Calendar No. 114
106th CONGRESS
1st Session
S. 1059
[Report No. 106-50]
A BILL
To authorize appropriations for fiscal year 2000 for military activities of
the Department of Defense, for military construction, and for defense activities
of the Department of Energy, to prescribe personnel strengths for such fiscal
year for the Armed Forces, and for other purposes.
May 17 (legislative day, MAY 14), 1999
Read twice and placed on the calendar
S 1059 PCS
Calendar No. 114
106th CONGRESS
1st Session
S. 1059
[Report No. 106-50]
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.
IN THE SENATE OF THE UNITED STATES
May 17 (legislative day MAY 14), 1999
Mr. WARNER, from the Committee on Armed Services, reported the following
original bill; which was read twice and placed on the calendar
A BILL
To authorize appropriations for fiscal year 2000 for military
activities of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel strengths
for such fiscal year for the Armed Forces, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `National Defense Authorization Act for
Fiscal Year 2000'.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) DIVISIONS- This Act is organized into three divisions as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security Authorizations
and Other Authorizations.
(b) TABLE OF CONTENTS- The table of contents for this Act is as
follows:
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 102. Navy and Marine Corps.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Chemical demilitarization program.
Sec. 107. Defense health programs.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for certain Army
programs.
Sec. 112. Close combat tactical trainer program.
Sec. 113. Army aviation modernization.
Subtitle C--Navy Programs
Sec. 121. LHD-8 amphibious dock ship 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. Cooperative engagement capability program.
Sec. 125. F/A-18E/F aircraft program.
Subtitle D--Air Force Programs
Sec. 131. F-22 aircraft program.
Subtitle E--Other Matters
Sec. 141. Extension of authority to carry out Armament Retooling and
Manufacturing Support Initiative.
Sec. 142. Extension of pilot program on sales of manufactured articles
and services of certain Army industrial facilities without regard to
availability from domestic sources.
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. NATO common-funded civil budget.
Sec. 212. Micro-satellite technology development program.
Sec. 213. Space control technology.
Sec. 214. Space maneuver vehicle.
Sec. 215. Manufacturing technology program.
Subtitle C--Ballistic Missile Defense
Sec. 221. Theater missile defense upper tier acquisition strategy.
Sec. 222. Repeal of requirement to implement technical and price
competition for theater high altitude area defense system.
Sec. 223. Space-based laser program.
Sec. 224. Airborne laser program.
Subtitle D--Research and Development for Long-Term Military
Capabilities
Sec. 231. Annual report on emerging operational concepts.
Sec. 232. Technology area review and assessment.
Sec. 233. Report by Under Secretary of Defense for Acquisition and
Technology.
Sec. 234. Incentives to produce innovative new technologies.
Sec. 235. DARPA competitive prizes award program for encouraging
development of advanced technologies.
Sec. 236. Additional pilot program for revitalizing Department of
Defense laboratories.
Sec. 237. Exemption of defense laboratory employees from certain
workforce management restrictions.
Sec. 238. Use of working-capital funds for financing research and
development of the military departments.
Sec. 239. Efficient utilization of defense laboratories.
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.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 311. NATO common-funded military budget.
Sec. 312. Use of humanitarian and civic assistance funding for pay and
allowances of special operations command reserves furnishing demining
training and related assistance as humanitarian assistance.
Sec. 313. National Defense Features Program.
Subtitle C--Environmental Provisions
Sec. 321. Environmental technology management.
Sec. 322. Establishment of environmental restoration accounts for
installations closed or realigned under the base closure laws and for
formerly used defense sites.
Sec. 323. Extension of limitation on payment of fines and penalties
using funds in environmental restoration accounts.
Sec. 324. Modification of requirements for annual reports on
environmental compliance activities.
Sec. 325. Modification of membership of Strategic Environmental Research
and Development Program Council.
Sec. 326. Extension of pilot program for sale of air pollution emission
reduction incentives.
Sec. 327. Reimbursement of Environmental Protection Agency for certain
costs in connection with Fresno Drum Superfund Site, Fresno,
California.
Sec. 328. Payment of stipulated penalties assessed under CERCLA in
connection with F.E. Warren Air Force Base, Wyoming.
Subtitle D--Other Matters
Sec. 341. Extension of warranty claims recovery pilot program.
Sec. 342. Additional matters to be reported before prime vendor contract
for depot-level maintenance and repair is entered into.
Sec. 343. Implementation of jointly approved changes in defense retail
systems.
Sec. 344. Waiver of required condition for sales of articles and
services of industrial facilities to purchasers outside the Department of
Defense.
Sec. 345. Eligibility to receive financial assistance available for
local educational agencies that benefit dependents of Department of Defense
personnel.
Sec. 346. Use of Smart Card technology in the Department of
Defense.
Sec. 347. Study on use of Smart Card as PKI authentication device
carrier for the Department of Defense.
Sec. 348. Revision of authority to donate certain Army materiel for
funeral ceremonies.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength levels.
Sec. 403. Reduction of end strengths below levels for two major regional
contingencies.
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.
Sec. 414. Increase in numbers of members in certain grades authorized to
be on active duty in support of the Reserves.
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. Extension of requirement for competition for joint 4-star
officer positions.
Sec. 502. Additional three-star officer positions for Superintendents of
Service Academies.
Sec. 503. Increase in maximum number of officers authorized to be on
active-duty list in frocked grade of brigadier general or rear
admiral.
Sec. 504. Reserve officers requesting or otherwise causing nonselection
for promotion.
Sec. 505. Minimum grade of officers eligible to serve on boards of
inquiry.
Sec. 506. Minimum selection of warrant officers for promotion from below
the promotion zone.
Sec. 507. Increase in threshold period of active duty for applicability
of restriction on holding of civil office by retired regular officers and
reserve officers.
Sec. 508. Exemption of retiree council members from recalled retiree
limits.
Subtitle B--Reserve Component Matters
Sec. 511. Additional exceptions for reserve component general and flag
officers from limitation on authorized strength of general and flag officers
on active duty.
Sec. 512. Duties of Reserves on active duty in support of the
reserves.
Sec. 513. 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. 514. Extension of period for retention of reserve component majors
and lieutenant commanders who twice fail of selection for promotion.
Sec. 515. Continuation of officer on reserve active-status list for
disciplinary action.
Sec. 516. Retention of reserve component chaplains until age 67.
Sec. 517. Reserve credit for participation in health professions
scholarship and financial assistance program.
Sec. 518. Exclusion of reserve officers on educational delay from
eligibility for consideration for promotion.
Sec. 519. Exclusion of period of pursuit of professional education from
computation of years of service for reserve officers.
Sec. 520. Correction of reference relating to crediting of satisfactory
service by reserve officers in highest grade held.
Sec. 521. Establishment of Office of the Coast Guard Reserve.
Subtitle C--Military Education and Training
Sec. 531. Authority to exceed temporarily a strength limitation for the
service academies.
Sec. 532. Repeal of limitation on amount of reimbursement authorized to
be waived for foreign students at the service academies.
Sec. 533. Expansion of foreign exchange programs of the service
academies.
Sec. 534. Permanent authority for ROTC scholarships for graduate
students.
Sec. 535. Authority for award of master of strategic studies degree by
the United States Army War College.
Sec. 536. Minimum educational requirements for faculty of the Community
College of the Air Force.
Sec. 537. Conferral of graduate-level degrees by Air University.
Sec. 538. Payment of tuition for education and training of members in
the defense acquisition workforce.
Sec. 539. Financial assistance program for pursuit of degrees by officer
candidates in Marine Corps Platoon Leaders Class Program.
Subtitle D--Decorations, Awards, and Commendations
Sec. 551. Waiver of time limitations for award of certain decorations to
certain persons.
Subtitle E--Amendments to Uniform Code of Military Justice
Sec. 561. Increase in sentencing jurisdiction of special courts-martial
authorized to adjudge a bad conduct discharge.
Sec. 562. Reduced minimum blood and breath alcohol levels for offense of
drunken operation or control of a vehicle, aircraft, or vessel.
Subtitle F--Other Matters
Sec. 571. Funeral honors details at funerals of veterans.
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. Reduction in required frequency of reporting on the Selected
Reserve Educational Assistance Program under the Montgomery GI Bill.
Sec. 575. Participation of members in management of organizations abroad
that promote international understanding.
Sec. 576. Forensic pathology investigations by Armed Forces Medical
Examiner.
Sec. 577. Nondisclosure of information on missing persons returned to
United States control.
Sec. 578. Use of recruiting materials for public relations
purposes.
Sec. 579. Improvement and transfer of jurisdiction of troops-to-teachers
program.
Sec. 580. Support for expanded child care services and youth program
services for dependents.
Sec. 581. Responses to domestic violence in the Armed Forces.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2000 increase and restructuring of basic
pay.
Sec. 602. Pay increases for fiscal years 2001 through 2006.
Sec. 603. Special subsistence allowance for food stamp eligible
members.
Sec. 604. Payment for unused leave in conjunction with a
reenlistment.
Sec. 605. Continuance of pay and allowances while in duty status
(whereabouts unknown).
Sec. 606. Equitable treatment of class of 1987 of the Uniformed Services
University of the Health Sciences.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of authorities relating to payment of
certain bonuses and special pays.
Sec. 612. One-year extension of certain bonuses and special pay
authorities for reserve forces.
Sec. 613. One-year extension of certain bonuses and special pay
authorities for nurse officer candidates, registered nurses, and nurse
anesthetists.
Sec. 614. Amount of aviation career incentive pay for air battle
managers formerly eligible for hazardous duty pay.
Sec. 615. Aviation career officer special pay.
Sec. 616. Career enlisted flyer incentive pay.
Sec. 617. Retention bonus for special warfare officers extending periods
of active duty.
Sec. 618. Retention bonus for surface warfare officers extending periods
of active duty.
Sec. 619. Additional special pay for board certified veterinarians in
the Armed Forces and Public Health Service.
Sec. 620. Increase in rate of diving duty special pay.
Sec. 621. Increase in maximum amount authorized for reenlistment bonus
for active members.
Sec. 622. Critical skills enlistment bonus.
Sec. 623. Selected Reserve enlistment bonus.
Sec. 624. Special pay for members of the Coast Guard Reserve assigned to
high priority units of the Selected Reserve.
Sec. 625. Reduced minimum period of enlistment in Army in critical skill
for eligibility for enlistment bonus.
Sec. 626. Eligibility for reserve component prior service enlistment
bonus upon attaining a critical skill.
Sec. 627. Increase in special pay and bonuses for nuclear-qualified
officers.
Sec. 628. Increase in maximum monthly rate authorized for foreign
language proficiency pay.
Subtitle C--Travel and Transportation Allowances
Sec. 641. Payment of temporary lodging expenses to enlisted members
making first permanent change of station.
Sec. 642. Destination airport for emergency leave travel to the
continental United States.
Sec. 643. Clarification of per diem eligibility of certain military
technicians (dual status) serving on active duty without pay outside the
United States.
Sec. 644. Expansion and codification of authority for space required
travel on military aircraft for Reserves performing inactive-duty training
outside the continental United States.
Sec. 645. Reimbursement of travel expenses incurred by members of the
Armed Forces in connection with leave canceled for involvement in
Kosovo-related activities.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
Sec. 651. Retired pay options for personnel entering uniformed services
on or after August 1, 1986.
Sec. 652. Participation in Thrift Savings Plan.
Sec. 653. Special retention initiative.
Sec. 654. Applicability of dual compensation limitation to reserve
officers retired after 20 years of active service.
Sec. 655. 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. 656. Paid-up coverage under Retired Serviceman's Family Protection
Plan.
Sec. 657. Permanent authority for payment of annuities to certain
military surviving spouses.
Sec. 658. Effectuation of intended SBP annuity for former spouse when
not elected by reason of untimely death of retiree.
Subtitle E--Other Matters
Sec. 671. Annual report on effects of initiatives on recruitment and
retention.
Sec. 672. Members under burdensome PERSTEMPO.
Sec. 673. Increased tuition assistance for members of the Armed Forces
deployed in support of a contingency operation or similar operation.
Sec. 674. Administration of Selected Reserve education loan repayment
program for Coast Guard Reserve.
Sec. 675. Extension to all uniformed services of authority for
presentation of United States flag to members upon retirement.
TITLE VII--HEALTH CARE
Subtitle A--TRICARE Program
Sec. 701. Improvement of TRICARE benefits and management.
Sec. 702. Expansion and revision of authority for dental programs for
dependents and Reserves.
Sec. 703. Sense of Congress regarding automatic enrollment of
medicare-eligible beneficiaries in the TRICARE Senior Prime demonstration
program.
Sec. 704. TRICARE beneficiary advocates.
Subtitle B--Other Matters
Sec. 711. Care at former uniformed services treatment facilities for
active duty members stationed at certain remote locations.
Sec. 712. One-year extension of chiropractic health care demonstration
program.
Sec. 713. Program year stability in health care benefits.
Sec. 714. Best value contracting.
Sec. 715. Authority to order reserve component members to active duty
for health surveillance studies.
Sec. 716. Continuation of previously provided custodial care benefits
for certain CHAMPUS beneficiaries.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Sec. 801. Extension of test program for negotiation of comprehensive
small business subcontracting plans.
Sec. 802. Mentor-protege program improvements.
Sec. 803. Report on transition of small business innovation research
program activities into defense acquisition programs.
Sec. 804. Authority to carry out certain prototype projects.
Sec. 805. Pilot program for commercial services.
Sec. 806. Applicability of competition requirements to purchases from a
required source.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--General
Sec. 901. Number of management headquarters and headquarters support
activities personnel.
Sec. 902. Additional matters for annual reports on joint warfighting
experimentation.
Sec. 903. Acceptance of guarantees in connection with gifts to the
United States Military Academy.
Sec. 904. Management of the Civil Air Patrol.
Sec. 905. Minimum interval for updating and revising Department of
Defense strategic plan.
Sec. 906. Permanent requirement for quadrennial defense review.
Subtitle B--Commission To Assess United States National Security Space
Management and Organization
Sec. 911. Establishment of commission.
Sec. 912. Duties of commission.
Sec. 915. Commission procedures.
Sec. 916. Personnel matters.
Sec. 917. Miscellaneous administrative provisions.
Sec. 919. Termination of the commission.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Second biennial financial management improvement plan.
Sec. 1003. Single payment date for invoice for various subsistence
items.
Sec. 1004. Authority to require use of electronic transfer of funds for
Department of Defense personnel payments.
Sec. 1005. Payment of foreign licensing fees out of proceeds of sales of
maps, charts, and navigational books.
Sec. 1006. Authority for disbursing officers to support use of automated
teller machines on naval vessels for financial transactions.
Sec. 1007. Central transfer account for combating terrorism.
Sec. 1008. United States contribution to NATO common-funded budgets in
fiscal year 2000.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Sales of naval shipyard articles and services to nuclear ship
contractors.
Sec. 1012. Period of delay after notice of proposed transfer of vessel
stricken from Naval Vessel Register.
Subtitle C--Miscellaneous Report Requirements and Repeals
Sec. 1021. Preservation of certain defense reporting requirements.
Sec. 1022. Annual report on combatant command requirements.
Sec. 1023. Report on assessments of readiness to execute the national
military strategy.
Sec. 1024. Report on inventory and control of military equipment.
Sec. 1025. Space technology guide.
Sec. 1026. 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. 1027. Comptroller General report on anticipated effects of proposed
changes in operation of storage sites for lethal chemical agents and
munitions.
Sec. 1028. Report on deployments of rapid assessment and initial
detection teams across State boundaries.
Sec. 1029. Report on consequence management program integration office
unit readiness.
Sec. 1030. Analysis of relationship between threats and budget
submission for fiscal year 2001.
Sec. 1031. Report on NATO's Defense Capabilities Initiative.
Subtitle D--Other Matters
Sec. 1041. Limitation on retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1042. Limitation on reduction in United States strategic nuclear
forces.
Sec. 1043. Counterproliferation program review committee.
Sec. 1044. Limitation regarding Cooperative Threat Reduction
programs.
Sec. 1045. Period covered by annual report on accounting for United
States assistance under Cooperative Threat Reduction Programs.
Sec. 1046. Support of United Nations-sponsored efforts to inspect and
monitor Iraqi weapons activities.
Sec. 1047. Information assurance initiative.
Sec. 1048. Defense Science Board task force on television and radio as a
propaganda instrument in time of military conflict.
Sec. 1049. Prevention of interference with Department of Defense use of
frequency spectrum.
Sec. 1050. Off-shore entities interfering with Department of Defense use
of the frequency spectrum.
Sec. 1051. Repeal of limitation on amount of Federal expenditures for
the National Guard Challenge Program.
Sec. 1052. Nondisclosure of information on personnel of overseas,
sensitive, or routinely deployable units.
Sec. 1053. Nondisclosure of operational files of the National Imagery
and Mapping Agency.
Sec. 1054. Nondisclosure of information of the National Imagery and
Mapping Agency having commercial significance.
Sec. 1055. Continued enrollment of dependents in Department of Defense
domestic dependent elementary and secondary schools after loss of
eligibility.
Sec. 1056. Unified school boards for all Department of Defense Domestic
Dependent Schools in the Commonwealth of Puerto Rico and Guam.
Sec. 1057. Department of Defense STARBASE Program.
Sec. 1058. Program to commemorate the 50th anniversary of the Korean
War.
Sec. 1059. Extension and reauthorization of Defense Production Act of
1950.
Sec. 1060. Extension to naval aircraft of Coast Guard authority for drug
interdiction activities.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Accelerated implementation of voluntary early retirement
authority.
Sec. 1102. Deference to EEOC procedures for investigation of complaints
of sexual harassment made by employees.
Sec. 1103. Restoration of leave of emergency essential employees serving
in a combat zone.
Sec. 1104. Leave without loss of benefits for military reserve
technicians on active duty in support of combat operations.
Sec. 1105. Work schedules and premium pay of service academy
faculty.
Sec. 1106. Salary schedules and related benefits for faculty and staff
of the Uniformed Services University of the Health Sciences.
TITLE XII--NATIONAL MILITARY MUSEUM AND RELATED MATTERS
Subtitle A--Commission on National Military Museum
Sec. 1201. Establishment.
Sec. 1202. Duties of commission.
Sec. 1205. Commission procedures.
Sec. 1206. Personnel matters.
Sec. 1207. Miscellaneous administrative provisions.
Sec. 1209. Termination of the commission.
Subtitle B--Related Matters
Sec. 1211. Future use of Navy Annex property, Arlington, Virginia.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition
projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition
projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Technical modification of authority relating to certain
fiscal year 1997 project.
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 family housing improvement program.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Modification of authority to carry out certain fiscal year
1997 project.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition
projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1997
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1996
projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Program 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. Prohibition on carrying out military construction projects
funded using incremental funding.
Sec. 2803. Defense Chemical Demilitarization Construction Account.
Sec. 2804. Limitation on authority regarding ancillary supporting
facilities under alternative authority for acquisition and construction of
military housing.
Sec. 2805. Availability of funds for planning and design in connection
with acquisition of reserve component facilities.
Sec. 2806. Modification of limitations on reserve component facility
projects for certain safety projects.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Extension of authority for leases of property for special
operations activities.
Sec. 2812. Enhancement of authority relating to utility
privatization.
Subtitle C--Defense Base Closure and Realignment
Sec. 2821. Conveyance of property at installations closed or realigned
under the base closure laws without consideration for economic redevelopment
purposes.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Sec. 2831. Land conveyance, Army Reserve Center, Bangor, Maine.
Part II--Navy Conveyances
Sec. 2841. Clarification of land exchange, Naval Reserve Readiness
Center, Portland, Maine.
Sec. 2842. Land conveyance, Newport, Rhode Island.
Sec. 2843. Land conveyance, Naval Weapons Industrial Reserve Plant No.
387, Dallas, Texas.
Part III--Air Force Conveyances
Sec. 2851. Land conveyance, McClellan Nuclear Radiation Center,
California.
Sec. 2852. Land conveyance, Newington Defense Fuel Supply Point, New
Hampshire.
Subtitle E--Other Matters
Sec. 2861. Acquisition of State-held inholdings, East Range of Fort
Huachuca, Arizona.
Sec. 2862. Development of Ford Island, Hawaii.
TITLE XXIX--RENEWAL OF MILITARY LAND WITHDRAWALS
Sec. 2903. Maps and legal descriptions.
Sec. 2904. Management of withdrawn lands.
Sec. 2905. Special wildlife rules on Barry M. Goldwater Range.
Sec. 2906. Establishment of national park in Barry M. Goldwater
Range.
Sec. 2907. Land management analysis.
Sec. 2908. Ongoing environmental restoration.
Sec. 2909. Relinquishment.
Sec. 2912. Hunting, fishing, and trapping.
Sec. 2913. Mining and mineral leasing.
Sec. 2914. Immunity of United States.
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. Tritium production.
Sec. 3135. Independent cost estimate of Accelerator Production of
Tritium.
Sec. 3136. Nonproliferation initiatives and activities.
Subtitle D--Safeguards, Security, and Counterintelligence at Department
of Energy Facilities
Sec. 3152. Commission on Safeguards, Security, and Counterintelligence
at Department of Energy Facilities.
Sec. 3153. Background investigations of certain personnel at Department
of Energy facilities.
Sec. 3154. Plan for polygraph examinations of certain personnel at
Department of Energy facilities.
Sec. 3155. Civil monetary penalties for violations of Department of
Energy regulations relating to the safeguarding and security of Restricted
Data.
Sec. 3156. Moratorium on laboratory-to-laboratory and foreign visitors
and assignments programs.
Sec. 3157. Increased penalties for misuse of Restricted Data.
Sec. 3158. Organization of Department of Energy counterintelligence and
intelligence programs and activities.
Sec. 3159. Counterintelligence activities at certain Department of
Energy facilities.
Sec. 3160. Whistleblower protection.
Sec. 3161. Investigation and remediation of alleged reprisals for
disclosure of certain information to Congress.
Sec. 3162. Notification to Congress of certain security and
counterintelligence failures at Department of Energy facilities.
Subtitle E--Other Matters
Sec. 3171. Maintenance of nuclear weapons expertise in the Department of
Defense and Department of Energy.
Sec. 3172. Modification of budget and planning requirements for
Department of Energy national security activities.
Sec. 3173. Extension of authority of Department of Energy to pay
voluntary separation incentive payments.
Sec. 3174. Integrated fissile materials management plan.
Sec. 3175. Authority of Department of Energy to accept loans from
contractors for closure projects at Department of Energy defense
facilities.
Sec. 3176. Pilot program for project management oversight regarding
Department of Energy construction projects.
Sec. 3177. Extension of review of Waste Isolation Pilot Plant, New
Mexico.
Sec. 3178. Proposed schedule for shipments of waste from the Rocky Flats
Plant, Colorado, to the Waste Isolation Pilot Project, New Mexico.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Defense Nuclear Facilities Safety Board.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of stockpile funds.
Sec. 3302. Limitations on previous authority for disposal of stockpile
materials.
TITLE XXXIV--PANAMA CANAL COMMISSION
Sec. 3402. Authorization of expenditures.
Sec. 3403. Purchase of vehicles.
Sec. 3404. Expenditures only in accordance with treaties.
Sec. 3405. Office of Transition Administration.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term `congressional defense committees'
means--
(1) the Committee on Armed Services and the Committee on Appropriations
of the Senate; and
(2) the Committee on National Security and the Committee on
Appropriations of the House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2000 for
procurement for the Army as follows:
(1) For aircraft, $1,500,188,000.
(2) For missiles, $1,411,104,000.
(3) For weapons and tracked combat vehicles, $1,678,865,000.
(4) For ammunition, $1,209,816,000.
(5) For other procurement, $3,669,070,000.
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, $8,927,255,000.
(2) For weapons, including missiles and torpedoes, $1,392,100,000.
(3) For shipbuilding and conversion, $7,016,454,000.
(4) For other procurement, $4,197,791,000.
(b) MARINE CORPS- Funds are hereby authorized to be appropriated for
fiscal year 2000 for procurement for the Marine Corps in the amount of
$1,295,570,000.
(c) NAVY AND MARINE CORPS AMMUNITION- Funds are hereby authorized to be
appropriated for procurement of ammunition for the Navy and the Marine Corps
in the amount of $540,700,000.
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, $9,704,866,000.
(2) For missiles, $2,389,208,000.
(3) For ammunition, $411,837,000.
(4) For other procurement, $7,142,177,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2000 for
Defense-wide procurement in the amount of $2,293,417,000.
SEC. 105. 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. 106. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal year 2000 the
amount of $1,169,000,000 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 material of the United States
that is not covered by section 1412 of such Act.
SEC. 107. 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:
(2) The Family of Medium Tactical Vehicles, except that the period of a
multiyear contract may not exceed three years.
(3) The Command Launch Unit for the Javelin Advanced Anti-tank Weapon
System-Medium.
(4) The missile for the Javelin Advanced Anti-tank Weapon System-Medium,
except that the period of a multiyear contract may not exceed four
years.
(5) The AH-64D Longbow Apache aircraft.
(6) The Wolverine heavy assault bridge.
(7) The system enhancement program for the M1A2 Abrams tank
assembly.
(8) The Second Generation Forward Looking Infrared system for the M1A2
Abrams tank.
(9) The C2V Command and Control Vehicle, except that the period of a
multiyear contract may not exceed four years.
(10) The Second Generation Forward Looking Infrared system for the
Bradley A3 fighting vehicle, except that the period of a multiyear contract
may not exceed four years.
(11) The improved Bradley acquisition system for the Bradley A3 fighting
vehicle, except that the period of a multiyear contract may not exceed four
years.
(12) The Bradley A3 fighting vehicle, except that the period of a
multiyear contract may not exceed four years.
SEC. 112. CLOSE COMBAT TACTICAL TRAINER PROGRAM.
None of the funds authorized to be appropriated under section 101(5) may
be used for the procurement of the close combat tactical trainers configured
to mobile or fixed sites for tanks or to mobile or fixed sites for the Bradley
A3 fighting vehicle under the Close Combat Tactical Trainer program of the
Army until--
(1) the Secretary of the Army has submitted to the congressional defense
committees a report containing--
(A) a discussion of the actions taken to correct the deficiencies in
such trainers that have been identified by the Director of Operations Test
and Evaluation of the Department of Defense before the date of the report;
and
(B) the Secretary's certification that the close combat tactical
trainers satisfy the reliability requirements established for the trainers
under the program; and
(2) thirty days have elapsed since the date of the submittal of the
report.
SEC. 113. ARMY AVIATION MODERNIZATION.
(a) 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. The 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 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.
(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 existing aviation force
structure.
(C) Support for the plan for the AH-64D Apache program required under
paragraph (1).
(4) For the UH-1 Huey helicopter program:
(A) A UH-1 modernization program.
(B) Revision of total force requirements for the aircraft to reflect
the warfighting support requirements and State mission requirements for
aircraft utilized by the Army National Guard.
(5) For the UH-60 helicopter program:
(A) Identification of the requirements for the aircraft.
(B) An acquisition strategy for meeting requirements that cannot be
met by UH-1 Huey helicopters among the warfighting support requirements
and State mission requirements for aircraft utilized by the Army National
Guard.
(C) An upgrade 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, a modernization
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.
(b) LIMITATION- Not more than 90 percent of the amount authorized to be
appropriated under section 101(2) may be obligated before the date that is 30
days after the date on which the Secretary of the Army submits the plan
required under subsection (a) to the congressional defense committees.
Subtitle C--Navy Programs
SEC. 121. LHD-8 AMPHIBIOUS DOCK SHIP PROGRAM.
(a) AUTHORIZATION OF SHIP- The Secretary of the Navy is authorized to
procure the amphibious dock 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 dock 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. 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.
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. COOPERATIVE ENGAGEMENT CAPABILITY PROGRAM.
(a) LIMITATION- Cooperative engagement equipment procured under the
Cooperative Engagement Capability program of the Navy may not be installed
into a commissioned vessel until the completion of operational test and
evaluation of the shipboard cooperative engagement capability.
(b) CONSTRUCTION- Subsection (a) shall not be construed to limit the
installation of cooperative engagement equipment in new construction ships.
SEC. 125. F/A-18E/F AIRCRAFT PROGRAM.
(a) AUTHORITY- Beginning with the fiscal year 2000 program year, the
Secretary of the Navy may, in accordance with section 2306b of title 10,
United States Code, enter into a multiyear procurement contract for the
procurement of F/A-18E/F aircraft.
(b) LIMITATION- The Secretary may not exercise the authority under
subsection (a) until the Secretary of Defense certifies to the Committees on
Armed Services of the Senate and House of Representatives that the F/A-18E/F
aircraft has successfully completed initial operational test and
evaluation.
Subtitle D--Air Force Programs
SEC. 131. F-22 AIRCRAFT PROGRAM.
Before awarding the contract for low-rate initial production under the
F-22 aircraft program, the Secretary of Defense shall certify to the
congressional defense committees that--
(1) the test plan in the engineering and manufacturing development
program is adequate for determining the operational effectiveness and
suitability of the F-22 aircraft; and
(2) the engineering and manufacturing development program and the
production 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).
Subtitle E--Other Matters
SEC. 141. 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'.
SEC. 142. 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; 111 Stat. 1652; 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 a fiscal year covered by the pilot program'.
(b) EXTENSION OF DEADLINE FOR INSPECTOR GENERAL REPORT- Subsection (c) of
such section is amended by striking `July 1, 1999' and inserting `July 1,
2000'.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2000 for
the use of the Department of Defense for research, development, test, and
evaluation as follows:
(1) For the Army, $4,671,194,000.
(2) For the Navy, $8,201,116,000.
(3) For the Air Force, $13,567,308,000.
(4) For Defense-wide activities, $9,400,081,000, 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, $4,156,812,000 shall be available for basic research and applied
research projects.
(b) BASIC RESEARCH AND APPLIED RESEARCH DEFINED- For purposes of this
section, the term `basic research and applied research' means work funded in
program elements for defense research and development under Department of
Defense category 6.1 or 6.2.
Subtitle B--Program Requirements, Restrictions, and
Limitations
SEC. 211. NATO COMMON-FUNDED CIVIL BUDGET.
Of the amount authorized to be appropriated by section 201(1), $750,000
shall be available for contributions for the common-funded Civil Budget of
NATO.
SEC. 212. MICRO-SATELLITE TECHNOLOGY DEVELOPMENT PROGRAM.
(a) FUNDING- Of the funds authorized to be appropriated under section
201(3), $25,000,000 is available for continued implementation of the
micro-satellite technology program established pursuant to section 215 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85;
111 Stat. 1659).
(b) MICRO-SATELLITE TECHNOLOGY DEVELOPMENT PLAN- The Secretary of Defense
shall develop a micro-satellite technology development plan to guide
technology investment decisions and prioritize technology demonstration
activities.
(c) REPORT- Not later than April 15, 1999, the Secretary shall submit to
the congressional defense committees a report regarding the plan developed
under subsection (b).
SEC. 213. SPACE CONTROL TECHNOLOGY.
(a) FUNDS AVAILABLE FOR AIR FORCE EXECUTION- Of the funds authorized to be
appropriated under section 201(3), $19,822,000 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), $41,000,000 shall be available for space
control technology development. Of the funds made available pursuant to the
preceding sentence, the Commanding General of the United States Army Space and
Missile Defense Command may utilize such amounts as are necessary for any or
all of the following activities:
(1) Continued development of the kinetic energy anti-satellite
technology program necessary to retain an option of conducting a flight test
within two years of any decision to do so.
(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. 214. SPACE MANEUVER VEHICLE.
(a) FUNDING- Of the funds authorized to be appropriated under section
201(3), $35,000,000 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) may be used only to
acquire a second flight test article for the joint Air Force and National
Aeronautics and Space Administration X-37 program in support of the Air Force
Space Maneuver Vehicle program.
SEC. 215. MANUFACTURING TECHNOLOGY PROGRAM.
(a) SUPPORT OF HIGH-RISK PROJECTS TO MEET ESSENTIAL REQUIREMENTS-
Subsection (b) of section 2525 of title 10, United States Code, is
amended--
(1) by striking paragraph (4);
(2) by redesignating paragraphs (1), (2), and (3) as paragraphs (2),
(3), and (4) respectively; and
(3) by inserting after `program--' the following new paragraph
(1):
`(1) to focus Department of Defense support for advanced manufacturing
technologies on high-risk projects for the development and application of
technologies for use to satisfy manufacturing requirements essential to the
national defense that involve repair and remanufacturing in support of the
operations of systems commands, depots, air logistics centers, and
shipyards;'.
(b) EXECUTION- Subsection (c) of such section is amended--
(1) by redesignating paragraph (2) as paragraph (4); and
(2) by inserting after paragraph (1) the following:
`(2) The Secretary shall require that manufacturing technology projects
proposed to be carried out under the program be selected principally on the
basis of the extent to which the projects satisfy the purpose set forth in
subsection (b)(1), as determined by a panel established to review the proposed
projects and to make the selections.
`(3) A manufacturing technology project selected for the program may be
carried out only if the head of the program office of a systems command,
depot, air logistics center, or shipyard serves as a sponsor for the project
by certifying that funds available to the program office will be used to pay
the costs of implementing a manufacturing technology developed and applied
under the project to the successful satisfaction of requirements described in
subsection (b)(1).'.
(c) CONSIDERATION OF COST-SHARING PROPOSALS- Subsection (d) of such
section is amended--
(1) by striking paragraphs (2) and (3);
(2) by striking `(A)' following `(d) COMPETITION AND COST SHARING- (1)';
and
(3) by striking `(B) For each' and all that follows through `competitive
procedures.' and inserting the following: `(2) The competitive procedures
shall include among the factors to be considered in the evaluation of a
proposal for a grant, contract, cooperative agreement, or other transaction
for a project the extent to which the proposal provides for the prospective
recipient to share in defraying the costs of the project.'.
Subtitle C--Ballistic Missile Defense
SEC. 221. THEATER MISSILE DEFENSE UPPER TIER ACQUISITION STRATEGY.
(a) REVISED UPPER TIER STRATEGY- The Secretary of Defense shall establish
an acquisition strategy for the 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 system.
SEC. 222. REPEAL OF REQUIREMENT TO IMPLEMENT TECHNICAL AND PRICE COMPETITION
FOR THEATER HIGH ALTITUDE AREA DEFENSE 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
repealed.
SEC. 223. SPACE-BASED LASER PROGRAM.
(a) STRUCTURE OF PROGRAM- The Secretary of Defense shall structure the
space-based laser program to include--
(1) a near-term integrated flight experiment; and
(2) an ongoing activity for developing an objective system design,
including developing, testing, and operating a prototype system.
(b) INTEGRATED FLIGHT EXPERIMENT- The Secretary shall structure the
integrated flight experiment to provide for the following:
(1) Establishment of an objective to carry out an early demonstration of
the fundamental end-to-end capability to detect, track, and destroy a
boosting ballistic missile with a lethal laser from space.
(2) Utilization, to the maximum extent possible, of technology that has
been demonstrated in principle or can be developed in the near-term with a
low degree of risk.
(3) A goal of launching the experiment by 2006.
(c) DEVELOPMENT OF OBJECTIVE SYSTEM DESIGN- In order to develop an
objective system design suited to the operational and technological
environment that will exist when such a system can be deployed, the Secretary
shall structure the space-based laser program schedule to include the
following:
(1) Robust research and development on advanced technologies in parallel
with the development of the integrated flight experiment.
(2) Architecture studies to assess alternative space-based laser
constellation and system performance characteristics.
(3) Planning for the development of a space-based laser prototype
that--
(A) utilizes the lessons learned from the integrated flight
experiment;
(B) is supported by ongoing architecture and advanced technology
research and development efforts; and
(C) is scheduled to be launched approximately two years before the
date by which the objective space-based laser system configuration is to
be completed.
(d) SENSE OF CONGRESS- It is the sense of Congress that the structure
required by this section for the space-based laser program is consistent with
the joint venture contracting approach and overall objective that the
Department of Defense has established for the space-based laser program.
(e) REVISED PROGRAM BASELINE- The Secretary, in consultation with the
space-based laser joint venture team, shall promptly revise the space-based
laser program baseline to reflect the requirements of this section.
(f) FUNDS AVAILABLE FOR BALLISTIC MISSILE DEFENSE ORGANIZATION EXECUTION-
Of the amounts authorized to be appropriated under section 201(4), $75,000,000
shall be available for the space-based laser program. Amounts made available
under this subsection may be transferred to the Air Force for execution in
support of the space-based laser program.
(g) FUNDS AVAILABLE FOR AIR FORCE EXECUTION- Of the amounts authorized to
be appropriated under section 201(3), $88,840,000 shall be available for the
space-based laser program.
SEC. 224. AIRBORNE LASER PROGRAM.
(a) MODIFICATION OF PROGRAM DEFINITION AND RISK REDUCTION AIRCRAFT- The
Secretary of the Air Force may not commence any modification of the program
definition and risk reduction aircraft for the Airborne Laser program until
the Secretary of Defense certifies to Congress that he has determined that the
commencement of the aircraft modification according to the existing schedule
is justified on the basis of the results of test and analysis involving the
following activities:
(1) The North Oscura Peak dynamic 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 other existing data.
(b) AUTHORITY-TO-PROCEED-2- Before the Authority-to-Proceed-2 may be
approved for the Airborne Laser program, the Secretary of Defense shall--
(1) ensure 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) approve the plan; and
(3) submit a report on the plan to the congressional defense
committees.
(c) MILESTONE II EXIT CRITERIA- The Secretary of Defense shall restructure
the Airborne Laser program schedule and Milestone II exit criteria to ensure
that, prior to the making of a Milestone II decision approving entry of the
program into engineering and manufacturing development--
(1) no modification of the engineering and manufacturing development
aircraft is begun;
(2) the program definition and risk reduction aircraft is utilized in 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 system across the full range of its validated operational
requirements; and
(3) 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) AIRBORNE LASER PROGRAM ASSESSMENT DEFINED- In this section, the term
`Airborne Laser Program Assessment' means the Assessment of Technical and
Operational Aspects of the Airborne Laser Program that was submitted to
Congress by the Secretary of Defense on March 9, 1999.
Subtitle D--Research and Development for Long-Term Military
Capabilities
SEC. 231. ANNUAL REPORT ON EMERGING OPERATIONAL CONCEPTS.
(a) EXTENSION OF REPORTING REQUIREMENT- Subsection (a) of 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 amended by striking `2000' and
inserting `2002'.
(b) IDENTIFICATION OF TECHNOLOGICAL OBJECTIVES FOR RESEARCH AND
DEVELOPMENT- That section is further amended by adding at the end the
following new subsection:
`(c) ADDITIONAL MATTERS TO BE INCLUDED IN REPORTS AFTER 1999- Each report
under this section after 1999 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 2020
to 2030;
`(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.'.
SEC. 232. 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. 233. REPORT BY UNDER SECRETARY OF DEFENSE FOR ACQUISITION AND
TECHNOLOGY.
(a) REQUIREMENT- The Under Secretary of Defense for Acquisition and
Technology 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.
SEC. 234. INCENTIVES TO PRODUCE INNOVATIVE NEW TECHNOLOGIES.
(a) TECHNICAL RISK AND PROFIT INCENTIVE- The Department of Defense profit
guidelines established in subpart 215.9 of the Department of Defense
Supplement to the Federal Acquisition Regulation shall be modified to place
increased emphasis on technical risk as a factor for determining appropriate
profit margins and otherwise to provide an increased profit incentive for
contractors to develop and produce complex and innovative new technologies,
rather than to produce mature technologies with low technical risk.
(b) EXPIRATION OF AUTHORITY- This section shall cease to be effective one
year after the date on which the Secretary of Defense publishes in the Federal
Register final regulations modifying the guidelines in accordance with
subsection (a).
SEC. 235. DARPA COMPETITIVE PRIZES AWARD PROGRAM FOR ENCOURAGING DEVELOPMENT
OF ADVANCED TECHNOLOGIES.
(a) AUTHORITY- Chapter 139 of title 10, United States Code, is amended by
inserting after section 2374 the following:
`Sec. 2374a. Prizes for advanced technology
`(a) AUTHORITY- The Director of the Defense Advanced Research Projects
Agency may carry out a program to award 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 Director shall use a competitive
process for the selection of recipients of prizes under this section. The
process shall include the widely-advertised solicitation of submissions of
research results, technology developments, and prototypes.
`(c) FORM OF PRIZE- A prize awarded under this section shall be a monetary
award together with a trophy, plaque, or medal or other emblem.
`(d) 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 and Technology.
`(e) RELATIONSHIP TO OTHER AUTHORITY- The Director may exercise the
authority under this section 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.
`(f) ANNUAL REPORT- Promptly after the end of each fiscal year, the
Director 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
the 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.'.
(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:
`2374a. Prizes for advanced technology.'.
SEC. 236. ADDITIONAL PILOT PROGRAM FOR REVITALIZING DEPARTMENT OF DEFENSE
LABORATORIES.
(a) AUTHORITY- (1) The Secretary of Defense may carry out a pilot program
to demonstrate improved cooperative relationships with universities and other
private sector entities for the performance of research and development
functions. The pilot program under this section is in addition to the pilot
program carried out under section 246 of the Strom Thurmond 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 of each military department
with authority for the following:
(A) To ensure that the defense laboratories can attract a balanced
workforce of permanent and temporary personnel with an appropriate level of
skills and experience, and can effectively compete in hiring processes to
obtain the finest scientific talent.
(B) To waive any restrictions not required by law that apply to the
demonstration and implementation of methods for achieving the objectives in
subparagraph (A).
(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) REPORT- (1) Not later than March 1, 2000, the Secretary of Defense
shall submit a report on the implementation of the pilot program to Congress.
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 or center.
(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 the laboratory in the pilot
program. The report shall contain the following:
(A) A description of the concepts tested.
(B) The results of the testing.
(D) Any proposal for legislation that the Secretary recommends on the
basis of the experience at the laboratory under the pilot program.
SEC. 237. EXEMPTION OF DEFENSE LABORATORY EMPLOYEES FROM CERTAIN WORKFORCE
MANAGEMENT RESTRICTIONS.
(a) STRENGTH MANAGEMENT- Section 342 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 man years, end strength, full time equivalent
positions, supervisory ratios, or maximum number of employees in any 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 and
Technology.'.
(b) REDUCTIONS IN FORCE- Notwithstanding any provision of law that
requires a reduction in the size of the defense acquisition workforce--
(1) the employees of a Department of Defense laboratory shall not be
considered as being included in that workforce for the purpose of that
provision of law; and
(2) the Secretary of Defense, in carrying out the reduction under that
provision of law, shall consider the size of the required reduction as being
lowered by--
(A) the percent determined by dividing (on the basis of the equivalent
of full-time employees) the total number of employees in the defense
acquisition workforce as of the beginning of the reduction in force into
the number of laboratory employees that, except for paragraph (1), would
otherwise have been considered as being in the workforce to be reduced
under that provision of law; or
(B) any other factor that the Secretary determines as being a more
appropriate measure for the adjustment.
SEC. 238. USE OF WORKING-CAPITAL FUNDS FOR FINANCING RESEARCH AND
DEVELOPMENT OF THE MILITARY DEPARTMENTS.
(a) AUTHORITY- Section 2208 of title 10, United States Code, is amended by
adding at the end the following:
`(r) RESEARCH, DEVELOPMENT, TEST, AND EVALUATION- (1) Working-capital
funds shall be used for financing all research, development, test, and
evaluation activities and programs of the military departments.
`(2) The following transactions are authorized for the use of
working-capital funds for activities and programs described in paragraph
(1):
`(A) Acceptance of reimbursable orders from authorized customers.
`(B) Crediting of working-capital funds, out of funds available for a
military department for research, development, test, and evaluation or any
other appropriate source of funds, for goods and services provided to that
military department.
`(3) The policies, procedures, and regulations of the Department of
Defense that are applicable to the use and management of Department of Defense
revolving funds shall be applied uniformly to all uses of working-capital
funds for financing the activities and programs described in paragraph
(1).'.
(b) IMPLEMENTATION- (1) The Secretary of Defense shall amend the
Department of Defense Financial Management Regulation to ensure that
subsection (r)(3) of section 2208 of title 10, United States Code (as added by
subsection (a)), is fully implemented.
