S 1059 PWAH

June 16, 1999

Ordered to be printed with the amendment of the House

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of engrossed Senate bill, see copy of bill as passed on May 27, 1999]

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:

Sec. 1. Short title.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Congressional defense committees defined.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Reserve components.

Sec. 106. Defense Inspector General.

Sec. 107. Chemical demilitarization program.

Sec. 108. Defense health programs.

Sec. 109. Defense Export Loan Guarantee program.

Subtitle B--Army Programs

Sec. 111. Multiyear procurement authority for Army programs.

Sec. 112. Extension of pilot program on sales of manufactured articles and services of certain Army industrial facilities without regard to availability from domestic sources.

Sec. 113. Revision to conditions for award of a second-source procurement contract for the Family of Medium Tactical Vehicles.

Subtitle C--Navy Programs

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

Subtitle D--Chemical Stockpile Destruction Program

Sec. 141. Destruction of existing stockpile of lethal chemical agents and munitions.

Sec. 142. Alternative technologies for destruction of assembled chemical weapons.

Subtitle E--Other Matters

Sec. 151. Limitation on expenditures for satellite communications.

Sec. 152. Procurement of firefighting equipment for the Air National Guard and the Air Force Reserve.

Sec. 153. Cooperative engagement capability program.

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

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for basic and applied research.

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Collaborative program to evaluate and demonstrate advanced technologies for advanced capability combat vehicles.

Sec. 212. Revisions in manufacturing technology program.

Sec. 213. Sense of Congress regarding defense science and technology program.

Subtitle C--Ballistic Missile Defense

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

Subtitle D--Other Matters

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

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Armed Forces Retirement Home.

Sec. 304. Transfer from National Defense Stockpile Transaction Fund.

Sec. 305. Transfer to Defense Working Capital Funds to support Defense Commissary Agency.

Subtitle B--Program Requirements, Restrictions, and Limitations

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

Sec. 312. Replacement of nonsecure tactical radios of the 82nd Airborne Division.

Sec. 313. Operation and maintenance of Air Force space launch facilities.

Subtitle C--Environmental Provisions

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

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

Sec. 331. Expansion of annual report on contracting for commercial and industrial type functions.

Sec. 332. Congressional notification of A-76 cost comparison waivers.

Sec. 333. Improved evaluation of local economic effect of changing defense functions to private sector performance.

Sec. 334. Annual reports on expenditures for performance of depot-level maintenance and repair workloads by public and private sectors.

Sec. 335. Applicability of competition requirement in contracting out workloads performed by depot-level activities of Department of Defense.

Sec. 336. Treatment of public sector winning bidders for contracts for performance of depot-level maintenance and repair workloads formerly performed at certain military installations.

Sec. 337. Process for modernization of computer systems at Army computer centers.

Sec. 338. Evaluation of total system performance responsibility program.

Sec. 339. Identification of core logistics capability requirements for maintenance and repair of C-17 aircraft.

Subtitle E--Defense Dependents Education

Sec. 341. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 342. Continuation of enrollment at Department of Defense domestic dependent elementary and secondary schools.

Sec. 343. Technical amendments to Defense Dependents' Education Act of 1978.

Subtitle F--Military Readiness Issues

Sec. 351. Independent study of Department of Defense secondary inventory and parts shortages.

Sec. 352. Independent study of adequacy of department restructured sustainment and reengineered logistics product support practices.

Sec. 353. Independent study of military readiness reporting system.

Sec. 354. Review of real property maintenance and its effect on readiness.

Sec. 355. Establishment of logistics standards for sustained military operations.

Subtitle G--Other Matters

Sec. 361. Discretionary authority to install telecommunication equipment for persons performing voluntary services.

Sec. 362. Contracting authority for defense working capital funded industrial facilities.

Sec. 363. Clarification of condition on sale of articles and services of industrial facilities to persons outside Department of Defense.

Sec. 364. Special authority of disbursing officials regarding automated teller machines on naval vessels.

Sec. 365. Preservation of historic buildings and grounds at United States Soldiers' and Airmen's Home, District of Columbia.

Sec. 366. Clarification of land conveyance authority, United States Soldiers' and Airmen's Home.

Sec. 367. Treatment of Alaska, Hawaii, and Guam in defense household goods moving programs.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Revision in permanent end strength minimum levels.

Sec. 403. Appointments to certain senior joint officer positions.

Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for Reserves on active duty in support of the reserves.

Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Increase in number of Army and Air Force members in certain grades authorized to serve on active duty in support of the Reserves.

Sec. 415. Selected Reserve end strength flexibility.

Subtitle C--Authorization of Appropriations

Sec. 421. Authorization of appropriations for military personnel.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

Sec. 501. Recommendations for promotion by selection boards.

Sec. 502. Technical amendments relating to joint duty assignments.

Subtitle B--Matters Relating to Reserve Components

Sec. 511. Continuation on Reserve active status list to complete disciplinary action.

Sec. 512. Authority to order reserve component members to active duty to complete a medical evaluation.

Sec. 513. Eligibility for consideration for promotion.

Sec. 514. Retention until completion of 20 years of service for reserve component majors and lieutenant commanders who twice fail of selection for promotion.

Sec. 515. Computation of years of service exclusion.

Sec. 516. Authority to retain reserve component chaplains until age 67.

Sec. 517. Expansion and codification of authority for space-required travel for Reserves.

Sec. 518. Financial assistance program for specially selected members of the Marine Corps Reserve.

Sec. 519. Options to improve recruiting for the Army Reserve.

Subtitle C--Military Technicians

Sec. 521. Revision to military technician (dual status) law.

Sec. 522. Civil service retirement of technicians.

Sec. 523. Revision to non-dual status technicians statute.

Sec. 524. Revision to authorities relating to National Guard technicians.

Sec. 525. Effective date.

Sec. 526. Secretary of Defense review of Army technician costing process.

Sec. 527. Fiscal year 2000 limitation on number of non-dual status technicians.

Subtitle D--Service Academies

Sec. 531. Waiver of reimbursement of expenses for instruction at service academies of persons from foreign countries.

Sec. 532. Compliance by United States Military Academy with statutory limit on size of Corps of Cadets.

Sec. 533. Dean of Academic Board, United States Military Academy and Dean of the Faculty, United States Air Force Academy.

Sec. 534. Exclusion from certain general and flag officer grade strength limitations for the superintendents of the service academies.

Subtitle E--Education and Training

Sec. 541. Establishment of a Department of Defense international student program at the senior military colleges.

Sec. 542. Authority for Army War College to award degree of master of strategic studies.

Sec. 543. Authority for air university to award graduate-level degrees.

Sec. 544. Correction of Reserve credit for participation in health professional scholarship and financial assistance program.

Sec. 545. Permanent expansion of ROTC program to include graduate students.

Sec. 546. Increase in monthly subsistence allowance for senior ROTC cadets selected for advanced training.

Sec. 547. Contingent funding increase for Junior ROTC program.

Sec. 548. Change from annual to biennial reporting under the Reserve component Montgomery GI Bill.

Sec. 549. Recodification and consolidation of statutes denying Federal grants and contracts by certain departments and agencies to institutions of higher education that prohibit Senior ROTC units or military recruiting on campus.

Subtitle F--Decorations and Awards

Sec. 551. Waiver of time limitations for award of certain decorations to certain persons.

Sec. 552 Sense of Congress concerning Presidential Unit Citation for crew of the U.S.S. INDIANAPOLIS.

Sec. 553. Authority for award of Medal of Honor to Alfred Rascon for valor during the Vietnam conflict.

Subtitle G--Other Matters

Sec. 561. Revision in authority to order retired members to active duty.

Sec. 562. Temporary authority for recall of retired aviators.

Sec. 563. Service review agencies covered by professional staffing requirement.

Sec. 564. Conforming amendment to authorize Reserve officers and retired regular officers to hold a civil office while serving on active duty for not more than 270 days.

Sec. 565. Revision to requirement for honor guard details at funerals of veterans.

Sec. 566. Purpose and funding limitations for National Guard Challenge Program.

Sec. 567. Access to secondary school students for military recruiting purposes.

Sec. 568. Survey of members leaving military service on attitudes toward military service.

Sec. 569. Improvement in system for assigning personnel to warfighting units.

Sec. 570. Requirement for Department of Defense regulations to protect the confidentiality of communications between dependents and professionals providing therapeutic or related services regarding sexual or domestic abuse.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Sec. 601. Fiscal year 2000 increase in military basic pay and reform of basic pay rates.

Sec. 602. Pay increases for fiscal years after fiscal year 2000.

Sec. 603. Additional amount available for fiscal year 2000 increase in basic allowance for housing inside the United States.

Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. Extension of certain bonuses and special pay authorities for reserve forces.

Sec. 612. Extension of certain bonuses and special pay authorities for nurse officer candidates, registered nurses, and nurse anesthetists.

Sec. 613. Extension of authorities relating to payment of other bonuses and special pays.

Sec. 614. Aviation career incentive pay for air battle managers.

Sec. 615. Expansion of authority to provide special pay to aviation career officers extending period of active duty.

Sec. 616. Diving duty special pay.

Sec. 617. Reenlistment bonus.

Sec. 618. Enlistment bonus.

Sec. 619. Revised eligibility requirements for reserve component prior service enlistment bonus.

Sec. 620. Increase in special pay and bonuses for nuclear-qualified officers.

Sec. 621. Increase in authorized monthly rate of foreign language proficiency pay.

Sec. 622. Authorization of retention bonus for special warfare officers extending period of active duty.

Sec. 623. Authorization of surface warfare officer continuation pay.

Sec. 624. Authorization of career enlisted flyer incentive pay.

Sec. 625. Authorization of judge advocate continuation pay.

Subtitle C--Travel and Transportation Allowances

Sec. 631. Provision of lodging in kind for Reservists performing training duty and not otherwise entitled to travel and transportation allowances.

Sec. 632. Payment of temporary lodging expenses for members making their first permanent change of station.

Sec. 633. Emergency leave travel cost limitations.

Subtitle D--Retired Pay Reform

Sec. 641. Redux retired pay system applicable only to members electing new 15-year career status bonus.

Sec. 642. Authorization of 15-year career status bonus.

Sec. 643. Conforming amendments.

Sec. 644. Effective date.

Subtitle E--Other Retired Pay and Survivor Benefit Matters

Sec. 651. Effective date of disability retirement for members dying in civilian medical facilities.

Sec. 652. Extension of annuity eligibility for surviving spouses of certain retirement eligible reserve members.

Sec. 653. Presentation of United States flag to retiring members of the uniformed services not previously covered.

Sec. 654. Accrual funding for retirement system for commissioned corps of National Oceanic and Atmospheric Administration.

Sec. 655. Disability retirement or separation for certain members with pre-existing conditions.

Subtitle F--Eligibility to Participate in the Thrift Savings Plan

Sec. 661. Authority for members of the uniformed services to contribute to the thrift savings fund.

Sec. 662. Contributions to thrift savings fund.

Sec. 663. Regulations.

Sec. 664. Effective date.

Subtitle G--Other Matters

Sec. 671. Payments for unused accrued leave as part of reenlistment.

Sec. 672. Clarification of per diem eligibility for military technicians serving on active duty without pay outside the United States.

Sec. 673. Overseas special supplemental food program.

Sec. 674. Special compensation for severely disabled uniformed services retirees.

Sec. 675. Tuition assistance for members deployed in a contingency operation.

TITLE VII--HEALTH CARE MATTERS

Subtitle A--Health Care Services

Sec. 701. Provision of health care to members on active duty at certain remote locations.

Sec. 702. Provision of chiropractic health care.

Sec. 703. Continuation of provision of domiciliary and custodial care for certain CHAMPUS beneficiaries.

Sec. 704. Removal of restrictions on use of funds for abortions in certain cases of rape or incest.

Subtitle B--TRICARE Program

Sec. 711. Improvements to claims processing under the TRICARE program.

Sec. 712. Authority to waive certain TRICARE deductibles.

Sec. 713. Electronic processing of claims under the TRICARE program.

Sec. 714. Study of rates for provision of medical services; proposal for certain rate increases.

Sec. 715. Requirements for provision of care in geographically separated units.

Sec. 716. Improvement of access to health care under the TRICARE program.

Sec. 717. Reimbursement of certain costs incurred by covered beneficiaries when referred for care outside local catchment area.

Sec. 718. Improvement of referral process under TRICARE.

Subtitle C--Other Matters

Sec. 721. Pharmacy benefits program.

Sec. 722. Improvements to third-party payer collection program.

Sec. 723. Authority of Armed Forces medical examiner to conduct forensic pathology investigations.

Sec. 724. Trauma training center.

Sec. 725. Study on joint operations for the Defense Health Program.

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

Sec. 801. Sale, exchange, and waiver authority for coal and coke.

Sec. 802. Extension of authority to issue solicitations for purchases of commercial items in excess of simplified acquisition threshold.

Sec. 803. Expansion of applicability of requirement to make certain procurements from small arms production industrial base.

Sec. 804. Repeal of termination of provision of credit towards subcontracting goals for purchases benefiting severely handicapped persons.

Sec. 805. Extension of test program for negotiation of comprehensive small business subcontracting plans.

Sec. 806. Facilitation of national missile defense system.

Sec. 807. Options for accelerated acquisition of precision munitions.

Sec. 808. Program to increase opportunity for small business innovation in defense acquisition programs.

Sec. 809. Compliance with Buy American Act.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

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

Sec. 902. Responsibility for logistics and sustainment functions of the Department of Defense.

Sec. 903. Management headquarters and headquarters support activities.

Sec. 904. Further reductions in defense acquisition and support workforce.

Sec. 905. Center for the Study of Chinese Military Affairs.

Sec. 906. Responsibility within Office of the Secretary of Defense for monitoring OPTEMPO and PERSTEMPO.

Sec. 907. Report on military space issues.

Sec. 908. Employment and compensation of civilian faculty members of Department of Defense African Center for Strategic Studies.

Sec. 909. Additional matters for annual report on joint warfighting experimentation.

Sec. 910. Defense technology security enhancement.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Incorporation of classified annex.

Sec. 1003. Authorization of prior emergency military personnel appropriations.

Sec. 1004. Repeal of requirement for two-year budget cycle for the Department of Defense.

Sec. 1005. Consolidation of various Department of the Navy trust and gift funds.

Sec. 1006. Supplemental appropriations request for operations in Yugoslavia.

Subtitle B--Naval Vessels and Shipyards

Sec. 1011. Revision to congressional notice-and-wait period required before transfer of a vessel stricken from the Naval Vessel Register.

Sec. 1012. Authority to consent to retransfer of former naval vessel.

Sec. 1013. Report on naval vessel force structure requirements.

Sec. 1014. Auxiliary vessels acquisition program for the Department of Defense.

Sec. 1015. Authority to provide advance payments for the National Defense Features program.

Subtitle C--Matters Relating to Counter Drug Activities

Sec. 1021. Support for detection and monitoring activities in the eastern Pacific Ocean.

Sec. 1022. Condition on development of forward operating locations for United States Southern Command counter-drug detection and monitoring flights.

Sec. 1023. United States military activities in Colombia.

Sec. 1024. Assignment of members to assist Immigration and Naturalization Service and Customs Service.

Subtitle D--Other Matters

Sec. 1031. Identification in budget materials of amounts for declassification activities and limitation on expenditures for such activities.

Sec. 1032. Notice to congressional committees of compromise of classified information within defense programs of the United States.

Sec. 1033. Revision to limitation on retirement or dismantlement of strategic nuclear delivery systems.

Sec. 1034. Annual report by Chairman of Joint Chiefs of Staff on the risks in executing the missions called for under the National Military Strategy.

Sec. 1035. Requirement to address unit operations tempo and personnel tempo in Department of Defense annual report.

Sec. 1036. Preservation of certain defense reporting requirements.

Sec. 1037. Technical and clerical amendments.

Sec. 1038. Contributions for Spirit of Hope endowment fund of United Service Organizations, Incorporated.

Sec. 1039. Chemical defense training facility.

Sec. 1040. Asia-Pacific Center for security studies.

Sec. 1041. Report on effect of continued Balkan operations on ability of United States to successfully meet other regional contingencies.

Sec. 1042. Report on space launch failures.

Sec. 1043. Report on airlift requirements to support national military strategy.

Sec. 1044. Operations of Naval Academy dairy farm.

Sec. 1045. Inspector General investigation of compliance with Buy American Act in purchases of free weight strength training equipment.

Sec. 1046. Performance of threat and risk assessments.

TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL

Sec. 1101. Increase of pay cap for nonappropriated fund senior executive employees.

Sec. 1102. Restoration of leave for certain Department of Defense employees who deploy to a combat zone outside the United States.

Sec. 1103. Expansion of Guard-and-Reserve purposes for which leave under section 6323 of title 5, United States Code, may be used.

Sec. 1104. Temporary authority to provide early retirement and separation incentives for certain civilian employees.

Sec. 1105. Extension of authority to continue health insurance coverage for certain Department of Defense employees.

TITLE XII--MATTERS RELATING TO OTHER NATIONS

Sec. 1201. Report on strategic stability under START III.

Sec. 1202. One-year extension of counterproliferation authorities for support of United Nations weapons inspection regime in Iraq.

Sec. 1203. Limitation on military-to-military exchanges with China's People's Liberation Army.

Sec. 1204. Report on allied capabilities to contribute to major theater wars.

Sec. 1205. Limitation on funds for Bosnia peacekeeping operations for fiscal year 2000.

Sec. 1206. Limitation on deployment of United States Armed Forces in Haiti.

Sec. 1207. Goals for the conflict with the Federal Republic of Yugoslavia.

Sec. 1208. Report on the security situation on the Korean Peninsula.

Sec. 1209. Annual report on military power of the People's Republic of China.

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

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.

Sec. 1302. Funding allocations.

Sec. 1303. Prohibition on use of funds for specified purposes.

Sec. 1304. Limitations on use of funds for fissile material storage facility.

Sec. 1305. Limitation on use of funds for chemical weapons destruction.

Sec. 1306. Limitation on use of funds for biological weapons proliferation prevention activities.

Sec. 1307. Limitation on use of funds until submission of report and multiyear plan.

Sec. 1308. Requirement to submit report.

Sec. 1309. Report on Expanded Threat Reduction Initiative.

TITLE XIV--PROLIFERATION AND EXPORT CONTROL MATTERS

Sec. 1401. Report on compliance by the People's Republic of China and other countries with the missile technology control regime.

Sec. 1402. Annual report on technology transfers to the People's Republic of China.

Sec. 1403. Report on implementation of transfer of satellite export control authority.

Sec. 1404. Security in connection with satellite export licensing.

Sec. 1405. Reporting of technology passed to People's Republic of China and of foreign launch security violations.

Sec. 1406. Report on national security implications of exporting high-performance computers to the People's Republic of China.

Sec. 1407. End-use verification for use by People's Republic of China of high-performance computers.

Sec. 1408. Procedures for review of export of controlled technologies and items.

Sec. 1409. Notice of foreign acquisition of United States firms in national security industries.

Sec. 1410. Five-agency inspectors general examination of countermeasures against acquisition by the People's Republic of China of militarily sensitive technology.

Sec. 1411. Office of technology security in Department of Defense.

Sec. 1412. Annual audit of Department of Defense and Department of Energy policies with respect to technology transfers to the People's Republic of China.

Sec. 1413. Resources for export license functions.

Sec. 1414. National security assessment of export licenses.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Authorization to accept electrical substation improvements, Guam.

Sec. 2206. Correction in authorized use of funds, Marine Corps Combat Development Command, Quantico, Virginia.

TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. Plan for completion of project to consolidate Air Force research laboratory, Rome Research Site, New York.

TITLE XXIV--DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.

Sec. 2402. Improvements to military family housing units.

Sec. 2403. Military housing improvement program.

Sec. 2404. Energy conservation projects.

Sec. 2405. Authorization of appropriations, Defense Agencies.

Sec. 2406. Increase in fiscal year 1997 authorization for military construction projects at Pueblo Chemical Activity, Colorado.

Sec. 2407. Condition on obligation of military construction funds for drug interdiction and counter-drug activities.

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be specified by law.

Sec. 2702. Extension of authorizations of certain fiscal year 1997 projects.

Sec. 2703. Extension of authorizations of certain fiscal year 1996 projects.

Sec. 2704. Effective date.

TITLE XXVIII--GENERAL PROVISIONS

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

Sec. 2801. Contributions for North Atlantic Treaty Organizations Security Investment.

Sec. 2802. Development of Ford Island, Hawaii.

Sec. 2803. Restriction on authority to acquire or construct ancillary supporting facilities for housing units.

Sec. 2804. Planning and design for military construction projects for reserve components.

Sec. 2805. Limitations on authority to carry out small projects for acquisition of facilities for reserve components.

Sec. 2806. Expansion of entities eligible to participate in alternative authority for acquisition and improvement of military housing.

Subtitle B--Real Property and Facilities Administration

Sec. 2811. Extension of authority for lease of land for special operations activities.

Sec. 2812. Utility privatization authority.

Sec. 2813. Acceptance of funds to cover administrative expenses relating to certain real property transactions.

Sec. 2814. Study and report on impacts to military readiness of proposed land management changes on public lands in Utah.

Subtitle C--Defense Base Closure and Realignment

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

Subtitle D--Land Conveyances

Part I--Army Conveyances

Sec. 2831. Transfer of jurisdiction, Fort Sam Houston, Texas.

Sec. 2832. Land conveyance, Army Reserve Center, Kankakee, Illinois.

Sec. 2833. Land conveyance, Fort Des Moines, Iowa.

Sec. 2834. Land conveyance, Army Maintenance Support Activity (Marine) Number 84, Marcus Hook, Pennsylvania.

Sec. 2835. Land conveyances, Army docks and related property, Alaska.

Sec. 2836. Land conveyance, Fort Huachuca, Arizona.

Sec. 2837. Land conveyance, Army Reserve Center, Cannon Falls, Minnesota.

Sec. 2838. Land conveyance, Nike Battery 80 family housing site, East Hanover Township, New Jersey.

Sec. 2839. Land exchange, Rock Island Arsenal, Illinois.

Sec. 2840. Modification of land conveyance, Joliet Army Ammunition Plant, Illinois.

Sec. 2841. Land conveyances, Twin Cities Army Ammunition Plant, Minnesota.

Part II--Navy Conveyances

Sec. 2851. Land conveyance, Naval Weapons Industrial Reserve Plant No. 387, Dallas, Texas.

Sec. 2852. Land conveyance, Naval and Marine Corps Reserve Center, Orange, Texas.

Sec. 2853. Land conveyance, Marine Corps Air Station, Cherry Point, North Carolina.

Part III--Air Force Conveyances

Sec. 2861. Conveyance of fuel supply line, Pease Air Force Base, New Hampshire.

Sec. 2862. Land conveyance, Tyndall Air Force Base, Florida.

Sec. 2863. Land conveyance, Port of Anchorage, Alaska.

Sec. 2864. Land conveyance, Forestport Test Annex, New York.

Sec. 2865. Land conveyance, Mcclellan Nuclear Radiation Center, California.

Subtitle E--Other Matters

Sec. 2871. Expansion of Arlington National Cemetery.

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

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

Sec. 3101. Weapons activities.

Sec. 3102. Defense environmental restoration and waste management.

Sec. 3103. Other defense activities.

Sec. 3104. Defense nuclear waste disposal.

Sec. 3105. Defense environmental management privatization.

Sec. 3106. Department of Energy counterintelligence cyber security program.

Subtitle B--Recurring General Provisions

Sec. 3121. Reprogramming.

Sec. 3122. Limits on general plant projects.

Sec. 3123. Limits on construction projects.

Sec. 3124. Fund transfer authority.

Sec. 3125. Authority for conceptual and construction design.

Sec. 3126. Authority for emergency planning, design, and construction activities.

Sec. 3127. Funds available for all national security programs of the Department of Energy.

Sec. 3128. Availability of funds.

Sec. 3129. Transfers of defense environmental management funds.

Subtitle C--Program Authorizations, Restrictions, and Limitations

Sec. 3131. Limitation on use at Department of Energy laboratories of funds appropriated for the initiatives for proliferation prevention program.

Sec. 3132. Prohibition on use for payment of Russian Government taxes and customs duties of funds appropriated for the initiatives for proliferation prevention program.

Sec. 3133. Modification of laboratory-directed research and development to provide funds for theater ballistic missile defense.

Sec. 3134. Support of theater ballistic missile defense activities of the Department of Defense.

Subtitle D--Commission on Nuclear Weapons Management

Sec. 3151. Establishment of commission.

Sec. 3152. Duties of commission.

Sec. 3153. Reports.

Sec. 3154. Powers.

Sec. 3155. Commission procedures.

Sec. 3156. Personnel matters.

Sec. 3157. Miscellaneous administrative provisions.

Sec. 3158. Funding.

Sec. 3159. Termination of the commission.

Subtitle E--Other Matters

Sec. 3161. Procedures for meeting tritium production requirements.

Sec. 3162. Extension of authority of Department of Energy to pay voluntary separation incentive payments.

Sec. 3163. Fellowship program for development of skills critical to the Department of Energy nuclear weapons complex.

Sec. 3164. Department of Energy records declassification.

Sec. 3165. Management of nuclear weapons production facilities and national laboratories.

Sec. 3166. Notice to congressional committees of compromise of classified information within nuclear energy defense programs.

Sec. 3167. Department of Energy regulations relating to the safeguarding and security of restricted data.

Sec. 3168. Department of Energy counterintelligence polygraph program.

Sec. 3169. Report on counterintelligence and security practices at national laboratories.

Sec. 3170. Technology transfer coordination for Department of Energy national laboratories.

Subtitle F--Protection of National Security Information

Sec. 3181. short title.

Sec. 3182. Semi-annual report by the president on espionage by the People's Republic of China.

Sec. 3183. Report on whether department of energy should continue to maintain nuclear weapons responsibility.

Sec. 3184. Department of Energy office of foreign intelligence and Office of Counterintelligence.

Sec. 3185. Counterintelligence program at Department of Energy national laboratories.

Sec. 3186. Counterintelligence activities at other Department of Energy facilities.

Sec. 3187. Department of Energy polygraph examinations.

Sec. 3188. Civil monetary penalties for violations of Department of Energy regulations relating to the safeguarding and security of restricted data.

Sec. 3189. Increased penalties for misuse of restricted data.

Sec. 3190. restrictions on access to national laboratories by foreign visitors from sensitive countries.

Sec. 3191. Requirements relating to access by foreign visitors and employees to Department of Energy facilities engaged in defense activities.

Sec. 3192. Annual report on security and counterintelligence standards at national laboratories and other defense facilities of the Department of Energy.

Sec. 3193. Report on security vulnerabilities of national laboratory computers.

Sec. 3194. Government access to classified information on Department of Energy defense-related computers.

Sec. 3195. Definition of national laboratory.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Definitions.

Sec. 3302. Authorized uses of stockpile funds.

Sec. 3303. Elimination of congressionally imposed disposal restrictions on specific stockpile materials.

TITLE XXXIV--MARITIME ADMINISTRATION

Sec. 3401. Short title.

Sec. 3402. Authorization of appropriations for fiscal year 2000.

Sec. 3403. Amendments to title XI of the Merchant Marine Act, 1936.

Sec. 3404. Extension of war risk insurance authority.

Sec. 3405. Ownership of the JEREMIAH O'BRIEN.

TITLE XXXV--PANAMA CANAL COMMISSION

Sec. 3501. Short title.

Sec. 3502. Authorization of expenditures.

Sec. 3503. Purchase of vehicles.

Sec. 3504. Office of Transition Administration.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

For purposes of this Act, the term `congressional defense committees' means--

(1) the Committee on Armed Services and the Committee on Appropriations of the Senate; and

(2) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

Funds are hereby authorized to be appropriated for fiscal year 2000 for procurement for the Army as follows:

(1) For aircraft, $1,415,211,000.

(2) For missiles, $1,415,959,000.

(3) For weapons and tracked combat vehicles, $1,575,096,000.

(4) For ammunition, $1,196,216,000.

(5) For other procurement, $3,799,895,000.

SEC. 102. NAVY AND MARINE CORPS.

(a) NAVY- Funds are hereby authorized to be appropriated for fiscal year 2000 for procurement for the Navy as follows:

(1) For aircraft, $8,804,051,000.

(2) For weapons, including missiles and torpedoes, $1,764,655,000.

(3) For shipbuilding and conversion, $6,687,172,000.

