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106th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 106-301
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2000
----------
CONFERENCE REPORT
to accompany
S. 1059
August 6 (legislative day, August 5), 1999.--Ordered to be printed
_____________________________________________________________________
106th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 106-301
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2000
__________
CONFERENCE REPORT
to accompany
S. 1059
August 6 (legislative day, August 5), 1999.--Ordered to be printed
__________
U.S. GOVERNMENT PRINTING OFFICE
58-406 WASHINGTON : 1999
________________________________________________________________________
C O N T E N T S
----------
Page
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE....... 480
Summary Statement of Conference Action....................... 480
Summary Table of Authorizations.............................. 480
Congressional Defense Committees............................. 485
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS................. 485
Title I--Procurement............................................. 485
Procurement Overview................................. 485
Overview............................................. 491
UH-60 blackhawk...................................... 491
AH-64 modifications.................................. 491
UH-60 modifications.................................. 491
Aircraft survivability equipment modifications....... 491
Aircraft survivability equipment modifications,
(Advanced Threat Infrared Countermeasures)......... 492
Overview............................................. 492
Avenger system summary............................... 495
Javelin system summary-advanced procurement.......... 495
Patriot anti-cruise missile.......................... 495
Avenger modifications................................ 495
Overview............................................. 496
Bradley base sustainment............................. 500
Carrier modifications................................ 500
Howitzer, M109A6 modifications....................... 500
Heavy assault bridge................................. 500
Grenade launcher, automatic, 40mm, MK19-3............ 500
Overview............................................. 500
Sense and destroy armament........................... 505
Overview............................................. 505
Family of heavy tactical vehicles.................... 516
Army data distribution system........................ 516
Single channel ground and airborne radio system...... 516
Warfighter information network....................... 516
Information system security program.................. 516
Tactical unmanned aerial vehicle..................... 517
Night vision devices................................. 517
Combat identification/aiming light................... 517
Modification of in-service equipment (tactical
surveillance)...................................... 518
Automated identification technology.................. 518
Maneuver control system.............................. 518
Vibratory, self-propelled roller..................... 518
High speed compactor................................. 519
Wheel-mounted 25-ton crane........................... 519
Items less than $2.0 million, construction equipment. 519
Modification of in-service equipment (OPA-3)......... 519
Ultra lightweight camouflage net system.............. 519
Overview............................................. 519
Overview............................................. 522
CH-60 helicopters.................................... 526
UC-35A aircraft...................................... 526
C-40A................................................ 526
EA-6B modifications.................................. 526
F/A-18 aircraft modifications........................ 526
AH-1W series......................................... 527
H-1 series........................................... 527
P-3 modifications.................................... 527
E-2 modifications.................................... 527
Special project aircraft............................. 528
Common ground equipment.............................. 528
Overview............................................. 528
Aerial targets....................................... 532
Drones and decoys.................................... 532
Weapons industrial facilities........................ 532
Overview............................................. 532
Overview............................................. 535
Overview............................................. 538
WSN-7 inertial navigation system and WQN-2 doppler
sonar velocity log................................. 548
Minesweeping equipment............................... 548
Items less than $5.0 million, afloat force protection
for maritime interdiction operations equipment..... 548
Items less than $5.0 million, integrated condition
assessment system.................................. 548
Surface search radars................................ 549
Sonar dome material.................................. 549
Undersea warfare support equipment................... 549
Other training equipment............................. 549
Naval space surveillance system...................... 550
Shipboard display emulator equipment................. 550
Joint engineering data management and information
control system..................................... 550
Information system security program.................. 550
Mobile remote emitter simulator...................... 550
Computer aided submode training (CAST) lesson
authoring system (CLASS)........................... 551
NULKA anti-ship missile decoy system................. 551
Overview............................................. 551
Modification kits-tracked vehicles................... 556
Night vision equipment............................... 556
Radio systems........................................ 556
Communications and electronics infrastructure support 556
Modification kits-Marine Corps air ground task force. 556
Command support equipment............................ 557
Field medical equipment.............................. 557
Overview............................................. 557
C-130J aircraft...................................... 562
Joint primary aircrew training system................ 562
Joint surveillance/target attack radar system........ 562
Predator unmanned aerial vehicle..................... 562
F-15 aircraft modifications.......................... 562
F-16 aircraft modifications.......................... 563
C-17 aircraft modifications.......................... 563
C-135 aircraft modifications......................... 564
Defense airborne reconnaissance program aircraft
modifications...................................... 564
F-16 aircraft post production support................ 565
Passenger safety modifications....................... 565
Overview............................................. 565
Practice bombs....................................... 568
Overview............................................. 568
AGM-65 modifications................................. 571
Overview............................................. 571
Air traffic control/land system...................... 577
Automatic data processing equipment.................. 577
C3 countermeasures................................... 577
Base Information Infrastructure...................... 577
Tactical communications-electronics equipment........ 577
Radio equipment...................................... 578
Aircrew laser eye protection......................... 578
Mechanized material handling equipment............... 578
Base procured equipment.............................. 578
Base support equipment............................... 578
Overview............................................. 579
Advanced SEAL delivery system........................ 585
Special operations forces small arms and weapons..... 586
Chemical and Biological Defense Program.............. 586
Overview............................................. 587
Items of Special Interest.................................... 589
Common rack and launcher test set.................... 589
Legislative Provisions Adopted............................... 589
Subtitle A--Authorization of Appropriations.............. 589
Authorization of Appropriations (secs. 101-108)...... 589
Chemical demilitarization program (sec. 107)......... 589
Subtitle B--Army Programs................................ 591
Multiyear procurement authority for Army programs
(sec. 111)......................................... 591
Procurement requirements for the Family of Medium
Tactical Vehicles (sec. 112)....................... 591
Army aviation modernization (sec. 113)............... 593
Multiple Launch Rocket System (sec. 114)............. 594
Extension of pilot program on sales of manufactured
articles and services of certain Army industrial
facilities without regard to availability from
domestic sources (sec. 115)........................ 594
Extension of authority to carry out Armament
Retooling and Manufacturing Support Initiative
(sec. 116)......................................... 595
Subtitle C--Navy Programs................................ 595
F/A-18E/F Super Hornet aircraft program (sec. 121)... 595
Arleigh Burke class destroyer program (sec. 122)..... 595
Repeal of requirement for annual report from
shipbuilders under certain nuclear attack submarine
programs (sec. 123)................................ 595
LHD-8 amphibious assault ship program (sec. 124)..... 595
D-5 missile program (sec. 125)....................... 596
Subtitle D--Air Force Programs........................... 596
F-22 aircraft program (sec. 131)..................... 596
Replacement options for conventional air-launched
cruise missile (sec. 132).......................... 596
Procurement of firefighting equipment for the Air
National Guard and the Air Force Reserve (sec. 133) 596
F-16 tactical manned reconnaissance aircraft (sec.
134)............................................... 596
Subtitle E--Chemical Stockpile Destruction Program....... 597
Destruction of existing stockpile of lethal chemical
agents and munitions (sec. 141).................... 597
Comptroller General report on anticipated effects of
proposed changes in operations of storage sites for
lethal chemical agents and munitions (sec. 142).... 597
Legislative Provisions Not Adopted........................... 597
Alternative technologies for destruction of assembled
chemical weapons................................... 597
Close combat tactical trainer program................ 598
Defense Export Loan Guarantee program................ 598
Cooperative engagement capability.................... 598
Limitation on expenditures for satellite
communications..................................... 598
Title II--Research, Development, Test, and Evaluation............ 598
Research, Development, Test, and Evaluation Overview. 598
Overview............................................. 601
Global positioning system-inertial measurement unit
integration........................................ 611
Combat vehicle and automotive technology............. 611
Human factors engineering technology................. 611
Environmental quality technology..................... 611
Combat vehicle and automotive advanced technology.... 612
Landmine warfare/barrier-advanced development........ 612
Weapons and munitions-advanced development........... 612
Comanche............................................. 613
Combat feeding, clothing, and equipment.............. 613
Multiple launch rocket system product improvement
program............................................ 613
Aircraft modifications/product improvement programs.. 613
Force XXI Battle Command, Brigade and Below.......... 613
Overview............................................. 614
Free electron laser.................................. 625
Precision strike and air defense technology.......... 625
Command and control warfare replacement aircraft..... 625
Tri-service software program managers network........ 625
Common towed array, affordable advanced acoustical
arrays............................................. 625
Trident SSGN design.................................. 626
Navy common command and decision system and upgrading
fleet systems...................................... 628
Environmentally safe energetics materials............ 628
Marine Corps assault vehicles........................ 628
Aviation depot maintenance technology................ 628
Proximity fuzing for dual-purpose improved
conventional munition submunitions................. 629
Parametric airborne dipping sonar.................... 629
S-3B surveillance system upgrade..................... 629
H-1 upgrades......................................... 630
Electronic warfare development....................... 630
Multi-Purpose Processor.............................. 630
NULKA anti-ship missile decoy system................. 630
Advanced deployable system........................... 631
Battle force tactical training....................... 631
Tactical unmanned aerial vehicles.................... 631
Overview............................................. 632
Human effectiveness applied research................. 644
Aerospace propulsion................................. 644
Aerospace sensors.................................... 644
Phillips lab exploratory development................. 644
B-2 advanced technology bomber....................... 645
Armament and ordnance development.................... 645
Life support systems................................. 645
Air Force test and evaluation support................ 645
Joint surveillance and target attack radar system.... 646
Airborne reconnaissance.............................. 646
Distributed common ground systems.................... 646
Overview............................................. 647
Ballistic Missile Defense Organization funding and
programmatic guidance.............................. 657
Support technology................................... 657
National missile defense............................. 658
Theater High Altitude Area Defense (THAAD) System.... 658
Navy Theater Wide.................................... 659
BMD technical operations............................. 659
BMD targets.......................................... 660
Patriot PAC-3........................................ 660
Navy Area............................................ 660
Weapons of mass destruction related technologies..... 661
Complex systems design............................... 661
Joint warfighting program............................ 662
Aging aircraft sustainment technology................ 662
Special operations tactical systems development...... 662
Items of Special Interest.................................... 663
Aeronautical test facilities......................... 663
Aerostructures....................................... 663
Bioenvironmental research............................ 664
Genomics-based therapeutics.......................... 664
Marine mammal research............................... 665
Volumetrically controlled technologies............... 665
Legislative Provisions Adopted............................... 666
Subtitle A--Authorization of Appropriations.............. 666
Authorization of Appropriations (secs. 201-202)...... 666
Subtitle B--Program Requirements, Restrictions, and
Limitations............................................ 666
Collaborative program to evaluate and demonstrate
advanced technologies for advanced capability
combat vehicles (sec. 211)......................... 666
Sense of Congress regarding defense science and
technology program (sec. 212)...................... 667
Micro-satellite technology development program (sec.
213)............................................... 668
Space control technology (sec. 214).................. 668
Space Maneuver Vehicle program (sec. 215)............ 668
Manufacturing technology program (sec. 216).......... 669
Revision to limitations on high altitude endurance
unmanned vehicle program (sec. 217)................ 669
Subtitle C--Ballistic Missile Defense.................... 670
Space Based Infrared System (SBIRS) Low program (sec.
231)............................................... 670
Theater missile defense upper tier acquisition
strategy (sec. 232)................................ 670
Acquisition strategy for Theater High Altitude Area
Defense (THAAD) system (sec. 233).................. 671
Space Based Laser program (sec. 234)................. 671
Criteria for progression of airborne laser program
(sec. 235)......................................... 673
Sense of Congress regarding ballistic missile defense
technology funding (sec. 236)...................... 673
Report on national missile defense (sec. 237)........ 673
Subtitle D--Research and Development for Long-Term
Military Capabilities.................................. 673
Quadrennial report on emerging operational concepts
(sec. 241)......................................... 673
Technology area review and assessment (sec. 242)..... 674
Report by Under Secretary of Defense for Acquisition
and Technology (sec. 243).......................... 674
DARPA program for award of competitive prizes to
encourage development of advanced technologies
(sec. 244)......................................... 674
Additional pilot program for revitalizing Department
of Defense laboratories (sec. 245)................. 674
Subtitle E--Other Matters................................ 675
Development of Department of Defense laser master
plan and execution of solid state laser program
(sec. 251)......................................... 675
Report on Air Force distributed mission training
(sec. 252)......................................... 675
Legislative Provisions Not Adopted........................... 676
Testing of airblast and improvised explosives........ 676
Use of working capital funds for financing research
and development of the military departments........ 676
Title III--Operation and Maintenance............................. 676
Overview............................................. 676
Military Gator....................................... 708
Arms control implementation.......................... 708
Information assurance................................ 708
Overseas contingencies............................... 709
Legislative Provisions Adopted............................... 709
Subtitle A--Authorization of Appropriations.............. 709
Authorization of Appropriations (secs. 301-302)...... 709
Armed Forces Retirement Home (sec. 303).............. 709
Transfer from National Defense Stockpile Transaction
Fund (sec. 304).................................... 709
Transfer to Defense Working Capital Funds to support
Defense Commissary Agency (sec. 305)............... 709
Subtitle B--Program Requirements, Restrictions, and
Limitations............................................ 710
Armed Forces Emergency Services (sec. 311)........... 710
Replacement of nonsecure tactical radios of the 82nd
airborne division (sec. 312)....................... 710
Large medium-speed roll-on/roll-off (LMSR) program
(sec. 31).......................................... 710
Contributions for Spirit of Hope endowment fund of
United Service Organizations, Incorporated (sec.
314)............................................... 710
Subtitle C--Environmental Provisions..................... 711
Extension of limitation on payment of fines and
penalties using funds in environmental restoration
accounts (sec. 321)................................ 711
Modification of requirements for annual reports on
environmental compliance activities (sec. 322)..... 711
Defense environmental technology program and
investment control process for environmental
technologies (sec. 323)............................ 711
Modification of membership of Strategic Environmental
Research and Development Program Council (sec. 324) 711
Extension of pilot program for sale of air pollution
emission reduction incentives (sec. 325)........... 711
Reimbursement for certain costs in connection with
Fresno Drum Superfund site, Fresno, California
(sec. 326)......................................... 712
Payment of stipulated penalties assessed under CERCLA
in connection with F.E. Warren Air Force Base,
Wyoming (sec. 327)................................. 712
Remediation of asbestos and lead-based paint (sec.
328)............................................... 712
Release of information to foreign countries regarding
any environmental contamination at former United
States military installations in those countries
(sec. 329)......................................... 712
Toussaint River ordnance mitigation study (sec. 330). 713
Subtitle D--Depot-Level Activities....................... 713
Sales of articles and services of defense industrial
facilities to purchasers outside the Department of
Defense (sec. 331)................................. 713
Expansion of contracting authority for defense
working capital funded industrial facilities (sec.
332)............................................... 714
Annual reports on expenditures for depot-level
maintenance and repair workloads by public and
private sector (sec. 333).......................... 714
Applicability of competition requirement in
contracting out workloads performed by depot-level
activities of Department of Defense (sec. 334)..... 714
Treatment of public sector winning bidders for
contracts for performance of depot-level
maintenance and repair workloads formerly performed
at certain military installations (sec. 335)....... 714
Additional matters to be reported before prime vendor
contract for depot-level maintenance and repair is
entered into (sec. 336)............................ 715
Subtitle E--Performance of Functions by Private-Sector
Sources................................................ 715
Reduced threshold for consideration of effect on
local community of changing defense functions to
private sector performance (sec. 341).............. 715
Congressional notification of A-76 cost comparison
waivers (sec. 342)................................. 715
Report on use of employees of non-Federal entities to
provide services to Department of Defense (sec.
343)............................................... 715
Evaluation of total system performance responsibility
program (sec. 344)................................. 716
Sense of Congress regarding process for modernization
of Army computer services (sec. 345)............... 716
Subtitle F--Defense Dependents Education................. 716
Assistance to local education agencies that benefit
dependents of members of the Armed Forces and
Department of Defense civilian employees (sec. 351) 716
Unified school boards for all Department of Defense
Domestic Dependent Schools in the Commonwealth of
Puerto Rico and Guam (sec. 352).................... 716
Continuation of enrollment at Department of Defense
Domestic Dependent Elementary and Secondary Schools
(sec. 353)......................................... 717
Technical amendments to Defense Dependents' Education
Act of 1978 (sec. 354)............................. 717
Subtitle G--Military Readiness Issues.................... 717
Independent study of military readiness reporting
system (sec. 361).................................. 717
Independent study of Department of Defense secondary
inventory and parts shortages (sec. 362)........... 717
Report on inventory and control of military equipment
(sec. 363)......................................... 718
Comptroller General study of adequacy of Department
restructured sustainment and reengineered logistics
product support practices (sec. 364)............... 718
Comptroller General review of real property
maintenance and its effects on readiness (sec. 365) 718
Establishment of logistics standards for sustained
military operations (sec. 366)..................... 718
Subtitle H--Information Technology Issues................ 719
Discretionary authority to install telecommunication
equipment for persons performing voluntary services
(sec. 371)......................................... 719
Authority for disbursing officers to support use of
automated teller machines on naval vessels for
financial transactions (sec. 372).................. 719
Use of Smart Card technology in the Department of
Defense (sec. 373)................................. 719
Report on Defense use of Smart Card as PKI
authentication device carrier (sec. 374)........... 719
Subtitle I--Other Matters................................ 720
Authority to lend or donate obsolete or condemned
rifles for funeral and other ceremonies (sec. 381). 720
Extension of warranty claims recovery pilot program
(sec. 382)......................................... 720
Preservation of historic buildings and grounds at
United States Soldiers' and Airmen's Home, District
of Columbia (sec. 383)............................. 720
Clarification of land conveyance authority, United
States Soldiers' and Airmen's Home (sec. 384)...... 720
Treatment of Alaska, Hawaii, and Guam in defense
household moving programs (sec. 385)............... 721
Legislative Provisions Not Adopted........................... 721
Identification core logistic capability requirement
for maintenance and repair of C-17 aircraft........ 721
Operation meteorology and oceanography and UNOLS..... 721
Implementation of jointly approved changes in defense
retail systems..................................... 721
Reimbursement of Navy Exchange Service Command for
relocation expenses................................ 722
Title IV--Military Personnel Authorizations...................... 722
Legislative Provisions Adopted............................... 722
Subtitle A--Active Forces................................ 722
End strengths for active forces (sec. 401)........... 722
Revision in permanent end strength minimum levels
(sec. 402)......................................... 723
Subtitle B--Reserve Forces............................... 723
End strengths for Selected Reserve (sec. 411)........ 723
End strengths for Reserves on active duty in support
of the reserves (sec. 412)......................... 724
End Strengths for military technicians (dual status)
(sec. 413)......................................... 724
Increase in numbers members in certain grades
authorized to be on active duty in support of the
Reserves (sec. 414)................................ 725
Selected Reserve end strength flexibility (sec. 415). 725
Subtitle C--Authorization of Appropriations.............. 726
Authorization of appropriations for military
personnel (sec. 421)............................... 726
Legislative Provisions Not Adopted........................... 726
Reduction of end strengths below levels for two major
regional contingencies............................. 726
Title V--Military Personnel Policy............................... 727
Items of Special Interest.................................... 727
Medical and physical accession and retention
standards.......................................... 727
Legislative Provisions Adopted............................... 727
Subtitle A--Officer Personnel Policy..................... 727
Temporary authority for recall of retired aviators
(sec. 501)......................................... 727
Increase in maximum number of officers authorized to
be on active-duty list in frocked grade of
brigadier general and rear admiral (lower half)
(sec. 502)......................................... 727
Reserve officers requesting or otherwise causing
nonselection for promotion (sec. 503).............. 728
Minimum grade of officers eligible to serve on boards
of inquiry (sec. 504).............................. 728
Minimum selection of warrant officers for promotion
from below the promotion zone (sec. 505)........... 728
Increase in threshold period of active duty for
applicability of restriction on holding of civil
office by retired regular officers and reserve
officers (sec. 506)................................ 728
Exemption of retiree council members from recalled
retiree limits (sec. 507).......................... 728
Technical amendments relating to joint duty
assignments (sec. 508)............................. 729
Three-year extension of requirement for competition
for joint 4-star officer positions (sec. 509)...... 729
Subtitle B--Reserve Component Personnel Policy........... 729
Continuation of officers on reserve active-status
list to complete disciplinary action (sec. 511).... 729
Authority to order reserve component members to
active duty to complete a medical evaluation (sec.