(2) Not later than April 1, 2000, and August 1, 2000, the Under Secretary
of Defense (Comptroller) shall submit to the Committees on Armed Services of
the Senate and the House of Representatives written status reports on the
progress made in implementing subsection (r) of section 2208 of title 10,
United States Code, as added by subsection (a). Each status report shall, at a
minimum, include the following:
(A) The schedule for completing the key actions necessary for
implementation.
(B) The progress made in the implementation by the military departments
and the other agencies of the Department of Defense through the date of the
report.
(C) Each delay and obstacle encountered in the implementation, together
with an explanation of the actions taken in each such case to ensure timely
implementation.
SEC. 239. EFFICIENT UTILIZATION OF DEFENSE LABORATORIES.
(a) ANALYSIS BY INDEPENDENT PANEL- (1) Not later than 45 days after the
date of the enactment of this Act, the Secretary of Defense shall convene a
panel of independent experts under the auspices of the Defense Science Board
to conduct an analysis of the resources and capabilities of all of the
laboratories and test and evaluation facilities of the Department of Defense,
including those of the military departments. In conducting the analysis, the
panel shall identify opportunities to achieve efficiency and reduce
duplication of efforts by consolidating responsibilities by area or function
or by designating lead agencies or executive agents in cases considered
appropriate. The panel shall report its findings to the Secretary of Defense
and to Congress not later than August 1, 2000.
(2) The analysis required by paragraph (1) shall, at a minimum, address
the capabilities of the laboratories and test and evaluation facilities in the
areas of air vehicles, armaments, command, control, communications, and
intelligence, space, directed energy, electronic warfare, medicine, corporate
laboratories, civil engineering, geophysics, and the environment.
(b) PERFORMANCE REVIEW PROCESS- Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall develop an
appropriate performance review process for rating the quality and relevance of
work performed by the Department of Defense laboratories. The process shall
include customer 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.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
(a) AMOUNTS AUTHORIZED- Funds are hereby authorized to be appropriated for
fiscal year 2000 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for expenses, not otherwise provided
for, for operation and maintenance, in amounts as follows:
(1) For the Army, $18,340,094,000.
(2) For the Navy, $22,182,615,000.
(3) For the Marine Corps, $2,612,529,000.
(4) For the Air Force, $20,382,403,000.
(5) For Defense-wide activities, $10,963,033,000.
(6) For the Army Reserve, $1,376,813,000.
(7) For the Naval Reserve, $927,347,000.
(8) For the Marine Corps Reserve, $125,766,000.
(9) For the Air Force Reserve, $1,726,837,000.
(10) For the Army National Guard, $2,912,249,000.
(11) For the Air National Guard, $3,119,518,000.
(12) For the Defense Inspector General, $138,244,000.
(13) For the United States Court of Appeals for the Armed Forces,
$7,621,000.
(14) For Environmental Restoration, Army, $378,170,000.
(15) For Environmental Restoration, Navy, $284,000,000.
(16) For Environmental Restoration, Air Force, $376,800,000.
(17) For Environmental Restoration, Defense-wide, $25,370,000.
(18) For Environmental Restoration, Formerly Used Defense Sites,
$199,214,000.
(19) For Overseas Humanitarian, Demining, and CINC Initiatives,
$55,800,000.
(20) For Drug Interdiction and Counter-drug Activities, Defense-wide,
$745,265,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $15,000,000.
(22) For Medical Programs, Defense, $10,453,487,000.
(23) For Cooperative Threat Reduction programs, $475,500,000.
(24) For Overseas Contingency Operations Transfer Fund,
$2,387,600,000.
(25) For Combating Terrorism Activities Transfer Fund,
$1,954,430,000.
(26) For quality of life enhancements, $1,845,370,000.
(27) For defense transfer programs, $31,000,000.
(b) GENERAL LIMITATION- Notwithstanding paragraphs (1) through (27) of
subsection (a), the total amount authorized to be appropriated for fiscal year
2000 under those paragraphs is $104,042,075,000.
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 Army Working-Capital Fund, $62,344,000.
(2) For the Defense Working-Capital Fund, Air Force, $28,000,000.
(3) For the National Defense Sealift Fund, $394,700,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2000 from
the Armed Forces Retirement Home Trust Fund the sum of $68,295,000 for the
operation of the Armed Forces Retirement Home, including the United States
Soldiers' and Airmen's Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANSACTION FUND.
(a) TRANSFER AUTHORITY- To the extent provided in appropriations Acts, not
more than $150,000,000 is authorized to be transferred from the National
Defense Stockpile Transaction Fund to operation and maintenance accounts for
fiscal year 2000 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) TREATMENT OF TRANSFERS- Amounts transferred under this section--
(1) shall be merged with, and be available for the same purposes and the
same period as, the amounts in the accounts to which transferred; and
(2) may not be expended for an item that has been denied authorization
of appropriations by Congress.
(c) RELATIONSHIP TO OTHER TRANSFER AUTHORITY- The transfer authority
provided in this section is in addition to the transfer authority provided in
section 1001.
Subtitle B--Program Requirements, Restrictions, and
Limitations
SEC. 311. NATO COMMON-FUNDED MILITARY BUDGET.
Of the amount authorized to be appropriated pursuant to section 301(a)(1)
for operation and maintenance for the Army, $216,400,000 shall be available
for contributions for the common-funded Military Budget of the North Atlantic
Treaty Organization.
SEC. 312. USE OF HUMANITARIAN AND CIVIC ASSISTANCE FUNDING FOR PAY AND
ALLOWANCES OF SPECIAL OPERATIONS COMMAND RESERVES FURNISHING DEMINING TRAINING
AND RELATED ASSISTANCE AS HUMANITARIAN ASSISTANCE.
Section 401(c) of title 10, United States Code, is amended by adding at
the end the following:
`(5) Up to 5 percent of the funds available in any fiscal year for
humanitarian and civic assistance described in subsection (e)(5) may be
expended for the pay and allowances of reserve component personnel of the
Special Operations Command for periods of duty for which the personnel, for a
humanitarian purpose, furnish education and training on the detection and
clearance of landmines or furnish related technical assistance.'.
SEC. 313. NATIONAL DEFENSE FEATURES PROGRAM.
Section 2218 of title 10, United States Code, is amended--
(1) by redesignating subsection (k) as subsection (l);
(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 any agency, after making a determination of the
economic soundness of an offer to do so, may enter into a contract with the
offeror for the offeror to install and maintain defense features for national
defense purposes in one or more commercial vessels owned or controlled by the
offeror in accordance with the purpose for which funds in the National Defense
Sealift Fund are available under subsection (c)(1)(C).
`(2) The head of an agency may make advance payments to the contractor
under the contract in one lump sum, annual payments, or any combination
thereof for costs associated with the installation and maintenance of the
defense features on one or more commercial vessels, as follows:
`(A) The costs to build, procure, and install any defense feature in a
vessel.
`(B) The costs to maintain and test any defense feature on a vessel
periodically.
`(C) Any increased costs of operation or any loss of revenue
attributable to the installation or maintenance of any defense feature on a
vessel.
`(D) Any additional costs associated with the terms and conditions of
the contract.
`(3) For any contract under which the United States provides advance
payments for the costs associated with installation or maintenance of any
defense feature on a commercial vessel, the contractor shall provide to the
United States any security interest in the vessel, by way of a preferred
mortgage under section 31322 of title 46 or otherwise, that the head of the
agency prescribes in order adequately to 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 person in a position below the level of head of a procuring
activity.'; and
(3) by adding at the end of subsection (l), as redesignated by paragraph
(1), the following:
`(5) The term `head of an agency' has the meaning given the term in
section 2302(1) of this title.'.
Subtitle C--Environmental Provisions
SEC. 321. ENVIRONMENTAL TECHNOLOGY MANAGEMENT.
(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) ENVIRONMENTAL TECHNOLOGY MANAGEMENT- Chapter 139 of title 10, United
States Code, is amended by inserting after section 2358 the following new
section:
`Sec. 2358a. Research and development: environmental technology
`(a) MANAGEMENT OF RESEARCH AND DEVELOPMENT- The Secretary of Defense
shall provide in accordance with this section for the management of projects
engaged in under section 2358 of this title for the research, development, and
evaluation of environmental technologies for the Department of Defense and the
military departments.
`(b) RESPONSIBILITIES OF SECRETARY OF DEFENSE- The Secretary of Defense
shall--
`(1) establish guidelines for the development by the Department of
Defense and the military departments of an investment control process for
the selection, management, and evaluation of environmental technologies
within the Department of Defense;
`(2) develop a strategic plan for the development of environmental
technologies within the Department of Defense which shall specify goals and
objectives for the development of environmental technologies within the
Department and provide specific mechanisms for assuring the achievement of
such goals and objectives;
`(3) establish guidelines for use by the officials concerned in
preparing the annual performance plans and performance reports required by
this section;
`(4) determine the feasibility of permitting such officials to develop
quantifiable and measurable performance objectives for particular
environmental technology projects; and
`(5) if the Secretary determines that the development of performance
objectives for particular technology projects by the officials referred to
in that paragraph is not feasible, establish a schedule for meeting the
performance plan requirements set forth in subsection (c).
`(c) RESPONSIBILITIES WITHIN DEPARTMENT OF DEFENSE- (1) Each official
concerned shall--
`(A) develop and implement an investment control process for the
selection, management, and evaluation of environmental technologies by the
department or agencies; and
`(B) establish at the beginning of each fiscal year a performance plan
for the environmental technology program of the department or
agencies.
`(2) An investment control process under paragraph (1)(A) shall include,
for the department or agency concerned, mechanisms--
`(A) to ensure the identification of end-user requirements for
environmental technologies;
`(B) to prioritize such requirements within the context of funding
constraints and the overall environmental technology requirements of the
Department of Defense;
`(C) to avoid duplication and overlap in the research and development of
environmental technologies both within the Department of Defense and between
the Department of Defense and other public and private entities and
persons;
`(D) to provide for the conduct of performance-based reviews of
environmental technologies that take into account end-user evaluations of
such technologies and permit a measurement of return on investments in such
technologies;
`(E) to ensure that the environmental technology effort responds in an
appropriate manner to end-user requirements, program and funding priorities
and constraints, and the reviews conducted pursuant to subparagraph (D);
and
`(F) to ensure appropriate protection of United States interests in any
intellectual property rights associated with environmental technologies
developed by or with the assistance of the department or agencies
concerned.
`(3) A performance plan under paragraph (1)(B) for the environmental
technology program of a department or agency for a fiscal year shall--
`(A) unless the Secretary of Defense determines that it is not feasible
under subsection (b)(5), establish performance objectives for each
environmental technology project under the program for the fiscal year based
on end-user requirements and program priorities under the program, and
express such objectives in a quantifiable and measurable form;
`(B) provide a basis for comparing the actual results of each project at
the end of the fiscal year with the performance objectives for the project
for the fiscal year;
`(C) establish means to validate the achievement of performance
objectives for each project or to specify the extent to which such
validation is not possible;
`(D) establish performance indicators for purposes of measuring or
assessing relevant outputs and outcomes for each project for the fiscal
year; and
`(E) establish mechanisms for determining the operational processes,
skills and technology, human capital, information, or other resources
necessary to meet the performance objectives for each project for the fiscal
year.
`(d) ANNUAL REPORT- (1) Not later than March 31 each year, the Secretary
of Defense shall submit to Congress, at the same time as the Secretary submits
the report required by section 2706(b) of this title, a report on the
environmental technology program of the Department of Defense during the
preceding fiscal year.
`(2) Each report under paragraph (1) shall, with respect to each project
under the environmental technology program of the Department--
`(A) set forth the performance objectives established for the project
for the fiscal year under subsection (c)(3) and assess the performance
achieved with respect to the project in light of performance indicators for
the project;
`(B) describe 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, include--
`(i) an explanation for the failure of the project to meet the
performance objectives; and
`(I) a modified schedule for meeting the performance objectives;
or
`(II) in the case of any performance objective determined to be
impracticable or infeasible to meet, a statement of alternative actions
to be taken with respect to the project; and
`(D) set forth the level of effort, including the funds obligated and
expended, in the fiscal year for the achievement of each performance
objective for the project.
`(e) OFFICIAL CONCERNED DEFINED- In this section, the term `official
concerned' means the following:
`(1) The Deputy Under Secretary of Defense (Environmental Security),
with respect to the environmental technology program of the Defense
Agencies.
`(2) The Deputy Assistant Secretary of the Army for Environment, Safety,
and Occupational Health, with respect to the environmental technology
program of the Army or any environmental program technology for which the
Army is the executive agent.
`(3) The Deputy Assistant Secretary of the Navy (Environment and
Safety), with respect to the environmental technology program of the Navy or
any environmental technology program for which the Navy is the executive
agent.
`(4) The Deputy Assistant Secretary of the Air Force (Environment,
Safety, and Occupational Health), with respect to the environmental
technology program of the Air Force or any environmental technology program
for which the Air Force is the executive agent.'.
(c) CLERICAL AMENDMENT- The table of sections at the beginning of chapter
139 of such title is amended by inserting after the item relating to section
2358 the following new item:
`2358a. Research and development: environmental technology.'.
SEC. 322. ESTABLISHMENT OF ENVIRONMENTAL RESTORATION ACCOUNTS FOR
INSTALLATIONS CLOSED OR REALIGNED UNDER THE BASE CLOSURE LAWS AND FOR FORMERLY
USED DEFENSE SITES.
(a) ACCOUNT FOR FORMERLY USED DEFENSE SITES- Subsection (a) of section
2703 of title 10, United States Code, is amended by adding at the end the
following new paragraph:
`(5) An account to be known as the `Environmental Restoration Account,
Army, Formerly Used Defense Sites'.'.
(b) ACCOUNT FOR DEFENSE BASE CLOSURE AND REALIGNMENT- That subsection is
further amended by adding at the end the following new paragraph:
`(6) An account to be known as the `Environmental Restoration Account,
Defense Base Closure and Realignment'.'.
(c) USE OF FUNDS IN BASE CLOSURE AND REALIGNMENT ACCOUNT- (1) Subsection
(b) of that section is amended--
(A) by striking `Funds authorized' and inserting `(1) Except as provided
in paragraph (2), funds authorized'; and
(B) by adding at the end the following:
`(2)(A) Funds authorized for deposit in the Environmental Restoration
Account, Defense Base Closure and Realignment established under subsection
(a)(6) may be obligated and expended from the account only for carrying out
environmental restoration required as the result of the closure or realignment
of military installations pursuant to a base closure law. Such funds shall be
the exclusive source of funds for such environmental restoration.
`(B) For purposes of this paragraph, the term `base closure law' means the
following:
`(i) Section 2687 of this title.
`(ii) 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).
`(iii) Title II of the Defense Authorization Amendments and Base Closure
and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).'.
(2) 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 striking subsection (e).
(d) TRANSFER OF BRAC ENVIRONMENTAL RESTORATION FUNDS- The Secretary of
Defense shall transfer from the Department of Defense Base Closure Account
1990 established by section 2906(a) 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) to the Environmental Restoration Account, Defense Base Closure and
Realignment established by section 2703(a)(6) of title 10, United States Code
(as amended by subsection (b)), such portion of the unobligated balance in the
Department of Defense Base Closure Account 1990 as of October 1, 2000, as the
Secretary determines necessary to carry out environmental restoration in
accordance with section 2703(b)(2) of title 10, United States Code (as amended
by subsection (c)(1)).
(e) FUNDING OF ADMINISTRATIVE EXPENSES AND TECHNICAL ASSISTANCE- Section
2705(g) of title 10, United States Code, is amended to read as follows:
`(g) FUNDING- (1) Except as provided in paragraph (2), funds in the
accounts established by section 2703(a) of this title shall be available for
administrative expenses and technical assistance under this section.
`(2) Funds in the account established by section 2703(a)(6) of this title
shall be available for administrative expenses and technical assistance under
this section with respect to an installation approved for closure or
realignment under a base closure law only to the extent that the base closure
law under which the installation is being closed or realigned provides for the
funding of environmental restoration at the installation from an account
established for purposes of carrying out the closure or realignment of
installations.'.
(f) EFFECTIVE DATE- (1) Except as provided in paragraph (2), this section
and the amendments made by this section shall take effect on the date of the
enactment of this Act.
(2) The amendments made by subsections (b) and (c) shall take effect on
October 1, 2000.
SEC. 323. 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. 324. 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 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, including--
`(i) for each of the major activities under the program--
`(I) the amount expended, or proposed to be expended, in each fiscal
year of the period;
`(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; and
`(III) an assessment of the manner in which the scope of the
activities have changed over the course of the period; and
`(ii) a summary of the major achievements of the program and of any
major problems with the program.
`(B) A list of the planned or ongoing projects necessary to support the
environmental quality program of the Department of Defense, and of each of
the military departments, during the period described in subparagraph (A)
the cost of which has exceeded or is anticipated to exceed $1,500,000,
including--
`(i) a separate list 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--
`(I) the amount specified in the initial budget request for the
project;
`(II) the aggregate amount allocated to the project through the
fiscal year preceding the fiscal year in 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--
`(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, the amount, if any, specified for the project in the budget for
the fiscal year; and
`(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.
`(C) 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, setting forth--
`(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; and
`(iii) the amount of fines and penalties imposed or assessed during
each such fiscal year with respect to each military installation inside
and outside the United States.
`(D) A statement of the amounts expended, and anticipated to be
expended, during the period described in subparagraph (A) 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- That section is further amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
(c) DEFINITIONS- Subsection (d) of that section, as redesignated by
subsection (b)(2) of this section, is amended by adding at the end the
following:
`(4) The term `environmental quality program' means a program of
activities relating to environmental compliance, conservation, pollution
prevention, environmental technology, 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.
`(D) Activities relating to environmental technology.'.
SEC. 325. 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. 326. EXTENSION OF PILOT PROGRAM FOR SALE OF AIR POLLUTION EMISSION
REDUCTION INCENTIVES.
Section 351(a)(2) 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 `beginning on the date of the enactment of this Act and ending two
years after such date' and inserting `beginning on November 18, 1997, and
ending on September 30, 2001'.
SEC. 327. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY 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 that title.
(C) Amounts authorized to be appropriated by section 301 to the
Environmental Restoration Account, Navy, established by section 2703(a)(3)
of that title.
(D) Amounts authorized to be appropriated by section 301 to the
Environmental Restoration Account, Air Force, established by section
2703(a)(4) of that title.
(2) The portion of a payment under paragraph (1) that is derived from any
account referred to in that 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. 328. 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.).
(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.
Subtitle D--Other Matters
SEC. 341. EXTENSION OF WARRANTY CLAIMS RECOVERY PILOT PROGRAM.
Section 391(f) of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 104-85; 111 Stat. 1716; 10 U.S.C. 2304 note) is amended by
striking `September 30, 1999' and inserting `September 30, 2000'.
SEC. 342. 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:
`(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.'.
SEC. 343. IMPLEMENTATION OF JOINTLY APPROVED CHANGES IN DEFENSE RETAIL
SYSTEMS.
(a) RECOMMENDATIONS OF JOINT EXCHANGE DUE DILIGENCE STUDY- Subsection (c)
of section 367 of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1987; 10 U.S.C. 2482 note) is
amended by striking `may not be implemented unless implementation of the
recommendation' and inserting `may be implemented only if implementation of
the recommendation is approved by all of the Secretaries of the military
departments or'.
(b) CONFORMING AMENDMENT- Subsection (b) of such section is amended by
striking `The operation' and inserting `Except as provided in subsection (c),
the operation'.
SEC. 344. WAIVER OF REQUIRED CONDITION FOR SALES OF ARTICLES AND SERVICES OF
INDUSTRIAL FACILITIES TO PURCHASERS OUTSIDE THE DEPARTMENT OF DEFENSE
(a) SALES TO DEFENSE CONTRACTORS- Section 2208(j) of title 10, United
States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and
(B), respectively;
(2) by inserting `(1)' after `(j)'; and
(3) by adding at the end the following:
`(2) WAIVER AUTHORITY- The Secretary of Defense may waive the requirement
for 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.'.
(b) SALES TO PURCHASERS GENERALLY- Section 2553 of title 10, United States
Code, is amended--
(1) by redesignating subsections (d), (e), (f), and (g) as subsections
(e), (f), (g), and (h), respectively; and
(2) by inserting after subsection (c) the following new subsection
(d):
`(d) WAIVER AUTHORITY- The Secretary of Defense may waive the requirement
for the condition in subsections (a)(1) and (c)(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.'.
SEC. 345. ELIGIBILITY TO RECEIVE FINANCIAL ASSISTANCE AVAILABLE FOR LOCAL
EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF DEPARTMENT OF DEFENSE
PERSONNEL.
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. 346. USE OF SMART CARD TECHNOLOGY IN THE DEPARTMENT OF DEFENSE.
(a) LEADERSHIP, PLANNING, AND EXECUTION OF SMART CARD PROGRAM- (1) Not
later than October 1, 1999, the Secretary of Defense shall designate the
Department of the Navy to be the lead agency for the development and
implementation of a Smart Card program for the Department of Defense effective
as of the date of the designation.
(2) The Secretary of Defense shall direct the Secretary of the Army and
the Secretary of the Air Force to establish Smart Card project offices for the
Department of the Army and the Department of the Air Force, respectively, not
later than November 30, 1999. The designated offices shall coordinate closely
with the lead agency 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.
(3) Not later than November 30, 1999, the Secretary of Defense shall
establish a senior coordinating group chaired by a representative of the
Secretary of the Navy. The group shall include senior representatives from
each of the Armed Forces. The senior coordinating group shall develop and
implement Department-wide interoperability standards for use of Smart Card
technology and a plan to exploit Smart Card technology as a means for
enhancing readiness and improving business processes.
(4) The Secretary of the Army and the Secretary of the Air Force, in
coordination with the Secretary of the Navy, shall each develop and implement
a program to demonstrate the benefits of Smart Card technology in the Army and
the Air Force, respectively.
(b) 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 all non-deployed units in the region. The Secretary
of the Navy shall submit the business plan to the congressional defense
committees.
(c) FUNDING FOR INCREASED USE OF SMART CARDS- (1) Of the funds authorized
to be appropriated for the Navy for fiscal year 2000 under section 102(a)(4)
or 301(a)(2), the Secretary of the Navy--
(A) shall allocate sufficient amounts, up to $30,000,000, for ensuring
that significant progress is made toward complete implementation of the use
of Smart Card technology in the Department of the Navy; and
(B) 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.
(2) Of the funds authorized to be appropriated under section 301(a)(1), up
to $5,000,000 shall be available for Army demonstration programs under
subsection (a)(4). Of
the funds authorized to be appropriated under section 301(a)(4), up to
$5,000,000 shall be available for Air Force demonstration programs under
subsection (a)(4).
(d) REPORT- 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 containing a detailed discussion of the progress made
by the senior coordinating group in carrying out its duties under subsection
(a)(3).
(e) 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:
(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.
(f) REPEAL OF REQUIREMENT FOR AUTOMATED IDENTIFICATION TECHNOLOGY OFFICE-
Section 344(b) 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
repealed.
SEC. 347. STUDY ON USE OF SMART CARD AS PKI AUTHENTICATION DEVICE CARRIER
FOR THE DEPARTMENT OF DEFENSE.
(a) STUDY REQUIRED- The Secretary of Defense shall conduct a study to
determine the potential benefits of Department of Defense use of the Smart
Card for addressing the need of the Department of Defense for a Public-Private
Key Infrastructure (PKI) authentication device carrier.
(b) REPORT- Not later than January 31, 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 study. The report shall include
the Secretary's findings and any recommendations that the Secretary considers
appropriate regarding Department of Defense use of the Smart Card for
addressing the need identified in subsection (a).
(c) 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:
(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 `Public-Private Key Infrastructure (PKI) authentication
device carrier' means 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.
SEC. 348. REVISION OF AUTHORITY TO DONATE CERTAIN ARMY MATERIEL FOR FUNERAL
CEREMONIES.
(a) AUTHORITY- Section 4683 of title 10, United States Code, is
amended--
(1) in subsection (a)(1)--
(A) by striking `lend obsolete or condemned rifles (not more than 10)'
and inserting `conditionally lend or donate excess M1 rifles (not more
than 15)'; and
(B) by striking `any local unit of any national veterans' organization
recognized by the Department of Veterans Affairs, for use by that unit'
and inserting `a unit or other organization of honor guards recognized by
the Secretary of the Army as honor guards for a national cemetery, a law
enforcement agency, or a local unit of any organization that, as
determined by the Secretary of the Army, is a nationally recognized
veterans' organization, for use by that unit, organization, or agency';
and
(2) by adding at the end the following:
`(c) CONDITIONS ON DONATIONS- In lending or donating rifles under
subsection (a), the Secretary of the Army may impose any condition on the use
of the rifles that the Secretary considers appropriate.'.
(b) TECHNICAL AMENDMENTS- Such section is further amended--
(1) in subsection (a), by inserting `AUTHORITY- ' after `(a)'; and
(2) in subsection (b), by inserting `RELIEF FROM LIABILITY- ' after
`(b)'.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel as of
September 30, 2000, as follows:
(3) The Marine Corps, 172,240.
(4) The Air Force, 360,877.
SEC. 402. REVISION IN PERMANENT END STRENGTH LEVELS.
(a) REVISED END STRENGTH FLOORS- Subsection (b) of section 691 of title
10, United States Code, is amended--
(1) in paragraph (2), by striking out `372,696' and inserting in lieu
thereof `371,781';
(2) in paragraph (3), by striking out `172,200' and inserting in lieu
thereof `172,148'; and
(3) in paragraph (4), by striking out `370,802' and inserting in lieu
thereof `360,877'.
(b) EFFECTIVE DATE- The amendments made by this section shall take effect
on October 1, 1999.
SEC. 403. REDUCTION OF END STRENGTHS BELOW LEVELS FOR TWO MAJOR REGIONAL
CONTINGENCIES.
Section 691(d) of title 10, United States Code, is amended by striking
`unless' and all that follows and inserting `unless the Secretary of Defense
first submits to Congress a written notification of the proposed lower end
strength together with the justification for the lower end strength. The
Secretary may submit the notification and justification with the budget for
the department for the fiscal year.'.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) IN GENERAL- The Armed Forces are authorized strengths for Selected
Reserve personnel of the reserve components as of September 30, 2000, as
follows:
(1) The Army National Guard of the United States, 350,623.
(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, 106,744.
(6) The Air Force Reserve, 73,764.
(7) The Coast Guard Reserve, 8,000.
(b) ADJUSTMENTS- The end strengths prescribed by subsection (a) for the
Selected Reserve of any reserve component shall be proportionately reduced
by--
(1) the total authorized strength of units organized to serve as units
of the Selected Reserve of such component which are on active duty (other
than for training) at the end of the fiscal year; and
(2) the total number of individual members not in units organized to
serve as units of the Selected Reserve of such component who are on active
duty (other than for training or for unsatisfactory participation in
training) without their consent at the end of the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such fiscal year
for the Selected Reserve of such reserve component shall be proportionately
increased by the total authorized strengths of such units and by the total
number of such individual members.
(c) PERMANENT WAIVER AUTHORITY- Section 115(c) of title 10, United States
Code, is amended--
(1) by striking the `and' at the end of paragraph (1);
(2) by striking the period at the end of the paragraph (2) and inserting
`; and'; and
(3) by adding at the end the following:
`(3) increase the end strength authorized pursuant to subsection (a)(2)
for a fiscal year for the Selected Reserve of a reserve component of any of
the armed forces by a number equal to not more than 2 percent of that end
strength.'.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30, 2000, the
following number of Reserves to be serving on full-time active duty or
full-time duty, in the case of members of the National Guard, for the purpose
of organizing, administering, recruiting, instructing, or training the reserve
components:
(1) The Army National Guard of the United States, 22,430.
(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 STRENGTHS FOR MILITARY TECHNICIANS.
(a) DUAL STATUS TECHNICIANS- The minimum number of military technicians
(dual status) as of September 30, 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, 5,179.
(2) For the Army National Guard of the United States, 22,396.
(3) For the Air Force Reserve, 9,785.
(4) For the Air National Guard of the United States, 22,247.
(b) NON-DUAL STATUS TECHNICIANS- The reserve components of the Army and
Air Force are (notwithstanding section 129 of title 10, United States Code)
authorized strengths for military technicians (non-dual status) as of
September 30, 2000, as follows:
(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, 342.
(4) For the Air National Guard of the United States, 342.
SEC. 414. INCREASE IN NUMBERS OF MEMBERS IN CERTAIN GRADES AUTHORIZED TO BE
ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
(a) OFFICERS- The table in section 12011(a) of title 10, United States
Code, is amended to read as follows:
--------------------------------------------------------------------
`Grade Army Navy Air Force Marine 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 title 10,
United States Code, is amended to read as follows:
-----------------------------------------
`Grade Army Navy Air Force Marine Corps
-----------------------------------------
E-9 645 202 405 20
E-8 2,593 429 1,041 94'.
-----------------------------------------
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 $71,693,093,000. The
authorization in the preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for fiscal year
2000.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. 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'.
SEC. 502. ADDITIONAL THREE-STAR OFFICER POSITIONS FOR SUPERINTENDENTS OF
SERVICE ACADEMIES.
(a) EXCLUSION OF SUPERINTENDENTS FROM GRADE LIMITATION- Section 525(b) of
title 10, United States Code, is amended by adding at the end the
following:
`(7) An officer while serving 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, if serving
in the grade of lieutenant general or vice admiral, is in addition to the
number that would otherwise be permitted for that officer's armed force for
that grade under subsection (a) or paragraph (1) or (2) of this
subsection.'.
(b) RETIREMENT OF SUPERINTENDENTS- (1)(A) Chapter 367 of title 10, United
States Code, is amended by inserting after section 3920 the following:
`Sec. 3921. Mandatory retirement: Superintendent of the United States
Military Academy
`Upon the termination of a 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
the officer is eligible to retire.'.
(B) Chapter 403 of such title is amended by inserting after section 4333
the following:
`Sec. 4333a. Superintendent: condition for detail to position
`To be eligible for detail to the position of Superintendent of the
Academy, an officer shall enter into an agreement with the Secretary of the
Army to accept retirement upon termination of the detail.'.
(2)(A) Chapter 573 of such title is amended by inserting after the table
of sections at the beginning of the chapter the following:
`Sec. 6371. Mandatory retirement: Superintendent of the United States Naval
Academy
`Upon the termination of a 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:
`Sec. 6951a. Superintendent
`(a) There is a Superintendent of the United States Naval Academy. The
immediate governance of the Naval Academy is under the Superintendent.
`(b) The Superintendent shall be detailed to the position by the
President. To be eligible for detail to the position, an officer shall enter
into an agreement with the Secretary of the Navy to accept retirement upon
termination of the detail.'.
(3)(A) Chapter 867 of such title is amended by inserting after section
8920 the following:
`Sec. 8921. Mandatory retirement: Superintendent of the United States Air
Force Academy
`Upon the termination of a 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:
`Sec. 9333a. Superintendent: condition for detail to position
`To be eligible for detail to the position of Superintendent of the
Academy, an officer shall enter into an agreement with the Secretary of the
Air Force to accept retirement upon termination of the detail.'.
(c) CLERICAL AMENDMENTS- (1)(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:
`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:
`4333a. Superintendent: condition for detail to position.'.
(2)(A) 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:
`6371. Mandatory retirement: Superintendent of the United States Naval
Academy.'.
(B) 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:
`6951a. Superintendent.'.
(3)(A) 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:
`8921. Mandatory retirement: Superintendent of the United States Air
Force Academy.'.
(B) 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:
`9333a. Superintendent: condition for detail to position.'.
(d) SAVINGS PROVISION- The amendments made by this section 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 the officer continues on and after that date to serve
in the position without a break in the service in the position.
SEC. 503. INCREASE IN MAXIMUM NUMBER OF OFFICERS AUTHORIZED TO BE ON
ACTIVE-DUTY LIST IN FROCKED GRADE OF BRIGADIER GENERAL OR REAR ADMIRAL.
Section 777(d)(1) of title 10, United States Code, is amended by striking
`the following:' and all that follows and inserting `55.'.
SEC. 504. 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 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
boards convened under section 611(a) of title 10, United States Code, on or
after that date.
SEC. 505. MINIMUM GRADE OF OFFICERS ELIGIBLE TO SERVE ON BOARDS OF
INQUIRY.
(a) RETENTION BOARDS FOR REGULAR OFFICERS- Section 1187 of title 10,
United States Code, is amended to read as follows:
`(a) ACTIVE DUTY OFFICERS- Each officer who serves on a board convened
under this chapter shall--
`(1) be an officer of the same armed force as the officer being required
to show cause for retention on active duty;
`(2) be serving on active duty in a grade that--
`(A) in the case of the President of the board, is above lieutenant
colonel or commander; or
`(B) in the case of any other member of the board, is above major or
lieutenant commander; and
`(3) be senior in grade and rank to any officer considered by that
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 retired officers of the same armed force
whose retired grade--
`(A) in the case of the President of the board, above lieutenant
colonel or commander; or
`(B) in the case of any other member of the board, above major or
lieutenant commander; and
`(2) is senior to the grade of any officer considered by the
board.
`(c) INELIGIBILITY BY REASON OF PREVIOUS CONSIDERATION OF CASE- 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, 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) ACTIVE STATUS OFFICERS- Each officer who serves on a board convened
under this chapter shall--
`(1) be an officer of the same armed force as the officer being required
to show cause for retention in an active status;
`(A) in the case of the President of the board, is above lieutenant
colonel or commander; or
`(B) in the case of any other member of the board, is above major or
lieutenant commander; and
`(3) be senior in grade and rank to any officer considered by that
board.'.
SEC. 506. 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. 507. 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. 508. 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):
`(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.'.
Subtitle B--Reserve Component Matters
SEC. 511. ADDITIONAL EXCEPTIONS FOR RESERVE COMPONENT GENERAL AND FLAG
OFFICERS FROM LIMITATION ON AUTHORIZED STRENGTH OF GENERAL AND FLAG OFFICERS ON
ACTIVE DUTY.
Section 526(d) of title 10, United States Code, is amended to read as
follows:
`(d) EXCLUSION OF CERTAIN RESERVE COMPONENT OFFICERS- (1) The limitations
of this section do not apply to the following reserve component general or
flag officers:
`(A) An officer on active duty for training.
`(B) An officer on active duty under a call or order specifying a period
of less than 180 days.
`(2) Up to 25 reserve component general and flag officers serving on
active duty at any one time under calls or orders specifying periods of 180
days or more may be excluded from the limitations of this section. Officers
excluded under the preceding sentence are in addition to any other reserve
component general or flag officers on active duty under calls or orders
specifying periods of 180 days or more who are excluded from the limitations
of this section under authority other than this paragraph.'.
SEC. 512. 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
such 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:
`(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) if no reserve component unit, any 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 Secretary of a military
department, the Joint Chiefs of Staff, or the commander of a unified
combatant command regarding reserve component matters.'.
(b) TECHNICAL AND CONFORMING AMENDMENTS- Section 12310 of title 10, United
States Code, is amended--
(1) in subsection (a), by inserting `GRADE- ' 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- ' after `(d)'.
(c) REVIEW OF 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 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) Not later than March 1, 2000, the Secretary shall submit a report on
the results of the review to the Committees on Armed Services of the Senate
and the House of Representatives. The report shall address, at a minimum, the
following issues:
(1) Whether the Reserves on active duty in support of the reserve should
be considered as a separate category of Reserves on active duty.
(2) Whether those Reserves should be counted within the active component
end strengths and funded by the appropriations for active component military
personnel.
SEC. 513. 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. 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 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 DATE- The amendments made by subsection (a) shall take
effect on the date of the enactment of this Act and shall apply with respect
to removals of reserve officers from reserve active-status lists under section
14506 of title 10, United States Code, on or after that date.
SEC. 515. CONTINUATION OF OFFICER ON RESERVE ACTIVE-STATUS LIST FOR
DISCIPLINARY ACTION.
(a) AUTHORITY- Chapter 1407 of title 10, United States Code, is amended by
adding at the end the following new section:
`Sec. 14518. Continuation on reserve active-status list to complete
disciplinary action
`When any action has been commenced against an officer on a reserve
active-status list with a view to trying the officer by court-martial, the
Secretary concerned may delay the separation or retirement of the officer
under the provisions of this chapter until the completion of the action.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by adding at the end:
`14518. Continuation on reserve active-status list to complete
disciplinary action.'.
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. 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. 518. 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:
`(h) OFFICERS ON EDUCATIONAL DELAY- An officer on a reserve active-status
list is ineligible for consideration for promotion, but shall remain on the
reserve active-status list, while the officer is--
`(1) pursuing a program of graduate level education in an educational
delay status approved by the Secretary concerned; and
`(2) receiving from the Secretary financial assistance in connection
with the pursuit of the program in that status.'.
(b) RETROACTIVE EFFECT- (1) Subsection (h) of section 14301 of title 10,
United States Code (as added by subsection (a)), shall take effect on the date
of the enactment of this Act and shall apply with respect to boards convened
under section 14101(a) of such title before, on, or after that date.
(2) The Secretary of the military department concerned, upon receipt of
request 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 the board by reason of section
14301(h) of title 10, United States Code.
SEC. 519. EXCLUSION OF PERIOD OF PURSUIT OF PROFESSIONAL EDUCATION FROM
COMPUTATION OF YEARS OF SERVICE FOR RESERVE OFFICERS.
(a) EXCLUSION- The text of section 14706 of title 10, United States Code,
is amended to read as follows:
`(a) IN GENERAL- 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 any uniformed service other than the
following:
`(1) Service as a warrant officer.
`(2) Constructive service.
`(3) Except as provided in subsection (b), service as a commissioned
officer of a reserve component while pursuing a program of advanced
education leading to the first professional degree required for appointment,
designation, or assignment as an officer in the Medical Corps, the Dental
Corps, the Veterinary Corps, the Medical Service Corps, the Nurse Corps, the
Army Medical Specialists Corps, or as a chaplain or judge advocate if the
service--
`(A) follows appointment as a commissioned officer of a reserve
component; and
`(B) precedes the officer's initial service on active duty or initial
service in the Ready Reserve in the professional specialty for which the
degree if required.
`(b) PRIOR SERVICE PROFESSIONAL PERSONNEL- The exclusion in subsection
(a)(3) does not apply to service described in that subsection that is
performed by an officer who, prior to the described service--
`(1) served on active duty; or
`(2) participated as a member of the Ready Reserve other than in a
student status.'.
(b) EFFECTIVE 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
service as a commissioned officer on or after that date.
SEC. 520. CORRECTION OF REFERENCE RELATING TO CREDITING OF SATISFACTORY
SERVICE BY RESERVE OFFICERS IN HIGHEST GRADE HELD.
Section 1370(d)(1) of title 10, United States Code, is amended by striking
`chapter 1225' and inserting `chapter 1223'.
SEC. 521. 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:
`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 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 not on active duty, or on active duty under section 10211
of title 10, 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 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:
`53. Office of the Coast Guard Reserve; Director.'.
Subtitle C--Military Education and Training
SEC. 531. AUTHORITY TO EXCEED TEMPORARILY A STRENGTH LIMITATION FOR THE
SERVICE ACADEMIES.
Section 511(a) of the National Defense Authorization Act for Fiscal Years
1992 and 1993 (Public Law 102-190; 105 Stat. 1359; 10 U.S.C. 4342 note) is
amended--
(1) by inserting `(1)' after `(a) REDUCTION IN AUTHORIZED STRENGTHS- ';
and
(2) by adding at the end the following:
`(2) The Secretary of the military department concerned may authorize the
strength for an academy for any class year to exceed the strength limitation
set forth in paragraph (1) by not more than 5 percent. Before granting that
authority, the Secretary shall submit to the Committees on Armed Services of
the Senate and House of Representatives a written notification of the
determination to authorize the excessive strength for that year. The
notification shall include a discussion of the justification for exceeding the
strength limitation and the actions that the Secretary plans to take to reduce
the strength to a level within the strength limitation.'.
SEC. 532. REPEAL OF LIMITATION ON AMOUNT OF REIMBURSEMENT AUTHORIZED TO BE
WAIVED FOR FOREIGN STUDENTS AT THE SERVICE ACADEMIES.
(a) REPEAL- Sections 4344(b)(3), 6957(b)(3), and 9344(b)(3) of title 10,
United States Code, are repealed.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall take
effect on the date of the enactment of this Act and shall apply with respect
to the academic year that includes that date and academic years that begin
after that date.
SEC. 533. 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
(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'.
SEC. 534. 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. 535. AUTHORITY FOR AWARD OF MASTER OF STRATEGIC STUDIES DEGREE BY THE
UNITED STATES ARMY WAR COLLEGE.
(a) AUTHORITY FOR DEGREE- Chapter 401 of title 10, United States Code, is
amended by adding at the end the following:
`Sec. 4321. United States Army War College: master of strategic studies
degree
`Under regulations prescribed by the Secretary of the Army, the Commandant
of the United States Army War College, upon the recommendation of the faculty
and Dean of the College, may confer the degree of master of strategic studies
upon graduates of the college who have fulfilled the requirements for the
degree.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by adding at the end the following:
`4321. United States Army War College: master of strategic studies
degree.'.
SEC. 536. MINIMUM EDUCATIONAL REQUIREMENTS FOR FACULTY OF THE COMMUNITY
COLLEGE OF THE AIR FORCE.
Section 9315 of title 10, United States Code, is amended by adding at the
end the following new subsection:
`(d) EDUCATIONAL QUALIFICATIONS OF FACULTY- Notwithstanding section 3308
of title 5 or any other provision of law, the commander of the Air Education
and Training Command may prescribe the minimum educational qualifications
required for the professors and instructors of the college. The required
qualifications shall equal or exceed the qualifications necessary to satisfy
accreditation standards applicable to the college.'.
SEC. 537. CONFERRAL OF GRADUATE-LEVEL DEGREES BY AIR UNIVERSITY.
(a) AUTHORITY- Section 9317(a) of title 10, United States Code, is amended
to read as follows:
`(a) AUTHORITY- Upon the recommendation of the faculty of a school of the
Air University, the Commander of the Air University may confer a degree upon
graduates of that school who fulfill the requirements for the degree, as
follows:
`(1) The degree of master of strategic studies, for the Air War
College.
`(2) The degree of master of military operational art and science, for
the Air Command and Staff College.
`(3) The degree of master of airpower art and science, for the School of
Advanced Airpower Studies.'.
(b) CLERICAL AMENDMENTS- (1) The heading of that section is amended to
read as follows:
`Sec. 9317. Air University: graduate-level degrees'.
(2) The item relating to such section in the table of sections at the
beginning of chapter 901 of title 10, United States Code, is amended to read
as follows:
`9317. Air University: graduate-level degrees.'.
SEC. 538. PAYMENT OF TUITION FOR EDUCATION AND TRAINING OF MEMBERS IN THE
DEFENSE ACQUISITION WORKFORCE.
Section 1745(a) 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.'.
SEC. 539. 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:
`CHAPTER 1610--OTHER EDUCATIONAL ASSISTANCE PROGRAMS
`Sec.
`16401. Marine Corps Platoon Leaders Class Program: officer candidates
pursuing degrees.
`Sec. 16401. Marine Corps Platoon Leader's Class Program: officer candidates
pursuing degrees
`(a) AUTHORITY- 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 receipt of financial assistance
under this section, an enlisted member of the Marine Corps Reserve shall--
`(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 the program;
`(B) satisfy the applicable age requirement of 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;
`(D) enter into a written agreement with the Secretary--
`(i) to accept an appointment as a commissioned officer in the Marine
Corps, if tendered by the President;
`(ii) to serve on active duty for at least five years; and
`(iii) 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.
`(2)(A) To meet the age requirements of this paragraph, a member pursuing
a baccalaureate degree may not be over 26 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 any such member who has served on active
duty in the armed forces may, on such date, be any age under 30 years that
exceeds 26 years by a number of months that is not more than the number of
months that the member served on active duty.
`(B) To meet the age requirements of this paragraph, a member pursuing a
doctor of jurisprudence or bachelor of laws degree may not be over 30 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 any such member
who has served on active duty in the armed forces may, on such date, be any
age under 35 years that exceeds 30 years by a number of months that is not
more than the number of months that the member served on active duty.