(4) For other procurement, $4,260,444,000.

(b) MARINE CORPS- Funds are hereby authorized to be appropriated for fiscal year 2000 for procurement for the Marine Corps in the amount of 1,297,463,000.

(c) NAVY AND MARINE CORPS AMMUNITION- Funds are hereby authorized to be appropriated for procurement of ammunition for the Navy and the Marine Corps in the amount of $612,900,000.

SEC. 103. AIR FORCE.

Funds are hereby authorized to be appropriated for fiscal year 2000 for procurement for the Air Force as follows:

(1) For aircraft, $9,647,651,000.

(2) For missiles, $2,303,661,000.

(3) For ammunition, $560,537,000.

(4) For other procurement, $7,077,762,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

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

SEC. 105. RESERVE COMPONENTS.

Funds are hereby authorized to be appropriated for fiscal year 2000 for procurement of aircraft, vehicles, communications equipment, and other equipment for the reserve components of the Armed Forces as follows:

(1) For the Army National Guard, $10,000,000.

(2) For the Air National Guard, $10,000,000.

(3) For the Army Reserve, $10,000,000.

(4) For the Naval Reserve, $10,000,000.

(5) For the Air Force Reserve, $10,000,00.

(6) For the Marine Corps Reserve, $10,000,000.

SEC. 106. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for fiscal year 2000 for procurement for the Inspector General of the Department of Defense in the amount of $2,100,000.

SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

There is hereby authorized to be appropriated for fiscal year 2000 the amount of $1,012,000,000 for--

(1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and

(2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.

SEC. 108. DEFENSE HEALTH PROGRAMS.

Funds are hereby authorized to be appropriated for fiscal year 2000 for the Department of Defense for procurement for carrying out health care programs, projects, and activities of the Department of Defense in the total amount of $356,970,000.

SEC. 109. DEFENSE EXPORT LOAN GUARANTEE PROGRAM.

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

Subtitle B--Army Programs

SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR ARMY PROGRAMS.

(a) MULTIYEAR PROCUREMENT AUTHORITY- Subject to subsection (b), the Secretary of the Army may, in accordance with section 2306b of title 10, United States Code, enter into a multiyear procurement contract beginning with the fiscal year 2000 program year for procurement for each of the following programs.

(1) The Javelin missile system.

(2) M2A3 Bradley fighting vehicles.

(3) AH-64D Longbow Apache attack helicopters.

(4) The M1A2 Abrams main battle tank upgrade program combined with the Heavy Assault Bridge program.

(b) REQUIRED REPORT- The Secretary of the Army may not enter into a multiyear contract under subsection (a) for a program named in one of the paragraphs of that subsection until the Secretary of Defense submits to the congressional defense committees a report with respect to that contract that provides the following information, shown for each year in the current future-years defense program and in the aggregate over the period of the current future-years defense program:

(1) The amount of total obligational authority under the contract and the percentage that such amount represents of (A) the applicable procurement account, and (B) the service procurement total.

(2) The amount of total obligational authority under all Army multiyear procurements (determined without regard to the amount of the multiyear contract) under multiyear contracts in effect immediately before the contract under subsection (a) is entered into and the percentage that such amount represents of (A) the applicable procurement account, and (B) the service procurement total.

(3) The amount equal to the sum of the amounts under paragraphs (1) and (2) and the percentage that such amount represents of (A) the applicable procurement account, and (B) the service procurement total.

(4) The amount of total obligational authority under all Department of Defense multiyear procurements (determined without regard to the amount of the multiyear contract), including the contract under subsection (a) and each additional multiyear contract authorized by this Act, and the percentage that such amount represents of the procurement accounts of the Department of Defense treated in the aggregate.

(5) For purposes of this subsection:

(A) The term `applicable procurement account' means, with respect to the multiyear contract under subsection (a), the Department of the Army procurement account from which funds to discharge obligations under the contract will be provided.

(B) The term `service procurement total' means, with respect to the multiyear contract under subsection (a), the procurement accounts of the Army treated in the aggregate.

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

Section 141 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 4543 note) is amended--

(1) in subsection (a), by striking `fiscal years 1998 and 1999' and inserting `fiscal years 1998 through 2001';

(2) in subsection (b), by striking `fiscal year 1998 or 1999' and inserting `the period during which the pilot program is being conducted'; and

(3) by adding at the end the following new subsection:

`(d) UPDATE OF REPORT- Not later March 1, 2001, the Inspector General of the Department of Defense shall submit to Congress an update of the report required to be submitted under subsection (c) and an assessment of the success of the pilot program.'.

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

The text of section 112 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1973) is amended to read as follows:

`(a) LIMITATION ON SECOND-SOURCE AWARD- The Secretary of the Army may award a full-rate production contract (known as a Phase III contract) for production of the Family of Medium Tactical Vehicles to a second source only after the Secretary submits to the congressional defense committees a certification in writing of the following:

`(1) That the total quantity of trucks within the Family of Medium Tactical Vehicles program that the Secretary will require to be delivered (under all contracts) in any 12-month period will be sufficient to enable the prime contractor to maintain a minimum production level of 150 trucks per month.

`(2) That the total cost to the Army of the procurements under the prime and second-source contracts over the period of those contracts will be the same as or lower than the amount that would be the total cost of the procurements if such a second-source contract were not awarded.

`(3) That the trucks to be produced under those contracts will be produced with common components that will be interchangeable among similarly configured models.

`(b) DEFINITIONS- In this section:

`(1) The term `prime contractor' means the contractor under the production contract for the Family of Medium Tactical Vehicles program as of the date of the enactment of this Act.

`(2) The term `second source' means a firm other than the prime contractor.'.

Subtitle C--Navy Programs

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

(a) MULTIYEAR PROCUREMENT AUTHORITY- Subject to subsection (b) and (c), the Secretary of the Navy may, in accordance with section 2306b of title 10, United States Code, enter into a multiyear procurement contract beginning with the fiscal year 2000 program year for procurement for the F/A-18E/F aircraft program.

(b) REQUIRED REPORT- The Secretary of the Navy may not enter into a multiyear contract under subsection (a) until the Secretary of Defense submits to the congressional defense committees a report with respect to that contract that provides the following information, shown for each year in the current future-years defense program and in the aggregate over the period of the current future-years defense program:

(1) The amount of total obligational authority under the contract and the percentage that such amount represents of (A) the applicable procurement account, and (B) the service procurement total.

(2) The amount of total obligational authority under all Navy multiyear procurements (determined without regard to the amount of the multiyear contract) under multiyear contracts in effect immediately before the contract under subsection (a) is entered into and the percentage that such amount represents of (A) the applicable procurement account, and (B) the service procurement total.

(3) The amount equal to the sum of the amounts under paragraphs (1) and (2) and the percentage that such amount represents of (A) the applicable procurement account, and (B) the service procurement total.

(4) The amount of total obligational authority under all Department of Defense multiyear procurements (determined without regard to the amount of the multiyear contract), including the contract under subsection (a) and each additional multiyear contract authorized by this Act, and the percentage that such amount represents of the procurement accounts of the Department of Defense treated in the aggregate.

(5) For purposes of this subsection:

(A) The term `applicable procurement account' means, with respect to the multiyear contract under subsection (a), the Aircraft Procurement, Navy account.

(B) The term `service procurement total' means, with respect to the multiyear contract under subsection (a), the procurement accounts of the Navy treated in the aggregate.

(c) LIMITATION WITH RESPECT TO OPERATIONAL TEST AND EVALUATION- The Secretary of the Navy may not enter into a multiyear procurement contract authorized by subsection (a) until--

(1) the Secretary of Defense submits to the congressional defense committees a certification described in subsection (c); and

(2) a period of 30 continuous days of a Congress (as determined under subsection (d)) elapses after the submission of that certification.

(d) REQUIRED CERTIFICATION- A certification referred to in subsection (c)(1) is a certification by the Secretary of Defense of each of the following:

(1) That the results of the Operational Test and Evaluation program for the F/A-18E/F aircraft indicate--

(A) that the aircraft meets the requirements for operational effectiveness and suitability established by the Secretary of the Navy; and

(B) that the aircraft meets key performance specifications established by the Secretary of the Navy.

(2) That the cost of procurement of that aircraft using a multiyear procurement contract as authorized by subsection (a), assuming procurement of 222 aircraft, is at least 7.4 percent less than the cost of procurement of the same number of aircraft through annual contracts.

(e) CONTINUITY OF CONGRESS- For purposes of subsection (c)(2)--

(1) the continuity of a Congress is broken only by an adjournment of the Congress sine die at the end of the final session of the Congress; and

(2) any day on which either House of Congress is not in session because of an adjournment of more than three days to a day certain, or because of an adjournment sine die at the end of the first session of a Congress, shall be excluded in the computation of such 30-day period.

Subtitle D--Chemical Stockpile Destruction Program

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

(a) PROGRAM ASSESSMENT- (1) The Secretary of Defense shall conduct an assessment of the current program for destruction of the United States' stockpile of chemical agents and munitions, including the Assembled Chemical Weapons Assessment, for the purpose of reducing significantly the cost of such program and ensuring completion of such program in accordance with the obligations of the United States under the Chemical Weapons Convention while maintaining maximum protection of the general public, the personnel involved in the demilitarization program, and the environment.

(2) Based on the results of the assessment conducted under paragraph (1), the Secretary may take those actions identified in the assessment that may be accomplished under existing law to achieve the purposes of such assessment and the chemical agents and munitions stockpile destruction program.

(3) Not later than March 1, 2000, the Secretary shall submit to Congress a report on--

(A) those actions taken, or planned to be taken, under paragraph (2); and

(B) any recommendations for additional legislation that may be required to achieve the purposes of the assessment conducted under paragraph (1) and of the chemical agents and munitions stockpile destruction program.

(b) CHANGES AND CLARIFICATIONS REGARDING PROGRAM- Section 1412 of the Department of Defense Authorization Act, 1986 (Public Law 99-145; 50 U.S.C. 1521) is amended--

(1) in subsection (c)--

(A) by striking paragraph (2) and inserting the following new paragraph:

`(2) Facilities constructed to carry out this section shall, when no longer needed for the purposes for which they were constructed, be disposed of in accordance with applicable laws and regulations and mutual agreements between the Secretary of the Army and the Governor of the State in which the facility is located.';

(B) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and

(C) by inserting after paragraph (2) (as amended by subparagraph (A)) the following new paragraph:

`(3)(A) Facilities constructed to carry out this section may not be used for a purpose other than the destruction of the stockpile of lethal chemical agents and munitions that exists on November 8, 1985.

`(B) The prohibition in subparagraph (A) shall not apply with respect to items designated by the Secretary of Defense as lethal chemical agents, munitions, or related materials after November 8, 1985, if the State in which a destruction facility is located issues the appropriate permit or permits for the destruction of such items at the facility.';

(2) in subsection (f)(2), by striking `(c)(4)' and inserting `(c)(5)'; and

(3) in subsection (g)(2)(B), by striking `(c)(3)' and inserting `(c)(4)'.

(c) DEFINITIONS- As used in this section:

(1) The term `Assembled Chemical Weapons Assessment' means the pilot program carried out under section 8065 of the Department of Defense Appropriations Act, 1997 (section 101(b) of Public Law 104-208; 110 Stat. 3009-101; 50 U.S.C. 1521 note).

(2) The term `Chemical Weapons Convention' means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and Their Destruction, ratified by the United States on April 25, 1997, and entered into force on April 29, 1997.

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

Section 142(a) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 1521 note) is amended to read as follows:

`(a) PROGRAM MANAGEMENT- (1) The program manager for the Assembled Chemical Weapons Assessment program shall manage the development and testing of technologies for the destruction of lethal chemical munitions that are potential or demonstrated alternatives to the baseline incineration program.

`(2) The Under Secretary of Defense for Acquisition and Technology and the Secretary of the Army shall jointly submit to Congress, not later than December 1, 1999, a plan for the transfer of oversight of the Assembled Chemical Weapons Assessment program from the Under Secretary to the Secretary.

`(3) Oversight of the Assembled Chemical Weapons Assessment program shall be transferred from the Under Secretary of Defense for Acquisition and Technology to the Secretary of the Army pursuant to the plan submitted under paragraph (2) not later than 90 days after the date of the submission of the notice required under section 152(f)(2) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 50 U.S.C. 1521).

`(4) The Under Secretary of Defense for Acquisition and Technology and the Secretary of the Army shall ensure coordination of the activities and plans of the program manager for the Assembled Chemical Weapons Assessment program and the program manager for Chemical Demilitarization during the demonstration and pilot plant facility phase for an alternative technology.

`(5) For those baseline demilitarization facilities for which the Secretary decides that implementation of an alternative technology may be recommended, the Secretary may take those measures necessary to facilitate the integration of the alternative technology.'.

Subtitle E--Other Matters

SEC. 151. LIMITATION ON EXPENDITURES FOR SATELLITE COMMUNICATIONS.

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

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

`The Secretary of Defense may not obligate any funds after September 30, 2000, to buy a commercial satellite communications system or to lease a communications service, including mobile satellite communications, unless the Secretary determines that the system or service to be purchased or leased has been proven through independent testing--

`(1) not to cause harmful interference to, or to disrupt the use of, colocated commercial or military Global Positioning System receivers used by the Department of Defense; and

`(2) to be safe for use with such receivers in all other respects.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

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

SEC. 152. PROCUREMENT OF FIREFIGHTING EQUIPMENT FOR THE AIR NATIONAL GUARD AND THE AIR FORCE RESERVE.

The Secretary of the Air Force may carry out a procurement program, in a total amount not to exceed $16,000,000, to modernize the airborne firefighting capability of the Air National Guard and Air Force Reserve by procurement of equipment for the modular airborne firefighting system. Amounts may be obligated for the program from funds appropriated for that purpose for fiscal year 1999 and subsequent fiscal years.

SEC. 153. COOPERATIVE ENGAGEMENT CAPABILITY PROGRAM.

(a) AUTHORITY TO PROCEED- Cooperative engagement equipment procured under the Cooperative Engagement Capability program of the Navy shall be procured and installed into commissioned vessels, shore facilities, and aircraft of the Navy before completion of the operational test and evaluation of shipboard cooperative engagement capability in order to ensure fielding of a battle group with fully functional cooperative engagement capability by fiscal year 2003.

(b) FUNDING- The amount authorized to be appropriated in section 102(a)(1) for E-2C aircraft modification is hereby increased by $22,000,000 to provide for the acquisition of additional cooperative engagement capability equipment. The amount authorized to be appropriated in section 102(a)(4) for Shipboard Information Warfare Exploit Systems is hereby reduced by $22,000,000.

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

Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year 2000 for the use of the Department of Defense for research, development, test, and evaluation as follows:

(1) For the Army, $4,708,194,000.

(2) For the Navy, $8,358,529,000.

(3) For the Air Force, $13,212,671,000.

(4) For Defense-wide activities, $9,556,285,000, of which--

(A) $253,457,000 is authorized for the activities of the Director, Test and Evaluation; and

(B) $24,434,000 is authorized for the Director of Operational Test and Evaluation.

SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.

(a) FISCAL YEAR 2000- Of the amounts authorized to be appropriated by section 201, $4,248,465,000 shall be available for basic research and applied research projects.

(b) BASIC RESEARCH AND APPLIED RESEARCH DEFINED- For purposes of this section, the term `basic research and applied research' means work funded in program elements for defense research and development under Department of Defense category 6.1 or 6.2.

Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. COLLABORATIVE PROGRAM TO EVALUATE AND DEMONSTRATE ADVANCED TECHNOLOGIES FOR ADVANCED CAPABILITY COMBAT VEHICLES.

(a) ESTABLISHMENT OF PROGRAM- The Secretary of Defense shall establish and carry out a program to provide for the evaluation and competitive demonstration of concepts for advanced capability combat vehicles for the Army.

(b) COVERED PROGRAM- The program under subsection (a) shall be carried out collaboratively pursuant to a memorandum of agreement to be entered into between the Secretary of the Army and the Director of the Defense Advanced Research Projects Agency. The program shall include the following activities:

(1) Consideration and evaluation of technologies having the potential to enable the development of advanced capability combat vehicles that are significantly superior to the existing M1 series of tanks in terms of capability for combat, survival, support, and deployment, including but not limited to the following technologies:

(A) Weapon systems using electromagnetic power, directed energy, and kinetic energy.

(B) Propulsion systems using hybrid electric drive.

(C) Mobility systems using active and semi-active suspension and wheeled vehicle suspension.

(D) Protection systems using signature management, lightweight materials, and full-spectrum active protection.

(E) Advanced robotics, displays, man-machine interfaces, and embedded training.

(F) Advanced sensory systems and advanced systems for combat identification, tactical navigation, communication, systems status monitoring, and reconnaissance.

(G) Revolutionary methods of manufacturing combat vehicles.

(2) Incorporation of the most promising such technologies into demonstration models.

(3) Competitive testing and evaluation of such demonstration models.

(4) Identification of the most promising such demonstration models within a period of time to enable preparation of a full development program capable of beginning by fiscal year 2007.

(c) REPORT- Not later than January 31, 2000, the Secretary of the Army and the Director of the Defense Advanced Research Projects Agency shall submit to the congressional defense committees a joint report on the implementation of the program under subsection (a). The report shall include the following:

(1) A description of the memorandum of agreement referred to in subsection (b).

(2) A schedule for the program.

(3) An identification of the funding required for fiscal year 2001 and for the future-years defense program to carry out the program.

(4) A description and assessment of the acquisition strategy for combat vehicles planned by the Secretary of the Army that would sustain the existing force of M1-series tanks, together with a complete identification of all operation, support, ownership, and other costs required to carry out such strategy through the year 2030.

(5) A description and assessment of one or more acquisition strategies for combat vehicles, alternative to the strategy referred to in paragraph (4), that would develop a force of advanced capability combat vehicles significantly superior to the existing force of M1-series tanks and, for each such alternative acquisition strategy, an estimate of the funding required to carry out such strategy.

(d) FUNDS- Of the amount authorized to be appropriated for Defense-wide activities by section 201(4) for the Defense Advanced Research Projects Agency, $56,200,000 shall be available only to carry out the program under subsection (a).

SEC. 212. REVISIONS IN MANUFACTURING TECHNOLOGY PROGRAM.

(a) ADDITIONAL PURPOSE OF PROGRAM- Subsection (b) of section 2525 of title 10, United States Code, is amended--

(1) by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively; and

(2) by inserting after paragraph (3) the following new paragraph:

`(4) to address broad defense-related manufacturing inefficiencies and requirements;'.

(b) REPEAL OF COST-SHARE GOAL- Subsection (d) of such section is amended by striking paragraph (3).

SEC. 213. SENSE OF CONGRESS REGARDING DEFENSE SCIENCE AND TECHNOLOGY PROGRAM.

(a) FAILURE TO COMPLY WITH FUNDING REQUIREMENTS- It is the sense of Congress that the Secretary of Defense has failed to comply with the funding objective for the Defense Science and Technology Program, especially the Air Force Science and Technology Program, as required by section 214(a) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1948), thus jeopardizing the stability of the defense technology base and increasing the risk of failure to maintain technological superiority in future weapons systems.

(b) FUNDING REQUIREMENTS- It is further the sense of Congress that, for each of the fiscal years 2001 through 2009, it should be an objective of the Secretary of Defense to increase the budget for the Defense Science and Technology Program, including the science and technology program within each military department, for the fiscal year over the budget for that program for the preceding fiscal year by a percent that is at least two percent above the rate of inflation as determined by the Office of Management and Budget.

(c) CERTIFICATION- If a proposed budget fails to comply with the objective set forth in subsection (b), the President shall certify to Congress that the budget does not jeopardize the stability of the defense technology base or increase the risk of failure to maintain technological superiority in future weapons systems.

Subtitle C--Ballistic Missile Defense

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

Section 223(a) of title 10, United States Code, is amended--

(1) by redesignating paragraphs (5) through (12) as paragraphs (6) through (13), respectively;

(2) by inserting after paragraph (4) the following new paragraph (5):

`(5) Upper Tier.'; and

(3) by adding at the end the following new paragraphs:

`(14) Space Based Infrared System Low.

`(15) Space Based Infrared System High.'.

Subtitle D--Other Matters

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

(a) DESIGNATION- The Secretary of Defense shall designate the Secretary of the Army as the Department of Defense executive agent for oversight of research, development, test, and evaluation of specified high energy laser technologies.

(b) LOCATION FOR CARRYING OUT OVERSIGHT FUNCTIONS- The functions of the Secretary of the Army as such executive agent shall be carried out through the Army Space and Missile Defense Command at the High Energy Laser Systems Test Facility at White Sands Missile Range, New Mexico.

(c) FUNCTIONS- The responsibilities of the Secretary of the Army as such executive agent shall include the following:

(1) Developing policy and overseeing the establishment of, and adherence to, procedures for ensuring that projects of the Department of Defense involving specified high energy laser technologies are initiated and administered effectively.

(2) Assessing and making recommendations to the Secretary of Defense regarding the capabilities demonstrated by specified high energy laser technologies and the potential of such technologies to meet operational military requirements.

(d) SPECIFIED HIGH ENERGY LASER TECHNOLOGIES- For purposes of this section, the term `specified high energy laser technologies' means technologies that--

(1) use lasers of one or more kilowatts; and

(2) have potential weapons applications.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

Funds are hereby authorized to be appropriated for fiscal year 2000 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:

(1) For the Army, $19,476,694,000.

(2) For the Navy, $22,785,215,000.

(3) For the Marine Corps, $2,777,429,000.

(4) For the Air Force, $21,514,958,000.

(5) For Defense-wide activities, $10,968,614,000.

(6) For the Army Reserve, $1,512,513,000.

(7) For the Naval Reserve, $965,847,000.

(8) For the Marine Corps Reserve, $137,266,000.

(9) For the Air Force Reserve, $1,730,937,000.

(10) For the Army National Guard, $3,141,049,000.

(11) For the Air National Guard, $3,185,918,000.

(12) For the Defense Inspector General, $130,744,000.

(13) For the United States Court of Appeals for the Armed Forces, $7,621,000.

(14) For Environmental Restoration, Army, $378,170,000.

(15) For Environmental Restoration, Navy, $284,000,000.

(16) For Environmental Restoration, Air Force, $376,800,000.

(17) For Environmental Restoration, Defense-wide, $25,370,000.

(18) For Environmental Restoration, Formerly Used Defense Sites, $199,214,000.

(19) For Overseas Humanitarian, Disaster, and Civic Aid programs, $50,000,000.

(20) For Drug Interdiction and Counter-drug Activities, Defense-wide, $811,700,000.

(21) For the Kaho'olawe Island Conveyance, Remediation, and Environmental Restoration Trust Fund, $15,000,000.

(22) For Defense Health Program, $10,496,687,000.

(23) For Cooperative Threat Reduction programs, $444,100,000.

(24) For Overseas Contingency Operations Transfer Fund, $2,387,600,000.

(25) For Quality of Life Enhancements, $1,845,370,000.

SEC. 302. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal year 2000 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds in amounts as follows:

(1) For the Defense Working Capital Funds, $90,344,000.

(2) For the National Defense Sealift Fund, $434,700,000.

SEC. 303. ARMED FORCES RETIREMENT HOME.

There is hereby authorized to be appropriated for fiscal year 2000 from the Armed Forces Retirement Home Trust Fund the sum of $68,295,000 for the operation of the Armed Forces Retirement Home, including the United States Soldiers' and Airmen's Home and the Naval Home.

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

(a) TRANSFER AUTHORITY- To the extent provided in appropriations Acts, not more than $150,000,000 is authorized to be transferred from the National Defense Stockpile Transaction Fund to operation and maintenance accounts for fiscal year 2000 in amounts as follows:

(1) For the Army, $50,000,000.

(2) For the Navy, $50,000,000.

(3) For the Air Force, $50,000,000.

(b) TREATMENT OF TRANSFERS- Amounts transferred under this section--

(1) shall be merged with, and be available for the same purposes and the same period as, the amounts in the accounts to which transferred; and

(2) may not be expended for an item that has been denied authorization of appropriations by Congress.

(c) RELATIONSHIP TO OTHER TRANSFER AUTHORITY- The transfer authority provided in this section is in addition to the transfer authority provided in section 1001.

SEC. 305. TRANSFER TO DEFENSE WORKING CAPITAL FUNDS TO SUPPORT DEFENSE COMMISSARY AGENCY.

(a) ARMY OPERATION AND MAINTENANCE FUNDS- The Secretary of the Army shall transfer $346,154,000 of the amount authorized to be appropriated by section 301(1) for operation and maintenance for the Army to the Defense Working Capital Funds for the purpose of funding operations of the Defense Commissary Agency.

(b) NAVY OPERATION AND MAINTENANCE FUNDS- The Secretary of the Navy shall transfer $263,070,000 of the amount authorized to be appropriated by section 301(2) for operation and maintenance for the Navy to the Defense Working Capital Funds for the purpose of funding operations of the Defense Commissary Agency.

(c) MARINE CORPS OPERATION AND MAINTENANCE FUNDS- The Secretary of the Navy shall transfer $90,834,000 of the amount authorized to be appropriated by section 301(3) for operation and maintenance for the Marine Corps to the Defense Working Capital Funds for the purpose of funding operations of the Defense Commissary Agency.

(d) AIR FORCE OPERATION AND MAINTENANCE FUNDS- The Secretary of the Air Force shall transfer $309,061,000 of the amount authorized to be appropriated by section 301(4) for operation and maintenance for the Air Force to the Defense Working Capital Funds for the purpose of funding operations of the Defense Commissary Agency.

(e) TREATMENT OF TRANSFERS- Amounts transferred under this section--

(1) shall be merged with, and be available for the same purposes and the same period as, other amounts in the Defense Working Capital Funds available for the purpose of funding operations of the Defense Commissary Agency; and

(2) may not be expended for an item that has been denied authorization of appropriations by Congress.

(f) RELATIONSHIP TO OTHER TRANSFER AUTHORITY- The transfers required by this section are in addition to the transfer authority provided in section 1001.

Subtitle B--Program Requirements, Restrictions, and Limitations

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

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

SEC. 312. REPLACEMENT OF NONSECURE TACTICAL RADIOS OF THE 82ND AIRBORNE DIVISION.

Of the amount authorized to be appropriated by section 301(1) for operation and maintenance for the Army, $5,500,000 shall be available to the Secretary of the Army for the purpose of replacing nonsecure tactical radios used by the 82nd Airborne Division with radios, such as models AN/PRC-138 and AN/PRC-148, identified as being capable of fulfilling mission requirements.

SEC. 313. OPERATION AND MAINTENANCE OF AIR FORCE SPACE LAUNCH FACILITIES.

(a) ADDITIONAL AUTHORIZATION- In addition to the funds otherwise authorized in this Act for the operation and maintenance of the space launch facilities of the Department of the Air Force, there is hereby authorized to be appropriated $7,300,000 for space launch operations at such launch facilities.

(b) CORRESPONDING REDUCTION- The amount authorized to be appropriated in section 301(4) for operation and maintenance for the Air Force is hereby reduced by $7,300,000, to be derived from other service-wide activities.

(c) STUDY OF SPACE LAUNCH RANGES AND REQUIREMENTS- (1) The Secretary of Defense shall conduct a study--

(A) to access anticipated military, civil, and commercial space launch requirements;

(B) to examine the technical shortcomings at the space launch ranges;

(C) to evaluate oversight arrangements at the space launch ranges; and

(D) to estimate future funding requirements for space launch ranges capable of meeting both national security space launch needs and civil and commercial space launch needs.

(2) The Secretary shall conduct the study using the Defense Science Board of the Department of Defense.

(3) Not later than February 15, 2000, the Secretary shall submit to the congressional defense committees a report containing the results of the study.

Subtitle C--Environmental Provisions

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

(a) USE OF CERTAIN CONTRACTS- The Secretary of Defense shall use Army Corps of Engineers indefinite delivery, indefinite quantity contracts for the remediation of asbestos and lead-based paint at military installations within the United States in accordance with all applicable Federal and State laws and Department of Defense regulations.

(b) WAIVER AUTHORITY- The Secretary of Defense may waive subsection (a) with regard to a military installation that requires asbestos or lead-based paint remediation if the military installation is not included in an Army Corps of Engineers indefinite delivery, indefinite quantity contract. The Secretary shall grant any such waiver on a case-by-case basis.