512)............................................... 730
Exclusion of reserve officers on educational delay
from eligibility for consideration for promotion
(sec. 513)......................................... 730
Extension of period for retention of reserve
component majors and lieutenant commanders who
twice fail of selection for promotion (sec. 514)... 730
Computation of years of service exclusion (sec. 515). 730
Retention of reserve component chaplains until age 67
(sec. 516)......................................... 731
Expansion and codification of authority for space
required travel on military aircraft for reserves
performing inactive-duty training outside the
continental United States (sec. 517)............... 731
Subtitle C--Military Technicians......................... 731
Revision to military technician (dual status) (sec.
521)............................................... 731
Civil service retirement of technicians (sec. 522)... 731
Revision to non-dual status technicians statute (sec.
523)............................................... 732
Revision to authorities relating to National Guard
technicians (sec. 524)............................. 732
Effective date (sec. 525)............................ 732
Secretary of Defense review of Army technician
costing process (sec. 526)......................... 732
Fiscal year 2000 limitation on number of non-dual
status technicians (sec. 527)...................... 733
Subtitle D--Service Academies............................ 733
Strength limitations at the service academies (sec.
531)............................................... 733
Superintendents of the service academies (sec. 532).. 733
Dean of academic board, United States Military
Academy and dean of the faculty, United States Air
Force Academy (sec. 533)........................... 734
Waiver of reimbursement of expenses for instruction
at service academies of persons from foreign
countries (sec. 534)............................... 734
Expansion of foreign exchange programs of the service
academies (sec. 535)............................... 735
Subtitle E--Education and Training....................... 735
Establishment of a Department of Defense
international student program at the senior
military colleges (sec. 541)....................... 735
Authority for Army War College to award degree of
master of strategic studies (sec. 542)............. 735
Authority for Air University to award graduate-level
degrees (sec. 543)................................. 735
Reserve credit for participation in health
professions scholarship and financial assistance
program (sec. 544)................................. 735
Permanent authority for ROTC scholarships for
graduate students (sec. 545)....................... 736
Increase in monthly subsistence allowance for Senior
ROTC cadets selected for advanced training (sec.
546)............................................... 736
Contingent funding increase for Junior ROTC program
(sec. 547)......................................... 736
Change from annual to biennial reporting under the
reserve component Montgomery GI Bill (sec. 548).... 736
Recodification and consolidation of statutes denying
Federal grants and contracts by certain departments
and agencies to institutions of higher education
that prohibit senior ROTC units or military
recruiting on campus (sec. 549).................... 737
Accrual funding for Coast Guard Montgomery GI Bill
liabilities (sec. 550)............................. 737
Subtitle F--Reserve Component Management................. 737
Financial assistance program for pursuit of degrees
by officer candidates in Marine Corps Platoon
Leaders Class program (sec. 551)................... 737
Options to improve recruiting for the Army Reserve
(sec. 552)......................................... 737
Joint duty assignments for reserve component general
and flag officers (sec. 553)....................... 737
Grade of chiefs of reserve components and the
additional general officers at the National Guard
Bureau (sec. 554).................................. 738
Duties of Reserves on active duty in support of the
Reserves (sec. 555)................................ 739
Repeal of limitation on number of Reserves on full-
time active duty in support of preparedness for
responses to emergencies involving weapons of mass
destruction (sec. 556)............................. 739
Establishment of Office of the Coast Guard Reserve
(sec. 557)......................................... 739
Report on use of National Guard facilities and
infrastructure for support of provision of services
to veterans (sec. 558)............................. 739
Subtitle G--Decorations, Awards, and Commendations....... 740
Waiver of time limitations for award of certain
decorations to certain persons (sec. 561).......... 740
Authority for award of Medal of Honor to Alfred
Rascon for valor during the Vietnam conflict (sec.
562)............................................... 740
Elimination of current backlog of requests for
replacement of military decorations (sec. 563)..... 740
Retroactive award of Navy Combat Action Ribbon (sec.
564)............................................... 740
Sense of Congress concerning Presidential unit
citation for crew of the U.S.S. Indianapolis (sec.
565)............................................... 741
Subtitle H--Matters Relating to Recruiting............... 741
Access to secondary school students for military
recruiting purposes (sec. 571)..................... 741
Increased authority to extend delayed entry period
for enlistments of persons with no prior military
service (sec. 572)................................. 741
Army College First pilot program (sec. 573).......... 741
Use of recruiting materials for public relations
purposes (sec. 574)................................ 742
Subtitle I--Matters Relating to Missing Persons.......... 742
Nondisclosure of debriefing information on missing
persons previously returned to United States
control (sec. 575)................................. 742
Recovery and identification of remains of certain
World War II servicemen lost in Pacific Theater of
Operations (sec. 576).............................. 742
Subtitle J--Other Matters................................ 742
Authority for special courts-martial to impose
sentences to confinement and forfeitures of pay of
up to one year (sec. 577).......................... 742
Funeral honors details for funerals of veterans (sec.
578)............................................... 743
Purpose and funding limitations for National Guard
Challenge Program (sec. 579)....................... 743
Department of Defense STARBASE Program (sec. 580).... 744
Survey of members leaving military service on
attitudes toward military service (sec. 581)....... 745
Service review agencies covered by professional
staffing requirement (sec. 582).................... 745
Participation of members in management of
organizations abroad that promote international
understanding (sec. 583)........................... 745
Support for expanded child care services and youth
program services for dependents (sec. 584)......... 745
Report and regulations on Department of Defense
policies on protecting the confidentiality of
communications with professionals providing
therapeutic or related services regarding sexual or
domestic abuse (sec. 585).......................... 745
Members under burdensome personnel tempo (sec. 586).. 746
Subtitle K--Domestic Violence............................ 747
Responses to domestic violence in the armed forces
(secs. 591-594).................................... 747
Legislative Provisions Not Adopted........................... 748
Expansion of list of diseases presumed to be service-
connected for radiation-exposed veterans........... 748
Improvement in system for assigning personnel to
warfighting units.................................. 748
Minimum educational requirements for faculty of the
Community College of the Air Force................. 748
Posthumous advancement of Rear Admiral (Retired)
Husband E. Kimmel and Major General (Retired)
Walter C. Short on retired lists................... 749
Reduced minimum blood and breath alcohol levels for
offense of drunken operation of or control of a
vehicle, aircraft, or vessel....................... 749
Use of humanitarian and civic assistance funding for
pay and allowances of special operations command
reserves furnishing demining training and related
assistance as humanitarian assistance.............. 749
Title VI--Compensation and Other Personnel Benefits.............. 750
Legislative Provisions Adopted............................... 750
Subtitle A--Pay and Allowances........................... 750
Fiscal year 2000 increase in military basic pay and
reform of basic pay rates (sec. 601)............... 750
Pay increases for fiscal years 2001 through 2006
(sec. 602)......................................... 750
Additional amount available for fiscal year 2000
increase in basic allowance for housing inside the
United States (sec. 603)........................... 750
Subtitle B--Bonuses and Special and Incentive Pays....... 751
Extension of certain bonuses and special pay
authorities for reserve forces (sec. 611).......... 751
Extension of certain bonuses and special pay
authorities for nurse officer candidates,
registered nurses, and nurse anesthetists (sec.
612)............................................... 751
Extension of authorities relating to payment of other
bonuses and special pays (sec. 613)................ 751
Amount of aviation career incentive pay for air
battle managers (sec. 614)......................... 751
Expansion of authority to provide special pay to
aviation career officers extending period of active
duty (sec. 615).................................... 751
Additional special pay for board certified
veterinarians in the Armed Forces and Public Health
Service (sec. 616)................................. 752
Diving duty special pay (sec. 617)................... 752
Reenlistment bonus (sec. 618)........................ 752
Enlistment bonus (sec. 619).......................... 752
Selected Reserve enlistment bonus (sec. 620)......... 753
Special pay for members of the Coast Guard Reserve
assigned to high priority units of the Selected
Reserve (sec. 621)................................. 753
Reduced minimum period of enlistment in Army in
critical skill for eligibility for enlistment bonus
(sec. 622)......................................... 753
Eligibility for reserve component prior service
enlistment bonus upon attaining a critical skill
(sec. 623)......................................... 753
Increase in special pay and bonuses for nuclear-
qualified officers (sec. 624)...................... 753
Increase in maximum monthly rate authorized for
foreign language proficiency pay (sec. 625)........ 754
Authorization of retention bonus for special warfare
officers extending period of active duty (sec. 626) 754
Authorization of surface warfare officer continuation
pay (sec. 627)..................................... 754
Authorization of career enlisted flyer incentive pay
(sec. 628)......................................... 754
Authorization of judge advocate continuation pay
(sec. 629)......................................... 754
Subtitle C--Travel and Transportation Allowances......... 755
Provision of lodging in kind for Reservists
performing training duty and not otherwise entitled
to travel and transportation allowances (sec. 631). 755
Payment of temporary lodging expenses for members
making their first permanent change of station
(sec. 632)......................................... 755
Destination airport for emergency leave travel to
continental United States (sec. 633)............... 755
Subtitle D--Retired Pay Reform........................... 755
Redux retired pay system applicable only to members
electing new 15-year career status bonus (sec. 641-
644)............................................... 755
Subtitle E--Other Matters Relating to Military Retirees
and Survivors.......................................... 756
Repeal of reduction in retired pay for military
retirees employed in civilian positions (sec. 651). 756
Presentation of United States flag to retiring
members of the uniformed services not previously
covered (sec. 652)................................. 756
Disability retirement or separation for certain
members with pre-existing conditions (sec. 653).... 756
Credit toward paid-up SBP coverage for months covered
by make-up premium paid by persons electing SBP
coverage during special open enrollment period
(sec. 654)......................................... 757
Paid-up coverage under Retired Serviceman's Family
Protection Plan (sec. 655)......................... 757
Extension of authority for payment of annuities to
certain military surviving spouses (sec. 656)...... 757
Effectuation of intended SBP annuity for former
spouse when not elected by reason of untimely death
of retiree (sec. 657).............................. 757
Special compensation for severely disabled uniformed
services retirees (sec. 658)....................... 757
Subtitle F--Eligibility to Participate in the Thrift
Savings Plan........................................... 758
Participation in thrift savings plan (sec. 661, sec.
663)............................................... 758
Special retention initiative (sec. 662).............. 759
Subtitle G--Other Matters................................ 759
Payment for unused leave in conjunction with a
reenlistment (sec. 671)............................ 759
Clarification of per diem eligibility for military
technicians (dual status) serving on active duty
without pay outside the United States (sec. 672)... 759
Annual report on effects of initiatives on
recruitment and retention (sec. 673)............... 760
Overseas special supplemental food program (sec. 674) 760
Tuition assistance for members deployed in a
contingency operation (sec. 675)................... 760
Administration of Selected Reserve education loan
repayment program for Coast Guard Reserve (sec.
676)............................................... 760
Sense of Congress regarding treatment under Internal
Revenue Code of members receiving hostile fire or
imminent danger special pay during contingency
operations (sec. 677).............................. 760
Legislative Provisions Not Adopted........................... 761
Accelerated payments of certain educational
assistance for members of Selected Reserve......... 761
Accelerated payments of educational.................. 761
Accrual funding for retirement system for
Commissioned Corps of National Oceanic and
Atmospheric........................................ 761
Availability of educational assistance benefits for
preparatory courses for college and graduate school
entrance........................................... 761
Computation of survivor benefits..................... 761
Continuance of pay and allowances while in duty
status ``whereabouts unknown''..................... 761
Effective date of disability retirement for members
dying in civilian medical facilities............... 762
Equitable treatment of class of 1987 of the Uniformed
Services University of the Health Sciences......... 762
Increase in rates of educational assistance for full-
time students...................................... 762
Modification of time for use by certain members of
Selected Reserve of entitlement to certain
educational assistance............................. 762
Participation of additional members of the armed
forces in Montgomery GI Bill Program............... 762
Reimbursement of travel expenses incurred by members
of the armed forces in connection with leave
canceled for involvement in Kosovo-related
activities......................................... 763
Report on effect of educational benefits improvements
on recruitment and retention of members of the
armed forces....................................... 763
Revision of educational assistance interval payment
requirements....................................... 763
Special subsistence allowance for food stamp eligible
members............................................ 763
Termination of reductions of basic pay............... 763
Transfer of entitlement to educational assistance by
certain members of the armed forces................ 764
Title VII--Health Care Provisions................................ 764
Items of Special Interest.................................... 764
Processing of TRICARE contract adjustments........... 764
Legislative Provisions Adopted............................... 764
Subtitle A--Health Care Services......................... 764
Pharmacy benefits program (sec. 701)................. 764
Provision of chiropractic health care (sec. 702)..... 765
Provision of domiciliary and custodial care for
certain CHAMPUS beneficiaries (sec. 703)........... 765
Enhancement of dental benefits for retirees (sec.
704)............................................... 766
Medical and dental care for certain members incurring
injuries on inactive-duty training (sec. 705)...... 766
Health care at former uniformed services treatment
facilities for active duty members stationed at
certain remote locations (sec. 706)................ 766
Open enrollment demonstration program (sec. 707)..... 766
Subtitle B--TRICARE Program.............................. 767
Expansion and revision of authority for dental
programs for dependents and reserves (sec. 711).... 767
Improvement of access to health care under the
TRICARE program (sec. 712)......................... 767
Improvements to claims processing under the TRICARE
program (sec. 713)................................. 768
Authority to waive certain TRICARE deductibles (sec.
714)............................................... 768
TRICARE beneficiary counseling and assistance
coordinators (sec. 715)............................ 768
Improvement of TRICARE management; improvements to
third-party payer collection program (sec. 716).... 769
Comparative report on health care coverage under the
TRICARE program (sec. 717)......................... 769
Subtitle C--Other Matters................................ 770
Forensic pathology investigations by Armed Forces
Medical Examiner (sec. 721)........................ 770
Best value contracting (sec. 722).................... 771
Health care quality information and technology
enhancement (sec. 723)............................. 771
Joint telemedicine and telepharmacy demonstration
projects by the Department of Defense and
Department of Veterans Affairs (sec. 724).......... 771
Program-year stability in health care benefits (sec.
725)............................................... 772
Study on joint operations for the Defense Health
Program (sec. 726)................................. 772
Trauma training center (sec. 727).................... 772
Sense of Congress regarding automatic enrollment of
Medicare-eligible beneficiaries in the TRICARE
Senior Prime demonstration program (sec. 728)...... 773
Legislative Provisions Not Adopted........................... 773
Reimbursement of certain costs incurred by covered
beneficiaries when referred for care outside local
catchment area..................................... 773
Removal of restriction on use of funds for abortions
in cases of rape or incest......................... 773
Requirements for provision of care in geographically
separated units.................................... 773
Title VIII--Acquisition Policy, Acquisition Management, and
Related Matters................................................ 774
Items of Special Interest.................................... 774
Modernization of contract administrative services
information systems................................ 774
Technical staff and service contracting.............. 774
Legislative Provisions Adopted............................... 775
Subtitle A--Amendments to General Contracting
Authorities, Procedures, and Limitations............... 775
Authority to carry out certain prototype project
(sec. 801)......................................... 775
Streamlined applicability of cost accounting
standards (sec. 802)............................... 775
Sale, exchange, and waiver authority for coal and
coke (sec. 803).................................... 776
Guidance on use of task order and delivery order
contracts (sec. 804)............................... 776
Clarification of definition of commercial items with
respect to associated services (sec. 805).......... 776
Use of special simplified procedures for purchases of
items in excess of the simplified acquisition
threshold (sec. 806)............................... 776
Repeal of termination of provision of credit towards
subcontracting goals for purchases benefiting
severely handicapped persons (sec. 807)............ 776
Contract goal for small disadvantaged businesses and
certain institutions of higher education (sec. 808) 777
Required reports for certain multiyear contracts
(sec. 809)......................................... 777
Subtitle B--Other Matters................................ 777
Mentor-Protege Program improvements (sec. 811)....... 777
Program to increase business innovation in defense
acquisition programs (sec. 812).................... 777
Incentives to produce innovative new technologies
(sec. 813)......................................... 778
Pilot program for commercial services (sec. 814)..... 778
Expansion of applicability of requirement to make
certain procurements from small arms production
industrial base (sec. 815)......................... 778
Compliance with existing law regarding purchases of
equipment and products (sec. 816).................. 779
Extension of test program for negotiation of
comprehensive small business subcontracting plans
(sec. 817)......................................... 779
Extension of interim reporting rule for certain
procurements less than $100,000 (sec. 818)......... 779
Inspector General review of compliance with Buy
American Act in purchases of strength training
equipment (sec. 819)............................... 779
Report on options for accelerated acquisition of
precision munitions (sec. 820)..................... 779
Technical amendment to prohibition on release of
contractor proposals under the Freedom of
Information Act (sec. 821)......................... 780
Legislative Provisions Not Adopted........................... 780
Facilitation of national missile defense system...... 780
Title IX--Department of Defense Organization and Management...... 781
Legislative Provisions Adopted............................... 781
Subtitle A--Department of Defense Strategic Planning..... 781
Permanent requirement for Quadrennial Defense Review
(sec. 901)......................................... 781
Minimum interval for updating and revising Department
of Defense strategic plan (sec. 902)............... 782
Subtitle B--Department of Defense Organization........... 782
Responsibility for logistics and sustainment
functions of the Department of Defense (sec. 911).. 782
Enhancement of technology security program of
Department of Defense (sec. 912)................... 783
Efficient utilization of defense laboratories (sec.
913)............................................... 783
Center for the Study of Chinese Military Affairs
(sec. 914)......................................... 783
Asia-Pacific Center for Security Studies (sec. 915).. 784
Subtitle C--Personnel Management......................... 785
Revisions to limitations on number of personnel
assigned to major Department of Defense
headquarters activities (sec. 921)................. 785
Defense acquisition workforce reductions (sec. 922).. 785
Monitoring and reporting requirements regarding
operations tempo and personnel tempo (sec. 923).... 786
Administration of Defense Reform Initiative
enterprise program for military manpower and
personnel information (sec. 924)................... 786
Payment of tuition for education and training of
members in the defense acquisition workforce (sec.
925)............................................... 786
Subtitle D--Other Matters................................ 787
Additional matters for annual report on joint
warfighting experimentation (sec. 931)............. 787
Oversight of Department of Defense activities to
combat terrorism (sec. 932)........................ 787
Responsibilities and accountability for certain
financial management functions (sec. 933).......... 788
Management of Civil Air Patrol (sec. 934)............ 788
Legislative Provisions Not Adopted........................... 788
Employment and compensation of civilian faculty
members of Department of Defense African Center for
Strategic Studies.................................. 788
Limitation on amount available for contracted
advisory and assistance services................... 788
Title X--General Provisions...................................... 789
Items of Special Interest.................................... 789
Airfield safety database............................. 789
Education Partnership Agreements..................... 789
Legislative Provisions Adopted............................... 789
Subtitle A--Financial Matters............................ 789
Transfer authority (sec. 1001)....................... 789
Incorporation of classified annex (sec. 1002)........ 789
Authorization of emergency supplemental
appropriations for fiscal year 1999 (sec. 1003).... 789
Supplemental appropriations request for operations in
Yugoslavia (sec. 1004)............................. 789
United States contribution to NATO common-funded
budgets in fiscal year 2000 (sec. 1005)............ 789
Limitation on funds for Bosnia peacekeeping
operations for fiscal year 2000 (sec. 1006)........ 791
Second biennial financial management improvement plan
(sec. 1007)........................................ 791
Waiver authority for requirement that electronic
transfer of funds be used for Department of Defense
payments (sec. 1008)............................... 791
Single payment date for invoice for various
subsistence items (sec. 1009)...................... 791
Payment of foreign licensing fees out of proceeds of
sale of maps, charts, and navigational books (sec.