`(c) COVERED EXPENSES- Expenses for which financial assistance may be
provided under this section are
tuition and fees charged by the institution of higher education involved, the
cost of books, and, 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- A member in receipt of 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--
`(1) completes the military and academic requirements of the Marine
Corps Platoon Leaders Class Program and refuses to accept a commission when
offered;
`(2) fails to complete the military or academic requirements of the
Marine Corps Platoon Leaders Class Program; or
`(3) 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.
`(g) INSTITUTION OF HIGHER EDUCATION DEFINED- In this section, the term
`institution of higher education' has the meaning 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 at the
end the following:
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:
`(f) Notwithstanding subsection (a), the years of service of a
commissioned officer appointed under section 12209 of title 10 after receiving
financial assistance under section 16401 of such title may not include a
period of service after the date of the establishment of the program of
financial assistance by the Secretary that the officer performed concurrently
as a member of the Marine Corps Platoon Leaders Class Program and the Marine
Corps Reserve, except for any period of service that the officer performed
(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.'.
(d) TRANSITION PROVISION- (1) An enlisted member of the Marine Corps
Reserve selected for training as an officer candidate under section 12209 of
title 10, United States Code, before implementation of a financial assistance
program under section 12216 of such title (as added by subsection (a)) may,
upon application, participate in the financial assistance program established
under section 12216 of such title (as added by subsection (a)) if the
member--
(A) is eligible for financial assistance under such section 12216;
(B) submits a request for the financial assistance to the Secretary of
the Navy not later than 180 days after the date on which the Secretary
establishes the financial assistance program; and
(C) enters in a written agreement described in subsection (b)(4) of such
section 12216.
(2) Section 205(f) of title 37, United States Code, as added by subsection
(c), applies to a member referred to in paragraph (1).
Subtitle D--Decorations, Awards, and Commendations
SEC. 551. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN DECORATIONS TO
CERTAIN PERSON.
(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 award of the decoration as described in
subsection (b), the award of such decoration having been determined by the
Secretary of Transportation to be warranted in accordance with section 1130 of
title 10, United States Code.
(b) COAST 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 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.
Subtitle E--Amendments to Uniform Code of Military Justice
SEC. 561. INCREASE IN SENTENCING JURISDICTION OF SPECIAL COURTS-MARTIAL
AUTHORIZED TO ADJUDGE A BAD CONDUCT DISCHARGE.
(a) INCREASE IN JURISDICTION- 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 DATE- The amendments made by subsection (a) shall take
effect on the first day of the sixth month following the month in which this
Act is enacted, and shall apply with respect to charges referred to trial by
special courts-martial on or after that effective date.
SEC. 562. REDUCED MINIMUM BLOOD AND BREATH ALCOHOL LEVELS FOR OFFENSE OF
DRUNKEN OPERATION OR CONTROL OF A VEHICLE, AIRCRAFT, OR VESSEL.
(a) STANDARD- Section 911(2) of title 10, United States Code (article
111(2) of the Uniform Code of Military Justice), is amended by striking `0.10
grams' both places it appears and inserting `0.08 grams'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect
on the date of enactment of this Act and shall apply with respect to acts
committed on or after that date.
Subtitle F--Other Matters
SEC. 571. FUNERAL HONORS DETAILS AT FUNERALS OF VETERANS.
(a) RESPONSIBILITY OF SECRETARY OF DEFENSE- Subsection (a) of section 1491
of title 10, United States Code, is amended to read as follows:
`(a) RESPONSIBILITY- The Secretary of Defense shall ensure that, upon
request, a funeral honors detail is provided for the funeral of any veteran
that occurs after December 31, 1999.'.
(b) ELIGIBILITY FOR HONORS- Subsection (f) of such section is amended to
read as follows:
`(h) VETERAN DEFINED- In this section, the term `veteran' means the
following:
`(1) A decedent who was a veteran, as defined in section 101(2) of title
38.
`(2) A decedent who, by reason of having been a member of the Selected
Reserve, is eligible for a flag to drape the casket under section 2301(f) of
title 38.'.
(c) COMPOSITION OF FUNERAL HONORS DETAILS- (1) Subsection (b) of such
section is amended--
(A) by striking `HONOR GUARD DETAILS- ' and inserting `FUNERAL HONORS
DETAILS- (1)' ;
(B) by striking `honor guard detail' and inserting `funeral honors
detail'; and
(C) by striking `not less than three persons' and all that follows and
inserting the following: `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 the veteran's funeral shall be members of the armed forces. At least one
of those members 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 appropriate uniform
of the member's armed force while serving in the detail.'.
(d) CEREMONY, SUPPORT, AND WAIVER- Such section is further amended--
(1) by redesignating subsections (d) and (e) as subsections (f) and (g),
respectively; and
(2) by inserting after subsection (b) the following:
`(c) CEREMONY- A funeral honors detail shall, at a minimum, perform at the
funeral a ceremony that includes the folding and presentation of the flag of
the United States to the veteran's family and the playing of Taps. Unless a
bugler is a member of the detail, the 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 under this
section 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.
`(2) Before or promptly after granting a waiver under paragraph (1), the
Secretary shall transmit a notification of the waiver to the Committees on
Armed Services of the Senate and House of Representatives.'.
(e) REGULATIONS- The text of subsection (f) of such section, as
redesignated by subsection (d)(1), is amended to read as follows:
`The Secretary of Defense shall prescribe regulations to carry out this
section. The 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.'.
(f) ACCEPTANCE OF VOLUNTARY SERVICES- Section 1588(a) of title 10, United
States Code, is amended by adding at the end the following:
`(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) Chapter 1 of
title 32, United States Code, is amended--
(i) by striking `honor guard functions' both places that it appears
and inserting `funeral honors functions'; and
(ii) 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'; and
(B) by adding at the end the following:
`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 paid reimbursement for travel and transportation
expenses incurred in conjunction with such duty as authorized under chapter 7
of title 37 if such duty is performed at a location 100 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.'.
(2) Chapter 1213 of title 10, United States Code, is amended by adding at
the end the following:
`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 paid reimbursement for travel and transportation
expenses incurred in conjunction with such duty as authorized under chapter 7
of title 37 if such duty is performed at a location 100 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 such members is
provided for in section 115 of title 32.'.
(3) Section 12552 of title 10, United States Code, is amended--
(A) by striking `honor guard functions' 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 12503 of this title'.
(h) CREDITING OF ONE POINT FOR RESERVE SERVING ON DETAIL- Section
12732(a)(2) of such title is amended--
(1) by inserting after subparagraph (D) the following:
`(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
(2) by striking `, and (D)' in the second sentence and inserting `, (D),
and (E)'.
(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:
`(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:
`(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:
`(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) Section 1206(2) 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--
`(i) performing active duty or inactive-duty training;
`(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
`(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:
`(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 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:
`Sec. 435. Allowance for funeral honors duty
`(a) AUTHORITY- The Secretary concerned may authorize payment of an
allowance to a member of the Ready Reserve for each 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 paid 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 serving, and shall
constitute payment in full to the member.'.
(k) CLERICAL AMENDMENTS- (1)(A) The heading for section 1491 of title 10,
United States Code, is amended to read as follows:
`Sec. 1491. Funeral honors functions at funerals for veterans'.
(B) The heading for section 12552 of title 10, United States Code, is
amended to read as follows:
`Sec. 12552. 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 title 10,
United States Code, is amended by adding at the end the following:
`12503. Ready Reserve: funeral honors duty.'.
(C) The item relating to section 12552 table of sections at the beginning
of chapter 1215 of title 10, United States Code, 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 title 32,
United States Code, is amended by striking the item relating to section 114
and inserting the following:
`114. Funeral honors functions at funerals for veterans.
`115. Funeral honors duty performed as a Federal function.'.
(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:
`435. Allowance for funeral honors duty.'.
SEC. 572. INCREASED AUTHORITY TO EXTEND DELAYED ENTRY PERIOD FOR ENLISTMENTS
OF PERSONS WITH NO PRIOR MILITARY SERVICE.
(a) MAXIMUM PERIOD OF EXTENSION- Section 513(b)(1) of title 10, United
States Code, is amended by striking `180 days' in the second sentence and
inserting `365 days'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect
on October 1, 1999, and shall apply with respect to enlistments entered into
on or after that date.
SEC. 573. ARMY COLLEGE FIRST PILOT PROGRAM.
(a) PROGRAM REQUIRED- The Secretary of the Army shall establish a pilot
program to assess whether
the Army could increase the number of, and the level of the qualifications
of, persons accessed into the Army 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 such section, a delay of the enlistment of that 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 the
enlistment as a Reserve; 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 and
allowances 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.
(g) REPORT- Not later than February 1, 2004, the Secretary shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the pilot program. The report shall include the
following:
(1) The assessment of the Secretary regarding the value of the authority
under this section for achieving the objectives of increasing the number of,
and the level of the qualifications of, persons accessed into the
Army.
(2) Any recommendation for legislation or other actions that the
Secretary considers appropriate to achieve such objectives through grants of
entry delays and financial benefits for advanced education and training of
recruits.
SEC. 574. REDUCTION IN REQUIRED FREQUENCY OF REPORTING ON THE SELECTED
RESERVE EDUCATIONAL ASSISTANCE PROGRAM UNDER THE MONTGOMERY GI BILL.
The text of section 16137 of title 10, United States Code, is amended to
read as follows:
`The Secretary of Defense shall submit to Congress a report not later than
March 1 of every other year concerning the operation of the educational
assistance program established by this chapter. The report shall cover the two
fiscal years preceding the fiscal year in which the report is submitted and
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 the period covered by the
report. The Secretary may submit the report more frequently and adjust the
period covered by the report accordingly.'.
SEC. 575. 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:
`(E) An entity that, operating in a foreign nation where United States
personnel are serving at United States military activities, promotes
understanding and tolerance between the United States personnel (and their
families) and the people of that host foreign nation through programs that
foster social relations between those persons.'.
SEC. 576. 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.
1471
1475
`SUBCHAPTER I--DEATH INVESTIGATIONS
`Sec.
`1471. Forensic pathology investigations.
`Sec. 1471. Forensic pathology investigations
`(a) AUTHORITY- Under regulations prescribed by the Secretary of Defense,
the Armed Forces Medical Examiner may conduct a forensic pathology
investigation to determine the cause or manner of death of a deceased person
under circumstances described in subsection (b). The investigation may include
an autopsy of the decedent's remains.
`(b) BASIS FOR INVESTIGATION- A forensic pathology investigation of a
death under this section is justified if--
`(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; and
`(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 a former member 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 under paragraph (1) of subsection (b) shall be made by the Armed
Forces Medical Examiner.
`(2) A commander may make the determination under paragraph (1) 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 (2)(A)(i)
of that subsection, the commander is the commander of the installation where
the decedent was found dead or died; or
`(B) in a case involving circumstances described in paragraph (2)(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 sovereing if the
investigation by the other sovereing 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 subtitle A of such title and at the beginning of part II of such
subtitle is amended to read as follows
1471'.
(3) The table of sections at the beginning chapter 445 of such title is
amended by striking the item relating to section 4711.
(4) The table of sections at the beginning chapter 945 of such title is
amended by striking the item relating to section 9711.
SEC. 577. NONDISCLOSURE OF INFORMATION ON MISSING PERSONS RETURNED TO UNITED
STATES CONTROL.
Section 1506 of title 10, United States Code, is amended by adding at the
end the following:
`(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 July 8, 1959, and ending 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.'.
SEC. 578. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS PURPOSES.
(a) AUTHORITY- Subchapter I of chapter 134 of title 10, United States
Code, is amended by adding at the end the following:
`Sec. 2249c. Use of recruiting materials for public relations
`Advertising materials developed for use for recruitment and retention of
personnel for the armed forces may be used for public relations purposes of
the Department of Defense 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:
`2249c. Use of recruiting materials for public relations.'.
SEC. 579. IMPROVEMENT AND TRANSFER OF JURISDICTION OF TROOPS-TO-TEACHERS
PROGRAM.
(a) RECODIFICATION, IMPROVEMENT, AND TRANSFER OF PROGRAM- (1) Section 1151
of title 10, United States Code, is amended to read as follows:
`Sec. 1151. Assistance to certain separated or retired members to obtain
certification and employment as teachers
`(a) PROGRAM AUTHORIZED- The administering Secretary may carry out a
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 AND STATES- (1)(A) In
carrying out the program, the administering Secretary shall periodically
identify local educational agencies that--
`(i) 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
`(ii) are experiencing a shortage of qualified teachers, in particular a
shortage of science, mathematics, special education, or vocational or
technical teachers.
`(B) The administering Secretary may identify local educational agencies
under subparagraph (A) through surveys conducted for that purpose or by
utilizing information on local educational agencies that is available to the
Secretary of Education from other sources.
`(2) In carrying out the 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.
`(c) ELIGIBLE MEMBERS- (1) Subject to paragraph (2), the following members
shall be eligible for selection to participate in the program:
`(i) 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
`(ii) satisfies such other criteria for eligibility as the
administering Secretary may prescribe.
`(i) who, on or after October 1, 1999--
`(I) is retired for length of service with at least 20 years of
active service computed under section 3925, 3926, 8925, or 8926 of this
title or for purposes of chapter 571 of this title; or
`(II) is retired under section 1201 or 1204 of this
title;
`(I) in the case of a member applying for assistance for placement
as an elementary or secondary school teacher, has received a
baccalaureate or advanced degree from an accredited institution of
higher education; or
`(II) in the case of a member applying for assistance for placement
as a vocational or technical teacher--
`(aa) has received the equivalent of one year of college from an
accredited institution of higher education and has 10 or more years of
military experience in a vocational or technical field;
or
`(bb) otherwise meets the certification or licensure requirements
for a vocational or technical teacher in the State in which such
member seeks assistance for placement under the program;
and
`(iii) who satisfies any criteria prescribed under subparagraph
(A)(ii).
`(2) A member described in paragraph (1) shall be eligible to participate
in the program only if the member's last period of service in the armed forces
was characterized as honorable by the Secretary concerned.
`(d) INFORMATION REGARDING PROGRAM- (1) The administering Secretary shall
provide information regarding the program, and make applications for the
program available, to members as part of preseparation counseling provided
under section 1142 of this title.
`(2) The information provided to members shall--
`(A) indicate the local educational agencies identified under subsection
(b)(1); and
`(B) identify those States surveyed under subsection (b)(2) 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.
`(e) SELECTION OF PARTICIPANTS- (1)(A) Selection of members to participate
in the 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 that Secretary may require.
`(B) An application shall be considered to be submitted on a timely basis
if the application is submitted as follows:
`(i) In the case of an applicant who is eligible under subsection
(c)(1)(A), not later than September 30, 2003.
`(ii) In the case of an applicant who is eligible under subsection
(c)(1)(B), not later than four years
after the date of the retirement of the applicant from active duty.
`(2) In selecting participants 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--
`(A) 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
`(B) have educational or military experience in another subject area
identified by that 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.
`(3) The administering Secretary may not select a member to participate in
the program unless that 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 subsection (g) with respect to that
member.
`(f) AGREEMENT- A member selected to participate in the 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 that 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
subparagraph (A) or (B) of subsection (b)(1), to begin the school year after
obtaining that certification or licensure.
`(g) STIPEND AND BONUS FOR PARTICIPANTS- (1)(A) Subject to subparagraph
(B), the administering Secretary shall pay to each participant in the program
a stipend in an amount equal to $5,000.
`(B) The total number of stipends that may be paid under this paragraph in
any fiscal year may not exceed 3,000.
`(2)(A) Subject to subparagraph (B), the administering Secretary may, in
lieu of paying a stipend under paragraph (1), pay a bonus of $10,000 to each
participant in the program who agrees under subsection (f) 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.
`(B) The total number of bonuses that may be paid under this paragraph in
any fiscal year may not exceed 1,000.
`(C) In this paragraph, the term `high need school' means an elementary
school or secondary school that meets one or more of the following
criteria:
`(i) A drop out rate that exceeds the national average school drop out
rate.
`(ii) 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.
`(iii) 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.
`(iv) A population of students at least one-half of which 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.
`(v) 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.).
`(vi) Any other criteria established by the administering Secretary in
consultation with the National Assessment Governing Board.
`(3) Stipends and bonuses paid under this subsection 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.).
`(h) REIMBURSEMENT UNDER CERTAIN CIRCUMSTANCES- (1) If a participant in
the program fails to obtain teacher certification or licensure or employment
as an elementary or secondary school teacher or vocational or technical
teacher as required under the agreement or voluntarily leaves, or is
terminated for cause, from the employment during the four years of required
service, the participant shall be required to reimburse the administering
Secretary for any stipend paid to the participant under subsection (g)(1) 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 program who is paid a bonus under subsection
(g)(2) fails to obtain employment for which the bonus was paid, or voluntarily
leaves or is terminated for cause from the employment during the four years of
required service, the participant shall be required to reimburse the
administering Secretary for the bonus 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)(A) The obligation to reimburse the administering Secretary under this
subsection is, for all purposes, a debt owing the United States.
`(B) A discharge in bankruptcy under title 11 shall not release a
participant from the obligation to reimburse the administering Secretary under
this subsection.
`(C) Any amount owed by a participant under paragraph (1) or (2) 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.
`(i) EXCEPTIONS TO REIMBURSEMENT PROVISIONS- (1) A participant in the
program shall not be considered to be in violation of an agreement entered
into under subsection (f) during any period in which the participant--
`(A) is pursuing a full-time course of study related to the field of
teaching at an eligible institution;
`(B) is serving on active duty as a member of the armed forces;
`(C) is temporarily totally disabled for a period of time not to exceed
three years as established by sworn affidavit of a qualified
physician;
`(D) 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;
`(E) 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
`(F) satisfies the provisions of additional reimbursement exceptions
that may be prescribed by the administering Secretary.
`(2) A participant shall be excused from reimbursement under subsection
(h) 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 that Secretary.
`(j) RELATIONSHIP TO EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL- The
receipt by a participant in the 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 or chapter 1606 of this title.
`(k) DISCHARGE OF STATE ACTIVITIES THROUGH CONSORTIA OF STATES- The
administering Secretary may permit States participating in the program to
carry out activities authorized for such States under this section through one
or more consortia of such States.
`(l) ASSISTANCE TO STATES IN ACTIVITIES UNDER PROGRAM- (1)
Subject to paragraph (2), the administering Secretary may make grants to
States participating in the program, or to consortia of such States, in order
to permit such States or consortia of States to operate offices for purposes
of recruiting eligible members 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.
`(m) 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 program for a fiscal year for purposes of
establishing and maintaining the management infrastructure necessary to
support the program.
`(n) DEFINITIONS- In this section:
`(1) The term `administering Secretary', with respect to the program
authorized by this section, means the following:
`(A) The Secretary of Defense with respect to the armed forces (other
than the Coast Guard) for the period beginning on October 23, 1992, and
ending on the date of the completion of the transfer of responsibility for
the program to the Secretary of Education under section 579(c) of the
National Defense Authorization Act for Fiscal Year 2000.
`(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 `State' includes the District of Columbia, American Samoa,
the Federated States of Micronesia, Guam, 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.
`(3) 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.'.
(2) The table of sections at the beginning of chapter 58 of such title is
amended by striking the item relating to section 1151 and inserting the
following new item:
`1151. Assistance to certain separated or retired members to obtain
certification and employment as teachers.'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall take
effect on October 1, 1999.
(c) TRANSFER OF JURISDICTION OVER CURRENT PROGRAM- (1) The Secretary of
Defense, Secretary of Transportation, and 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 the program authorized by section 1151 of title
10, United States Code, for the period beginning on October 23, 1992, and
ending on September 30, 2001.
(2) The Secretaries shall complete the transfer under paragraph (1) not
later than October 1, 2001.
(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.
(d) REPORTS- (1) Not later than March 31, 2002, 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 program authorized by section 1151 of title
10, United States Code (as amended by subsection (a)), in the recruitment and
retention of qualified personnel by local educational agencies identified
under subsection (b)(1) of such section 1151.
(2) The report under paragraph (1) shall include information on the
following:
(A) The number of participants in the program.
(B) The schools in which such participants are employed.
(C) The grade levels at which such participants teach.
(D) The subject matters taught by such participants.
(E) The effectiveness of the teaching of such participants, as indicated
by any relevant test scores of the students of such participants.
(F) The extent of any academic improvement in the schools in which such
participants teach by reason of their teaching.
(G) The rates of retention of such participants by the local educational
agencies employing such participants.
(H) The effect of any stipends or bonuses under subsection (g) of such
section 1151 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.
(I) Such other matters as the Secretary of Education or the Comptroller
General, as the case may be, considers appropriate.
(3) The report of the Comptroller General under paragraph (1) shall also
include any recommendations of the Comptroller General as to means of
improving the program, including means of enhancing the recruitment and
retention of participants in the program.
SEC. 580. 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:
`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 Federal Government if the Secretary determines that providing
the assistance--
`(1) is in the best interest of the Department of Defense;
`(2) enables supplementation or expansion of furnishing of the services
for military installations; 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 PROVIDER- A provider of child care services or youth program
services is eligible for financial assistance under paragraph (1) if the
provider--
`(1) is licensed to provide the services under applicable State and
local law;
`(2) has previously provided such services for members of the armed
forces or employees of the Federal Government; and
`(A) is a provider of otherwise federally funded or sponsored child
development services;
`(B) provides the services in a child development center owned and
operated by a private, not-for-profit organization;
`(C) is a provider of family child care services;
`(D) conducts a before-school or after-school child care program in a
public school facility;
`(E) conducts an otherwise federally funded or federally sponsored
school age child care or youth services program;
`(F) conducts a school age child care or youth services program that
is owned and operated by a not-for-profit organization; or
`(G) 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 available for the Department of
Defense.
`(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 the 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 one 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 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 the programs.
`(b) LIMITATION- Authorization of participation in a program under
subsection (a) shall be limited to situations in which the 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.
`(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 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 the 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 one 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:
`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.
(b) FIRST BIENNIAL REPORTS- The first biennial reports under sections
1798(d) and 1799(d) of title 10, United States Code (as added by subsection
(a)), shall be submitted not later than March 31, 2002, and shall cover fiscal
years 2000 and 2001.
SEC. 581. RESPONSES TO DOMESTIC VIOLENCE IN THE ARMED FORCES.
(a) MILITARY-CIVILIAN TASK FORCE ON DOMESTIC VIOLENCE- (1) The Secretary
of Defense shall establish a Military-Civilian Task Force on Domestic
Violence. The Secretary shall appoint the members of the task force in
accordance with this section not later than six months after the date of the
enactment of this Act.
(2)(A) Not later than six months after the date on which all members of
the task force are appointed, the task force shall submit to the Secretary of
Defense recommendations on the matters set out under subsection (b). The task
force shall, thereafter, submit to the Secretary of Defense from time to time
any analyses and recommendations for policies regarding how the Armed Forces
can effectively respond, and improve responses, to cases of domestic violence
that the task force considers appropriate.
(B) The task force shall submit to Congress an annual report containing a
detailed discussion of the achievements in responses to domestic violence in
the Armed Forces, pending research on domestic violence, and 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.
(C) The task force shall--
(i) meet in plenary session at least once annually; and
(ii) visit military installations overseas annually and military
installations within the United States semiannually.
(3) The Secretary shall appoint the members of the task force. The task
force shall include the following:
(A) Representatives of Department of Defense family advocacy
programs.
(D) Military police or other law enforcement personnel of the Armed
Forces.
(F) Personnel who plan, execute, and evaluate training of the Armed
Forces.
(G) Civilian personnel who are experts on domestic violence, family
advocates, providers of services specifically for victims of domestic
violence, and researchers in domestic violence including, but not limited
to, the following:
(i) At least two representatives from the national domestic violence
resource center and the special issue resource centers referred to in
section 308 of the Family Violence Prevention and Services Act (42 U.S.C.
Sec. 10407).
(ii) At least two representatives from national domestic violence and
sexual assault policy organizations.
(iii) At least two representatives from selected States' domestic
violence and sexual assault coalitions.
(iv) At least two local domestic violence and sexual assault service
providers in communities located near military installations.
(H) Civilian law enforcement personnel (appointed in consultation with
the Attorney General).
(I) Representatives of the Department of Justice (appointed in
consultation with the Attorney General) from the following offices:
(i) The Office on Violence Against Women.
(ii) The Violence Against Women Grants Office.
(J) Representatives of the Department of Health and Human Services
(appointed in consultation with the Secretary of Health and Human Services)
from the Family Violence Prevention and Services Office.
(4) The Secretary shall ensure that the task force includes the
following:
(A) Representatives of the Office of the Secretary of Defense.
(B) General and flag officers.
(C) Noncommissioned officers.
(D) Other enlisted personnel.
(5) The Secretary of Defense shall annually designate to chair the task
force one member of the task force from among the members on a list of
nominees submitted to the Secretary for that purpose by the task force.
(6) 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.
(7) 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 and 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. The Assistant
Secretary shall provide for the Secretaries of the military department to
provide support described in paragraph (8)(B) for the task force on a rotating
basis.
(8) The Secretary of the military department concerned shall--
(A) coordinate visits of the task force to military installations;
and
(B) as designated by the Assistant Secretary of Defense and in
coordination with Assistant Secretary, provide administrative, logistical,
and other support for the meetings of the task force.
(9) The task force shall terminate three years after the date on which all
members of the task force are appointed.
(b) UNIFORM RESPONSES- Not later than six months after receiving the
report of the task force under subsection (a)(2)(A), the Secretary of Defense
shall, in consultation with the task force, prescribe the following:
(1) Standard formats for memorandums of agreement or understanding to be
used by the Secretaries of the military departments for entering into
agreements with civilian law enforcement authorities relating to acts of
domestic violence involving members of the Armed Forces.
(2) A requirement for a commanding officer of a member of the Armed
Forces ordered by a superior not to have contact with a person to give a
written copy of the order to each person protected by the order within 24
hours after the issuance of the order.
(3) Standard guidance on the factors for commanders to consider when
determining appropriate action for substantiated allegations of domestic
violence by a person subject to that Code.
(4) A standard training program for all commanding officers in the Armed
Forces, including a standard curriculum, on the handling of domestic
violence cases.
(c) REPORTING REQUIREMENTS- (1) The Secretary shall establish a central
database of information on the cases of domestic violence involving members of
the Armed Forces.
(2) The Secretary shall require the administrator of each family advocacy
program of the Armed Forces to maintain and report annually to the
administrator of the database established under paragraph (1), the information
received or developed under the program on the following matters:
(A) Each domestic violence case reported to a commander, any law
enforcement authority of the Armed Forces, or a family advocacy program of
the Department of Defense.
(B) The number of the cases that involve evidence determined sufficient
for supporting disciplinary action and, for each such case, a description of
the substantiated allegation and the action taken by command authorities in
the case.
(C) The number of the cases that involve evidence determined
insufficient for supporting disciplinary action and, for each such case, a
description of the allegation.
(3) The Secretary shall submit to Congress an annual report on the data
submitted to the central database established under paragraph (1).
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. FISCAL YEAR 2000 INCREASE AND RESTRUCTURING OF BASIC PAY.
(a) WAIVER OF SECTION 1009 ADJUSTMENT- Any adjustment required by section
1009 of title 37, United States Code, in the rates of monthly basic pay
authorized members of the uniformed services by section 203(a) of such title
to become effective during fiscal year 2000 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 shall be
increased by 4.8 percent.
(c) BASIC PAY REFORM- Effective on July 1, 2000, the rates of monthly
basic pay for members of the uniformed services within each pay grade are as
follows:
COMMISSIONED OFFICERS 1
Years of service computed under section 205 of title 37, United States Code
----------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
----------------------------------------------------------------
O-10 2 $0.00 $0.00 $0.00 $0.00 $0.00
O-9 0.00 0.00 0.00 0.00 0.00
O-8 6,594.30 6,810.30 6,953.10 6,993.30 7,171.80
O-7 5,479.50 5,851.80 5,851.50 5,894.40 6,114.60
O-6 4,061.10 4,461.60 4,754.40 4,754.40 4,772.40
O-5 3,248.40 3,813.90 4,077.90 4,127.70 4,291.80
O-4 2,737.80 3,333.90 3,556.20 3,606.04 3,812.40
O-3 3 2,544.00 2,884.20 3,112.80 3,364.80 3,525.90
O-2 3 2,218.80 2,527.20 2,910.90 3,000.00 3,071.10
O-1 3 1,926.30 2,004.90 2,423.10 2,423.10 2,423.10
Over 8 Over 10 Over 12 Over 14 Over 16
O-10 2 $0.00 $0.00 $0.00 $0.00 $0.00
O-9 0.00 0.00 0.00 0.00 0.00
O-8 7,471.50 7,540.80 7,824.60 7,906.20 8,150.10
O-7 6,282.00 6,475.80 6,669.00 6,863.10 7,471.50
O-6 4,976.70 5,004.00 5,004.00 5,169.30 5,791.20
O-5 4,291.80 4,420.80 4,659.30 4,971.90 5,286.00
O-4 3,980.40 4,251.50 4,464.00 4,611.00 4,758.90
O-3 3 3,702.60 3,850.20 4,040.40 4,139.10 4,139.10
O-2 3 3,071.10 3,071.10 3,071.10 3,071.10 3,071.10
O-1 3 2,423.10 2,423.10 2,423.10 2,423.10 2,423.10
Over 18 Over 20 Over 22 Over 24 Over 26
O-10 2 $0.00 $10,655.10 $10,707.60 $10,930.20 $11,318.40
O-9 0.00 9,319.50 9,453.60 9,647.70 9,986.40
O-8 8,503.80 8,830.20 9,048.00 9,048.00 9,048.00
O-7 7,985.40 7,985.40 7,985.40 7,985.40 8,025.60
O-6 6,086.10 6,381.30 6,549.00 6,719.10 7,049.10
O-5 5,436.00 5,583.60 5,751.90 5,751.90 5,751.90
O-4 4,808.70 4,808.70 4,808.70 4,808.70 4,808.70
O-3 3 4,139.10 4,139.10 4,139.10 4,139.10 4,139.10
O-2 3 3,071.10 3,071.10 3,071.10 3,071.10 3,071.10
O-1 3 2,423.10 2,423.10 2,423.10 2,423.10 2,423.10
----------------------------------------------------------------
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER
Years of service computed under section 205 of title 37, United States Code
------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------
O-3E $0.00 $0.00 $0.00 $3,364.80 $3,525.90
O-2E 0.00 0.00 0.00 3,009.00 3,071.10
O-1E 0.00 0.00 0.00 2,423.10 2,588.40
Over 8 Over 10 Over 12 Over 14 Over 16
O-3E $3,702.60 $3,850.20 $4,040.40 $4,200.30 $4,291.80
O-2E 3,168.60 3,333.90 3,461.40 3,556.20 3,556.20
O-1E 2,683.80 2,781.30 2,877.60 3,009.00 3,009.00
Over 18 Over 20 Over 22 Over 24 Over 26
O-3E $4,416.90 $4,416.90 $4,416.90 $4,416.90 $4,416.90
O-2E 3,556.20 3,556.20 3,556.20 3,556.20 3,556.20
O-1E 3,009.00 3,009.00 3,009.00 3,009.00 3,009.00
------------------------------------------------------------
WARRANT OFFICERS
Years of service computed under section 205 of title 37, United States Code
------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------
W-5 $0.00 $0.00 $0.00 $0.00 $0.00
W-4 2,592.00 2,788.50 2,868.60 2,947.50 3,083.40
W-3 2,355.90 2,555.40 2,555.40 2,588.40 2,694.30
W-2 2,063.40 2,232.60 2,232.60 2,305.80 2,423.10
W-1 1,719.00 1,971.00 1,971.00 2,135.70 2,232.60
Over 8 Over 10 Over 12 Over 14 Over 16
W-5 $0.00 $0.00 $0.00 $0.00 $0.00
W-4 3,217.20 3,352.80 3,485.10 3,622.20 3,753.60
W-3 2,814.90 2,974.20 3,071.10 3,177.00 3,298.20
W-2 2,555.40 2,852.60 2,749.80 2,844.30 2,949.00
W-1 2,332.80 2,433.30 2,533.20 2,634.00 2,734.80
Over 18 Over 20 Over 22 Over 24 Over 26
W-5 $0.00 $4,475.10 $4,628.70 $4,782.90 $4,937.40
W-4 3,888.00 4,019.00 4,155.60 4,289.70 4,427.10
W-3 3,418.50 3,539.10 3,659.40 3,780.00 3,900.90
W-2 3,058.40 3,163.80 3,270.90 3,378.30 3,378.30
W-1 2,835.00 2,910.90 2,910.90 2,910.90 2,910.90
------------------------------------------------------------
ENLISTED MEMBERS
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 4 $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 5 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 4 $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 4 $3,373.20 $3,473.40 $3,609.30 $3,744.00 $3,915.80
E-8 2,932.50 3,026.10 3,161.10 3,295.50 3,483.60
E-7 2,588.10 2,660.40 2,787.60 2,926.20 3,134.40
E-6 2,283.30 2,283.30 2,285.70 2,285.70 2,285.70
E-5 1,936.20 1,936.20 1,936.20 1,936.20 1,936.20
E-4 1,593.90 1,593.90 1,593.90 1,593.90 1,593.90
E-3 1,335.90 1,335.90 1,335.90 1,335.90 1,335.90
E-2 1,127.40 1,127.40 1,127.40 1,123.20 1,127.40
E-1 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60
--------------------------------------------------------------
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:
`(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 one percent plus the
percentage calculated as provided under section 5303(a) of title 5 for such
fiscal year (without regard to whether rates of pay under the statutory pay
systems are actually increased during such fiscal year under that section by
the percentage so calculated).'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect
on October 1, 2000.
SEC. 603. SPECIAL SUBSISTENCE ALLOWANCE FOR FOOD STAMP ELIGIBLE
MEMBERS.
(a) ALLOWANCE- (1) Chapter 7 of title 37, United States Code, is amended
by inserting after section 402 the following new section:
`Sec. 402a. Special subsistence allowance: members eligible for food
stamps
`(a) ENTITLEMENT- Upon the application of an eligible member of a
uniformed service described in subsection (b)(1), the Secretary concerned
shall pay the member a special subsistence allowance for each month for which
the member is eligible to receive food stamp assistance, as determined by the
Secretary.
`(b) COVERED MEMBERS- (1) A member referred to subsection (a) is an
enlisted member in pay grade E-5 or below.
`(2) For the purposes of this section, a member shall be considered as
being eligible to receive food stamp assistance if the household of the member
meets the income standards of eligibility established under section 5(c)(2) of
the Food Stamp Act of 1977 (7 U.S.C. 2014(c)(2)), not taking into account the
special subsistence allowance that may be payable to the member under this
section and any allowance that is payable to the member under section 403 or
404a of this title.
`(c) TERMINATION OF ENTITLEMENT- The entitlement of a member to receive
payment of a special subsistence allowance terminates upon the occurrence of
any of the following events:
`(1) Termination of eligibility for food stamp assistance.
`(2) Payment of the special subsistence allowance for 12 consecutive
months.
`(3) Promotion of the member to a higher grade.
`(4) Transfer of the member in a permanent change of station.
`(d) REESTABLISHED ENTITLEMENT- (1) After a termination of a member's
entitlement to the special subsistence allowance under subsection (c), the
Secretary concerned shall resume payment of the special subsistence allowance
to the member if the Secretary determines, upon further application of the
member, that the member is eligible to receive food stamps.
`(2) Payments resumed under this subsection shall terminate under
subsection (c) upon the occurrence of an event described in that subsection
after the resumption of the payments.
`(3) The number of times that payments are resumed under this subsection
is unlimited.
`(e) DOCUMENTATION OF ELIGIBILITY- A member of the uniformed services
applying for the special subsistence allowance under this section shall
furnish the Secretary concerned with such evidence of the member's eligibility
for food stamp assistance as the Secretary may require in connection with the
application.
`(f) AMOUNT OF ALLOWANCE- The monthly amount of the special subsistence
allowance under this section is $180.
`(g) RELATIONSHIP TO BASIC ALLOWANCE FOR SUBSISTENCE- The special
subsistence allowance under this section is in addition to the basic allowance
for subsistence under section 402 of this title.
`(h) FOOD STAMP ASSISTANCE DEFINED- In this section, the term `food stamp
assistance' means assistance under the Food Stamp Act of 1977 (7 U.S.C. 2011
et seq.).
`(i) TERMINATION OF AUTHORITY- No special subsistence allowance may be
made under this section for any month beginning after September 30, 2004.'.
(2) The table of sections at the beginning of such chapter is amended by
inserting after the item relating to section 402 the following:
`402a. Special subsistence allowance: members eligible for food
stamps.'.
(b) EFFECTIVE DATE- Section 402a of title 37, United States Code, shall
take effect on the first day of the first month that begins not less than 180
days after the date of the enactment of this Act.
(c) ANNUAL REPORT- (1) Not later than March 1 of each year after 1999, the
Secretary of Defense shall submit to Congress a report setting forth the
number of members of the uniformed services who are eligible for assistance
under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.).
(2) In preparing the report, the Secretary shall consult with the
Secretary of Transportation (with respect to the Coast Guard), who shall
provide the Secretary of Defense with any information that the Secretary
determines necessary to prepare the report.
(3) No report is required under this section after March 1, 2004.
SEC. 604. 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. 605. CONTINUANCE OF PAY AND ALLOWANCES WHILE IN DUTY STATUS
(WHEREABOUTS UNKNOWN).
(a) CONTINUANCE OF PAY AND ALLOWANCES- (1) Chapter 10 of title 37, United
States Code, is amended by inserting after section 552 the following:
`Sec. 552a. Pay and allowances: continuation while in a duty status
(whereabouts unknown); limitations
`For any period that a member of a uniformed service on active duty or
performing inactive-duty training is in a duty status (whereabouts unknown),
section 552 of this title, except for subsections (d) and (e), shall apply to
the member as if the member were in a missing status for that period.'.
(2) The table of sections at the beginning of chapter 10 of such title is
amended by inserting after the item relating to section 552 the following:
`552a. Pay and allowances: continuation while in a duty status
(whereabouts unknown); limitations.'.
(b) DEFINITION OF DUTY STATUS (WHEREABOUTS UNKNOWN)- Section 551 of such
title is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new paragraph
(3):
`(3) The term `duty status (whereabouts unknown)' means a transitory
casualty status designated for a member of uniformed service by a commander
responsible for accounting for the member when the commander suspects that
the member is a casualty whose absence is involuntary and does not consider
the available relevant evidence sufficient for making a definite
determination that the member is missing, has deserted, is absent without
leave, or is dead.'.
SEC. 606. EQUITABLE TREATMENT OF CLASS OF 1987 OF THE UNIFORMED SERVICES
UNIVERSITY OF THE HEALTH SCIENCES.
(a) YEARS OF SERVICE CREDIT- An officer of the uniformed services who
entered the Uniformed Services University of the Health Sciences as a student
in 1983 and who successfully completed the course of instruction at the
University in 1987 shall be treated for purposes of determining pay and years
of service in the same manner as a student at the University who graduated in
1986, notwithstanding the enactment of the Defense Officer Personnel
Management Act (Public Law 96-513; 94 Stat. 2835).
(b) PROSPECTIVE APPLICABILITY- This section shall take effect on October
1, 1999. No entitlement to increased pay or allowances accrues for periods
before such date, and no eligibility accrues for consideration for selection
for promotions by boards convened before such date.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF CERTAIN
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 title 37,
United States Code, is amended by striking `December 31, 1999' and inserting
`December 31, 2000'.
(c) ENLISTMENT BONUSES FOR MEMBERS WITH CRITICAL SKILLS- Sections 308a(c)
and 308f(c) of title 37, United States Code, are each amended by striking
`December 31, 1999' and inserting `December 31, 2000'.
(d) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING PERIOD OF ACTIVE
SERVICE- Section 312(e) of title 37, United States Code, is amended by
striking `December 31, 1999' and inserting `December 31, 2000'.
(e) NUCLEAR CAREER ACCESSION BONUS- Section 312b(c) of title 37, United
States Code, is amended by striking `December 31, 1999' and inserting
`December 31, 2000'.
(f) NUCLEAR CAREER ANNUAL INCENTIVE BONUS- Section 312c(d) of title 37,
United States Code, is amended by striking `any fiscal year beginning before
October 1, 1998, and the 15-month period beginning on that date and ending on
December 31, 1999' and inserting `the 15-month period beginning on October 1,
1998, and ending on December 31, 1999, and any year beginning after December
31, 1999, and ending before January 1, 2001'.
SEC. 612. ONE-YEAR 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 title 37,
United States Code, is amended by striking `December 31, 1999' and inserting
`December 31, 2000'.
(c) SELECTED RESERVE ENLISTMENT BONUS- Section 308c(e) of title 37, United
States Code, is amended by striking `December 31, 1999' and inserting
`December 31, 2000'.
(d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN HIGH PRIORITY
UNITS- Section 308d(c) of title 37, United States Code, is amended by striking
`December 31, 1999' and inserting `December 31, 2000'.
(e) SELECTED RESERVE AFFILIATION BONUS- Section 308e(e) of title 37,
United States Code, is amended by striking `December 31, 1999' and inserting
`December 31, 2000'.
(f) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS- Section 308h(g) of
title 37, United States Code, is amended by striking `December 31, 1999' and
inserting `December 31, 2000'.
(g) PRIOR SERVICE ENLISTMENT BONUS- Section 308i(f) of title 37, United
States Code, 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 in lieu thereof
`January 1, 2001'.
SEC. 613. ONE-YEAR 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 in lieu thereof `December 31, 2000'.
SEC. 614. AMOUNT OF AVIATION CAREER INCENTIVE PAY FOR AIR BATTLE MANAGERS
FORMERLY ELIGIBLE FOR HAZARDOUS DUTY PAY.
(a) SAVE PAY PROVISION- Section 301a(b) of title 37, United States Code,
is amended by adding at the end the following:
`(4) The amount of the monthly incentive pay payable under this section to
an air battle manager who was receiving incentive pay under section
301(c)(2)(A) of this title immediately before becoming eligible for incentive
pay under this section shall be the higher of--
`(A) the monthly rate of incentive pay that the member was receiving
under section 301(c)(2)(A) of this title; or
`(B) the rate applicable to the member under paragraph (1), (2), or
(3).'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall take
effect on October 1, 1999, and shall apply with respect to months beginning on
or after that date.
SEC. 615. AVIATION CAREER OFFICER SPECIAL PAY.
(a) PERIOD OF AUTHORITY- Subsection (a) of section 301b of title 37,
United States Code, is amended--
(1) by inserting `(1)' after `AUTHORIZED- ';
(2) by striking `during the period beginning on January 1, 1989, and
ending on December 31, 1999,' and inserting `during the period described in
paragraph (2),'; and
(3) adding at the end the following:
`(2) Paragraph (1) applies with respect to agreements executed during the
period beginning on the first day of the first month that begins on or after
the date of the enactment of the National Defense Authorization Act for Fiscal
Year 2000 and ending on December 31, 2004.'.
(b) REPEAL OF LIMITATION TO CERTAIN YEARS OF CAREER AVIATION SERVICE-
Subsection (b) of such section is amended--
(1) by striking paragraph (5);
(2) by inserting `and' at the end of paragraph (4); and
(3) by redesignating paragraph (6) as paragraph (5).
(c) REPEAL OF LOWER ALTERNATIVE AMOUNT FOR AGREEMENT TO SERVE FOR 3 OR
FEWER YEARS- Subsection (c) of such section is amended by striking `than--'
and all that follows and inserting `than $25,000 for each year covered by the
written agreement to remain on active duty.'.
(d) 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'.
(e) TERMINOLOGY- Such section is further amended--
(1) in subsection (f), by striking `A retention bonus' and inserting
`Any amount'; and
(2) in subsection (i)(1), by striking `retention bonuses' in the first
sentence and inserting `special pay under this section'.
(f) REPEAL OF CONTENT REQUIREMENTS FOR ANNUAL REPORT- Subsection (i)(1) of
such section is further amended by striking the second sentence.
(g) TECHNICAL AMENDMENT- Subsection (g)(3) of such section if amended by
striking the second sentence.