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

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

Section 2461(g) of title 10, United States Code, is amended--

(1) by inserting `(1)' before the first sentence;

(2) in the second sentence, by striking `The Secretary shall' and inserting the following:

`(3) The Secretary shall also'; and

(3) by inserting after the first sentence the following new paragraph:

`(2) The Secretary shall include in each such report a summary of the number of work year equivalents performed by employees of private contractors in providing services to the Department (including both direct and indirect labor attributable to the provision of the services) and the total value of the contracted services. The work year equivalents and total value of the services shall be categorized by Federal supply class or service code (using the first character of the code), the appropriation from which the services were funded, and the major organizational element of the Department procuring the services.'.

SEC. 332. CONGRESSIONAL NOTIFICATION OF A-76 COST COMPARISON WAIVERS.

(a) NOTIFICATION REQUIRED- Section 2467 of title 10, United States Code, is amended by adding at the end the following new subsection:

`(c) CONGRESSIONAL NOTIFICATION OF COST COMPARISON WAIVER- (1) Not later than 10 days after a decision is made to waive the cost comparison study otherwise required under Office of Management and Budget Circular A-76 as part of the process to convert to contractor performance any commercial activity of the Department of Defense, the Secretary of Defense shall submit to Congress a report describing the commercial activity subject to the waiver and the rationale for the waiver.

`(2) The report shall also include the following:

`(A) The total number of civilian employees or military personnel adversely affected by the decision to waive the cost comparison study and convert the commercial activity to contractor performance.

`(B) An explanation of whether the contractor was selected, or will be selected, on a competitive basis or sole source basis.

`(C) The anticipated savings to result from the waiver and resulting conversion to contractor performance.'.

(b) CLERICAL AMENDMENTS- (1) The heading of such section is amended to read as follows:

`Sec. 2467. Cost comparisons: inclusion of retirement costs; consultation with employees; waiver of comparison'.

(2) The table of sections at the beginning of chapter 146 of such title is amended by striking the item relating to section 2467 and inserting the following new item:

`2467. Cost comparisons: inclusion of retirement costs; consultation with employees; waiver of comparison.'.

SEC. 333. IMPROVED EVALUATION OF LOCAL ECONOMIC EFFECT OF CHANGING DEFENSE FUNCTIONS TO PRIVATE SECTOR PERFORMANCE.

Section 2461(b)(3)(B) of title 10, United States Code, is amended by striking clause (ii) and inserting the following new clause (ii):

`(ii) The local community and the local economy, identifying and taking into consideration any unique circumstances affecting the local community or the local economy, if more than 50 employees of the Department of Defense perform the function.'.

SEC. 334. ANNUAL REPORTS ON EXPENDITURES FOR PERFORMANCE OF DEPOT-LEVEL MAINTENANCE AND REPAIR WORKLOADS BY PUBLIC AND PRIVATE SECTORS.

Subsection (e) of section 2466 of title 10, United States Code, is amended to read as follows:

`(e) ANNUAL REPORTS- (1) Not later than February 1 of each year, the Secretary of Defense shall submit to Congress a report identifying, for each of the armed forces (other than the Coast Guard) and each Defense Agency, the percentage of the funds referred to in subsection (a) that were expended during the preceding two fiscal years for performance of depot-level maintenance and repair workloads by the public and private sectors, as required by this section.

`(2) Not later than April 1 of each year, the Secretary of Defense shall submit to Congress a report identifying, for each of the armed forces (other than the Coast Guard) and each Defense Agency, the percentage of the funds referred to in subsection (a) that are projected to be expended during each of the next five fiscal years for performance of depot-level maintenance and repair workloads by the public and private sectors, as required by this section.

`(3) Not later than 60 days after the date on which the Secretary submits a report under this subsection, the Comptroller General shall submit to Congress the Comptroller General's views on whether--

`(A) in the case of a report under paragraph (1), the Department of Defense has complied with the requirements of subsection (a) for the fiscal years covered by the report; and

`(B) in the case of a report under paragraph (2), the expenditure projections for future fiscal years are reasonable.'.

SEC. 335. APPLICABILITY OF COMPETITION REQUIREMENT IN CONTRACTING OUT WORKLOADS PERFORMED BY DEPOT-LEVEL ACTIVITIES OF DEPARTMENT OF DEFENSE.

Section 2469(b) of title 10, United States Code, is amended by inserting `(including the cost of labor and materials)' after `$3,000,000'.

SEC. 336. TREATMENT OF PUBLIC SECTOR WINNING BIDDERS FOR CONTRACTS FOR PERFORMANCE OF DEPOT-LEVEL MAINTENANCE AND REPAIR WORKLOADS FORMERLY PERFORMED AT CERTAIN MILITARY INSTALLATIONS.

Section 2469a of title 10, United States Code, is amended by adding at the end the following new subsection:

`(i) OVERSIGHT OF CONTRACTS AWARDED PUBLIC ENTITIES- The Secretary of Defense or the Secretary concerned may not impose on a public sector entity awarded a contract for the performance of any depot-level maintenance and repair workload described in subsection (b) any requirements regarding management systems, reviews, oversight, or reporting different from the requirements used in the performance and management of other depot-level maintenance and repair workloads by the entity, unless specifically provided in the solicitation for the contract.'.

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

(a) COVERED ARMY COMPUTER CENTERS- This section applies with respect to the following computer centers of the of the Army Communications Electronics Command of the Army Material Command:

(1) Logistics Systems Support Center in St. Louis, Missouri.

(2) Industrial Logistics System Center in Chambersburg, Pennsylvania.

(b) DEVELOPMENT OF MOST EFFICIENT ORGANIZATION- Before selecting any entity to develop and implement a new computer system for the Army Material Command to perform the functions currently performed by the Army computer centers specified in subsection (a), the Secretary of the Army shall provide the computer centers with an opportunity to establish their most efficient organization. The most efficient organization shall be in place not later than May 31, 2001.

(c) MODERNIZATION PROCESS- After the most efficient organization is in place at the Army computer centers specified in subsection (a), civilian employees of the Department of Defense at these centers shall work in partnership with the entity selected to develop and implement a new computer system to perform the functions currently performed by these centers to--

(1) ensure that the current computer system remains operational to meet the needs of the Army Material Command until the replacement computer system is fully operational and successfully evaluated; and

(2) to provide transition assistance to the entity for the duration of the transition from the current computer system to the replacement computer system.

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

(a) REPORT REQUIRED- Not later than February 1, 2000, the Secretary of the Air Force shall submit to Congress a report identifying all Air Force programs that--

(1) are currently managed under the Total System Performance Responsibility Program or similar programs; or

(2) are presently planned to be managed using the Total System Performance Responsibility Program or a similar program.

(b) EVALUATION- As part of the report required by subsection (a), the Secretary of the Air Force shall include an evaluation of the following:

(1) The manner in which the Total System Performance Responsibility Program and similar programs support the readiness and warfighting capability of the Armed Forces and complement the support of the logistics depots.

(2) The effect of the Total System Performance Responsibility Program and similar programs on the long-term viability of core Government logistics management skills.

(3) The process and criteria used by the Air Force to determine whether or not Government employees can perform sustainment management functions more cost effectively than the private sector.

(c) COMPTROLLER GENERAL REVIEW- Not later than 30 days after the date on which the report required by subsection (a) is submitted to Congress, the Comptroller General shall review the report and submit to Congress a briefing evaluating the report.

SEC. 339. IDENTIFICATION OF CORE LOGISTICS CAPABILITY REQUIREMENTS FOR MAINTENANCE AND REPAIR OF C-17 AIRCRAFT.

(a) IDENTIFICATION REPORT REQUIRED- Building upon the plan required by section 351 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261), the Secretary of the Air Force shall submit to Congress a report identifying the core logistics capability requirements for depot-level maintenance and repair for the C-17 aircraft. To identify such requirements, the Secretary shall comply with section 2464 of title 10, United States Code. The Secretary shall submit the report to Congress not later than February 1, 2000.

(b) EFFECT ON EXISTING CONTRACT- After February 1, 2000, the Secretary of the Air Force may not extend the Interim Contract for the C-17 Flexible Sustainment Program before the end of the 60-day period beginning on the date on which the report required by subsection (a) is received by Congress.

(c) COMPTROLLER GENERAL REVIEW- During the period specified in subsection (b), the Comptroller General shall review the report submitted under subsection (a) and submit to Congress a report evaluating the following:

(1) The merits of the report submitted under subsection (a).

(2) The extent to which the Air Force is relying on systems for core logistics capability where the workload of Government-owned and Government-operated depots is phasing down because the systems are phasing out of the inventory.

(3) The cost effectiveness of the C-17 Flexible Sustainment Program--

(A) by identifying depot maintenance and materiel costs for contractor support; and

(B) by comparing those costs to the costs originally estimated by the Air Force and to the cost of similar work in an Air Force Logistics Center.

Subtitle E--Defense Dependents Education

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

(a) MODIFIED DEPARTMENT OF DEFENSE PROGRAM FOR FISCAL YEAR 2000- Of the amount authorized to be appropriated by section 301(5) for operation and maintenance for Defense-wide activities, $35,000,000 shall be available only for the purpose of providing educational agencies assistance (as defined in subsection (d)(1)) to local educational agencies.

(b) NOTIFICATION- Not later than June 30, 2000, the Secretary of Defense shall notify each local educational agency that is eligible for educational agencies assistance for fiscal year 2000 of--

(1) that agency's eligibility for educational agencies assistance; and

(2) the amount of the educational agencies assistance for which that agency is eligible.

(c) DISBURSEMENT OF FUNDS- The Secretary of Defense shall disburse funds made available under subsection (a) not later than 30 days after the date on which notification to the eligible local educational agencies is provided pursuant to subsection (b).

(d) DEFINITIONS- In this section:

(1) The term `educational agencies assistance' means assistance authorized under section 386(b) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 20 U.S.C. 7703 note).

(2) The term `local educational agency' has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

(e) DETERMINATION OF ELIGIBLE LOCAL EDUCATIONAL AGENCIES- Section 386(c)(1) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 20 U.S.C. 7703 note) is amended by striking `in that fiscal year are' and inserting `during the preceding school year were'.

SEC. 342. CONTINUATION OF ENROLLMENT AT DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS.

Section 2164 of title 10, United States Code, is amended--

(1) in subsection (c), by striking paragraph (3); and

(2) by adding at the end the following new subsection:

`(h) CONTINUATION OF ENROLLMENT DESPITE CHANGE IN STATUS- (1) A dependent of a member of the armed forces or a dependent of a Federal employee may continue enrollment in an educational program provided by the Secretary of Defense pursuant to subsection (a) for the remainder of a school year notwithstanding a change during such school year in the status of the member or Federal employee that, except for this paragraph, would otherwise terminate the eligibility of the dependent to be enrolled in the program.

`(2) A dependent of a member of the armed forces, or a dependent of a Federal employee, who was enrolled in an educational program provided by the Secretary pursuant to subsection (a) while a junior in that program may be enrolled as a senior in that program in the next school year, notwithstanding a change in the enrollment eligibility status of the dependent that, except for this paragraph, would otherwise terminate the eligibility of the dependent to be enrolled in the program.

`(3) Paragraphs (1) and (2) do not limit the authority of the Secretary to remove a dependent from enrollment in an educational program provided by the Secretary pursuant to subsection (a) at any time for good cause determined by the Secretary.'.

SEC. 343. TECHNICAL AMENDMENTS TO DEFENSE DEPENDENTS' EDUCATION ACT OF 1978.

The Defense Dependents' Education Act of 1978 (title XIV of Public Law 95-561) is amended as follows:

(1) Section 1402(b)(1) (20 U.S.C. 921(b)(1)) is amended by striking `recieve' and inserting `receive'.

(2) Section 1403 (20 U.S.C. 922) is amended--

(A) by striking the matter in that section preceding subsection (b) and inserting the following:

`ADMINISTRATION OF DEFENSE DEPENDENTS' EDUCATION SYSTEM

`SEC. 1403. (a) The defense dependents' education system is operated through the field activity of the Department of Defense known as the Department of Defense Education Activity. That activity is headed by a Director, who is a civilian and is selected by the Secretary of Defense. The Director reports to an Assistant Secretary of Defense designated by the Secretary of Defense for purposes of this title.';

(B) in subsection (b), by striking `this Act' and inserting `this title';

(C) in subsection (c)(1), by inserting `(20 U.S.C. 901 et seq.)' after `Personnel Practices Act';

(D) in subsection (c)(2), by striking the period at the end and inserting a comma;

(E) in subsection (c)(6), by striking `Assistant Secretary of Defense for Manpower, Reserve Affairs, and Logistics' and inserting `the Assistant Secretary of Defense designated under subsection (a)';

(F) in subsection (d)(1), by striking `for the Office of Dependents' Education';

(G) in subsection (d)(2)--

(i) by striking the first sentence;

(ii) by striking `Whenever the Office of Dependents' Education' and inserting `Whenever the Department of Defense Education Activity';

(iii) by striking `after the submission of the report required under the preceding sentence' and inserting `in a manner that affects the defense dependents' education system'; and

(iv) by striking `an additional report' and inserting `a report'; and

(H) in subsection (d)(3), by striking `the Office of Dependents' Education' and inserting `the Department of Defense Education Activity'.

(3) Section 1409 (20 U.S.C. 927) is amended--

(A) in subsection (b), by striking `Department of Health, Education, and Welfare in accordance with section 431 of the General Education Provisions Act' and inserting `Secretary of Education in accordance with section 437 of the General Education Provisions Act (20 U.S.C. 1232)';

(B) in subsection (c)(1), by striking `by academic year 1993-1994'; and

(C) in subsection (c)(3)--

(i) by striking `IMPLEMENTATION TIMELINES- In carrying out' and all that follows through `a comprehensive' and inserting `IMPLEMENTATION- In carrying out paragraph (2), the Secretary shall have in effect a comprehensive';

(ii) by striking the semicolon after `such individuals' and inserting a period; and

(iii) by striking subparagraphs (B) and (C).

(4) Section 1411(d) (20 U.S.C. 929(d)) is amended by striking `grade GS-18 in section 5332 of title 5, United States Code' and inserting `level IV of the Executive Schedule under section 5315 of title 5, United States Code'.

(5) Section 1412 (20 U.S.C. 930) is amended--

(A) in subsection (a)(1)--

(i) by striking `As soon as' and all that follows through `shall provide for' and inserting `The Director may from time to time, but not more frequently than once a year, provide for'; and

(ii) by striking `system, which' and inserting `system. Any such study';

(B) in subsection (a)(2)--

(i) by striking `The study required by this subsection' and inserting `Any study under paragraph (1)'; and

(ii) by striking `not later than two years after the effective date of this title';

(C) in subsection (b), by striking `the study' and inserting `any study';

(D) in subsection (c)--

(i) by striking `not later than one year after the effective date of this title the report' and inserting `any report'; and

(ii) by striking `the study' and inserting `a study'; and

(E) by striking subsection (d).

(6) Section 1413 (20 U.S.C. 931) is amended by striking `Not later than 180 days after the effective date of this title, the' and inserting `The'.

(7) Section 1414 (20 U.S.C. 932) is amended by adding at the end the following new paragraph:

`(6) The term `Director' means the Director of the Department of Defense Education Activity.'.

Subtitle F--Military Readiness Issues

SEC. 351. INDEPENDENT STUDY OF DEPARTMENT OF DEFENSE SECONDARY INVENTORY AND PARTS SHORTAGES.

(a) INDEPENDENT STUDY REQUIRED- In accordance with this section, the Secretary of Defense shall provide for an independent study of--

(1) current levels of Department of Defense inventories of spare parts and other supplies, known as secondary inventory items, including wholesale and retail inventories; and

(2) reports and evidence of Department of Defense inventory shortages adversely affecting readiness.

(b) PERFORMANCE BY INDEPENDENT ENTITY- To conduct the study under this section, the Secretary of Defense shall select a private sector entity or other entity outside the Department of Defense that has experience in parts and secondary inventory management.

(c) MATTERS TO BE INCLUDED IN STUDY- The Secretary of Defense shall require the entity conducting the study under this section to specifically evaluate the following:

(1) How much of the secondary inventory retained by the Department of Defense for economic, contingency, and potential reutilization during the five-year period ending December 31, 1998, was actually used during each year of the period.

(2) How much of the retained secondary inventory currently held by the Department could be declared to be excess.

(3) Alternative methods for the disposal or other disposition of excess inventory and the cost to the Department to dispose of excess inventory under each alternative.

(4) The total cost per year of storing secondary inventory, to be determined using traditional private sector cost calculation models.

(d) TIMETABLE FOR ELIMINATION OF EXCESS INVENTORY- As part of the consideration of alternative methods to dispose of excess secondary inventory, as required by subsection (c)(3), the entity conducting the study under this section shall prepare a timetable for disposal of the excess inventory over a period of time not to exceed three years.

(e) REPORT ON RESULTS OF STUDY- The Secretary of Defense shall require the entity conducting the study under this section to submit to the Secretary and to the Comptroller General a report containing the results of the study, including the entity's findings and conclusions concerning each of the matters specified in subsection (c), and the disposal timetable required by subsection (d). The entity shall submit the report at such time as to permit the Secretary to comply with subsection (f).

(f) REVIEW AND COMMENTS OF THE SECRETARY OF DEFENSE- Not later than September 1, 2000, the Secretary of Defense shall submit to Congress a report containing the following:

(1) The report submitted under subsection (d), together with the Secretary's comments and recommendations regarding the report.

(2) A plan to address the issues of excess and excessive inactive inventory and part shortages and a timetable to implement the plan throughout the Department.

(g) GAO EVALUATION- Not later than 180 days after the Secretary of Defense submits to Congress the report under subsection (f), the Comptroller General shall submit to Congress an evaluation of the report submitted by the independent entity under subsection (e) and the report submitted by the Secretary under subsection (f).

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

(a) INDEPENDENT STUDY REQUIRED- In accordance with this section, the Secretary of Defense shall provide for an independent study of restructured sustainment and reengineered logistics product support practices within the Department of Defense, which are designed to provide spare parts and other supplies to military units and installations as needed during a transition to war fighting rather than relying on large stockpiles of such spare parts and supplies. The purpose of the study is to determine whether restructured sustainment and reengineered logistics product support practices would be able to provide adequate sustainment supplies to military units and installations should it ever be necessary to execute the National Military Strategy prescribed by the Chairman of the Joint Chiefs of Staff.

(b) PERFORMANCE BY INDEPENDENT ENTITY- The Secretary of Defense shall select an experienced private sector entity or other entity outside the Department of Defense to conduct the study under this section.

(c) MATTERS TO BE INCLUDED IN STUDY- The Secretary of Defense shall require the entity conducting the study under this section to specifically evaluate (and recommend improvements in) the following:

(1) The assumptions that are used to determine required levels of war reserve and prepositioned stocks.

(2) The adequacy of supplies projected to be available to support the fighting of two, nearly simultaneous, major theater wars, as required by the National Military Strategy.

(3) The expected availability through the national technology and industrial base of spare parts and supplies not readily available in the Department inventories, such as parts for aging equipment that no longer have active vendor support.

(d) REPORT ON RESULTS OF STUDY- The Secretary of Defense shall require the entity conducting the study under this section to submit to the Secretary and to the Comptroller General a report containing the results of the study, including the entity's findings, conclusions, and recommendations concerning each of the matters specified in subsection (c). The entity shall submit the report at such time as to permit the Secretary to comply with subsection (e).

(e) REVIEW AND COMMENTS OF THE SECRETARY OF DEFENSE- Not later than March 1, 2000, the Secretary of Defense shall submit to Congress a report containing the report submitted under subsection (d), together with the Secretary's comments and recommendations regarding the report.

(f) GAO EVALUATION- Not later than 180 days after the Secretary of Defense submits to Congress the report under subsection (e), the Comptroller General shall submit to Congress an evaluation of the report submitted by the independent entity under subsection (d) and the report submitted by the Secretary under subsection (e).

SEC. 353. INDEPENDENT STUDY OF MILITARY READINESS REPORTING SYSTEM.

(a) INDEPENDENT STUDY REQUIRED- (1) The Secretary of Defense shall provide for an independent study of requirements for a comprehensive readiness reporting system for the Department of Defense as provided in section 117 of title 10, United States Code (as added by section 373 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1990).

(2) The Secretary shall provide for the study to be conducted by the Rand Corporation. The amount of a contract for the study may not exceed $1,000,000.

(3) The Secretary shall require that all components of the Department of Defense cooperate fully with the organization carrying out the study.

(b) MATTERS TO BE INCLUDED IN STUDY- The Secretary shall require that the organization conducting the study under this section specifically consider the requirements for providing an objective, accurate, and timely readiness reporting system for the Department of Defense meeting the characteristics and having the capabilities established in section 373 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999.

(c) REPORT- (1) The Secretary of Defense shall require the organization conducting the study under this section to submit to the Secretary a report on the study not later than March 1, 2000. The organization shall include in the report its findings and conclusions concerning each of the matters specified in subsection (b).

(2) The Secretary shall submit the report under paragraph (1), together with the Secretary's comments on the report, to Congress not later than April 1, 2000.

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

(a) REVIEW REQUIRED- The Secretary of Defense shall conduct a review of the impact that the consistent lack of adequate funding for real property maintenance of military installations during the five-year period ending December 31, 1998, has had on readiness, the quality of life of members of the Armed Forces and their dependents, and the infrastructure on military installations.

(b) MATTERS TO BE INCLUDED IN REVIEW- In conducting the review under this section, the Secretary of Defense shall specifically consider the following for the Army, Navy, Marine Corps, and Air Force:

(1) For each year of the covered five-year period, the extent to which unit training and operating funds were diverted to meet basic base operations and real property maintenance needs.

(2) The types of training delayed, canceled, or curtailed as a result of the diversion of such funds.

(3) The level of funding required to eliminate the real property maintenance backlog at military installations so that facilities meet the standards necessary for optimum utilization during times of mobilization.

(c) PARTICIPATION OF INDEPENDENT ENTITY- (1) As part of the review conducted under this section, Secretary of Defense shall select an independent entity--

(A) to review the method of command and management of military installations for the Army, Navy, Marine Corps, and Air Force;

(B) to develop, based on such review, a service-specific plan for the optimum command structure for military installations, to have major command status, which is designed to enhance the development of installations doctrine, privatization and outsourcing, commercial activities, environmental compliance programs, installation restoration, and military construction; and

(C) to recommend a timetable for the implementation of the plan for each service.

(2) The Secretary of Defense shall select an experienced private sector entity or other entity outside the Department of Defense to carry out this subsection.

(d) REPORT REQUIRED- Not later than March 1, 2000, the Secretary of Defense shall submit to Congress a report containing the results of the review required under this section and the plan for an optimum command structure required by subsection (c), together with the Secretary's comments and recommendations regarding the plan.

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

(a) ESTABLISHMENT OF STANDARDS- The Secretary of Defense, in consultation with senior military commanders and the Secretaries of the military departments, shall establish standards for deployable units of the Armed Forces regarding--

(1) the level of spare parts that the units must have on hand; and

(2) similar logistics and sustainment needs of the units.

(b) BASIS FOR STANDARDS- The standards to be established under subsection (a) shall be based upon the following:

(1) The unit's wartime mission, as reflected in the war-fighting plans of the relevant combatant commanders.

(2) An assessment of the likely requirement for sustained operations under each such war-fighting plan.

(3) An assessment of the likely requirement for that unit to conduct sustained operations in an austere environment, while drawing exclusively on its own internal logistics capabilities.

(c) SUFFICIENCY CAPABILITIES- The standards to be established under subsection (a) shall reflect those spare parts and similar logistics capabilities that the Secretary of Defense considers sufficient for units of the Armed Forces to successfully execute their missions under the conditions described in subsection (b).

(d) RELATION TO READINESS REPORTING SYSTEM- The standards established under subsection (a) shall be taken into account in designing the comprehensive readiness reporting system for the Department of Defense required by section 117 of title 10, United States Code, and shall be an element in determining a unit's readiness status.

(e) RELATION TO ANNUAL FUNDING NEEDS- The Secretary of Defense shall consider the standards established under subsection (a) in establishing the annual funding requirements for the Department of Defense.

(f) REPORTING REQUIREMENT- The Secretary of Defense shall include in the annual report required by section 113(c) of title 10, United States Code, an analysis of the then current spare parts, logistics, and sustainment standards of the Armed Forces, as described in subsection (a), including any shortfalls and the cost of addressing these shortfalls.

Subtitle G--Other Matters

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

Section 1588 of title 10, United States Code, is amended by adding at the end the following new subsection:

`(f) AUTHORITY TO INSTALL EQUIPMENT- (1) The Secretary concerned may install telephone lines and any necessary telecommunication equipment in the private residences of designated persons providing voluntary services accepted under subsection (a)(3) and pay the charges incurred for the use of the equipment for authorized purposes.

`(2) Notwithstanding section 1348 of title 31, the Secretary concerned may use appropriated or nonappropriated funds of the military department under the jurisdiction of the Secretary or, with respect to the Coast Guard, the department in which the Coast Guard is operating, to carry out this subsection.

`(3) The Secretary of Defense and, with respect to the Coast Guard, the Secretary of the department in which the Coast Guard is operating, shall prescribe regulations to carry out this subsection.'.

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

Section 2208(j) of title 10, United States Code, is amended--

(1) in the matter preceding paragraph (1), by striking `or remanufacturing' and inserting `, remanufacturing, and engineering';

(2) in paragraph (1), by inserting `or a subcontract under a Department of Defense contract' before the semicolon; and

(3) in paragraph (2), by striking `Department of Defense solicitation for such contract' and inserting `solicitation for the contract or subcontract'.

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

Section 2553(g) of title 10, United States Code, is amended--

(1) by redesignating paragraph (2) as paragraph (3); and

(2) by inserting after paragraph (1) the following new paragraph:

`(2) The term `not available', with respect to an article or service proposed to be sold under this section, means that the article or service is unavailable from a commercial source in the required quantity and quality, within the time required, or at prices less than the price available through an industrial facility of the armed forces.'.

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

Section 3342 of title 31, United States Code, is amended by adding at the end the following new subsection:

`(f) With respect to automated teller machines on naval vessels of the Navy, the authority of a disbursing official of the United States Government under subsection (a) also includes the following:

`(1) The authority to provide operating funds to the automated teller machines.

`(2) The authority to accept, for safekeeping, deposits and transfers of funds made through the automated teller machines.'.

SEC. 365. PRESERVATION OF HISTORIC BUILDINGS AND GROUNDS AT UNITED STATES SOLDIERS' AND AIRMEN'S HOME, DISTRICT OF COLUMBIA.

The Armed Forces Retirement Home Act of 1991 (title XV of Public Law 101-510; 24 U.S.C. 401 et seq.) is amended by adding at the end of subtitle A the following new section:

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

`(a) HISTORIC NATURE OF FACILITY- Congress finds the following:

`(1) Four buildings located on six acres of the establishment of the Retirement Home known as the United States Soldiers' and Airmen's Home are included on the National Register of Historic Places maintained by the Secretary of the Interior.

`(2) Amounts in the Armed Forces Retirement Home Trust Fund, which consists primarily of deductions from the pay of members of the Armed Forces, are insufficient to both maintain and operate the Retirement Home for the benefit of the residents of the Retirement Home and adequately maintain, repair, and preserve these historic buildings and grounds.

`(3) Other sources of funding are available to contribute to the maintenance, repair, and preservation of these historic buildings and grounds.

`(b) AUTHORITY TO ACCEPT ASSISTANCE- The Chairman of the Retirement Home Board and the Director of the United States Soldiers' and Airmen's Home may apply for and accept a direct grant from the Secretary of the Interior under section 101(e)(3) of the National Historic Preservation Act (16 U.S.C. 470a(e)(3)) for the purpose of maintaining, repairing, and preserving the historic buildings and grounds of the United States Soldiers' and Airmen's Home included on the National Register of Historic Places.

`(c) REQUIREMENTS AND LIMITATIONS- Amounts received as a grant under subsection (b) shall be deposited in the Fund, but shall be kept separate from other amounts in the Fund. The amounts received may only be used for the purpose specified in subsection (b).'.

SEC. 366. CLARIFICATION OF LAND CONVEYANCE AUTHORITY, UNITED STATES SOLDIERS' AND AIRMEN'S HOME.

(a) MANNER OF CONVEYANCE- Subsection (a)(1) of section 1053 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2650) is amended by striking `convey by sale' and inserting `convey, by sale or lease,'.