1010).............................................. 792
Subtitle B--Naval Vessels and Shipyards.................. 792
Revision to congressional notice-and-wait period
required before transfer of a vessel stricken from
the naval vessel register (sec. 1011).............. 792
Authority to consent to retransfer of former naval
vessel (sec. 1012)................................. 792
Report on naval vessel force structure requirements
(sec. 1013)........................................ 792
Auxiliary vessels acquisition program for the
Department of Defense (sec. 1014).................. 792
National Defense Features program (sec. 1015)........ 793
Sales of naval shipyard articles and services to
nuclear ship contractors (sec. 1016)............... 793
Transfer of naval vessel to foreign country (sec.
1017).............................................. 793
Authority to transfer naval vessels to certain
foreign countries (sec. 1018)...................... 793
Subtitle C--Support for Civilian Law Enforcement and
Counter Drug Activities................................ 794
Forward operating locations.......................... 794
Technologies assessment.............................. 795
Legislative Provisions Adopted............................... 795
Modification of limitation on funding assistance for
procurement of equipment for the National Guard for
drug interdiction and counter-drug activities (sec.
1021).............................................. 795
Temporary extension to certain naval aircraft of
Coast Guard authority for drug interdiction
activities (sec. 1022)............................. 795
Military assistance to civil authorities to respond
to act or threat of terrorism (sec. 1023).......... 795
Condition on development of forward operating
locations for U.S. Southern Command counter-drug
detection and monitoring flights (sec. 1024)....... 796
Annual report on United States military activities in
Colombia (sec. 1025)............................... 796
Report on use of radar systems for counter-drug
detection and monitoring (sec. 1026)............... 796
Plan regarding assignment of military personnel to
assist Immigration and Naturalization Service and
Customs Service (sec. 1027)........................ 796
Subtitle D--Miscellaneous Report Requirements and Repeals 796
Preservation and repeal of certain defense reporting
requirements (secs. 1031 and 1032)................. 796
Reports on risks under National Military Strategy and
combatant command requirements (sec. 1033)......... 797
Report on lift and prepositioned support requirements
to support National Military Strategy (sec. 1034).. 797
Report on assessments of readiness to execute the
National Military Strategy (sec. 1035)............. 798
Report on Rapid Assessment and Initial Detection
teams (sec. 1036).................................. 798
Report on unit readiness of units considered to be
assets of Consequence Management Program
Integration Office (sec. 1037)..................... 798
Analysis of relationship between threats and budget
submission for fiscal year 2001 (sec. 1038)........ 798
Report on NATO defense capabilities initiative (sec.
1039).............................................. 799
Report on motor vehicle violations by operators of
official Army vehicles (sec. 1040)................. 799
Subtitle E--Information Security......................... 799
Identification in budget materials of amounts for
declassification activities and limitation on
expenditures for such activities (sec. 1041)....... 799
Notice to congressional committees of certain
security and counterintelligence failures within
defense programs (sec. 1042)....................... 800
Information Assurance Initiative (sec. 1043)......... 800
Nondisclosure of information on personnel of
overseas, sensitive, or routinely deployable units
(sec. 1044)........................................ 801
Nondisclosure of certain operational files of the
National Imagery and Mapping Agency (sec. 1045).... 801
Subtitle F--Memorial Objects and Commemorations.............. 801
Moratorium on the return of veterans memorial objects
to foreign nations without specific authorization
in law (sec. 1051)................................. 801
Program to commemorate 50th anniversary of the Korean
War (sec. 1052).................................... 801
Commemoration of the victory of freedom in the Cold
War (sec. 1053).................................... 802
Subtitle G--Other Matters.................................... 802
Defense Science Board task force on use of television
and radio as a propaganda instrument in time of
military conflict (sec. 1061)...................... 802
Assessment of electromagnetic spectrum reallocation
(sec. 1062)........................................ 802
Extension and reauthorization of Defense Production
Act of 1950 (sec. 1063)............................ 803
Performance of threat and risk assessments (sec.
1064).............................................. 803
Chemical agents used for defensive training (sec.
1065).............................................. 804
Technical and clerical amendments (sec. 1066)........ 804
Amendments to reflect name change of Committee on
National Security of the House of Representatives
to Committee on Armed Services (sec. 1067)......... 804
Legislative Provisions Not Adopted........................... 804
Authority for payment of settlement claims........... 804
Consolidation of various Department of the Navy trust
and gift funds..................................... 805
Military Voting Rights Act of 1999................... 805
Nondisclosure of information of the National Imagery
and Mapping Agency having commercial significance.. 805
Offshore entities interfering with Department of
Defense use of the frequency spectrum.............. 805
Repeal of requirement for two-year budget cycle for
the Department of Defense.......................... 805
Sense of the Senate on negotiations with indicted war
criminals.......................................... 806
Sense of the Senate regarding settlement of claims of
American servicemen's family regarding deaths
resulting from the accident off the coast of
Namibia on September 13, 1997...................... 806
Title XI--Department of Defense Civilian Personnel............... 806
Legislative Provisions Adopted............................... 806
Accelerated implementation of voluntary early
retirement authority (sec. 1101)................... 806
Increase of pay cap for nonappropriated fund senior
executive employees (sec. 1102).................... 806
Restoration of leave of emergency essential employees
serving in a combat zone (sec. 1103)............... 807
Extension of certain temporary authorities to provide
benefits for employees in connection with defense
work-force reductions and restructuring (sec. 1104) 807
Leave without loss of benefits for military reserve
technicians on active duty in support of combat
operations (sec. 1105)............................. 807
Expansion of Guard-and-Reserve purposes for which
leave under section 6323 of title 5, United States
Code, may be used (sec. 1106)...................... 808
Work schedules and premium pay of service academy
faculty (sec. 1107)................................ 808
Salary schedules and related benefits for faculty and
staff of the Uniformed Services University of the
Health Sciences (sec. 1108)........................ 808
Exemption of defense laboratory personnel from
workforce management restrictions (sec. 1109)...... 808
Legislative Provisions Not Adopted........................... 809
Deference to EEOC procedures for investigation of
complaints of sexual harassment made by employees.. 809
Temporary authority to provide early retirement and
separation incentives for certain civilian
employees.......................................... 809
Title XII--Matters Relating to Other Nations..................... 809
Legislative Provisions Adopted............................... 809
Subtitle A--Matters Relating to the People's Republic of
China.................................................. 809
Limitation on military-to-military exchanges and
contacts with Chinese People's Liberation Army
(sec. 1201)........................................ 809
Annual report on military power of the People's
Republic of China (sec. 1202)...................... 809
Subtitle B--Matters Relating to the Balkans.............. 810
Department of Defense report on the conduct of
Operation Allied Force and associated relief
operations (sec. 1211)............................. 810
Sense of Congress regarding the need for vigorous
prosecution of war crimes, genocide, and crimes
against humanity in the former Republic of
Yugoslavia (sec. 1212)............................. 810
Subtitle C--Matters Relating to NATO and Other Allies.... 811
Legal effect of the new Strategic Concept of NATO
(sec. 1221)........................................ 811
Report on allied capabilities to contribute to major
theater wars (sec. 1222)........................... 811
Attendance at professional military education schools
by military personnel of the new member nations of
NATO (sec. 1223)................................... 812
Subtitle D--Other Matters................................ 812
Multinational economic embargoes against governments
in armed conflict with the United States (sec.
1231).............................................. 812
Limitation on deployment of Armed Forces in Haiti
during fiscal year 2000 and congressional notice of
deployments to Haiti (sec. 1232)................... 812
Report on the security situation on the Korean
peninsula (sec. 1233).............................. 812
Sense of Congress regarding the continuation of
sanctions against Libya (sec. 1234)................ 813
Sense of Congress and report on disengaging from
noncritical overseas missions involving United
States combat forces (sec. 1235)................... 813
Legislative Provisions Not Adopted........................... 813
Annual reports on security in the Taiwan Strait...... 813
Goals for the conflict with the Federal Republic of
Yugoslavia......................................... 813
Title XIII--Cooperative Threat Reduction With States of the
Former Soviet Union............................................ 814
Legislative Provisions Adopted............................... 814
Cooperative Threat Reduction (CTR) program (secs.
1301-1312)......................................... 814
Title XIV--Proliferation and Export Controls..................... 816
Legislative Provisions Adopted............................... 816
Adherence of People's Republic of China to Missile
Technology Control Regime (sec. 1401).............. 816
Annual report on transfers of militarily sensitive
technology to countries and entities of concern
(sec. 1402)........................................ 816
Resources for export license functions (sec. 1403)... 817
Security in connection with satellite export
licensing (sec. 1404).............................. 817
Reporting of technology transmitted to People's
Republic of China and of foreign launch security
violations (sec. 1405)............................. 817
Report on national security implications of exporting
high-performance computers to the People's Republic
of China (sec. 1406)............................... 818
End-use verification for use by People's Republic of
China of high-performance computers (sec. 1407).... 818
Enhanced multilateral export controls (sec. 1408).... 818
Enhancement of activities of Defense Threat Reduction
Agency (sec. 1409)................................. 818
Timely notification of licensing decisions by the
Department of State (sec. 1410).................... 819
Enhanced intelligence consultation on satellite
license applications (sec. 1411)................... 819
Investigations of violations of export controls by
United States satellite manufacturers (sec. 1412).. 820
Legislative Provisions Not Adopted........................... 821
Procedures for review of export of controlled
technologies and items............................. 821
Notice of foreign acquisition of U.S. firms in
national security industries....................... 821
Title XV--Arms Control and Counterproliferation Matters.......... 821
Items of Special Interest.................................... 821
International border security........................ 821
Legislative Provisions Adopted............................... 822
Revision to limitation on retirement or dismantlement
of strategic nuclear delivery systems (sec. 1501).. 822
Sense of Congress on strategic arms reductions (sec.
1502).............................................. 822
Report on strategic stability under START III (sec.
1503).............................................. 822
Counterproliferation Program Review Committee (sec.
1504).............................................. 823
Support of United Nations-sponsored efforts to
inspect and monitor Iraqi weapons activities (sec.
1505).............................................. 823
Title XVI--National Security Space Matters....................... 823
Legislative Provisions Adopted............................... 823
Subtitle A--Space Technology Guide; Reports.............. 823
Space technology guide (sec. 1601)................... 823
Report on vulnerabilities of United States space
assets (sec. 1602)................................. 823
Report on space launch failures (sec. 1603).......... 824
Report on Air Force space launch facilities (sec.
1604).............................................. 824
Subtitle B--Commercial Space Launch Services............. 824
Sense of Congress regarding United States-Russian
cooperation in commercial space launch services
(sec. 1611)........................................ 824
Sense of Congress regarding United States commercial
space launch capacity (sec. 1612).................. 825
Subtitle C--Commission To Assess United States National
Security Space Management and Organization............. 825
Commission to assess United States national security
space management and organization (sec. 1621-1630). 825
Title XVII--Troops-to-Teacher Program............................ 826
Legislative Provisions Adopted............................... 826
Troops-to-Teachers program (sec. 1701-1709).......... 826
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS................. 826
Overview............................................. 826
Title XXI--Army.................................................. 847
Overview............................................. 847
Items of Special Interest.................................... 847
Improvements to military family housing, Army........ 847
Legislative Provisions Adopted............................... 847
Authorized Army construction and land acquisition
projects (sec. 2101)............................... 847
Family housing (sec. 2102)........................... 847
Improvements to military family housing units (sec.
2103).............................................. 847
Authorization of appropriations, Army (sec. 2104).... 848
Title XXII--Navy................................................. 848
Overview............................................. 848
Items of Special Interest.................................... 848
Acquisition of Preposition Equipment Maintenance
Facilities, Blount Island, Jacksonville, Florida... 848
Improvements to military family housing, Navy........ 848
Legislative Provisions Adopted............................... 849
Authorized Navy construction and land acquisition
projects (sec. 2201)............................... 849
Family housing (sec. 2202)........................... 849
Improvements to military family housing units (sec.
2203).............................................. 849
Authorization of appropriations, Navy (sec. 2204).... 849
Modification of authority to carry out fiscal year
1997 project (sec. 2205)........................... 849
Authorization to accept electrical substation
improvements, Guam (sec. 2206)..................... 850
Legislative Provisions Not Adopted........................... 850
Correction in authorized use of funds, Marine Corps
Combat Development Command, Quantico, Virginia..... 850
Title XXIII--Air Force........................................... 850
Overview............................................. 850
Items of Special Interest.................................... 851
Economic redevelopment, Homestead Air Force Base,
Florida............................................ 851
Improvements to military family housing, Air Force... 851
Legislative Provisions Adopted............................... 851
Authorized Air Force construction and land
acquisition projects (sec. 2301)................... 851
Family housing (sec. 2302)........................... 851
Improvements to military family housing units (sec.
2303).............................................. 852
Authorization of appropriations, Air Force (sec.
2304).............................................. 852
Legislative Provisions Not Adopted........................... 852
Consolidation of Air Force Research Laboratory
Facilities at Rome Research Site, Rome, New York... 852
Title XXIV--Defense Agencies..................................... 852
Overview............................................. 852
Items of Special Interest.................................... 853
Armed Forces Institute of Pathology Facility, Walter
Reed Army Medical Center, Washington, DC........... 853
Legislative Provisions Adopted............................... 853
Authorized Defense Agencies construction and land
acquisition projects (sec. 2401)................... 853
Improvements to military family housing units (sec.
2402).............................................. 854
Military Housing Improvement Program (sec. 2403)..... 854
Energy conservation projects (sec. 2404)............. 854
Authorization of appropriations, Defense Agencies
(sec. 2405)........................................ 854
Increase in fiscal year 1997 authorization for
military construction projects at Pueblo Chemical
Activity, Colorado (sec. 2406)..................... 854
Condition on obligation of military construction
funds for Drug Interdiction and Counter-Drug
Activities (sec. 2407)............................. 854
Title XXV--North Atlantic Treaty Organization Security Investment
Program........................................................ 855
Overview............................................. 855
Legislative Provisions Adopted............................... 855
Authorized NATO construction and land acquisition
projects (sec. 2501)............................... 855
Authorization of appropriations, NATO (sec. 2502).... 855
Title XXVI--Guard and Reserve Forces Facilities.................. 855
Overview............................................. 855
Legislative Provisions Adopted............................... 856
Authorized Guard and Reserve construction and land
acquisition projects (sec. 2601)................... 856
Modification of authority to carry out fiscal year
1998 project (sec. 2602)........................... 856
Title XXVII--Expiration and Extension of Authorizations.......... 856
Legislative Provisions Adopted............................... 856
Expiration of authorizations and amounts required to
be specified by law (sec. 2701).................... 856
Extension of authorizations of certain fiscal year
1997 projects (sec. 2702).......................... 857
Extension of authorizations of certain fiscal year
1996 projects (sec. 2703).......................... 857
Effective date (sec. 2704)........................... 857
Title XXVIII--General Provisions................................. 857
Legislative Provisions Adopted............................... 857
Subtitle A--Military Construction Program and Military
Family Housing Changes................................. 857
Exemption from notice and wait requirements of
military construction projects supported by
burdensharing funds undertaken for war or national
emergency (sec. 2801).............................. 857
Development of Ford Island, Hawaii (sec. 2802)....... 858
Expansion of entities eligible to participate in
alternative authority for acquisition and
improvement of military housing (sec. 2803)........ 859
Restriction on authority to acquire or construct
ancillary supporting facilities for housing units
(sec. 2804)........................................ 859
Planning and design for military construction
projects for reserve components (sec. 2805)........ 859
Modification of limitations on reserve component
facility projects for certain safety projects (sec.
2806).............................................. 859
Sense of Congress on using incremental funding to
carry out military construction projects (sec.
2807).............................................. 860
Subtitle B--Real Property and Facilities Administration.. 860
Extension of authority for lease of real property for
special operations activities (sec. 2811).......... 860
Enhancement of authority relating to utility
privatization (sec. 2812).......................... 861
Acceptance of funds to cover administrative expenses
relating to certain real property transactions
(sec. 2813)........................................ 861
Operations of Naval Academy dairy farm (sec. 2814)... 861
Study and report on impacts to military readiness of
proposed land management changes on public lands in
Utah (sec. 2815)................................... 861
Designation of missile intelligence building at
Redstone Arsenal, Alabama, as the Richard C. Shelby
Center for Missile Intelligence (sec. 2816)........ 862
Subtitle C--Defense Base Closure and Realignment......... 862
Economic development conveyance of base closure
property (sec. 2821)............................... 862
Continuation of authority to use Department of
Defense Base Closure Account 1990 for activities
required to close or realign military installations
(sec. 2822)........................................ 863
Subtitle D--Land Conveyances............................. 864
Part I--Army Conveyances................................. 864
Transfer of jurisdiction, Fort Sam Houston, Texas
(sec. 2831)........................................ 864
Land exchange, Rock Island Arsenal, Illinois (sec.
2832).............................................. 864
Land conveyance, Army Reserve Center, Bangor, Maine
(sec. 2833)........................................ 864
Land conveyance, Army Reserve Center, Kankakee,
Illinois (sec. 2834)............................... 864
Land conveyance, Army Reserve Center, Cannon Falls,
Minnesota (sec. 2835).............................. 865
Land conveyance, Army Maintenance Support Activity
(Marine) Number 84, Marcus Hook, Pennsylvania (sec.
2836).............................................. 865
Land conveyances, Army docks and related property,
Alaska (sec. 2837)................................. 865
Land conveyance, Fort Huachuca, Arizona (sec. 2838).. 866
Land conveyance, Nike Battery 80 family housing site,
East Hanover Township, New Jersey (sec. 2839)...... 866
Land conveyances, Twin Cities Army Ammunition Plant,
Minnesota (sec. 2840).............................. 866
Repair and conveyance of Red Butte Dam and Reservoir,
Salt Lake City, Utah (sec. 2841)................... 866
Modification of land conveyance, Joliet Army
Ammunition Plant, Illinois (sec. 2842)............. 867
Part II--Navy Conveyances................................ 867
Land conveyance, Naval Weapons Industrial Reserve
Plant No 387, Dallas, Texas (sec. 2851)............ 867
Land conveyance, Marine Corps Air Station, Cherry
Point, North Carolina (sec. 2852).................. 868
Land conveyance, Newport, Rhode Island (sec. 2853)... 868
Land conveyance, Naval Training Center, Orlando,
Florida (sec. 2854)................................ 868
One-year delay in demolition of radio transmitting
facility towers at Naval Station, Annapolis,
Maryland, to facilitate transfer of towers (sec.
2855).............................................. 869
Clarification of land exchange, Naval Reserve
Readiness Center, Portland, Maine (sec. 2856)...... 869
Revision to lease authority, Naval Air Station,
Meridian Mississippi (sec. 2857)................... 869
Land conveyance, Norfolk, Virginia (sec. 2858)....... 869
Part III--Air Force Conveyances.......................... 870
Land conveyance, Newington Defense Fuel Supply Point,
New Hampshire (sec. 2861).......................... 870
Land conveyance, Tyndall Air Force Base, Florida
(sec. 2862)........................................ 870
Land conveyance, Port of Anchorage, Alaska (sec.