(h) EFFECTIVE DATE- This section and the amendments made by this section
shall take effect on the first day of the first month that begins on or after
the date of the enactment of this Act.
SEC. 616. CAREER ENLISTED FLYER INCENTIVE PAY.
(a) INCENTIVE PAY AUTHORIZED- (1) Chapter 5 of title 37, United States
Code, is amended by inserting after section 301e the following new section
301f:
`Sec. 301f. Incentive pay: career enlisted flyers
`(a) PAY AUTHORIZED- An enlisted member described in subsection (b) may be
paid career enlisted flyer incentive pay as provided in this section.
`(b) ELIGIBLE MEMBERS- An enlisted member referred to in subsection (a) is
an enlisted member of the armed forces who--
`(1) is entitled to basic pay under section 204 of this title or is
entitled to compensation under paragraph (1) or (2) of section 206(a) of
this title;
`(2) holds a military occupational specialty or military rating
designated as a career enlisted flyer specialty or rating by the Secretary
concerned in regulations prescribed under subsection (f) and continues to be
proficient in the skills required for that specialty or rating, or is in
training leading to the award of such a specialty or rating; and
`(3) is qualified for aviation service.
`(c) MONTHLY PAYMENT- (1) Career enlisted flyer incentive pay may be paid
a member referred to in subsection (b) for each month in which the member
performs aviation service that involves frequent and regular performance of
operational flying duty by the member.
`(2)(A) Career enlisted flyer incentive pay may be paid a member referred
to in subsection (b) for each month in which the member performs service,
without regard to whether or the extent to which the member performs
operational flying duty during the month, as follows:
`(i) In the case of a member who has performed at least 6, and not more
than 15, years of aviation service, the member may be so paid after the
member has frequently and regularly performed operational flying duty in
each of 72 months if the member so performed in at least that number of
months before completing the member's first 10 years of performance of
aviation service.
`(ii) In the case of a member who has performed more than 15, and not
more than 20, years of aviation service, the member may be so paid after the
member has frequently and regularly performed operational flying duty in
each of 108 months if the member so performed in at least that number of
months before completing the member's first 15 years of performance of
aviation service.
`(iii) In the case of a member who has performed more than 20, and not
more than 25, years of aviation service, the member may be so paid after the
member has frequently and regularly performed operational flying duty in
each of 168 months if the member so performed in at least that number
of
months before completing the member's first 20 years of performance of
aviation service.
`(B) The Secretary concerned, or a designee of the Secretary concerned not
below the level of personnel chief of the armed force concerned, may reduce
the minimum number of months of frequent and regular performance of
operational flying duty applicable in the case of a particular member
under--
`(i) subparagraph (A)(i) to 60 months;
`(ii) subparagraph (A)(ii) to 96 months; or
`(iii) subparagraph (A)(iii) to 144 months.
`(C) A member may not be paid career enlisted flyer incentive pay in the
manner provided under subparagraph (A) after the member has completed 25 years
of aviation service.
`(d) MONTHLY RATES- (1) 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.
`(2) The monthly rate of any career enlisted flyer incentive pay paid
under this section to a member of a reserve component for each period of
inactive-duty training during which aviation service is performed shall be
equal to 1/30 of the monthly rate of career enlisted flyer incentive pay
provided under paragraph (1) for a member on active duty with the same number
of years of aviation service.
`(e) NONAPPLICABILITY TO MEMBERS RECEIVING HAZARDOUS DUTY INCENTIVE PAY OR
SPECIAL PAY FOR DIVING DUTY- 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.
`(f) REGULATIONS- The Secretary concerned shall prescribe regulations for
the administration of this section. The regulations shall include the
following:
`(1) Definitions of the terms `aviation service' and `frequently and
regularly performed operational flying duty' for purposes of this
section.
`(2) The military occupational specialties or military rating, as the
case may be, that are designated as career enlisted flyer specialties or
ratings, respectively, for purposes of this section.
`(g) DEFINITION- In this section, the term `operational flying duty'
means--
`(1) flying performed under competent orders while serving in
assignments in which basic flying skills normally are maintained in the
performance of assigned duties as determined by the Secretary concerned;
and
`(2) flying performed by members in training that leads to the award of
a military occupational specialty or rating referred to in subsection
(b)(2).'.
(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
301e the following new item:
`301f. Incentive pay; career enlisted flyers.'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall take
effect on October 1, 1999.
(c) SAVE PAY PROVISION- In the case of an enlisted member of a uniformed
service who is a designated career enlisted flyer entitled to receive
hazardous duty incentive pay under section 301(b) or 301(c)(2)(A) of title 37,
United States Code, as of October 1, 1999, the member shall be entitled from
that date to payment of incentive pay at the monthly rate that is the higher
of--
(1) the monthly rate of incentive pay authorized by such section 301(b)
or 301(c)(2)(A) as of September 30, 1999; or
(2) the monthly rate of incentive pay authorized by section 301f of
title 37, United States Code, as added by subsection (a).
SEC. 617. 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 inserting after section 301f, as added by section 616 of this Act,
the following new section:
`Sec. 301g. Special pay: special warfare officers extending period of active
duty
`(a) BONUS AUTHORIZED- A special warfare officer described in subsection
(b) 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.
`(b) COVERED OFFICERS- A special warfare officer referred to in subsection
(a) is 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 is serving in a position for which
that specialty or designator is authorized;
`(2) 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 for an
agreement under this section;
`(3) has completed at least 6, but not more than 14, years of active
commissioned service; and
`(4) has completed any service commitment incurred to be commissioned as
an officer.
`(c) 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 written
agreement.
`(d) PRORATION- The term of an agreement under subsection (a) and the
amount of the bonus payable under subsection (c) may be prorated as long as
such agreement does not extend beyond the date on which the officer making
such agreement would complete 14 years of active commissioned service.
`(e) PAYMENT- Upon acceptance of a written agreement under subsection (a)
by the Secretary concerned, the total amount payable pursuant to the agreement
becomes fixed and may be paid--
`(1) in a lump sum equal to the amount of half the total amount payable
under the agreement at the time the agreement is accepted by the Secretary
concerned followed by payments of equal annual installments on the
anniversary of the acceptance of the agreement until the payment in full of
the balance
of the amount that remains payable under the agreement after the payment of
the lump sum amount under this paragraph; or
`(2) in graduated annual payments under regulations prescribed by the
Secretary concerned with the first payment being payable at the time the
agreement is accepted by the Secretary concerned and subsequent payments
being payable on the anniversaries of the acceptance of the agreement.
`(f) ADDITIONAL PAY- A retention bonus paid under this section is in
addition to any other pay and allowances to which an officer is entitled.
`(g) REPAYMENT- (1) If an officer who has entered into a written agreement
under subsection (a) 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 a written 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).
`(h) 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, as amended by section 110(a) of this Act, is amended by
inserting after the item relating to section 301f the following new item:
`301g. Special pay: special warfare officers extending period of active
duty.'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall take
effect on October 1, 1999.
SEC. 618. RETENTION BONUS FOR SURFACE WARFARE OFFICERS EXTENDING PERIODS OF
ACTIVE DUTY.
(a) BONUS AUTHORIZED- (1) Chapter 5 of title 37, United States Code, is
amended by inserting after section 301g, as added by section 617 of this Act,
the following new section:
`Sec. 301h. Special pay: surface warfare officers extending period of active
duty
`(a) SPECIAL PAY AUTHORIZED- (1) A surface warfare officer described in
subsection (b) who executes a written agreement described in paragraph (2)
may, upon the acceptance of the agreement by the Secretary of the Navy, be
paid a retention bonus as provided in this section.
`(2) An agreement referred to in paragraph (1) is an agreement in which
the officer concerned agrees--
`(A) to remain on active duty for at least two years and through the
tenth year of active commissioned service; and
`(B) to complete tours of duty to which the officer may be ordered
during the period covered by subparagraph (A) as a department head
afloat.
`(b) COVERED OFFICERS- A surface warfare officer referred to in subsection
(a) is an officer of the Regular Navy or Naval Reserve on active duty who--
`(1) is designated and serving as a surface warfare officer;
`(2) is in pay grade O-3 at the time the officer applies for an
agreement under this section;
`(3) has been selected for assignment as a department head on a surface
ship;
`(4) has completed at least four, but not more than eight, years of
active commissioned service; and
`(5) has completed any service commitment incurred to be commissioned as
an officer.
`(c) 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 written
agreement.
`(d) PRORATION- The term of an agreement under subsection (a) and the
amount of the bonus payable under subsection (c) may be prorated as long as
such agreement does not extend beyond the date on which the officer making
such agreement would complete 10 years of active commissioned service.
`(e) PAYMENT- Upon acceptance of a written agreement under subsection (a)
by the Secretary of the Navy, the total amount payable pursuant to the
agreement becomes fixed and may be paid--
`(1) in a lump sum equal to the amount of half the total amount payable
under the agreement at the time the agreement is accepted by the Secretary
followed by payments of equal annual installments on the anniversary of the
acceptance of the agreement until the payment in full of the balance of the
amount that remains payable under the agreement after the payment of the
lump sum amount under this paragraph; or
`(2) in equal annual payments with the first payment being payable at
the time the agreement is accepted by the Secretary and subsequent payments
being payable on the anniversaries of the acceptance of the agreement.
`(f) ADDITIONAL PAY- A retention bonus paid under this section is in
addition to any other pay and allowances to which an officer is entitled.
`(g) REPAYMENT- (1) If an officer who has entered into a written agreement
under subsection (a) and has received all or part of a retention bonus under
this section fails to complete the total period of active duty specified in
the agreement, the Secretary of the Navy 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 under this
section.
`(2) An obligation to repay the United States imposed under paragraph (1)
is for all purposes a debt owned to the United States.
`(3) A discharge in bankruptcy under title 11 that is entered less than
five years after the termination of a written 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).
`(h) 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
301g, as added by section 111(a) of this Act, the following new item:
`301h. Special pay: surface warfare officers extending period of active
duty.'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall take
effect on October 1, 1999.
SEC. 619. 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 awarded a
diploma 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 that subsection) at the same rate as is provided under section 302c(b)
of this title for an officer referred to in that section who has the same
number of years of creditable service as the commissioned officer.'.
(b) EFFECTIVE DATE- Section 303(b) of title 37, United States Code, as
added by subsection (a), shall apply with respect to months beginning after
September 30, 1999.
SEC. 620. INCREASE IN RATE OF DIVING DUTY SPECIAL PAY.
(a) INCREASE- Section 304(b) of title 37, United States Code, is
amended--
(1) by striking `$200' and inserting `$240'; and
(2) by striking `$300' and inserting `$340'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall take
effect on October 1, 1999, and shall apply with respect to special pay paid
under section 304 of title 37, United States Code, for months beginning on or
after that date.
SEC. 621. INCREASE IN MAXIMUM AMOUNT AUTHORIZED FOR REENLISTMENT BONUS FOR
ACTIVE MEMBERS.
(a) INCREASE IN MAXIMUM AMOUNT- Section 308(a)(2) of title 37, United
States Code, is amended--
(1) subparagraph (A)(i), by striking `ten' and inserting `15'; and
(2) in subparagraph (B), by striking `$45,000' and inserting
`$60,000'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) 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. 622. CRITICAL SKILLS ENLISTMENT BONUS.
(a) INCREASE- Section 308a(a) of title 37, United States Code, is amended
in the first sentence by striking `$12,000' and inserting `$20,000'.
(b) LUMP-SUM PAYMENT OF CRITICAL SKILLS ENLISTMENT BONUS- Section 308a(a)
of title 37, United States Code, is amended--
(1) by inserting `(1)' after `(a)';
(2) by striking all after `may be paid a bonus' and inserting a period;
and
(3) by adding at the end the following:
`(2) The appropriate Secretary shall prescribe in regulations the
following:
`(A) The amount of the bonus, but not more than $12,000.
`(B) Provisions for payment of the bonus in a single lump sum or
periodic installments in relation to the attainment of one or more specified
career milestones appropriate to ensure that the terms of the enlistment or
extension are satisfied.'.
(c) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect
on October 1, 1999, and shall apply with respect enlistments and extensions of
enlistments taking effect on or after that date.
SEC. 623. 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 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. 624. 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. 625. 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 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. 626. ELIGIBILITY FOR RESERVE COMPONENT PRIOR SERVICE ENLISTMENT BONUS
UPON ATTAINING A CRITICAL SKILL.
(a) NEWLY ATTAINED CRITICAL SKILL- Section 308i(a) of title 37, United
States Code, is amended by striking paragraph (2) and inserting the
following:
`(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 that person's military service obligation
but has less than 14 years of total military service.
`(B) The person has received an honorable discharge at the conclusion of
military service.
`(C) The person is not being released from active service for the
purpose of enlistment in a reserve component.
`(D) The person is position eligible under paragraph (3).
`(E) The person has not previously been paid a bonus (except under this
section) for enlistment, reenlistment, or extension of enlistment in a
reserve component.
`(3) A person is position eligible for the purposes of paragraph (2)(D) if
the person--
`(A) is projected to occupy 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
`(ii) attained a level of qualification while a member on active duty
commensurate with the grade and years of service of the member;
or
`(B) is occupying a position as a member of the Selected Reserve in a
specialty in which the person--
`(i) has completed training or retraining in the specialty skill that
is designated as critically short; and
`(ii) has attained a level of qualification in the designated
critically short specialty skill that is commensurate with the member's
grade and years of service.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect
on the date of the enactment of this Act and shall apply to enlistments
beginning on or after that date.
SEC. 627. 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 title 37, United
States Code, is amended by striking `$10,000' and inserting `$20,000'.
(c) NUCLEAR CAREER ANNUAL INCENTIVE BONUSES- Section 312c of title 37,
United States Code, is amended--
(1) in subsection (a)(1), by striking `$12,000' and inserting `$22,000';
and
(2) in subsection (b)(1), by striking `$5,500' and inserting
`$10,000'.
(d) EFFECTIVE DATE- (1) The amendments made by this section shall take
effect on October 1, 1999.
(2) The amendments made by subsections (a) and (b) shall apply with
respect to agreements accepted under section 312(a) and 312b(a), respectively,
of title 37, United States Code, on or after October 1, 1999.
(3) The amendments made by subsection (c) shall apply with respect to
nuclear service years beginning on or after October 1, 1999.
SEC. 628. INCREASE IN MAXIMUM MONTHLY RATE AUTHORIZED FOR FOREIGN LANGUAGE
PROFICIENCY PAY.
(a) INCREASE IN MAXIMUM MONTHLY RATE- Section 316(b) of title 37, United
States Code, is amended by striking `$100' and inserting `$300'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect
on October 1, 1999, and shall apply with respect to foreign language
proficiency pay paid under section 316 of title 37, United States Code, for
months beginning on or after that date.
Subtitle C--Travel and Transportation Allowances
SEC. 641. PAYMENT OF TEMPORARY LODGING EXPENSES TO ENLISTED MEMBERS MAKING
FIRST PERMANENT CHANGE OF STATION.
Section 404a(a) of title 37, United States Code, is amended--
(1) in paragraph (1), by striking `or' at the end of the
paragraph;
(2) in paragraph (2), by inserting `or' after the semicolon; and
(3) by inserting after paragraph (2) the following:
`(3) in the case of an enlisted member, to the member's first permanent
duty station from the member's home of record or initial technical training
school;'.
SEC. 642. DESTINATION AIRPORT FOR EMERGENCY LEAVE TRAVEL TO THE CONTINENTAL
UNITED STATES.
Section 411d(b)(1)(A) of title 37, United States Code, is amended to read
as follows:
`(i) the international airport in the continental United States
closest to the location from which the member and the member's dependents
departed; or
`(ii) any other airport in the continental United States that is
closer to the destination than is that international airport if the cost
of the transportation to the other airport is less expensive than the cost
of the transportation to that international airport; or'.
SEC. 643. CLARIFICATION OF PER DIEM ELIGIBILITY OF CERTAIN MILITARY
TECHNICIANS (DUAL STATUS) SERVING ON ACTIVE DUTY WITHOUT PAY OUTSIDE THE UNITED
STATES.
(a) CLARIFICATION- 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:
`(2) If the Secretary concerned determines that a military technician
(dual status) on leave from technician employment under section 6323(d) of
title 5 is performing active duty without pay outside the United States
without having been afforded an adequate opportunity to satisfy administrative
requirements for a commutation of subsistence and quarters under paragraph
(1), the Secretary concerned may authorize payment of a per diem allowance to
the technician under chapter 4 of this title instead of
the commutation while the technician is performing that duty.'.
(b) DEFINITION- Section 101 of such title is amended by adding at the end
the following:
`(27) The term `military technician (dual status)' has the meaning given
the term in section 10216(a) of title 10.'.
(c) RETROACTIVE EFFECTIVE DATE- The amendments made by this section shall
be effective as of February 10, 1996.
SEC. 644. 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 1209 of title 10, United States Code, is
amended by adding at the end the following new section:
`Sec. 12322. Reserves traveling to inactive-duty training OCONUS: space
required travel
`A member of a reserve component is authorized to travel in a space
required status on aircraft of the armed forces between the member's home and
place of inactive-duty training outside the continental United 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)
when there is no transportation between those locations by means of road,
railroad, or a combination of road and railroad. A member traveling in that
status on any such aircraft under the authority of this section is not
authorized to receive travel, transportation, or per diem allowances in
connection with the travel.'.
(2) The table of sections at the beginning of that chapter is amended by
adding at the end the following:
`12322. Reserves traveling to inactive-duty training OCONUS: space
required travel.'.
(b) REPEAL OF SUPERSEDED AUTHORITY- Section 8023 of Public Law 105-262
(112 Stat. 2302) is repealed.
(c) EFFECTIVE DATE- This section and the amendments made by this section
shall take effect on the date of the enactment of this Act and shall apply
with respect to travel commencing on or after that date.
SEC. 645. REIMBURSEMENT OF TRAVEL EXPENSES INCURRED BY MEMBERS OF THE ARMED
FORCES IN CONNECTION WITH LEAVE CANCELED FOR INVOLVEMENT IN KOSOVO-RELATED
ACTIVITIES.
(a) AUTHORITY- The Secretary of the military department concerned may
reimburse a member of the Armed Forces under the jurisdiction of the Secretary
for expenses of travel (to the extent not otherwise reimbursable under law)
that have been incurred by the member in connection with approved leave
canceled to meet an exigency in connection with United States participation in
Operation Allied Force.
(b) ADMINISTRATIVE PROVISIONS- The Secretary of Defense shall prescribe
the procedures and documentation required for application for, and payment of,
reimbursements to members of the Armed Forces under subsection (a).
Subtitle D--Retired Pay, Survivor Benefits, and Related
Matters
SEC. 651. RETIRED PAY OPTIONS FOR PERSONNEL ENTERING UNIFORMED SERVICES ON
OR AFTER AUGUST 1, 1986.
(a) REDUCED RETIRED PAY ONLY FOR MEMBERS ELECTING 15-YEAR SERVICE BONUS-
(1) 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 318 of title 37,'.
(2)(A) Paragraph (2)(A) of section 1401a(b) of title 10, United States
Code, 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'.
(B) Paragraph (3) of such section 1401a(b) is amended by inserting after
`August 1, 1986,' the following: `and has elected to receive a bonus under
section 318 of title 37,'.
(3) Section 1410 of title 10, United States Code, is amended by inserting
after `August 1, 1986,' the following: `who has elected to receive a bonus
under section 318 of title 37,'.
(b) OPTIONAL LUMP-SUM BONUS AT 15 YEARS OF SERVICE- (1) Chapter 5 of title
37, United States Code, is amended by adding at the end the following new
section:
`Sec. 318. Special pay: 15-year service bonus elected by members entering on
or after August 1, 1986
`(a) PAYMENT OF BONUS- The Secretary concerned shall pay a bonus to a
member of a uniformed service who is eligible and elects to receive the bonus
under this section.
`(b) ELIGIBILITY FOR BONUS- A member of a uniformed service serving on
active duty is eligible to receive a bonus under this section if the
member--
`(1) first became a member of a uniformed service on or after August 1,
1986;
`(2) has completed 15 years of active duty in the uniformed services;
and
`(3) if not already obligated to remain on active duty for a period that
would result in at least 20 years of active-duty service, executes a written
agreement (prescribed by the Secretary concerned) to remain continuously on
active duty for five years after the date of the completion of 15 years of
active-duty service.
`(c) ELECTION- (1) A member eligible to receive a bonus under this section
may elect to receive the bonus. The election shall be made in such form and
within such period as the Secretary concerned requires.
`(2) An election made under this subsection is irrevocable.
`(d) NOTIFICATION OF ELIGIBILITY- The Secretary concerned shall transmit a
written notification of the opportunity to elect to receive a bonus under this
section to each member who is eligible (or upon execution of an agreement
described in subsection (b)(3), would be eligible) to receive the bonus. The
Secretary shall complete the notification within 180 days after the date on
which the member completes 15 years of active duty. The notification shall
include the procedures for electing to receive the bonus and 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 which the
member may become eligible to receive.
`(e) FORM AND AMOUNT OF BONUS- A bonus under this section shall be paid in
one lump sum of $30,000.
`(f) TIME FOR PAYMENT- Payment of a bonus to a member electing to receive
the bonus under this section shall be made not later than the first month that
begins on or after the date that is 60 days after the Secretary concerned
receives from the member an election that satisfies the requirements imposed
under subsection (c).
`(g) REPAYMENT OF BONUS- (1) If a person paid a bonus under this section
fails to complete the total period of active duty specified in the agreement
entered into under subsection (b)(3), the person shall refund to the United
States the amount that bears the same ratio to the amount of the bonus payment
as the unserved part of that total period bears to the total period.
`(2) Subject to paragraph (3), an obligation to reimburse the United
States imposed under paragraph (1) is for all purposes a debt owed to the
United States.
`(3) The Secretary concerned may waive, in whole or in part, a refund
required under paragraph (1) if the Secretary concerned determines that
recovery would be against equity and good conscience or would be contrary to
the best interests of the United States.
`(4) A discharge in bankruptcy under title 11 that is entered less than
five years after the termination of an agreement under this section does not
discharge the member signing such agreement from a debt arising under the
agreement or this subsection.'.
(2) The table of sections at the beginning of such chapter is amended by
adding at the end the following new item:
`318. Special pay: 15-year service bonus elected by members entering on
or after August 1, 1986.'.
(c) CONFORMING AMENDMENTS TO SURVIVOR BENEFIT PLAN PROVISIONS- (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'.
(d) RELATED TECHNICAL AMENDMENTS- (1) Section 1401a(b) of title 10, United
States Code, is amended--
(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) of title 10, United States Code, is amended by
inserting `CERTAIN' after `REDUCTION APPLICABLE TO' in the paragraph
heading.
(3)(A) The heading of section 1410 of such title is amended by inserting
`certain' before `members'.
(B) The item relating to such section in the table of sections at the
beginning of chapter 71 of title 10, United States Code, is amended by
inserting `certain' before `members'.
SEC. 652. 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) AUTHORITY- A member of the uniformed services serving on active duty
and a member of the Ready Reserve in any pay status may participate in the
Thrift Savings Plan in accordance with section 8440e of title 5.
`(b) RULE OF CONSTRUCTION REGARDING SEPARATION- For the purposes of
section 8440e of title 5, the following actions shall be considered separation
of a member of the uniformed services from Government employment:
`(1) Release of the member from active-duty service (not followed by a
resumption of active-duty service within 30 days after the effective date of
the release).
`(2) Transfer of the member by the Secretary concerned to a retired list
maintained by the Secretary.'.
(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 on active duty
`(a) PARTICIPATION AUTHORIZED- (1) A member of the uniformed services
authorized to participate in the Thrift Savings Plan under section 211(a) of
title 37 may contribute to the Thrift Savings Fund.
`(2) An election to contribute to the Thrift Savings Fund under paragraph
(1) may be made only during a
period provided under section 8432(b) for individuals subject to this
chapter.
`(b) APPLICABILITY OF THRIFT SAVINGS PLAN PROVISIONS- Except as otherwise
provided in this section, the provisions of this subchapter and subchapter VII
of this chapter shall apply with respect to members of the uniformed services
making contributions to the Thrift Savings Fund as if such members were
employees within the meaning of section 8401(11).
`(c) MAXIMUM CONTRIBUTION FROM PAY OR COMPENSATION- (1) The amount
contributed by a member of the uniformed services for any pay period out of
basic pay may not exceed 5 percent of such member's basic pay for such pay
period.
`(2) The amount contributed by a member of the Ready Reserve for any pay
period for any compensation received under section 206 of title 37 may not
exceed 5 percent of such member's compensation for such pay period, to the
extent allowable under the Internal Revenue Code of 1986.
`(d) OTHER MEMBER CONTRIBUTIONS- A member of the uniformed services 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 the member
receives under section 308, 308a through 308h, or 318 of title 37, to the
extent allowable under the Internal Revenue Code of 1986.
`(e) AGENCY CONTRIBUTIONS GENERALLY PROHIBITED- Except as provided in
section 211(c) of title 37, no contribution under section 8432(c) of this
title may be made for the benefit of a member of the uniformed services making
contributions to the Thrift Savings Fund under subsection (a).
`(f) BENEFITS AND ELECTIONS OF BENEFITS- In applying section 8433 to a
member of the uniformed services who has an account balance in the Thrift
Savings Fund--
`(1) any reference in such section to separation from Government
employment shall be construed to refer to an action described in section
211(b) of title 37; and
`(2) the reference in section 8433(g)(1) to contributions made under
section 8432(a) shall be treated as being a reference to contributions made
to the Fund by the member, whether made under section 8351, 8432(a), or this
section.
`(g) BASIC PAY DEFINED- For purposes of this section, the term `basic pay'
means basic pay that is payable under section 204 of title 37.'.
(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 on active duty.'.
(3) Section 8432b(b) of title 5, United States Code, is amended--
(A) in paragraph (1), by striking `Each employee' and inserting `Except
as provided in paragraph (4), each employee';
(B) by redesignating paragraph (4) as paragraph (5); and
(C) by inserting after paragraph (3) the following new paragraph
(4):
`(4) No contribution may be made under this section for a period for which
an employee made a contribution under section 8440e.'.
(4) Section 8473 of title 5, United States Code, is amended--
(A) in subsection (a), by striking `14 members' and inserting `15
members'; and
(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.'.
(5) Paragraph (11) of section 8351(b) of title 5, United States Code, is
redesignated as paragraph (8).
(b) APPLICABILITY- (1) Except as provided in paragraph (2), the authority
of members of the uniformed services to participate in the Thrift Savings Plan
under section 211 of title 37, United States Code (as added by subsection
(a)(1)), shall take effect on July 1, 2000.
(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 specified in paragraph (1) if the Secretary, after consultation
with the Executive Director appointed by the Federal Thrift Retirement
Investment Board, determines that permitting such members to participate in
the Thrift Savings Plan on that date would place an excessive burden on the
administrative capacity of the Board to accommodate participants in the Thrift
Savings Plan.
(B) The Secretary shall notify the congressional defense committees of any
determination made under subparagraph (A).
(c) REGULATIONS- Not later than 180 days after the date of the enactment
of this Act, the Executive Director appointed by the Federal Thrift Retirement
Investment Board shall issue regulations to implement section 8440e of title
5, United States Code (as added by subsection (a)(2)) and section 211 of title
37, United States Code (as added by subsection (a)(1)).
SEC. 653. SPECIAL RETENTION INITIATIVE.
Section 211 of title 37, United States Code, as added by section 652, is
amended by adding at the end the following:
`(c) 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 six years.
`(2) Under any agreement entered into with a member under paragraph (1),
the Secretary shall make contributions to the Fund 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 out of basic pay to the Fund under this section.
Paragraph (2) of section 8432(c) applies to the Secretary's obligation to make
contributions under this paragraph, except that the reference in such
paragraph to contributions under paragraph (1) of such section does not
apply.'.
SEC. 654. APPLICABILITY OF DUAL COMPENSATION LIMITATION TO RESERVE OFFICERS
RETIRED AFTER 20 YEARS OF ACTIVE SERVICE.
(a) APPLICABILITY- Section 5532 of title 5, United States Code, is amended
by inserting after `(b) A retired officer of a regular component of a
uniformed service' in the first sentence the following: `, or of a reserve
component of a uniformed service if retired under section 3911, 6323, or 8911
of title 10,'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect
on October 1, 1999, and shall apply with respect to retirements of officers of
the uniformed services under section 3911, 6323, or 8911 of title 10, United
States Code, that become effective on or after that date.
SEC. 655. 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. 656. 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:
`Sec. 1436a. Coverage paid up at 30 years and age 70
`Effective October 1, 2008, no reduction may be made in a person's retired
pay or retainer pay pursuant to an election under section 1431(b) or 1432 of
this title for any month after the later of--
`(1) the 360th month for which the person retired pay or retainer pay is
reduced pursuant to such an election; and
`(2) the month during which the 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:
`1436a. Coverage paid up at 30 years and age 70.'.
SEC. 657. PERMANENT AUTHORITY FOR PAYMENT OF ANNUITIES TO CERTAIN MILITARY
SURVIVING SPOUSES.
Subsection (f) of section 644 of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1801; 10 U.S.C. 1448 note)
is repealed.
SEC. 658. EFFECTUATION 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.
Subtitle E--Other Matters
SEC. 671. ANNUAL REPORT ON EFFECTS OF INITIATIVES ON RECRUITMENT AND
RETENTION.
(a) REQUIREMENT FOR REPORT- On 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 improved pay and other benefits under this
title and under the amendments made by this title are having on recruitment
and retention of personnel for the Armed Forces.
(b) FIRST REPORT- The first report under this section shall be submitted
not later than December 1, 2000.
SEC. 672. MEMBERS UNDER BURDENSOME PERSTEMPO.
(a) MANAGEMENT OF DEPLOYMENTS OF INDIVIDUALS- Part II of subtitle A of
title 10, United States Code, is amended by inserting after chapter 49 the
following:
`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- The first general officer
or flag officer in the chain of command of a member of the armed forces shall
manage a deployment of the member when the total number of the days on which
the member has been deployed out of 365 consecutive days is in excess of 180
days. That officer shall ensure that the member is not deployed or continued
in a deployment on any day on which the total number of the days on which the
member has been deployed would exceed 200 out of 365 consecutive days unless a
general or flag officer in the grade of general or admiral in the member's
chain of command approves the deployment or continued deployment of the
member.
`(b) DEPLOYMENT DEFINED- (1) For the purposes of this section, a member of
the armed forces is 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 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 performing service as a student or trainee at a school
(including any Federal Government school) or performing administrative, guard,
or detail duties in garrison at the member's permanent duty station.
`(c) RECORDKEEPING- The Secretary of each military department shall
establish a system for tracking and recording the number of days that each
member of an armed force under the jurisdiction of the Secretary is
deployed.
`(d) NATIONAL SECURITY WAIVER AUTHORITY- The Secretary of Defense may
suspend the applicability of this section to a member or any group of members
when the Secretary determines that it is necessary to do so 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 per diem allowance to a member of an armed force for each day that
the member is deployed in excess of 220 days out of 365 consecutive 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.
`(c) AMOUNT OF PER DIEM- The amount of the per diem payable to a member
under this section is $100.
`(d) PAYMENT OF CLAIMS- A claim of a member for payment of the per diem
allowance that is not fully substantiated by the applicable 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- Any per diem payable to a member
under this section is in addition to any other per diem, allowance, special
pay, or incentive that is 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 of an armed force for any day on which the applicability of
section 991 of title 10 to the member is suspended under subsection (d) of
such section.
`(g) 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.'.
(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:
991'.
(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:
`435. Per diem allowance for lengthy or numerous deployments.'.
(d) APPLICABILITY AND IMPLEMENTATION- (1) Section 991 of title 10, United
States Code (as added by subsection (a)), and section 435 of title 37, United
States Code (as added by subsection (b)), shall apply with respect to service
performed after September 30, 2000.
(2) 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.
SEC. 673. INCREASED TUITION ASSISTANCE FOR MEMBERS OF THE ARMED FORCES
DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION OR SIMILAR OPERATION.
(a) INAPPLICABILITY OF LIMITATION ON AMOUNT- Section 2007(a) of title 10,
United States Code, is amended--
(1) by striking `and' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and inserting `;
and'; and
(3) by adding at the end the following:
`(4) in the case of a member deployed outside the United States in
support of a contingency operation or similar operation, all of the charges
may be paid while the member is so deployed.'.
(b) INCREASED AUTHORITY SUBJECT TO APPROPRIATIONS- The authority to pay
additional tuition assistance under paragraph (4) of section 2007(a) of title
10, United States Code, as added by subsection (a), may be exercised only to
the extent provided for in appropriations Acts.
SEC. 674. ADMINISTRATION OF SELECTED RESERVE EDUCATION LOAN REPAYMENT
PROGRAM FOR COAST GUARD RESERVE.
Subsection (a)(1) of section 16301 of title 10, United States Code, is
amended by inserting after `the Secretary of Defense' the following: `, or the
Secretary of Transportation in the case of a member of the Selected Reserve of
the Coast Guard Reserve when the Coast Guard is not operating as a service in
the Navy,'.
SEC. 675. EXTENSION TO ALL UNIFORMED SERVICES OF AUTHORITY FOR PRESENTATION
OF UNITED STATES FLAG TO MEMBERS UPON RETIREMENT.
(a) PUBLIC HEALTH SERVICE- Section 221 of the Public Health Service Act
(42 U.S.C. 213a) is amended--
(1) by adding at the end of subsection (a) the following:
`(17) Section 6141, Presentation of United States flag upon
retirement.'; and
(2) in subsection (b), by inserting `the Secretary of a military
department,' after `the Secretary concerned','.
(b) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION- Section 3 of the Act
entitled `An Act to revise, codify, and enact into law, title 10 of the United
States Code, entitled `Armed Forces', and title 32 of the United States Code,
entitled `National Guard', approved August 10, 1956 (33 U.S.C. 857a), is
amended--
(1) by adding at the end of subsection (a) the following:
`(17) Section 6141, Presentation of United States flag upon
retirement.'; and
(2) in subsection (b), by inserting `the Secretary of a military
department,' after `the Secretary concerned','.
(c) EFFECTIVE DATE- The amendments made by subsections (a) and (b) shall
take effect as of October 1, 1998, and shall apply with respect to releases
from active duty for retirement on or after that date from service in the
commissioned Regular Corps of the Public Health Service or for service as a
commissioned officer of the National Oceanic and Atmospheric Administration on
the active list, as the case may be.
TITLE VII--HEALTH CARE
Subtitle A--TRICARE Program
SEC. 701. IMPROVEMENT OF TRICARE BENEFITS AND MANAGEMENT.
(a) IMPROVEMENT OF TRICARE PROGRAM- (1) Chapter 55 of title 10, United
States Code, is amended by inserting after section 1097a the following:
`Sec. 1097b. TRICARE: benefits and services
`(a) COMPARABILITY TO FEHBP BENEFITS- The Secretary of Defense shall, to
the maximum extent practicable, ensure that the health care coverage available
through the TRICARE program is substantially similar to the health care
coverage available under similar health benefits plans offered under the
Federal Employees Health Benefits program established under chapter 89 of
title 5.
`(b) PORTABILITY- The Secretary of Defense shall provide that any covered
beneficiary enrolled in the TRICARE program may receive benefits under that
program at facilities that provide benefits under that program throughout the
various regions of that program.
`(c) ACCESS- (1) The Secretary of Defense shall, to the maximum extent
practicable, minimize the authorization or certification requirements imposed
upon covered beneficiaries under the TRICARE program as a condition of access
to benefits under that program.
`(2) The Secretary of Defense shall, to the maximum extent practicable,
utilize practices for processing claims under the TRICARE program that are
similar to the best industry practices for processing claims for health care
services in a simplified and expedited manner. To the maximum extent
practicable, such practices shall include electronic processing of claims.
`(d) CONSULTATION REQUIREMENT- The Secretary of Defense shall carry out
the responsibilities under this section after consultation with the other
administering Secretaries.
`Sec. 1097c. TRICARE: 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--
`(A) the amount equal to the local usual and customary charge for the
service in the service area (as determined by the Secretary) in which the
service is provided; or
`(B) the amount equal to 115 per cent 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 costs of health care services described in paragraph (2) that
are incurred by the facility on behalf of a covered beneficiary under that
program.
`(2) The Secretary of Defense shall prescribe regulations for the
administration of this subsection. The regulations shall set forth the method
to be used for the computation of the reasonable costs of inpatient,
outpatient, and other health care services. The method of computation may
be--
`(A) a method that is based on--
`(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: benefits and services.
`1097c. TRICARE: financial management.'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall take
effect one year after the date of the enactment of this Act.
(c) REPORT ON IMPLEMENTATION- (1) Not later than 6 months after the date
of the enactment of this Act, the Secretary of Defense, in consultation with
the other administering Secretaries, shall submit to Congress a report
assessing the effects of the implementation of the requirements and
authorities set forth in sections 1097b and 1097c 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.
SEC. 702. 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.
`(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) 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--
`(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.
`(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) 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. 703. SENSE OF CONGRESS REGARDING AUTOMATIC ENROLLMENT OF
MEDICARE-ELIGIBLE BENEFICIARIES IN THE TRICARE SENIOR PRIME DEMONSTRATION
PROGRAM.
It is the sense of Congress that--
(1) any person who is enrolled in a managed health care program of the
Department of Defense where the TRICARE Senior Prime demonstration program
is implemented and who attains eligibility for medicare should be
automatically authorized to enroll in the TRICARE Senior Prime demonstration
program; and
(2) the Secretary of Defense, in coordination with the other
administering Secretaries referred to in section 1072(3) of title 10, United
States Code, should modify existing policies and procedures for the TRICARE
Senior Prime demonstration program as necessary to permit the automatic
enrollment.
SEC. 704. TRICARE BENEFICIARY ADVOCATES.
(a) ESTABLISHMENT OF POSITIONS- The Secretary of Defense shall require in
regulations that--
(1) each lead agent under the TRICARE program--
(A) designate a person to serve full-time as a beneficiary advocate
for TRICARE beneficiaries; and
(B) provide for toll-free telephone communication between TRICARE
beneficiaries and the beneficiary advocate; and
(2) the commander of each medical care facility under chapter 55 of
title 10, United States Code, designate a person to serve, as a primary or
collateral duty, as beneficiary advocate for TRICARE beneficiaries served at
that facility.
(b) DUTIES- The Secretary shall prescribe the duties of the position of
beneficiary advocate in the regulations.
(c) INITIAL DESIGNATIONS- Each beneficiary advocate required under the
regulations shall be designated not later than January 15, 2000.
Subtitle B--Other Matters
SEC. 711. CARE AT FORMER UNIFORMED SERVICES TREATMENT FACILITIES FOR ACTIVE
DUTY MEMBERS STATIONED AT CERTAIN REMOTE LOCATIONS.
(a) AUTHORITY- 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 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 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
care may not exceed the amounts allowable under the TRICARE Standard plan for
the same care.
SEC. 712. ONE-YEAR EXTENSION OF CHIROPRACTIC HEALTH CARE DEMONSTRATION
PROGRAM.
Section 731(b) of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 10 U.S.C. 1092 note) is amended by striking `1999'
and inserting `2000'.
SEC. 713. 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 contracts entered into under this chapter,
the contracts shall be administered so as to implement at the beginning of a
fiscal year all changes in benefits and administration that are to be made for
that fiscal year. However, the Secretary of Defense may implement any such
change after the fiscal year begins if the Secretary determines that the change
would significantly improve the provision of care to eligible beneficiaries
under this chapter or that the later implementation of the change would, for
other reasons, result in a more effective provision of care to eligible
beneficiaries.'.
SEC. 714. 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 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--
`(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 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. 715. AUTHORITY TO ORDER RESERVE COMPONENT MEMBERS TO ACTIVE DUTY FOR
HEALTH SURVEILLANCE STUDIES.
Section 12301 of title 10, United States Code, is amended by adding at the
end the following new subsection:
`(h) When authorized by the Secretary of Defense, the Secretary concerned
may order a member of a reserve component to active duty, with the consent of
that member, for a Department of Defense health surveillance study required
under other authority, including any associated medical evaluation of the
member. The Secretary concerned may, with the member's consent, retain the
member on active duty for medical treatment authorized by law for a condition
associated with the study or evaluation. A member of the Army National Guard
of the United States or of the Air National Guard of the United States may not
be ordered to active duty under this subsection without the consent of the
governor or other appropriate authority of the State concerned.'.
SEC. 716. CONTINUATION OF PREVIOUSLY PROVIDED CUSTODIAL CARE BENEFITS FOR
CERTAIN CHAMPUS BENEFICIARIES.
(a) CONTINUATION OF COVERAGE- Subject to subsection (c), the Secretary of
Defense may continue 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, otherwise excluded by
regulations implementing section 1077(b)(1) of such title, on behalf of
beneficiaries described in subsection (b).
(b) COVERED BENEFICIARIES- Beneficiaries referred to in subsection (a) are
covered beneficiaries (as defined in section 1072 of such title) who, prior to
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.
(c) SECRETARIAL AUTHORITY- The authority provided by subsection (a) is
subject to a case-by-case determination by the Secretary that discontinuation
of payment for domiciliary or custodial care services or transition under the
case management program authorized by such section 1079(a)(17) to alternative
programs and services would be inadequate to meet the needs of, and unjust to,
the beneficiary.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
SEC. 801. 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. 802. MENTOR-PROTEGE PROGRAM IMPROVEMENTS.
(a) PROGRAM PARTICIPATION TERM- Subsection (e)(2) of section 831 of the
National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2302 note)
is amended to read as follows:
`(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';
(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
a period; 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) FIVE-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, 2004.
`(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- 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 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.
`(2) 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.'.
(e) REPEAL OF LIMITATION ON AVAILABILITY OF FUNDING- Subsection (n) of
such section is repealed.
(f) EFFECTIVE 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, 1998.
SEC. 803. REPORT ON TRANSITION OF SMALL BUSINESS INNOVATION RESEARCH PROGRAM
ACTIVITIES INTO DEFENSE ACQUISITION PROGRAMS.
(a) REQUIREMENT FOR REPORT- Not later than March 1, 2000, the Secretary of
Defense shall submit to Congress a report on the status of the implementation
of the Small Business Innovation Research program transition plan that was
developed pursuant to section 818 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
2089).
(b) CONTENT OF REPORT- The report shall include the following:
(1) The status of the implementation of each of the provisions in the
transition plan.
(2) For any provision of the plan that has not been fully implemented as
of the date of the report--
(A) the reasons for the provision not having been fully implemented;
and
(B) a schedule, with specific milestones, for the implementation of
the provision.
SEC. 804. AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE PROJECTS.
(a) GAO EXAMINATION OF RECORDS- 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 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 official referred to in subsection (a) who is entering into an
agreement described in paragraph (1) may waive the applicability of the
requirement in that paragraph to the agreement if the official 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 official 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.
`(3) 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.'.
(b) TECHNICAL CORRECTION- Subsection (b)(1) of such section is amended by
striking `(e)(2) and (e)(3) of such section 2371' and inserting `(e)(1)(B) and
(e)(2) of such section 2371'.
SEC. 805. PILOT PROGRAM FOR COMMERCIAL SERVICES.
(a) PROGRAM AUTHORIZED- The Secretary of Defense may carry out a pilot
program to treat procurements of commercial services as procurements of
commercial items.
(b) DESIGNATION OF PILOT PROGRAM CATEGORIES- The 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) Transportation, travel and relocation 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 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) 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.
(f) 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;
(C) the number of Federal Government personnel that are necessary to
enter into and administer such contracts; and
(D) the impact of the program on levels of contracting with small
business concerns, small business concerns owned and controlled by socially
and economically disadvantaged individuals, and small business concerns
owned and controlled by women.
(2) The Secretary shall submit the report--
(A) 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
(e)(1) does not cover three full fiscal years, not later than 90 days after
the end of the designated period.
(g) 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 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.
(h) DEFINITIONS- In this section:
(A) The term `small business concern' means a business concern that
meets the applicable size standards prescribed pursuant to section 3(a) of
the Small Business Act (15 U.S.C. 632(a)).