(b) TIME FOR CONVEYANCE- Subsection (a)(2) of such section is amended to read as follows:

`(2) The Armed Forces Retirement Home Board shall sell or lease the property described in subsection (a) within 12 months after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2000.'.

(c) MANNER, TERMS, AND CONDITIONS OF CONVEYANCE- Subsection (b) of such section is amended--

(1) by striking paragraph (1) and inserting the following new paragraph: `(1) The Armed Forces Retirement Home Board shall determine the manner, terms, and conditions for the sale or lease of the real property under subsection (a), except as follows:

`(A) Any lease of the real property under subsection (a) shall include an option to purchase.

`(B) The conveyance may not involve any form of public/private partnership, but shall be limited to fee-simple sale or long-term lease.

`(C) Before conveying the property by sale or lease to any other person or entity, the Board shall provide the Catholic University of America with the opportunity to match or exceed the highest bona fide offer otherwise received for the purchase or lease of the property, as the case may be, and to acquire the property.'; and

(2) in paragraph (2), by adding at the end the following new sentence: `In no event shall the sale or lease of the property be for less than the appraised value of the property in its existing condition and on the basis of its highest and best use.'.

SEC. 367. TREATMENT OF ALASKA, HAWAII, AND GUAM IN DEFENSE HOUSEHOLD GOODS MOVING PROGRAMS.

(a) LIMITATION ON INCLUSION IN TEST PROGRAMS- Alaska, Hawaii, and Guam shall not be included as a point of origin in any test or demonstration program of the Department of Defense regarding the moving of household goods of members of the Armed Forces.

(b) SEPARATE REGIONS; DESTINATIONS- In any Department of Defense household goods moving program that is not subject to the prohibition in subsection (a)--

(1) Alaska, Hawaii, and Guam shall each constitute a separate region; and

(2) Hawaii and Guam shall be considered international destinations.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

The Armed Forces are authorized strengths for active duty personel as of September 30, 2000, as follows:

(1) The Army, 480,000.

(2) The Navy, 372,037.

(3) The Marine Corps, 172,518.

(4) The Air Force, 360,877.

SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM LEVELS.

(a) REVISED END STRENGTH FLOORS- Section 691(b) of title 10, United States Code, is amended--

(1) in paragraph (2), by striking `372,696' and inserting `371,781';

(2) in paragraph (3), by striking `172,200' and inserting `172,148'; and

(3) in paragraph (4), by striking `370,802' and inserting `360,877'.

(b) EFFECTIVE DATE- The amendments made by subsection (a) shall take effect on October 1, 1999.

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

(a) PERMANENT EXEMPTION AUTHORITY- Paragraph (5) of section 525(b) of title 10, United States Code, is amended by striking subparagraph (C).

(b) PERMANENT REQUIREMENT FOR MILITARY DEPARTMENT SUBMISSIONS FOR CERTAIN JOINT 4-STAR DUTY ASSIGNMENTS- Section 604 of such title is amended by striking subsection (c).

(c) CLARIFICATION OF CERTAIN LIMITATIONS ON NUMBER OF ACTIVE-DUTY GENERALS AND ADMIRALS- Paragraph (5) of section 525(b) of such title is further amended by adding at the end of subparagraph (A) the following new sentence: `Any increase by reason of the preceding sentence in the number of officers of an armed force serving on active duty in grades above major general or rear admiral may only be realized by an increase in the number of lieutenant generals or vice admirals, as the case may, serving on active duty, and any such increase may not be construed as authorizing an increase in the limitation on the total number of general or flag officers for that armed force under section 526(a) of this title or in the number of general and flag officers that may be designated under section 526(b) of this title.'.

Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(a) IN GENERAL- The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2000, as follows:

(1) The Army National Guard of the United States, 350,000.

(2) The Army Reserve, 205,000.

(3) The Naval Reserve, 90,288.

(4) The Marine Corps Reserve, 39,624.

(5) The Air National Guard of the United States, 106,678.

(6) The Air Force Reserve, 73,708.

(7) The Coast Guard Reserve, 8,000.

(b) ADJUSTMENTS- The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by--

(1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

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

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2000, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

(1) The Army National Guard of the United States, 22,563.

(2) The Army Reserve, 12,804.

(3) The Naval Reserve, 15,010.

(4) The Marine Corps Reserve, 2,272.

(5) The Air National Guard of the United States, 11,025.

(6) The Air Force Reserve, 1,078.

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).

The minimum number of military technicians (dual status) as of the last day of fiscal year 2000 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

(1) For the Army Reserve, 6,474.

(2) For the Army National Guard of the United States, 23,125.

(3) For the Air Force Reserve, 9,785.

(4) For the Air National Guard of the United States, 22,247.

SEC. 414. INCREASE IN NUMBER OF ARMY AND AIR FORCE MEMBERS IN CERTAIN GRADES AUTHORIZED TO SERVE ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.

(a) OFFICERS- The table in section 12011(a) of title 10, United States Code, is amended to read as follows:

----------------------------------------------------------------------------

                                          Army  Navy Air Force Marine Corps 

----------------------------------------------------------------------------

Major or Lieutenant Commander   3,219 1,071       843          140 

Lieutenant Colonel or Commander 1,595   520       746           90 

Colonel or Navy Captain           471   188       297         30'. 

----------------------------------------------------------------------------

(b) SENIOR ENLISTED MEMBERS- The table in section 12012(a) of such title is amended to read as follows:

-----------------------------------------------

              Army Navy Air Force Marine Corps 

-----------------------------------------------

E-9   645  202       403           20 

E-8 2,585  429     1,029         94'. 

-----------------------------------------------

(c) EFFECTIVE DATE- The amendments made by this section shall take effect on October 1, 1999.

SEC. 415. SELECTED RESERVE END STRENGTH FLEXIBILITY.

Section 115(c) of title 10, United States Code, is amended--

(1) by striking `and' at the end of paragraph (1);

(2) by striking the period at the end of paragraph (2) and inserting `; and'; and

(3) by adding at the end the following new paragraph:

`(3) vary the end strength authorized pursuant to subsection (a)(2) for a fiscal year for the Selected Reserve of any of the reserve components by a number equal to not more than 2 percent of that end strength.'.

Subtitle C--Authorization of Appropriations

SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.

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

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

SEC. 501. RECOMMENDATIONS FOR PROMOTION BY SELECTION BOARDS.

Section 575(b)(2) of title 10, United States Code, is amended by adding at the end the following new sentence: `If the number determined under this subsection within a grade (or grade and competitive category) is less than one, the board may recommend one such officer from within that grade (or grade and competitive category).'.

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

(a) JOINT DUTY ASSIGNMENTS FOR GENERAL AND FLAG OFFICERS- Subsection (g) of section 619a of title 10, United States Code, is amended to read as follows:

`(g) LIMITATION FOR GENERAL AND FLAG OFFICERS PREVIOUSLY RECEIVING JOINT DUTY ASSIGNMENT WAIVER- A general officer or flag officer who before January 1, 1999, received a waiver of subsection (a) under the authority of this subsection (as in effect before that date) may not be appointed to the grade of lieutenant general of vice admiral until the officer completes a full tour of duty in a joint duty assignment.'.

(b) NUCLEAR PROPULSION OFFICERS- Subsection (h) of that section is amended--

(1) by striking `(1) Until January 1, 1997, an' inserting `An';

(2) by striking `may be' and inserting `who before January 1, 1997, is';

(3) by striking `. An officer so appointed'; and

(4) by striking paragraph (2).

Subtitle B--Matters Relating to Reserve Components

SEC. 511. CONTINUATION ON RESERVE ACTIVE STATUS LIST TO COMPLETE DISCIPLINARY ACTION.

(a) IN GENERAL- Chapter 1407 of title 10, United States Code, is amended by adding at the end the following new section:

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

`When an action is commenced against a Reserve officer with a view to trying the officer by court-martial, as authorized by section 802(d) of this title, the Secretary concerned may delay the separation or retirement of the officer under this chapter until the completion of the disciplinary action under chapter 47 of this title.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter 1407 is amended by adding at the end the following new item:

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

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

Section 12301 of title 10, United States Code, is amended by adding at the end the following new subsection:

`(h)(1) When authorized by the Secretary of Defense, the Secretary of the military department concerned may order a member of a reserve component to active duty, with the consent of that member, to receive authorized medical care, to be medically evaluated for disability or other purposes, or to complete a required Department of Defense health care study, which may include an associated medical evaluation of the member.

`(2) A member ordered to active duty under this subsection may be retained with the member's consent, when the Secretary concerned considers it appropriate, for medical treatment for a condition associated with the study or evaluation, if that treatment of the member otherwise is authorized by law.

`(3) A member of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to active duty under this subsection without the consent of the Governor or other appropriate authority of the State concerned.'.

SEC. 513. ELIGIBILITY FOR CONSIDERATION FOR PROMOTION.

(a) AMENDMENT- Section 14301 of title 10, United States Code, is amended by adding at the end the following new subsection:

`(h) OFFICERS ON EDUCATIONAL DELAY- A Reserve officer who is in an educational delay status for the purpose of attending an approved institution of higher education for advanced training, subsidized by the military department concerned in the form of a scholarship or stipend, is ineligible for consideration for promotion while in that status. The officer shall remain on the Reserve active status list while in such an educational delay status.'.

(b) RETROACTIVE EFFECT- The Secretary concerned, upon application, shall expunge from the record of any officer a nonselection for promotion if the nonselection occurred during a period the officer was serving in an educational delay status that occurred during the period beginning on October 1, 1996, and ending on the date of the enactment of this Act.

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

Section 14506 of title 10, United States Code, is amended by striking `section 14513' and all that follows and inserting `section 14513 of this title on the later of--

`(1) the first day of the month after the month in which the officer completes 20 years of commissioned service; or

`(2) the first day of the seventh month after the month in which the President approves the report of the board which considered the officer for the second time.'.

SEC. 515. COMPUTATION OF YEARS OF SERVICE EXCLUSION.

The text of section 14706 of title 10, United States Code, is amended to read as follows:

`(a) For the purpose of this chapter and chapter 1407 of this title, a Reserve officer's years of service include all service of the officer as a commissioned officer of a uniformed service other than--

`(1) service as a warrant officer;

`(2) constructive service; and

`(3) service after appointment as a commissioned officer of a reserve component while in a program of advanced education to obtain the first professional degree required for appointment, designation, or assignment as an officer in the Medical Corps, the Dental Corps, the Veterinary Corps, the Medical Service Corps, the Nurse Corps, the Army Medical Specialists Corps, or as an officer designated as a chaplain or judge advocate, provided such service occurs before the officer commences initial service on active duty or initial service in the Ready Reserve in the specialty that results from such a degree.

`(b) The exclusion under subsection (a)(3) does not apply to service performed by an officer who previously served on active duty or participated as a member of the Ready Reserve in other than a student status for the period of service preceding the member's service in a student status.'.

SEC. 516. AUTHORITY TO RETAIN RESERVE COMPONENT CHAPLAINS UNTIL AGE 67.

Section 14703(b) of title 10, United States Code, is amended by striking `(or, in the case of a Reserve officer of the Army in the Chaplains or a Reserve officer of the Air Force designated as a chaplain, 60 years of age)'.

SEC. 517. EXPANSION AND CODIFICATION OF AUTHORITY FOR SPACE-REQUIRED TRAVEL FOR RESERVES.

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

`Sec. 12323. Space-required travel for Reserves

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

(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

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

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

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

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

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

`(a) PROGRAM AUTHORITY- The Secretary of the Navy may provide payment of not more than $5,200 per year for a period not to exceed three consecutive years of educational expenses (including tuition, fees, books, and laboratory expenses) to an eligible enlisted member of the Marine Corps Reserve for completion of--

`(1) baccalaureate degree requirements in an approved academic program that requires less than five academic years to complete; or

`(2) doctor of jurisprudence or bachelor of laws degree requirements in an approved academic program which requires not more than three years to complete.

`(b) ELIGIBLE RESERVISTS- To be eligible for receipt of educational expenses as authorized by subsection (a), an enlisted member of the Marine Corps Reserve must--

`(1) either--

`(A) be under 27 years of age on June 30 of the calendar year in which the member is eligible for appointment as a second lieutenant in the Marine Corps for such persons in a baccalaureate degree program described in subsection (a)(1), except that any such member who has served on active duty in the armed forces may exceed such age limitation on such date by a period equal to the period such member served on active duty, but only if such member will be under 30 years of age on such date; or

`(B) be under 31 years of age on June 30 of the calendar year in which the member is eligible for appointment as a second lieutenant in the Marine Corps for such persons in a doctor of jurisprudence or bachelor of laws degree program described in subsection (a)(2), except that any such member who has served on active duty in the armed forces may exceed such age limitation on such date by a period equal to the period such member served on active duty, but only if such member will be under 35 years of age on such date;

`(2) be satisfactorily enrolled at any accredited civilian educational institution authorized to grant baccalaureate, doctor of jurisprudence or bachelor of law degrees;

`(3) be selected as an officer candidate in the Marine Corps Platoon Leader's Class Program and successfully complete one increment of military training of not less than six weeks' duration; and

`(4) agree in writing--

`(A) to accept an appointment as a commissioned officer in the Marine Corps, if tendered by the President;

`(B) to serve on active duty for a minimum of five years; and

`(C) under such terms and conditions as shall be prescribed by the Secretary of the Navy, to serve in the Marine Corps Reserve until the eighth anniversary of the receipt of such appointment.

`(c) APPOINTMENT- Upon satisfactorily completing the academic and military requirements of the Marine Corps Platoon Leaders Class Program, an officer candidate may be appointed by the President as a Reserve officer in the Marine Corps in the grade of second lieutenant.

`(d) LIMITATION ON NUMBER- Not more than 1,200 officer candidates may participate in the financial assistance program authorized by this section at any one time.

`(e) REMEDIAL AUTHORITY OF SECRETARY- An officer candidate may be ordered to active duty in the Marine Corps by the Secretary of the Navy to serve in an appropriate enlisted grade for such period of time as the Secretary prescribes, but not for more than four years, when such person--

`(1) accepted financial assistance under this section; and

`(2) either--

`(A) completes the military and academic requirements of the Marine Corps Platoon Leaders Class Program and refuses to accept a commission when offered;

`(B) fails to complete the military or academic requirements of the Marine Corps Platoon Leaders Class Program; or

`(C) is disenrolled from the Marine Corps Platoon Leaders Class Program for failure to maintain eligibility for an original appointment as a commissioned officer under section 532 of this title.

`(d) PERSONS NOT QUALIFIED FOR APPOINTMENT- Except under regulations prescribed by the Secretary of the Navy, a person who is not physically qualified for appointment under section 532 of this title and subsequently is determined by the Secretary of the Navy under section 505 of this title to be unqualified for service as an enlisted member of the Marine Corps due to a physical or medical condition that was not the result of misconduct or grossly negligent conduct may request a waiver of obligated service of such financial assistance.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

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

(c) COMPUTATION OF SERVICE CREDITABLE- Section 205 of title 37, United States Code, is amended by adding at the end the following new subsection:

`(f) Notwithstanding subsection (a), a commissioned officer appointed under sections 12209 and 12216 of title 10 may not count in computing basic pay a period of service after January 1, 2000, that the officer performed concurrently as a member of the Marine Corps Platoon Leaders Class Program and the Marine Corps Reserve, except that service after that date that the officer performed before commissioning while serving as an enlisted member on active duty or as a member of the Selected Reserve may be so counted.'.

(d) TRANSITION PROVISION- An enlisted member of the Marine Corps Reserve selected for training as officer candidates under section 12209 of title 10, United States Code, before October 1, 2000 may, upon submitting an appropriate application, participate in the financial assistance program established in subsection (a) if--

(1) the member is eligible for financial assistance under the qualification requirements of subsection (a);

(2) the member submits to the Secretary of the Navy a request for such financial assistance not later than 180 days after the date of the enactment of this Act; and

(3) the member agrees in writing to accept an appointment, if offered in the Marine Corps Reserve, and to comply with the length of obligated service provisions in subsection (a)(2)(D) of section 12216 of title 10, United States Code, as added by subsection (a).

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

SEC. 519. OPTIONS TO IMPROVE RECRUITING FOR THE ARMY RESERVE.

(a) REVIEW- The Secretary of the Army shall conduct a review of the manner, process, and organization used by the Army to recruit new members for the Army Reserve. The review shall seek to determine the reasons for the continuing inability of the Army to meet recruiting objectives for the Army Reserve and to identify measures the Secretary could take to correct that inability.

(b) REORGANIZATION TO BE CONSIDERED- Among the possible corrective measures to be examined by the Secretary of the Army as part of the review shall be a transfer of the recruiting function for the Army Reserve from the Army Recruiting Command to a new, fully resourced recruiting organization under the command and control of the Chief, Army Reserve.

(c) REPORT- Not later than July 1, 2000, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Service of the House of Representatives a report setting forth the results of the review under this section. The report shall include a description of any corrective measures the Secretary intends to implement.

Subtitle C--Military Technicians

SEC. 521. REVISION TO MILITARY TECHNICIAN (DUAL STATUS) LAW.

(a) DEFINITION- Subsection (a)(1) of section 10216 of title 10, United States Code, is amended--

(1) in subparagraph (A), by striking `section 709' and inserting `section 709(b)'; and

(2) in subparagraph (C), by inserting `civilian' after `is assigned to a'.

(b) DUAL STATUS REQUIREMENT- Subsection (e) of such section is amended--

(1) in paragraph (1), by inserting `(dual status)' after `military technician' the second place it appears; and

(2) in paragraph (2)--

(A) by striking `The Secretary' and inserting `Except as otherwise provided by law, the Secretary'; and

(B) by striking `six months' and inserting `up to 12 months'.

SEC. 522. CIVIL SERVICE RETIREMENT OF TECHNICIANS.

(a) IN GENERAL- (1) Chapter 1007 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 10218. Army and Air Force Reserve Technicians: conditions for retention; mandatory retirement under civil service laws

`(a) SEPARATION AND RETIREMENT OF MILITARY TECHNICIANS (DUAL STATUS)- (1) An individual employed by the Army Reserve or the Air Force Reserve as a military technician (dual status) who after the date of the enactment of this section loses dual status is subject to paragraph (2) or (3), as the case may be.

`(2) If a technician described in paragraph (1) is eligible at the time dual status is lost for an unreduced annuity, the technician shall be separated, subject to subsection (e), not later than 30 days after the date on which dual status is lost.

`(3)(A) If a technician described in paragraph (1) is not eligible at the time dual status is lost for an unreduced annuity, the technician shall be offered the opportunity to--

`(i) reapply for, and if qualified be appointed to, a position as a military technician (dual status); or

`(ii) apply for a civil service position that is not a technician position.

`(B) If such a technician continues employment with the Army Reserve or the Air Force Reserve as a non-dual status technician, the technician--

`(i) shall not be permitted, after the end of the one-year period beginning on the date of the enactment of this subsection, to apply for any voluntary personnel action; and

`(ii) shall, subject to subsection (e), be separated or retired--

`(I) in the case of a technician first hired as a military technician (dual status) on or before February 10, 1996, not later than 30 days after becoming eligible for an unreduced annuity; and

`(II) in the case of a technician first hired as a military technician (dual status) after February 10, 1996, not later than one year after the date on which dual status is lost.

`(4) For purposes of this subsection, a military technician is considered to lose dual status upon--

`(A) being separated from the Selected Reserve; or

`(B) ceasing to hold the military grade specified by the Secretary concerned for the position held by the technician.

`(b) NON-DUAL STATUS TECHNICIANS- (1) An individual who on the date of the enactment of this section is employed by the Army Reserve or the Air Force Reserve as a non-dual status technician and who on that date is eligible for an unreduced annuity shall, subject to subsection (e), be separated not later than six months after the date of the enactment of this section.

`(2)(A) An individual who on the date of the enactment of this section is employed by the Army Reserve or the Air Force Reserve as a non-dual status technician and who on that date is not eligible for an unreduced annuity shall be offered the opportunity to--

`(i) reapply for, and if qualified be appointed to, a position as a military technician (dual status); or

`(ii) apply for a civil service position that is not a technician position.

`(B) If such a technician continues employment with the Army Reserve or the Air Force Reserve as a non-dual status technician, the technician--

`(i) shall not be permitted, after the end of the one-year period beginning on the date of the enactment of this subsection, to apply for any voluntary personnel action; and

`(ii) shall, subject to subsection (e), be separated or retired--

`(I) in the case of a technician first hired as a technician on or before February 10, 1996, and who on the date of the enactment of this section is a non-dual status technician, not later than 30 days after becoming eligible for an unreduced annuity; and

`(II) in the case of a technician first hired as a technician after February 10, 1996, and who on the date of the enactment of this section is a non-dual status technician, not later than one year after the date on which dual status is lost.

`(3) An individual employed by the Army Reserve or the Air Force Reserve as a non-dual status technician who is ineligible for appointment to a military technician (dual status) position, or who decides not to apply for appointment to such a position, or who, within six months of the date of the enactment of this section is not appointed to such a position, shall for reduction-in-force purposes be in a separate competitive category from employees who are military technicians (dual status).

`(c) UNREDUCED ANNUITY DEFINED- For purposes of this section, a technician shall be considered to be eligible for an unreduced annuity if the technician is eligible for an annuity under section 8336, 8412, or 8414 of title 5 that is not subject to a reduction by reason of the age or years of service of the technician.

`(d) VOLUNTARY PERSONNEL ACTION DEFINED- In this section, the term `voluntary personnel action', with respect to a non-dual status technician, means any of the following:

`(1) The hiring, entry, appointment, reassignment, promotion, or transfer of the technician into a position for which the Secretary concerned has established a requirement that the person occupying the position be a military technician (dual status).

`(2) Promotion to a higher grade if the technician is in a position for which the Secretary concerned has established a requirement that the person occupying the position be a military technician (dual status).

`(e) ANNUAL LIMITATION ON MANDATORY RETIREMENTS- Until October 1, 2004, the Secretary of the Army and the Secretary of the Air Force may not during any fiscal year approve a total of more than 25 mandatory retirements under this section. A technician who is subject to mandatory separation under this section in any fiscal year and who, but for this subsection, would be eligible to be retired with an unreduced annuity shall, if not sooner separated under some other provision of law, be eligible to be retained in service until mandatorily retired consistent with the limitation in this subsection.'.

(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

`10218. Army and Air Force Reserve Technicians: conditions for retention; mandatory retirement under civil service laws.'.

(3) During the six-month period beginning on the date of the enactment of this Act, the provisions of subsections (a)(3)(B)(ii)(I) and (b)(2)(B)(ii)(I) of section 10218 of title 10, United States Code, as added by paragraph (1), shall be applied by substituting `six months' for `30 days'.

(b) EARLY RETIREMENT- Section 8414(c) of title 5, United States Code, is amended to read as follows:

`(c)(1) An employee who was hired as a military reserve technician on or before February 10, 1996 (under the provisions of this title in effect before that date), and who is separated from technician service, after becoming 50 years of age and completing 25 years of service, by reason of being separated from the Selected Reserve of the employee's reserve component or ceasing to hold the military grade specified by the Secretary concerned for the position held by the employee is entitled to an annuity.

`(2) An employee who is initially hired as a military technician (dual status) after February 10, 1996, and who is separated from the Selected Reserve or ceases to hold the military grade specified by the Secretary concerned for the position held by the technician--

`(A) after completing 25 years of service as a military technician (dual status), or

`(B) after becoming 50 years of age and completing 20 years of service as a military technician (dual status),

is entitled to an annuity.'.

(c) CONFORMING AMENDMENTS- Chapter 84 of title 5, United States Code, is amended as follows:

(1) Section 8415(g)(2) is amended by striking `military reserve technician' and inserting `military technician (dual status)'.

(2) Section 8401(30) is amended to read as follows:

`(30) the term `military technician (dual status)' means an employee described in section 10216 of title 10;'.

(d) DISABILITY RETIREMENT- Section 8337(h) of title 5, United States Code, is amended--

(1) in paragraph (1)--

(A) by inserting `or section 10216 of title 10' after `title 32';

(B) by striking `such title' and all that follows through the period and inserting `title 32 or section 10216 of title 10, respectively, to be a member of the Selected Reserve.';

(2) in paragraph (2)(A)(i)--

(A) by inserting `or section 10216 of title 10' after `title 32'; and

(B) by striking `National Guard or from holding the military grade required for such employment' and inserting `Selected Reserve'; and

(3) in paragraph (3)(C), by inserting `or section 10216 of title 10' after `title 32'.

SEC. 523. REVISION TO NON-DUAL STATUS TECHNICIANS STATUTE.

(a) REVISION- Section 10217 of title 10, United States Code, is amended--

(1) in subsection (a)--

(A) by striking `military' after `non-dual status' in the matter preceding paragraph (1); and

(B) by striking paragraphs (1) and (2) and inserting the following:

`(1) was hired as a technician before November 18, 1997, under any of the authorities specified in subsection (b) and as of that date is not a member of the Selected Reserve or after such date has ceased to be a member of the Selected Reserve; or

`(2) is employed under section 709 of title 32 in a position designated under subsection (c) of that section and when hired was not required to maintain membership in the Selected Reserve.'; and

(2) by adding at the end the following new subsection:

`(c) PERMANENT LIMITATIONS ON NUMBER- (1) Effective October 1, 2007, the total number of non-dual status technicians employed by the Army Reserve and Air Force Reserve may not exceed 175. If at any time after the preceding sentence takes effect the number of non-dual status technicians employed by the Army Reserve and Air Force Reserve exceeds the number specified in the limitation in the preceding sentence, the Secretary of Defense shall require that the Secretary of the Army or the Secretary of the Air Force, or both, take immediate steps to reduce the number of such technicians in order to comply with such limitation.

`(2) Effective October 1, 2001, the total number of non-dual status technicians employed by the National Guard may not exceed 1,950. If at any time after the preceding sentence takes effect the number of non-dual status technicians employed by the National Guard exceeds the number specified in the limitation in the preceding sentence, the Secretary of Defense shall require that the Secretary of the Army or the Secretary of the Air Force, or both, take immediate steps to reduce the number of such technicians in order to comply with such limitation.'.

(c) CONFORMING AMENDMENTS- The heading of such section and the item relating to such section in the table of sections at the beginning of chapter 1007 of such title are each amended by striking the penultimate word.

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

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

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

`(a) Under regulations prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, and subject to subsections (b) and (c), persons may be employed as technicians in--

`(1) the administration and training of the National Guard; and

`(2) the maintenance and repair of supplies issued to the National Guard or the armed forces.

`(b) Except as authorized in subsection (c), a person employed under subsection (a) must meet each of the following requirements:

`(1) Be a military technician (dual status) as defined in section 10216(a) of title 10.

`(2) Be a member of the National Guard.

`(3) Hold the military grade specified by the Secretary concerned for that position.

`(4) While performing duties as a military technician (dual status), wear the uniform appropriate for the member's grade and component of the armed forces .

`(c)(1) A person may be employed under subsection (a) as a non-dual status technician (as defined by section 10217 of title 10) if the technician position occupied by the person has been designated by the Secretary concerned to be filled only by a non-dual status technician.

`(2) The total number of non-dual status technicians in the National Guard is specified in section 10217(c)(2) of title 10.

`(d) The Secretary concerned shall designate the adjutants general referred to in section 314 of this title to employ and administer the technicians authorized by this section.

`(e) A technician employed under subsection (a) is an employee of the Department of the Army or the Department of the Air Force, as the case may be, and an employee of the United States. However, a position authorized by this section is outside the competitive service if the technician employed in that position is required under subsection (b) to be a member of the National Guard.

`(f) Notwithstanding any other provision of law and under regulations prescribed by the Secretary concerned--

`(1) a person employed under subsection (a) who is a military technician (dual status) and otherwise subject to the requirements of subsection (b) who--

`(A) is separated from the National Guard or ceases to hold the military grade specified by the Secretary concerned for that position shall be promptly separated from military technician (dual status) employment by the adjutant general of the jurisdiction concerned; and

`(B) fails to meet the military security standards established by the Secretary concerned for a member of a reserve component under his jurisdiction may be separated from employment as a military technician (dual status) and concurrently discharged from the National Guard by the adjutant general of the jurisdiction concerned;

`(2) a technician may, at any time, be separated from his technician employment for cause by the adjutant general of the jurisdiction concerned;

`(3) a reduction in force, removal, or an adverse action involving discharge from technician employment, suspension, furlough without pay, or reduction in rank or compensation shall be accomplished by the adjutant general of the jurisdiction concerned;

`(4) a right of appeal which may exist with respect to paragraph (1), (2), or (3) shall not extend beyond the adjutant general of the jurisdiction concerned; and

`(5) a technician shall be notified in writing of the termination of his employment as a technician and, unless the technician is serving under a temporary appointment, is serving in a trial or probationary period, or has voluntarily ceased to be a member of the National Guard when such membership is a condition of employment, such notification shall be given at least 30 days before the termination date of such employment.