2863).............................................. 871
Land conveyance, Forestport Test Annex, New York
(sec. 2864)........................................ 871
Land conveyance, McClellan Nuclear Radiation Center,
California (sec. 2865)............................. 871
Subtitle E--Other Matters................................ 871
Acceptance of guarantees in connection with gifts to
military service academies (sec. 2871)............. 871
Acquisition of State-held inholdings, East Range of
Fort Huachuca, Arizona (sec. 2872)................. 872
Enhancement of Pentagon renovation activities (sec.
2873).............................................. 872
Subtitle F--Expansion of Arlington National Cemetary..... 872
Expansion of Arlington National Cemetery (secs. 2881-
2882).............................................. 872
Legislative Provisions Not Adopted........................... 873
Contributions for North Atlantic Treaty Organization
Security Investment................................ 873
Defense Chemical Demilitarization Construction
Account............................................ 873
Future use of Navy Annex property, Arlington,
Virginia........................................... 874
Land conveyance, Fort Des Moines, Iowa............... 874
Land conveyance, Naval and Marine Corps Reserve
Center, Orange County, Texas....................... 874
Title XXIX--Commission on National Military Museum............... 875
Legislative Provisions Adopted............................... 875
Commission on the National Military Museum (secs.
2901-2909)......................................... 875
Title XXX--Military Land Withdrawals............................. 876
Short title (sec. 3001).............................. 877
Legislative Provisions Adopted............................... 877
Subtitle A--Withdrawals Generally........................ 877
Withdrawals (sec. 3001).............................. 877
Maps and legal descriptions (sec. 3012).............. 877
Termination of withdrawals in Military Lands
Withdrawal Act of 1986 (sec. 3013)................. 877
Management of lands (sec. 3014)...................... 877
Duration of withdrawal and reservation (sec. 3015)... 877
Extension of initial withdrawal and reservation (sec.
3016).............................................. 878
Ongoing decontamination (sec. 3017).................. 878
Delegation (sec. 3018)............................... 878
Water rights (sec. 3019)............................. 878
Hunting, fishing, and trapping (sec. 3020)........... 878
Mining and mineral leasing (sec. 3021)............... 878
Use of mineral materials (sec. 3022)................. 879
Immunity of United States (sec. 3023)................ 879
Subtitle B--Withdrawals in Arizona....................... 879
Barry M. Goldwater Range, Arizona (sec. 3031)........ 879
Military use of Cabeza Prieta National Wildlife
Refuge and Cabeza Prieta Wilderness (sec. 3032).... 880
Maps and legal descriptions (sec. 3033).............. 880
Water rights (sec. 3034)............................. 880
Hunting, fishing, and trapping (sec. 3035)........... 880
Use of mineral materials (sec. 3036)................. 880
Immunity of United States (sec. 3037)................ 881
Subtitle C--Authorization of Appropriations.............. 881
Authorization of appropriations (sec. 3041).......... 881
Division C--Department of Energy National Security Authorizations
and Other Authorizations....................................... 881
Title XXXI--Department of Energy National Security Programs...... 881
Overview............................................. 881
Items of Special Interest.................................... 896
Long-term stewardship plan........................... 896
Legislative Provisions Adopted............................... 896
Subtitle A--National Security Programs Authorizations.... 896
Weapons activities (sec. 3101)....................... 896
Accelerated Strategic Computing Initiative and
Stockpile Computing program........................ 897
Inertial Confinement Fusion.......................... 897
Technology partnerships and education................ 897
Stockpile management programs........................ 898
Tritium production................................... 898
Defense programs campaigns........................... 899
Defense environmental restoration and waste
management (sec. 3102 )............................ 899
Defense facility closure projects.................... 899
Post-2006 completion................................. 900
Technology development............................... 900
Program direction.................................... 900
Columbia River Corridor Initiative................... 900
Other defense activities (sec. 3103)................. 900
Nonproliferation and national security............... 901
Arms control......................................... 901
Security clearances.................................. 901
Fissile materials and control disposition............ 901
International nuclear safety......................... 901
Worker and community transition...................... 902
Environment, safety and health defense............... 902
Counterintelligence.................................. 902
Intelligence......................................... 902
Defense nuclear waste disposal (sec. 3104)........... 902
Defense environmental management privatization (sec.
3105).............................................. 902
Subtitle B--Recurring General Provisions................. 903
Reprogramming (sec. 3121)............................ 903
Limits on general plant projects (sec. 3122)......... 903
Limits on construction projects (sec. 3123).......... 904
Fund transfer authority (sec. 3124).................. 904
Authority for conceptual and construction design
(sec. 3125)........................................ 904
Authority for emergency planning, design, and
construction activities (sec. 3126)................ 904
Funds available for all national security programs of
the Department of Energy (sec. 3127)............... 905
Availability of funds (sec. 3128).................... 905
Transfers of defense environmental management funds
(sec. 3129)........................................ 905
Subtitle C--Program Authorizations, Restrictions, and
Limitations............................................ 905
Prohibition on use of funds for certain activities
under Formerly Utilized Site Remedial Action
Program (sec. 3131)................................ 905
Continuation of processing, treatment, and
disposition of legacy nuclear materials (sec. 3132) 906
Nuclear weapons stockpile life extension program
(sec. 3133)........................................ 906
Procedures for meeting tritium production
requirements (sec. 3134)........................... 906
Independent cost estimate of accelerator production
of tritium (sec. 3135)............................. 907
Nonproliferation initiatives and activities (sec.
3136).............................................. 907
Support of theater ballistic missile defense
activities of the Department of Defense (sec. 3137) 908
Subtitle D--Matters Relating to Safeguards, Security, and
Counterintelligence.................................... 909
Short title (sec. 3141).............................. 909
Commission on Safeguards, Security, and
Counterintelligence at Department of Energy
Facilities (sec. 3142)............................. 909
Background investigations of certain personnel at
Department of Energy facilities (sec. 3143)........ 910
Conduct of security clearances (sec. 3144)........... 910
Protection of classified information during
laboratory-to-laboratory exchanges (sec. 3145)..... 911
Restrictions on access to national laboratories by
foreign visitors from sensitive countries (sec.
3146).............................................. 911
Department of Energy regulations relating to the
safeguarding and security of restricted data (sec.
3147).............................................. 913
Increased penalties for misuse of Restricted Data
(sec. 3148)........................................ 914
Supplement to plan for declassification of restricted
data and formerly restricted data (sec. 3149)...... 914
Notice to congressional committees of certain
security and counterintelligence failures within
nuclear energy defense programs (sec. 3150)........ 914
Annual report by the President on espionage by the
Peoples Republic of China (sec. 3151).............. 915
Report on counterintelligence and security practices
at national laboratories (sec. 3152)............... 915
Report on security vulnerabilities of national
laboratory computers (sec. 3153)................... 916
Department of Energy counterintelligence polygraph
program (sec. 3154)................................ 916
Definition of national laboratory and nuclear weapons
production facility (sec. 3155).................... 917
Definition of Restricted Data (sec. 3156)............ 917
Subtitle E--Matters Relating to Personnel................ 917
Extension of authority of Department of Energy to pay
voluntary separation incentive payments (sec. 3161) 917
Fellowship program for development of skills critical
to the Department of Energy nuclear weapons complex
(sec. 3162)........................................ 918
Maintenance of nuclear weapons expertise in the
Department of Defense and Department of Energy
(sec. 3163)........................................ 919
Whistleblower protection program (sec. 3164)......... 919
Subtitle F--Other Matters................................ 920
Requirement for plan to improve reprogramming
processes (sec. 3171).............................. 920
Integrated fissile materials management plan (sec.
3172).............................................. 920
Identification in budget materials of amounts for
declassification activities and limitation on
expenditures for such activities (sec. 3173)....... 921
Sense of Congress regarding technology transfer
coordination for Department of Energy national
laboratories (sec. 3174)........................... 921
Pilot program for project management oversight
regarding Department of Energy construction
projects (sec. 3175)............................... 922
Pilot program of Department of Energy to authorize
use of prior year unobligated balances for
accelerated site cleanup at Rocky Flats
Environmental Technology Site, Colorado (sec. 3176) 923
Proposed schedule for shipments of waste from the
Rocky Flats Environmental Technology Site,
Colorado, to the Waste Isolation Pilot Plant, New
Mexico (sec. 3177)................................. 923
Comptroller General report on closure of Rocky Flats
Environmental Technology Site, Colorado (sec. 3178) 923
Extension of review of Waste Isolation Pilot Plant,
New Mexico (sec. 3179)............................. 924
Legislative Provisions Not Adopted........................... 924
Civil monetary penalties for violations of Department
of Energy regulations relating to the safeguarding
and securing of restricted data.................... 924
Commission on Nuclear Weapons Management............. 925
Department of Energy counterintelligence cyber
security program................................... 925
Department of Energy polygraph examinations.......... 925
Investigation and remediation of alleged reprisals
for disclosure of certain information to Congress.. 925
Modification of laboratory-directed research and
development to provide funds for theater ballistic
missile defense.................................... 926
Report on whether the Department of Energy should
continue to maintain nuclear weapons responsibility 926
Title XXXII--National Nuclear Security Administration............ 927
Short Title (sec. 3201).............................. 927
Under Secretary for Nuclear Security of Department of
Energy (sec. 3202)................................. 928
Establishment of policy for National Nuclear Security
Administration (sec. 3203)......................... 928
Organization of Department of Energy
counterintelligence and intelligence programs and
activities (sec. 3204)............................. 928
Subtitle A--Establishment and Organization............... 928
Establishment and mission (sec. 3211)................ 928
Administrator for Nuclear Security (sec. 3212)....... 929
Status of Administration and contractor personnel
within Department of Energy (sec. 3213)............ 929
Deputy Administrator for Defense Programs (sec. 3214) 929
Deputy Administrator for Defense Nuclear
Nonproliferation (sec. 3215)....................... 930
Deputy Administrator for Naval Reactors (sec. 3216).. 930
General Counsel (sec. 3217).......................... 930
Staff of Administration (sec. 3218).................. 930
Subtitle B--Matters Relating to Security................. 930
Protection of national security information (sec.
3231).............................................. 930
Office of Defense Nuclear Counterintelligence and
Office of Defense Nuclear Security (sec. 3232)..... 930
Counterintelligence programs (sec. 3233)............. 931
Procedures relating to access by individuals to
classified areas and information of Administration
(sec. 3234)........................................ 932
Government access to information on Administration
computers (sec. 3235).............................. 932
Congressional oversight of special access programs
(sec. 3236)........................................ 933
Subtitle C--Matters Relating to Personnel................ 933
Authority to establish certain scientific,
engineering, and technical positions (sec. 3241)... 933
Voluntary early retirement authority (sec. 3242)..... 933
Severance pay (sec. 3243)............................ 933
Continued coverage of health care benefits (sec.
3244).............................................. 933
Subtitle D--Budget and Financial Management.............. 933
Separate treatment in budget (sec. 3251)............. 933
Planning, programming, and budgeting process (sec.
3252).............................................. 934
Future-years nuclear security program (sec. 3253).... 934
Subtitle E--Miscellaneous Provisions..................... 935
Environmental protection, safety, and health
requirements (sec. 3261)........................... 935
Compliance with federal acquisition regulation (sec.
3262).............................................. 935
Sharing of technology with Department of Defense
(sec. 3263)........................................ 935
Use of capabilities of national security laboratories
by entities outside administration (sec. 3264)..... 935
Subtitle F--Definitions.................................. 935
Definitions (sec. 3281).............................. 935
Subtitle G--Amendatory Provisions, Transition Provisions,
and Effective Dates.................................... 935
Functions transferred (sec. 3291).................... 935
Transfer of funds and employees (sec. 3292).......... 935
Pay levels (sec. 3293)............................... 936
Conforming amendments (sec. 3294).................... 936
Transition provisions (sec. 3295).................... 936
Applicability of pre-existing laws and regulations
(sec. 3296)........................................ 936
Report containing implementation plan of Secretary of
Energy (sec. 3297)................................. 936
Classification in United States Code (sec. 3298)..... 936
Effective dates (sec. 3299).......................... 936
Title XXXIII--Defense Nuclear Facilities Safety Board............ 937
Legislative Provisions Adopted........................... 937
Defense Nuclear Facilities Safety Board (sec. 3301).. 937
Title XXXIV--National Defense Stockpile.......................... 937
Legislative Provisions Adopted........................... 937
Authorized uses of stockpile funds (sec. 3401)....... 937
Disposal of certain materials in National Defense
Stockpile (sec. 3402).............................. 937
Limitations on previous authority for disposal of
stockpile materials (sec. 3403).................... 937
Legislative Provisions Not Adopted....................... 937
Definitions.......................................... 937
Title XXXV--Panama Canal Commission.............................. 938
Legislative Provisions Adopted........................... 938
Short title (sec. 3501).............................. 938
Authorization of expenditures (sec. 3502)............ 938
Purchase of vehicles (sec. 3503)..................... 938
Office of Transition Administration (sec. 3504)...... 938
Expenditures only in accordance with treaties (sec.
3505).............................................. 939
Title XXXVI--Maritime Administration............................. 939
Legislative Provisions Adopted........................... 939
Short title (sec. 3601).............................. 939
Authorization of appropriations for fiscal year 2000
(sec. 3602)........................................ 939
Extension of war risk insurance authority (sec. 3603) 939
Ownership of the Jeremiah O'Brien (sec. 3604)........ 939
Legislative Provisions Not Adopted....................... 939
Amendments to title XI of the Merchant Marine Act,
1936............................................... 939
106th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 106-301
======================================================================
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2000
_______
August 6 (legislative day, August 5), 1999.--Ordered to be printed
_______
Mr. Spence, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany S. 1059]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the House to the bill (S.
1059), 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, having met, after
full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House and agreed to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
House amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2000''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions
as follows:
(1) Division A--Department of Defense
Authorizations.
(2) Division B--Military Construction
Authorizations.
(3) Division C--Department of Energy National
Security Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical demilitarization program.
Sec. 108. Defense health programs.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for certain Army programs.
Sec. 112. Procurement requirements for the Family of Medium Tactical
Vehicles.
Sec. 113. Army aviation modernization.
Sec. 114. Multiple Launch Rocket System.
Sec. 115. Extension of pilot program on sales of manufactured articles
and services of certain Army industrial facilities without
regard to availability from domestic sources.
Sec. 116. Extension of authority to carry out Armament Retooling and
Manufacturing Support Initiative.
Subtitle C--Navy Programs
Sec. 121. F/A-18E/F Super Hornet aircraft program.
Sec. 122. Arleigh Burke class destroyer program.
Sec. 123. Repeal of requirement for annual report from shipbuilders
under certain nuclear attack submarine programs.
Sec. 124. LHD-8 amphibious assault ship program.
Sec. 125. D-5 missile program.
Subtitle D--Air Force Programs
Sec. 131. F-22 aircraft program.
Sec. 132. Replacement options for conventional air-launched cruise
missile.
Sec. 133. Procurement of firefighting equipment for the Air National
Guard and the Air Force Reserve.
Sec. 134. F-16 tactical manned reconnaisance aircraft.
Subtitle E--Chemical Stockpile Destruction Program
Sec. 141. Destruction of existing stockpile of lethal chemical agents
and munitions.
Sec. 142. Comptroller General report on anticipated effects of proposed
changes in operation of storage sites for lethal chemical
agents and munitions.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Collaborative program to evaluate and demonstrate advanced
technologies for advanced capability combat vehicles.
Sec. 212. Sense of Congress regarding defense science and technology
program.
Sec. 213. Micro-satellite technology development program.
Sec. 214. Space control technology.
Sec. 215. Space maneuver vehicle program.
Sec. 216. Manufacturing technology program.
Sec. 217. Revision to limitations on high altitude endurance unmanned
vehicle program.
Subtitle C--Ballistic Missile Defense
Sec. 231. Space Based Infrared System (SBIRS) low program.
Sec. 232. Theater missile defense upper tier acquisition strategy.
Sec. 233. Acquisition strategy for Theater High-Altitude Area Defense
(THAAD) system.
Sec. 234. Space-based laser program.
Sec. 235. Criteria for progression of airborne laser program.
Sec. 236. Sense of Congress regarding ballistic missile defense
technology funding.
Sec. 237. Report on national missile defense.
Subtitle D--Research and Development for Long-Term Military Capabilities
Sec. 241. Quadrennial report on emerging operational concepts.
Sec. 242. Technology area review and assessment.
Sec. 243. Report by Under Secretary of Defense for Acquisition,
Technology, and Logistics.
Sec. 244. DARPA program for award of competitive prizes to encourage
development of advanced technologies.
Sec. 245. Additional pilot program for revitalizing Department of
Defense laboratories.
Subtitle E--Other Matters
Sec. 251. Development of Department of Defense laser master plan and
execution of solid state laser program.
Sec. 252. Report on Air Force distributed mission training.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Transfer to Defense Working Capital Funds to support Defense
Commissary Agency.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 311. Armed Forces Emergency Services.
Sec. 312. Replacement of nonsecure tactical radios of the 82nd Airborne
Division.
Sec. 313. Large medium-speed roll-on/roll-off (LMSR) program.
Sec. 314. Contributions for Spirit of Hope endowment fund of United
Service Organizations, Incorporated.
Subtitle C--Environmental Provisions
Sec. 321. Extension of limitation on payment of fines and penalties
using funds in environmental restoration accounts.
Sec. 322. Modification of requirements for annual reports on
environmental compliance activities.
Sec. 323. Defense environmental technology program and investment
control process for environmental technologies.
Sec. 324. Modification of membership of Strategic Environmental Research
and Development Program Council.
Sec. 325. Extension of pilot program for sale of air pollution emission
reduction incentives.
Sec. 326. Reimbursement for certain costs in connection with Fresno Drum
Superfund Site, Fresno, California.
Sec. 327. Payment of stipulated penalties assessed under CERCLA in
connection with F.E. Warren Air Force Base, Wyoming.
Sec. 328. Remediation of asbestos and lead-based paint.
Sec. 329. Release of information to foreign countries regarding any
environmental contamination at former United States military
installations in those countries.
Sec. 330. Toussaint River ordnance mitigation study.
Subtitle D--Depot-Level Activities
Sec. 331. Sales of articles and services of defense industrial
facilities to purchasers outside the Department of Defense.
Sec. 332. Contracting authority for defense working capital funded
industrial facilities.
Sec. 333. Annual reports on expenditures for performance of depot-level
maintenance and repair workloads by public and private
sectors.
Sec. 334. Applicability of competition requirement in contracting out
workloads performed by depot-level activities of Department of
Defense.
Sec. 335. Treatment of public sector winning bidders for contracts for
performance of depot-level maintenance and repair workloads
formerly performed at certain military installations.
Sec. 336. Additional matters to be reported before prime vendor contract
for depot-level maintenance and repair is entered into.
Subtitle E--Performance of Functions by Private-Sector Sources
Sec. 341. Reduced threshold for consideration of effect on local
community of changing defense functions to private sector
performance.
Sec. 342. Congressional notification of A-76 cost comparison waivers.
Sec. 343. Report on use of employees of non-Federal entities to provide
services to Department of Defense.
Sec. 344. Evaluation of total system performance responsibility program.
Sec. 345. Sense of Congress regarding process for modernization of Army
computer services.
Subtitle F--Defense Dependents Education
Sec. 351. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of
Defense civilian employees.
Sec. 352. Unified school boards for all Department of Defense Domestic
Dependent Schools in the Commonwealth of Puerto Rico and Guam.
Sec. 353. Continuation of enrollment at Department of Defense domestic
dependent elementary and secondary schools.
Sec. 354. Technical amendments to Defense Dependents' Education Act of
1978.
Subtitle G--Military Readiness Issues
Sec. 361. Independent study of military readiness reporting system.