(B) The term `small business concern owned and controlled by socially
and economically disadvantaged individuals' has the meaning given the term
in section 8(d)(3)(C) of the Small Business Act (15 U.S.C.
637(d)(3)(C)).
(C) The term `small business concern owned and controlled by women' has
the meaning given the term in section 8(d)(3)(D) of the Small Business Act
(15 U.S.C. 637(d)(3)(D)).
SEC. 806. APPLICABILITY OF COMPETITION REQUIREMENTS TO PURCHASES FROM A
REQUIRED SOURCE.
(a) CONDITIONS FOR COMPETITION- Chapter 141 of title 10, United States
Code, is amended by adding at the end the following:
`Sec. 2410n. Products of Federal Prison Industries: procedural
requirements
`(a) MARKET RESEARCH- Before purchasing a product listed in the latest
edition of the Federal Prison Industries catalog under section 4124(d) of
title 18, the Secretary of Defense shall conduct market research to determine
whether the Federal Prison Industries product is comparable in price, quality,
and time of delivery to products available from the private sector.
`(b) LIMITED COMPETITION REQUIREMENT- If the Secretary determines that a
Federal Prison Industries product is not comparable in price, quality, and
time of delivery to products available from the private sector, the Secretary
shall use competitive procedures for the procurement of the product. In
conducting such a competition, the Secretary shall consider a timely offer
from Federal Prison Industries for award in accordance with the specifications
and evaluation factors specified in the solicitation.
`(c) EXEMPTIONS- Notwithstanding any other provision of law, the Secretary
shall not be required--
(1) to purchase from Federal Prison Industries any product that
is--
(A) integral to, or embedded in, a product that is not available from
Federal Prison Industries; or
(B) a national security system; or
(2) to make a purchase from Federal Prison Industries in a total amount
that is less than the micropurchase threshold, as defined in section 32(f)
of the Office of Federal Procurement Policy Act (41 U.S.C. 428(f)).
`(d) NATIONAL SECURITY SYSTEM DEFINED- In this section, the term `national
security system' means any telecommunications or information system operated
by the United States Government, the function, operation, or use of which--
`(1) involves intelligence activities;
`(2) involves cryptologic activities related to national security;
`(3) involves command and control of military forces;
`(4) involves equipment that is an integral part of a weapon or a weapon
system; or
`(5) is critical to the direct fulfillment of military or intelligence
missions, except for a system that is to be used for routine administrative
and business applications (including payroll, finance, logistics, and
personnel management applications).'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by adding at the end the following:
`2410n. Products of Federal Prison Industries: procedural
requirements.'.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A--General
SEC. 901. NUMBER OF MANAGEMENT HEADQUARTERS AND HEADQUARTERS SUPPORT
ACTIVITIES PERSONNEL.
(a) REVISED LIMITATION- Section 130a of title 10, United States Code, is
amended--
(1) in subsection (a), by striking `75 percent' and inserting `65
percent'; and
(2) in subsection (c), by striking `October 1, 1997' and inserting
`October 1, 1989'.
(b) REPEAL OF PHASED REDUCTION REQUIREMENT- Subsection (b) of such section
is repealed.
(c) CONFORMING REPEAL- Subsection (g) of such section is repealed.
(d) TECHNICAL AMENDMENT- Subsections (c), (d), (e), and (f) are
redesignated as subsections (b), (c), (d), and (e), respectively.
SEC. 902. 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:
`(5) Any recommendations that the commander considers appropriate
regarding--
`(A) the development or procurement of advanced technologies, systems,
or weapons or systems platforms, or other changes in doctrine,
organization, training, materiel, leadership, personnel, or the allocation
of resources, as a result of joint warfighting experimentation
activities;
`(B) the elimination of unnecessary equipment and redundancies in
capabilities and forces across the armed forces; and
`(C) the fielding of advanced technologies across the armed forces for
purposes of the development of joint operational concepts or the conduct
of joint warfighting experiments.
`(6) A description of any actions taken by the Secretary of Defense to
implement the recommendations of the commander.'.
SEC. 903. ACCEPTANCE OF GUARANTEES IN CONNECTION WITH GIFTS TO THE UNITED
STATES MILITARY ACADEMY.
(a) AUTHORITY- Chapter 403 of title 10, United States Code, is amended by
adding at the end the following new section:
`Sec. 4359. Acceptance of guarantees with gifts for major projects
`(a) ACCEPTANCE AUTHORITY- The Secretary of the Army may, subject to
subsection (c), accept from a donor a qualified guarantee for the completion
of a major project for the benefit of the Academy.
`(b) OBLIGATION AUTHORITY- Funds available for a project for which a
guarantee has been accepted under this section 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) 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 of any improvement to real 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 a person in connection with the person's 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
`(i) an unconditional 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--
`(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 headquartered in the United States; and
`(B) 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 an investment company (as
defined in section 3 of the Investment Company Act of 1940 (15 U.S.C.
80a-3)) that--
`(A) is headquartered in the United States; and
`(B) manages for others the investment of assets in a total amount
considered by the Secretary of the Army to qualify the firm as a major
investment management firm.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by adding at the end the following new item:
`4359. Acceptance of guarantees with gifts for major projects.'.
SEC. 904. MANAGEMENT OF THE CIVIL AIR PATROL.
(a) MANAGEMENT STRUCTURE- Section 9441 of title 10, United States Code, is
amended--
(1) by redesignating subsections (b), (c), and (d), as subsections (c),
(d), and (e), respectively; and
(2) by striking subsection (a) and inserting the following:
`(a) NONMILITARY AUXILIARY OF THE AIR FORCE- The Civil Air Patrol is a
nonmilitary, voluntary civilian auxiliary of the Air Force.
`(b) ADMINISTRATION AND MANAGEMENT- (1) The Civil Air Patrol is
administered by the Chief of Staff of the Air Force under the direction of the
Secretary of the Air Force.
`(2) The headquarters of the Civil Air Patrol, which shall perform
command, control, and administrative functions, is composed of organizational
elements approved by the Secretary of the Air Force in regulations which the
Secretary shall prescribe. The organizational elements shall include, at a
minimum, the following:
`(A) A National Board of Directors composed of members appointed by the
Secretary as follows:
`(i) A majority of the members being appointed from among active and
retired general officers of the Air Force (including the Air Force Reserve
and Air National Guard of the United States) and senior civilian employees
of the Department of the Air Force, and the senior appointed member on
active duty being designated as the Chairman.
`(ii) A minority of the members being appointed from among senior
members of the Civil Air Patrol.
`(B) A National Commander appointed by majority vote of the National
Board of Directors from among civilian volunteer members of the Civil Air
Patrol.
`(C) An Executive Director, a Safety Officer, and an Inspector General,
each of whom is appointed by majority vote of the National Board of
Directors and shall report through the National Board of Directors to the
Secretary of the Air Force.
`(D) Any officers of the Air Force on active duty, other members of the
Air Force, and employees of the Air Force that may be assigned to the staff
of the national headquarters of the Civil Air Patrol.
`(E) Any volunteer members of the Civil Air Patrol, and any employees of
the Civil Air Patrol, that the Executive Director and National Board of
Directors determine are necessary for administering the organization and
ensuring that it is capable of assisting the Air Force in the performance of
its noncombat mission.
`(3) A member of the Regular Air Force, Air Force Reserve, or Air National
Guard serving in a position provided for under paragraph (2) may not receive
any compensation for service other than the pay and allowances to which the
member is otherwise entitled as a member of the armed forces. A member may
serve in such a position notwithstanding any prohibition on participation of
active duty members of the armed forces in the management of non-Federal
entities.
`(4)(A) Except as provided in subsection (e), a member or employee of the
Civil Air Patrol is not, by reason of that membership or employment--
`(i) an employee of the Federal Government; or
`(ii) subject to the provisions of law relating to Federal Government
employment, including any provision of law relating to hours of work,
entitlement to or rates of compensation, leave, unemployment compensation,
or any other Federal employee benefit nor to the ethics laws, conflict of
interests laws, and other laws and regulations governing the conduct of
Federal employees.
`(B) Nothing in subparagraph (A) limits the authority of the Secretary to
prescribe standards applicable to the conduct and behavior of members and
employees of the Civil Air Patrol and to enforce those standards.'.
(b) ADDITIONAL ADMINISTRATIVE CONDITIONS- Section 9441 of such title, as
amended by subsection (a), is further amended by adding at the end the
following:
`(f) FUNDING PROCEDURES- Chapter 63 of title 31 and regulations governing
the provision of appropriated funds to private nonprofit organizations apply
to the furnishing of funds to the Civil Air Patrol under subsections (c) and
(e) or any other provision of law.
`(g) CONDITIONS RELATING TO EXERCISE OF CHARTER POWERS- The exercise of
the powers granted to the Civil Air Patrol in section 40304 of title 36 is
subject to the approval of the Secretary of the Air Force and applicable
policies, regulations, or instructions prescribed by the Secretary.'.
(c) TECHNICAL AMENDMENTS- (1) Subsection (c) of such section, as
redesignated by subsection (a)(1), is amended by inserting `SUPPORT BY AIR
FORCE- ' after `(c)'.
(2) Subsection (d) of such section, as redesignated by subsection (a)(1),
is amended by inserting `USE FOR NONCOMBAT MISSION- ' after `(d)'.
(3) Subsection (e) of such section, as redesignated by subsection (a)(1),
is amended by inserting `EMPLOYMENT OF AIR FORCE RETIREES- ' after `(e)'.
SEC. 905. 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.'.
SEC. 906. PERMANENT REQUIREMENT FOR QUADRENNIAL DEFENSE REVIEW.
(a) REVIEW REQUIRED- Chapter 2 of title 10, United States Code, is amended
by inserting after section 117 the following:
`Sec. 118. Quadrennial defense review
`(a) REVIEW REQUIRED- The Secretary of Defense, in consultation with the
Chairman of the Joint Chiefs of Staff, shall conduct in each year in which a
President is inaugurated a comprehensive examination of the defense strategy,
force structure, force modernization plans, infrastructure, budget plan, and
other elements of the defense
program and policies with a view toward determining and expressing the
defense strategy of the United States and establishing a revised defense plan
for the ensuing 10 years and a revised defense plan for the ensuing 20 years.
`(b) CONSIDERATION OF REPORTS OF NATIONAL DEFENSE PANEL- In conducting the
review, the Secretary shall take into consideration the reports of the
National Defense Panel submitted under section 184(d) of this title.
`(c) REPORT TO CONGRESS- The Secretary shall submit a report on each
review to the Committees on Armed Services of the Senate and the House of
Representatives 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 defense strategy of the United States and the force structure best
suited to implement that strategy, expressed in terms of size,
characteristics, and organization, or in other terms suitable for
characterizing the force structure.
`(2) The size, characteristics, and organization of an alternative force
structure that is suited for implementing the strategy but is significantly
larger than the force structure discussed under paragraph (1), together with
the benefits and risks associated with the larger force structure.
`(3) The size, characteristics, and organization of an alternative force
structure that is suited for implementing the strategy but is significantly
smaller than the force structure discussed under paragraph (1), together
with the benefits and risks associated with the smaller force
structure.
`(4) The threats examined for purposes of the review and the scenarios
developed in the examination of such threats.
`(5) The assumptions used in the review, including assumptions relating
to the cooperation of allies and mission-sharing, levels of acceptable risk,
warning times, and intensity and duration of conflict.
`(6) The effect on the force structure of preparations for and
participation in peace operations and military operations other than
war.
`(7) The effect on the force structure of the utilization by the armed
forces of technologies anticipated to be available for the ensuing 10 years
and technologies anticipated to be available for the ensuing 20 years,
including precision guided munitions, stealth, night vision, digitization,
and communications, and the changes in organization, doctrine, and
operational concepts that would result from the utilization of such
technologies.
`(8) The manpower and sustainment policies required under the defense
strategy to support engagement in conflicts lasting more than 120
days.
`(9) The anticipated roles and missions of the reserve components in the
defense strategy and the strength, capabilities, and equipment necessary to
assure that the reserve components can capably discharge those roles and
missions.
`(10) The appropriate ratio of combat forces to support forces (commonly
referred to as the `tooth-to-tail' ratio) under the defense strategy,
including, in particular, the appropriate number and size of headquarters
units and Defense Agencies for that purpose.
`(11) The air-lift and sea-lift capabilities required to support the
defense strategy.
`(12) The forward presence, pre-positioning, and other anticipatory
deployments necessary under the defense strategy for conflict deterrence and
adequate military response to anticipated conflicts.
`(13) The extent to which resources must be shifted among two or more
theaters under the defense strategy in the event of conflict in such
theaters.
`(14) The advisability of revisions to the Unified Command Plan as a
result of the defense strategy.
`(15) Any other matter the Secretary considers appropriate.'.
(b) NATIONAL DEFENSE PANEL- Chapter 7 of such title is amended by adding
at the end the following:
`Sec. 184. National Defense Panel
`(a) ESTABLISHMENT- Not later than January 1 of each year immediately
preceding a year in which a President is to be inaugurated, the Secretary of
Defense shall establish a nonpartisan, independent panel to be known as the
National Defense Panel. The Panel shall have the duties set forth in this
section.
`(b) MEMBERSHIP AND CHAIRMAN- (1) The Panel shall be composed of nine
members appointed from among persons in the private sector who are recognized
experts in matters relating to the national security of the United States, as
follows:
`(A) Three members appointed by the Secretary of Defense.
`(B) Three members appointed by the Chairman of the Committee on Armed
Services of the Senate, in consultation with the ranking member of the
committee.
`(C) Three members appointed by the Chairman of the Committee on Armed
Services of the House of Representatives, in consultation with the ranking
member of the committee.
`(2) The Secretary of Defense, in consultation with the chairmen and
ranking members of the Committees on Armed Services of the Senate and the
House of Representatives, shall designate one of the members to serve as the
chairman of the Panel
`(c) DUTIES- (1) The Panel shall--
`(A) assess the matters referred to in paragraph (2);
`(B) assess the current and projected strategic environment, together
with the progress made by the armed forces in transforming to meet the
environment;
`(C) identify the most dangerous threats to the national security
interests of the United States that are to be countered by the United States
in the ensuing 10 years and those that are to be encountered in the ensuing
20 years;
`(D) identify the strategic and operational challenges for the armed
forces to address in order to
prepare to counter the threats identified under subparagraph (C);
`(i) a recommendation on the priority that should be accorded to each
of the strategic and operational challenges identified under subparagraph
(D); and
`(ii) a recommendation on the priority that should be accorded to the
development of each joint capability needed to meet each such challenge;
and
`(F) identify the issues that the Panel recommends for assessment during
the next quadrennial review to be conducted under section 118 of this
title.
`(2) The matters to be assessed under paragraph (1)(A) are the defense
strategy, force structure, force modernization plans, infrastructure, budget
plan, and other elements of the defense program and policies established since
the previous quadrennial defense review under section 118 of this title.
`(3) The Panel shall conduct the assessments under paragraph (1) with a
view toward recommending--
`(A) the most critical changes that should be made to the defense
strategy of the United States for the ensuing 10 years and the most critical
changes that should be made to the defense strategy of the United States for
the ensuing 20 years; and
`(B) any changes considered appropriate by the Panel regarding the major
weapon systems programmed for the force, including any alternatives to those
weapon systems.
`(d) REPORT- (1) The Panel, in the year that it is conducting an
assessment under subsection (c), shall submit to the Secretary of Defense and
to the Committees on Armed Services of the Senate and the House of
Representatives two reports on the assessment, including a discussion of the
Panel's activities, the findings and recommendations of the Panel, and any
recommendations for legislation that the Panel considers appropriate, as
follows:
`(A) A status report and an outline of current activities not later than
July 1 of the year.
`(B) A final report not later than December 1 of the year.
`(2) Not later than December 15 of the year in which the Secretary
receives a final report under paragraph (1)(B), the Secretary shall submit to
the committees referred to in subsection (b) a copy of the report together
with the Secretary's comments on the report.
`(e) INFORMATION FROM FEDERAL AGENCIES- The Panel may secure directly from
the Department of Defense and any of its components and from any other Federal
department and agency such information as the Panel considers necessary to
carry out its duties under this section. The head of the department or agency
concerned shall ensure that information requested by the Panel under this
subsection is promptly provided.
`(f) PERSONNEL MATTERS- (1) Each member of the Panel shall be compensated
at a rate equal to the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under section 5315 of title
5 for each day (including travel time) during which the member is engaged in
the performance of the duties of the Panel.
`(2) The members of the Panel 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 while away from their homes or
regular places of business in the performance of services for the Panel.
`(3)(A) The chairman of the Panel may, without regard to the civil service
laws and regulations, appoint and terminate an executive director and a staff
if the Panel determines that an executive director and staff are necessary in
order for the Panel to perform its duties effectively. The employment of an
executive director shall be subject to confirmation by the Panel.
`(B) The chairman may fix the compensation of the executive director
without regard to the provisions of chapter 51 and subchapter III of chapter
53 of title 5 relating to classification of positions and General Schedule pay
rates, except that the rate of pay for the executive director may not exceed
the rate payable for level V of the Executive Schedule under section 5316 of
such title.
`(4) Any Federal Government employee may be detailed to the Panel without
reimbursement of the employee's agency, and such detail shall be without
interruption or loss of civil service status or privilege. The Secretary shall
ensure that sufficient personnel are detailed to the Panel to enable the Panel
to carry out its duties effectively.
`(5) To the maximum extent practicable, the members and employees of the
Panel shall travel on military aircraft, military ships, military vehicles, or
other military conveyances when travel is necessary in the performance of a
duty of the Panel, except that no such aircraft, ship, vehicle, or other
conveyance may be scheduled primarily for the transportation of any such
member or employee when the cost of commercial transportation is less
expensive.
`(g) ADMINISTRATIVE PROVISIONS- (1) The Panel 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.
`(2) The Secretary shall furnish the Panel any administrative and support
services requested by the Panel.
`(3) The Panel may accept, use, and dispose of gifts or donations of
services or property.
`(h) PAYMENT OF PANEL EXPENSES- The compensation, travel expenses, and per
diem allowances of members and employees of the Panel shall be paid out of
funds available to the Department of Defense for the payment of compensation,
travel allowances, and per diem allowances, respectively, of civilian
employees of the Department. The other expenses of the Panel shall be paid out
of funds available to the Department for the payment of similar expenses
incurred by the Department.
`(i) TERMINATION- The Panel shall terminate at the end of the year
following the year in which the Panel submits its final report under
subsection (d)(1)(B). For the period that begins 90 days after the date of
submittal of the report, the activities and staff of the panel shall
be reduced to a level that the Secretary of Defense considers sufficient to
continue the availability of the panel for consultation with the Secretary of
Defense and with the Committees on Armed Services of the Senate and the House of
Representatives.'.
(c) CLERICAL AMENDMENTS- (1) The table of sections at the beginning of
chapter 2 of title 10, United States Code, is amended by inserting after the
item relating to section 117 the following:
`118. Quadrennial defense review.'.
(2) The table of sections at the beginning of chapter 7 of such title is
amended by adding at the end the following:
`184. National Defense Panel.'.
Subtitle B--Commission To Assess United States National Security Space
Management and Organization
SEC. 911. 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' (hereafter in this subtitle referred to as the `Commission').
(b) COMPOSITION- The Commission shall be composed of nine members
appointed by the Secretary of Defense. In selecting individuals for
appointment to the Commission, the Secretary should consult with--
(1) the Speaker of the House of Representatives concerning the
appointment of three of the members of the Commission;
(2) the majority leader of the Senate concerning the appointment of
three of the members of the Commission; and
(3) the minority leader of the House of Representatives and the minority
leader of the Senate concerning the appointment of three of the members of
the Commission.
(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 Speaker of the House of Representatives, after
consultation with the majority leader of the Senate and the minority leaders
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 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. 912. DUTIES OF COMMISSION.
(a) REVIEW OF UNITED STATES NATIONAL SECURITY SPACE MANAGEMENT AND
ORGANIZATION- The Commission shall, with a focus on changes to be implemented
over the near-term, medium-term, and long-term that would strengthen United
States national security, review the following:
(1) The relationship between the intelligence and nonintelligence
aspects of national security space (so-called `white space' and `black
space'), and the potential benefits of a partial or complete merger of the
programs, projects, or activities that are differentiated by the two
aspects.
(2) The 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) Any other change to the existing organizational structure of the
Department of Defense for national security space management and
organization.
(3) The benefits of establishing a new major force program, or other
budget mechanism, for managing national security space funding within the
Department of Defense.
(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. 913. REPORT.
The Commission shall, not later than six months after the date of its
first meeting, submit to Congress a report on its findings and conclusions.
SEC. 914. 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. 915. COMMISSION PROCEDURES.
(a) MEETINGS- The Commission shall meet at the call of the Chairman.
(b) QUORUM- (1) Five members of the Commission shall constitute a quorum
other than for the purpose of holding hearings.
(2) The Commission shall act by resolution agreed to by a majority of the
members of the Commission.
(c) COMMISSION- The Commission may establish panels composed of less than
full membership of the Commission for the purpose of carrying out the
Commission's duties. The actions of each such panel shall be subject to the
review and control of the Commission. Any findings and determinations made by
such a panel shall not be considered the findings and determinations of the
Commission unless approved by the Commission.
(d) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMISSION- Any member or agent of
the Commission may, if authorized by the Commission, take any action which the
Commission is authorized to take under this subtitle.
SEC. 916. 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. 917. 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.
SEC. 918. 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. 919. TERMINATION OF THE COMMISSION.
The Commission shall terminate 60 days after the date of the submission of
its report under section 913.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS- (1) Upon determination by the
Secretary of Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made available to the
Department of Defense in this division for fiscal year 2000 between any such
authorizations for that fiscal year (or any subdivisions thereof). Amounts of
authorizations so transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) The total amount of authorizations that the Secretary may transfer
under the authority of this section may not exceed $2,000,000,000.
(b) LIMITATIONS- The authority provided by this section to transfer
authorizations--
(1) may only be used to provide authority for items that have a higher
priority than the items from which authority is transferred; and
(2) may not be used to provide authority for an item that has been
denied authorization by Congress.
(c) EFFECT ON AUTHORIZATION AMOUNTS- A transfer made from one account to
another under the authority of this section shall be deemed to increase the
amount authorized for the account to which the amount is transferred by an
amount equal to the amount transferred.
(d) NOTICE TO CONGRESS- The Secretary shall promptly notify Congress of
each transfer made under subsection (a).
SEC. 1002. SECOND BIENNIAL FINANCIAL MANAGEMENT IMPROVEMENT PLAN.
The second biennial financial management improvement plan submitted to
Congress under section 2222 of title 10, United States Code, shall include the
following matters:
(1) An inventory of the finance and accounting systems and data feeder
systems of the Department of Defense and, for each such system--
(A) a statement regarding whether the system complies with the
requirements applicable to the system under sections 3512, 3515, and 3521
of title 31, United States Code;
(B) a statement regarding whether the system is to be retained,
consolidated, or eliminated;
(C) 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)--
(i) 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
(ii) to institute appropriate internal controls that, among other
benefits, ensure the integrity of the data in the system (or a
consolidated or successor system);
(D) 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; and
(E) a list of the officials in the Department of Defense who are
responsible for ensuring that actions referred to in subparagraphs (C) and
(D) are taken in a timely manner.
(2) 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 listed in the inventory under
paragraph (1) 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--
(A) 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
(B) includes appropriate internal controls that, among other benefits,
ensure the integrity of the data in the system.
(3) 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:
(A) 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.
(B) A description of the education that is necessary for a financial
manager in a senior grade to be knowledgeable in--
(i) 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;
(ii) the strategic planning process and how the process relates to
resource management;
(iii) budget operations and analysis systems;
(iv) management analysis functions and evaluation; and
(v) the principles, methods, techniques, and systems of financial
management.
(C) The advantages and disadvantages of establishing and operating a
consolidated Department of Defense school that instructs in the principles
referred to in subparagraph (B)(v).
(D) The applicable requirements for formal civilian
education.
(4) A detailed plan (including performance objectives and milestones and
standards for measuring progress toward attainment of the objectives)
for--
(A) improving the internal controls and internal review processes of
the Defense Finance and Accounting Service to provide reasonable
assurances that--
(i) obligations and costs are in compliance with the applicable
laws;
(ii) funds, property, and other assets are safeguarded against
waste, loss, unauthorized use, and misappropriation; and
(iii) 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;
(B) ensuring that the Defense Finance and Accounting Service
has--
(i) a single standard transaction general ledger;
(ii) an integrated data base for finance and accounting functions;
and
(iii) automated cost, performance, and other output
measures;
(C) providing a single, consistent set of policies and procedures for
financial transactions throughout the Department of Defense;
(D) ensuring compliance with applicable policies and procedures for
financial transactions throughout the Department of Defense; and
(E) reviewing safeguards for preservation of assets and verifying the
existence of assets.
SEC. 1003. 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 subsistence items, but
may not be more than 10 days after the date of receipt of the invoice. 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. 1004. AUTHORITY TO REQUIRE USE OF ELECTRONIC TRANSFER OF FUNDS FOR
DEPARTMENT OF DEFENSE PERSONNEL PAYMENTS.
(a) AUTHORITY- Chapter 165 of title 10, United States Code, is amended by
adding at the end the following:
`Sec. 2784. Payments to personnel: electronic transfers of funds
`(a) AUTHORITY- The Secretary of Defense may require that pay, allowances,
retired or retainer pay, and any other payments out of funds available to the
Department of Defense to or for members of the armed forces, former members of
the armed forces, employees or former employees of the Department of Defense,
or dependents of such personnel be made by electronic transfer of funds. For
any such requirement, the Secretary of Defense may prescribe in regulations
any exceptions that the Secretary considers appropriate.
`(b) RELATIONSHIP TO OTHER LAW- The authority under subsection (a) is
independent of the authority provided under section 3332 of title 31 and may
be exercised without regard to any exception provided under that section.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by adding at the end the following:
`2784. Payments to personnel: electronic transfers of funds.'.
SEC. 1005. PAYMENT OF FOREIGN LICENSING FEES OUT OF PROCEEDS OF SALES OF
MAPS, CHARTS, AND NAVIGATIONAL BOOKS.
(a) IN GENERAL- Subchapter II of chapter 22 of title 10, United States
Code, is amended--
(1) by redesignating section 456 as section 457; and
(2) by inserting after section 455 the following new section 456:
`Sec. 456. Maps, charts, and navigational publications: use of proceeds of
sale for foreign licensing and other fees
`(a) AUTHORITY TO PAY FOREIGN LICENSING FEES- The Secretary of Defense may
pay, out of the proceeds of sales of maps, charts, and other publications of
the National Imagery and Mapping Agency (which are hereby made available for
the purpose), any licensing or other fees imposed by foreign countries or
international organizations for the acquisition or use of data or products by
the Agency.
`(b) DISPOSITION OF OTHER PROCEEDS- Any proceeds of sales not paid under
the authority in subsection (a) shall be deposited by the Secretary of Defense
in the Treasury as miscellaneous receipts.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of that
subchapter is amended by striking the item relating to section 456 and
inserting the following new items:
`456. Maps, charts, and navigational publications: use of proceeds of
sale for foreign licensing and other fees.
`457. Civil actions barred.'.
SEC. 1006. AUTHORITY FOR DISBURSING OFFICERS TO SUPPORT USE OF AUTOMATED
TELLER MACHINES ON NAVAL VESSELS FOR FINANCIAL TRANSACTIONS.
Section 3342(a) of title 31, United States Code, is amended--
(1) by striking `and' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3)(B) and inserting
`; and'; and
(3) by adding at the end the following new paragraph (4):
`(4) with respect to automated teller machines on naval vessels--
`(A) provide operating funds to the automated teller machines;
and
`(B) accept, for safekeeping, deposits and transfers of funds made
through the automated teller machines.'.
SEC. 1007. CENTRAL TRANSFER ACCOUNT FOR COMBATING TERRORISM.
(a) AMOUNT FOR FISCAL YEAR 2000- (1) Of the amounts authorized to be
appropriated under this Act for the Department of Defense for fiscal year
2000, $1,954,430,000 shall be available from the sources and in the amounts
specified in paragraph (2) for the missions of the Department of Defense
related to combating terrorism inside and outside the United States.
(2) The amounts and sources referred to in paragraph (1) are as
follows:
(A) $229,820,000 of the total amount authorized to be appropriated
pursuant to title I for fiscal year 2000.
(B) $212,510,000 of the total amount authorized to be appropriated
pursuant to title II for fiscal year 2000.
(C) $1,512,100,000 of the total amount authorized to be appropriated
pursuant to title III for fiscal year 2000 (except for the amount authorized
to be appropriated under section 301(a)(25)).
(b) TRANSFER- (1) The amounts made available under subsection (a) from the
authorizations of appropriations referred to in that subsection shall be
transferred to the amount authorized to be appropriated under section
301(a)(25).
(2) The transfer authority provided in this section is in addition to the
transfer authority provided in section 1001.
(c) BUDGET PROPOSALS FOR FISCAL YEARS AFTER FISCAL YEAR 2000- The budget
of the United States Government submitted to Congress under section 1105 of
title 31,
United States Code, for each fiscal year after fiscal year 2000 shall set
forth separately for a single account the amount requested for the missions of
the Department of Defense related to combating terrorism inside and outside the
United States.
SEC. 1008. 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 authorized to be appropriated under section 301(a)(1)
that is available for contributions for the NATO common-funded military
budget under section 311.
(3) The amount authorized to be appropriated under section 201 that is
available for contribution for the NATO common-funded civil budget under
section 211.
(4) The total amount of the contributions authorized to be made under
section 2501.
(c) 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.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. 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:
`Sec. 7300. Contracts for nuclear ships: sales of naval shipyard articles
and services to contractors
`The conditions set forth in section 2208(j)(2) of this title and
subsections (a)(1) and (c)(1) of section 2553 of this title shall not apply to
a sale of articles or services of a naval shipyard that is made to a
contractor under a Department of Defense contract for a nuclear ship in order
to facilitate the contractor's fulfillment of that contract.'.
(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:
`7300. Contracts for nuclear ships: sales of naval shipyard articles and
services to contractors.'.
SEC. 1012. PERIOD OF DELAY AFTER NOTICE OF PROPOSED TRANSFER OF VESSEL
STRICKEN FROM NAVAL VESSEL REGISTER.
Section 7306(d) of title 10, United States Code, is amended--
(2) by striking `(A)' and inserting `(1)'; and
(3) by striking `(B)' and all that follows and inserting the
following:
`(2) following the date on which such notice is sent to Congress, there
has elapsed 60 days on which at least one of the Houses of Congress has been
in session.'.
Subtitle C--Miscellaneous Report Requirements and Repeals
SEC. 1021. PRESERVATION OF CERTAIN DEFENSE REPORTING REQUIREMENTS.
(a) PRESERVATION- Any provision of law specified in subsections (b)
through (i) that requires the submittal to Congress (or any committee of the
Congress) of any annual, semiannual, or other regular periodic report shall
remain in effect with respect to that requirement (notwithstanding any other
provision of law) in accordance with the terms of the specified provision of
law.
(b) TITLE 10- Subsection (a) applies with respect to the following
provisions of title 10, United States Code, listed in the Clerk's Report
(defined in subsection (j)):
(1) Sections 113(c) and 113(j), listed on page 57 of the Clerk's
Report.
(2) Section 115a(a), listed on page 57 of the Clerk's Report as 10
U.S.C. 115(b)(3)(A).
(3) Section 139(f), listed on page 62 of the Clerk's Report as 10 U.S.C.
138(g)(1).
(4) Section 221, listed on page 64 of the Clerk's Report as 10 U.S.C.
114.
(5) Section 226, specified on page 149 of the Clerk's Report as section
1002 of Public Law 102-190.
(6) Section 662(b), listed on page 58 of the Clerk's Report.
(7) Section 1464(c), listed on page 60 of the Clerk's Report.
(8) Section 2006(e)(3), listed on page 76 of the Clerk's Report.
(9) Section 2010, listed on page 57 of the Clerk's Report.
(10) Section 2011(e), listed on page 56 of the Clerk's Report as Pub. L.
102-190, Sec. 1052(a).
(11) Section 2208(q), listed on page 64 of the Clerk's Report as 10
U.S.C. 2208(i).
(12) Section 2391(c), listed on page 62 of the Clerk's Report.
(13) Section 2431(a), listed on page 63 of the Clerk's Report.
(14) Section 2432, listed on page 63 of the Clerk's Report.
(15) Section 2433, listed on page 63 of the Clerk's Report as 10 U.S.C.
2433(e)(1) and 2433(e)(2)(A).
(16) Section 2461(g), listed on page 62 of the Clerk's Report as 10
U.S.C. 2304 note.
(17) Section 2662(b), listed on pages 69, 74, and 76 of the Clerk's
Report.
(18) Section 2687(b), listed on page 62 of the Clerk's Report.
(19) Section 2706, listed on page 60 of the Clerk's Report.
(20) Section 2859, listed on page 58 of the Clerk's Report.
(21) Section 2902(g)(2), specified on page 148 of the Clerk's Report as
section 1804(a) of Public Law 101-510.
(22) Section 10541(a), listed on page 57 of the Clerk's Report as 10
U.S.C. 115(a).
(23) Section 12302(d), listed on page 14 of the Clerk's Report as 10
U.S.C. 673(d).
(24) Section 16137, listed on page 59 of the Clerk's Report as 10 U.S.C.
2137.
(c) TITLE 37- Subsection (a) applies with respect to sections 1008(a) and
1008(b) of title 37, United States Code, listed on page 14 of the Clerk's
Report (defined in subsection (j)).
(d) NATIONAL DEFENSE AND MILITARY CONSTRUCTION AUTHORIZATION ACTS-
Subsection (a) applies with respect to provisions of law listed in the Clerk's
Report (defined in subsection (j)), as follows:
(1) FISCAL YEAR 1982- The following provisions of the Military
Construction Authorization Act, 1982 (Public Law 97-99):
(A) Section 703(g) (95 Stat. 1376), listed on page 62 of the Clerk's
Report.
(B) Section 704 (95 Stat. 1377), listed on pages 68, 73, and 75 of the
Clerk's Report.
(2) FISCAL YEARS 1988 AND 1989- Section 1121(f) of the National Defense
Authorization Act for Fiscal Year 1988 and 1989 (Public Law 100-180; 101
Stat. 1148; 10 U.S.C. 113 note) (listed on page 61 of the Clerk's
Report).
(3) FISCAL YEARS 1990 AND 1991- Section 113(b) of the National Defense
Authorization Act for Fiscal Year 1990 and 1991 (Public Law 101-189; 103
Stat. 1373) (listed on page 2 of the Clerk's Report).
(4) FISCAL YEARS 1992 AND 1993- The following provisions of the National
Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law
102-190):
(A) Section 822(b) (42 U.S.C. 6687(b)), listed on page 36 of the
Clerk's Report.
(B) Section 1097 (22 U.S.C. 2751 note), listed on page 15 of the
Clerk's Report.
(e) OTHER NATIONAL SECURITY LAWS- Subsection (a) applies with respect to
provisions of law listed in the Clerk's Report (defined in subsection (j)), as
follows:
(1) STRATEGIC AND CRITICAL MATERIALS STOCK PILING ACT- Any provision of
the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et
seq.), referred to on page 169 of the Clerk's Report.
(2) NATIONAL SECURITY ACT OF 1947- Section 108 of the National Security
Act of 1947 (50 U.S.C. 404a), listed on page 33 of the Clerk's Report as
Pub. L. 99-433, Sec. 603(a)).
(3) IRAQ RESOLUTION- Section 3 of the Authorization for Use of Military
Force Against Iraq Resolution (50 U.S.C. 1541 note), listed on page 14 of
the Clerk's Report as Pub. L. 102-1, Sec. 3).
(4) MILITARY SELECTIVE SERVICE ACT- Section 10(g) of the Military
Selective Service Act (50 U.S.C. App. 460(g)) (listed on page 191 of the
Clerk's Report).
(5) NATIONAL EMERGENCIES ACT- The following provisions of the National
Emergencies Act:
(A) Section 202(d) (50 U.S.C. 1622(d)), listed on page 33 of the
Clerk's Report.
(B) Section 401(c) (50 U.S.C. 1641(c)), listed on page 33 of the
Clerk's Report.
(6) FOOD AND FORAGE ACT- Section 3732 of the Revised Statutes, popularly
known as the `Food and Forage Act' (listed on page 64 of the Clerk's Report
as 41 U.S.C. 11).
(7) SPECIAL NATIONAL DEFENSE CONTRACTING AUTHORITY- 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
(listed on several pages of the Clerk's Report, including pages 9, 48, 51,
64, 69, 74, 76, 134, 142, 174, 179, and 186, as 50 U.S.C. 1434).
(f) OTHER LAWS ADMINISTERED BY THE DEPARTMENT OF DEFENSE- Subsection (a)
applies with respect to the following provisions of law listed in the Clerk's
Report (defined in subsection (j)):
(1) DEFENSE DEPENDENTS' EDUCATION ACT OF 1978- Section 1405 of the
Defense Dependents' Education Act of 1978 (title XIV of Public Law 95-561;
20 U.S.C. 924) (listed on page 77 of the Clerk's Report).
(2) ARMED FORCES RETIREMENT HOME ACT OF 1991- Section 1516(f) of the
Armed Forces Retirement Home Act of 1991 (title XV of Public Law 101-510;
104 Stat. 1728; 24 U.S.C. 416) (listed on page 56 of the Clerk's
Report).
(g) PROVISIONS OF LAW REQUIRING DEPARTMENT OF ENERGY REPORTS- Subsection
(a) applies with respect to provisions of law listed in part IV-A-5 of the
Clerk's Report (defined in subsection (j)), relating to reports to be
submitted by the Secretary of Energy (or any other official of the Department
of Energy), as follows:
(1) NATIONAL DEFENSE AUTHORIZATION ACTS- The following provisions of
provisions law:
(A) Section 1436(e) of the National Defense Authorization Act, Fiscal
Year 1989 (Public Law 100-456; 42 U.S.C. 2121 note) (listed on page 83 of
the Clerk's Report).
(B) Section 3141(c) of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101-189; 42 U.S.C. 7274a(c))
(listed on page 87 of the Clerk's Report).
(C) Section 3134 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 42 U.S.C. 7274c) (listed on page 87 of the
Clerk's Report).
(2) TITLE 10, UNITED STATES CODE- Sections 7424(b), 7425(b), and 7431(c)
of title 10, United States Code (listed on page 89 of the Clerk's
Report).
(3) ENERGY POLICY AND CONSERVATION ACT- Section 165(b) of the Energy
Policy and Conservation Act (Public Law 94-163; 42 U.S.C. 6245(b)) (listed
on page 89 of the Clerk's Report).
(h) OTHER TITLES OF THE UNITED STATES CODE- Subsection (a) applies with
respect to provisions of the United States Code listed in the Clerk's Report
(defined in subsection (j)), as follows:
(1) TITLE 31- The following provisions of title 31:
(A) Section 3554(e)(2) of title 31, United States Code (listed on page
8 of the Clerk's Report as 31 U.S.C. 3554(e)(2)).
(B) Section 9503(a) (listed on page 151 of the Clerk's Report as 31
U.S.C. 9503(a)(1)(B)).
(2) TITLE 36- Section 300110(b) of title 36, listed on page 65 of the
Clerk's Report as 36 U.S.C. 6.
(i) OTHER LAWS- Subsection (a) applies with respect to the following
provisions of law listed in the Clerk's Report (defined in subsection (j)):
(1) SUPPLEMENTAL APPROPRIATIONS ACT, 1982- Section 503(f) of the
Supplemental Appropriations Act, 1987 (Public Law 100-71; 101 Stat. 471; 5
U.S.C. 7301 note) (listed on page 151 of the Clerk's Report), insofar as the
report under that section relates to activities of the Department of
Defense.
(2) BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION ACT- Section
1411(b) of the Barry Goldwater Scholarship and Excellence in Education Act
(title XIV of Public Law 99-661 (20 U.S.C. 4710(b)) (listed on page 174 of
the Clerk's Report).
(3) FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949- Section
205(b) of the Federal Property and Administrative Services Act of 1949
(listed on page 8 of the Clerk's Report as 40 U.S.C. 486(b)).
(4) UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT- Section
101(b)(6) of the Uniformed and Overseas Citizens Absentee Voting Act (listed
on page 151 of the Clerk's Report as 42 U.S.C. 1973ff(b)(6)).
(5) NATIONAL SCIENCE AND TECHNOLOGY POLICY, ORGANIZATION, AND PRIORITIES
ACT OF 1976- Section 603(e) of the National Science and Technology Policy,
Organization, and Priorities Act of 1976 (42 U.S.C. 6683(e)) (specified on
page 36 of the Clerk's Report as section 841(a) of Public Law
101-189).
(6) LAWS REQUIRING MARITIME ADMINISTRATION REPORTS- Provisions of law
listed under the heading `Maritime Administration' in Part IV-A-12 in the
Clerk's Report, relating to reports to be submitted by the Secretary of
Transportation (or any other official of the Department of Transportation),
listed on page 139.
(j) CLERK'S REPORT DEFINED- For the purposes of this section, the term
`Clerk's Report' means the document submitted by the Clerk of House of
Representatives to the Speaker of the House of Representatives on January 5,
1993 (designated as House Document No. 103-7) for the first session of the
103d Congress pursuant to clause 2 of Rule III of the Rules of the House of
Representatives, requiring the Clerk to prepare, at the commencement of every
regular session of Congress, a list of reports which it is the duty of any
officer or department to make to Congress.
SEC. 1022. ANNUAL REPORT ON COMBATANT COMMAND REQUIREMENTS.
Section 153 of title 10, United States Code, is amended by adding at the
end the following:
`(c) ANNUAL 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 on Appropriations of the Senate and House of
Representatives.'.
SEC. 1023. REPORT ON ASSESSMENTS OF READINESS TO EXECUTE THE NATIONAL
MILITARY STRATEGY.
(a) REQUIREMENT FOR REPORT- (1) The Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of Representatives in
unclassified form a report on assessments of the readiness of the United
States to execute the National Military Strategy. The report shall contain the
following:
(A) All models used by the Joint Chiefs of Staff to assess the
capability of the United States to execute the strategy and all other models
used by the Armed Forces to assess the capability.
(B) The assessments that would result from the use of those models if it
were necessary to execute the National Military Strategy under the scenario
set forth in paragraph (2), including the levels of the
casualties that the United States would be projected to incur.
(C) The increasing levels of the casualties that would be projected
under that scenario over a range of risks of prosecuting two major theater
wars that proceeds from low-moderate risk to moderate-high risk.
(i) the total resources needed to attain a moderate-high risk under
the scenario;
(ii) the total resources needed to attain a low-moderate risk under
the scenario; and
(iii) the incremental resources needed to decrease the level of risk
from moderate-high to low-moderate.
(2) The scenario to be used for purposes of subparagraphs (B), (C), and
(D) of paragraph (1) assumes that--
(A) 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 in Southwest Asia and on the Korean
peninsula; and
(B) the Armed Forces are equipped, supplied, manned, and trained at
levels current as of such date.
(b) LIMITATION ON USE OF FUNDS PENDING SUBMITTAL OF REPORT- Of the funds
authorized to be appropriated under section 301(a)(5) for the Office of the
Secretary of Defense and the Joint Chiefs of Staff, not more than 75 percent
of such funds may be expended until the report required in subsection (a) is
submitted.
SEC. 1024. REPORT ON INVENTORY AND CONTROL OF MILITARY EQUIPMENT.
(a) REPORT REQUIRED- Not later than August 31, 2000, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on the inventory and control of the military
equipment of the Department of Defense as of the end of fiscal year 1999. The
report shall address the inventories of each of the Army, Navy, Air Force, 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 fiscal year.
(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 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. 1025. 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) UTILIZATION OF PREVIOUS STUDIES AND REPORTS- The Secretary shall take
into consideration previously completed studies and reports that may be
relevant to the development of the guide, including the United States Space
Command's Long Range Plan of March 1998 and the Air Force Space Command's
Strategic Master Plan of December 1997.
(e) REPORT- Not later than April 15, 2000, the Secretary shall submit a
report on the space technology guide to the congressional defense
committees.