`(g) Sections 2108, 3502, 7511, and 7512 of title 5 do not apply to a person employed under this section.

`(h) Notwithstanding sections 5544(a) and 6101(a) of title 5 or any other provision of law, the Secretary concerned may prescribe the hours of duty for technicians. Notwithstanding sections 5542 and 5543 of title 5 or any other provision of law, such technicians shall be granted an amount of compensatory time off from their scheduled tour of duty equal to the amount of any time spent by them in irregular or overtime work, and shall not be entitled to compensation for such work.

`(i) The Secretary concerned may not prescribe for purposes of eligibility for Federal recognition under section 301 of this title a qualification applicable to technicians employed under subsection (a) that is not applicable pursuant to that section to the other members of the National Guard in the same grade, branch, position, and type of unit or organization involved.'.

SEC. 525. EFFECTIVE DATE.

The amendments made by sections 523 and 524 shall take effect 180 days after the date of the receipt by Congress of the plan required by section 523(d) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1737) or a report by the Secretary of Defense providing an alternative proposal to the plan required by that section.

SEC. 526. SECRETARY OF DEFENSE REVIEW OF ARMY TECHNICIAN COSTING PROCESS.

(a) REVIEW- The Secretary of Defense shall review the process used by the Army, including use of the Civilian Manpower Obligation Resources (CMOR) model, to develop estimates of the annual authorizations and appropriations required for civilian personnel of the Department of the Army generally and for National Guard and Army Reserve technicians in particular. Based upon the review, the Secretary shall direct that any appropriate revisions to that process be implemented.

(b) PURPOSE OF REVIEW- The purpose of the review shall be to ensure that the process referred to in subsection (a) does the following:

(1) Accurately and fully incorporates all the actual cost factors for such personnel, including particularly those factors necessary to recruit, train, and sustain a qualified technician workforce.

(2) Provides estimates of required annual appropriations required to fully fund all the technicians (both dual status and non-dual status) requested in the President's budget.

(3) Eliminates inaccuracies in the process that compel both the Army Reserve and the Army National Guard either (A) to reduce the number of military technicians (dual status) below the statutory floors without corresponding force structure reductions, or (B) to transfer funds from other appropriations simply to provide the required funding for military technicians (dual status).

(c) REPORT- The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report containing the results of the review undertaken under this section, together with a description of corrective actions taken and proposed, not later than March 31, 2000.

SEC. 527. FISCAL YEAR 2000 LIMITATION ON NUMBER OF NON-DUAL STATUS TECHNICIANS.

The number of civilian employees who are non-dual status technicians of a reserve component of the Army or Air Force as of September 30, 2000, may not exceed the following:

(1) For the Army Reserve, 1,295.

(2) For the Army National Guard of the United States, 1,800.

(3) For the Air Force Reserve, 0.

(4) For the Air National Guard of the United States, 342.

Subtitle D--Service Academies

SEC. 531. WAIVER OF REIMBURSEMENT OF EXPENSES FOR INSTRUCTION AT SERVICE ACADEMIES OF PERSONS FROM FOREIGN COUNTRIES.

(a) UNITED STATES MILITARY ACADEMY- Section 4344(b)(3) of title 10, United States Code, is amended--

(1) by striking `35 percent' and inserting `50 percent'; and

(2) by striking `five persons' and inserting `20 persons'.

(b) NAVAL ACADEMY- Section 6957(b)(3) of such title is amended--

(1) by striking `35 percent' and inserting `50 percent'; and

(2) by striking `five persons' and inserting `20 persons'.

(c) AIR FORCE ACADEMY- Section 9344(b)(3) of such title is amended--

(1) by striking `35 percent' and inserting `50 percent'; and

(2) by striking `five persons' and inserting `20 persons'.

(d) EFFECTIVE DATE- The amendments made by this section apply with respect to students from a foreign country entering the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy on or after May 1, 1999.

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

(a) COMPLIANCE REQUIRED- (1) The Secretary of the Army shall take such action as necessary to ensure that the United States Military Academy is in compliance with the USMA cadet strength limit not later than the day before the last day of the 2001-2002 academic year.

(2) The Secretary of the Army may provide for a variance to the USMA cadet strength limit--

(A) as of the day before the last day of the 1999-2000 academic year of not more than 5 percent; and

(B) as of the day before the last day of the 2000-2001 academic year of not more than 2 1/2 percent.

(3) For purposes of this subsection--

(A) the USMA cadet strength limit is the maximum of 4,000 cadets established for the Corps of Cadets at the United States Military Academy by section 511 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 10 U.S.C. 4342 note), reenacted in section 4342(a) of title 10, United States Code, by the amendment made by subsection (b)(1); and

(B) the last day of the 2001-2002 academic year is the day on which the class of 2002 graduates.

(b) REENACTMENT OF LIMITATION-

(1) ARMY- Section 4342 of title 10, United States Code, is amended--

(A) in subsection (a), by striking `is as follows:' in the matter preceding paragraph (1) and inserting `(determined for any year as of the day before the last day of the academic year) is 4,000. Subject to that limitation, cadets are selected as follows:'; and

(B) by adding at the end the following new subsection:

`(i) For purposes of the limitation under subsection (a), the last day of an academic year is graduation day.'.

(2) NAVY- Section 6954 of such title is amended--

(A) by striking the matter preceding paragraph (1) and inserting the following:

`(a) The authorized strength of the Brigade of Midshipmen (determined for any year as of the day before the last day of the academic year) is 4,000. Subject to that limitation, midshipmen are selected as follows:'; and

(B) by adding at the end the following new subsection:

`(g) For purposes of the limitation under subsection (a), the last day of an academic year is graduation day.'.

(3) AIR FORCE- Section 9342 of such title is amended--

(A) in subsection (a), by striking `is as follows:' in the matter preceding paragraph (1) and inserting `(determined for any year as of the day before the last day of the academic year) is 4,000. Subject to that limitation, Air Force Cadets are selected as follows:'; and

(B) by adding at the end the following new subsection:

`(i) For purposes of the limitation under subsection (a), the last day of an academic year is graduation day.'.

(4) CONFORMING REPEAL- Section 511 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 10 U.S.C. 4342 note) is repealed.

SEC. 533. DEAN OF ACADEMIC BOARD, UNITED STATES MILITARY ACADEMY AND DEAN OF THE FACULTY, UNITED STATES AIR FORCE ACADEMY.

(a) DEAN OF THE ACADEMIC BOARD, USMA- Section 4335 of title 10, United States Code, is amended by adding at the end the following new subsection:

`(c) While serving as Dean of the Academic Board, an officer of the Army who holds a grade lower than brigadier general shall hold the grade of brigadier general, if appointed to that grade by the President, by and with the advice and consent of the Senate. The retirement age of an officer so appointed is that of a permanent professor of the Academy. An officer so appointed is counted for purposes of the limitation in section 526(a) of this title on general officers of the Army on active duty.'.

(b) DEAN OF THE FACULTY, USAFA- Section 9335 of title 10, United States Code, is amended--

(1) by inserting `(a)' at the beginning of the text of the section; and

(2) by adding at the end the following new subsection:

`(b) While serving as Dean of the Faculty, an officer of the Air Force who holds a grade lower than brigadier general shall hold the grade of brigadier general, if appointed to that grade by the President, by and with the advice and consent of the Senate. The retirement age of an officer so appointed is that of a permanent professor of the Academy An officer so appointed is counted for purposes of the limitation in section 526(a) of this title on general officers of the Air Force on active duty.'.

SEC. 534. EXCLUSION FROM CERTAIN GENERAL AND FLAG OFFICER GRADE STRENGTH LIMITATIONS FOR THE SUPERINTENDENTS OF THE SERVICE ACADEMIES.

Section 525(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

`(7) An officer of the Army while serving as Superintendent of the United States Military Academy, if serving in the grade of lieutenant general, is in addition to the number that would otherwise be permitted for the Army for officers serving on active duty in grades above major general under paragraph (1). An officer of the Navy or Marine Corps while serving as Superintendent of the United States Naval Academy, if serving in the grade of vice admiral or lieutenant general, is in addition to the number that would otherwise be permitted for the Navy or Marine Corps, respectively, for officers serving on active duty in grades above major general or rear admiral under paragraph (1) or (2). An officer while serving as Superintendent of the United Air Force Academy, if serving in the grade of lieutenant general, is in addition to the number that would otherwise be permitted for the Air Force for officers serving on active duty in grades above major general under paragraph (1).'.

Subtitle E--Education and Training

SEC. 541. ESTABLISHMENT OF A DEPARTMENT OF DEFENSE INTERNATIONAL STUDENT PROGRAM AT THE SENIOR MILITARY COLLEGES.

(a) IN GENERAL- (1) Chapter 103 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 2111b. Senior military colleges: Department of Defense international student program

`(a) PROGRAM REQUIREMENT- The Secretary of Defense shall establish a program to facilitate the enrollment and instruction of persons from foreign countries as international students at the senior military colleges.

`(b) PURPOSES- The purposes of the program shall be--

`(1) to provide a high-quality, cost-effective military-based educational experience for international students in furtherance of the military-to-military program objectives of the Department of Defense; and

`(2) to enhance the educational experience and preparation of future United States military leaders through increased, extended interaction with highly qualified potential foreign military leaders.

`(c) COORDINATION WITH THE SENIOR MILITARY COLLEGES- Guidelines for implementation of the program shall be developed in coordination with the senior military colleges.

`(d) RECOMMENDATIONS FOR ADMISSION OF STUDENTS UNDER THE PROGRAM- The Secretary of Defense shall annually identify to the senior military colleges the international students who, based on criteria established by the Secretary, the Secretary recommends be considered for admission under the program. The Secretary shall identify the recommended international students to the senior military colleges as early as possible each year to enable those colleges to consider them in a timely manner in their respective admissions processes.

`(e) DOD FINANCIAL SUPPORT- An international student who is admitted to a senior military college under the program under this section is responsible for the cost of instruction at that college. The Secretary of Defense may, from funds available to the Department of Defense other than funds available for financial assistance under section 2107a of this title, provide some or all of the costs of instruction for any such student.'.

(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

`2111b. Senior military colleges: Department of Defense international student program.'.

(b) EFFECTIVE DATE- The Secretary of Defense shall implement the program under section 2111b of title 10, United States Code, as added by subsection (a), with students entering the senior military colleges after May 1, 2000.

(c) REPEAL OF OBSOLETE PROVISION- Section 2111a(e)(1) of title 10, United States Code, is amended by striking the second sentence.

(d) FISCAL YEAR 2000 FUNDING- Of the amounts made available to the Department of Defense for fiscal year 2000 pursuant to section 301, $2,000,000 shall be available for financial support for international students under section 2111b of title 10, United States Code, as added by subsection (a).

SEC. 542. AUTHORITY FOR ARMY WAR COLLEGE TO AWARD DEGREE OF MASTER OF STRATEGIC STUDIES.

(a) AUTHORITY- Chapter 401 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 4321. United States Army War College: master of strategic studies degree

`Under regulations prescribed by the Secretary of the Army, the Commandant of the United States Army War College, upon the recommendation of the faculty and dean of the college, may confer the degree of master of strategic studies upon graduates of the college who have fulfilled the requirements for that degree.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

`4321. United States Army War College: master of strategic studies degree.'.

SEC. 543. AUTHORITY FOR AIR UNIVERSITY TO AWARD GRADUATE-LEVEL DEGREES.

(a) IN GENERAL- Subsection (a) of section 9317 of title 10, United States Code, is amended to read as follows:

`(a) AUTHORITY- Upon recommendation of the faculty of the appropriate school, the commander of the Air University may confer--

`(1) the degree of master of strategic studies upon graduates of the Air War College who fulfill the requirements for that degree;

`(2) the degree of master of military operational art and science upon graduates of the Air Command and Staff College who fulfill the requirements for that degree; and

`(3) the degree of master of airpower art and science upon graduates of the School of Advanced Air power Studies who fulfill the requirements for that degree.'.

(b) CLERICAL AMENDMENTS- (1) The heading for that section is amended to read:

`Sec. 9317. Air University: graduate-level degrees'.

(2) The item relating to that section in the table of sections at the beginning of chapter 901 of such title is amended to read as follows:

`9317. Air University: graduate-level degrees.'.

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

Section 2126(b) of title 10, United States Code, is amended--

(1) in paragraph (2)--

(A) by striking `only for' and all that follows through `Award of' and inserting `only for the award of'; and

(B) by striking subparagraph (B);

(2) in paragraph (3) by striking `paragraph (2)(A), a member' and inserting `paragraph (2), a member who completes a satisfactory year of service in the Selected Reserve';

(3) by redesignating paragraph (5) as paragraph (6); and

(4) by inserting after paragraph (4) the following new paragraph (5):

`(5) A member of the Selected Reserve who is awarded points or service credit under this subsection shall not be considered to have been in an active status, by reason of the award of the points or credit, while pursuing a course of study under this subchapter for purposes of any provision of law other than sections 12732(a) and 12733(3) of this title.'.

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

(a) PERMANENT AUTHORITY FOR THE ROTC GRADUATE PROGRAM- Paragraph (2) of section 2107(c)(2) of title 10, United States Code, is amended to read as follows:

`(2) The Secretary concerned may provide financial assistance, as described in paragraph (1), to a student enrolled in an advanced education program beyond the baccalaureate degree level if the student also is a cadet or midshipman in an advanced training program. Not more than 15 percent of the total number of scholarships awarded under this section in any year may be awarded under the program.'.

(b) AUTHORITY TO ENROLL IN ADVANCED TRAINING PROGRAM- Section 2101(3) of title 10, United States Code, is amended by inserting `students enrolled in an advanced education program beyond the baccalaureate degree level or to' after `instruction offered in the Senior Reserve Officers' Training Corps to'.

SEC. 546. INCREASE IN MONTHLY SUBSISTENCE ALLOWANCE FOR SENIOR ROTC CADETS SELECTED FOR ADVANCED TRAINING.

(a) INCREASE- Section 209(a) of title 37, United States Code, is amended by striking `$150 a month' and inserting `$200 a month'.

(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on October 1, 1999.

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

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

`Sec. 2033. Contingent funding increase

`If for any fiscal year the amount appropriated for the National Guard Challenge Program under section 509 of title 32 is in excess of $62,500,000, the Secretary of Defense shall (notwithstanding any other provision of law) make the amount in excess of $62,500,000 available for the Junior Reserve Officers' Training Corps program under section 2031 of this title, and such excess amount may not be used for any other purpose.'.

(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

`2033. Contingent funding increase.'.

(b) EFFECTIVE DATE- Section 2033 of title 10, United States Code, as added by subsection (a), shall apply only with respect to funds appropriated for fiscal years after fiscal year 1999.

SEC. 548. CHANGE FROM ANNUAL TO BIENNIAL REPORTING UNDER THE RESERVE COMPONENT MONTGOMERY GI BILL.

(a) IN GENERAL- Section 16137 of title 10, United States Code, is amended to read as follows:

`Sec. 16137. Biennial report to Congress

`The Secretary of Defense shall submit to Congress a report not later than March 1 of each odd-numbered year concerning the operation of the educational assistance program established by this chapter during the preceding two fiscal years. Each such report shall include the number of members of the Selected Reserve of the Ready Reserve of each armed force receiving, and the number entitled to receive, educational assistance under this chapter during those fiscal years.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 1606 of such title is amended to read as follows:

`16137. Biennial report to Congress.'.

SEC. 549. RECODIFICATION AND CONSOLIDATION OF STATUTES DENYING FEDERAL GRANTS AND CONTRACTS BY CERTAIN DEPARTMENTS AND AGENCIES TO INSTITUTIONS OF HIGHER EDUCATION THAT PROHIBIT SENIOR ROTC UNITS OR MILITARY RECRUITING ON CAMPUS.

(a) RECODIFICATION AND CONSOLIDATION FOR LIMITATIONS ON FEDERAL GRANTS AND CONTRACTS- (1) Section 983 of title 10, United States Code, is amended to read as follows:

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

`(a) DENIAL OF FUNDS FOR PREVENTING ROTC ACCESS TO CAMPUS- No funds described in subsection (d) may be provided by contract or by grant (including a grant of funds to be available for student aid) to a covered educational entity if the Secretary of Defense determines that the covered educational entity has a policy or practice (regardless of when implemented) that either prohibits, or in effect prevents--

`(1) the Secretary of a military department from maintaining, establishing, or operating a unit of the Senior Reserve Officer Training Corps (in accordance with section 654 of this title and other applicable Federal laws) at the covered educational entity; or

`(2) a student at the covered educational entity from enrolling in a unit of the Senior Reserve Officer Training Corps at another institution of higher education.

`(b) DENIAL OF FUNDS FOR PREVENTING MILITARY RECRUITING ON CAMPUS- No funds described in subsection (d) may be provided by contract or by grant (including a grant of funds to be available for student aid) to a covered educational entity if the Secretary of Defense determines that the covered educational entity has a policy or practice (regardless of when implemented) that either prohibits, or in effect prevents--

`(1) the Secretary of a military department from gaining entry to campuses, or access to students (who are 17 years of age or older) on campuses, for purposes of military recruiting; or

`(2) access by military recruiters for purposes of military recruiting to the following information pertaining to students (who are 17 years of age or older) enrolled at the covered educational entity:

`(A) Names, addresses, and telephone listings.

`(B) Date and place of birth, levels of education, academic majors, degrees received, and the most recent educational institution enrolled in by the student.

`(c) EXCEPTIONS- The limitation established in subsection (a) or (b) shall not apply to a covered educational entity if the Secretary of Defense determines that--

`(1) the covered educational entity has ceased the policy or practice described in that subsection; or

`(2) the institution of higher education involved has a longstanding policy of pacifism based on historical religious affiliation.

`(d) COVERED FUNDS- The limitations established in subsections (a) and (b) apply to the following:

`(1) Any funds made available for the Department of Defense.

`(2) Any funds made available in a Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act.

`(e) NOTICE OF DETERMINATIONS- Whenever the Secretary of Defense makes a determination under subsection (a), (b), or (c), the Secretary--

`(1) shall transmit a notice of the determination to the Secretary of Education and to Congress; and

`(2) shall publish in the Federal Register a notice of the determination and the effect of the determination on the eligibility of the covered educational entity for contracts and grants.

`(f) SEMIANNUAL NOTICE IN FEDERAL REGISTER- The Secretary of Defense shall publish in the Federal Register once every six months a list of each covered educational entity that is currently ineligible for contracts and grants by reason of a determination of the Secretary under subsection (a) or (b).

`(g) COVERED EDUCATIONAL ENTITY- In this section, the term `covered educational entity' means an institution of higher education, or a subelement of an institution of higher education.'.

(2) The item relating to section 983 in the table of sections at the beginning of such chapter is amended to read as follows:

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

(b) REPEAL OF CODIFIED PROVISIONS- The following provisions of law are repealed:

(1) Section 558 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 503 note).

(2) Section 514 of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1997 (as contained in section 101(e) of division A of Public Law 104-208; 110 Stat. 3009-270; 10 U.S.C. 503 note).

Subtitle F--Decorations and Awards

SEC. 551. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN DECORATIONS TO CERTAIN PERSONS.

(a) WAIVER- Any limitation established by law or policy for the time within which a recommendation for the award of a military decoration or award must be submitted shall not apply to awards of decorations described in this section, the award of each such decoration having been determined by the Secretary of the military department concerned to be warranted in accordance with section 1130 of title 10, United States Code.

(b) DISTINGUISHED FLYING CROSS- Subsection (a) applies to the award of the Distinguished Flying Cross for service during World War II or Korea (including multiple awards to the same individual) in the case of each individual concerning whom the Secretary of the Navy (or an officer of the Navy acting on behalf of the Secretary) submitted to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate, during the period beginning on October 17, 1998, and ending on the day before the date of the enactment of this Act, a notice as provided in section 1130(b) of title 10, United States Code, that the award of the Distinguished Flying Cross to that individual is warranted and that a waiver of time restrictions prescribed by law for recommendation for such award is recommended.

SEC. 552. SENSE OF CONGRESS CONCERNING PRESIDENTIAL UNIT CITATION FOR CREW OF THE U.S.S. INDIANAPOLIS.

(a) FINDINGS- Congress reaffirms the findings made in section 1052(a) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2844) that the heavy cruiser U.S.S. INDIANAPOLIS (CA-35)--

(1) served the people of the United States with valor and distinction throughout World War II in action against enemy forces in the Pacific Theater of Operations from December 7, 1941 to July 29, 1945;

(2) with her courageous and capable crew, compiled an impressive combat record during the war in the Pacific, receiving in the process 10 battle stars in actions from the Aleutians to Okinawa;

(3) rendered invaluable service in anti-shipping, shore bombardment, anti-air, and invasion support roles and serving as flagship for the Fifth Fleet under Admiral Raymond Spruance and flagship for the Third Fleet under Admiral William F. Halsey; and

(4) transported the world's first operational atomic bomb from the United States to the Island of Tinian, accomplishing that mission at a record average speed of 29 knots.

(b) FURTHER FINDINGS- Congress further finds that--

(1) from participation in the earliest offensive actions in the Pacific during World War II to her pivotal role in delivering the weapon that brought the war to an end, the U.S.S. INDIANAPOLIS and her crew left an indelible imprint on the Nation's struggle to eventual victory in the war in the Pacific; and

(2) the selfless, courageous, and outstanding performance of duty by that ship and her crew throughout the war in the Pacific reflects great credit upon the ship and her crew, thus upholding the very highest traditions of the United States Navy.

(c) SENSE OF CONGRESS- It is the sense of Congress that the President should award a Presidential Unit Citation to the crew of the U.S.S. INDIANAPOLIS (CA-35) in recognition of the courage and skill displayed by the members of the crew of that vessel throughout World War II.

(2) A citation described in paragraph (1) may be awarded without regard to any provision of law or regulation prescribing a time limitation that is otherwise applicable with respect to recommendation for, or the award of, such a citation.

SEC. 553. AUTHORITY FOR AWARD OF MEDAL OF HONOR TO ALFRED RASCON FOR VALOR DURING THE VIETNAM CONFLICT.

(a) WAIVER OF TIME LIMITATIONS- Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Army, the President may award the Medal of Honor under section 3741 of that title to Alfred Rascon, of Laurel, Maryland, for the acts of valor described in subsection (b).

(b) ACTION DESCRIBED- The acts of valor referred to in subsection (a) are the actions of Alfred Rascon on March 16, 1966, as an Army medic, serving in the grade of Specialist Four in the Republic of Vietnam with the Reconnaissance Platoon, Headquarters Company, 1st Battalion, 503rd Infantry, 173rd Airborne Brigade (Separate), during a combat operation known as Silver City.

Subtitle G--Other Matters

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

(a) PERIOD OF RECALL SERVICE FOR RETIRED MEMBERS ORDERED TO ACTIVE DUTY- Section 688(e) of title 10, United States Code, is amended by striking `for more than 12 months within 24 months' and inserting `for more than 36 months within 48 months'.

(b) LIMITATION ON NUMBER- Section 690(b)(1) of such title is amended by striking `Not more than 25 officers' and inserting `In addition to the officers subject to subsection (a), not more than 150 officers'.

(c) EXCLUSION FROM LIMITATION OF MEMBERS OF RETIREE COUNCILS- Section 690(b)(2) of such title is amended by adding at the end the following new subparagraph:

`(D) Any officer assigned to duty as a member of the Army, Navy, or Air Force Retiree Council for the period of active duty to which ordered.'.

(d) EXCLUSION FROM LIMITATION OF OFFICERS RECALLED FOR 60 DAYS OR LESS- Section 690 of such title is further amended--

(1) by striking the second sentence of subsection (a);

(2) by redesignating subsection (c) as subsection (d); and

(3) by inserting after subsection (b) the following new subsection (c):

`(c) EXCLUSION FROM LIMITATIONS OF OFFICERS RECALLED FOR 60 DAYS OR LESS- A retired officer ordered to active duty for a period of 60 days or less shall not be counted for the purposes of subsection (a) or (b).'.

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

(a) AUTHORITY- During the retired aviator recall period, the Secretary of a military department may recall to active duty any retired officer having expertise as an aviator to fill staff positions normally filled by active duty aviators. Any such recall may only be with the consent of the officer recalled.

(b) LIMITATION- No more than a total of 500 officers may be on active duty at any time under subsection (a).

(c) TERMINATION- Each officer recalled to active duty under subsection (a) during the retired aviator recall period shall be released from active duty not later than one year after the end of such period.

(d) WAIVERS- Officers recalled to active duty under subsection (a) shall not be counted for purposes of section 668 or 690 of title 10, United States Code.

(e) RETIRED AVIATOR RECALL PERIOD- For purposes of this section, the term `retired aviator recall period' means the period beginning on October 1, 1999, and ending on September 30, 2002.

(f) REPORT- Not later than March 31, 2002, the Secretary of Defense submit to the Committee on Armed Services of the Senate and the Committee on Armed Service of the House of Representatives a report on the use of the authority under this section, together with the Secretary's recommendation for extension of that authority.

SEC. 563. SERVICE REVIEW AGENCIES COVERED BY PROFESSIONAL STAFFING REQUIREMENT.

Section 1555(c)(2) of title 10, United States Code, is amended by inserting `the Navy Council of Personnel Boards and' after `Department of the Navy,'.

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

Section 973(b)(1) of title 10, United States Code, is amended--

(1) in subparagraph (B), by striking `180 days' and inserting `270 days'; and

(2) in subparagraph (C), by striking `180 days' and inserting `270 days'.

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

(a) COMPOSITION OF HONOR GUARD DETAILS- Subsection (b) of section 1491 of title 10, United States Code, is amended by striking `consists of' and all that follows through the period and inserting `consists of not less than two persons, who shall, at a minimum, perform a ceremony to fold and present a United States flag to the deceased veteran's family and who shall (unless a bugler is part of the detail) have the capability to play a recorded version of Taps. At least one member of an honor guard detail provided in response to a request to the Department of Defense shall be a member of the same armed force as the deceased veteran.'.

(b) SUPPORT FOR NONGOVERNMENTAL ORGANIZATIONS- Such section is further amended--

(1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (h), respectively; and

(2) by inserting after subsection (c) the following new subsection (d):

`(d) SUPPORT FOR NONGOVERNMENTAL ORGANIZATIONS- The Secretary of a military department shall provide material, equipment, and training to support qualified nongovernmental organizations, as necessary for the support of honor guard activities. The Secretary shall prescribe by regulation standards for determining what nongovernmental organizations are qualified for purposes of this subsection, the type of support that may be provided under this subsection, and the manner in which such support is provided.'.

(c) IMPLEMENTING OSD REGULATIONS- Subsection (e) of such section, as redesignated by subsection (b)(1), is amended by striking the last two sentences and inserting the following: `The Secretary shall require that procedures be established by the Secretaries of the military departments for coordinating and responding to requests for honor guard details, for establishing standards and protocols for, responding to requests for and conducting military funeral honors, and for providing training and quality control.'.

(d) WAIVER AUTHORITY- Such section is further amended by inserting after subsection (f), as redesignated by subsection (b)(1), the following new subsection:

`(g) WAIVER AUTHORITY- (1) The Secretary of Defense may waive any of the provisions of this section when the Secretary determines that such a waiver is necessary because of a contingency operation or when the Secretary otherwise considers such a waiver to be necessary to meet military requirements. The authority to make such a waiver may not be delegated to any official of a military department other than the Secretary of the military department and may not be delegated within the Office of the Secretary of Defense to an official at a level below Under Secretary of Defense.'.

`(2) Whenever a waiver is granted under paragraph (1), the Secretary of Defense shall promptly submit notice of the waiver to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.'.

(e) COVERAGE OF CERTAIN RESERVISTS- Such section is further amended by striking the period at the end of subsection (h), as redesignated by subsection (b)(1), and inserting `and includes a deceased member or former member of the Selected Reserve described in section 2301(f) of title 38.'.