Sec. 362. Independent study of Department of Defense secondary inventory
and parts shortages.
Sec. 363. Report on inventory and control of military equipment.
Sec. 364. Comptroller General study of adequacy of Department
restructured sustainment and reengineered logistics product
support practices.
Sec. 365. Comptroller General review of real property maintenance and
its effect on readiness.
Sec. 366. Establishment of logistics standards for sustained military
operations.
Subtitle H--Information Technology Issues
Sec. 371. Discretionary authority to install telecommunication equipment
for persons performing voluntary services.
Sec. 372. Authority for disbursing officers to support use of automated
teller machines on naval vessels for financial transactions.
Sec. 373. Use of Smart Card technology in the Department of Defense.
Sec. 374. Report on defense use of Smart Card as PKI authentication
device carrier.
Subtitle I--Other Matters
Sec. 381. Authority to lend or donate obsolete or condemned rifles for
funeral and other ceremonies.
Sec. 382. Extension of warranty claims recovery pilot program.
Sec. 383. Preservation of historic buildings and grounds at United
States Soldiers' and Airmen's Home, District of Columbia.
Sec. 384. Clarification of land conveyance authority, United States
Soldiers' and Airmen's Home.
Sec. 385. Treatment of Alaska, Hawaii, and Guam in defense household
goods moving programs.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Increase in numbers of members in certain grades authorized to
be on active duty in support of the Reserves.
Sec. 415. Selected Reserve end strength flexibility.
Subtitle C--Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Temporary authority for recall of retired aviators.
Sec. 502. Increase in maximum number of officers authorized to be on
active-duty list in frocked grades of brigadier general and
rear admiral (lower half).
Sec. 503. Reserve officers requesting or otherwise causing nonselection
for promotion.
Sec. 504. Minimum grade of officers eligible to serve on boards of
inquiry.
Sec. 505. Minimum selection of warrant officers for promotion from below
the promotion zone.
Sec. 506. Increase in threshold period of active duty for applicability
of restriction on holding of civil office by retired regular
officers and reserve officers.
Sec. 507. Exemption of retiree council members from recalled retiree
limits.
Sec. 508. Technical amendments relating to joint duty assignments.
Sec. 509. Three-year extension of requirement for competition for joint
4-star officer positions.
Subtitle B--Reserve Component Personnel Policy
Sec. 511. Continuation of officers on reserve active-status list to
complete disciplinary action.
Sec. 512. Authority to order reserve component members to active duty to
complete a medical evaluation.
Sec. 513. Exclusion of reserve officers on educational delay from
eligibility for consideration for promotion.
Sec. 514. Extension of period for retention of reserve component majors
and lieutenant commanders who twice fail of selection for
promotion.
Sec. 515. Computation of years of service exclusion.
Sec. 516. Retention of reserve component chaplains until age 67.
Sec. 517. Expansion and codification of authority for space-required
travel on military aircraft for reserves performing inactive-
duty training outside the continental United States.
Subtile C--Military Technicians
Sec. 521. Revision to military technician (dual status) law.
Sec. 522. Civil service retirement of technicians.
Sec. 523. Revision to non-dual status technicians statute.
Sec. 524. Revision to authorities relating to National Guard
technicians.
Sec. 525. Effective date.
Sec. 526. Secretary of Defense review of Army technician costing
process.
Sec. 527. Fiscal year 2000 limitation on number of non-dual status
technicians.
Subtitle D--Service Academies
Sec. 531. Strength limitations at the service academies.
Sec. 532. Superintendents of the service academies.
Sec. 533. Dean of Academic Board, United States Military Academy and
Dean of the Faculty, United States Air Force Academy.
Sec. 534. Waiver of reimbursement of expenses for instruction at service
academies of persons from foreign countries.
Sec. 535. Expansion of foreign exchange programs of the service
academies.
Subtitle E--Education and Training
Sec. 541. Establishment of a Department of Defense international student
program at the senior military colleges.
Sec. 542. Authority for Army War College to award degree of master of
strategic studies.
Sec. 543. Authority for Air University to confer graduate-level degrees.
Sec. 544. Reserve credit for participation in health professions
scholarship and financial assistance program.
Sec. 545. Permanent authority for ROTC scholarships for graduate
students.
Sec. 546. Increase in monthly subsistence allowance for Senior ROTC
cadets selected for advanced training.
Sec. 547. Contingent funding increase for Junior ROTC program.
Sec. 548. Change from annual to biennial reporting under the reserve
component Montgomery GI bill.
Sec. 549. Recodification and consolidation of statutes denying Federal
grants and contracts by certain departments and agencies to
institutions of higher education that prohibit senior ROTC
units or military recruiting on campus.
Sec. 550. Accrual funding for Coast Guard Montgomery GI bill
liabilities.
Subtitle F--Reserve Component Management
Sec. 551. Financial assistance program for pursuit of degrees by officer
candidates in Marine Corps Platoon Leaders Class program.
Sec. 552. Options to improve recruiting for the Army Reserve.
Sec. 553. Joint duty assignments for reserve component general and flag
officers.
Sec. 554. Grade of chiefs of reserve components and additional general
officers at the National Guard Bureau.
Sec. 555. Duties of Reserves on active duty in support of the Reserves.
Sec. 556. Repeal of limitation on number of Reserves on full-time active
duty in support of preparedness for responses to emergencies
involving weapons of mass destruction.
Sec. 557. Establishment of Office of the Coast Guard Reserve.
Sec. 558. Report on use of National Guard facilities and infrastructure
for support of provision of services to veterans.
Subtitle G--Decorations, Awards, and Commendations
Sec. 561. Waiver of time limitations for award of certain decorations to
certain persons.
Sec. 562. Authority for award of Medal of Honor to Alfred Rascon for
valor during the Vietnam conflict.
Sec. 563. Elimination of current backlog of requests for replacement of
military decorations.
Sec. 564. Retroactive award of Navy Combat Action Ribbon.
Sec. 565. Sense of Congress concerning Presidential unit citation for
crew of the U.S.S. Indianapolis.
Subtitle H--Matters Relating to Recruiting
Sec. 571. Access to secondary school students for military recruiting
purposes.
Sec. 572. Increased authority to extend delayed entry period for
enlistments of persons with no prior military service.
Sec. 573. Army College First pilot program.
Sec. 574. Use of recruiting materials for public relations purposes.
Subtitle I--Matters Relating to Missing Persons
Sec. 575. Nondisclosure of debriefing information on certain missing
persons previously returned to United States control.
Sec. 576. Recovery and identification of remains of certain World War II
servicemen lost in Pacific Theater of Operations.
Subtitle J--Other Matters
Sec. 577. Authority for special courts-martial to impose sentences to
confinement and forfeitures of pay of up to one year.
Sec. 578. Funeral honors details for funerals of veterans.
Sec. 579. Purpose and funding limitations for National Guard Challenge
program.
Sec. 580. Department of Defense Starbase program.
Sec. 581. Survey of members leaving military service on attitudes toward
military service.
Sec. 582. Service review agencies covered by professional staffing
requirement.
Sec. 583. Participation of members in management of organizations abroad
that promote international understanding.
Sec. 584. Support for expanded child care services and youth program
services for dependents.
Sec. 585. Report and regulations on Department of Defense policies on
protecting the confidentiality of communications with
professionals providing therapeutic or related services
regarding sexual or domestic abuse.
Sec. 586. Members under burdensome personnel tempo.
Subtitle K--Domestic Violence
Sec. 591. Defense task force on domestic violence.
Sec. 592. Incentive program for improving responses to domestic violence
involving members of the Armed Forces and military family
members.
Sec. 593. Uniform Department of Defense policies for responses to
domestic violence.
Sec. 594. Central Department of Defense database on domestic violence
incidents.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2000 increase in military basic pay and reform of
basic pay rates.
Sec. 602. Pay increases for fiscal years 2001 through 2006.
Sec. 603. Additional amount available for fiscal year 2000 increase in
basic allowance for housing inside the United States.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonuses and special pay authorities for
reserve forces.
Sec. 612. Extension of certain bonuses and special pay authorities for
nurse officer candidates, registered nurses, and nurse
anesthetists.
Sec. 613. Extension of authorities relating to payment of other bonuses
and special pays.
Sec. 614. Amount of aviation career incentive pay for air battle
managers.
Sec. 615. Expansion of authority to provide special pay to aviation
career officers extending period of active duty.
Sec. 616. Additional special pay for board certified veterinarians in
the Armed Forces and Public Health Service.
Sec. 617. Diving duty special pay.
Sec. 618. Reenlistment bonus.
Sec. 619. Enlistment bonus.
Sec. 620. Selected Reserve enlistment bonus.
Sec. 621. Special pay for members of the Coast Guard Reserve assigned to
high priority units of the Selected Reserve.
Sec. 622. Reduced minimum period of enlistment in Army in critical skill
for eligibility for enlistment bonus.
Sec. 623. Eligibility for reserve component prior service enlistment
bonus upon attaining a critical skill.
Sec. 624. Increase in special pay and bonuses for nuclear-qualified
officers.
Sec. 625. Increase in maximum monthly rate authorized for foreign
language proficiency pay.
Sec. 626. Authorization of retention bonus for special warfare officers
extending periods of active duty.
Sec. 627. Authorization of surface warfare officer continuation pay.
Sec. 628. Authorization of career enlisted flyer incentive pay.
Sec. 629. Authorization of judge advocate continuation pay.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Provision of lodging in kind for Reservists performing
training duty and not otherwise entitled to travel and
transportation allowances.
Sec. 632. Payment of temporary lodging expenses for members making their
first permanent change of station.
Sec. 633. Destination airport for emergency leave travel to continental
United States.
Subtitle D--Retired Pay Reform
Sec. 641. Redux retired pay system applicable only to members electing
new 15-year career status bonus.
Sec. 642. Authorization of 15-year career status bonus.
Sec. 643. Conforming amendments.
Sec. 644. Effective date.
Subtitle E--Other Matters Relating to Military Retirees and Survivors
Sec. 651. Repeal of reduction in retired pay for military retirees
employed in civilian positions.
Sec. 652. Presentation of United States flag to retiring members of the
uniformed services not previously covered.
Sec. 653. Disability retirement or separation for certain members with
pre-existing conditions.
Sec. 654. Credit toward paid-up SBP coverage for months covered by make-
up premium paid by persons electing SBP coverage during
special open enrollment period.
Sec. 655. Paid-up coverage under Retired Serviceman's Family Protection
Plan.
Sec. 656. Extension of authority for payment of annuities to certain
military surviving spouses.
Sec. 657. Effectuation of intended SBP annuity for former spouse when
not elected by reason of untimely death of retiree.
Sec. 658. Special compensation for severely disabled uniformed services
retirees.
Subtitle F--Eligibility to Participate in the Thrift Savings Plan
Sec. 661. Participation in thrift savings plan.
Sec. 662. Special retention initiative.
Sec. 663. Effective date.
Subtitle G--Other Matters
Sec. 671. Payment for unused leave in conjunction with a reenlistment.
Sec. 672. Clarification of per diem eligibility for military technicians
(dual status) serving on active duty without pay outside the
United States.
Sec. 673. Annual report on effects of initiatives on recruitment and
retention.
Sec. 674. Overseas special supplemental food program.
Sec. 675. Tuition assistance for members deployed in a contingency
operation.
Sec. 676. Administration of Selected Reserve education loan repayment
program for Coast Guard Reserve.
Sec. 677. Sense of Congress regarding treatment under Internal Revenue
Code of members receiving hostile fire or imminent danger
special pay during contingency operations.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Pharmacy benefits program.
Sec. 702. Provision of chiropractic health care.
Sec. 703. Provision of domiciliary and custodial care for certain
CHAMPUS beneficiaries.
Sec. 704. Enhancement of dental benefits for retirees.
Sec. 705. Medical and dental care for certain members incurring injuries
on inactive-duty training.
Sec. 706. Health care at former uniformed services treatment facilities
for active duty members stationed at certain remote locations.
Sec. 707. Open enrollment demonstration program.
Subtitle B--TRICARE Program
Sec. 711. Expansion and revision of authority for dental programs for
dependents and reserves.
Sec. 712. Improvement of access to health care under the TRICARE
program.
Sec. 713. Improvements to claims processing under the TRICARE program.
Sec. 714. Authority to waive certain TRICARE deductibles.
Sec. 715. TRICARE beneficiary counseling and assistance coordinators.
Sec. 716. Improvement of TRICARE management; improvements to third-party
payer collection program.
Sec. 717. Comparative report on health care coverage under the TRICARE
program.
Subtitle C--Other Matters
Sec. 721. Forensic pathology investigations by Armed Forces Medical
Examiner.
Sec. 722. Best value contracting.
Sec. 723. Health care quality information and technology enhancement.
Sec. 724. Joint telemedicine and telepharmacy demonstration projects by
the Department of Defense and Department of Veterans Affairs.
Sec. 725. Program-year stability in health care benefits.
Sec. 726. Study on joint operations for the Defense Health Program.
Sec. 727. Trauma training center.
Sec. 728. Sense of Congress regarding automatic enrollment of medicare-
eligible beneficiaries in the TRICARE Senior Prime
demonstration project.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 801. Authority to carry out certain prototype projects.
Sec. 802. Streamlined applicability of cost accounting standards.
Sec. 803. Sale, exchange, and waiver authority for coal and coke.
Sec. 804. Guidance on use of task order and delivery order contracts.
Sec. 805. Clarification of definition of commercial items with respect
to associated services.
Sec. 806. Use of special simplified procedures for purchases of
commercial items in excess of the simplified acquisition
threshold.
Sec. 807. Repeal of termination of provision of credit towards
subcontracting goals for purchases benefiting severely
handicapped persons.
Sec. 808. Contract goal for small disadvantaged businesses and certain
institutions of higher education.
Sec. 809. Required reports for certain multiyear contracts.
Subtitle B--Other Matters
Sec. 811. Mentor-Protege Program improvements.
Sec. 812. Program to increase business innovation in defense acquisition
programs.
Sec. 813. Incentives to produce innovative new technologies.
Sec. 814. Pilot program for commercial services.
Sec. 815. Expansion of applicability of requirement to make certain
procurements from small arms production industrial base.
Sec. 816. Compliance with existing law regarding purchases of equipment
and products.
Sec. 817. Extension of test program for negotiation of comprehensive
small business subcontracting plans.
Sec. 818. Extension of interim reporting rule for certain procurements
less than $100,000.
Sec. 819. Inspector General review of compliance with Buy American Act
in purchases of strength training equipment.
Sec. 820. Report on options for accelerated acquisition of precision
munitions.
Sec. 821. Technical amendment to prohibition on release of contractor
proposals under the Freedom of Information Act.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Strategic Planning
Sec. 901. Permanent requirement for Quadrennial Defense Review.
Sec. 902. Minimum interval for updating and revising Department of
Defense strategic plan.
Subtitle B--Department of Defense Organization
Sec. 911. Responsibility for logistics and sustainment functions of the
Department of Defense.
Sec. 912. Enhancement of technology security program of Department of
Defense.
Sec. 913. Efficient utilization of defense laboratories.
Sec. 914. Center for the Study of Chinese Military Affairs.
Sec. 915. Authority for acceptance by Asia-Pacific Center for Security
Studies of foreign gifts and donations.
Subtitle C--Personnel Management
Sec. 921. Revisions to limitations on number of personnel assigned to
major Department of Defense headquarters activities.
Sec. 922. Defense acquisition workforce reductions.
Sec. 923. Monitoring and reporting requirements regarding operations
tempo and personnel tempo.
Sec. 924. Administration of defense reform initiative enterprise program
for military manpower and personnel information.
Sec. 925. Payment of tuition for education and training of members in
defense acquisition workforce.
Subtitle D--Other Matters
Sec. 931. Additional matters for annual reports on joint warfighting
experimentation.
Sec. 932. Oversight of Department of Defense activities to combat
terrorism.
Sec. 933. Responsibilities and accountability for certain financial
management functions.
Sec. 934. Management of Civil Air Patrol.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authorization of emergency supplemental appropriations for
fiscal year 1999.
Sec. 1004. Supplemental appropriations request for operations in
Yugoslavia.
Sec. 1005. United States contribution to NATO common-funded budgets in
fiscal year 2000.
Sec. 1006. Limitation on funds for Bosnia peacekeeping operations for
fiscal year 2000.
Sec. 1007. Second biennial financial management improvement plan.
Sec. 1008. Waiver authority for requirement that electronic transfer of
funds be used for Department of Defense payments.
Sec. 1009. Single payment date for invoice for various subsistence
items.
Sec. 1010. Payment of foreign licensing fees out of proceeds of sale of
maps, charts, and navigational books.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Revision to congressional notice-and-wait period required
before transfer of a vessel stricken from the Naval Vessel
Register.
Sec. 1012. Authority to consent to retransfer of former naval vessel.
Sec. 1013. Report on naval vessel force structure requirements.
Sec. 1014. Auxiliary vessels acquisition program for the Department of
Defense.
Sec. 1015. National Defense Features program.
Sec. 1016. Sales of naval shipyard articles and services to nuclear ship
contractors.
Sec. 1017. Transfer of naval vessel to foreign country.
Sec. 1018. Authority to transfer naval vessels to certain foreign
countries.
Subtitle C--Support for Civilian Law Enforcement and Counter Drug
Activities
Sec. 1021. Modification of limitation on funding assistance for
procurement of equipment for the National Guard for drug
interdiction and counter-drug activities.
Sec. 1022. Temporary extension to certain naval aircraft of Coast Guard
authority for drug interdiction activities.
Sec. 1023. Military assistance to civil authorities to respond to act or
threat of terrorism.
Sec. 1024. Condition on development of forward operating locations for
United States Southern Command counter-drug detection and
monitoring flights.
Sec. 1025. Annual report on United States military activities in
Colombia.
Sec. 1026. Report on use of radar systems for counter-drug detection and
monitoring.
Sec. 1027. Plan regarding assignment of military personnel to assist
Immigration and Naturalization Service and Customs Service.
Subtitle D--Miscellaneous Report Requirements and Repeals
Sec. 1031. Preservation of certain defense reporting requirements.
Sec. 1032. Repeal of certain reporting requirements not preserved.
Sec. 1033. Reports on risks under National Military Strategy and
combatant command requirements.
Sec. 1034. Report on lift and prepositioned support requirements to
support National Military Strategy.
Sec. 1035. Report on assessments of readiness to execute the National
Military Strategy.
Sec. 1036. Report on Rapid Assessment and Initial Detection teams.
Sec. 1037. Report on unit readiness of units considered to be assets of
Consequence Management Program Integration Office.
Sec. 1038. Analysis of relationship between threats and budget
submission for fiscal year 2001.
Sec. 1039. Report on NATO defense capabilities initiative.
Sec. 1040. Report on motor vehicle violations by operators of official
Army vehicles.
Subtitle E--Information Security
Sec. 1041. Identification in budget materials of amounts for
declassification activities and limitation on expenditures for
such activities.
Sec. 1042. Notice to congressional committees of certain security and
counterintelligence failures within defense programs.
Sec. 1043. Information Assurance Initiative.
Sec. 1044. Nondisclosure of information on personnel of overseas,
sensitive, or routinely deployable units.
Sec. 1045. Nondisclosure of certain operational files of the National
Imagery and Mapping Agency.
Subtitle F--Memorial Objects and Commemorations
Sec. 1051. Moratorium on the return of veterans memorial objects to
foreign nations without specific authorization in law.
Sec. 1052. Program to commemorate 50th anniversary of the Korean War.
Sec. 1053. Commemoration of the victory of freedom in the Cold War.
Subtitle G--Other Matters
Sec. 1061. Defense Science Board task force on use of television and
radio as a propaganda instrument in time of military conflict.
Sec. 1062. Assessment of electromagnetic spectrum reallocation.
Sec. 1063. Extension and reauthorization of Defense Production Act of
1950.