SEC. 1026. REPORT AND REGULATIONS ON DEPARTMENT OF DEFENSE POLICIES ON
PROTECTING THE CONFIDENTIALITY OF COMMUNICATIONS WITH PROFESSIONALS PROVIDING
THERAPEUTIC OR RELATED SERVICES REGARDING SEXUAL OR DOMESTIC ABUSE.
(a) STUDY AND REPORT- (1) The Comptroller General shall study the
policies, procedures, and practices of the military departments for protecting
the confidentiality of communications between--
(A) a dependent of a member of the Armed Forces who--
(i) is a victim of sexual harassment, sexual assault, or intrafamily
abuse; or
(ii) has engaged in such misconduct; and
(B) a therapist, counselor, advocate, or other professional from whom
the dependent seeks professional services in connection with effects of such
misconduct.
(2) 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, consistent with--
(1) the findings of the Comptroller General;
(2) the standards of confidentiality and ethical standards issued by
relevant professional organizations;
(3) applicable requirements of Federal and State law;
(4) the best interest of victims of sexual harassment, sexual assault,
or intrafamily abuse;
(5) military necessity; and
(6) such other factors as the Secretary, in consultation with the
Attorney General, may consider appropriate.
(c) REPORT BY SECRETARY OF DEFENSE- Not later than January 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. 1027. COMPTROLLER GENERAL REPORT ON ANTICIPATED EFFECTS OF PROPOSED
CHANGES IN OPERATION OF STORAGE SITES FOR LETHAL CHEMICAL AGENTS AND
MUNITIONS.
(a) REPORT REQUIRED- Not later than March 31, 2000, the 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.
SEC. 1028. REPORT ON DEPLOYMENTS OF RAPID ASSESSMENT AND INITIAL DETECTION
TEAMS ACROSS STATE BOUNDARIES.
Not later than 90 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to Congress a report on out-of-State use of
Rapid Assessment and Initial Detection Teams for responses to incidents
involving a weapon of mass destruction. The report shall include 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 team that is based in
another State.
SEC. 1029. REPORT ON CONSEQUENCE MANAGEMENT PROGRAM INTEGRATION OFFICE UNIT
READINESS.
(a) JOINT READINESS REVIEW- (1) The Secretary of Defense shall include in
the quarterly 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 are
considered assets of the Consequence Management Program Integration Office of
the Department of Defense.
(2) The Secretary of Defense shall set forth the assessment in an annex to
the quarterly report. The Secretary shall include in the annex a detailed
description of how the active and reserve component units 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. The plan shall include the following:
(1) The actions necessary to ensure that the units designated to carry
out decontamination missions under the program are at the highest level of
readiness for carrying out the missions.
(2) The funding necessary for attaining and maintaining that level of
readiness.
(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 by a
Rapid Assessment and Initial Detection Team.
SEC. 1030. ANALYSIS OF RELATIONSHIP BETWEEN THREATS AND BUDGET SUBMISSION
FOR FISCAL YEAR 2001.
(a) REQUIREMENT FOR REPORT- The Secretary of Defense, in coordination with
the Chairman of the Joint Chiefs of Staff and the Director of Central
Intelligence, 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).
(b) CONTENT- The report shall contain the following:
(1) A detailed description of the threats referred to in subsection
(a);
(2) An analysis of such threats in terms of the probability that an
attack or other threat event will actually occur, the military challenge
posed by the threats, and the potential damage that the 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 the threats in
each category.
(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.
(c) FORM OF REPORT- The report shall be submitted in unclassified form,
but may also be submitted in classified form if necessary.
SEC. 1031. REPORT ON NATO'S DEFENSE CAPABILITIES INITIATIVE.
(a) FINDINGS- Congress makes the following findings:
(1) At the Washington Summit meeting of the North Atlantic Council in
April 1999, 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 forces and to increasing
defense capabilities through improvements in the deployability and mobility
of Alliance forces, the sustainability and logistics of the forces, the
survivability and effective engagement capability of the forces, and command
and control and information systems.
(4) The successful implementation of the Defense Capabilities Initiative
will serve to enable all NATO allies 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 allies to
undertake operations pursuant to the European Security and Defense Identity
within the Alliance.
(b) ANNUAL REPORT- (1) Not later than January 31 of each year, the
Secretary of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report 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 of our NATO allies to
improve the capabilities of their forces in each of the following
areas:
(i) Interoperability with other Alliance forces.
(ii) Deployability and mobility.
(iii) Sustainability and logistics.
(iv) Survivability and effective engagement capability.
(v) Command and control and information systems.
(4) The report shall be submitted in unclassified form, but may also be
submitted in classified form if necessary.
Subtitle D--Other Matters
SEC. 1041. LIMITATION ON RETIREMENT OR DISMANTLEMENT OF STRATEGIC NUCLEAR
DELIVERY SYSTEMS.
(a) ONE-YEAR EXTENSION- Subsection (g) of section 1302 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
1948), as amended by section 1501 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2171),
is further amended by striking `and 1999' and inserting `through 2000'.
(b) MINIMUM LEVELS FOR CERTAIN SYSTEMS- Subsection (a) of such section is
amended--
(1) in paragraph (1), by striking `71' and inserting `76'; and
(2) in paragraph (2), by striking `18' and inserting `14'.
SEC. 1042. LIMITATION ON REDUCTION IN UNITED STATES STRATEGIC NUCLEAR
FORCES.
(a) LIMITATION ON REDUCTION OF UNITED STATES STRATEGIC NUCLEAR FORCES-
None of the funds authorized to be appropriated by this or any other Act for
fiscal year 2000 may be used to reduce the number of United States strategic
nuclear forces below the maximum number of those forces, for each category of
nuclear arms, permitted the United States under the START II Treaty unless the
President submits to Congress a report containing an assessment indicating
that such reductions would not impede the capability of the United States to
respond militarily to any militarily significant increase in the challenge to
United States security or strategic stability posed by nuclear weapon
modernization programs of the People's Republic of China or any other
nation.
(b) SENSE OF CONGRESS- It is the sense of Congress that, in negotiating a
START III Treaty with the Russian Federation, or any other arms control treaty
with the Russian Federation making comparable amounts of reductions in United
States strategic nuclear forces--
(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) such programs should not undermine the limitations set forth in the
treaty.
(c) RULE OF CONSTRUCTION- Nothing in this section may be construed to
authorize the retirement or dismantlement, or the preparation for retirement
or dismantlement, of any strategic nuclear delivery system described in
section 1302 of the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85) below the level specified for the system in that section,
as amended by section 1041.
(d) DEFINITIONS- In this section:
(1) START II TREATY DEFINED- The term `START II Treaty' means the Treaty
Between the United States of America and the Russian Federation on Further
Reduction and Limitation of Strategic Offensive Arms, and related protocols
and memorandum of understanding, signed at Moscow on January 3, 1993.
(2) UNITED STATES STRATEGIC NUCLEAR FORCES- The term `United States
strategic nuclear forces' includes intercontinental ballistic missiles
(ICBMs) and ICBM launchers, submarine-launched ballistic missiles (SLBMs)
and SLBM launchers, heavy bombers, ICBM warheads, SLBM warheads, and heavy
bomber nuclear armaments.
SEC. 1043. COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE.
(a) EXTENSION OF COMMITTEE- Section 1605(f) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 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 section 1605(a)
of the National Defense Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751
note) is amended to read as follows:
`(5) The Assistant Secretary of Defense for Strategy and Threat Reduction
shall serve as executive secretary to the committee.'.
(c) EARLIER DEADLINE FOR ANNUAL REPORT ON COUNTERPROLIFERATION 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. 1044. LIMITATION REGARDING COOPERATIVE THREAT REDUCTION PROGRAMS.
Funds authorized to be appropriated under this Act may not be obligated or
expended for assistance for a country under any Cooperative Threat Reduction
program specified under section 1501 of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104-201; 50 U.S.C. 2362 note) until the
President certifies to Congress that the government of that country is
committed to--
(1) complying with all relevant arms control agreements;
(2) facilitating United States verification of weapons
destruction;
(3) forgoing any use of fissionable and other components of destroyed
nuclear weapons in new nuclear weapons;
(4) forgoing the replacement of destroyed weapons of mass destruction;
and
(5) forgoing any military modernization program that exceeds legitimate
defense requirements.
SEC. 1045. 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) 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 year. No report is required under this section after the completion
of the Cooperative Threat Reduction programs.'.
SEC. 1046. 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'.
SEC. 1047. INFORMATION ASSURANCE INITIATIVE.
(a) FINDINGS- Congress makes the following findings:
(1) The United States is becoming increasingly dependent upon
information systems for national security, economic security, and a broad
range of other vital national interests.
(2) Presidential Decision Directive 63, dated May 22, 1998, recognizes
the importance of information assurance and sets forth policy and
organizational recommendations for addressing the information assurance
challenges.
(3) The Department of Defense has undertaken significant steps to
address threats to the Defense Information Infrastructure, including the
establishment of a Defense Information Assurance Program.
(4) Notwithstanding those actions and other important actions taken by
the President and the Secretary of Defense to address the challenges of
information assurance, the Department of Defense, other Federal departments
and agencies, and a broad range of private sector entities continue to
face new challenges and threats to their information systems.
(5) Although the Secretary of Defense can and should play an important
role in helping address a broad range of information warfare threats to the
United States, the Secretary necessarily focuses primarily on addressing the
vulnerabilities of the information systems and other infrastructures, within
and outside of the Department of Defense, on which the Department of Defense
depends for the conduct of daily operations and the conduct of operations in
crises.
(6) It is important for the Secretary of Defense to work closely with
the heads of all departments and agencies of the Federal Government
concerned to identify areas in which the Department of Defense can
contribute to securing critical national infrastructures beyond the areas
under the direct oversight and control of the Secretary of Defense.
(b) DEFENSE INFORMATION ASSURANCE PROGRAM- (1) The Secretary of Defense
shall carry out an information assurance program.
(2) The Secretary shall submit to Congress an annual report on the
program. The annual report shall include the Department of Defense information
assurance guide applicable under subsection (c) as of the date of the report.
The first report shall be submitted not later than March 15, 1999.
(c) DEFENSE INFORMATION ASSURANCE GUIDE- (1) The Secretary of Defense
shall prepare a Department of Defense information assurance guide for the
development of appropriate organizational structures and technologies for
information assurance under the program. The Secretary shall modify or replace
the guide from time to time to maintain the current relevance of the guide.
(2) The Department of Defense information assurance guide shall include
the following:
(A) A plan for developing information assurance technologies, including
the criteria used to prioritize research, development, and procurement
investments in such technologies.
(B) A plan for organizing the Department of Defense to defend against
information warfare threats, including the organizational changes that are
planned or being considered together with a recitation of the organizational
changes that have been implemented.
(C) A plan for joint efforts by the Department of Defense with other
departments and agencies of the Federal Government and with State and local
organizations to strengthen the security of the information systems and
infrastructures in the United States, with particular emphasis on the
systems and elements of the infrastructure on which the Department of
Defense depends for the conduct of daily operations and the conduct of
operations in crises.
(D) An assessment of the threats to information systems and
infrastructures on which the Department of Defense depends for the conduct
of daily operations and the conduct of operations in crises, including an
assessment of technical or other vulnerabilities in Defense Department
information and communications systems.
(E) A plan for conducting exercises, war games, simulations,
experiments, and other activities designed to prepare the Department of
Defense to respond to information warfare threats.
(F) Any proposal for legislation that the Secretary considers necessary
for implementing the Defense information assurance program or for otherwise
responding to information warfare threats.
(G) Any other information that the Secretary determines relevant.
(d) INFORMATION ASSURANCE TESTBED- (1) The Secretary of Defense shall
develop an information assurance testbed. In developing the testbed, the
Secretary shall consult with the heads of the other departments and agencies
of the Federal Government that the Secretary determines as being concerned
with defense information assurance.
(2) The information assurance testbed shall be organized to provide the
following:
(A) An integrated organizational structure within the Department of
Defense to plan and facilitate the conduct of simulations, wargames,
exercises, experiments, and other activities designed to prepare and inform
the Department of Defense regarding information warfare threats.
(B) Organizational and planning means for the conduct by the Department
of Defense of integrated or joint exercises and experiments with the
commercial organizations 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 of Defense
depends for the conduct of daily operations and the conduct of operations in
crises.
(e) FUNDING- (1) Of the amounts authorized to be appropriated under
section 104--
(A) $10,000,000 is available for procurement by the Defense Information
Systems Agency of secure terminal equipment for use by the Armed Forces and
Defense Agencies; and
(B) $10,000,000 is available for development and procurement of tools
for real-time computer intrusion detection, analysis, and warning.
(2) Of the amounts authorized to be appropriated under section 201(4)--
(A) $5,000,000 in program element 65710D8 is available for establishing
and operating the information assurance testbed established pursuant to
subsection (d); and
(B) $40,000,000 in program element 33140G is available for--
(i) secure wireless communications;
(ii) public key infrastructure;
(iii) tool development by the Information Operations Technology
Center;
(iv) critical infrastructure modeling; and
(v) software security research.
(3) Of the amounts authorized to be appropriated under section 301(a)(5),
$10,000,000 is available for training, education, and retention of information
technology professionals of the Department of Defense.
SEC. 1048. DEFENSE SCIENCE BOARD TASK FORCE ON TELEVISION AND RADIO AS A
PROPAGANDA INSTRUMENT IN TIME OF MILITARY CONFLICT.
(a) DEFENSE SCIENCE BOARD TASK FORCE ON RADIO AND TELEVISION AS A
PROPAGANDA INSTRUMENT IN TIME OF CONFLICT- The Secretary of Defense shall
establish a task force of the Defense Science Board to examine the use of
radio and television broadcasting as a propaganda instrument and the adequacy
of the capabilities of the United States Armed Forces in this area to deal
with situations such as the conflict in the Federal Republic of Yugoslavia.
(b) DUTIES OF THE TASK FORCE- The task force shall assess and develop
recommendations as to the appropriate capabilities, if any, that the United
States Armed Forces should have to broadcast radio and television into an area
so as to ensure that the general public in that area are exposed to the facts
of the conflict. In making the assessment and developing the recommendations,
the task force shall review the following:
(1) The capabilities of the United States Armed Forces to develop
programming and to broadcast factual information that can reach a large
segment of the general public in a country like the Federal Republic of
Yugoslavia.
(2) The potential of various airborne or land-based mechanisms to have
capabilities described in paragraph (1), including but not limited to
desirable improvements to the EC-130 Commando Solo aircraft, and the
utilization 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.
(c) REPORT- The task force shall submit to the Secretary of Defense a
report containing its assessments and recommendations not later than February
1, 2000. The Secretary shall submit the report, together with the comments and
recommendations of the Secretary of Defense, to the congressional defense
committees not later than March 1, 2000.
(d) FEDERAL REPUBLIC OF YUGOSLAVIA DEFINED- In this section, the term
`Federal Republic of Yugoslavia' means the Federal Republic of Yugoslavia
(Serbia and Montenegro).
SEC. 1049. PREVENTION OF INTERFERENCE WITH DEPARTMENT OF DEFENSE USE OF
FREQUENCY SPECTRUM.
(a) COMPATIBILITY WITH DEFENSE SYSTEMS- A non-Department of Defense entity
operating a communication system, device, or apparatus on any portion of the
frequency spectrum used by the Department of Defense, whether or not licensed
to do so, shall ensure that the system, device, or apparatus is designed not
to interfere with and not to receive interference from the communication
systems that are operated by or for the Department of Defense on that portion
of the frequency spectrum as of the date of the enactment of this Act.
(b) COSTS OF REDESIGN OR REBUILDING OF MILITARY SYSTEMS- If it is
necessary for the Department of Defense to redesign or rebuild a communication
system used by the department because of a violation of subsection (a) by a
non-Department of Defense entity, that entity shall be liable to the United
States for the costs incurred by the United States for the redesign or
rebuilding of the Department of Defense system or, if the entity is a
department or agency of the United States, shall transfer to the Department of
Defense funds in the amount of such costs.
(c) EFFECTIVE DATE- This section applies with respect to operation of a
communication system, device, or apparatus on or after October 1, 1999.
SEC. 1050. OFF-SHORE ENTITIES INTERFERING WITH DEPARTMENT OF DEFENSE USE OF
THE FREQUENCY SPECTRUM.
(a) LIMITATION ON USE OF FUNDS- Funds authorized to be appropriated or
otherwise made available by this or any other Act may not be obligated to
enter into any contract with, make any payment to, or issue any broadcast or
other license or permit to any entity that broadcasts from outside the United
States into the United States on any frequency that, as of the date of the
enactment of this Act, is reserved to or used by the Department of Defense,
unless the broadcasting is authorized under law.
(b) SAVINGS PROVISION- The provisions of subsection (a) shall not be
construed to interfere with the enforcement authority of the Federal
Communications Commission under the Communications Act of 1934 or any other
law.
SEC. 1051. REPEAL OF LIMITATION ON AMOUNT OF FEDERAL EXPENDITURES FOR THE
NATIONAL GUARD CHALLENGE PROGRAM.
Section 509(b) of title 32, United States Code, is amended by striking `,
except that Federal expenditures under the program may not exceed $50,000,000
for any fiscal year'.
SEC. 1052. 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:
`Sec. 130b. Nondisclosure of information: personnel in overseas, sensitive,
or routinely deployable units
`(a) EXEMPTION FROM DISCLOSURE- Notwithstanding any other provision of
law, 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
authorize to be withheld from disclosure to the public the name, rank, duty
address, official title, and information regarding the pay of--
`(1) members of the armed forces assigned to overseas, sensitive, or
routinely deployable units; and
`(2) employees of the Department of Defense or of the Coast Guard whose
duty stations are with overseas, sensitive, or routinely deployable
units.
`(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 `unit' means a military organization of the armed forces
designated as a unit by competent authority.
`(2) The term `overseas unit' means a unit that is located outside the
continental United States and its territories.
`(3) 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 the following:
`(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.
`(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.
`(4) The term `routinely deployable unit'--
`(A) 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; and
`(B) 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:
`130b. Nondisclosure of information: personnel in overseas, sensitive,
or routinely deployable units.'.
SEC. 1053. NONDISCLOSURE OF OPERATIONAL FILES OF THE NATIONAL IMAGERY AND
MAPPING AGENCY.
(a) AUTHORITY TO WITHHOLD- Subchapter II of chapter 22 of title 10, United
States Code, as amended by section 1005, is further amended by adding at the
end the following:
`Sec. 458. Withholding of operational files 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 the 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, as amended by section 1005, is further amended by adding at the
end the following:
`458. Withholding of operational files from public disclosure.'.
SEC. 1054. NONDISCLOSURE OF INFORMATION OF THE NATIONAL IMAGERY AND MAPPING
AGENCY HAVING COMMERCIAL SIGNIFICANCE.
(a) AUTHORITY TO WITHHOLD- Subchapter II of chapter 22 of title 10, United
States Code, as amended by section 1053, is further amended by adding at the
end the following:
`Sec. 459. Withholding of certain commercially significant information from
public disclosure
`(a) AUTHORITY- The Secretary of Defense may withhold from public
disclosure information in the possession of the National Imagery and Mapping
Agency if the Secretary determines in writing that--
`(1) public disclosure of the information would compete with or
otherwise adversely affect commercial operations in any existing or emerging
commercial industry or the operation of any existing or emerging commercial
market; and
`(2) withholding the information from public disclosure is consistent
with the national security interests of the United States.
`(b) RELATIONSHIP TO DCI AUTHORITY- (1) Nothing in this section shall be
construed as superseding, limiting, or otherwise affecting the authority and
responsibilities of the Director of Central Intelligence to withhold or
require the withholding of imagery and imagery intelligence from public
disclosure under the National Security Act of 1947 (50 U.S.C. 401 et seq.),
Executive Order No. 12951 or any successor Executive order, or directives of
the President.
`(2) In the administration of the authority under subsection (a) with
respect to imagery and imagery intelligence, the Secretary of Defense shall be
subject to the policies and directives prescribed by the Director of Central
Intelligence for the public disclosure of such information.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
subchapter, as amended by section 1053, is further amended by adding at the
end the following:
`459. Withholding of certain commercially significant information from
public disclosure.'.
SEC. 1055. CONTINUED ENROLLMENT OF DEPENDENTS IN DEPARTMENT OF DEFENSE
DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS AFTER LOSS OF
ELIGIBILITY.
Section 2164(c)(3) of title 10, United States Code, is amended to read as
follows:
`(3) The Secretary may, for good cause, authorize a dependent of a member
of the armed forces or of a Federal employee to continue enrollment in a
program under this subsection 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. The Secretary
may remove the dependent from the program at any time that the Secretary
determines that there is good cause for the removal.'.
SEC. 1056. 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: `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. 1057. 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:
`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 through 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) An academy established under the program shall provide the
following:
`(A) For each elementary and secondary grade level, the presentation of
a curricula of 20 hours of instruction in science, mathematics, and
technology.
`(B) Outreach programs for the support of elementary and secondary level
instruction in science, mathematics, and technology at other
locations.
`(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) AUTHORIZED SUPPORT- The following support may be provided for
activities under the program:
`(1) Administrative and instructional personnel.
`(3) Instructional materials, including textbooks.
`(5) To the extent considered appropriate by the Secretary of the
military department concerned, any additional resources (including
transportation and billeting) that may be available.
`(e) PERSONS ELIGIBLE TO PARTICIPATE IN PROGRAM- The Secretary of Defense
shall prescribe the standards and procedures for selecting persons to
participate in the program.
`(f) PROGRAM PERSONNEL- (1) The Secretary of the military department
concerned may--
`(1) authorize members of the armed forces to provide command,
administrative, training, or supporting services for the program on a
full-time basis; and
`(2) employ or procure by contract civilian personnel to provide such
services.
`(f) REGULATIONS- The Secretary of Defense shall prescribe regulations
governing the conduct of the program.
`(g) FUNDING- (1) The Secretary shall ensure that each academy meeting at
least the minimum operating standards established for academies under the
program is funded at a level of at least $200,000 for each fiscal year.
`(2) 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.
`(h) ANNUAL REPORT- Within 90 days after the end of each fiscal year, the
Secretary of Defense shall submit a report on the program to Congress. The
report shall contain a discussion of the design and conduct of the program and
an evaluation of the effectiveness of the program.
`(i) STATE DEFINED- In this section, the term `State' includes the
District of Columbia, the Commonwealth of Puerto Rico, the United States
Virgin Islands, and Guam.'.
(b) EXISTING STARBASE ACADEMIES- While continuing in operation, the
academies existing on the date of the enactment of this Act under the
Department of Defense STARBASE Program, as such program is in effect on such
date, shall be counted for the purpose of meeting the requirement under
section 2193b(c)(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--
(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. 1058. PROGRAM TO COMMEMORATE THE 50TH ANNIVERSARY OF THE KOREAN
WAR.
(a) PERIOD OF PROGRAM- Section 1083(a) 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) Section 1083(c) of such Act is amended by striking
`The Department of Defense Korean War Commemoration' and inserting in lieu
thereof `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.
(c) FUNDING- Section 1083(f) of such Act 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
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
program authorized under subsection (a) for fiscal years 2000 through 2004 may
not exceed $7,000,000.
`(3) The limitation in paragraph (2) shall not apply to expenditures by a
unit of the Armed Forces or a similar organization to commemorate the Korean
War from funds available to the unit or similar organization for that
purpose.'.
(d) EFFECTIVE DATE- The amendments made by this section shall take effect
on October 1, 1999.
SEC. 1059. 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 the Defense Production
Act of 1950 (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. 1060. EXTENSION TO NAVAL AIRCRAFT OF COAST GUARD AUTHORITY FOR DRUG
INTERDICTION ACTIVITIES.
Section 637(c) 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) it is a naval aircraft on which one or more members of the Coast
Guard are assigned.'.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
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'.
SEC. 1102. DEFERENCE TO EEOC PROCEDURES FOR INVESTIGATION OF COMPLAINTS OF
SEXUAL HARASSMENT MADE BY EMPLOYEES.
Section 1561(a) of title 10, United States Code, is amended by striking
`or a civilian employee under the supervision of the officer'.
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 a 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 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. LEAVE WITHOUT LOSS OF BENEFITS FOR MILITARY RESERVE TECHNICIANS
ON ACTIVE DUTY IN SUPPORT OF COMBAT OPERATIONS.
(a) ELIMINATION OF RESTRICTION TO SITUATIONS INVOLVING NONCOMBAT
OPERATIONS- Section 6323(d)(1) of title 5, United States Code, is amended by
striking `noncombat'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) 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. 1105. 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. 1106. 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 sections 5307 and 5373 of title 5 do not apply to
the authority of the Secretary under paragraph (1) to prescribe salary
schedules and other related benefits.'.
TITLE XII--NATIONAL MILITARY MUSEUM AND RELATED MATTERS
Subtitle A--Commission on National Military Museum
SEC. 1201. ESTABLISHMENT.
(a) ESTABLISHMENT- There is hereby established a commission known as the
`Commission on the National Military Museum' (in this subtitle referred to as
the `Commission').
(b) COMPOSITION- (1) The Commission shall be composed of 10 individuals
appointed from among individuals who have an expertise in military or museum
matters, of whom--
(A) six shall be appointed by the President;
(B) one shall be appointed by the Chairman of the Committee on Armed
Services of the Senate;
(C) one shall be appointed by the Ranking Member of the Committee on
Armed Services of the Senate;
(D) one shall be appointed by the Chairman of the Committee on Armed
Services of the House of Representatives; and
(E) one shall be appointed by the Ranking Member of the Committee on
Armed Services of the House of Representatives.
(2) The following shall be ex officio 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 Commandant of the Marine Corps.
(F) The Commandant of the Coast Guard.
(G) The Secretary of the Smithsonian Institution.
(H) The Chairman of the National Capital Planning Commission.
(I) The Chairperson of the Commission of Fine Arts.
(c) ORIGINAL CHAIRPERSON- The President shall designate one of the
individuals first appointed to the Commission under subsection (b)(1) as the
chairperson of the Commission.
(d) PERIOD OF APPOINTMENT; VACANCIES- Members shall be appointed for the
life of the Commission. Any vacancy in the Commission shall be filled in the
same manner as the original appointment.
(e) INITIAL ORGANIZATION REQUIREMENTS- (1) All 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. 1202. DUTIES OF COMMISSION.
(a) IN GENERAL- 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.
(b) STUDY ELEMENTS- In conducting the study, the Commission shall--
(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, readily accessible and adequately preserved artifacts
and readily accessible 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; and
(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--
(1) recommend one or more sites for the museum;
(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 Federal Government, 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;
and
(6) assess and recommend various governing structures for the museum,
including a governing structure that places the museum within the
Smithsonian Institution.
SEC. 1203. 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 subtitle, including any recommendations under section 1202.
SEC. 1204. 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 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. 1205. COMMISSION PROCEDURES.
(a) MEETINGS- The Commission shall meet at the call of the Chairman.
(b) QUORUM- (1) Five members of the Commission shall constitute a quorum
other than for the purpose of holding hearings.
(2) The Commission shall act by resolution agreed to by a majority of the
members of the Commission.
(c) COMMISSION- The Commission may establish panels composed of less than
full membership of the Commission for the purpose of carrying out the
Commission's duties. The actions of each such panel shall be subject to the
review and control of the Commission. Any findings and determinations made by
such a panel shall not be considered the findings and determinations of the
Commission unless approved by the Commission.
(d) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMISSION- Any member or agent of
the Commission may, if authorized by the Commission, take any action which the
Commission is authorized to take under this subtitle.
SEC. 1206. 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. 1207. 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.
SEC. 1208. 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 1202(c).
SEC. 1209. TERMINATION OF COMMISSION.
The Commission shall terminate 60 days after the date of the submission of
its report under section 1203.
Subtitle B--Related Matters
SEC. 1211. FUTURE USE OF NAVY ANNEX PROPERTY, ARLINGTON, VIRGINIA.
(a) LIMITATION ON FUTURE USE- No transfer of any real property of the Navy
Annex property, or other use of that property not authorized as of the date of
the enactment of this Act, may be carried out until 2 years after the later
of--
(1) the date of the submittal of the study on the expansion of Arlington
Cemetery required by the Joint Explanatory Statement of the Committee of
Conference to accompany the Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261); or
(2) the date of the submittal of the report of the Commission on the
National Military Museum under section 1203.
(b) NAVY ANNEX PROPERTY DESCRIBED- For purposes of subsection (a), the
Navy Annex property is the parcels of real property under the jurisdiction of
the Federal Government located in Arlington, Virginia, as follows:
(1) A parcel bounded by Columbia Pike to the south and east, the rear
property line of the residential properties fronting Oak Street to the west,
and the southern limit of Southgate Road to the north.
(2) A parcel bounded by Shirley Memorial Boulevard (Interstate Route
395) to the south, the eastern edge of the Department of Transportation of
the Commonwealth of Virginia to the west, Columbia Pike to the north, and
the access road to Shirley Memorial Boulevard immediately east of Joyce
Street to the east.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the `Military Construction Authorization Act
for Fiscal Year 2000'.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES- Using amounts appropriated pursuant to the
authorization of appropriations in section 2104(a)(1), the Secretary of the
Army may acquire real property and carry out military construction projects
for the installations and locations inside the United States, and in the
amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------
State Installation or location Amount
----------------------------------------------------------------------
Alaska Fort Richardson $14,600,000
Fort Wainwright $34,800,000
Arkansas Pine Bluff Arsenal $18,000,000
California Fort Irwin $13,400,000
Colorado Peterson Air Force Base $25,000,000
District of Columbia Fort McNair $1,250,000
Walter Reed Medical Center $6,800,000
Georgia Fort Benning $48,400,000
Fort Stewart $19,000,000
Fort Stewart/Hunter Army Air Field $7,000,000
Hunter Army Air Field $7,200,000
Hawaii Schofield Barracks $95,000,000
Kansas Fort Leavenworth $34,100,000
Fort Riley $27,000,000
Kentucky Blue Grass Army Depot $17,000,000
Fort Campbell $56,900,000
Maryland Fort Meade $22,450,000
Massachusetts Westover Air Force Reserve Base $4,000,000
Missouri Fort Leonard Wood $10,600,000
Nevada Hawthorne Army Depot $1,700,000
New Jersey Fort Monmouth $11,800,000
North Carolina Fort Bragg $125,400,000
Military Ocean Terminal Sunny Point $3,800,000
Oklahoma Fort Sill $13,200,000
McAlester Army Ammunition $16,600,000
Pennsylvania Carlisle Barracks $5,000,000
Letterkenny Army Depot $3,650,000
South Carolina Fort Jackson $7,400,000
Texas Fort Bliss $50,400,000
Fort Hood $68,000,000
Virginia Fort Belvoir $3,850,000
Fort Eustis $39,000,000
Fort Myer $2,900,000
Washington Fort Lewis $6,200,000
Yakima Training Center $17,200,000
CONUS Various CONUS Various $36,400,000
Total: $875,000,000
----------------------------------------------------------------------
(b) OUTSIDE THE UNITED STATES- Using amounts appropriated pursuant to the
authorization of appropriations in section 2104(a)(2), the Secretary of the
Army may acquire real property and carry out military construction projects
for the locations outside the United States, and in the amounts, set forth in
the following table:
Army: Outside the United States
-----------------------------------------------
Country Installation or location Amount
-----------------------------------------------
Germany Ansbach $21,000,000
Area Support Group Bamberg $23,200,000
Mannheim $4,500,000
Korea Camp Casey $31,000,000
Camp Howze $3,050,000
Camp Stanley $3,650,000
Total: $86,400,000
-----------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION- Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(5)(A), the Secretary of
the Army may construct or acquire family housing units (including land
acquisition) at the installation, for the purpose, and in the amount set forth
in the following table:
Army: Family Housing
------------------------------------------------------
Country Installation or location Purpose Amount
------------------------------------------------------
Korea Camp Humphreys 60 Units $24,000,000
Total: $24,000,000
------------------------------------------------------
(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 section
2104(a)(5)(A), the Secretary of the Army may improve existing military family
housing units in an amount not to exceed $32,600,000.
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 $2,194,333,000 as follows:
(1) For military construction projects inside the United States
authorized by section 2101(a), $736,708,000.
(2) For military construction projects outside the United States
authorized by section 2101(b), $86,400,000.
(3) For unspecified minor construction projects authorized by section
2805 of title 10, United States Code, $9,500,000.
(4) For architectural and engineering services and construction design
under section 2807 of title 10, United States Code, $83,414,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design, and
improvement of military family housing and facilities,
$61,531,000.
(B) For support of military family housing (including the functions
described in section 2833 of title 10, United States Code),
$1,098,080,000.
(6) For the construction of the United States Disciplinary Barracks,
Phase III, Fort Leavenworth, Kansas, authorized by section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 1998 (division B of
Public Law 105-85; 111 Stat. 1966), $18,800,000.
(7) For the construction of the Whole Barracks Complex Renewal, Fort
Campbell, Kentucky, authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261; 112 Stat. 2182), $4,800,000.
(8) For the construction of the Multi-Purpose Digital Training Range,
Fort Knox, Kentucky, authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 1999, $2,400,000.
(9) For the construction of the Cadet Development Center, United States
Military Academy, West Point, New York, authorized by section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 1999,
$28,500,000.
(10) For the construction of the Force XXI Soldier Development Center,
Fort Hood, Texas, authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 1999, $14,000,000.
(11) For the construction of the Railhead Facility, Fort Hood, Texas,
authorized by section 2101(a) of the Military Construction Authorization Act
of Fiscal Year 1999, $14,800,000.
(12) For the construction of the Power Plant, Roi Namur Island,
Kwajalein Atoll, Kwajalein, authorized by section 2101(b) of the Military
Construction Authorization Act for Fiscal Year 1999 (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 pursuant to
paragraphs (1) and (2) of subsection (a);
(2) $80,800,000 (the balance of the amount authorized under section
2101(a) for the construction of the whole barracks complex renewal at
Schofield Barracks, Hawaii); and
(3) $57,492,000 (the balance of the amount authorized under section
2101(a) for the construction of the whole barracks complex renewal at Fort
Bragg, North Carolina).
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES- Using amounts appropriated pursuant to the
authorization of appropriations in section 2204(a)(1), the Secretary of the
Navy may acquire real property and carry out military construction projects
for the installations and locations inside the United States, and in the
amounts, set forth in the following table:
Navy: Inside the United States
--------------------------------------------------------------------------------------------
State Installation or location Amount
--------------------------------------------------------------------------------------------
Arizona Marine Corps Air Station, Yuma $17,020,000
Navy Detachment, Camp Navajo $7,560,000
California Marine Corps Air-Ground Combat Center, Twentynine Palms $34,760,000
Marine Corps Base, Camp Pendleton $31,660,000
Marine Corps Logistics Base, Barstow $4,670,000
Marine Corps Recruit Depot, San Diego $3,200,000
Naval Air Station, Lemoore $24,020,000
Naval Air Station, North Island $54,420,000
Naval Hospital, San Diego $21,590,000
Naval Hospital, Twentynine Palms $7,640,000
Florida Naval Air Station, Whiting Field, Milton $4,750,000
Georgia Marine Corps Logistics Base, Albany $6,260,000
Naval Air Station, Atlanta $5,430,000
Hawaii Camp H.M. Smith $86,050,000
Marine Corps Air Station, Kaneohe Bay $5,790,000
Naval Shipyard, Pearl Harbor $10,610,000
Naval Station, Pearl Harbor $18,600,000
Naval Submarine Base, Pearl Harbor $29,460,000
Idaho Naval Surface Warfare Center, Bayview $10,040,000
Illinois Naval Training Center, Great Lakes $57,290,000
Maine Naval Air Station, Brunswick $16,890,000
Maryland Naval Surface Warfare Center, Indian Head $10,070,000
Mississippi Naval Construction Battalion Center, Gulfport $19,170,000
New Jersey Naval Air Warfare Center Aircraft Division, Lakehurst $15,710,000
North Carolina Marine Corps Air Station, New River $5,470,000
Marine Corps Base, Camp LeJeune $21,380,000
Pennsylvania Navy Ships Parts Control Center, Mechanicsburg $2,990,000
Naval Shipyard, Philadelphia $13,320,000
South Carolina Naval Weapons Station, Charleston $7,640,000
Marine Corps Air Station, Beaufort $10,490,000
Virginia Marine Corps Combat Development Command, Quantico $20,820,000
Naval Air Station, Oceana $11,490,000
Naval Shipyard, Norfolk, Portsmouth $17,630,000
Naval Station, Norfolk $69,550,000
Naval Weapons Station, Yorktown $25,040,000
Tactical Training Group Atlantic, Dam Neck $10,310,000
Washington Naval Ordnance Center Pacific Division Detachment, Port Hadlock $3,440,000
Puget Sound Naval Shipyard, Bremerton $15,610,000
Strategic Weapons Facility Pacific, Bremerton $6,300,000
Total: $744,140,000
--------------------------------------------------------------------------------------------
(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 Unit $83,090,000
Diego Garcia Naval Support Facility, Diego Garcia $8,150,000
Greece Naval Support Activity, Souda Bay $6,380,000
Italy Naval Support Activity, Naples $26,750,000
Total: $124,370,000
---------------------------------------------------------------
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, Yuma 100 Units $17,000,000
Hawaii Marine Corps Air Station, Kaneohe Bay 100 Units $26,615,000
Marine Corps Base, Kaneohe Bay 84 Units $22,639,000
Naval Base, Pearl Harbor 96 Units $19,167,000
Naval Base, Pearl Harbor 96 Units $19,167,000
Total: $115,589,000
---------------------------------------------------------------------
(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 $165,050,000.
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 $2,078,015,000 as follows:
(1) For military construction projects inside the United States
authorized by section 2201(a), $673,960,000.
(2) For military construction projects outside the United States
authorized by section 2201(b), $124,370,000.
(3) For unspecified minor construction projects authorized by section
2805 of title 10, United States Code, $7,342,000.
(4) For architectural and engineering services and construction design
under section 2807 of title 10, United States Code, $66,229,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design, and
improvement of military family housing and facilities,
$298,354,000.
(B) For support of military housing (including functions described in
section 2833 of title 10, United States Code), $895,070,000.
(6) For construction of the Berthing Wharf (Increment II), 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. 2186), $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 pursuant to
paragraphs (1) and (2) of subsection (a); and
(2) $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).
SEC. 2205. TECHNICAL MODIFICATION OF AUTHORITY RELATING TO CERTAIN 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'.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) INSIDE THE UNITED STATES- Using amounts appropriated pursuant to the
authorization of appropriations in section 2304(a)(1), the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installations and locations inside the United States, and in
the amounts, set forth in the following table:
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 Base $7,800,000
California Beale Air Force Base $8,900,000
Travis Air Force Base $7,500,000
Colorado Peterson Air Force Base $33,000,000
Schriever Air Force Base $9,400,000
United States Air Force Academy $17,500,000
Delaware Dover Air Force Base $12,000,000
Florida Eglin Air Force Base $13,600,000
Eglin Auxiliary Field 9 $18,800,000
MacDill Air Force Base $5,500,000
Patrick Air Force Base $17,800,000
Georgia Fort Benning $3,900,000
Moody Air Force Base $3,200,000
Robins Air Force Base $3,350,000
Hawaii Hickam Air Force Base $3,300,000
Idaho Mountain Home Air Force Base $17,000,000
Kansas McConnell Air Force Base $10,963,000
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 $18,600,000
New Jersey McGuire Air Force Base $11,800,000
New York Rome Laboratory $12,800,000
North Carolina Fort Bragg $4,600,000
Pope Air Force Base $7,700,000
North Dakota Grand Forks Air Force Base $9,500,000
Ohio Wright-Patterson Air Force Base $22,200,000
Oklahoma Tinker Air Force Base $47,400,000
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
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
CONUS Classified Classified Location $16,870,000
Total: $628,133,000
--------------------------------------------------------------
(b) OUTSIDE THE UNITED STATES- Using amounts appropriated pursuant to the
authorization of appropriations in section 2304(a)(2), the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installations and locations outside the United States, and in
the amounts, set forth in the following table:
Air Force: Outside the United States
-------------------------------------------------------
Country Installation or location Amount
-------------------------------------------------------
Guam Andersen Air Force Base $8,900,000
Italy Aviano Air Base $3,700,000
Korea Osan Air Base $19,600,000
Portugal Lajes Field, Azores $1,800,000
United Kingdom Ascension Island $2,150,000
Royal Air Force, Feltwell $3,000,000
Royal Air Force, Lakenheath $18,200,000
Royal Air Force, Mildenhall $17,600,000
Royal Air Force, Molesworth $1,700,000
Total: $76,650,000
-------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION- Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(a)(5)(A), the Secretary of
the Air Force may construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in the amounts set
forth in the following table:
Air Force: Family Housing
---------------------------------------------------------------------------
State or Country Installation or location Purpose Amount
---------------------------------------------------------------------------
Arizona Davis-Monthan Air Force Base 64 Units $10,000,000
California Beale Air Force Base 60 Units $8,500,000
Edwards Air Force Base 188 Units $32,790,000
Vandenberg Air Force Base 91 Units $16,800,000
District of Columbia Bolling Air Force Base 72 Units $9,375,000
Florida Eglin Air Force Base 130 Units $14,080,000
MacDill Air Force Base 54 Units $9,034,000
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 Holloman Air Force Base 76 Units $9,840,000
North Carolina Seymour Johnson Air Force Base 78 Units $12,187,000
North Dakota Grand Forks Air Force Base 42 Units $10,050,000
Minot Air Force Base 72 Units $10,756,000
Texas Lackland Air Force Base 48 Units $7,500,000
Portugal Lajes Field, Azores 75 Units $12,964,000
Total: $196,088,000
---------------------------------------------------------------------------
(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 $17,471,000.
SEC. 2303. 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
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 $1,917,191,000 as follows:
(1) For military construction projects inside the United States
authorized by section 2301(a), $628,133,000.
(2) For military construction projects outside the United States
authorized by section 2301(b), $76,650,000.
(3) For unspecified minor construction projects authorized by section
2805 of title 10, United States Code, $8,741,000.
(4) For architectural and engineering services and construction design
under section 2807 of title 10, United States Code, $38,264,000.
(5) For military housing functions:
(A) For construction and acquisition, planning and design, and
improvement of military family housing and facilities,
$343,511,000.
(B) For support of military family housing (including the 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 $628,133,000.