(f) AUTHORITY TO ACCEPT VOLUNTARY SERVICES- Section 1588(a) of such title is amended by adding at the end the following new paragraph:

`(4) Voluntary services as a member of an honor guard detail under section 1491 of this title.'.

(g) EFFECTIVE DATE- (1) Section 1491 of title 10, United States Code, as amended by this section, shall apply with respect to funerals of veterans that occur after December 31, 1999.

(2) Subsection (a) of such section is amended by striking `that occurs after December 31, 1999'.

(h) NATIONAL GUARD FUNERAL HONORS DUTY- (1) Section 114 of title 32, United States Code, is amended--

(A) by striking `honor guard' both places it appears and inserting `funeral honors'; and

(B) by striking `otherwise required' and inserting `, but may be performed as funeral honors duty as prescribed in section 115 of this title'.

(2) Chapter 1 of such title is amended by adding at the end the following new section:

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

`(a) Under regulations prescribed by the Secretary of Defense, a member of the Army National Guard of the United States or the Air National Guard of the United States may be ordered to funeral honors duty, with the consent of the member, to prepare for or perform funeral honors functions at the funeral of a veteran (as defined in section 1491 of title 10).

`(b) A member ordered to funeral honors duty under this section shall be required to perform a minimum of two hours of such duty in order to receive service credit under section 1273(a)(2)(E) of title 10 and compensation under section 435 of title 37 if authorized by the Secretary concerned.

`(c) Funeral honors duty (and travel directly to and from that duty) under this section shall be treated as the equivalent of inactive-duty training (and travel directly to and from that training) for the purposes of this section and the provisions of title 10, title 37, and title 38, including provisions relating to the determination of eligibility for and the receipt of benefits and entitlements provided under those titles for Reserves performing inactive-duty training and for their dependents and survivors, except that a member is not entitled by reason of performance of funeral honors duty to any pay, allowances, or other compensation provided for in title 37 other than that provided in section 435 of that title and in subsection (d).

`(d) A member who performs funeral honors duty under this section is entitled to reimbursement for travel and transportation expenses incurred in conjunction with such duty as authorized under chapter 7 of title 37, if such duty is performed at a location 50 miles or more from the member's residence.'.

(3)(A) The heading of section 114 of such title is amended to read as follows:

`Sec. 114. Funeral honors functions at funerals for veterans'.

(B) The table of sections at the beginning of chapter 1 of such title is amended by striking the item relating to section 114 and inserting the following:

`114. Funeral honors functions at funerals for veterans.

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

(i) READY RESERVE FUNERAL HONORS DUTY- (1)(A) Chapter 1213 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 12503. Ready Reserve: funeral honors duty

`(a) Under regulations prescribed by the Secretary of Defense, a member of the Ready Reserve may be ordered to funeral honors duty, with the consent of the member, in preparation for or to perform funeral honors functions at the funeral of a veteran (as defined in section 1491 of this title). However, a member of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to perform funeral honors functions under this section without the consent of the Governor or other appropriate authority of the State concerned.

`(b) A member ordered to funeral honors duty under this section shall be required to perform a minimum of two hours of such duty in order to receive service credit under section 12732(a)(2)(E) of this title and compensation under section 435 of title 37 if authorized by the Secretary concerned.

`(c) Funeral honors duty (and travel directly to and from that duty) under this section shall be treated as the equivalent of inactive-duty training (and travel directly to and from that training) for the purposes of this title, title 37, and title 38, including provisions relating to the determination of eligibility for and receipt of benefits and entitlements provided under those titles for Reserves performing inactive-duty training and for their dependents and survivors, except that a member is not entitled by reason of performance of funeral honors duty to any pay, allowances, or other compensation provided for in title 37 other than that provided in section 435 of that title and in subsection (d).

`(d) A member who performs funeral honors duty under this section is entitled to reimbursement for travel and transportation expenses incurred in conjunction with such duty as authorized under chapter 7 of title 37, if such duty is performed at a location 50 miles or more from the member's residence.'.

(B) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

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

(2)(A) Section 12552 of such title is amended to read as follows:

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

`Performance by a Reserve of funeral honors functions at the funeral of a veteran (as defined in section 1491 of this title) may not be considered to be a period of drill or training, but may be performed as funeral honors duty under section 12503 of this title.'.

(B) The item relating to such section in the table of sections at the beginning of chapter 1215 of such title is amended to read as follows:

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

(j) CREDITING FOR RETIREMENT PURPOSES- Paragraph (2) of section 12732(a) of title 10, United States Code, is amended--

(1) by inserting after subparagraph (D) the following new subparagraph:

`(E) One point for each day in which funeral honors functions were performed under section 12503 of this title or section 115 of title 32.'; and

(2) by striking `and (D)' in the last sentence of such paragraph and inserting `(D), and (E)'.

(k) ALLOWANCE FOR FUNERAL HONORS DUTY- (1) Chapter 7 of title 37, United States Code, is amended by adding at the end the following new section:

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

`(a) ALLOWANCE AUTHORIZED- Under uniform regulations prescribed by the Secretary of Defense, a member of the Ready Reserve of an armed force may be paid an allowance of $50, at the discretion of the Secretary concerned, for funeral honors duty performed pursuant to section 12305 of title 10 or section 115 of title 32, if the member is engaged in the performance of that duty for at least two hours.

`(b) RELATION TO PERFORMANCE OF FUNERAL HONORS DUTY- The allowance under this section shall constitute the single, flat-rate monetary allowance authorized for the performance of funeral honors duty pursuant to section 12503 of title 10 or section 115 of title 32 and shall constitute payment in full to the member, regardless of grade in which serving.'.

(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

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

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

(a) PROGRAM AUTHORITY AND PURPOSE- Subsection (a) of section 509 of title 32, United States Code, is amended to read as follows:

`(a) PROGRAM AUTHORITY AND PURPOSE- The Secretary of Defense, acting through the Chief of the National Guard Bureau, may use the National Guard to conduct a civilian youth opportunities program, to be known as the `National Guard Challenge Program', which shall consist of at least a 22-week residential program and a 12-month post-residential mentoring period. The National Guard Challenge Program shall seek to improve life skills and employment potential of participants by providing military-based training and supervised work experience, together with the core program components of assisting participants to receive a high school diploma or its equivalent, leadership development, promoting fellowship and community service, developing life coping skills and job skills, and improving physical fitness and health and hygiene.'.

(b) ANNUAL FUNDING LIMITATION- Subsection (b) of such section is amended by striking `$50,000,000' and inserting `$62,500,000'.

SEC. 567. ACCESS TO SECONDARY SCHOOL STUDENTS FOR MILITARY RECRUITING PURPOSES.

Section 503 of title 10, United States Code, is amended by adding at the end the following new subsection:

`(c) Each local educational agency is requested to provide to the Department of Defense, upon a request made for military recruiting purposes, the same access to secondary school students, and to directory information concerning such students, as is provided generally to post-secondary educational institutions or to prospective employers of those students.'.

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

(a) EXIT SURVEY- The Secretary of Defense shall develop and implement a survey on attitudes toward military service to be completed by all members of the Armed Forces who during the period beginning on January 1, 2000, and ending on June 30, 2000, are discharged or separated from the Armed Forces or transfer from a regular component to a reserve component.

(b) MATTERS TO BE COVERED- The survey shall, at a minimum, cover the following subjects:

(1) Reasons for leaving military service.

(2) Command climate.

(3) Attitude toward civilian and military leadership.

(4) Attitude toward pay and benefits.

(5) Job satisfaction.

(6) Such other matters as the Secretary determines appropriate to the survey concerning reasons why military personnel are leaving military service.

(c) REPORT TO CONGRESS- Not later than October 1, 2000, the Secretary shall submit to Congress a report containing the results of the survey under subsection (a). The Secretary shall compile the information in the report so as to assist in assessing reasons why military personnel are leaving military service.

SEC. 569. IMPROVEMENT IN SYSTEM FOR ASSIGNING PERSONNEL TO WARFIGHTING UNITS.

(a) REVIEW OF PERSONNEL ASSIGNMENT SYSTEMS- The Secretary of each military department shall review the military personnel system under that Secretary's jurisdiction in order to identify those policies that prevent warfighting units from being fully manned.

(b) REVISION TO POLICIES- Following the review under subsection (a), the Secretary shall alter the policies identified in the review with the goal of raising the priority in the personnel system for the assignment of personnel to warfighting units.

(c) REPORT- Not later than December 31, 2000, the Secretary shall submit to the Committee on Armed Services of the Senate and Committee on Armed Services of the House of Representatives a report on the changes to the military personnel system under that Secretary's jurisdiction that have been, or will be, adopted under subsection (b).

(d) DEFINITION- For the purposes of this section, the term `warfighting unit' means a battalion, squadron, or vessel that (1) has a combat, combat support, or combat service support mission, and (2) is not considered to be in the supporting establishment for its service.

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

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

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

`(a) REGULATIONS- The Secretary of Defense shall prescribe in regulations such policies and procedures as the Secretary considers necessary to provide the maximum possible protection for the confidentiality of communications described in subsection (b) relating to misconduct described in that subsection. Those regulations shall be consistent with--

`(1) the standards of confidentiality and ethical standards issued by relevant professional organizations;

`(2) applicable requirements of Federal and State law;

`(3) the best interest of victims of sexual harassment, sexual assault, or intrafamily abuse; and

`(4) such other factors as the Secretary, in consultation with the Attorney General, considers appropriate.

`(b) COVERED COMMUNICATIONS- Subsection (a) applies to communications between--

`(1) a dependent of a member of the armed forces who--

`(A) is a victim of sexual harassment, sexual assault, or intrafamily abuse; or

`(B) has engaged in such misconduct; and

`(2) a therapist, counselor, advocate, or other professional from whom the dependent seeks professional services in connection with effects of such misconduct.'.

(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

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

(b) GAO STUDY- (1) The Comptroller General shall study the policies, procedures, and practices of the military departments for protecting the confidentiality of communications between--

(A) a dependent of a member of the Armed Forces who--

(i) is a victim of sexual harassment, sexual assault, or intrafamily abuse; or

(ii) has engaged in such misconduct; and

(B) a therapist, counselor, advocate, or other professional from whom the dependent seeks professional services in connection with effects of such misconduct.

(2) The Comptroller General shall conclude the study and submit to the Secretary of Defense and Congress a report on the results of the study. The report shall be submitted not later than 180 days after the date of the enactment of this Act.

(c) INITIAL REGULATIONS- The initial regulations under section 1562 of title 10, United States Code, as added by subsection (a), shall be prescribed not later than 90 days after the date on which the Secretary of Defense receives the report of the Comptroller General under subsection (b). In prescribing those regulations, the Secretary shall ensure that those regulations are consistent with the findings of the Comptroller General in that report.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

SEC. 601. FISCAL YEAR 2000 INCREASE IN MILITARY BASIC PAY AND REFORM OF BASIC PAY RATES.

(a) WAIVER OF SECTION 1009 ADJUSTMENT- The adjustment to become effective during fiscal year 2000 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.

(b) JANUARY 1, 2000, INCREASE IN BASIC PAY- Effective on January 1, 2000, the rates of monthly basic pay for members of the uniformed services are increased by 4.8 percent.

(c) REFORM OF BASIC PAY RATES- Effective on July 1, 2000, the rates of monthly basic pay for members of the uniformed services within each pay grade are as follows:

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 

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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 

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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 1 

Years of service computed under section 205 of title 37, United States Code

---------------------------------------------------------------------

Pay Grade          2 or less    Over 2    Over 3    Over 4    Over 6 

---------------------------------------------------------------------

E-9 2         $0.00     $0.00     $0.00     $0.00     $0.00 

E-8            0.00      0.00      0.00      0.00      0.00 

E-7        1,765.80  1,927.80  2,001.00  2,073.00  2,147.70 

E-6        1,518.90  1,678.20  1,752.60  1,824.30  1,899.30 

E-5        1,332.60  1,494.00  1,566.00  1,640.40  1,714.50 

E-4        1,242.90  1,373.10  1,447.20  1,520.10  1,593.90 

E-3        1,171.50  1,260.60  1,334.10  1,335.90  1,335.90 

E-2        1,127.40  1,127.40  1,127.40  1,127.40  1,127.40 

E-1     3  1,005.60  1,005.60  1,005.60  1,005.60  1,005.60 

             Over 8   Over 10   Over 12   Over 14   Over 16 

E-9 2         $0.00 $3,015.30 $3,083.40 $3,169.80 $3,271.50 

E-8        2,528.40  2,601.60  2,669.70  2,751.60  2,840.10 

E-7        2,220.90  2,294.10  2,367.30  2,439.30  2,514.00 

E-6        1,973.10  2,047.20  2,118.60  2,191.50  2,244.60 

E-5        1,789.50  1,861.50  1,936.20  1,936.20  1,936.20 

E-4        1,593.90  1,593.90  1,593.90  1,593.90  1,593.90 

E-3        1,335.90  1,335.90  1,335.90  1,335.90  1,335.90 

E-2        1,127.40  1,127.40  1,127.40  1,127.40  1,127.40 

E-1        1,005.60  1,005.60  1,005.60  1,005.60  1,005.60 

            Over 18   Over 20   Over 22   Over 24   Over 26 

E-9 2     $3,373.20 $3,473.40 $3,609.30 $3,744.00 $3,915.80 

E-8        2,932.50  3,026.10  3,161.10  3,295.50  3,483.60 

E-7        2,588.10  2,660.40  2,787.60  2,926.20  3,134.40 

E-6        2,283.30  2,283.30  2,285.70  2,285.70  2,285.70 

E-5        1,936.20  1,936.20  1,936.20  1,936.20  1,936.20 

E-4        1,593.90  1,593.90  1,593.90  1,593.90  1,593.90 

E-3        1,335.90  1,335.90  1,335.90  1,335.90  1,335.90 

E-2        1,127.40  1,127.40  1,127.40  1,123.20  1,127.40 

E-1        1,005.60  1,005.60  1,005.60  1,005.60  1,005.60 

---------------------------------------------------------------------

(d) LIMITATION ON PAY ADJUSTMENTS- Section 1009(a) of title 37, United States Code, is amended--

(1) by inserting `(1)' before `Whenever'; and

(2) by adding at the end the following new paragraph:

`(2) On and after April 30, 1999, the actual basic pay for commissioned officers in grades 0-7 through O-10 may not exceed the rate of pay for level III of the Executive Schedule, and the actual basic pay for all other officers and enlisted members may not exceed the rate of pay for level V of the Executive Schedule.'.

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

Effective on October 1, 2000, subsection (c) of section 1009 of title 37, United States Code, is amended to read as follows:

`(c) PERCENTAGE INCREASE FOR ALL MEMBERS- (1) Subject to subsection (d), an adjustment taking effect under this section during a fiscal year shall provide all eligible members with an increase in the monthly basic pay by the percentage equal to the sum of--

`(A) 0.5 percent; plus

`(B) the percentage calculated as provided under section 5303(a) of title 5.

`(2) The calculation required by paragraph (1)(B) shall be made without regard to whether rates of pay under the statutory pay systems (as defined in section 5302 of title 5) are actually increased during that fiscal year under section 5303 of such title by the percentage so calculated.'.

SEC. 603. ADDITIONAL AMOUNT AVAILABLE FOR FISCAL YEAR 2000 INCREASE IN BASIC ALLOWANCE FOR HOUSING INSIDE THE UNITED STATES.

In addition to the amount determined by the Secretary of Defense under section 403(b)(3) of title 37, United States Code, to be the total amount that may be paid during fiscal year 2000 for the basic allowance for housing for military housing areas inside the United States, $442,500,000 of the amount authorized to be appropriated by section 421 for military personnel shall be used by the Secretary to further increase the total amount available for the basic allowance for housing for military housing areas inside the United States.

Subtitle B--Bonuses and Special and Incentive Pays

SEC. 611. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY AUTHORITIES FOR RESERVE FORCES.

(a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIALTIES- Section 302g(f) of title 37, United States Code, is amended by striking `December 31, 1999' and inserting `December 31, 2000'.

(b) SELECTED RESERVE REENLISTMENT BONUS- Section 308b(f) of such title is amended by striking `December 31, 1999' and inserting `December 31, 2000'.

(c) SELECTED RESERVE ENLISTMENT BONUS- Section 308c(e) of such title is amended by striking `December 31, 1999' and inserting `December 31, 2000'.

(d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN HIGH PRIORITY UNITS- Section 308d(c) of such title is amended by striking `December 31, 1999' and inserting `December 31, 2000'.

(e) SELECTED RESERVE AFFILIATION BONUS- Section 308e(e) of such title is amended by striking `December 31, 1999' and inserting `December 31, 2000'.

(f) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS- Section 308h(g) of such title is amended by striking `December 31, 1999' and inserting `December 31, 2000'.

(g) PRIOR SERVICE ENLISTMENT BONUS- Section 308i(f) of such title is amended by striking `December 31, 1999' and inserting `December 31, 2000'.

(h) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE- Section 16302(d) of title 10, United States Code, is amended by striking `January 1, 2000' and inserting `January 1, 2001'.

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

(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM- Section 2130a(a)(1) of title 10, United States Code, is amended by striking `December 31, 1999' and inserting `December 31, 2000'.

(b) ACCESSION BONUS FOR REGISTERED NURSES- Section 302d(a)(1) of title 37, United States Code, is amended by striking `December 31, 1999' and inserting `December 31, 2000'.

(c) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS- Section 302e(a)(1) of title 37, United States Code, is amended by striking `December 31, 1999' and inserting `December 31, 2000'.

SEC. 613. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER BONUSES AND SPECIAL PAYS.

(a) AVIATION OFFICER RETENTION BONUS- Section 301b(a) of title 37, United States Code, is amended by striking `December 31, 1999,' and inserting `December 31, 2000,'.

(b) REENLISTMENT BONUS FOR ACTIVE MEMBERS- Section 308(g) of such title is amended by striking `December 31, 1999' and inserting `December 31, 2000'.

(c) ENLISTMENT BONUS FOR PERSONS WITH CRITICAL SKILLS- Section 308a(d) of such title, as redesignated by section 618(b), is amended by striking `December 31, 1999' and inserting `December 31, 2000'.

(d) ARMY ENLISTMENT BONUS- Section 308f(c) of such title is amended by striking `December 31, 1999' and inserting `December 31, 2000'.

(e) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING PERIOD OF ACTIVE SERVICE- Section 312(e) of such title is amended by striking `December 31, 1999' and inserting `December 31, 2000'.

(f) NUCLEAR CAREER ACCESSION BONUS- Section 312b(c) of such title is amended by striking `December 31, 1999' and inserting `December 31, 2000'.

(g) NUCLEAR CAREER ANNUAL INCENTIVE BONUS- Section 312c(d) of such title is amended by striking `October 1, 1998,' and all that follows through the period at the end and inserting `December 31, 2000.'.

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

(a) AVAILABILITY OF INCENTIVE PAY- Section 301a(b) of title 37, United States Code is amended by adding at the end the following new paragraph:

`(4) An officer serving as an air battle manager who is entitled to aviation career incentive pay under this section and who, before becoming entitled to aviation career incentive pay, was entitled to incentive pay under section 301(a)(11) of this title, is entitled to monthly incentive pay at a rate equal to the greater of the following:

`(A) The rate applicable under this subsection.

`(B) The rate at which the member was receiving incentive pay under section 301(c)(2)(A) of this title immediately before the member's entitlement to aviation career incentive pay under this section.'.

(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on the first day of the first month that begins on or after the date of the enactment of this Act.

SEC. 615. EXPANSION OF AUTHORITY TO PROVIDE SPECIAL PAY TO AVIATION CAREER OFFICERS EXTENDING PERIOD OF ACTIVE DUTY.

(a) ELIGIBILITY CRITERIA- Subsection (b) of section 301b of title 37, United States Code, is amended--

(1) by striking paragraphs (2) and (5);

(2) in paragraph (3), by striking `grade O-6' and inserting `grade O-7';

(3) by inserting `and' at the end of paragraph (4); and

(4) by redesignating paragraphs (3), (4), and (6) as paragraphs (2), (3), and (4), respectively.

(b) AMOUNT OF BONUS- Subsection (c) of such section is amended by striking `than--' and all that follows through the period at the end and inserting `than $25,000 for each year covered by the written agreement to remain on active duty.'.

(c) PRORATION AUTHORITY FOR COVERAGE OF INCREASED PERIOD OF ELIGIBILITY- Subsection (d) of such section is amended by striking `14 years of commissioned service' and inserting `25 years of aviation service'.

(d) REPEAL OF CONTENT REQUIREMENTS FOR ANNUAL REPORT- Subsection (i)(1) of such section is amended by striking the second sentence.

(e) DEFINITIONS REGARDING AVIATION SPECIALTY- Subsection (j) of such section is amended--

(1) by striking paragraphs (2) and (3); and

(2) by redesignating paragraph (4) as paragraph (2).

(f) TECHNICAL AMENDMENT- Subsection (g)(3) of such section if amended by striking the second sentence.

(g) EFFECTIVE DATE- The amendments made by this section shall take effect on the first day of the first month that begins on or after the date of the enactment of this Act.

SEC. 616. DIVING DUTY SPECIAL PAY.

(a) INCREASE IN PAYMENT AMOUNT- Subsection (b) of section 304 of title 37, United States Code, is amended--

(1) by striking `$200' and inserting `$240'; and

(2) by striking `$300' and inserting `$340'.

(b) RELATION TO HAZARDOUS DUTY INCENTIVE PAY- Subsection (c) of such section 304 is amended to read as follows:

`(c) If, in addition to diving duty, a member is assigned by orders to one or more hazardous duties described in section 301 of this title, the member may be paid, for the same period of service, special pay under this section and incentive pay under such section 301 for each hazardous duty for which the member is qualified.'.

(c) EFFECTIVE DATE- The amendments made by this section shall take effect on the first day of the first month that begins on or after the date of the enactment of this Act.

SEC. 617. REENLISTMENT BONUS.

(a) MINIMUM MONTHS OF ACTIVE DUTY- Subsection (a)(1)(A) of section 308 of title 37, United States Code, is amended by striking `twenty-one months' and inserting `17 months'.

(b) AMOUNT OF BONUS- Subsection (a)(2) of such section is amended--

(1) in subparagraph (A)(i), by striking `ten' and inserting `15'; and

(2) in subparagraph (B), by striking `$45,000' and inserting `$60,000'.

SEC. 618. ENLISTMENT BONUS.

(a) INCREASE IN BONUS AMOUNT- Subsection (a) of section 308a of title 37, United States Code, is amended by striking `$12,000' and inserting `$20,000'.

(b) PAYMENT METHODS- Such section is further amended--

(1) in subsection (a), by striking the second sentence;

(2) by redesignating subsections (b) and (c) as subsections (c) and (d); and

(3) by inserting after subsection (a) the following new subsection:

`(b) PAYMENT METHODS- A bonus under this section may be paid in a single lump sum, or in periodic installments, to provide an extra incentive for a member to successfully complete the training necessary for the member to be technically qualified in the skill for which the bonus is paid.'.

(c) STYLISTIC AMENDMENTS- Such section is further amended--

(1) in subsection (a), by inserting `BONUS AUTHORIZED; BONUS AMOUNT- ' after `(a)';

(2) in subsection (c), as redesignated by subsection (b)(2) of this section, by inserting `REPAYMENT OF BONUS- ' after `(c)'; and

(3) in subsection (d), as redesignated by subsection (b)(2) of this section, by inserting `TERMINATION OF AUTHORITY- ' after `(d)'.

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

Paragraph (2) of section 308i(a) of title 37, United States Code, is amended to read as follows:

`(2) A bonus may only be paid under this section to a person who meets each of the following requirements:

`(A) The person has completed a military service obligation, but has less than 14 years of total military service, and received an honorable discharge at the conclusion of that military service obligation.

`(B) The person was not released, or is not being released, from active service for the purpose of enlistment in a reserve component.

`(C) The person is projected to occupy, or is occupying, a position as a member of the Selected Reserve in a specialty in which the person--

`(i) successfully served while a member on active duty and attained a level of qualification while on active duty commensurate with the grade and years of service of the member; or

`(ii) has completed training or retraining in the specialty skill that is designated as critically short and attained a level of qualification in the specialty skill that is commensurate with the grade and years of service of the member.

`(D) The person has not previously been paid a bonus (except under this section) for enlistment, reenlistment, or extension of enlistment in a reserve component.'.

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

(a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING PERIOD OF ACTIVE SERVICE- Section 312(a) of title 37, United States Code, is amended by striking `$15,000' and inserting `$25,000'.

(b) NUCLEAR CAREER ACCESSION BONUS- Section 312b(a)(1) of such title is amended by striking `$10,000' and inserting `$20,000'.

(c) NUCLEAR CAREER ANNUAL INCENTIVE BONUSES- Section 312c of such title is amended--

(1) in subsection (a)(1), by striking `$12,000' and inserting `$22,000'; and

(2) in subsection (b)(1), by striking `$5,500' and inserting `$10,000'.

(d) EFFECTIVE DATE- (1) The amendments made by this section shall take effect on October 1, 1999.

(2) The amendments made by subsections (a) and (b) shall apply with respect to agreements accepted under section 312(a) and 312b(a), respectively, of title 37, United States Code, on or after October 1, 1999.

(3) The amendments made by subsection (c) shall apply with respect to nuclear service years beginning on or after October 1, 1999.

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

(a) INCREASE- Section 316(b) of title 37, United States Code, is amended by striking `$100' and inserting `$300'.

(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on the first day of the first month that begins on or after the date of the enactment of this Act.

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

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

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

`(a) SPECIAL WARFARE OFFICER DEFINED- In this section, the term `special warfare officer' means an officer of a uniformed service who--

`(1) is qualified for a military occupational specialty or designator identified by the Secretary concerned as a special warfare military occupational specialty or designator; and

`(2) is serving in a position for which that specialty or designator is authorized.

`(b) RETENTION BONUS AUTHORIZED- A special warfare officer who meets the eligibility requirements specified in subsection (c) and who executes a written agreement, on or after October 1, 1999, to remain on active duty in special warfare service for at least one year may, upon the acceptance of the agreement by the Secretary concerned, be paid a retention bonus as provided in this section.

`(c) ELIGIBLE OFFICERS- A special warfare officer may apply to enter into an agreement referred to in subsection (b) if the officer--

`(1) is in pay grade O-3, or is in pay grade O-4 and is not on a list of officers recommended for promotion, at the time the officer applies to enter into the agreement;

`(2) has completed at least 6, but not more than 14, years of active commissioned service; and

`(3) has completed any service commitment incurred to be commissioned as an officer.

`(d) AMOUNT OF BONUS- The amount of a retention bonus paid under this section may not be more than $15,000 for each year covered by the agreement.

`(e) PRORATION- The term of an agreement under subsection (b) and the amount of the retention bonus payable under subsection (d) may be prorated as long as the agreement does not extend beyond the date on which the officer executing the agreement would complete 14 years of active commissioned service.

`(f) PAYMENT METHODS- (1) Upon acceptance of an agreement under subsection (b) by the Secretary concerned, the total amount payable pursuant to the agreement becomes fixed.

`(2) The amount of the retention bonus may be paid as follows:

`(A) At the time the agreement is accepted by the Secretary concerned, the Secretary may make a lump sum payment equal to half the total amount payable under the agreement. The balance of the bonus amount shall be paid in equal annual installments on the anniversary of the acceptance of the agreement.

`(B) The Secretary concerned may make graduated annual payments under regulations prescribed by the Secretary, with the first payment being payable at the time the agreement is accepted by the Secretary and subsequent payments being payable on the anniversary of the acceptance of the agreement.

`(g) ADDITIONAL PAY- A retention bonus paid under this section is in addition to any other pay and allowances to which an officer is entitled.

`(h) REPAYMENT- (1) If an officer who has entered into an agreement under subsection (b) and has received all or part of a retention bonus under this section fails to complete the total period of active duty in special warfare service as specified in the agreement, the Secretary concerned may require the officer to repay the United States, on a pro rata basis and to the extent that the Secretary determines conditions and circumstances warrant, all sums paid the officer under this section.

`(2) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owed to the United States.

`(3) A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement entered into under subsection (a) does not discharge the officer signing the agreement from a debt arising under such agreement or under paragraph (1).