Sec. 1064. Performance of threat and risk assessments.
Sec. 1065. Chemical agents used for defensive training.
Sec. 1066. Technical and clerical amendments.
Sec. 1067. Amendments to reflect name change of Committee on National
Security of the House of Representatives to Committee on Armed
Services.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Accelerated implementation of voluntary early retirement
authority.
Sec. 1102. Increase of pay cap for nonappropriated fund senior executive
employees.
Sec. 1103. Restoration of leave of emergency essential employees serving
in a combat zone.
Sec. 1104. Extension of certain temporary authorities to provide
benefits for employees in connection with defense workforce
reductions and restructuring.
Sec. 1105. Leave without loss of benefits for military reserve
technicians on active duty in support of combat operations.
Sec. 1106. Expansion of Guard-and-Reserve purposes for which leave under
section 6323 of title 5, United States Code, may be used.
Sec. 1107. Work schedules and premium pay of service academy faculty.
Sec. 1108. Salary schedules and related benefits for faculty and staff
of the Uniformed Services University of the Health Sciences.
Sec. 1109. Exemption of defense laboratory employees from certain
workforce management restrictions.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Matters Relating to the People's Republic of China
Sec. 1201. Limitation on military-to-military exchanges and contacts
with Chinese People's Liberation Army.
Sec. 1202. Annual report on military power of the People's Republic of
China.
Subtitle B--Matters Relating to the Balkans
Sec. 1211. Department of Defense report on the conduct of Operation
Allied Force and associated relief operations.
Sec. 1212. Sense of Congress regarding the need for vigorous prosecution
of war crimes, genocide, and crimes against humanity in the
former Republic of Yugoslavia.
Subtitle C--Matters Relating to NATO and Other Allies
Sec. 1221. Legal effect of the new Strategic Concept of NATO.
Sec. 1222. Report on allied capabilities to contribute to major theater
wars.
Sec. 1223. Attendance at professional military education schools by
military personnel of the new member nations of NATO.
Subtitle D--Other Matters
Sec. 1231. Multinational economic embargoes against governments in armed
conflict with the United States.
Sec. 1232. Limitation on deployment of Armed Forces in Haiti during
fiscal year 2000 and congressional notice of deployments to
Haiti.
Sec. 1233. Report on the security situation on the Korean peninsula.
Sec. 1234. Sense of Congress regarding the continuation of sanctions
against Libya.
Sec. 1235. Sense of Congress and report on disengaging from noncritical
overseas missions involving United States combat forces.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for specified purposes.
Sec. 1304. Limitations on use of funds for fissile material storage
facility.
Sec. 1305. Limitation on use of funds for chemical weapons destruction.
Sec. 1306. Limitation on use of funds until submission of report.
Sec. 1307. Limitation on use of funds until submission of multiyear
plan.
Sec. 1308. Requirement to submit report.
Sec. 1309. Report on Expanded Threat Reduction Initiative.
Sec. 1310. Limitation on use of funds until submission of certification.
Sec. 1311. Period covered by annual report on accounting for United
States assistance under Cooperative Threat Reduction programs.
Sec. 1312. Russian nonstrategic nuclear arms.
TITLE XIV--PROLIFERATION AND EXPORT CONTROLS
Sec. 1401. Adherence of People's Republic of China to Missile Technology
Control Regime.
Sec. 1402. Annual report on transfers of militarily sensitive technology
to countries of concern.
Sec. 1403. Resources for export license functions.
Sec. 1404. Security in connection with satellite export licensing.
Sec. 1405. Reporting of technology transmitted to People's Republic of
China and of foreign launch security violations.
Sec. 1406. Report on national security implications of exporting high-
performance computers to the People's Republic of China.
Sec. 1407. End-use verification for use by People's Republic of China of
high-performance computers.
Sec. 1408. Enhanced multilateral export controls.
Sec. 1409. Enhancement of activities of Defense Threat Reduction Agency.
Sec. 1410. Timely notification of licensing decisions by the Department
of State.
Sec. 1411. Enhanced intelligence consultation on satellite license
applications.
Sec. 1412. Investigations of violations of export controls by United
States satellite manufacturers.
TITLE XV--ARMS CONTROL AND COUNTERPROLIFERATION MATTERS
Sec. 1501. Revision to limitation on retirement or dismantlement of
strategic nuclear delivery systems.
Sec. 1502. Sense of Congress on strategic arms reductions.
Sec. 1503. Report on strategic stability under START III.
Sec. 1504. Counterproliferation Program Review Committee.
Sec. 1505. Support of United Nations-sponsored efforts to inspect and
monitor Iraqi weapons activities.
TITLE XVI--NATIONAL SECURITY SPACE MATTERS
Subtitle A--Space Technology Guide; Reports
Sec. 1601. Space technology guide.
Sec. 1602. Report on vulnerabilities of United States space assets.
Sec. 1603. Report on space launch failures.
Sec. 1604. Report on Air Force space launch facilities.
Subtitle B--Commercial Space Launch Services
Sec. 1611. Sense of Congress regarding United States-Russian cooperation
in commercial space launch services.
Sec. 1612. Sense of Congress concerning United States commercial space
launch capacity.
Subtitle C--Commission To Assess United States National Security Space
Management and Organization
Sec. 1621. Establishment of commission.
Sec. 1622. Duties of commission.
Sec. 1623. Report.
Sec. 1624. Assessment by the Secretary of Defense.
Sec. 1625. Powers.
Sec. 1626. Commission procedures.
Sec. 1627. Personnel matters.
Sec. 1628. Miscellaneous administrative provisions.
Sec. 1629. Funding.
Sec. 1630. Termination of the commission.
TITLE XVII--TROOPS-TO-TEACHERS PROGRAM
Sec. 1701. Short title; definitions.
Sec. 1702. Authorization of Troops-to-Teachers Program.
Sec. 1703. Eligible members of the Armed Forces.
Sec. 1704. Selection of participants.
Sec. 1705. Stipend and bonus for participants.
Sec. 1706. Participation by States.
Sec. 1707. Termination of original program; transfer of functions.
Sec. 1708. Reporting requirements.
Sec. 1709. Funds for fiscal year 2000.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out fiscal year 1997
project.
Sec. 2206. Authorization to accept electrical substation improvements,
Guam.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Military housing improvement program.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Increase in fiscal year 1997 authorization for military
construction projects at Pueblo Chemical Activity, Colorado.
Sec. 2407. Condition on obligation of military construction funds for
drug interdiction and counter-drug activities.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Modification of authority to carry out fiscal year 1998
project.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1997
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1996
projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Exemption from notice and wait requirements of military
construction projects supported by burdensharing funds
undertaken for war or national emergency.
Sec. 2802. Development of Ford Island, Hawaii.
Sec. 2803. Expansion of entities eligible to participate in alternative
authority for acquisition and improvement of military housing.
Sec. 2804. Restriction on authority to acquire or construct ancillary
supporting facilities for housing units.
Sec. 2805. Planning and design for military construction projects for
reserve components.
Sec. 2806. Modification of limitations on reserve component facility
projects for certain safety projects.
Sec. 2807. Sense of Congress on use of incremental funding to carry out
military construction projects.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Extension of authority for lease of real property for special
operations activities.
Sec. 2812. Enhancement of authority relating to utility privatization.
Sec. 2813. Acceptance of funds to cover administrative expenses relating
to certain real property transactions.
Sec. 2814. Operations of Naval Academy dairy farm.
Sec. 2815. Study and report on impacts to military readiness of proposed
land management changes on public lands in Utah.
Sec. 2816. Designation of missile intelligence building at Redstone
Arsenal, Alabama, as the Richard C. Shelby Center for Missile
Intelligence.
Subtitle C--Defense Base Closure and Realignment
Sec. 2821. Economic development conveyances of base closure property.
Sec. 2822. Continuation of authority to use Department of Defense Base
Closure Account 1990 for activities required to close or
realign military installations.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Sec. 2831. Transfer of jurisdiction, Fort Sam Houston, Texas.
Sec. 2832. Land exchange, Rock Island Arsenal, Illinois.
Sec. 2833. Land conveyance, Army Reserve Center, Bangor, Maine.
Sec. 2834. Land conveyance, Army Reserve Center, Kankakee, Illinois.
Sec. 2835. Land conveyance, Army Reserve Center, Cannon Falls,
Minnesota.
Sec. 2836. Land conveyance, Army Maintenance Support Activity (Marine)
Number 84, Marcus Hook, Pennsylvania.
Sec. 2837. Land conveyances, Army docks and related property, Alaska.
Sec. 2838. Land conveyance, Fort Huachuca, Arizona.
Sec. 2839. Land conveyance, Nike Battery 80 family housing site, East
Hanover Township, New Jersey.
Sec. 2840. Land conveyances, Twin Cities Army Ammunition Plant,
Minnesota.
Sec. 2841. Repair and conveyance of Red Butte Dam and Reservoir, Salt
Lake City, Utah.
Sec. 2842. Modification of land conveyance, Joliet Army Ammunition
Plant, Illinois.
Part II--Navy Conveyances
Sec. 2851. Land conveyance, Naval Weapons Industrial Reserve Plant No.
387, Dallas, Texas.
Sec. 2852. Land conveyance, Marine Corps Air Station, Cherry Point,
North Carolina.
Sec. 2853. Land conveyance, Newport, Rhode Island.
Sec. 2854. Land conveyance, Naval Training Center, Orlando, Florida.
Sec. 2855. One-year delay in demolition of radio transmitting facility
towers at Naval Station, Annapolis, Maryland, to facilitate
conveyance of towers.
Sec. 2856. Clarification of land exchange, Naval Reserve Readiness
Center, Portland, Maine.
Sec. 2857. Revision to lease authority, Naval Air Station, Meridian,
Mississippi.
Sec. 2858. Land conveyances, Norfolk, Virginia.
Part III--Air Force Conveyances
Sec. 2861. Land conveyance, Newington Defense Fuel Supply Point, New
Hampshire.
Sec. 2862. Land conveyance, Tyndall Air Force Base, Florida.
Sec. 2863. Land conveyance, Port of Anchorage, Alaska.
Sec. 2864. Land conveyance, Forestport Test Annex, New York.
Sec. 2865. Land conveyance, McClellan Nuclear Radiation Center,
California.
Subtitle E--Other Matters
Sec. 2871. Acceptance of guarantees in connection with gifts to military
service academies.
Sec. 2872. Acquisition of State-held inholdings, east range of Fort
Huachuca, Arizona.
Sec. 2873. Enhancement of Pentagon renovation activities.
Subtitle F--Expansion of Arlington National Cemetery
Sec. 2881. Transfer from Navy Annex, Arlington, Virginia.
Sec. 2882. Transfer from Fort Myer, Arlington, Virginia.
TITLE XXIX--COMMISSION ON NATIONAL MILITARY MUSEUM
Sec. 2901. Establishment.
Sec. 2902. Duties of Commission.
Sec. 2903. Report.
Sec. 2904. Powers.
Sec. 2905. Commission procedures.
Sec. 2906. Personnel matters.
Sec. 2907. Miscellaneous administrative provisions.
Sec. 2908. Funding.
Sec. 2909. Termination of Commission.
TITLE XXX--MILITARY LAND WITHDRAWALS
Sec. 3001. Short title.
Subtitle A--Withdrawals Generally
Sec. 3011. Withdrawals.
Sec. 3012. Maps and legal descriptions.
Sec. 3013. Termination of withdrawals in Military Lands Withdrawal Act
of 1986.
Sec. 3014. Management of lands.
Sec. 3015. Duration of withdrawal and reservation.
Sec. 3016. Extension of initial withdrawal and reservation.
Sec. 3017. Ongoing decontamination.
Sec. 3018. Delegation.
Sec. 3019. Water rights.
Sec. 3020. Hunting, fishing, and trapping.
Sec. 3021. Mining and mineral leasing.
Sec. 3022. Use of mineral materials.
Sec. 3023. Immunity of United States.
Subtitle B--Withdrawals in Arizona
Sec. 3031. Barry M. Goldwater Range, Arizona.
Sec. 3032. Military use of Cabeza Prieta National Wildlife Refuge and
Cabeza Prieta Wilderness.
Sec. 3033. Maps and legal description.
Sec. 3034. Water rights.
Sec. 3035. Hunting, fishing, and trapping.
Sec. 3036. Use of mineral materials.
Sec. 3037. Immunity of United States.
Subtitle C--Authorization of Appropriations
Sec. 3041. Authorization of appropriations.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Defense environmental management privatization.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Prohibition on use of funds for certain activities under
formerly utilized site remedial action program.
Sec. 3132. Continuation of processing, treatment, and disposition of
legacy nuclear materials.
Sec. 3133. Nuclear weapons stockpile life extension program.
Sec. 3134. Procedures for meeting tritium production requirements.
Sec. 3135. Independent cost estimate of accelerator production of
tritium.
Sec. 3136. Nonproliferation initiatives and activities.
Sec. 3137. Support of theater ballistic missile defense activities of
the Department of Defense.
Subtitle D--Matters Relating to Safeguards, Security, and
Counterintelligence
Sec. 3141. Short title.
Sec. 3142. Commission on Safeguards, Security, and Counterintelligence
at Department of Energy facilities.
Sec. 3143. Background investigations of certain personnel at Department
of Energy facilities.
Sec. 3144. Conduct of security clearances.
Sec. 3145. Protection of classified information during laboratory-to-
laboratory exchanges.
Sec. 3146. Restrictions on access to national laboratories by foreign
visitors from sensitive countries.
Sec. 3147. Department of Energy regulations relating to the safeguarding
and security of Restricted Data.
Sec. 3148. Increased penalties for misuse of Restricted Data.
Sec. 3149. Supplement to plan for declassification of Restricted Data
and formerly Restricted Data.
Sec. 3150. Notice to congressional committees of certain security and
counterintelligence failures within nuclear energy defense
programs.
Sec. 3151. Annual report by the President on espionage by the People's
Republic of China.
Sec. 3152. Report on counterintelligence and security practices at
national laboratories.
Sec. 3153. Report on security vulnerabilities of national laboratory
computers.
Sec. 3154. Counterintelligence polygraph program.
Sec. 3155. Definitions of national laboratory and nuclear weapons
production facility.
Sec. 3156. Definition of Restricted Data.
Subtitle E--Matters Relating to Personnel
Sec. 3161. Extension of authority of Department of Energy to pay
voluntary separation incentive payments.
Sec. 3162. Fellowship program for development of skills critical to the
Department of Energy nuclear weapons complex.
Sec. 3163. Maintenance of nuclear weapons expertise in the Department of
Defense and Department of Energy.
Sec. 3164. Whistleblower protection program.
Subtitle F--Other Matters
Sec. 3171. Requirement for plan to improve reprogramming processes.
Sec. 3172. Integrated fissile materials management plan.
Sec. 3173. Identification in budget materials of amounts for
declassification activities and limitation on expenditures for
such activities.
Sec. 3174. Sense of Congress regarding technology transfer coordination
for Department of Energy national laboratories.
Sec. 3175. Pilot program for project management oversight regarding
Department of Energy construction projects.
Sec. 3176. Pilot program of Department of Energy to authorize use of
prior year unobligated balances for accelerated site cleanup
at Rocky Flats Environmental Technology Site, Colorado.
Sec. 3177. Proposed schedule for shipments of waste from Rocky Flats
Environmental Technology Site, Colorado, to Waste Isolation
Pilot Plant, New Mexico.
Sec. 3178. Comptroller General report on closure of Rocky Flats
Environmental Technology Site, Colorado.
Sec. 3179. Extension of review of Waste Isolation Pilot Plant, New
Mexico.
TITLE XXXII--NATIONAL NUCLEAR SECURITY ADMINISTRATION
Sec. 3201. Short title.
Sec. 3202. Under Secretary for Nuclear Security of Department of Energy.
Sec. 3203. Establishment of policy for National Nuclear Security
Administration.
Sec. 3204. Organization of Department of Energy counterintelligence and
intelligence programs and activities.
Subtitle A--Establishment and Organization
Sec. 3211. Establishment and mission.
Sec. 3212. Administrator for Nuclear Security.
Sec. 3213. Status of Administration and contractor personnel within
Department of Energy.
Sec. 3214. Deputy Administrator for Defense Programs.
Sec. 3215. Deputy Administrator for Defense Nuclear Nonproliferation.
Sec. 3216. Deputy Administrator for Naval Reactors.
Sec. 3217. General Counsel.
Sec. 3218. Staff of Administration.
Subtitle B--Matters Relating to Security
Sec. 3231. Protection of national security information.
Sec. 3232. Office of Defense Nuclear Counterintelligence and Office of
Defense Nuclear Security.
Sec. 3233. Counterintelligence programs.
Sec. 3234. Procedures relating to access by individuals to classified
areas and information of Administration.
Sec. 3235. Government access to information on Administration computers.
Sec. 3236. Congressional oversight of special access programs.
Subtitle C--Matters Relating to Personnel
Sec. 3241. Authority to establish certain scientific, engineering, and
technical positions.
Sec. 3242. Voluntary early retirement authority.
Sec. 3243. Severance pay.
Sec. 3244. Continued coverage of health care benefits.
Subtitle D--Budget and Financial Management
Sec. 3251. Separate treatment in budget.
Sec. 3252. Planning, programming, and budgeting process.
Sec. 3253. Future-years nuclear security program.
Subtitle E--Miscellaneous Provisions
Sec. 3261. Environmental protection, safety, and health requirements.
Sec. 3262. Compliance with Federal Acquisition Regulation.
Sec. 3263. Sharing of technology with Department of Defense.
Sec. 3264. Use of capabilities of national security laboratories by
entities outside Administration.
Subtitle F--Definitions
Sec. 3281. Definitions.
Subtitle G--Amendatory Provisions, Transition Provisions, and Effective
Dates
Sec. 3291. Functions transferred.
Sec. 3292. Transfer of funds and employees.
Sec. 3293. Pay levels.
Sec. 3294. Conforming amendments.
Sec. 3295. Transition provisions.
Sec. 3296. Applicability of preexisting laws and regulations.
Sec. 3297. Report containing implementation plan of Secretary of Energy.
Sec. 3298. Classification in United States Code.
Sec. 3299. Effective dates.
TITLE XXXIII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3301. Authorization.
TITLE XXXIV--NATIONAL DEFENSE STOCKPILE
Sec. 3401. Authorized uses of stockpile funds.
Sec. 3402. Disposal of certain materials in National Defense Stockpile.
Sec. 3403. Limitations on previous authority for disposal of stockpile
materials.
TITLE XXXV--PANAMA CANAL COMMISSION
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Office of Transition Administration.
Sec. 3505. Expenditures only in accordance with treaties.
TITLE XXXVI--MARITIME ADMINISTRATION
Sec. 3601. Short title.
Sec. 3602. Authorization of appropriations for fiscal year 2000.
Sec. 3603. Extension of war risk insurance authority.
Sec. 3604. Ownership of the JEREMIAH O'BRIEN.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Appropriations of the House of
Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical demilitarization program.
Sec. 108. Defense health programs.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for certain Army programs.
Sec. 112. Procurement requirements for the Family of Medium Tactical
Vehicles.
Sec. 113. Army aviation modernization.
Sec. 114. Multiple Launch Rocket System.
Sec. 115. Extension of pilot program on sales of manufactured articles
and services of certain Army industrial facilities without
regard to availability from domestic sources.
Sec. 116. Extension of authority to carry out Armament Retooling and
Manufacturing Support Initiative.
Subtitle C--Navy Programs
Sec. 121. F/A-18E/F Super Hornet aircraft program.
Sec. 122. Arleigh Burke class destroyer program.
Sec. 123. Repeal of requirement for annual report from shipbuilders
under certain nuclear attack submarine programs.
Sec. 124. LHD-8 amphibious assault ship program.