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) INSIDE THE UNITED STATES- Using amounts appropriated pursuant to the
authorization of appropriations in section 2405(a)(1), the Secretary of
Defense may acquire real property and carry out military construction projects
for the installations and locations inside the United States, and in the
amounts, set forth in the following table:
Defense Agencies: Inside the United States
---------------------------------------------------------------------------------------------------------------
Agency Installation or location Amount
---------------------------------------------------------------------------------------------------------------
Chemical Demilitarization Program Blue Grass Army Depot, Kentucky $195,800,000
Defense Education Activity Marine Corps Base, Camp LeJeune, North Carolina $10,570,000
Laurel Bay, South Carolina $2,874,000
Defense Logistics Agency Eielson Air Force Base, Alaska $26,000,000
Defense Fuel Supply Center, Elmendorf Air Force Base, Alaska $23,500,000
Defense Distribution Supply Point, New Cumberland, Pennsylvania $5,000,000
Fairchild Air Force Base, Washington $12,400,000
Various Locations $8,900,000
Defense Manpower Data Center Presidio, Monterey, California $28,000,000
National Security Agency Fort Meade, Maryland $2,946,000
Special Operations Command Naval Amphibious Base, Coronado, California $6,000,000
Fort Benning, Georgia $10,200,000
Mississippi Army Ammunition Plant, Mississippi $12,900,000
Fort Bragg, North Carolina $20,100,000
Fleet Combat Training Center, Dam Neck, Virginia $4,700,000
Tri-Care Management Agency Fort Wainwright, Alaska $133,000,000
Davis-Monthan Air Force Base, Arizona $10,000,000
Los Angeles Air Force Base, California $13,600,000
Travis Air Force Base, California $7,500,000
Patrick Air Force Base, Florida $1,750,000
Naval Air Station, Jacksonville, Florida $3,780,000
Naval Air Station, Pensacola, Florida $4,300,000
Moody Air Force Base, Georgia $1,250,000
Fort Riley, Kansas $6,000,000
Andrews Air Force Base, Maryland $3,000,000
Naval Air Station, Patuxent River, Maryland $4,150,000
Marine Corps Air Station, Cherry Point, North Carolina $3,500,000
Wright-Patterson Air Force Base, Ohio $3,900,000
Fort Sam Houston, Texas $5,800,000
Cheatham Annex, Virginia $1,650,000
Naval Air Station, Norfolk, Virginia $4,050,000
Fort Lewis, Washington $5,500,000
Naval Air Station, Whidbey Island, Washington $4,700,000
Total: $587,320,000
---------------------------------------------------------------------------------------------------------------
(b) OUTSIDE THE UNITED STATES- Using amounts appropriated pursuant to the
authorization of appropriations in section 2405(a)(2), the Secretary of
Defense may acquire real property and carry out military construction projects
for the installations and locations outside the United States, and in the
amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------------------------------
Agency Installation or location Amount
------------------------------------------------------------------------------------------------
Defense Education Activity Andersen Air Force Base, Guam $44,170,000
Naval Station Rota, Spain $17,020,000
Royal Air Force, Feltwell, United Kingdom $4,570,000
Royal Air Force, Lakenheath, United Kingdom $3,770,000
Defense Logistics Agency Andersen Air Force Base, Guam $24,300,000
Moron Air Base, Spain $15,200,000
National Security Agency Royal Air Force, Menwith Hill Station, United Kingdom $500,000
Tri-Care Management Agency Naval Security Group Activity, Sabana Seca, Puerto Rico $4,000,000
Ramstein Air Force Base, Germany $7,100,000
Yongsan, Korea $41,120,000
Royal Air Force, Lakenheath, United Kingdom $7,100,000
Defense-Wide Counterdrug Forward Operating Location, Antilles $4,880,000
Counterdrug Forward Operating Location, Costa Rica $6,726,000
Counterdrug Forward Operating Location, Ecuador $31,229,000
Total: $211,685,000
------------------------------------------------------------------------------------------------
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 FAMILY HOUSING IMPROVEMENT PROGRAM.
Of the amount authorized to be appropriated pursuant to section
2405(a)(8)(C), $78,756,000 shall be available for credit to the Department of
Defense Family Housing Improvement 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 $31,900,000.
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
$1,842,582,000 as follows:
(1) For military construction projects inside the United States
authorized by section 2401(a), $288,320,000.
(2) For military construction projects outside the United States
authorized by section 2401(b), $211,685,000.
(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, $33,664,000.
(6) For energy conservation projects authorized by section 2404,
$31,900,000.
(7) For base closure and realignment activities as authorized by the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note), $892,911,000.
(8) For military family housing functions:
(A) For improvement of military family housing and facilities,
$50,000.
(B) For support of military housing (including functions described in
section 2833 of title 10, United States Code), $41,440,000 of
which not more than $35,639,000 may be obligated or expended for the leasing
of military family housing units worldwide.
(C) For credit to the Department of Defense Family Housing Improvement
Fund as authorized by section 2403, $78,756,000.
(9) For the construction of the Ammunition Demilitarization Facility,
Anniston Army Depot, Alabama, authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 1991 (division B of Public
Law 101-510; Stat. 1758), $7,000,000.
(10) For the construction of the Ammunition Demilitarization Facility,
Pine Bluff Arsenal, Arkansas, authorized by 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),
$61,800,000.
(11) For the construction of the Ammunition Demilitarization Facility,
Umatilla Army Depot, Oregon, authorized by section 2401 of the Military
Construction Authorization Act for Fiscal Year 1995, as amended by section
2407 of the Military Construction Authorization Act for Fiscal Year 1996,
section 2408 of the Military Construction Authorization Act for Fiscal Year
1998, and section 2406 of the Military Construction Authorization Act for
Fiscal Year 1999, $35,900,000.
(12) For the construction of the Ammunition Demilitarization Facility,
Pueblo Chemical Activity, Colorado, authorized by 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.
(13) For the construction of the Ammunition Demilitarization Facility,
Newport Army Depot, Indiana, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1999 (112 Stat. 2193),
$61,200,000.
(14) For the construction of the Ammunition Demilitarization Facility,
Aberdeen Proving Ground, Maryland, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 1999,
$66,600,000.
(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 pursuant to
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 the hospital replacement, Fort Wainwright,
Alaska); and
(3) $184,000,000 (the balance of the amount authorized under section
2401(a) for the construction of the Ammunition Demilitarization Facility,
Blue Grass Army Depot, Kentucky).
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 1997
PROJECT.
The table in section 2401 of the Military Construction Authorization Act
for Fiscal Year 1997 (division B of Public Law 104-201; 110 Stat. 2775), under
the agency heading relating to Chemical Demilitarization Program, is amended
in the item relating to Pueblo Chemical Activity, Colorado, by striking
`$179,000,000' in the amount column and inserting `$203,500,000'.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North Atlantic
Treaty Organization Security Investment program as provided in 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
$172,472,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
There are authorized to be appropriated for fiscal years beginning after
September 30, 1999, for the costs of acquisition, architectural and
engineering services, and construction of facilities for the Guard and Reserve
Forces, and for contributions therefor, under chapter 1803 of title 10, United
States Code (including the cost of acquisition of land for those facilities),
the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States, $179,271,000;
and
(B) for the Army Reserve, $115,185,000.
(2) For the Department of the Navy, for the Naval and Marine Corps
Reserve, $23,045,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States, $232,340,000;
and
(B) for the Air Force Reserve, $34,864,000.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE SPECIFIED
BY LAW.
(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS- Except as provided in
subsection (b), all authorizations contained in titles XXI through XXVI for
military construction projects, land acquisition, family housing projects and
facilities, and contributions to the North Atlantic Treaty Organization
Security Investment program (and authorizations of appropriations therefor)
shall expire on the later of--
(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 Treaty Organization
Security Investment program (and authorizations of appropriations therefor),
for which appropriated funds have been obligated before the later of--
(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 2101, 2202, 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 (100 units) $10,000,000
Maine Naval Station Brunswick Family Housing Construction (72 units) $10,925,000
North Carolina Marine Corps Base Camp Lejuene Family Housing Construction (94 units) $10,110,000
South Carolina Marine Corps Air Station Beaufort Family Housing Construction (140 units) $14,000,000
Texas Naval Complex Corpus Christi Family Housing Construction (104 units) $11,675,000
Naval Air Station Kingsville Family Housing Construction (48 units) $7,550,000
Virginia Marine Corps Combat Development Command, Quantico Sanitary Fill $8,900,000
Washington Naval Station Everett Family Housing Construction (100 units) $15,015,000
---------------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1997 Project Authorization
-------------------------------------------------------------------
State Installation or location Project Amount
-------------------------------------------------------------------
Mississippi Camp Shelby Multipurpose Range $5,000,000
-------------------------------------------------------------------
Defense Agencies: Extension of 1997 Project Authorization
------------------------------------------------------------------------------------
State Installation or location Project Amount
------------------------------------------------------------------------------------
Colorado Pueblo Chemical Activity Ammunition Demilitarization Facility $179,000,000
------------------------------------------------------------------------------------
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 (138 units) $20,000,000
----------------------------------------------------------------------------------------
Army National Guard: Extension of 1996 Project Authorization
------------------------------------------------------------------------------------
State Installation or location Project Amount
------------------------------------------------------------------------------------
Missouri National Guard Training Site, Jefferson City Multipurpose Range $2,236,000
------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on the
later of--
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Program Changes
SEC. 2801. EXEMPTION FROM NOTICE AND WAIT REQUIREMENTS OF MILITARY
CONSTRUCTION PROJECTS SUPPORTED BY BURDENSHARING FUNDS UNDERTAKEN FOR WAR OR
NATIONAL EMERGENCY.
Section 2350j of title 10, United States Code, is amended--
(1) in subsection (e), 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.'; and
(2) in subsection (g), by striking `subsection (e)(1)' and inserting
`subsection (e)'.
SEC. 2802. PROHIBITION ON CARRYING OUT MILITARY CONSTRUCTION PROJECTS FUNDED
USING INCREMENTAL FUNDING.
(a) SENSE OF CONGRESS- It is the sense of Congress that--
(1) the President should request in the budget for each fiscal year
submitted to Congress under section 1105 of title 31, United States Code,
sufficient amounts to fund fully each military construction and family
housing construction project proposed to be authorized in such fiscal year;
and
(2) Congress should authorize and appropriate each fiscal year amounts
sufficient to fund fully each military construction and family housing
construction project authorized in such fiscal year.
(b) PROHIBITION ON INCREMENTAL FUNDING OF MILITARY CONSTRUCTION PROJECTS-
Section 2802 of title 10, United States Code, is amended by adding at the end
the following new subsection:
`(c) The Secretary of Defense and the Secretaries of the military
departments may not obligate funds for a military construction project
(including a military family housing project) otherwise authorized by law
unless the total amount of appropriations allocated for obligation and
expenditure for the project as of the initial obligation of funds for the
project is sufficient, without additional funds, to provide for the
construction of a usable facility meeting the purpose of the project.'.
SEC. 2803. DEFENSE CHEMICAL DEMILITARIZATION CONSTRUCTION ACCOUNT.
(a) ESTABLISHMENT- Subchapter I of chapter 169 of title 10, United States
Code, is amended by adding at the end the following:
`Sec. 2814. Defense Chemical Demilitarization Construction Account
`(a) ESTABLISHMENT- There is established on the books of the Treasury the
Defense Chemical Demilitarization Construction Account (in this section
referred to as the `Account').
`(b) CREDITS TO ACCOUNT- There shall be credited to the Account amounts
authorized for and appropriated to the Account.
`(c) USE OF AMOUNTS IN ACCOUNT- Amounts in the Account shall be available
to the Secretary of Defense for carrying out military construction projects
authorized by law in support of the chemical demilitarization activities of
the Department of Defense under section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521) and other provisions of law.
`(d) LIMITATION ON OBLIGATION AND EXPENDITURE- (1) Subject to paragraph
(2), amounts appropriated to the Account for a military construction project
shall remain available for obligation and expenditure for the project in the
fiscal year for which appropriated and the two succeeding fiscal years.
`(2) Amounts appropriated for a military construction project for a fiscal
year shall remain available for the project until expended without regard to
the limitation specified in paragraph (1) if--
`(A) any portion of such amounts are obligated for the project before
the end of the fiscal years referred to in that paragraph; or
`(B) the availability of such amounts for the project are otherwise
extended by law.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of that
subchapter is amended by adding at the end the following new item:
`2814. Defense Chemical Demilitarization Construction Account.'.
SEC. 2804. LIMITATION ON AUTHORITY REGARDING ANCILLARY SUPPORTING FACILITIES
UNDER ALTERNATIVE AUTHORITY FOR ACQUISITION AND CONSTRUCTION OF MILITARY
HOUSING.
Section 2881 of title 10, United States Code, is amended--
(1) by inserting `(a) IN GENERAL- ' before `Any project'; and
(2) by adding at the end the following new subsection:
`(b) LIMITATION- 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. AVAILABILITY OF FUNDS FOR PLANNING AND DESIGN IN CONNECTION WITH
ACQUISITION OF RESERVE COMPONENT FACILITIES.
Section 18233(f)(1) of title 10, United States Code, is amended by
inserting `and 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
that 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.'.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. EXTENSION OF AUTHORITY FOR LEASES OF 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- Section 2688 of title 10,
United States Code, is amended--
(1) by redesignating subsections (f), (g), and (h) as subsections (h),
(i), and (j), respectively; and
(2) by inserting after subsection (e) the following new subsection
(f):
`(f) EXTENDED CONTRACTS FOR UTILITY SERVICES- (1) The Secretary concerned
may, in connection with a conveyance of a utility system under this section,
enter into a contract for the provision of utility services.
`(2) Notwithstanding the proviso in section 201(a)(3) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 481(a)(3)), the
term of a contract under this subsection may be up to 50 years.'.
(b) AVAILABILITY OF MILITARY CONSTRUCTION FUNDS TO FACILITATE CONVEYANCES-
That section is further amended by inserting after subsection (f), as added by
subsection (a) of this section, the following new subsection (g):
`(g) AVAILABILITY OF MILITARY CONSTRUCTION FUNDS TO FACILITATE
CONVEYANCES- (1) Funds appropriated for a military construction project
authorized by law for the construction, repair, or replacement of a utility
system to be conveyed under this section may, instead of being used for the
project, be used for a contribution by the Secretary concerned to the utility
company or entity to which the utility system is being conveyed for the costs
of the utility company or entity with respect to the construction, repair, or
replacement of the utility system.
`(2) The Secretary concerned shall take into account any contribution
under this subsection with respect to a utility system for purposes of the
economic analysis required for the conveyance of the utility system under
subsection (e)(1).'.
Subtitle C--Defense Base Closure and Realignment
SEC. 2821. CONVEYANCE OF PROPERTY AT INSTALLATIONS CLOSED OR REALIGNED UNDER
THE BASE CLOSURE LAWS WITHOUT CONSIDERATION FOR ECONOMIC REDEVELOPMENT
PURPOSES.
(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 creating jobs at the installation'
before the period at the end; and
(2) by striking subparagraph (B) and inserting the following new
subparagraph (B):
`(B)(i) Subject to clauses (ii) and (iii), the transfer of property under
this paragraph shall be for consideration at the fair market value of the
property.
`(ii) The transfer of property under this paragraph shall be without
consideration in the case of an installation located in a rural area whose
closure or realignment under this part will have a substantial adverse impact
on the economy of the communities in the vicinity of the installation.
`(iii) The transfer of property of an installation under this paragraph
shall also be without consideration if the redevelopment authority with
respect to the installation--
`(I) provides in the agreement for the transfer of such property that
the proceeds of any sale or lease of such property, or portion of such
property, received by the redevelopment authority during the period after
the date of the transfer of such property agreed upon by the redevelopment
authority and the Secretary (but not less than 10 years after that date)
shall be used for economic redevelopment of the installation or related to
the installation; and
`(II) accepts control of such property under the agreement within a
reasonable time (as determined by the Secretary) after the completion of the
property disposal record of decision or the entry of a finding of no
significant environmental impact with
respect to the transfer under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
`(iv) For purposes of clause (iii), the following activities shall be
treated as economic redevelopment of an installation or related to an
installation:
`(I) Road construction or improvement.
`(II) Construction or improvement of transportation management
facilities.
`(III) Construction or improvement of storm and sanitary sewers.
`(IV) Construction or improvement of facilities for police or fire
protection services.
`(V) Construction or improvement of other public facilities.
`(VI) Construction or improvement of utilities.
`(VII) Rehabilitation or improvement of buildings, including
preservation of historic property.
`(VIII) Construction, improvement, or acquisition of pollution
prevention equipment or facilities.
`(IX) Demolition of facilities.
`(X) Property management activities, including removal of hazardous
material, landscaping, grading, and other site or public improvements.
`(XI) Planning and marketing the development and reuse of the
installation.
`(v) An agreement for the transfer of property of an installation under
clause (iii)(I) shall permit the Secretary to recoup from the redevelopment
authority concerned such portion as the Secretary determines appropriate of
the amount of any proceeds of the sale or lease of the property that the
redevelopment authority does not use to support economic redevelopment of the
installation or related to the installation for the period specified in the
agreement.'.
(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 creating jobs at the installation'
before the period at the end; and
(2) by striking subparagraph (B) and inserting the following new
subparagraph (B):
`(B)(i) Subject to clauses (ii) and (iii), the transfer of property under
this paragraph shall be for consideration at the fair market value of the
property.
`(ii) The transfer of property under this paragraph shall be without
consideration in the case of an installation located in a rural area whose
closure or realignment under this title will have a substantial adverse impact
on the economy of the communities in the vicinity of the installation.
`(iii) The transfer of property of an installation under this paragraph
shall also be without consideration if the redevelopment authority with
respect to the installation--
`(I) provides in the agreement for the transfer of such property that
the proceeds of any sale or lease of such property, or portion of such
property, received by the redevelopment authority during the period after
the date of the transfer of such property agreed upon by the redevelopment
authority and the Secretary (but not less than 10 years after such date)
shall be used for economic redevelopment of the installation or related to
the installation; and
`(II) accepts control of such property under the agreement within a
reasonable time (as determined by the Secretary) after the completion of the
property disposal record of decision or the entry of a finding of no
significant environmental impact with respect to the transfer under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
`(iv) For purposes of clause (iii), the following activities shall be
treated as economic redevelopment of an installation or related to an
installation:
`(I) Road construction or improvement.
`(II) Construction or improvement of transportation management
facilities.
`(III) Construction or improvement of storm and sanitary sewers.
`(IV) Construction or improvement of facilities for police or fire
protection services.
`(V) Construction or improvement of other public facilities.
`(VI) Construction or improvement of utilities.
`(VII) Rehabilitation or improvement of buildings, including
preservation of historic property.
`(VIII) Construction, improvement, or acquisition of pollution
prevention equipment or facilities.
`(IX) Demolition of facilities.
`(X) Property management activities, including removal of hazardous
material, landscaping, grading, and other site or public improvements.
`(XI) Planning and marketing the development and reuse of the
installation.
`(v) An agreement for the transfer of property of an installation under
clause (iii)(I) shall permit the Secretary to recoup from the redevelopment
authority concerned such portion as the Secretary determines appropriate of
the amount of any proceeds of the sale or lease of the property that the
redevelopment authority does not use to support economic redevelopment of the
installation or related to the installation for the period specified in the
agreement.'.
(c) APPLICABILITY TO CERTAIN PRIOR AGREEMENTS- (1)(A) Subject to
subparagraph (B), the Secretary of Defense may modify an agreement for the
transfer of property under section 2905(b)(4) of the Defense Base Closure and
Realignment Act of 1990, or under section 204(b)(4) of the Defense
Authorization Amendments and Base Closure and Realignment Act, that was
entered into before April 21, 1999, for purposes of the compromise, waiver,
adjustment, release, or reduction of any right, title, claim, lien, or demand
of the United States under the agreement.
(B) The Secretary may modify an agreement under this paragraph only
if--
(i) the Secretary determines that, as a result of changed economic
circumstances, the modification is necessary to provide for economic
redevelopment of
the installation concerned or related to that installation;
(ii) the terms of the modification do not require the return of any
payments made to the Secretary under the agreement before the date of the
modification; and
(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 under the agreement with respect to the receipt by the United States
of in-kind consideration.
(C) In modifying an agreement under subparagraph (A), the Secretary may
waive some or all future payments to the United States under the agreement to
the extent that the Secretary determines such waiver is necessary.
(D) In modifying an agreement under subparagraph (A), the Secretary and
the redevelopment authority concerned shall include in the agreement
provisions consistent with clauses (iii)(I) and (v) of section 2905(b)(4)(B)
of the Defense Base Closure and Realignment Act of 1990 (as amended by this
section), or clauses (iii)(I) and (v) under section 204(b)(4)(B) of the
Defense Authorization Amendments and Base Closure and Realignment Act (as so
amended), as applicable.
(2)(A) The Secretary shall, upon the request of the redevelopment
authority concerned, modify an agreement for the transfer of property under
section 2905(b)(4) of the Defense Base Closure and Realignment Act of 1990, or
under section 204(b)(4) of the Defense Authorization Amendments and Base
Closure and Realignment Act, that was entered into between April 21, 1999, and
the date of the enactment of this Act in order to conform the agreement to the
provisions of subparagraph (B) of such section 2905(b)(4), as so amended, or
subparagraph (B) of such section 204(b)(4), as so amended.
(B) A modification of an agreement under this paragraph may compromise,
waive, adjust, release, or reduce any right, title, claim, lien, or demand of
the United States under the agreement.
(d) REPEAL OF CERTAIN OBSOLETE AUTHORITY- (1) Section 204(b)(4)(D) of the
Defense Authorization Amendments and Base Closure and Realignment Act is
amended--
(A) by striking `(i)'; and
(B) by striking clause (ii).
(2) Section 2905(b)(4)(D) of the Defense Base Closure and Realignment Act
of 1990 is amended--
(A) by striking `(i)'; and
(B) by striking clause (ii).
Subtitle D--Land Conveyances
PART I--ARMY CONVEYANCES
SEC. 2831. LAND CONVEYANCE, ARMY RESERVE CENTER, BANGOR, MAINE.
(a) CONVEYANCE AUTHORIZED- (1) 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. The parcel has been
determined to be excess to the needs of the Army.
(2) The purpose of the conveyance is to permit the City to use the
property 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) of this section 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 2696. 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- If during the 5-year period beginning on the
date the conveyance authorized by subsection (a) is made the Secretary
determines that the property conveyed under that subsection is not being used
for the purpose specified in paragraph (2) of that 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 of the Secretary 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 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 interest
of the United States.
PART II--NAVY CONVEYANCES
SEC. 2841. 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- That section is further amended by striking
`the Corporation' each place it appears and inserting `the Aquarium'.
SEC. 2842. LAND CONVEYANCE, NEWPORT, RHODE ISLAND.
(a) CONVEYANCE AUTHORIZED- The Secretary of the Navy may convey, without
consideration, 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 familiarly as the Ranger Road
site. The real property is bounded by Naval Station Newport, Rhode Island, to
the north and west, by the Town of Middletown, Rhode Island, to the north and
east, and by Admiral Kalbfus Road, the Jai Alai fronton, the Newport City
Yard, and the ramp to Newport Bridge to the south.
(b) CONDITION- The conveyance authorized by subsection (a) shall be
subject to the condition that the City use the conveyed property for one or
more of the following purposes:
(1) A satellite campus of the Community College of Rhode Island.
(2) A center for child day care and early childhood education.
(3) A center for offices of the Government of the State of Rhode
Island.
(c) REVERSIONARY INTEREST- 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 property is not being used for any of
the purposes specified in subsection (b), 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) LEGAL 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 acceptable 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 authorized
by subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 2843. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL RESERVE PLANT NO. 387,
DALLAS, TEXAS.
(a) CONVEYANCE AUTHORIZED- (1) The Secretary of the Navy may convey to the
City of Dallas, Texas (in this section referred to as the `City'), all right,
title, and interest of the United States in and to parcels of real property
consisting of approximately 314 acres and comprising the Naval Weapons
Industrial Reserve Plant No. 387, Dallas, Texas.
(2)(A) As part of the conveyance authorized by paragraph (1), the
Secretary may convey to the City such improvements, equipment, fixtures, and
other personal property located on the parcels referred to in that paragraph
as the Secretary determines to be not required by the Navy for other
purposes.
(B) The Secretary may permit the City to review and inspect the
improvements, equipment, fixtures, and other personal property located on the
parcels referred to in paragraph (1) for purposes of the conveyance authorized
by this paragraph.
(b) AUTHORITY TO CONVEY WITHOUT CONSIDERATION- The conveyance authorized
by subsection (a) may be made without consideration if the Secretary
determines that the conveyance on that basis would be in the best interests of
the United States.
(c) CONDITION OF CONVEYANCE- The conveyance authorized by subsection (a)
shall be subject to the condition that the City--
(1) use the parcels, directly or through an agreement with a public or
private entity, for economic purposes or such other public purposes as the
City determines appropriate; or
(2) convey the parcels to an appropriate public entity for use for such
purposes.
(d) REVERSION- If, during the 5-year period beginning on the date the
Secretary makes the conveyance authorized by subsection (a), the Secretary
determines that the conveyed real property is not being used for a purpose
specified in subsection (c), all right, title, and interest in and to the
property, including any improvements thereon, shall revert to the United
States, and the United States shall have the right of immediate entry onto the
property.
(e) LIMITATION ON CERTAIN SUBSEQUENT CONVEYANCES- (1) Subject to paragraph
(2), if at any time after the Secretary makes the conveyance authorized by
subsection (a) the City conveys any portion of the parcels conveyed under that
subsection to a private entity, the City shall pay to the United States an
amount equal to the fair market value (as determined by the Secretary) of the
portion conveyed at the time of its conveyance under this subsection.
(2) Paragraph (1) applies to a conveyance described in that paragraph only
if the Secretary makes the conveyance authorized by subsection (a) without
consideration.
(3) The Secretary shall deposit in the General Fund of the Treasury as
miscellaneous receipts any amounts paid the Secretary under this
subsection.
(f) INTERIM LEASE- (1) Until such time as the real property described in
subsection (a) is conveyed by deed under this section, the Secretary may
continue to lease the property, together with improvements thereon, to the
current tenant under the existing terms and conditions of the lease for the
property.
(2) If good faith negotiations for the conveyance of the property continue
under this section beyond the end of the third year of the term of the
existing lease for the property, the Secretary shall continue to lease the
property to the current tenant of the property under the terms and conditions
applicable to the first three years of the lease of the property pursuant to
the existing lease for the property.
(g) MAINTENANCE OF PROPERTY- (1) Subject to paragraph (2), the Secretary
shall be responsible for maintaining the real property to be conveyed under
this section
in its condition as of the date of the enactment of this Act until such time
as the property is conveyed by deed under this section.
(2) The current tenant of the property shall be responsible for any
maintenance required under paragraph (1) to the extent of the activities of
that tenant at the property during the period covered by that paragraph.
(h) DESCRIPTION OF PROPERTY- The exact acreage and legal description of
the real property to be conveyed under subsection (a) shall be determined by a
survey satisfactory to the Secretary. The cost of the survey shall be borne by
the City.
(i) ADDITIONAL TERMS AND CONDITIONS- The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the interests
of the United States.
PART III--AIR FORCE CONVEYANCES
SEC. 2851. LAND CONVEYANCE, MCCLELLAN NUCLEAR RADIATION CENTER,
CALIFORNIA.
(a) CONVEYANCE AUTHORIZED- Notwithstanding any other provision of law, 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.
(b) INSPECTION OF PROPERTY- The Secretary shall, at an appropriate time
before the conveyance authorized by subsection (a), permit the Regents access
to the property to be conveyed 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
authorized by subsection (a) unless the Regents agree to indemnify and hold
harmless the United States for and against the following:
(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) As consideration for the agreement under subparagraph (A), the
Secretary may pay the Regents an amount determined appropriate by the
Secretary. The amount may not exceed $17,593,000.
(2) Notwithstanding the agreement under paragraph (1), the Secretary may,
as part of the conveyance authorized by subsection (a), enter into an
agreement with the Regents under which agreement 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
under this section 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, 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 under
subsection (a) as the Secretary considers appropriate to protect the interests
of the United States.
SEC. 2852. 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.
The parcels have been determined to be excess to the needs of the Air
Force.
(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) ALTERNATIVE CONVEYANCE AUTHORITY- If at the time of the conveyance
authorized by this section 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.
(d) FEDERAL SCREENING- (1) If any of the property authorized to be
conveyed by this section 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
2696. 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.
(e) 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 official having jurisdiction over the property or pipeline, as the case
may be, at the time of the conveyance. The cost of any survey or other
services performed at the direction of that official under the preceding
sentence shall be borne by the Authority.
(f) ADDITIONAL TERMS AND CONDITIONS- The official having jurisdiction over
the property to be conveyed under subsection (a), or the pipeline and easement
to be conveyed under subsection (b), 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.
Subtitle E--Other Matters
SEC. 2861. 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).
(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 to be 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. 2862. 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 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; 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 title 10, United States Code, and may include such others terms as the
Secretary considers appropriate to protect the interests of the United
States.
(3) A lease of real property under this subsection may provide that, upon
termination of the lease term, the lessee shall have the right of first
refusal to acquire the real property covered by the lease if the property is
then conveyed under subsection (b).
(4)(A) The Secretary may provide property support services to or for real
property leased under this subsection.
(B) To the extent provided in appropriations Acts, any payment made to the
Secretary for services provided under this paragraph shall be credited to the
appropriation, account, or fund from which the cost of providing the services
was paid.
(d) ACQUISITION OF LEASEHOLD INTEREST BY SECRETARY- (1) The Secretary of
the Navy may acquire a leasehold interest in any facility constructed under
subsection (f) as consideration for a transaction authorized by this section
upon such terms as the Secretary considers appropriate to promote the purpose
of this section.
(2) The term of a lease under paragraph (1) may not exceed 10 years,
unless the Secretary of Defense approves a term in excess of 10 years for the
purpose 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 purpose 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 appropriation Acts, funds in the Ford Island Improvement Account
may be used as follows:
(A) To carry out or facilitate the carrying out of a transaction
authorized by this section.
(B) To carry out improvements of property or facilities at Ford
Island.
(C) To obtain property support services for property or facilities at
Ford Island.
(2) To extent that the authorities provided under subchapter IV of chapter
169 of title 10, United States Code, are available to the Secretary of the
Navy, the Secretary may not use the authorities in this section to acquire,
construct, or improve family housing units, military unaccompanied housing
units, or ancillary supporting facilities related to military housing at Ford
Island.
(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 title 10, United States Code.
(ii) The Department of Defense Military Unaccompanied Housing
Improvement Fund established by section 2883(a)(2) of that 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 title 10, United States Code, for activities authorized under
subchapter IV of chapter 169 of that title 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 title 10, United States Code.
(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) 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 2862(i)(3)(A)(i) of the Military Construction
Authorization Act for Fiscal Year 2000, 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 2862(i)(3)(A)(ii) of the Military Construction
Authorization Act for Fiscal Year 2000, subject to the restrictions on the
use of the transferred amounts specified in that section.'.
(m) DEFINITIONS- In this section:
(1) The term `appropriate committees of Congress' has the meaning given
that term in section 2801(4) of title 10, United States Code.
(2) The term `property support service' means the following:
(A) Any utility service or other service listed in section 2686(a) of
title 10, United States Code.
(B) Any other service determined by the Secretary to be a service that
supports the operation and maintenance of real property, personal
property, or facilities.
TITLE XXIX--RENEWAL OF MILITARY LAND WITHDRAWALS
SEC. 2901. SHORT TITLE.
This title may be cited as the Military Lands Withdrawal Renewal Act of
1999'.
SEC. 2902. WITHDRAWALS.
(a) BARRY M. GOLDWATER RANGE- (1) Subject to valid existing rights and
except as otherwise provided in this title, the lands described in paragraph
(3) are hereby
withdrawn from all forms of appropriation under the public land laws
(including the mining laws and the mineral leasing and the geothermal leasing
laws).
(2) Such lands are reserved for use by the Secretary of the Air Force and
the Secretary of the Navy for--
(A) testing and training for aerial bombing, missile firing, and
tactical maneuvering and air support;
(B) joint air and ground operations training, including ground
maneuvers; and
(C) subject to the requirements of section 2904(f), other
defense-related purposes consistent with the purposes specified in this
paragraph.
(3) The lands referred to in paragraph (1) are the lands comprising
approximately 2,664,423 acres in Maricopa, Pima, and Yuma Counties, Arizona,
as generally depicted on the map entitled `Luke Air Force Range
Withdrawal--Proposed', dated January 1985, and withdrawn by the provisions of
section 1(c) of the Military Lands Withdrawal Act of 1986 (Public Law 99-606).
Such lands do not include any portion of the lands so withdrawn that were
relinquished to the Secretary of the Interior under the provisions of that
Act.
(4)(A) The Secretary of the Air Force and the Secretary of the Navy shall
enter into a memorandum of understanding specifying the geographic areas of
the lands withdrawn by this subsection that will be managed by the Secretary
of the Air Force and the Secretary of the Navy, respectively.
(B) For purposes of this title, the Secretary of the Air Force shall be
treated as the Secretary of the military department concerned for the lands
specified in the memorandum of understanding as managed by the Secretary of
the Air Force.
(C) For purposes of this title, the Secretary of the Navy shall be treated
as the Secretary of the military department concerned for the lands specified
in the memorandum of understanding as managed by the Secretary of the Navy.
(5) The Barry M. Goldwater Air Force Range is hereby redesignated as the
`Barry M. Goldwater Range'. Any reference to the Barry M. Goldwater Air Force
Range in any law, regulation, document, record, map, or other paper of the
United States shall be deemed to be a reference to the Barry M. Goldwater
Range.
(6) The withdrawal and reservation established by this subsection shall be
a multi-year withdrawal consistent with the environmental impact statements
prepared by the military departments and the Department of the Interior.
(b) MCGREGOR RANGE- (1) Subject to valid existing rights and except as
otherwise provided in this title, the public lands described in paragraph (3)
are hereby withdrawn from all forms of appropriation under the public land
laws (including the mining laws and the mineral leasing and the geothermal
leasing laws).
(2) Such lands are reserved for use by the Secretary of the Army--
(A) for training and weapons testing; and
(B) subject to the requirements of section 2904(f), for other
defense-related purposes consistent with the purposes specified in this
paragraph.
(3) The lands referred to in paragraph (1) are the lands comprising
approximately 608,384.87 acres in Otero County, New Mexico, as generally
depicted on the map entitled `McGregor Range Withdrawal--Proposed', dated
January 1985, and withdrawn by the provisions of section 1(d) of the Military
Lands Withdrawal Act of 1986. Such lands do not include any portion of the
lands so withdrawn that were relinquished to the Secretary of the Interior
under the provisions of that Act.
(4) Any of the public lands withdrawn under paragraph (1) which, as of the
date of the enactment of this Act, are managed pursuant to section 603 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782) shall continue
to be managed under that section until otherwise expressly provided by law.
(5) The withdrawal and reservation established by this subsection shall be
a multi-year withdrawal consistent with the environmental impact statements
prepared by the military departments and the Department of the Interior.
(c) FORT GREELY MANEUVER AREA AND FORT GREELY AIR DROP ZONE- (1) Subject
to valid existing rights and except as otherwise provided in this title, the
lands described in paragraph (3) are hereby withdrawn from all forms of
appropriation under the public land laws (including the mining laws and the
mineral leasing and the geothermal leasing laws), under the Act entitled `An
Act to provide for the admission of the State of Alaska into the Union',
approved July 7, 1958 (48 U.S.C. note prec. 21), and under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.).
(2) Such lands are reserved for use by the Secretary of the Army for--
(A) military maneuvering, training, and equipment development and
testing; and
(B) subject to the requirements of section 2904(f), other
defense-related purposes consistent with the purposes specified in this
paragraph.
(3)(A) The lands referred to in paragraph (1) are--
(i) the lands comprising approximately 571,995 acres in the Big Delta
Area, Alaska, as generally depicted on the map entitled `Fort Greely
Maneuver Area Withdrawal--Proposed', dated January 1985, and withdrawn by
the provisions of section 1(e) of the Military Lands Withdrawal Act of 1986;
and
(ii) the lands comprising approximately 51,590 acres in the Granite
Creek Area, Alaska, as generally depicted on the map entitled `Fort Greely,
Air Drop Zone Withdrawal--Proposed', dated January 1985, and withdrawn by
the provisions of such section.
(B) Such lands do not include any portion of the lands so withdrawn that
were relinquished to the Secretary of the Interior under the provisions of
that Act.
(d) FORT WAINWRIGHT MANEUVER AREA- (1) Subject to valid existing rights
and except as otherwise provided in this title, the public lands described in
paragraph (3) are hereby withdrawn from all forms of appropriation under the
public land laws (including the mining laws and the mineral leasing and the
geothermal leasing laws), under the Act entitled `An Act to provide for the
admission of the State of Alaska into the Union', approved July 7, 1958 (48
U.S.C. note prec. 21), and under the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.).
(2) Such lands are reserved for use by the Secretary of the Army for--
(A) military maneuvering;
(B) training for artillery firing, aerial gunnery, and infantry tactics;
and
(C) subject to the requirements of section 2904(f), other
defense-related purposes consistent with the purposes specified in this
paragraph.
(3) The lands referred to in paragraph (1) are the lands comprising
approximately 247,951.67 acres of land in the Fourth Judicial District,
Alaska, as generally depicted on the map entitled `Fort Wainwright Maneuver
Area Withdrawal--Proposed', dated January 1985, and withdrawn by the
provisions of section 1(f) of the Military Lands Withdrawal Act of 1986. Such
lands do not include any portion of the lands so withdrawn that were
relinquished to the Secretary of the Interior under the provisions of that
Act.
SEC. 2903. MAPS AND LEGAL DESCRIPTIONS.
(a) PUBLICATION AND FILING REQUIREMENT- As soon as practicable after the
date of the enactment of this Act, the Secretary of the Interior shall--
(1) publish in the Federal Register a notice containing the legal
description of the lands withdrawn by this title; and
(2) file maps and the legal description of the lands withdrawn by this
title 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 they were included in this title 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 following
offices:
(1) The Office of the Secretary of Defense.
(2) The offices of the Director and appropriate State Directors of the
Bureau of Land Management.
(3) The offices of the Director and appropriate Regional Directors of
the United States Fish and Wildlife Service.
(4) The office of the commander, Luke Air Force Base.
(5) The office of the commander, McGregor Range.
(6) The office of the installation commander, Fort Richardson,
Alaska.
(7) The office of the commander, Marine Corps Air Station, Yuma,
Arizona.
(d) REIMBURSEMENT- The Secretary of Defense shall reimburse the Secretary
of the Interior for any costs incurred by the Secretary of the Interior in
carrying out this section.
SEC. 2904. MANAGEMENT OF WITHDRAWN LANDS.
(a) MANAGEMENT BY SECRETARY OF THE INTERIOR- (1)(A) The Secretary of the
Interior shall manage the lands withdrawn by this title (except those lands
within a unit of the National Wildlife Refuge System) pursuant to the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and other
applicable law, including the Recreation Use of Wildlife Areas Act of 1962 (16
U.S.C. 460k et seq.) and this title. The Secretary shall manage such lands
through the Bureau of Land Management.
(B)(i) Lands within the Cabeza Prieta National Wildlife Refuge shall be
managed pursuant to the National Wildlife Refuge System Administration Act of
1966 (16 U.S.C. 668dd et seq.) and other applicable laws, including this
title.
(ii) No provision of this title, except this section and sections 2902,
2905, 2912, and 2913, shall apply to the management of the Cabeza Prieta
National Wildlife Refuge.
(2) To the extent consistent with applicable law and Executive orders, the
lands withdrawn by this title may be managed in a manner permitting--
(A) the continuation of grazing pursuant to applicable law and Executive
orders where permitted on the date of the enactment of this Act;
(B) protection of wildlife and wildlife habitat;
(C) control of predatory and other animals;
(E) the prevention and appropriate suppression of brush and range fires
resulting from nonmilitary activities.
(3)(A) All nonmilitary use of the lands withdrawn by this title, other
than the uses described in paragraph (2), 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 title.
(B) The Secretary of the Interior may issue any lease, easement,
right-of-way, or other authorization with respect to the nonmilitary use of
such lands only with the concurrence of the Secretary of the military
department concerned.
(b) CLOSURE TO PUBLIC- (1) 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 the lands withdrawn by this title, that Secretary may take such
action as that Secretary determines necessary to effect and maintain such
closure.
(2) Any such closure 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) 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
closures.
(c) MANAGEMENT PLAN- (1)(A) 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 this title.
(A) be consistent with applicable law;
(B) be subject to conditions and restrictions specified in subsection
(a)(3); and
(C) include such provisions as may be necessary for proper management
and protection of the resources and values of such areas.
(3) The Secretary of the Interior shall develop each plan required by this
subsection not later than three years after the date of the enactment of this
Act. In developing a plan for an area, the Secretary may utilize or modify
appropriate provisions of the management plan developed for the area under
section 3(c) of the Military Lands Withdrawal Act of 1986.
(d) BRUSH AND RANGE FIRES- (1) The Secretary of the military department
concerned shall take necessary precautions to prevent and suppress brush and
range fires occurring within and outside the lands withdrawn by this title as
a result of military activities and may seek assistance from the Bureau of
Land Management in the suppression of such fires.
(2) Each memorandum of understanding required by subsection (e) shall
provide for Bureau of Land Management assistance in the suppression of fires
referred to in paragraph (1) in the area covered by the memorandum of
understanding, and for a transfer of funds from the military department
concerned to the Bureau of Land Management as compensation for such
assistance.
(e) MEMORANDUM OF UNDERSTANDING- (1) The Secretary of the Interior and the
Secretary of the military department concerned shall (with respect to each
area withdrawn by section 2902) enter into a memorandum of understanding to
implement the management plan developed under subsection (c).
(2) Each memorandum of understanding shall provide that the Director of
the Bureau of Land Management shall provide assistance in the suppression of
fires resulting from the military use of lands withdrawn by this title if
requested by the Secretary of the military department concerned.
(f) ADDITIONAL MILITARY USES- (1) The lands withdrawn by this title may be
used for defense-related uses other than those specified in the applicable
provision of section 2902. The use of such lands for such purposes shall be
governed by all laws applicable to such lands, including this title.
(2)(A) The Secretary of Defense shall promptly notify the Secretary of the
Interior in the event that the lands withdrawn by this title will be used for
defense-related purposes other than those specified in section 2902.
(B) Such notification shall indicate the additional use or uses involved,
the proposed duration of such uses, and the extent to which such additional
military uses of the
lands will require that additional or more stringent conditions or
restrictions be imposed on otherwise-permitted nonmilitary uses of the land or
portions thereof.
(3) Subject to valid existing rights, the Secretary of the military
department concerned may utilize sand, gravel, or similar mineral or material
resources on the lands withdrawn by this title when the use of such resources
is required to meet the construction needs of the military department
concerned on the lands withdrawn by this title.
(g) ADDITIONAL MANAGEMENT REQUIREMENTS- (1) Except as otherwise provided
in this title, the lands withdrawn by this title shall be managed in a manner
that--
(A) complies with current resource management standards; and
(B) maintains a level of effort similar to that in effect on the date of
the enactment of this Act.
(2) Not later than six months after the date of the enactment of this Act,
the Secretary of the Interior shall submit to Congress and to the Secretary of
Defense a report on the management of lands withdrawn by this title. The
report shall include any recommendations for additional actions to preserve
and protect the natural resources of such lands, and any additional
recommendations, that the Secretary of the Interior considers appropriate.
SEC. 2905. SPECIAL WILDLIFE RULES ON BARRY M. GOLDWATER RANGE.
(a) APPLICABILITY OF LAW- Neither the withdrawal by section 2902(a) nor
any other provision of this title shall be construed to amend any law,
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.
(b) APPLICABILITY OF MEMORANDA OF UNDERSTANDING- Neither the withdrawal by
section 2902(a) nor any other provision of this title shall be construed to
amend any memorandum of understanding between the Secretary of the Interior
and the Secretary of the Air Force regarding the administration and joint use
of a portion of the Cabeza Prieta National Wildlife Refuge.
(c) MODIFICATION OF MEMORANDA OF UNDERSTANDING- No modification of a
provision of the memorandum of understanding between the Secretary of the
Interior and the Secretary of the Air Force regarding Air Force operations on
the Cabeza Prieta National Wildlife Refuge in effect on November 21, 1994,
shall take effect until 90 days after the date on which the Secretary of the
Interior submits to the Committees on Armed Services, Energy and Natural
Resources, and Environment and Public Works of the Senate and the Committees
on Armed Services and Resources of the House of Representatives a report on
the proposed modification.
SEC. 2906. ESTABLISHMENT OF NATIONAL PARK IN BARRY M. GOLDWATER RANGE.
(a) STUDY- The Secretary of Defense and the Secretary of the Interior
shall jointly conduct a comprehensive study of the feasibility and
advisability of establishing a national park from all or portions of the lands
withdrawn by section 2902(a).
(b) REPORT- Not later than 2 years after the date of the enactment of this
Act, the Secretary of Defense and the Secretary of the Interior shall jointly
submit to Congress a report on the study conducted under subsection (a). The
report shall include the recommendations of the Secretaries as to the
feasibility and advisability of establishing a national park from all or
portions of the lands specified in that subsection.
SEC. 2907. LAND MANAGEMENT ANALYSIS.
(a) PERIODIC ANALYSIS REQUIRED- Not later than 10 years after the date of
the enactment of this Act, any every 10 years thereafter, the Secretary of the
military department concerned shall, in consultation with the Secretary of the
Interior, conduct an analysis of the degree to which the management of the
lands withdrawn by this title conforms to the requirements of laws applicable
to the management of such lands, including this title.
(b) DEADLINE- Each analysis under this section shall be completed not
later than 270 days after the commencement of such analysis.
(c) LIMITATION ON COST- The cost of each analysis under this section may
not exceed $900,000 in constant 1999 dollars.