`(i) REGULATIONS- The Secretaries concerned shall prescribe regulations to carry out this section, including the definition of the term `special warfare service' for purposes of this section. Regulations prescribed by the Secretary of a military department under this section shall be subject to the approval of the Secretary of Defense.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 5 of title 37, United States Code is amended by adding at the end the following new item:

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

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

(a) INCENTIVE PAY AUTHORIZED- Chapter 5 of title 37, United States Code, is amended by inserting after section 318, as added by section 622, the following new section:

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

`(a) ELIGIBLE SURFACE WARFARE OFFICER DEFINED- In this section, the term `eligible surface warfare officer' means an officer of the Regular Navy or Naval Reserve on active duty who--

`(1) is qualified and serving as a surface warfare officer;

`(2) has been selected for assignment as a department head on a surface vessel; and

`(3) has completed any service commitment incurred through the officer's original commissioning program.

`(b) SPECIAL PAY AUTHORIZED- An eligible surface warfare officer who executes a written agreement, on or after October 1, 1999, to remain on active duty to complete one or more tours of duty to which the officer may be ordered as a department head on a surface ship may, upon the acceptance of the agreement by the Secretary of the Navy, be paid an amount not to exceed $50,000.

`(c) PRORATION- The term of the written agreement under subsection (b) and the amount payable under the agreement may be prorated.

`(d) PAYMENT METHODS- Upon acceptance of the written agreement under subsection (b) by the Secretary of the Navy, the total amount payable pursuant to the agreement becomes fixed. The Secretary shall prepare an implementation plan specifying the amount of each installment payment under the agreement and the times for payment of the installments.

`(e) ADDITIONAL PAY- Any amount paid under this section is in addition to any other pay and allowances to which an officer is entitled.

`(f) REPAYMENT- (1) If an officer who has entered into a written agreement under subsection (b) and has received all or part of the amount payable under the agreement fails to complete the total period of active duty as a department head on a surface ship specified in the agreement, the Secretary of the Navy may require the officer to repay the United States, to the extent that the Secretary of the Navy determines conditions and circumstances warrant, any or all sums paid under this section.

`(2) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owned to the United States.

`(3) A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement entered into under subsection (b) does not discharge the officer signing the agreement from a debt arising under such agreement or under paragraph (1).

`(g) REGULATIONS- The Secretary of the Navy shall prescribe regulations to carry out this section.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 5 of title 37, United States Code, is amended by inserting after the item relating to section 318 the following new item:

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

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

(a) INCENTIVE PAY AUTHORIZED- Chapter 5 of title 37, United States Code, is amended by inserting after section 319, as added by section 623, the following new section:

`Sec. 320. Incentive pay: career enlisted flyers

`(a) ELIGIBLE CAREER ENLISTED FLYER DEFINED- In this section, the term `eligible career enlisted flyer' means an enlisted member of the armed forces who--

`(1) is entitled to basic pay under section 204 of this title, or is entitled to pay under section 206 of this title as described in subsection (e) of this section;

`(2) holds an enlisted military occupational specialty or enlisted military rating designated as a career enlisted flyer specialty or rating by the Secretary concerned, performs duty as a dropsonde system operator, or is in training leading to qualification and designation of such a specialty or rating or the performance of such duty;

`(3) is qualified for aviation service under regulations prescribed by the Secretary concerned; and

`(4) satisfies the operational flying duty requirements applicable under subsection (c).

`(b) INCENTIVE PAY AUTHORIZED- (1) The Secretary concerned may pay monthly incentive pay to an eligible career enlisted flyer in an amount not to exceed the monthly maximum amounts specified in subsection (d). The incentive pay may be paid as continuous monthly incentive pay or on a month-to-month basis, dependent upon the operational flying duty performed by the eligible career enlisted flyer as prescribed in subsection (c).

`(2) Continuous monthly incentive pay may not be paid to an eligible career enlisted flyer after the member completes 25 years of aviation service. Thereafter, an eligible career enlisted flyer may still receive incentive pay on a month-to-month basis under subsection (c)(4) for the frequent and regular performance of operational flying duty.

`(c) OPERATIONAL FLYING DUTY REQUIREMENTS- (1) An eligible career enlisted flyer must perform operational flying duties for 6 of the first 10, 9 of the first 15, and 14 of the first 20 years of aviation service, to be eligible for continuous monthly incentive pay under this section.

`(2) Upon completion of 10, 15, or 20 years of aviation service, an enlisted member who has not performed the minimum required operational flying duties specified in paragraph (1) during the prescribed period, although otherwise meeting the definition in subsection (a), may no longer be paid continuous monthly incentive pay except as provided in paragraph (3). Payment of continuous monthly incentive pay if the member meets the minimum operational flying duty requirement upon completion of the next established period of aviation service.

`(3) For the needs of the service, the Secretary concerned may permit, on a case-by-case basis, a member to continue to receive continuous monthly incentive pay despite the member's failure to perform the operational flying duty required during the first 10, 15, or 20 years of aviation service, but only if the member otherwise meets the definition in subsection (a) and has performed at least 5 years of operational flying duties during the first 10 years of aviation service, 8 years of operational flying duties during the first 15 years of aviation service, or 12 years of operational flying duty during the first 20 years of aviation service. The authority of the Secretary concerned under this paragraph may not be delegated below the level of the Service Personnel Chief.

`(4) If the eligibility of an eligible career enlisted flyer to continuous monthly incentive pay ceases under subsection (b)(2) or paragraph (2), the member may still receive month-to-month incentive pay for subsequent frequent and regular performance of operational flying duty. The rate payable is the same rate authorized by the Secretary concerned under subsection (d) for a member of corresponding years of aviation service.

`(d) MONTHLY MAXIMUM INCENTIVE PAY- The monthly rate for incentive pay under this section may not exceed the amounts specified in the following table for the applicable years of aviation service:

$150

$225

$350

$400

`(e) ELIGIBILITY OF RESERVE COMPONENT MEMBERS WHEN PERFORMING INACTIVE DUTY TRAINING- Under regulations prescribed by the Secretary concerned, when a member of a reserve component or the National Guard, who is entitled to compensation under section 206 of this title, meets the definition of eligible career enlisted flyer, the Secretary concerned may increase the member's compensation by an amount equal to 1/30 of the monthly incentive pay authorized by the Secretary concerned under subsection (d) for a member of corresponding years of aviation service who is entitled to basic pay under section 204 of this title. The reserve component member may receive the increase for as long as the member is qualified for it, for each regular period of instruction or period of appropriate duty, at which the member is engaged for at least two hours, or for the performance of such other equivalent training, instruction, duty or appropriate duties, as the Secretary may prescribe under section 206(a) of this title.

`(f) RELATION TO HAZARDOUS DUTY INCENTIVE PAY OR DIVING DUTY SPECIAL PAY- A member receiving special pay under section 301(a) or 304 of this title may not be paid incentive pay under this section for the same period of service.

`(g) SAVE PAY PROVISION- If, immediately before a member receives incentive pay under this section, the member was entitled to incentive pay under section 301(a) of this title, the rate at which the member is paid incentive pay under this section shall be equal to the higher of the monthly amount applicable under subsection (d) or the rate of incentive pay the member was receiving under subsection (b) or (c)(2)(A) of section 301 of this title.

`(h) SPECIALTY CODE OF DROPSONDE SYSTEM OPERATORS- Within the Air Force, the Secretary of the Air Force shall assign to members who are dropsonde system operators a specialty code that identifies such members as serving in a weather specialty.

`(i) DEFINITIONS- In this section:

`(1) The term `aviation service' means participation in aerial flight performed, under regulations prescribed by the Secretary concerned, by an eligible career enlisted flyer.

`(2) The term `operational flying duty' means flying performed under competent orders while serving in assignments, including an assignment as a dropsonde system operator, in which basic flying skills normally are maintained in the performance of assigned duties as determined by the Secretary concerned, and flying duty performed by members in training that leads to the award of an enlisted aviation rating or military occupational specialty designated as a career enlisted flyer rating or specialty by the Secretary concerned.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 5 of title 37, United States Code, is amended by inserting after the item relating to section 319 the following new item:

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

SEC. 625. AUTHORIZATION OF JUDGE ADVOCATE CONTINUATION PAY.

(a) INCENTIVE PAY AUTHORIZED- (1) Chapter 5 of title 37, United States Code, is amended by inserting after section 320, as added by section 624, the following new section:

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

`(a) ELIGIBLE JUDGE ADVOCATE DEFINED- In this section, the term `eligible judge advocate' means an officer of the armed forces on full-time active duty who--

`(1) is qualified and serving as a judge advocate, as defined in section 801 of title 10; and

`(2) has completed any service commitment incurred through the officer's original commissioning program.

`(b) SPECIAL PAY AUTHORIZED- An eligible judge advocate who executes a written agreement, on or after October 1, 1999, to remain on active duty for a period of obligated service specified in the agreement may, upon the acceptance of the agreement by the Secretary concerned, be paid an amount not to exceed $60,000.

`(c) PRORATION- The term of the written agreement under subsection (b) and the amount payable under the agreement may be prorated.

`(d) PAYMENT METHODS- Upon acceptance of the written agreement under subsection (b) by the Secretary concerned, the total amount payable pursuant to the agreement becomes fixed. The Secretary shall prepare an implementation plan specifying the amount of each installment payment under the agreement and the times for payment of the installments.

`(e) ADDITIONAL PAY- Any amount paid under this section is in addition to any other pay and allowances to which an officer is entitled.

`(f) REPAYMENT- (1) If an officer who has entered into a written agreement under subsection (b) and has received all or part of the amount payable under the agreement fails to complete the total period of active duty specified in the agreement, the Secretary concerned may require the officer to repay the United States, to the extent that the Secretary determines conditions and circumstances warrant, any or all sums paid under this section.

`(2) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owned to the United States.

`(3) A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement entered into under subsection (b) does not discharge the officer signing the agreement from a debt arising under such agreement or under paragraph (1).

`(g) REGULATIONS- The Secretary concerned shall prescribe regulations to carry out this section.'.

(2) The table of sections at the beginning of chapter 5 of title 37, United States Code, is amended by inserting after the item relating to section 320 the following new item:

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

(b) STUDY AND REPORT ON ADDITIONAL RECRUITMENT AND RETENTION INITIATIVES- (1) The Secretary of Defense shall conduct a study regarding the need for additional incentives to improve the recruitment and retention of judge advocates for the Armed Forces. At a minimum, the Secretary shall consider as possible incentives constructive service credit for basic pay, educational loan repayment, and Federal student loan relief.

(2) Not later than March 31, 2000, the Secretary shall submit to Congress a report containing the findings and recommendations resulting from the study.

Subtitle C--Travel and Transportation Allowances

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

Section 404(i) of title 37, United States Code, is amended--

(1) in paragraph (1), by adding at the end the following new sentence: `If transient government housing is unavailable, the Secretary concerned may provide the member with lodging in kind in the same manner as members entitled to such allowances under subsection (a).'; and

(2) in paragraph (3)--

(A) by inserting after `paragraph (1)' the following: `and expenses of providing lodging in kind under such paragraph'; and

(B) by adding at the end the following new sentence: `Use of Government charge cards is authorized for payment of these expenses.'.

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

(a) AUTHORITY TO PAY OR REIMBURSE- Section 404a(a) of title 37, United States Code, is amended

(1) in paragraph (1), by striking `or' at the end;

(2) in paragraph (2), by inserting `or' after the semicolon; and

(3) by inserting after paragraph (2) the following new paragraph:

`(3) in the case of an enlisted member who is reporting to the member's first permanent duty station, from the member's home of record or initial technical school to that first permanent duty station;'.

(b) DURATION- Such section is further amended--

(1) in the second sentence, by striking `clause (1)' and inserting `paragraph (1) or (3)'; and

(2) in the third sentence, by striking `clause (2)' and inserting `paragraph (2)'.

SEC. 633. EMERGENCY LEAVE TRAVEL COST LIMITATIONS.

Section 411d(b)(1) of title 37, United States Code, is amended--

(1) in subparagraph (A), by striking `or' at the end;

(2) by redesignating subparagraph (B) as subparagraph (C); and

(3) by inserting after subparagraph (A) the following new subparagraph:

`(B) to any airport in the continental United States to which travel can be arranged at the same or a lower cost as travel obtained under subparagraph (A); or'.

Subtitle D--Retired Pay Reform

SEC. 641. REDUX RETIRED PAY SYSTEM APPLICABLE ONLY TO MEMBERS ELECTING NEW 15-YEAR CAREER STATUS BONUS.

(a) RETIRED PAY MULTIPLIER- Paragraph (2) of section 1409(b) of title 10, United States Code, is amended by inserting `has elected to receive a bonus under section 321 of title 37,' after `July 31, 1986,'.

(b) COST-OF-LIVING ADJUSTMENTS- Paragraph (3) of section 1401a(b) of such title is amended to read as follows:

`(3) POST-AUGUST 1, 1986 MEMBERS-

`(A) MEMBERS ELECTING 15-YEAR CAREER STATUS BONUS- In the case of a member or former member who first became a member on or after August 1, 1986, and who elected to receive a bonus under section 321 of title 37, the Secretary shall increase the retired pay of the member or former member (unless the percent determined under paragraph (2) is less than 1 percent) by the difference between--

`(i) the percent determined under paragraph (2); and

`(ii) 1 percent.

`(B) MEMBERS NOT ELECTING 15-YEAR CAREER STATUS BONUS- In the case of a member or former member who first became a member on or after August 1, 1986, and who did not elect to receive a bonus under section 321 of title 37, the Secretary shall increase the retired pay of the member or former member--

`(i) if the percent determined under paragraph (2) is equal to or greater than 3 percent, by the difference between--

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

`(II) 1 percent; and

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

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

`(II) 2 percent.'.

(c) RECOMPUTATION OF RETIRED PAY AT AGE 62- Section 1410 of such title is amended--

(1) by inserting `(a) IN GENERAL- ' before `In the case of';

(2) by inserting after `62 years of age,' the following: `in accordance with subsection (b) or (c), as applicable.

`(b) MEMBERS RECEIVING CAREER STATUS BONUS- In the case of a member or former member described in subsection (a) who received a bonus under section 321 of title 37, the retired pay of the member or former member shall be recomputed under subsection (a)';

(3) by striking `that date' and inserting `the effective date of the recomputation'; and

(4) by adding at the end the following:

`(c) MEMBERS NOT RECEIVING CAREER STATUS BONUS- In the case of a member or former member described in subsection (a) who did not receive a bonus under section 321 of title 37, the retired pay of the member or former member shall be recomputed under subsection (a) so as to be the amount equal to the amount of retired pay to which the member or former member would be entitled on the effective date of the recomputation if increases in the retired pay of the member or former member under section 1401a(b) of this title had been computed as provided in paragraph (2) of that section (rather than under paragraph (3)(B) of that section).'.

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

(a) CAREER SERVICE BONUS- Chapter 5 of title 37, United States Code, is amended by inserting after section 321, as added by section 625, the following new section:

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

`(a) ELIGIBLE CAREER BONUS MEMBER DEFINED- In this section, the term `eligible career bonus member' means a member of a uniformed service serving on active duty who--

`(1) first became a member on or after August 1, 1986; and

`(2) has completed 15 years of active duty in the uniformed services (or has received notification under subsection (e) that the member is about to complete that duty).

`(b) AVAILABILITY OF BONUS- The Secretary concerned shall pay a bonus under this section to an eligible career bonus member if the member--

`(1) elects to receive the bonus under this section; and

`(2) executes a written agreement (prescribed by the Secretary concerned) to remain continuously on active duty until the member has completed 20 years of active-duty service creditable under section 1405 of title 10, if the member is not already obligated to remain on active duty for a period that would result in at least 20 years of active-duty service.

`(c) ELECTION METHOD- The election under subsection (b)(1) shall be made in such form and within such period as the Secretary concerned may prescribe. An election under such subsection is irrevocable.

`(d) AMOUNT OF BONUS; PAYMENT- (1) A bonus under this section shall be paid in one lump sum of $30,000.

`(2) The bonus shall be paid to an eligible career bonus member not later than the first month that begins on or after the date that is 60 days after the date on which the Secretary concerned receives from the member the election required under subsection (b)(1) and the written agreement required under subsection (b)(2), if applicable.

`(e) NOTIFICATION OF ELIGIBILITY- (1) The Secretary concerned shall transmit to each member who satisfies the definition of eligible career bonus member a written notification of the opportunity of the member to elect to receive a bonus under this section. The Secretary shall provide the notification not later than 180 days before the date on which the member will complete 15 years of active duty.

`(2) The notification shall include the following:

`(A) The procedures for electing to receive the bonus.

`(B) An explanation of the effects under sections 1401a, 1409, and 1410 of title 10 that such an election has on the computation of any retired or retainer pay that the member may become eligible to receive.

`(f) REPAYMENT OF BONUS- (1) If a person paid a bonus under this section fails to complete the total period of active duty specified in subsection (b)(2), the person shall refund to the United States the amount that bears the same ratio to the amount of the bonus payment as the unserved part of that total period bears to the total period.

`(2) Subject to paragraph (3), an obligation to reimburse the United States imposed under paragraph (1) is for all purposes a debt owed to the United States.

`(3) The Secretary concerned may waive, in whole or in part, a refund required under paragraph (1) if the Secretary concerned determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States.

`(4) A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement under this section does not discharge the member signing such agreement from a debt arising under the agreement or this subsection.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 321 the following new item:

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

SEC. 643. CONFORMING AMENDMENTS.

(a) CONFORMING AMENDMENT TO SURVIVOR BENEFIT PLAN PROVISION- Section 1451(h)(3) of title 10, United States Code, is amended by inserting `OF CERTAIN MEMBERS' after `RETIREMENT'.

(b) RELATED TECHNICAL AMENDMENTS- Chapter 71 of such title is amended as follows:

(1) Section 1401a(b) is amended by striking the heading for paragraph (1) and inserting `INCREASE REQUIRED- '.

(2) Section 1409(b)(2) is amended by inserting `CERTAIN' in the paragraph heading after `REDUCTION APPLICABLE TO'.

SEC. 644. EFFECTIVE DATE.

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

Subtitle E--Other Retired Pay and Survivor Benefit Matters

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

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

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

`(a) AUTHORITY FOR LATER TIME-OF-DEATH DETERMINATION TO ALLOW DISABILITY RETIREMENT- In the case of a member of the armed forces who dies in a civilian medical facility in a State, the Secretary concerned may, solely for the purpose of allowing retirement of the member under section 1201 or 1204 of this title and subject to subsection (b), specify a date and time of death of the member later than the date and time of death determined by the attending physician in that civilian medical facility.

`(b) LIMITATIONS- A date and time of death may be determined by the Secretary concerned under subsection (a) only if that date and time--

`(1) are consistent with the date and time of death that reasonably could have been determined by an attending physician in a military medical facility if the member had died in a military medical facility in the same State as the civilian medical facility; and

`(2) are not more than 48 hours later than the date and time of death determined by the attending physician in the civilian medical facility.

`(c) STATE DEFINED- In this section, the term `State' includes the District of Columbia and any Commonwealth or possession of the United States.'.

(2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1219 the following new item:

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

(b) EFFECTIVE DATE- (1) Section 1220 of title 10, United States Code, as added by subsection (a), shall apply with respect to any member of the Armed Forces dying in a civilian medical facility on or after January 1, 1998.

(2) In the case of any such member dying on or after such date and before the date of the enactment of this Act, any specification by the Secretary concerned under such section with respect to the date and time of death of such member shall be made not later than 180 days after the date of the enactment of this Act.

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

(a) COVERAGE OF SURVIVING SPOUSES OF ALL GRAY AREA RETIREES- Section 644(a)(1)(B) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1800) is amended by striking `during the period beginning on September 21, 1972, and ending on' and inserting `before'.

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

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

(a) NONREGULAR SERVICE MILITARY RETIREES- (1) Chapter 1217 of title 10, United States Code, is amended by adding at the end the following new section:

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

`(a) PRESENTATION OF FLAG- Upon the transfer from an active status or discharge of a Reserve who has completed the years of service required for eligibility for retired pay under chapter 1223 of this title, the Secretary concerned shall present a United States flag to the member.

`(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED- A member is not eligible for presentation of a flag under subsection (a) if the member has previously been presented a flag under this section or any provision of law providing for the presentation of a United States flag incident to release from active service for retirement.

`(c) NO COST TO RECIPIENT- The presentation of a flag under this section shall be at no cost to the recipient.'.

(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

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

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

`PRESENTATION OF UNITED STATES FLAG UPON RETIREMENT

`SEC. 213. (a) Upon the release of an officer of the commissioned corps of the Service from active commissioned service for retirement, the Secretary of Health and Human Services shall present a United States flag to the officer.

`(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED- An officer is not eligible for presentation of a flag under subsection (a) if the officer has previously been presented a flag under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement.

`(c) NO COST TO RECIPIENT- The presentation of a flag under this section shall be at no cost to the recipient.'.

(c) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION- The Coast and Geodetic Survey Commissioned Officers' Act of 1948 is amended by inserting after section 24 (33 U.S.C. 853u) the following new section:

`SEC. 25. (a) Upon the release of a commissioned officer from active commissioned service for retirement, the Secretary of Commerce shall present a United States flag to the officer.

`(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED- An officer is not eligible for presentation of a flag under subsection (a) if the officer has previously been presented a flag under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement.

`(c) NO COST TO RECIPIENT- The presentation of a flag under this section shall be at no cost to the recipient.'.

(d) EFFECTIVE DATE- Section 12605 of title 10, United States Code (as added by subsection (a)), section 413 of the Public Health Service Act (as added by subsection (b)), and section 25 of the Coast and Geodetic Survey Commissioned Officers' Act of 1948 (as added by subsection (c)) shall apply with respect to releases from service described in those sections on or after October 1, 1999.

(e) CONFORMING AMENDMENTS TO PRIOR LAW- Sections 3681(b), 6141(b), and 8681(b) of title 10, United States Code, and section 516(b) of title 14, United States Code, are each amended by striking `under this section' and all that follows through the period and inserting `under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement.'.

SEC. 654. ACCRUAL FUNDING FOR RETIREMENT SYSTEM FOR COMMISSIONED CORPS OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.

(a) INCLUSION OF NOAA OFFICERS IN DOD MILITARY RETIREMENT FUND- Section 1461 of title 10, United States Code, is amended--

(1) in subsection (a), by inserting `and the Department of Commerce' after `Department of Defense';

(2) in subsection (b)--

(A) by inserting `and the Coast and Geodetic Survey Commissioned Officers' Act of 1948 (33 U.S.C. 853a et seq.)' in paragraph (1) after `this title';

(B) by striking `and' at the end of paragraph (2);

(C) by striking the period at the end of paragraph (3) and inserting `; and'; and

(D) by adding at the end the following new paragraph:

`(4) the programs under the jurisdiction of the Department of Commerce providing annuities for survivors of members and former members of the NOAA Corps.'; and

(3) by adding at the end the following new subsection:

`(c) In this chapter, the term `NOAA Corps' means the National Oceanic and Atmospheric Administration Commissioned Corps and its predecessors.'.

(b) PAYMENTS FROM THE FUND- Section 1463(a) of such title is amended--

(1) in paragraph (1), by striking `and Marine Corps' and inserting `Marine Corps, and the NOAA Corps'; and

(2) in paragraph (4)--

(A) by inserting `and the Department of Commerce' after `Department of Defense'; and

(B) by striking `armed forces' and inserting `uniformed services'.

(c) REPORTS BY BOARD OF ACTUARIES- Section 1464(b) of such title is amended by inserting `and the Secretary of Commerce with respect to the NOAA Corps' after `Secretary of Defense'.

(d) DEPARTMENT OF COMMERCE CONTRIBUTIONS TO THE FUND- Section 1465 of such title is amended as follows:

(1) Subsection (a) is amended--

(A) by inserting `(1)' after `(a)'; and

(B) by adding at the end the following new paragraph:

`(2) Not later than January 1, 2000, the Secretary of Commerce shall provide to the Board the amount that is the present value (as of October 1, 1999) of future benefits payable from the Fund that are attributable to service in the NOAA Corps performed before October 1, 1999. That amount is the NOAA Corps original unfunded liability of the Fund. The Board shall determine the period of time over which that unfunded liability should be liquidated and shall determine an amortization schedule for the liquidation of such liability over that period. Contributions to the Fund for the liquidation of the original unfunded liability in accordance with that schedule shall be made as provided in section 1466(b) of this title.'.

(2) Subsection (b) is amended--

(A) in paragraph (1)--

(i) by inserting `and the Secretary of Commerce' after `Secretary of Defense' in the matter preceding subparagraph (A);

(ii) by inserting `and the Department of Commerce contributions with respect to the NOAA Corps' after `Department of Defense contributions' in the matter preceding subparagraph (A); and

(iii) by adding at the end the following new subparagraph:

`(C) The product of--

`(i) the current estimate of the value of the single level percentage of basic pay to be determined under subsection (c)(1)(C) at the time of the next actuarial valuation under subsection (c); and

`(ii) the total amount of basic pay expected to be paid during that fiscal year to members of the NOAA Corps.'; and

(B) in paragraph (2)--

(i) by inserting `and the Department of Commerce' after `Department of Defense'; and

(ii) by inserting `and shall include separate amounts for the Department of Defense and the Department of Commerce' after `section 1105 of title 31'.

(3) Subsection (c)(1) is amended--

(A) by inserting `and the Secretary of Commerce with respect to the NOAA Corps' in the first sentence after `Secretary of Defense';

(B) by striking `and' at the end of subparagraph (A);

(C) by striking the period at the end of subparagraph (B) and inserting `; and'; and

(D) by inserting after subparagraph (B) the following new subparagraph:

`(C) a determination (using the aggregate entry-age normal cost method) of a single level percentage of basic pay for members of the NOAA Corps.'.

(e) PAYMENTS INTO THE FUND- Section 1466 of such title is amended--

(1) in subsection (a)--

(A) by inserting `and the Secretary of Commerce with respect to the NOAA Corps' after `Secretary of Defense';

(B) by striking `Department of Defense' after `each month as the';

(C) by inserting `and 1465(c)(1)(C)' in paragraph (1)(A) after `section 1465(c)(1)(A)';

(D) by inserting `and by members of the NOAA Corps' in paragraph (1)(B) before the period; and

(E) by inserting `or members of the NOAA Corps' before the period at the end of the last sentence of that subsection;

(2) in subsection (b)(2), by inserting `and the NOAA original unfunded liability' after `original unfunded liability'; and

(3) by adding at the end the following new subsection:

`(c)(1) The Secretary of Transportation shall process, on behalf of the Fund, payments under section 1463 of this title to members on the retired list of the NOAA Corps and to survivors of members and former members of the NOAA Corps.

`(2) Payments made by the Secretary of Transportation under paragraph (1) shall be charged against the Fund.'.

(f) EFFECTIVE DATE- The amendments made by this section shall take effect on October 1, 1999.

SEC. 655. DISABILITY RETIREMENT OR SEPARATION FOR CERTAIN MEMBERS WITH PRE-EXISTING CONDITIONS.

(a) DISABILITY RETIREMENT- (1) Chapter 61 of title 10, United States Code, is amended by inserting after section 1207 the following new section:

`Sec. 1207a. Members with over eight years of active service: eligibility for disability retirement for pre-existing conditions

`(a) In the case of a member described in subsection (b) who would be covered by section 1201, 1202, or 1203 of this title but for the fact that the member's disability is determined to have been incurred before the member becoming entitled to basic pay in the member's current period of active duty, the disability shall be deemed to have been incurred while the member was entitled to basic pay and shall be so considered for purposes of determining whether it was incurred in the line of duty.

`(b) A member described in subsection (a) is a member with at least eight years of active service.'.

(2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1207 the following new item:

`1207a. Members with over eight years of active service: eligibility for disability retirement for pre-existing conditions.'.

(b) NONREGULAR SERVICE RETIREMENT- (1) Chapter 1223 of such title is amended by inserting after section 12731a the following new section:

`Sec. 12731b. Special rule for members with physical disabilities not incurred in line of duty

`In the case of a member of the Selected Reserve of a reserve component who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability, the Secretary concerned may, for purposes of section 12731 of this title, determine to treat the member as having met the service requirements of subsection (a)(2) of that section and provide the member with the notification required by subsection (d) of that section if the member has completed at least 15, and less than 20, years of service computed under section 12732 of this title.