Sec. 125. D-5 missile program.
Subtitle D--Air Force Programs
Sec. 131. F-22 aircraft program.
Sec. 132. Replacement options for conventional air-launched cruise
missile.
Sec. 133. Procurement of firefighting equipment for the Air National
Guard and the Air Force Reserve.
Sec. 134. F-16 tactical manned reconnaisance aircraft.
Subtitle E--Chemical Stockpile Destruction Program
Sec. 141. Destruction of existing stockpile of lethal chemical agents
and munitions.
Sec. 142. Comptroller General report on anticipated effects of proposed
changes in operation of storage sites for lethal chemical
agents and munitions.
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal
year 2000 for procurement for the Army as follows:
(1) For aircraft, $1,459,688,000.
(2) For missiles, $1,258,298,000.
(3) For weapons and tracked combat vehicles,
$1,571,665,000.
(4) For ammunition, $1,215,216,000.
(5) For other procurement, $3,662,921,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2000 for procurement for the Navy as follows:
(1) For aircraft, $8,798,784,000.
(2) For weapons, including missiles and torpedoes,
$1,417,100,000.
(3) For shipbuilding and conversion,
$7,016,454,000.
(4) For other procurement, $4,266,891,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2000 for procurement for the
Marine Corps in the amount of $1,296,970,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for fiscal year 2000 for
procurement of ammunition for the Navy and the Marine Corps in
the amount of $534,700,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal
year 2000 for procurement for the Air Force as follows:
(1) For aircraft, $9,758,886,000.
(2) For missiles, $2,395,608,000.
(3) For ammunition, $467,537,000.
(4) For other procurement, $7,158,527,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal
year 2000 for Defense-wide procurement in the amount of
$2,345,168,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal
year 2000 for procurement of aircraft, vehicles, communications
equipment, and other equipment for the reserve components of
the Armed Forces as follows:
(1) For the Army National Guard, $10,000,000.
(2) For the Air National Guard, $10,000,000.
(3) For the Army Reserve, $10,000,000.
(4) For the Naval Reserve, $10,000,000.
(5) For the Air Force Reserve, $10,000,000.
(6) For the Marine Corps Reserve, $10,000,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal
year 2000 for procurement for the Inspector General of the
Department of Defense in the amount of $2,100,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal
year 2000 the amount of $1,024,000,000 for--
(1) the destruction of lethal chemical agents and
munitions in accordance with section 1412 of the
Department of Defense Authorization Act, 1986 (50
U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of
the United States that is not covered by section 1412
of such Act.
SEC. 108. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal
year 2000 for the Department of Defense for procurement for
carrying out health care programs, projects, and activities of
the Department of Defense in the total amount of $356,970,000.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR CERTAIN ARMY PROGRAMS.
Beginning with the fiscal year 2000 program year, the
Secretary of the Army may, in accordance with section 2306b of
title 10, United States Code, enter into multiyear contracts
for procurement of the following:
(1) The Javelin missile system.
(2) M2A3 Bradley fighting vehicles.
(3) AH-64D Apache Longbow attack helicopters.
(4) The M1A2 Abrams main battle tank upgrade
program combined with the Heavy Assault Bridge program.
SEC. 112. PROCUREMENT REQUIREMENTS FOR THE FAMILY OF MEDIUM TACTICAL
VEHICLES.
(a) Requirements.--The Secretary of the Army--
(1) shall use competitive procedures for the award
of any contract for procurement of vehicles under the
Family of Medium Tactical Vehicles program after
completion of the multiyear procurement contract for
procurement of vehicles under that program that was
awarded on October 14, 1998; and
(2) may not award a contract to establish a second-
source contractor for procurement of the vehicles under
the Family of Medium Tactical Vehicles program that are
covered by the multiyear procurement contract for that
program that was awarded on October 14, 1998.
(b) Repeal.--Section 112 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-
261; 112 Stat. 1937) is repealed.
SEC. 113. ARMY AVIATION MODERNIZATION.
(a) Helicopter Force Modernization Plan.--The Secretary of
the Army shall submit to the congressional defense committees a
comprehensive plan for the modernization of the Army's
helicopter forces.
(b) Required Elements.--The helicopter force modernization
plan shall include provisions for the following:
(1) For the AH-64D Apache Longbow program--
(A) restoration of the original procurement
objective of the program to the procurement of
747 aircraft and at least 227 fire control
radars;
(B) qualification and training of reserve
component pilots as augmentation crews to
ensure 24-hour warfighting capability in
deployed attack helicopter units; and
(C) fielding of a sufficient number of
aircraft in reserve component aviation units to
implement the provisions of the plan required
under subparagraph (B).
(2) For AH-1 Cobra helicopters, retirement of all
AH-1 Cobra helicopters remaining in the fleet.
(3) For the RAH-66 Comanche program--
(A) review of the total requirements and
acquisition objectives for the program;
(B) fielding of Comanche helicopters to the
planned aviation force structure; and
(C) support for the plan for the AH-64D
Apache program required under paragraph (1).
(4) For the UH-1 Huey helicopter program--
(A) an upgrade program;
(B) revision of total force requirements
for that aircraft to reflect the warfighting
and support requirements of the theater
commanders-in-chief for aircraft used by the
Army National Guard; and
(C) a transition plan to a future utility
helicopter.
(5) For the UH-60 Blackhawk helicopter program--
(A) identification of the objective
requirements for that aircraft;
(B) an acquisition strategy for meeting
requirements that in the interim will be
addressed by UH-1 Huey helicopters among the
warfighting and support requirements of the
theater commanders-in-chief for aircraft used
by the Army National Guard; and
(C) a modernization program for fielded
aircraft.
(6) For the CH-47 Chinook helicopter service life
extension program, maintenance of the schedule and
funding.
(7) For the OH-58D Kiowa Warrior helicopters, an
upgrade program.
(8) A revised assessment of the Army's present and
future requirements for helicopters and its present and
future helicopter inventory, including the number of
aircraft, average age of aircraft, availability of
spare parts, flight hour costs, roles and functions
assigned to the fleet as a whole and to each type of
aircraft, and the mix of active component and reserve
component aircraft in the fleet.
(c) Limitation.--Not more than 90 percent of the amount
appropriated pursuant to the authorization of appropriations in
section 101(1) may be obligated before the date that is 30 days
after the date on which the Secretary of the Army submits the
plan required by subsection (a) to the congressional defense
committees.
SEC. 114. MULTIPLE LAUNCH ROCKET SYSTEM.
The Secretary of the Army may make available, from funds
appropriated pursuant to the authorization of appropriations in
section 101(2), an amount not to exceed $500,000 to complete
the development of reuse and demilitarization tools and
technologies for use in the demilitarization of Army Multiple
Launch Rocket System rockets.
SEC. 115. EXTENSION OF PILOT PROGRAM ON SALES OF MANUFACTURED ARTICLES
AND SERVICES OF CERTAIN ARMY INDUSTRIAL FACILITIES
WITHOUT REGARD TO AVAILABILITY FROM DOMESTIC
SOURCES.
(a) Extension of Program.--Section 141 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 10 U.S.C. 4543 note) is amended--
(1) in subsection (a), by striking ``During fiscal
years 1998 and 1999'' and inserting ``During fiscal
years 1998 through 2001''; and
(2) in subsection (b), by striking ``during fiscal
year 1998 or 1999'' and inserting ``during the period
during which the pilot program is being conducted''.
(b) Update of Inspector General Report.--Such section is
further amended by adding at the end the following new
subsection:
``(d) Update of Report.--Not later than March 1, 2001, the
Inspector General of the Department of Defense shall submit to
Congress an update of the report required to be submitted under
subsection (c) and an assessment of the success of the pilot
program.''.
SEC. 116. EXTENSION OF AUTHORITY TO CARRY OUT ARMAMENT RETOOLING AND
MANUFACTURING SUPPORT INITIATIVE.
Section 193(a) of the Armament Retooling and Manufacturing
Support Act of 1992 (subtitle H of title I of Public Law 102-
484; 10 U.S.C. 2501 note) is amended by striking ``During
fiscal years 1993 through 1999'' and inserting ``During fiscal
years 1993 through 2001''.
Subtitle C--Navy Programs
SEC. 121. F/A-18E/F SUPER HORNET AIRCRAFT PROGRAM.
(a) Multiyear Procurement Authority.--Subject to subsection
(b), the Secretary of the Navy may, in accordance with section
2306b of title 10, United States Code, enter into a multiyear
procurement contract beginning with the fiscal year 2000
program year for procurement of F/A-18E/F aircraft.
(b) Limitation.--The Secretary of the Navy may not enter
into a multiyear procurement contract authorized by subsection
(a), and may not authorize the
F/A-18E/F aircraft program to enter into full-rate production,
until--
(1) 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.
(c) Required Certification.--A certification referred to in
subsection (b)(1) is a certification by the Secretary of
Defense of each of the following:
(1) That the results of the Operational Test and
Evaluation program for the F/A-18E/F aircraft
indicate--
(A) that the aircraft is operationally
effective and operationally suitable; and
(B) that the F/A-18E and the F/A-18F
variants of that aircraft both meet their
respective key performance parameters as
established in the Operational Requirements
Document (ORD) for the F/A-18E/F program, as
validated and approved by the Chief of Naval
Operations on April 1, 1997 (other than for a
permissible deviation of not more than 1
percent with respect to the range performance
parameter).
(2) That the cost of procurement of the F/A-18E/F
aircraft using a multiyear procurement contract as
authorized by subsection (a), assuming procurement of
222 aircraft, is at least 7.4 percent less than the
cost of procurement of the same number of aircraft
through annual contracts.
(d) Continuity of Congress.--For purposes of subsection
(b)(2)--
(1) the continuity of a Congress is broken only by
an adjournment of the Congress sine die at the end of
the final session of the Congress; and
(2) any day on which either House of Congress is
not in session because of an adjournment of more than
three days to a day certain, or because of an
adjournment sine die at the end of the first session of
a Congress, shall be excluded in the computation of
such 30-day period.
SEC. 122. ARLEIGH BURKE CLASS DESTROYER PROGRAM.
(a) Authority for Multiyear Procurement of 6 Additional
Vessels.--(1) Subsection (b) of section 122 of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-
201; 110 Stat. 2446) is amended in the first sentence--
(A) by striking ``12 Arleigh Burke class
destroyers'' and inserting ``18 Arleigh Burke class
destroyers''; and
(B) by striking ``and 2001'' and inserting ``2001,
2002, and 2003''.
(2) The heading for such subsection is amended by striking
``Twelve'' and inserting ``18''.
(b) Fiscal Year 2001 Advance Procurement.--(1) Subject to
paragraphs (2) and (3), the Secretary of the Navy is
authorized, in fiscal year 2001, to enter into contracts for
advance procurement for the Arleigh Burke class destroyers that
are to be constructed under contracts entered into after fiscal
year 2001 under section 122(b) of Public Law 104-201, as
amended by subsection (a)(1).
(2) The authority to contract for advance procurement under
paragraph (1) is subject to the availability of funds
authorized and appropriated for fiscal year 2001 for that
purpose in Acts enacted after September 30, 1999.
(3) The aggregate amount of the contracts entered into
under paragraph (1) may not exceed $371,000,000.
(c) Other Funds for Advance Procurement.--Notwithstanding
any other provision of this Act, of the funds authorized to be
appropriated under section 102(a) for procurement programs,
projects, and activities of the Navy, up to $190,000,000 may be
made available, as the Secretary of the Navy may direct, for
advance procurement for the Arleigh Burke class destroyer
program. Authority to make transfers under this subsection is
in addition to the transfer authority provided in section 1001.
SEC. 123. REPEAL OF REQUIREMENT FOR ANNUAL REPORT FROM SHIPBUILDERS
UNDER CERTAIN NUCLEAR ATTACK SUBMARINE PROGRAMS.
(a) Repeal.--Paragraph (3) of section 121(g) of the
National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104-201; 110 Stat. 2444) is repealed.
(b) Conforming Amendment.--Paragraph (5) of such section is
amended by striking ``reports referred to in paragraphs (3) and
(4)'' and inserting ``report referred to in paragraph (4)''.
SEC. 124. LHD-8 AMPHIBIOUS ASSAULT SHIP PROGRAM.
(a) Authorization of Ship.--The Secretary of the Navy is
authorized to procure the amphibious assault ship to be
designated LHD-8, subject to the availability of appropriations
for that purpose.
(b) Amount Authorized.--Of the amount authorized to be
appropriated under section 102(a)(3) for fiscal year 2000,
$375,000,000 is available for the advance procurement and
advance construction of components for the LHD-8 amphibious
assault ship program. The Secretary of the Navy may enter into
a contract or contracts with the shipbuilder and other entities
for the advance procurement and advance construction of those
components.
SEC. 125. D-5 MISSILE PROGRAM.
(a) Report.--Not later than October 31, 1999, the Secretary
of Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report on the D-5
missile program.
(b) Report Elements.--The report under subsection (a) shall
include the following:
(1) An inventory management plan for the D-5
missile program covering the projected life of the
program, including--
(A) the location of D-5 missiles during the
fueling of submarines;
(B) rotation of inventory;
(C) expected attrition rate due to flight
testing, loss, damage, or termination of
service life; and
(D) consideration of the results of the
assessment required in paragraph (4).
(2) The cost of terminating procurement of D-5
missiles for each fiscal year before the current plan.
(3) An assessment of the capability of the Navy of
meeting strategic requirements with a total procurement
of less than 425 D-5 missiles, including an assessment
of the consequences of--
(A) loading Trident submarines with fewer
than 24 D-5 missiles; and
(B) reducing the flight test rate for D-5
missiles.
(4) An assessment of the optimal commencement date
for the development and deployment of replacement
capability for the current land-based and sea-based
missile forces.
(5) The Secretary's plan for maintaining D-5
missiles and Trident submarines under the START II
Treaty and a proposed START III treaty, and whether
requirements for those missiles and submarines would be
reduced under such treaties.
Subtitle D--Air Force Programs
SEC. 131. F-22 AIRCRAFT PROGRAM.
(a) Certification Required Before LRIP.--The Secretary of
the Air Force may not award a contract for low-rate initial
production under the F-22 aircraft program until the Secretary
of Defense submits to the congressional defense committees the
Secretary's certification of each of the following:
(1) That the test plan in the engineering and
manufacturing development phase for that program is
adequate for determining the operational effectiveness
and suitability of the F-22 aircraft.
(2) That the engineering and manufacturing
development phase, and the production phase, for that
program can each be executed within the limitation on
total cost applicable to that program under subsection
(a) or (b), respectively, of section 217 of the
National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 1660).
(b) Lack of Certification.--If the Secretary of Defense is
unable to submit either or both of the certifications under
subsection (a), the Secretary shall submit to the congressional
defense committees a report which includes--
(1) the reasons the certification or certifications
could not be made;
(2) a revised acquisition plan approved by the
Secretary of Defense if the Secretary desires to
proceed with low-rate initial production; and
(3) a revised cost estimate for the remainder of
the engineering and manufacturing development phase and
for the production phase of the F-22 program if the
Secretary desires to proceed with low-rate initial
production.
SEC. 132. REPLACEMENT OPTIONS FOR CONVENTIONAL AIR-LAUNCHED CRUISE
MISSILE.
(a) Report.--The Secretary of the Air Force shall determine
the requirements being met by the conventional air-launched
cruise missile (CALCM) as of the date of the enactment of this
Act and, not later than January 15, 2000, shall submit to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report on the
replacement options for that missile.
(b) Matters To Be Included.--In the report under subsection
(a), the Secretary shall consider the options for continuing to
meet the requirements determined by the Secretary under
subsection (a) as the inventory of the conventional air-
launched cruise missile is depleted. Options considered shall
include the following:
(1) Resumption of production of the conventional
air-launched cruise missile.
(2) Acquisition of a new type of weapon with
lethality characteristics equivalent or superior to the
lethality characteristics of the conventional air-
launched cruise missile.
(3) Use of existing or planned munitions or such
munitions with appropriate upgrades.
SEC. 133. PROCUREMENT OF FIREFIGHTING EQUIPMENT FOR THE AIR NATIONAL
GUARD AND THE AIR FORCE RESERVE.
The Secretary of the Air Force may carry out a procurement
program, in a total amount not to exceed $16,000,000, to
modernize the airborne firefighting capability of the Air
National Guard and Air Force Reserve by procurement of
equipment for the modular airborne firefighting system. Amounts
may be obligated for the program from funds appropriated for
that purpose for fiscal year 1999 and subsequent fiscal years.
SEC. 134. F-16 TACTICAL MANNED RECONNAISANCE AIRCRAFT.
The limitation contained in section 216(a) of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-
201; 110 Stat. 2454) shall not apply to the obligation or
expenditure of amounts made available pursuant to this Act for
a purpose stated in paragraphs (1) and (2) of that section.
Subtitle E--Chemical Stockpile Destruction Program
SEC. 141. DESTRUCTION 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) Comptroller General Assessment and Report.--(1) Not
later than March 1, 2000, the Comptroller General of the United
States shall review and assess the program for destruction of
the United States stockpile of chemical agents and munitions
and report the results of the assessment to the congressional
defense committees.
(2) The assessment conducted under paragraph (1) shall
include a review of the program execution and financial
management of each of the elements of the program, including--
(A) the chemical stockpile disposal project;
(B) the nonstockpile chemical materiel project;
(C) the alternative technologies and approaches
project;
(D) the chemical stockpile emergency preparedness
program; and
(E) the assembled chemical weapons assessment
program.
(d) Definitions.--As used in this section:
(1) The term ``Assembled Chemical Weapons
Assessment'' means the pilot program carried out under
section 8065 of the Department of Defense
Appropriations Act, 1997 (section 101(b) of Public Law
104-208; 110 Stat. 3009-101; 50 U.S.C. 1521 note).
(2) The term ``Chemical Weapons Convention'' means
the Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and
on Their Destruction, ratified by the United States on
April 25, 1997, and entered into force on April 29,
1997.
SEC. 142. COMPTROLLER GENERAL REPORT ON ANTICIPATED EFFECTS OF PROPOSED
CHANGES IN OPERATION OF STORAGE SITES FOR LETHAL
CHEMICAL AGENTS AND MUNITIONS.
(a) Report Required.--Not later than March 31, 2000, the
Comptroller General shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the proposal in the latest quadrennial defense review
to reduce the Federal civilian workforce involved in the
operation of the eight storage sites for lethal chemical agents
and munitions in the continental United States and to convert
to contractor operation of the storage sites. The workforce
reductions addressed in the report shall include those that are
to be effectuated by fiscal year 2002.
(b) Content of Report.--The report shall include the
following:
(1) For each site, a description of the assigned
chemical storage, chemical demilitarization, and
industrial missions.
(2) A description of the criteria and reporting
systems applied to ensure that the storage sites and
the workforce operating the storage sites have--
(A) the capabilities necessary to respond
effectively to emergencies involving chemical
accidents; and
(B) the industrial capabilities necessary
to meet replenishment and surge requirements.
(3) The risks associated with the proposed
workforce reductions and contractor performance,
particularly regarding chemical accidents, incident
response capabilities, community-wide emergency
preparedness programs, and current or planned chemical
demilitarization programs.
(4) The effects of the proposed workforce
reductions and contractor performance on the capability
to satisfy permit requirements regarding environmental
protection that are applicable to the performance of
current and future chemical demilitarization and
industrial missions.
(5) The effects of the proposed workforce
reductions and contractor performance on the capability
to perform assigned industrial missions, particularly
the materiel replenishment missions for chemical or
biological defense or for chemical munitions.
(6) Recommendations for mitigating the risks and
adverse effects identified in the report.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Collaborative program to evaluate and demonstrate advanced
technologies for advanced capability combat vehicles.
Sec. 212. Sense of Congress regarding defense science and technology
program.