(d) REPORT- Not later than 90 days after the date of the completion of an
analysis under this section, the Secretary of the military department
concerned shall submit to Congress a report on the analysis. The report shall
set forth the results of the analysis and include any other matters relating
to the management of the lands withdrawn by this title that such Secretary
considers appropriate.
SEC. 2908. ONGOING ENVIRONMENTAL RESTORATION.
(a) REQUIREMENT- To the extent provided in advance in appropriations Acts,
the Secretary of the military department concerned shall carry out a program
to provide for the environmental restoration of the lands withdrawn by this
title in order to ensure a level of environmental decontamination of such
lands equivalent to the level of environmental decontamination that exists on
such lands as of the date of the enactment of this Act.
(b) REPORTS- (1) At the same time the President submits to Congress the
budget for any fiscal year after fiscal year 2000, the Secretary of the
military department concerned shall submit to the committees referred to in
paragraph (2) a report on environmental restoration activities relating to the
lands withdrawn by this title. The report shall satisfy the requirements of
section 2706(a) of title 10, United States Code, with respect to the
activities on such lands.
(2) The committees referred to in paragraph (1) are 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.
SEC. 2909. RELINQUISHMENT.
(a) AUTHORITY- The Secretary of the military department concerned may
relinquish all or any of the lands withdrawn by this title to the Secretary of
the Interior.
(b) NOTICE- If the Secretary of the military department concerned
determines to relinquish any lands withdrawn by this title under subsection
(a), that Secretary shall transmit to the Secretary of the Interior a notice
of intent to relinquish such lands.
(c) DETERMINATION OF CONTAMINATION- (1) Before transmitting a notice of
intent to relinquish any lands under subsection (b), the Secretary of Defense,
acting through the military department concerned, shall determine whether and
to what extent such lands are contaminated with explosive, toxic, or other
hazardous materials.
(2) A copy of a determination with respect to any lands under paragraph
(1) shall be transmitted to the Secretary of the Interior together with the
notice of intent to relinquish such lands under subsection (b).
(3) Copies of both the notice of intent to relinquish lands under
subsection (b) and the determination regarding the contamination of such lands
under this subsection shall be published in the Federal Register by the
Secretary of the Interior.
(d) DECONTAMINATION- (1) If any land subject to a notice of intent to
relinquish under subsection (a) is contaminated, and the Secretary of the
Interior, in consultation with the Secretary of the military department
concerned, makes the determination described in paragraph (2), the Secretary
of the military department concerned shall, to the extent provided in advance
in appropriations Acts, undertake the environmental decontamination of the
land.
(2) A determination referred to in this paragraph is a determination
that--
(A) decontamination of the land concerned is practicable and
economically feasible (taking into consideration the potential future use
and value of the land); and
(B) upon decontamination, the land could be opened to operation of some
or all of the public land laws, including the mining laws.
(e) ALTERNATIVES- (1) If a circumstance described in paragraph (2) arises
with respect to any land which is covered by a notice of intent to relinquish
under subsection (a), the Secretary of the Interior shall not be required to
accept the land under this section.
(2) A circumstance referred to in this paragraph is--
(A) a determination by the Secretary of the Interior, in consultation
with the Secretary of the military department concerned that--
(i) decontamination of the land is not practicable or economically
feasible; or
(ii) the land cannot be decontaminated to a sufficient extent to
permit its opening to the operation of some or all of the public land
laws; or
(B) the appropriation by Congress of amounts that are insufficient to
provide for the decontamination of the land.
(f) STATUS OF CONTAMINATED LANDS- If, because of their contaminated state,
the Secretary of the Interior declines to accept jurisdiction over lands
withdrawn by this title which have been proposed for relinquishment under
subsection (a)--
(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; and
(2) the Secretary of the military department concerned shall report to
the Secretary of the Interior and to Congress concerning the status of such
lands and all actions taken in furtherance of this subsection.
(g) REVOCATION OF AUTHORITY- (1) Notwithstanding any other provision of
law, the Secretary of the Interior may, upon deciding that it is in the public
interest to accept jurisdiction over lands proposed for relinquishment
pursuant to subsection (a), revoke the withdrawal established by this title as
it applies to such lands.
(2) Should the decision be made to revoke the withdrawal, the Secretary of
the Interior shall publish in the Federal Register an appropriate order which
shall--
(A) terminate the withdrawal;
(B) constitute official acceptance of full jurisdiction over the lands
by the Secretary of the Interior; and
(C) state the date upon which the lands will be opened to the operation
of some or all of the public lands laws, including the mining laws.
(h) TREATMENT OF CERTAIN RELINQUISHED LANDS- Any lands withdrawn by
section 2902(c) or 2902(d) that are relinquished under this section shall be
public lands under the jurisdiction of the Bureau of Land Management and shall
be considered vacant, unreserved, and unappropriated for purposes of the
public land laws.
SEC. 2910. DELEGABILITY.
(a) DEFENSE- The functions of the Secretary of Defense or of the Secretary
of a military department under this title may be delegated.
(b) INTERIOR- The functions of the Secretary of the Interior under this
title may be delegated, except that an order described in section 2909(g) 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. 2911. WATER RIGHTS.
Nothing in this title shall be construed to establish a reservation to the
United States with respect to any water or water right on the lands described
in section 2902. No provision of this title shall be construed as authorizing
the appropriation of water on lands described in section 2902 by the United
States after the date of the enactment of this Act except in accordance with
the law of the relevant State in which lands described in section 2902 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. 2912. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands withdrawn by this title
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 1962 (16 U.S.C.
460k et seq.), and other laws applicable to the National Wildlife Refuge
System.
SEC. 2913. MINING AND MINERAL LEASING.
(a) DETERMINATION OF LANDS SUITABLE FOR OPENING- (1) 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 (except as provided in this subsection) described in
subsections (b), (c), and (d) of section 2902 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) The Secretary of the Interior shall publish a notice in the Federal
Register listing the lands determined suitable for opening pursuant to this
section and specifying the opening date, except that lands contained within
the Cabeza Prieta National Wildlife Refuge in Arizona shall not be determined
to be suitable for opening pursuant to this section.
(b) OPENING LANDS- On the day specified by the Secretary of the Interior
in a notice published in the Federal Register pursuant to subsection (a), the
land identified under subsection (a) as suitable for opening to the operation
of one or more of the laws specified in subsection (a) 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 described in section
2902.
(d) REGULATIONS- (1) The Secretary of the Interior, with the advice and
concurrence of the Secretary of the military department concerned, shall
prescribe such regulations to implement this section as may be necessary to
assure safe, uninterrupted, and unimpeded use of the lands described in
section 2902 for military purposes.
(2) Such regulations shall 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 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) Except as otherwise
provided in this title, mining claims located pursuant to this title shall be
subject to the provisions of the mining laws. In the event of a conflict
between those laws and this title, this title shall prevail.
(2) All mining claims located under the terms of this title 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) Patents issued pursuant to this title 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) All such patents shall contain a reservation to the United States of
the surface of all lands patented and of all nonlocatable minerals on those
lands.
(3) For the purposes of this subsection, all minerals subject to location
under the Mining Law of 1872 shall be treated as locatable minerals.
SEC. 2914. 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 described in section 2902.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of Energy
for fiscal year 2000 for weapons activities in carrying out programs necessary
for national security in the amount of $4,530,000,000, 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 $2,248,700,000, to be allocated as
follows:
(A) For core stockpile stewardship, $1,748,500,000, to be allocated as
follows:
(i) For operation and maintenance, $1,615,355,000.
(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.
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, $465,700,000, to be allocated as
follows:
(i) For operation and maintenance, $217,600,000.
(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, $34,500,000, to be
allocated as follows:
(i) For technology partnership, $15,200,000.
(ii) For education, $19,300,000.
(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 $2,039,300,000, to be allocated as follows:
(A) For operation and maintenance, $1,880,621,000.
(B) For plant projects (including maintenance, restoration, planning,
construction, acquisition, modification of facilities, and the
continuation of projects authorized in prior years, and land acquisition
related thereto), $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 Site,
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 Site,
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 building
upgrades, 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 $242,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
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
$5,532,868,000, 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; 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
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,
$2,000,0000.
(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 $2,902,548,000, to be allocated
as follows:
(A) For operation and maintenance, $2,847,997,000.
(B) For plant projects (including maintenance, restoration, planning,
construction, acquisition, modification of facilities, and the
continuation of projects authorized in prior years, and land acquisition
related thereto), $54,551,000, to be allocated as follows:
Project 00-D-401, spent nuclear fuel treatment and storage facility,
title I and II, Savannah River Site, Aiken, South Carolina,
$7,000,000.
Project 99-D-403, privatization phase I infrastructure support,
Richland, Washington, $13,988,000.
Project 97-D-402, tank farm restoration and safe operations,
Richland, Washington, $20,516,000.
Project 94-D-407, initial tank retrieval systems, Richland,
Washington, $4,060,000.
Project 93-D-187, high-level waste removal from filled waste tanks,
Savannah River Site, Aiken, South Carolina, $8,987,000.
(4) SCIENCE AND TECHNOLOGY- For science and technology in carrying out
environmental restoration and waste management activities necessary for
national security programs in the amount of $235,500,000.
(5) PROGRAM DIRECTION- For program direction in carrying out
environmental restoration and waste management activities necessary for
national security programs in the amount of $344,409,000.
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
$1,821,000,000, to be allocated as follows:
(1) NONPROLIFERATION AND NATIONAL SECURITY- For nonproliferation and
national security, $744,300,000, 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,
$215,000,000.
(ii) For arms control, $276,000,000.
(iii) 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
Centers (NISC), Los Alamos National Laboratory, New Mexico,
$6,000,000.
(B) For nuclear safeguards and security, $59,100,000.
(C) For security investigations, $47,000,000.
(D) For emergency management, $21,000,000.
(E) For program direction, $90,450,000.
(F) For HEV Transparency implementation, $15,750,000.
(G) For international nuclear safety, $34,000,000.
(2) INTELLIGENCE- For intelligence, $36,059,000.
(3) COUNTERINTELLIGENCE- For counterintelligence, $66,200,000.
(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, $79,000,000, to be allocated as follows:
(A) For the Office of Environment, Safety, and Health (Defense),
$54,231,000.
(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, $675,000,000, to be allocated as
follows:
(A) For naval reactors development, $654,400,000, to be allocated as
follows:
(i) For operation and maintenance, $630,400,000.
(ii) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of facilities, and the
continuation of projects authorized in prior years, and land acquisition
related thereto), $24,000,000, to be allocated as follows:
GPN-101, general plant projects, various locations,
$9,000,000.
Project 98-D-200, site laboratory/facility upgrade, various
locations, $3,000,000.
Project 90-N-102, expended core facility dry cell project, Naval
Reactors Facility, Idaho, $12,000,000.
(B) For program direction, $20,600,000.
(b) ADJUSTMENT- (1) The total amount authorized to be appropriated
pursuant to this section is the sum of the amounts authorized to be
appropriated in paragraphs (1) through (7) of subsection (a) reduced by
$12,559,000.
(2) The amount authorized to be appropriated pursuant to subsection
(a)(1)(C) 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 $241,000,000, to be
allocated as follows:
Project 98-PVT-2, spent nuclear fuel dry storage, Idaho Falls, Idaho,
$5,000,000.
Project 98-PVT-5, 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.
(b) ADJUSTMENT- The amount authorized to be appropriated in subsection (a)
is the sum of the amounts authorized to be appropriated for the projects set
forth 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 30
days has elapsed after the date on which such committees receive the report,
the Secretary may not use amounts appropriated pursuant to this title for any
program--
(1) in amounts that exceed, in a fiscal year--
(A) 110 percent of the amount authorized for that program by this
title; or
(B) $1,000,000 more than the amount authorized for that program by
this title; or
(2) which has not been presented to, or requested of, Congress.
(b) REPORT- (1) The report referred to in subsection (a) is a report
containing a full and complete statement of the action proposed to be taken
and the facts and circumstances relied upon in support of such proposed
action.
(2) In the computation of the 30-day period under subsection (a), there
shall be excluded any day on which either House of Congress is not in session
because of an adjournment of more than 3 days to a day certain.
(c) LIMITATIONS- (1) In no event may the total amount of funds obligated
pursuant to this title exceed the total amount authorized to be appropriated
by this title.
(2) Funds appropriated pursuant to this title may not be used for an item
for which Congress has specifically denied funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) IN GENERAL- The Secretary of Energy may carry out any construction
project under the general plant projects authorized by this title if the total
estimated cost of the construction project does not exceed $5,000,000.
(b) REPORT TO CONGRESS- If, at any time during the construction of any
general plant project authorized by this title, the estimated cost of the
project is revised because of unforeseen cost variations and the revised cost
of the project exceeds $5,000,000, the Secretary shall immediately furnish a
complete report to the congressional defense committees explaining the reasons
for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) IN GENERAL- (1) Except as provided in paragraph (2), construction on a
construction project may not be started or additional obligations incurred in
connection with the project above the total estimated cost, whenever the
current estimated cost of the construction project, which is authorized by
section 3101, 3102, or 3103, or which is in support of national security
programs of the Department of Energy and was authorized by any previous Act,
exceeds by more than 25 percent the higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project as shown in
the most recent budget justification data submitted to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the congressional defense
committees a report on the
actions and the circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on which the report
is received by the committees.
(3) In the computation of the 30-day period under paragraph (2), there
shall be excluded any day on which either House of Congress is not in session
because of an adjournment of more than 3 days to a day certain.
(b) EXCEPTION- Subsection (a) shall not apply to any construction project
which has a current estimated cost of less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) TRANSFER TO OTHER FEDERAL AGENCIES- The Secretary of Energy may
transfer funds authorized to be appropriated to the Department of Energy
pursuant to this title to other Federal agencies for the performance of work
for which the funds were authorized. Funds so transferred may be merged with
and be available for the same purposes and for the same period as the
authorizations of the Federal agency to which the amounts are transferred.
(b) TRANSFER WITHIN DEPARTMENT OF ENERGY- (1) Subject to paragraph (2),
the Secretary of Energy may transfer funds authorized to be appropriated to
the Department of Energy pursuant to this title between any such
authorizations. Amounts of authorizations so transferred may be merged with
and be available for the same purposes and for the same period as the
authorization to which the amounts are transferred.
(2) Not more than 5 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.
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
2002.
SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS.
(a) TRANSFER AUTHORITY FOR DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS- The
Secretary of Energy shall provide the manager of each field office of the
Department of Energy with the authority to transfer defense environmental
management funds from a program or project under the jurisdiction of the
office to another such program or project.
(b) LIMITATIONS- (1) Only one transfer may be made to or from any program
or project under subsection (a) in a fiscal year.
(2) The amount transferred to or from a program or project under
subsection (a) may not exceed $5,000,000 in a fiscal year.
(3) A transfer may not be carried out by a manager of a field office under
subsection (a) unless the manager determines that the transfer is necessary to
address a risk to health, safety, or the environment or to assure the most
efficient use of defense environmental management funds at the field
office.
(4) Funds transferred pursuant to subsection (a) may not be used for an
item for which Congress has specifically denied funds or for a new program or
project that has not been authorized by Congress.
(c) EXEMPTION FROM REPROGRAMMING REQUIREMENTS- The requirements of section
3121 shall not apply to transfers of funds pursuant to subsection (a).
(d) NOTIFICATION- The Secretary, acting through the Assistant Secretary of
Energy for Environmental Management, shall notify Congress of any transfer of
funds pursuant to subsection (a) not later than 30 days after such transfer
occurs.
(e) DEFINITIONS- In this section:
(1) The term `program or project' means, with respect to a field office
of the Department of Energy, any of the following:
(A) A program referred to or a project listed in paragraph (2) or (3)
of section 3102.
(B) A program or project not described in subparagraph (A) that is for
environmental restoration or waste management activities necessary for
national security programs of the Department, that is being carried out by
the office, and for which defense environmental management funds have been
authorized and appropriated before the date of 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 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.
SEC. 3133. NUCLEAR 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- The program under
subsection (a) shall be a program within the Office of Defense Programs of the
Department of Energy.
(c) PROGRAM PLAN- As part of the program under subsection (a), the
Secretary shall develop a long-term plan for the extension of the life of the
weapons in the nuclear weapons stockpile. The plan shall provide the
following:
(1) Mechanisms to provide for the remanufacture 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 data necessary for carrying
out the program, including data 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 Department nuclear weapons laboratory and production
plant, 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.
(d) ANNUAL SUBMITTAL OF PLAN- (1) The Secretary shall submit to the
Committees on Armed Services of the Senate and the House of Representatives
the plan developed under subsection (c) not later than January 1, 2000. The
plan shall contain the maximum level of detail practicable.
(2) The Secretary shall submit to the committees referred to in paragraph
(1) each year after 2000, at the same time as the submission of the budget for
the fiscal year beginning in such year under section 1105 of title 31, United
States Code, an update of the plan submitted under paragraph (1). Each update
shall contain the same level of detail as the plan submitted under paragraph
(1).
(e) 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. TRITIUM PRODUCTION.
(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 secure an
independent cost estimate of the Accelerator Production of Tritium.
(2) The estimate shall be conducted at the highest possible level, but in
no event at a level below that currently defined by the Secretary as Type III,
`Sampling Technique'.
(b) REPORT- Not later than April 1, 2000, the Secretary shall submit to
the congressional defense committees a report on the independent cost estimate
conducted under subsection (a).
SEC. 3136. NONPROLIFERATION INITIATIVES AND ACTIVITIES.
(a) INITIATIVE FOR PROLIFERATION PREVENTION PROGRAM- (1) Not more than 40
percent of the funds available in any fiscal year after fiscal year 1999 for
the Initiative for Proliferation Prevention program (IPP) may be obligated or
expended by the 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 Initiative 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 Initiative 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 Initiative 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 Initiative for Proliferation Prevention
program.
(4)(A) The Secretary of Energy shall prescribe procedures for the review
of projects under the Initiative 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) 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
Initiative 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) It is the sense of Congress that the President should enter into
negotiations with the Russian Government for purposes of concluding an
agreement between the United States Government and the Russian Government to
provide for the permanent exemption from taxation by the Russian Government of
the nonproliferation activities of the Department of Energy under the
Initiative for Proliferation Prevention program.
(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 the program are likely to lead to the creation of the jobs
intended to be created by the 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 the program.
(4) Not later than January 1, 2000, the Secretary shall submit to Congress
a report describing the participation in or contribution to the Nuclear Cities
Initiative of each department and agency of the United States Government that
participates in or contributes to the initiative. The report shall describe
separately any interagency participation in or contribution to the
initiative.
(c) REPORT- (1) Not later than January 1, 2000, the Secretary of Energy
shall submit to the Committees on Armed Services of the Senate and House of
Representatives a report on the Initiative for Proliferation Prevention
program (IPP) and the Nuclear Cities Initiative.
(2) The report shall include the following:
(A) A strategic plan for the Initiative 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 Initiative 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.
(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 Initiative 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 Initiative 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.
Subtitle D--Safeguards, Security, and Counterintelligence at Department
of Energy Facilities
SEC. 3151. SHORT TITLE.
This subtitle may be cited as the `Department of Energy Facilities
Safeguards, Security, and Counterintelligence Enhancement Act of 1999'.
SEC. 3152. COMMISSION 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) ORGANIZATIONAL MATTERS- (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.
(B) One member initially appointed under paragraph (1)(C) shall serve a
term of two years.
(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) The Chairman of the Committee on Armed Services of the Senate, in
consultation with the Chairman 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).
(5) The 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.
(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) Not later than February 15 each year, the Commission shall
submit to the Secretary of Energy and to the congressional defense committees
a report on the activities of the Commission during the preceding year. The
report shall be submitted in unclassified form, but may include a classified
annex.
(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 in addition to that received
for their services as officers or employees of the United States.
(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.
(2) The Secretary of Energy shall take appropriate actions to conclude the
affairs of the Department of Energy Security Management Board as soon as
practicable after the date of the enactment of this Act.
(3) Section 3162 of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85; 111 Stat. 2049; 42 U.S.C. 7274 note) is amended--
(A) by striking `(a) IN GENERAL- '; and
(B) by striking subsection (b).
SEC. 3153. 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 Department of Energy facility who--
(1) carries out duties or responsibilities in or around a location where
Restricted Data is or may be present; or
(2) has or may have regular access to a location where Restricted Data
is present.
(b) COMPLIANCE- The Secretary shall have one year from the date of the
enactment of this Act to meet the requirement in subsection (a).
SEC. 3154. PLAN FOR POLYGRAPH EXAMINATIONS OF CERTAIN PERSONNEL AT
DEPARTMENT OF ENERGY FACILITIES.
(a) PLAN- (1) Not later than 120 days after the date of the enactment of
this Act, the Secretary of Energy shall submit to the congressional defense
committees a plan for conducting, as part of the Department of Energy
personnel assurance programs, periodic polygraph examinations of each
Department of Energy employee, or contractor employee, at a Department of
Energy facility who has or may have access to Restricted Data or Sensitive
Compartmented Information. The purpose of the examinations is to minimize the
potential for release or disclosure of such data or information by such
employees.
(2) The plan shall include recommendations for any legislative action
necessary to implement the plan.
(b) LIMITATION ON USE OF FUNDS PENDING SUBMITTAL OF PLAN- Not more than 50
percent of the amounts authorized to be appropriated or otherwise made
available for the Department of Energy for fiscal year 2000 for travel
expenses may be obligated or expended until the date of the submittal of the
plan required by subsection (a).
SEC. 3155. CIVIL MONETARY PENALTIES FOR VIOLATIONS OF DEPARTMENT OF ENERGY
REGULATIONS RELATING TO THE SAFEGUARDING AND SECURITY OF RESTRICTED DATA.
(a) IN GENERAL- Chapter 18 of title I of the Atomic Energy Act of 1954 (42
U.S.C. 2271 et seq.) is amended by inserting after section 234A the following
new section:
`SEC. 234B. CIVIL MONETARY PENALTIES FOR VIOLATIONS OF DEPARTMENT OF
ENERGY REGULATIONS REGARDING SECURITY OF CLASSIFIED OR SENSITIVE INFORMATION
OR DATA-
`a. Any 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 shall apply to the assessment of civil penalties
under this section.'.
(b) CLARIFYING AMENDMENT- The section heading of section 234A of that Act
(42 U.S.C. 2282a) is amended by inserting `SAFETY' before `REGULATIONS'.
(c) CLERICAL AMENDMENT- The table of sections for that Act is amended by
inserting after the item relating to section 234 the following new items:
`234A. Civil Monetary Penalties for Violations of Department of Energy
Safety Regulations.
`234B. Civil Monetary Penalties for Violations of Department of Energy
Regulations Regarding Security of Classified or Sensitive Information or
Data.'.
SEC. 3156. MORATORIUM ON LABORATORY-TO-LABORATORY AND FOREIGN VISITORS AND
ASSIGNMENTS PROGRAMS.
(a) CERTIFICATION- (1) The Secretary of Energy, the Director of Central
Intelligence, and the Director of the Federal Bureau of Investigation shall
jointly submit to the committees referred to in paragraph (3) a certification
that each program referred to in paragraph (2) meets the following
conditions:
(A) That the program 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.
(B) That the program 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 program 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 program does not pose an undue risk to the national
security interests of the United States.
(2) A program referred to in this paragraph is any program as follows:
(A) A cooperative program carried out between the Department of Energy
and the People's Republic of China.
(B) A cooperative program carried out between the Department of Energy
and an independent state of the former Soviet Union.
(C) A cooperative program carried out between the Department of Energy
and any nation designated as sensitive by the Secretary of State.
(3) The committees referred to in this paragraph are the following:
(A) The Committees on Armed Services and Appropriations and the Select
Committee on Intelligence of the Senate.
(B) The Committees on Armed Services and Appropriations and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(b) LIMITATION ON USE OF FUNDS PENDING CERTIFICATION- (1) Except as
provided in paragraph (2), no amounts authorized to be appropriated by section
3101 or 3103 or otherwise made available to the Department of Energy for
fiscal year 2000 may be obligated or expended to conduct a program referred to
in subsection (a)(2), or any studies or planning in anticipation of such
program, beginning on the date that is 45 days after the date of the enactment
of this Act and continuing until 30 days after the date on which the Director
of Central Intelligence submits to the committees referred to in subsection
(a)(3) the certification referred to in subsection (a)(1). The certification
shall be submitted in unclassified form, but may include a classified
annex.
(2)(A) The 30-day wait period specified in paragraph (1) for the
obligation and expenditure of funds for a program referred to in subsection
(a)(2) shall not apply if the certification with respect to the program under
subsection (a)(1) is submitted during the 45-day period beginning on the date
of the enactment of this Act.
(B) The limitation in paragraph (1) shall not apply--
(i) to the obligation or expenditure of funds authorized to be
appropriated by title III for activities relating to cooperative threat
reduction with states of the former Soviet Union; or
(ii) to the obligation or expenditure of funds authorized to be
appropriated by section 3103(a)(1)(A)(ii) for the materials protection
control and accounting program of the Department.
SEC. 3157. 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 `$40,000';
and
(2) in clause b., by striking `$10,000' and inserting `$20,000'.
(b) RECEIPT OF RESTRICTED DATA- Section 225 of the Atomic Energy Act of
1954 (42 U.S.C. 2275) is amended by striking `$20,000' and inserting
`$40,000'.
(c) DISCLOSURE OF RESTRICTED DATA- Section 227 of the Atomic Energy Act of
1954 (42 U.S.C. 2277) is amended by striking `$2,500' and inserting
`$5,000'.
SEC. 3158. ORGANIZATION OF DEPARTMENT OF ENERGY COUNTERINTELLIGENCE AND
INTELLIGENCE PROGRAMS AND ACTIVITIES.
(a) OFFICE OF COUNTERINTELLIGENCE- Title II of the Department of Energy
Organization Act (42 U.S.C. 7131 et seq.) is amended by adding at the end the
following:
`OFFICE OF COUNTERINTELLIGENCE
`SEC. 213. (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.
`(2) The Secretary shall, with the concurrence of the Director of the
Federal Bureau of Investigation, designate the head of the office from among
senior executive service employees of the Federal Bureau of Investigation who
have 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.
`(4) The Director of the Office shall report directly to the Secretary.
`(c)(1) The Director of the Office shall develop and ensure the
implementation of security and 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 the
administration of 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 security and counterintelligence programs and
activities at Department facilities.
`(d)(1) Not later than March 1 each year, the Director of the Office shall
submit to the Secretary, the Director of Central Intelligence, and the
Director of the Federal Bureau of Investigation and to the Committees on Armed
Services of the Senate and House of Representatives a report on the status and
effectiveness of the security and counterintelligence programs and activities
at Department facilities during the preceding year.
`(2) Each report shall include for the year covered by the report the
following:
`(A) A description of the status and effectiveness of the security and
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.
`(3) Each report submitted under this subsection to the committees
referred to in paragraph (1) shall be submitted in unclassified form, but may
include a classified annex.'.
(b) OFFICE OF INTELLIGENCE- That title is further amended by adding at the
end the following:
`OFFICE OF INTELLIGENCE
`SEC. 214. (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.
`(2) The Director of the Office shall be a senior executive service
employee of the Department.
`(3) The Director of the Office shall report directly to the Secretary.
`(c) The Director of the Office shall be responsible for the programs and
activities of the Department relating to the analysis of intelligence with
respect to nuclear weapons and materials, other nuclear matters, and energy
security.'.
(c) CLERICAL AMENDMENT- The table of contents for that Act is amended by
inserting after the item relating to section 212 the following items:
`213. Office of Counterintelligence.
`214. Office of Intelligence.'.
SEC. 3159. COUNTERINTELLIGENCE ACTIVITIES AT CERTAIN DEPARTMENT OF ENERGY
FACILITIES.
(a) ASSIGNMENT OF COUNTERINTELLIGENCE PERSONNEL- (1) The Secretary of
Energy shall assign to each Department of Energy facility at which Restricted
Data is located an individual who shall assess security and
counterintelligence matters at that facility.
(2) An individual assigned to a facility under this subsection shall be
stationed at the facility.
(b) SUPERVISION- Each individual assigned under subsection (a) shall
report directly to the Director of the Office of Counterintelligence of the
Department of Energy.
SEC. 3160. WHISTLEBLOWER PROTECTION.
(a) PROGRAM- The Secretary of Energy shall establish a program to ensure
that an employee of the Department of Energy, or a contractor employee, may
not be discharged, demoted, or otherwise discriminated against as a reprisal
for disclosing to a person or entity referred to in subsection (b) information
relating to the protection of classified information which the employee or
contractor employee reasonably believes to provide direct and specific
evidence of a violation described in subsection (c).
(b) COVERED PERSONS AND ENTITIES- A person or entity referred to in this
subsection is the following:
(1) A Member of a committee of Congress having primary responsibility
for oversight of the department, agency, or element of the Federal
Government to which the disclosed information relates.
(2) An employee of Congress who--
(A) is a staff member of a committee of Congress having primary
responsibility for oversight of the department, agency, or element of the
Federal Government to which the disclosed information relates;
and
(B) has an appropriate security clearance for access to the
information.
(3) The Inspector General of the Department of Energy.
(4) The Federal Bureau of Investigation.
(5) Any other element of the Federal Government designated by the
Secretary as authorized to receive information of the type disclosed.
(c) COVERED VIOLATIONS- A violation referred to in subsection (a) is--
(1) a violation of law or Federal regulation;
(2) gross mismanagement, a gross waste of funds, or abuse of authority;
or
(3) a false statement to Congress on an issue of material fact.
SEC. 3161. INVESTIGATION AND REMEDIATION OF ALLEGED REPRISALS FOR DISCLOSURE
OF CERTAIN INFORMATION TO CONGRESS.
(a) SUBMITTAL OF ALLEGATIONS TO INSPECTOR GENERAL- A Department of Energy
employee or contractor employee who believes that the employee has been
discharged, demoted, or otherwise discriminated against as a reprisal for
disclosing information referred to in subsection (a) of section 3160 in
accordance with the provisions of that section may submit a complaint relating
to such action to the Inspector General of the Department of Energy.
(b) INVESTIGATION- (1) For each complaint submitted under subsection (a),
the Inspector General shall--
(A) determine whether or not the complaint is frivolous; and
(B) if the Inspector General determines the complaint is not frivolous,
conduct an investigation of the complaint.
(2) The Inspector General shall submit a report on each investigation
undertaken under paragraph (1)(B) to--
(A) the employee who submitted the complaint on which the investigation
is based;
(B) the contractor concerned, if any; and
(C) the Secretary of Energy.
(c) REMEDIAL ACTIONS- (1) If the Secretary determines that an employee has
been subjected to an adverse personnel action referred to in subsection (a) in
contravention of the provisions of section 3160(a), the Secretary shall--
(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.
(d) QUARTERLY REPORT- (1) Not later than 30 days after the commencement of
each fiscal quarter, the Inspector General shall submit to the congressional
defense committees a report on the investigations undertaken under subsection
(b)(1)(B) during the preceding fiscal quarter, including a summary of the
results of such investigations.
(2) A report under paragraph (1) shall not identify or otherwise provide
any information on a person submitting a complaint under this section without
the consent of the person.
SEC. 3162. NOTIFICATION TO CONGRESS OF CERTAIN SECURITY AND
COUNTERINTELLIGENCE FAILURES AT DEPARTMENT OF ENERGY FACILITIES.
(a) REQUIREMENT- The Secretary of Energy, after consultation with the
Director of Central Intelligence and the Director of the Federal Bureau of
Investigation, as appropriate, shall submit to the congressional defense
committees a notification of each serious security or counterintelligence
failure at a Department of Energy facility that the Secretary considers likely
to cause significant harm or damage to the national security interests of the
United States.
(b) DEADLINE- The Secretary shall submit a notice under subsection (a) for
a failure covered by that subsection not later than 30 days after learning of
the failure.
(c) PROCEDURES- The Secretary and the congressional defense committees
shall each establish such procedures as may be necessary to carry out the
provisions of this title.
(d) PROTECTION OF CLASSIFIED AND OTHER SENSITIVE INFORMATION- (1) The
House of Representatives and the Senate shall each establish, by rule or
resolution of such House, procedures to protect from unauthorized disclosure
classified information, all information relating to intelligence sources and
methods, and sensitive law enforcement information that is furnished to the
congressional defense committees pursuant to this section.
(2) Such procedures shall be established in consultation with the
Secretary of Energy, the Director of Central Intelligence, and the Director of
the Federal Bureau of Investigation.
(e) SAVINGS PROVISIONS- (1) Nothing in this section shall be construed as
authority to withhold information from the congressional defense committees on
the grounds that providing the information to such committees would constitute
the unauthorized disclosure of classified information, information relating to
intelligence sources or 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
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 intelligence
committees are kept fully and currently informed of the intelligence
activities of the United States and for the intelligence committees to notify
promptly other congressional committees of any matter relating to intelligence
activities requiring the attention of such committees.
SEC. 3163. DEFINITION.
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--Other Matters
SEC. 3171. 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) If the position of Assistant to the Secretary of Defense for Nuclear
and Chemical and Biological Defense Programs remains vacant for a period of
more than 9 months, the Secretary of Energy shall appoint a qualified
individual to serve as acting staff director of the Council until the position
of Assistant to the Secretary of Defense for Nuclear and Chemical and
Biological Defense Programs is filled.'.
(b) REVITALIZATION OF JOINT NUCLEAR WEAPONS COUNCIL- (1) The Secretary of
Defense and the Secretary of Energy shall jointly prepare and submit to the
Committees on Armed Services of the Senate and the House of Representatives 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- The Secretary of Defense, shall,
after consultation with the Secretary of Energy, submit to the Committees on
Armed Services of the Senate and the House of Representatives on an annual
basis a report on the activities of the Joint Nuclear Weapons Council. Each
report shall include the following:
(1) 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.
(2) 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.
(3) An assessment of the extent to which the requirements referred to in
paragraph (2) are being addressed by the Department of Energy as of that
date.
(d) NUCLEAR MISSION MANAGEMENT PLAN- 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. The plan shall--
(1) 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;
(2) establish stockpile viability and capability requirements with
respect to that mission, including the number and variety of warheads
required;
(3) establish requirements relating to the contractor industrial base,
support infrastructure, and surveillance, testing, assessment, and
certification of nuclear weapons necessary to support that mission;
(4) take into account requirements for the critical skills, readiness,
training, exercise, and testing of personnel necessary to meet that mission;
and
(5) take into account 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 EXPERTISE RETENTION MEASURES- (1) The Secretary of Energy and
Secretary of Defense shall jointly submit to the committees referred to in
subsection (c) a 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
their contractors 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 proposal for recruitment and retention measures to address the
loss of such skills or capabilities.
(D) A proposal for the training and evaluation of personnel with core
scientific, engineering, and technical skills and capabilities.
(E) A statement of the additional advanced manufacturing programs and
process engineering programs that are required to maintain the nuclear
deterrent force indefinitely.
(F) 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 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):
`(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) TECHNICAL AMENDMENT- Section 179(f) of title 10, United States Code,
is amended by striking `the Committee on Armed Services' and all that follows
through `House of Representatives' and inserting `the Committees on Armed
Services and Appropriations of the Senate and the Committees on Armed Services
and Appropriations of the House of Representatives'.
SEC. 3172. MODIFICATION OF BUDGET AND PLANNING REQUIREMENTS FOR DEPARTMENT
OF ENERGY NATIONAL SECURITY ACTIVITIES.
(a) ENHANCEMENT OF ANNUAL FIVE-YEAR BUDGET- (1) 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 amended--
(A) by redesignating subsection (b) as subsection (c);
(B) by striking subsection (a) and inserting the following new
subsections:
`(a) REQUIREMENT- The Secretary of Energy shall prepare for each fiscal
year after fiscal year 2000 a program and budget plan for the national
security programs of the Department of Energy for the five-fiscal year period
beginning in the year the program and budget plan is prepared.
`(b) ELEMENTS- Each program and budget plan shall contain the
following:
`(1) The estimated expenditures and proposed appropriations necessary to
support the programs, projects, and activities of the national security
programs of the Department during the five-fiscal year period covered by the
program and budget plan, 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
Department site during that five-fiscal year period.'; and
(C) in subsection (c), as so redesignated, by striking `the budget
required' and inserting `the program and budget plan required'.
(2) The section heading of such section is amended by striking `five-year
budget' and inserting `five-fiscal year program and budget plan'.
(b) ADDITIONAL REQUIREMENTS FOR WEAPONS ACTIVITIES BUDGETS- Section 3156
of the National Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 110 Stat. 2841; 42 U.S.C. 7271c) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new subsection
(c):
`(c) IMPACT OF BUDGET ON STOCKPILE- The Secretary shall include in the
materials the Secretary submits to Congress in support of the budget for any
fiscal year after fiscal year 2000 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 Department 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 3158 of the National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261; 112 Stat. 2257; 42 U.S.C. 2121 note).'.
SEC. 3173. EXTENSION OF AUTHORITY OF DEPARTMENT OF ENERGY TO PAY VOLUNTARY
SEPARATION INCENTIVE PAYMENTS.
(a) EXTENSION- Notwithstanding subsection (c)(2)(D) of section 663 of the
Treasury, Postal Service, and General Government Appropriations Act, 1997
(Public
Law 104-208; 110 Stat. 3009-383; 5 U.S.C. 5597 note), the Department of
Energy may pay voluntary separation incentive payments to qualifying employees
who voluntarily separate (whether by retirement or resignation) before January
1, 2003.
(b) EXERCISE OF AUTHORITY- The Department shall pay voluntary separation
incentive payments under subsection (a) in accordance with the provisions of
such section 663.
SEC. 3174. 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 consolidating 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 containing fissile materials, in order to achieve
budgetary and other efficiencies in the discharge of those responsibilities;
and
(2) identify any expenditures necessary at the sites that are
anticipated to have an enduring mission for plutonium management in order to
achieve the integrated management of fissile materials by the
Department.
(b) SUBMITTAL TO CONGRESS- The Secretary shall submit the plan required by
subsection (a) to the congressional defense committees not later than February
1, 2000.
SEC. 3175. AUTHORITY OF DEPARTMENT OF ENERGY TO ACCEPT LOANS FROM
CONTRACTORS FOR CLOSURE PROJECTS AT DEPARTMENT OF ENERGY DEFENSE
FACILITIES.
(a) AUTHORITY TO ACCEPT LOANS- Notwithstanding any other provision of law,
the Secretary of Energy may accept a loan from a contractor carrying out
closure projects at a Department of Energy defense facility for purposes of
funding additional closure projects at Department defense facilities.
(b) LIMITATION ON SOURCE OF LOAN AMOUNT- The amount for a loan by a
contractor under this section shall be derived only from amounts paid the
contractor by the Secretary as fees for carrying out closure projects at
Department defense facilities.
(c) LIMITATION ON LOAN TERMS- (1) A loan under this section shall not
accrue any monetary interest.
(2) A loan under this section shall not be secured by an interest in any
property or other asset of the United States
(d) AGREEMENT- A loan under this section shall be governed by the terms of
an agreement between the Secretary and the contractor concerned for purposes
of the loan.
SEC. 3176. PILOT 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 (PMO) services for Department
of Energy construction projects.
(2) The purpose of the pilot program is to provide a basis for determining
whether or not the use of competitively procured, external project management
oversight services on construction projects would permit the Department to
control excessive costs and schedule delays associated with Department
construction projects having 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) The Secretary shall select projects that have capital construction
costs anticipated to be not less than $25,000,000.
(c) SERVICES UNDER PROGRAM- The project management oversight services
utilized 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 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
(B) have an expertise in the management of large construction
projects.
(e) REPORT- Not later than February 1, 2000, the Secretary shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on pilot program. The report shall include the
Secretary's assessment of the feasibility and desirability of utilizing
project management oversight services for Department of Energy construction
projects.
SEC. 3177. 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'.
SEC. 3178. PROPOSED SCHEDULE FOR SHIPMENTS OF WASTE FROM THE ROCKY FLATS
PLANT, COLORADO, TO THE WASTE ISOLATION PILOT PROJECT, 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
Committees on Armed Services of the Senate and House of Representatives a
proposed schedule for the commencement of shipments of waste from the Rocky
Flats Plant, Colorado, to the Waste Isolation Pilot Project, New Mexico.
(b) ELEMENTS- The schedule under subsection (a) shall set forth--
(1) the proposed commencement date of shipments of mixed transuranic
waste from the Rocky Flats Plant to the Waste Isolation Pilot Project;
and
(2) the proposed commencement date of shipments of unmixed transuranic
waste from the Rocky Flats Plant to the Waste Isolation Pilot Project.
(c) REQUIREMENTS REGARDING SCHEDULE- In preparing the schedule, the
Secretary shall assume the following:
(1) A closure date for the Rocky Flats Plant in 2006.
(2) That all waste that is transferable from the Rocky Flats Plant to
the Waste Isolation Pilot Project will be removed from the Rocky Flats Plant
by that closure date as specified in the current 2006 Rocky Flats Plant
Closure Plan.
(3) That, to the maximum extent practicable, shipments of waste from the
Rocky Flats Plant to the Waste Isolation Pilot Project will not interfere
with other shipments of waste to the Waste Isolation Pilot Project.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. DEFENSE NUCLEAR FACILITIES SAFETY BOARD.
There are authorized to be appropriated for fiscal year 2000, $17,500,000
for the operation of the Defense Nuclear Facilities Safety Board under chapter
21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
SEC. 3301. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) OBLIGATION OF STOCKPILE FUNDS- During fiscal year 2000, the National
Defense Stockpile Manager may obligate up to $78,700,000 of the funds in the
National Defense Stockpile Transaction Fund for the authorized uses of such
funds under section 9(b)(2) of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h(b)(2)), including the disposal of hazardous
materials that are environmentally sensitive.
(b) ADDITIONAL OBLIGATIONS- The National Defense Stockpile Manager may
obligate amounts in excess of the amount specified in subsection (a) if the
National Defense Stockpile Manager notifies Congress that extraordinary or
emergency conditions necessitate the additional obligations. The National
Defense Stockpile Manager may make the additional obligations described in the
notification after the end of the 45-day period beginning on the date on which
Congress receives the notification.
(c) LIMITATIONS- The authorities provided by this section shall be subject
to such limitations as may be provided in appropriations Acts.
SEC. 3302. 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 QUANTITY- ' 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 QUANTITY- ' and inserting
`(b) LIMITATIONS ON DISPOSAL AUTHORITY- (1)'; and
(2) by adding at the end the following:
`(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 3305(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 QUANTITY- ' 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 XXXIV--PANAMA CANAL COMMISSION
SEC. 3401. SHORT TITLE.
This title may be cited as the `Panama Canal Commission Authorization Act
for Fiscal Year 2000'.
SEC. 3402. 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 $25,000 for official reception and representation expenses, of
which--
(1) not more than $7,000 may be used for official reception and
representation expenses of the Supervisory Board of the Commission;
(2) not more than $3,500 may be used for official reception and
representation expenses of the Secretary of the Commission; and
(3) not more than $14,500 may be used for official reception and
representation expenses of the Administrator of the Commission.
SEC. 3403. PURCHASE OF VEHICLES.
Notwithstanding any other provision of law, the funds available to the
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.
SEC. 3404. 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.
SEC. 3405. OFFICE OF TRANSITION ADMINISTRATION.
(a) EXPENDITURES FROM PANAMA CANAL COMMISSION DISSOLUTION FUND- The Office
of Transition Administration established under subsection (b) of section 1305
of the Panama Canal Act of 1979 (22 U.S.C. 3714a) is authorized to obligate
and expend funds from the Panama Canal Commission Dissolution Fund established
under subsection (c) of such section for the purposes enumerated in such
subsection until the fund terminates.
(b) ADMINISTRATIVE OFFICES- The Office of Transition Administration shall
have offices in the Republic of Panama and in Washington, District of
Columbia. The office in Panama shall be subject to the authority of the United
States chief of mission in the Republic of Panama.
(c) OVERSIGHT OF CLOSE-OUT ACTIVITIES- The Panama Canal Commission shall
enter into an agreement with the head of a department or agency of the Federal
Government to supervise the close out of the affairs of the Commission under
section 1305 of the Panama Canal Act of 1979 and to certify the completion of
that function.
END