`(b) Notification under subsection (a) may not be made if--

`(1) the disability was the result of the member's intentional misconduct, willful neglect, or willful failure to comply with standards and qualifications for retention established by the Secretary concerned; or

`(2) the disability was incurred during a period of unauthorized absence.'

(2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 12731a the following new item:

`12731b. Special rule for members with physical disabilities not incurred in line of duty.'.

(c) SEPARATION- Section 1206(5) of such title is amended by inserting `, in the case of a disability incurred before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2000,' after `determination, and'.

Subtitle F--Eligibility to Participate in the Thrift Savings Plan

SEC. 661. AUTHORITY FOR MEMBERS OF THE UNIFORMED SERVICES TO CONTRIBUTE TO THE THRIFT SAVINGS FUND.

(a) AUTHORITY FOR MEMBERS OF THE UNIFORMED SERVICES TO CONTRIBUTE TO THE THRIFT SAVINGS FUND- (1) Subchapter III of chapter 84 of title 5, United States Code, is amended by adding at the end the following:

`Sec. 8440e. Members of the uniformed services

`(a)(1) A member of the uniformed services performing active service may elect to contribute to the Thrift Savings Fund--

`(A) a portion of such individual's basic pay; or

`(B) a portion of any special or incentive pay payable to such individual under chapter 5 of title 37.

Any contribution under subparagraph (B) shall be made by direct transfer to the Thrift Savings Fund by the Secretary concerned.

`(2)(A) Except as provided in subparagraph (B), an election under paragraph (1) may be made only during a period provided under section 8432(b), subject to the same conditions as prescribed under paragraph (2)(A)-(D) thereof.

`(B)(i) Notwithstanding subparagraph (A), a member of the uniformed services performing active service on the effective date of this section may make the first such election during the 60-day period beginning on such effective date.

`(ii) An election made under this subparagraph shall take effect on the first day of the first applicable pay period beginning after the close of the 60-day period referred to in clause (i).

`(b)(1) Except as otherwise provided in this subsection, the provisions of this subchapter and subchapter VII shall apply with respect to members of the uniformed services making contributions to the Thrift Savings Fund.

`(2)(A) The amount contributed by a member of the uniformed services under subsection (a)(1)(A) for any pay period shall not exceed 5 percent of such member's basic pay for such pay period.

`(B) Nothing in this section or section 211 of title 37 shall be considered to waive any dollar limitation under the Internal Revenue Code of 1986 which otherwise applies with respect to the Thrift Savings Fund.

`(3) No contributions under section 8432(c) shall be made for the benefit of a member of the uniformed services making contributions to the Thrift Savings Fund under subsection (a).

`(4) In applying section 8433 to a member of the uniformed services who has an account balance in the Thrift Savings Fund, the reference in subsection (g)(1) or (h)(3) of section 8433 to contributions made under section 8432(a) shall be considered a reference to contributions made under any of sections 8351, 8432(a), 8432b(b), or 8440a-8440e.

`(c) For purposes of this section--

`(1) the term `basic pay' has the meaning given such term by section 204 of title 37;

`(2) the term `active service' means--

`(A) active duty for a period of more than 30 days, as defined by section 101(d)(2) of title 10; and

`(B) full-time National Guard duty, as defined by section 101(d)(5) of title 10;

`(3) the term `Secretary concerned' has the meaning given such term by section 101 of title 37; and

`(4) any reference to `separation from Government employment' shall be considered a reference to a release from active duty (not followed by a resumption of active duty, or an appointment to a position covered by chapter 83 or 84 of title 5 or an equivalent retirement system, as identified by the Executive Director in regulations) before the end of the 31-day period beginning on the day following the date of separation), a transfer to inactive status, or a transfer to a retired list pursuant to any provision of title 10.'.

(2) 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.'.

(b) AMENDMENTS RELATING TO THE EMPLOYEE THRIFT ADVISORY COUNCIL- Section 8473 of title 5, United States Code, is amended--

(1) in subsections (a) and (b) by striking `14 members' and inserting `15 members'; and

(2) in subsection (b) by striking `and' at the end of paragraph (8), by striking the period at the end of paragraph (9) and inserting `; and', and by adding at the end the following:

`(10) 1 shall be appointed to represent participants who are members of the uniformed services (within the meaning of section 8440e).'.

(c) TECHNICAL AND CONFORMING AMENDMENTS- (1) Paragraph (11) of section 8351(b) of title 5, United States Code, is amended by redesignating such paragraph as paragraph (8).

(2) Subparagraph (B) of section 8432b(b)(2) of title 5, United States Code, is amended by striking `section 8432(a)' and inserting `sections 8432(a) and 8440e, respectively,'.

(3)(A) Section 8439(a)(1) of title 5, United States Code, is amended--

(i) by inserting `or 8432b(d)' after `8432(c)(1)'; and

(ii) by striking `8351' and inserting `8351, 8432b(b), or 8440a-8440e'.

(B) Section 8439(a)(2)(A)(i) of title 5, United States Code, is amended by striking `8432(a) or 8351' and inserting `8351, 8432(a), 8432b(b), or 8440a-8440e'.

(C) Section 8439(a)(2)(A)(ii) of title 5, United States Code, is amended by striking `title;' and inserting `title (including subsection (c) or (d) of section 8432b);'.

(D) Section 8439(a)(2)(A) of title 5, United States Code, is amended by striking `and' at the end of clause (ii), by striking `, over' at the end of clause (iii) and inserting `; and', and by adding after clause (iii) the following:

`(iv) any other amounts paid, allocated, or otherwise credited to such individual's account, over'.

SEC. 662. CONTRIBUTIONS TO THRIFT SAVINGS FUND.

(a) IN GENERAL- (1) Chapter 3 of title 37, United States Code, is amended by adding at the end the following:

`Sec. 211. Contributions to Thrift Savings Fund

`A member of the uniformed services who is performing active service may elect to contribute, in accordance with section 8440e of title 5, a portion of the basic pay of the member for that service (or of any special or incentive pay under chapter 5 of this title which relates to that service) to the Thrift Savings Fund established by section 8437 of title 5.'.

(2) The table of sections at the beginning of such chapter is amended by adding at the end the following:

`211. Contributions to Thrift Savings Fund.'.

SEC. 663. REGULATIONS.

Not later than 180 days after the date of the enactment of this Act, the Executive Director (appointed by the Federal Retirement Thrift Investment Board) shall issue regulations to implement sections 8351 and 8440e of title 5, United States Code (as amended by section 661) and section 211 of title 37, United States Code (as amended by section 662).

SEC. 664. EFFECTIVE DATE.

(a) IN GENERAL- Except as otherwise provided in this section, the amendments made by this subtitle shall take effect one year after the date of the enactment of this Act, or on July 1, 2000, whichever is later.

(b) EXCEPTION- Nothing in this subtitle (or any amendment made by this subtitle) shall be considered to permit the making of any contributions under section 8440e(a)(1)(B) of title 5, United States Code (as amended by section 661), before December 1, 2000.

(c) EFFECTIVENESS CONTINGENT ON OFFSETTING LEGISLATION- (1) This subtitle shall be effective only if--

(A) the President, in the budget of the President for fiscal year 2001, proposes legislation which if enacted would be qualifying offsetting legislation; and

(B) there is enacted during the second session of the 106th Congress qualifying offsetting legislation.

(2) If the conditions in paragraph (1) are met, then, this section shall take effect on the date on which qualifying offsetting legislation is enacted or, if later, the effective date determined under subsection (a).

(3) For purposes of this subsection:

(A) The term `qualifying offsetting legislation' means legislation (other than an appropriations Act) that includes provisions that--

(i) offset fully the increased outlays for each of fiscal years 2000 through 2009 to be made by reason of the amendments made by this subtitle;

(ii) expressly state that they are enacted for the purpose of the offset described in clause (i); and

(iii) are included in full on the PayGo scorecard.

(B) The term `PayGo scorecard' means the estimates that are made with respect to fiscal years through fiscal year 2009 by the Director of the Congressional Budget Office and the Director of the Office of Management and Budget under section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Subtitle G--Other Matters

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

Section 501 of title 37, United States Code, is amended--

(1) in subsection (a)(1)--

(A) by striking `conditions or' and inserting `conditions,'; and

(B) by adding before the semicolon the following: `, or a reenlistment of the member (regardless of when the reenlistment occurs)'; and

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

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

(a) AUTHORITY TO PROVIDE PER DIEM ALLOWANCE- Section 1002(b) of title 37, United States Code, is amended--

(1) by inserting `(1)' after `(b)'; and

(2) by adding at the end the following new paragraph:

`(2) If a military technician (dual status), as described in section 10216 of title 10, is performing active duty without pay while on leave from technician employment, as authorized by section 6323(d) of title 5, the Secretary concerned may authorize the payment of a per diem allowance to the military technician in lieu of commutation for subsistence and quarters under paragraph (1).'.

(b) TYPES OF OVERSEAS OPERATIONS- Section 6323(d)(1) of title 5, United States Code, is amended by striking `noncombat'.

(c) EFFECTIVE DATE- The amendment made by subsection (a) shall be effective as of February 10, 1996, as if included in section 1039 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 432).

SEC. 673. OVERSEAS SPECIAL SUPPLEMENTAL FOOD PROGRAM.

(a) PROGRAM REQUIRED- Subsection (a) of section 1060a of title 10, United States Code, is amended by striking `AUTHORITY- The Secretary of Defense may' and inserting `PROGRAM REQUIRED- The Secretary of Defense shall'.

(b) FUNDING SOURCE- Subsection (b) of such section is amended to read as follows:

`(b) FUNDING MECHANISM- The Secretary of Defense shall use funds available for the Department of Defense to carry out the program under subsection (a).'.

(c) PROGRAM ADMINISTRATION- Subsection (c) of such section is amended--

(1) by striking paragraph (1)(B) and inserting the following:

`(B) In determining income eligibility standards for families of individuals participating in the program under this section, the Secretary of Defense shall, to the extent practicable, use the criterion described in subparagraph (A). The Secretary shall also consider the value of housing in kind provided to the individual when determining program eligibility.';

(2) in paragraph (2), by adding before the period at the end the following: `, particularly with respect to nutrition education and counseling'; and

(3) by adding at the end the following new paragraph:

`(3) The Secretary of Agriculture shall provide technical assistance to the Secretary of Defense, if so requested by the Secretary of Defense, for the purpose of carrying out the program under subsection (a).'.

(d) CONFORMING AMENDMENT- Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended by adding at the end the following new subsection:

`(q) The Secretary of Agriculture shall provide technical assistance to the Secretary of Defense, if so requested by the Secretary of Defense, for the purpose of carrying out the overseas special supplemental food program established under section 1060a(a) of title 10, United States Code.'.

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

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

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

`(a) AUTHORITY- The Secretary concerned shall, subject to the availability of appropriations for such purpose, pay to each eligible disabled uniformed services retiree a monthly amount determined under subsection (b).

`(b) AMOUNT- The amount to be paid (subject to the availability of appropriations) to an eligible disabled uniformed services retiree in accordance with subsection (a) is the following:

`(1) For any month for which the retiree has a qualifying service-connected disability rated as total, $300.

`(2) For any month for which the retiree has a qualifying service-connected disability rated as 90 percent, $200.

`(3) For any month for which the retiree has a qualifying service-connected disability rated as 80 percent or 70 percent, $100.

`(c) ELIGIBLE DISABLED UNIFORMED SERVICES RETIREE DEFINED- In this section, the term `eligible disabled military retiree' means a member of the uniformed services in a retired status (who is retired under a provision of law other than chapter 61 of this title) who--

`(1) completed at least 20 years of service in the uniformed services that are creditable for purposes of computing the amount of retired pay to which the member is entitled; and

`(2) has a qualifying service-connected disability.

`(d) QUALIFYING SERVICE-CONNECTED DISABILITY DEFINED- In this section, the term `qualifying service-connected disability' means a service-connected disability that--

`(1) was incurred or aggravated in the performance of duty as a member of a uniformed service, as determined by the Secretary concerned; and

`(2) is rated as not less than 70 percent disabling--

`(A) by the Secretary concerned as of the date on which the member is retired from the uniformed services; or

`(B) by the Secretary of Veterans Affairs within four years following the date on which the member is retired from the uniformed services.

`(e) STATUS OF PAYMENTS- Payments under this section are not retired pay.

`(f) SOURCE OF FUNDS- (1) Payments under this section for any fiscal year shall be paid out of funds appropriated for pay and allowances payable by the Secretary concerned for that fiscal year.

`(2) If the amount of funds available to the Secretary concerned for any fiscal year for payments under this section is less than the amount required to make such payments to all eligible disabled uniformed services retirees for that year, the Secretary shall make such payments first to retirees described in paragraph (1) of subsection (b), then (to the extent funds are available) to retirees described in paragraph (2) of that subsection, and then (to the extent funds are available) to retirees described in paragraph (3) of that subsection.

`(g) OTHER DEFINITIONS- In this section:

`(1) The terms `compensation' and `service-connected' have the meanings given those terms in section 101 of title 38.

`(2) The term `disability rated as total' means--

`(A) a disability that is rated as total under the standard schedule of rating disabilities in use by the Department of Veterans Affairs; or

`(B) a disability for which the schedular rating is less than total but for which a rating of total is assigned by reason of inability of the disabled person concerned to secure or follow a substantially gainful occupation as a result of service-connected disabilities.

`(3) The term `retired pay' includes retainer pay, emergency officers' retirement pay, and naval pension.'.

(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

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

(b) EFFECTIVE DATE- Section 1413 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 1999, and shall apply to months that begin on or after that date. No benefit may be paid to any person by reason of that section for any period before that date.

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

Section 2007(a) of title 10, United States Code, is amended--

(1) in paragraph (2), by striking `and';

(2) in paragraph (3), by striking the period at the end and inserting `; and'; and

(3) by adding at the end the following new paragraph:

`(4) in the case of a member serving in a contingency operation or similar operational mission (other than for training) designated by the Secretary concerned, all of the charges may be paid.'.

TITLE VII--HEALTH CARE MATTERS

Subtitle A--Health Care Services

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

(a) IN GENERAL- The Secretary of Defense shall enter into agreements with designated providers under which such providers will provide health care services in or through managed care plans to an eligible member of the Armed Forces who resides within the service area of the designated provider. The provisions in section 722(b)(2) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 1073 note) shall apply with respect to such agreements.

(b) ADHERENCE TO TRICARE PRIME REMOTE PROGRAM POLICIES- A designated provider who provides health care to an eligible member described in subsection (a) shall, in providing such care, adhere to policies of the Department of Defense with respect to the TRICARE Prime Remote program, including policies regarding coordination with appropriate military medical authorities for specialty referrals and hospitalization.

(c) REIMBURSEMENT RATES- The Secretary shall negotiate with each designated provider reimbursement rates that do not exceed reimbursement rates allowable under TRICARE Standard.

(d) DEFINITIONS- In this section:

(1) The term `eligible member' has the meaning given that term in section 731(c) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 1074 note).

(2) The term `designated provider' has the meaning given that term in section 721(5) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 1073 note).

SEC. 702. PROVISION OF CHIROPRACTIC HEALTH CARE.

(a) IN GENERAL- Section 731 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 1092 note) is amended--

(1) in the heading, by striking `demonstration program';

(2) in subsection (a), by adding at the end the following new paragraph:

`(4) During fiscal year 2000, the Secretary shall continue to furnish the same chiropractic care in the military medical treatment facilities designated pursuant to paragraph (2)(A) as the chiropractic care furnished during the demonstration program.';

(3) in subsection (c)--

(A) in paragraph (3), by striking `Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives' and inserting `Committees on Armed Services of the Senate and the House of Representatives'; and

(B) in paragraph (5), by striking `May 1, 2000' and inserting `January 31, 2000';

(4) in subsection (d)--

(A) in paragraph (3)--

(i) by striking `; and' at the end of subparagraph (C) and inserting a semicolon;

(ii) by striking the period at the end of subparagraph (D) and inserting `; and'; and

(iii) by adding at the end the following new subparagraph:

`(E) if the Secretary submits an implementation plan pursuant to subsection (e), the preparation of such plan.'; and

(B) by adding at the end the following new paragraph:

`(5) The Secretary shall--

`(A) make full use of the oversight advisory committee in preparing--

`(i) the final report on the demonstration program conducted under this section; and

`(ii) the implementation plan described in subsection (e); and

`(B) provide opportunities for members of the committee to provide views as part of such final report and plan.';

(5) by redesignating subsection (e) as subsection (f); and

(6) by inserting after subsection (d) the following new subsection:

`(e) IMPLEMENTATION PLAN- If the Secretary of Defense recommends in the final report submitted under subsection (c) that chiropractic health care services should be offered in medical care facilities of the Armed Forces or as a health care service covered under the TRICARE program, the Secretary shall, not later than March 31, 2000, submit to the Committees on Armed Services of the House of Representatives and the Senate an implementation plan for the full integration of chiropractic health care services into the military health care system of the Department of Defense, including the TRICARE program. Such implementation plan shall include--

`(1) a detailed analysis of the projected costs of fully integrating chiropractic health care services into the military health care system;

`(2) the proposed scope of practice for chiropractors who would provide services to covered beneficiaries under chapter 55 of title 10, United States Code;

`(3) the proposed military medical treatment facilities at which such services would be provided;

`(4) the military readiness requirements for chiropractors who would provide services to such covered beneficiaries; and

`(5) any other relevant factors that the Secretary considers appropriate.'.

(b) CONFORMING AMENDMENT- The item relating to section 731 in the table of contents at the beginning of such Act is amended to read as follows:

`731. Chiropractic health care.'.

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

(a) CONTINUATION OF CARE- (1) The Secretary of Defense may, in any case in which the Secretary makes the determination described in paragraph (2), continue to provide payment under the Civilian Health and Medical Program of the Uniformed Services (as defined in section 1072 of title 10, United States Code), for domiciliary or custodial care services provided to an eligible beneficiary that would otherwise be excluded from coverage under regulations implementing section 1077(b)(1) of such title.

(2) A determination under this paragraph is a determination that discontinuation of payment for domiciliary or custodial care services or transition to provision of care under the individual case management program authorized by section 1079(a)(17) of such title would be--

(A) inadequate to meet the needs of the eligible beneficiary; and

(B) unjust to such beneficiary.

(b) ELIGIBLE BENEFICIARY DEFINED- As used in this section, the term `eligible beneficiary' means a covered beneficiary (as that term is defined in section 1072 of title 10, United States Code) who, before the effective date of final regulations to implement the individual case management program authorized by section 1079(a)(17) of such title, were provided domiciliary or custodial care services for which the Secretary provided payment.

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

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

Subtitle B--TRICARE Program

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

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

`Sec. 1095c. TRICARE program: facilitation of processing of claims

`(a) REDUCTION OF PROCESSING TIME- (1) With respect to claims for payment for medical care provided under the TRICARE program, the Secretary of Defense shall implement a system for processing of claims under which--

`(A) 95 percent of all mistake-free claims must be processed not later than 30 days after the date that such claims are submitted to the claims processor; and

`(B) 100 percent of all mistake-free claims must be processed not later than 100 days after the date that such claims are submitted to the claims processor.

`(2) The Secretary may, under the system required by paragraph (1) and consistent with the provisions in chapter 39 of title 31, United States Code (commonly referred to as the `Prompt Payment Act'), require that interest be paid on claims that are not processed within 30 days.

`(b) REQUIREMENT TO PROVIDE START-UP TIME FOR CERTAIN CONTRACTORS- (1) The Secretary of Defense shall not require that a contractor described in paragraph (2) begin to provide managed care support pursuant to a contract to provide such support under the TRICARE program until at least nine months after the date of the award of the contract. In such case the contractor may begin to provide managed care support pursuant to the contract as soon as practicable after the award of the contract, but in no case later than one year after the date of such award.

`(2) A contractor under this paragraph is a contractor who is awarded a contract to provide managed care support under the TRICARE program--

`(A) who has not previously been awarded such a contract by the Department of Defense; or

`(B) who has previously been awarded such a contract by the Department of Defense but for whom the subcontractors have not previously been awarded the subcontracts for such a contract.'.

(2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1095b the following new item:

`1095c. TRICARE program: facilitation of processing of claims.'.

(b) REPORT- Not later than 6 months after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on--

(1) the status of claims processing backlogs in each TRICARE region;

(2) the estimated time frame for resolution of such backlogs;

(3) efforts to reduce the number of change orders with respect to contracts to provide managed care support under the TRICARE program and to make such change orders in groups on a quarterly basis rather than one at a time;

(4) the extent of success in simplifying claims processing procedures through reduction of reliance of the Department of Defense on, and the complexity of, the health care service record;

(5) application of best industry practices with respect to claims processing, including electronic claims processing; and

(6) any other initiatives of the Department of Defense to improve claims processing procedures.

(c) DEADLINE FOR IMPLEMENTATION- The system for processing claims required under section 1095c(a) of title 10, United States Code (as added by subsection (a)), shall be implemented not later than 6 months after the date of the enactment of this Act.

(d) APPLICABILITY- Section 1095c(b) of title 10, United States Code (as added by subsection (a)), shall apply with respect to any contract to provide managed care support under the TRICARE program negotiated after the date of the enactment of this Act.

SEC. 712. AUTHORITY TO WAIVE CERTAIN TRICARE DEDUCTIBLES.

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

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

`(a) WAIVER AUTHORIZED- The Secretary of Defense may waive the deductible payable for medical care provided under the TRICARE program to an eligible dependent of--

`(1) a member of a reserve component on active duty pursuant to a call or order to active duty for a period of less than one year; or

`(2) a member of the National Guard on full-time National Guard duty pursuant to a call or order to full-time National Guard duty for a period of less than one year.

`(b) ELIGIBLE DEPENDENT- As used in this section, the term `eligible dependent' means a dependent described subparagraphs (A), (D), or (I) of section 1072(2) of this title.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1095c the following new item:

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

SEC. 713. ELECTRONIC PROCESSING OF CLAIMS UNDER THE TRICARE PROGRAM.

Section 1095c of title 10, United States Code, as added by section 711, is amended by adding at the end the following new subsection:

`(c) INCENTIVES FOR ELECTRONIC PROCESSING- The Secretary of Defense shall require that new contracts for managed care support under the TRICARE program provide that the contractor be permitted to provide financial incentives to health care providers who file claims for payment electronically.'.

SEC. 714. STUDY OF RATES FOR PROVISION OF MEDICAL SERVICES; PROPOSAL FOR CERTAIN RATE INCREASES.

Not later than February 1, 2000, the Secretary of Defense shall submit to Congress--

(1) a study on how the maximum allowable rates charged for the 100 most commonly performed medical procedures under the Civilian Health and Medical Program of the Uniformed Services and Medicare compare with usual and customary commercial insurance rates for such procedures in each TRICARE Prime catchment area; and

(2) a proposal for increases of maximum allowable rates charged for medical procedures under the Civilian Health and Medical Program of the Uniformed Services should the study conducted under paragraph (1) find 20 or more rates which are less than or equal to the 50th percentile of the usual and customary commercial insurance rates charged for such procedures.

SEC. 715. REQUIREMENTS FOR PROVISION OF CARE IN GEOGRAPHICALLY SEPARATED UNITS.

(a) CONTRACTUAL REQUIREMENT- The Secretary of Defense shall require that all new contracts for the provision of health care under TRICARE Prime include a requirement that the TRICARE Prime Remote network, to the maximum extent possible, provide health care concurrently to members of the Armed Forces in geographically separated units and their dependents in areas outside the catchment area of a military medical treatment facility.

(b) REPORT ON IMPLEMENTATION- Not later than May 1, 2000, the Secretary shall submit to Congress a report on the extent and success of implementation of the requirement under subsection (a), and where concurrent implementation has not been achieved, the reasons and circumstances that prohibited implementation and a plan to provide TRICARE Prime benefits to those otherwise eligible covered beneficiaries for whom enrollment in a TRICARE Prime network is not feasible.

SEC. 716. IMPROVEMENT OF ACCESS TO HEALTH CARE UNDER THE TRICARE PROGRAM.

(a) WAIVER OF NONAVAILABILITY STATEMENT OR PREAUTHORIZATION- In the case of a covered beneficiary under chapter 55 of title 10, United States Code, who is a TRICARE eligible beneficiary not enrolled in TRICARE Prime, the Secretary of Defense may not require with regard to authorized health care services (other than mental health services) under any new contract for the provision of health care services under such chapter that the beneficiary--

(1) obtain a nonavailability statement or preauthorization from a military medical treatment facility in order to receive the services from a civilian provider; or

(2) obtain a nonavailability statement for care in specialized treatment facilities outside the 200-mile radius of a military medical treatment facility.

(b) NOTICE- The Secretary may require that the covered beneficiary provide appropriate notice to the primary care manager of the beneficiary.

(c) EXCEPTIONS- Subsection (a) shall not apply if--

(1) the Secretary can demonstrate significant cost avoidance for specific procedures at the affected military treatment facilities;

(2) the Secretary determines that a specific procedure must be maintained at the affected military treatment facility to ensure the proficiency levels of the practitioners at the facility; or

(3) the lack of nonavailability statement data would significantly interfere with TRICARE contract administration.

SEC. 717. REIMBURSEMENT OF CERTAIN COSTS INCURRED BY COVERED BENEFICIARIES WHEN REFERRED FOR CARE OUTSIDE LOCAL CATCHMENT AREA.

The Secretary of Defense shall require that any new contract for the provision of health care services under chapter 55 of title 10, United States Code, shall require that in any case in which a covered beneficiary under such chapter who is enrolled in TRICARE Prime is referred by a network provider or military treatment facility to a provider or military treatment facility more than 100 miles outside the catchment area of a military treatment facility because a local provider is not available, or in any other respect not within the terms of a new managed care support contract, the beneficiary shall be reimbursed by the network provider or military treatment facility making the referral for the cost of personal automobile mileage, to be paid under standard reimbursement rates for Federal employees, or for the cost of air travel in amounts not to exceed standard contract fares for Federal employees.

SEC. 718. IMPROVEMENT OF REFERRAL PROCESS UNDER TRICARE.

(a) ELIMINATION OF PREAUTHORIZATION REQUIREMENTS FOR CERTAIN CARE- Under regulations prescribed by the Secretary of Defense, and in all new managed care support contracts the Secretary shall eliminate requirements in certain cases under TRICARE Prime that network primary care managers preauthorize covered beneficiaries under chapter 55 of title 10, United States Code, to receive preventative health care services within the managed care support contract network without preauthorization from a primary care manager.

(b) COVERED SERVICES- Should such a covered beneficiary choose to receive care from a provider in the network, the covered beneficiary shall not be required to have a referral from a primary care manager--

(1) for receipt of preventative obstetric or gynecological services by a network obstetrician or gynecologist;

(2) for mammograms performed by a network provider if the beneficiary is a female over the age of 35; or

(3) for provision of preventative specialty urology care from a network urologist if the beneficiary is a male over the age of 60.

(c) NOTICE- The Secretary may require that the covered beneficiary provide appropriate notice to the primary care manager of the beneficiary.

(d) REGULATIONS- The Secretary shall prescribe the regulations required by subsection (a) not later than May 1, 2000 and implement the regulations not later than October 1, 2000.

Subtitle C--Other Matters

SEC. 721. PHARMACY BENEFITS PROGRAM.

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

`Sec. 1074g. Pharmacy benefits program

`(a) PHARMACY BENEFITS- (1) The Secretary of Defense, after consultation with the other administering Secretaries, shall establish an effective, efficient, integrated pharmacy benefits program under this chapter (hereinafter in this section referred to as the `pharmacy benefits program').

`(2)(A) The pharmacy benefits program shall include a uniform formulary of pharmaceutical agents, which shall assure the availability of pharmaceutical agents in a complete range of therapeutic classes. The selection for inclusion on the uniform formulary of particular pharmaceutical agents in each therapeutic class shall be based on the relative clinical and cost effectiveness of the agents in such class.

`(B) The Secretary shall establish procedures for the selection of particular pharmaceutical agents for the uniform formulary, and shall begin to implement the uniform formulary not later than October 1, 2000.

`(C) Pharmaceutical agents included on the uniform formulary shall be available to eligible covered beneficiaries through--

`(i) facilities of the uniformed services, consistent with the scope of health care services offered in such facilities;

`(ii) retail pharmacies designated or eligible under the TRICARE program or the Civilian Health and Medical Program of the Uniformed Services to provide pharmaceutical agents to eligible covered beneficiaries; or