Sec. 213. Micro-satellite technology development program.
Sec. 214. Space control technology.
Sec. 215. Space maneuver vehicle program.
Sec. 216. Manufacturing technology program.
Sec. 217. Revision to limitations on high altitude endurance unmanned
vehicle program.
Subtitle C--Ballistic Missile Defense
Sec. 231. Space Based Infrared System (SBIRS) low program.
Sec. 232. Theater missile defense upper tier acquisition strategy.
Sec. 233. Acquisition strategy for Theater High-Altitude Area Defense
(THAAD) system.
Sec. 234. Space-based laser program.
Sec. 235. Criteria for progression of airborne laser program.
Sec. 236. Sense of Congress regarding ballistic missile defense
technology funding.
Sec. 237. Report on national missile defense.
Subtitle D--Research and Development for Long-Term Military Capabilities
Sec. 241. Quadrennial report on emerging operational concepts.
Sec. 242. Technology area review and assessment.
Sec. 243. Report by Under Secretary of Defense for Acquisition,
Technology, and Logistics.
Sec. 244. DARPA program for award of competitive prizes to encourage
development of advanced technologies.
Sec. 245. Additional pilot program for revitalizing Department of
Defense laboratories.
Subtitle E--Other Matters
Sec. 251. Development of Department of Defense laser master plan and
execution of solid state laser program.
Sec. 252. Report on Air Force distributed mission training.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2000 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $4,791,243,000.
(2) For the Navy, $8,362,516,000.
(3) For the Air Force, $13,630,073,000.
(4) For Defense-wide activities, $9,482,705,000, of
which--
(A) $253,457,000 is authorized for the
activities of the Director, Test and
Evaluation; and
(B) $24,434,000 is authorized for the
Director of Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) Fiscal Year 2000.--Of the amounts authorized to be
appropriated by section 201, $4,301,421,000 shall be available
for basic research and applied research projects.
(b) Basic Research and Applied Research Defined.--For
purposes of this section, the term ``basic research and applied
research'' means work funded in program elements for defense
research and development under Department of Defense category
6.1 or 6.2.
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. SENSE OF CONGRESS REGARDING DEFENSE SCIENCE AND TECHNOLOGY
PROGRAM.
(a) Failure To Comply With Funding Objective.--It is the
sense of Congress that the Secretary of Defense has failed to
comply with the funding objective for the Defense Science and
Technology Program, especially the Air Force Science and
Technology Program, as stated in section 214(a) of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 1948), thus jeopardizing
the stability of the defense technology base and increasing the
risk of failure to maintain technological superiority in future
weapon systems.
(b) Funding Objective.--It is further the sense of Congress
that, for each of the fiscal years 2001 through 2009, it should
be an objective of the Secretary of Defense to increase the
budget for the Defense Science and Technology Program,
including the science and technology program within each
military department, for the fiscal year over the budget for
that program for the preceding fiscal year by a percent that is
at least two percent above the rate of inflation as determined
by the Office of Management and Budget.
(c) Certification.--If the proposed budget for a fiscal
year covered by subsection (b) fails to comply with the
objective set forth in that subsection--
(1) the Secretary of Defense shall submit to
Congress--
(A) the certification of the Secretary that
the budget does not jeopardize the stability of
the defense technology base or increase the
risk of failure to maintain technological
superiority in future weapon systems; or
(B) a statement of the Secretary explaining
why the Secretary is unable to submit such
certification; and
(2) the Defense Science Board shall, not more than
60 days after the date on which the Secretary submits
the certification or statement under paragraph (1),
submit to the Secretary and Congress a report assessing
the effect such failure to comply is likely to have on
defense technology and the national defense.
SEC. 213. MICRO-SATELLITE TECHNOLOGY DEVELOPMENT PROGRAM.
Of the funds authorized to be appropriated under section
201(3), $10,000,000 is available for continued implementation
of the micro-satellite technology program established pursuant
to section 215 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1659).
SEC. 214. SPACE CONTROL TECHNOLOGY.
(a) Funds Available for Air Force Execution.--Of the funds
authorized to be appropriated under section 201(3), $14,822,000
shall be available for space control technology development
pursuant to the Department of Defense Space Control Technology
Plan of 1999.
(b) Funds Available for Army Execution.--Of the funds
authorized to be appropriated under section 201(1), $10,000,000
shall be available for space control technology development. Of
the funds made available pursuant to the preceding sentence,
the commander of the United States Army Space and Missile
Defense Command may use such amounts as are necessary for any
or all of the following activities:
(1) Continued development of the kinetic energy
anti-satellite technology program.
(2) Technology development associated with the
kinetic energy anti-satellite kill vehicle to
temporarily disrupt satellite functions.
(3) Cooperative technology development with the Air
Force, pursuant to the Department of Defense Space
Control Technology Plan of 1999.
SEC. 215. SPACE MANEUVER VEHICLE PROGRAM.
(a) Funding.--Of the funds authorized to be appropriated
under section 201(3), $25,000,000 is available for the Space
Maneuver Vehicle program.
(b) Acquisition of Second Flight Test Article.--The amount
available for the space maneuver vehicle program under
subsection (a) shall be used for development and acquisition of
an Air Force X-40 flight test article to support the joint Air
Force and National Aeronautics and Space Administration X-37
program and to meet unique needs of the Air Force Space
Maneuver Vehicle program.
SEC. 216. MANUFACTURING TECHNOLOGY PROGRAM.
(a) Overall Purpose of Program.--Subsection (a) of section
2525 of title 10, United States Code, is amended by inserting
after ``title'' in the first sentence the following: ``through
the development and application of advanced manufacturing
technologies and processes that will reduce the acquisition and
supportability costs of defense weapon systems and reduce
manufacturing and repair cycle times across the life cycles of
such systems''.
(b) Support of Projects To Meet Essential Defense
Requirements.--Subsection (b)(4) of such section is amended to
read as follows:
``(4) to focus Department of Defense support for
the development and application of advanced
manufacturing technologies and processes for use to
meet manufacturing requirements that are essential to
the national defense, as well as for repair and
remanufacturing in support of the operations of systems
commands, depots, air logistics centers, and
shipyards;''.
(c) Execution.--Subsection (c) of such section is amended--
(1) by redesignating paragraph (2) as paragraph
(5);
(2) by inserting after paragraph (1) the following
new paragraphs:
``(2) In the establishment and review of requirements for
an advanced manufacturing technology or process, the Secretary
shall ensure the participation of those prospective technology
users that are expected to be the users of that technology or
process.
``(3) The Secretary shall ensure that each project under
the program for the development of an advanced manufacturing
technology or process includes an implementation plan for the
transition of that technology or process to the prospective
technology users that will be the users of that technology or
process.
``(4) In the periodic review of a project under the
program, the Secretary shall ensure participation by those
prospective technology users that are the expected users for
the technology or process being developed under the project.'';
and
(3) by adding after paragraph (5) (as redesignated
by paragraph (2)) the following new paragraph:
``(6) In this subsection, the term `prospective technology
users' means the following officials and elements of the
Department of Defense:
``(A) Program and project managers for defense
weapon systems.
``(B) Systems commands.
``(C) Depots.
``(D) Air logistics centers.
``(E) Shipyards.''.
(d) Consideration of Cost-Sharing Proposals.--Subsection
(d) of such section is amended--
(1) by striking paragraphs (2) and (3);
(2) by striking ``(A)'' after ``(1)''; and
(3) by striking ``(B) For each'' and all that
follows through ``competitive procedures.'' and
inserting the following: ``(2) Under the competitive
procedures used, the factors to be considered in the
evaluation of each proposed grant, contract,
cooperative agreement, or other transaction for a
project under the program shall include the extent to
which that proposed transaction provides for the
proposed recipient to share in the cost of the
project.''.
(e) Revisions to Five-Year Plan.--Subsection (e)(2) of such
section is amended--
(1) in subparagraph (A), by inserting ``, including
a description of all completed projects and status of
implementation'' before the period at the end; and
(2) by adding at the end the following new
subparagraph:
``(C) Plans for the implementation of the advanced
manufacturing technologies and processes being
developed under the program.''.
SEC. 217. REVISION TO LIMITATIONS ON HIGH ALTITUDE ENDURANCE UNMANNED
VEHICLE PROGRAM.
Section 216(b) of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1660) is
amended by striking ``may not procure any'' and inserting ``may
not procure more than two''.
Subtitle C--Ballistic Missile Defense
SEC. 231. SPACE BASED INFRARED SYSTEM (SBIRS) LOW PROGRAM.
(a) Primary Mission of SBIRS Low System.--The primary
mission of the system designated as of the date of the
enactment of this Act as the Space Based Infrared System Low
(hereinafter in this section referred to as the ``SBIRS Low
system'') is ballistic missile defense. The Secretary of
Defense shall carry out the acquisition program for that system
consistent with that primary mission.
(b) Oversight of Certain Program Functions.--With respect
to the SBIRS Low system, the Secretary of Defense shall require
that the Secretary of the Air Force obtain the approval of the
Director of the Ballistic Missile Defense Organization before
the Secretary--
(1) establishes any system level technical
requirement or makes any change to any such
requirement;
(2) makes any change to the SBIRS Low baseline
schedule; or
(3) makes any change to the budget baseline
identified in the fiscal year 2000 future-years defense
program.
(c) Priority for Ancillary Missions.--The Secretary of
Defense shall ensure that the Director of the Ballistic Missile
Defense Organization, in executing the authorities specified in
subsection (b), engages in appropriate coordination with the
Secretary of the Air Force and elements of the intelligence
community to ensure that ancillary SBIRS Low missions (that is,
missions other than the primary mission of ballistic missile
defense) receive proper priority to the extent that those
ancillary missions do not increase technical or schedule risk.
(d) Management and Funding Budget Activity.--The Secretary
of Defense shall transfer the management and budgeting of funds
for the SBIRS Low system from the Tactical Intelligence and
Related Activities (TIARA) budget aggregation to a
nonintelligence budget activity of the Air Force.
(e) Deadline for Definition of System Requirements.--The
system level technical requirements for the SBIRS Low system
shall be defined not later than July 1, 2000.
(f) Definitions.--For purposes of this section:
(1) The term ``system level technical
requirements'' means those technical requirements and
those functional requirements of a system, expressed in
terms of technical performance and mission
requirements, including test provisions, that determine
the direction and progress of the systems engineering
effort and the degree of convergence upon a balanced
and complete configuration.
(2) The term ``SBIRS Low baseline schedule'' means
a program schedule that includes--
(A) a Milestone II decision on entry into
engineering and manufacturing development to be
made during fiscal year 2002;
(B) a critical design review to be
conducted during fiscal year 2003; and
(C) a first launch of a SBIRS Low satellite
to be made during fiscal year 2006.
SEC. 232. THEATER MISSILE DEFENSE UPPER TIER ACQUISITION STRATEGY.
(a) Revised Upper Tier Strategy.--The Secretary of Defense
shall establish an acquisition strategy for the two upper tier
missile defense systems that--
(1) retains funding for both of the upper tier
systems in separate, independently managed program
elements throughout the future-years defense program;
(2) bases funding decisions and program schedules
for each upper tier system on the performance of each
system independent of the performance of the other
system; and
(3) provides for accelerating the deployment of
both of the upper tier systems to the maximum extent
practicable.
(b) Upper Tier Systems Defined.--For purposes of this
section, the upper tier missile defense systems are the
following:
(1) The Navy Theater Wide system.
(2) The Theater High-Altitude Area Defense (THAAD)
system.
SEC. 233. ACQUISITION STRATEGY FOR THEATER HIGH-ALTITUDE AREA DEFENSE
(THAAD) SYSTEM.
(a) Independent Review of System.--Subsection (a) of
section 236 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
Stat. 1953) is amended to read as follows:
``(a) Continued Independent Review.--The Secretary of
Defense shall take appropriate steps to assure continued
independent review, as the Secretary determines is needed, of
the Theater High-Altitude Area Defense (THAAD) program.''.
(b) Coordination of Development of System Elements.--
Subsection (c) of such section is amended by striking ``may''
and inserting ``shall''.
(c) Revision to Limitation on Entering Manufacturing and
Development Phase for Interceptor Missile.--Subsection (e) of
such section is amended--
(1) by redesignating paragraph (2) as paragraph
(4); and
(2) by inserting after paragraph (1) the following
new paragraphs:
``(2) If the Secretary determines, after a second
successful test of the interceptor missile of the THAAD system,
that the THAAD program has achieved a sufficient level of
technical maturity, the Secretary may waive the limitation
specified in paragraph (1).
``(3) If the Secretary grants a waiver under paragraph (2),
the Secretary shall, not later than 60 days after the date of
the issuance of the waiver, submit to the congressional defense
committees a report describing the technical rationale for that
action.''.
SEC. 234. SPACE-BASED LASER PROGRAM.
(a) Structure of Program.--The Secretary of Defense shall
structure the space-based laser program to include--
(1) an integrated flight experiment; and
(2) an ongoing analysis and technology effort to
support the development of an objective system design.
(b) Integrated Flight Experiment Program Baseline.--Not
later than March 15, 2000, the Secretary of Defense, in
consultation with the joint venture contractors for the space-
based laser program, shall establish a program baseline for the
integrated flight experiment referred to in subsection (a)(1).
(c) Structure of Integrated Flight Experiment Program
Baseline.--The program baseline established under subsection
(b) shall be structured to--
(1) demonstrate at the earliest date consistent
with the requirements of this section the fundamental
end-to-end capability to acquire, track, and destroy a
boosting ballistic missile with a lethal laser from
space; and
(2) establish a balance between the use of mature
technology and more advanced technology so that the
integrated flight experiment, while providing
significant information that can be used in planning
and implementing follow-on phases of the space-based
laser program, will be launched as soon as practicable.
(d) Funds Available for Integrated Flight Experiment.--
Amounts shall be available for the integrated flight experiment
as follows:
(1) From amounts available pursuant to section
201(3), $73,840,000.
(2) From amounts available pursuant to section
201(4), $75,000,000.
(e) Limitation on Obligation of Funds for Integrated Flight
Experiment.--No funds made available in subsection (d) for the
integrated flight experiment may be obligated until the
Secretary of the Air Force--
(1) develops a specific spending plan for such
amounts; and
(2) provides such plan to the congressional defense
committees.
(f) Objective System Design.--To support the development of
an objective system design for a space-based laser system
suited to the operational and technological environment that
will exist when such a system can be deployed, the Secretary of
Defense shall establish an analysis and technology effort that
complements the integrated flight experiment. That effort shall
include the following:
(1) Research and development on advanced
technologies that will not be demonstrated on the
integrated flight experiment but may be necessary for
an objective system.
(2) Architecture studies to assess alternative
constellation and system performance characteristics.
(3) Planning for the development of a space-based
laser prototype that--
(A) uses the lessons learned from the
integrated flight experiment; and
(B) is supported by the ongoing research
and development under paragraph (1), the
architecture studies under paragraph (2), and
other relevant advanced technology research and
development.
(g) Funds Available for Objective System Design During
Fiscal Year 2000.--During fiscal year 2000, the Secretary of
the Air Force may use amounts made available for the integrated
flight experiment under subsection (d) for the purpose of
supporting the effort specified in subsection (f) if the
Secretary of the Air Force first--
(1) determines that such amounts are needed for
that purpose;
(2) develops a specific spending plan for such
amounts; and
(3) consults with the congressional defense
committees regarding such plan.
(h) Annual Report.--For each year in the three-year period
beginning with the year 2000, the Secretary of Defense shall,
not later than March 15 of that year, submit to the
congressional defense committees a report on the space-based
laser program. Each such report shall include the following:
(1) The program baseline for the integrated flight
experiment.
(2) Any changes in that program baseline.
(3) A description of the activities of the space-
based laser program in the preceding year.
(4) A description of the activities of the space-
based laser program planned for the next fiscal year.
(5) The funding planned for the space-based laser
program throughout the future-years defense program.
SEC. 235. CRITERIA FOR PROGRESSION OF AIRBORNE LASER PROGRAM.
(a) Modification of PDRR Aircraft.--No modification of the
PDRR aircraft may commence until the Secretary of the Air Force
certifies to Congress that the commencement of such
modification is justified on the basis of existing test data
and analyses involving the following activities:
(1) The North Oscura Peak test program.
(2) Scintillometry data collection and analysis.
(3) The lethality/vulnerability program.
(4) The countermeasures test and analysis effort.
(5) Reduction and analysis of atmospheric data for
fiscal years 1997 and 1998.
(b) Acquisition of EMD Aircraft and Flight Test of PDRR
Aircraft.--In carrying out the Airborne Laser program, the
Secretary of Defense shall ensure that the Authority-to-
Proceed-2 decision is not made until the Secretary of Defense--
(1) ensures that the Secretary of the Air Force has
developed an appropriate plan for resolving the
technical challenges identified in the Airborne Laser
Program Assessment;
(2) approves that plan; and
(3) submits that plan to the congressional defense
committees.
(c) Entry into EMD Phase.--The Secretary of Defense shall
ensure that the Milestone II decision is not made until--
(1) the PDRR aircraft undergoes a robust series of
flight tests that validates the technical maturity of
the Airborne Laser program and provides sufficient
information regarding the performance of the Airborne
Laser system; and
(2) sufficient technical information is available
to determine whether adequate progress is being made in
the ongoing effort to address the operational issues
identified in the Airborne Laser Program Assessment.
(d) Modification of EMD Aircraft.--The Secretary of the Air
Force may not commence any modification of the EMD aircraft
until the Milestone II decision is made.
(e) Definitions.--In this section:
(1) The term ``PDRR aircraft'' means the aircraft
relating to the program definition and risk reduction
phase of the Airborne Laser program.
(2) The term ``EMD aircraft'' means the aircraft
relating to the engineering and manufacturing
development phase of the Airborne Laser program.
(3) The term ``Authority-to-Proceed-2 decision''
means the decision allowing acquisition of the EMD
aircraft and flight testing of the PDRR aircraft.
(4) The term ``Milestone II decision'' means the
decision allowing the entry of the Airborne Laser
program into the engineering and manufacturing
development phase.
(5) The term ``Airborne Laser Program Assessment''
means the report titled ``Assessment of Technical and
Operational Aspects of the Airborne Laser Program'',
submitted to Congress by the Secretary of Defense on
March 9, 1999.
SEC. 236. SENSE OF CONGRESS REGARDING BALLISTIC MISSILE DEFENSE
TECHNOLOGY FUNDING.
It is the sense of Congress that--
(1) because technology development provides the
basis for future weapon systems, it is important to
maintain a healthy balance between funding for the
development of technology for ballistic missile defense
systems and funding for the acquisition of ballistic
missile defense systems;
(2) funding planned within the future-years defense
program of the Department of Defense should be
sufficient to support the development of technology for
future and follow-on ballistic missile defense systems
while simultaneously supporting the acquisition of
ballistic missile defense systems; and
(3) the Secretary of Defense should seek to ensure
that funding in the future-years defense program is
adequate both for the development of technology for
advanced ballistic missile defense systems and for the
major existing programs for the acquisition of
ballistic missile defense systems.
SEC. 237. REPORT ON NATIONAL MISSILE DEFENSE.
Not later than March 15, 2000, the Secretary of Defense
shall submit to Congress the Secretary's assessment of the
advantages or disadvantages of a two-site deployment of a
ground-based National Missile Defense system, with special
reference to considerations of the world-wide ballistic missile
threat, defensive coverage, redundancy and survivability, and
economies of scale.
Subtitle D--Research and Development for Long-Term Military
Capabilities
SEC. 241. QUADRENNIAL REPORT ON EMERGING OPERATIONAL CONCEPTS.
(a) In General.--(1) Chapter 23 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 486. Quadrennial report on emerging operational concepts
``(a) Quadrennial Report Required.--Not later than March 1
of each year evenly divisible by four, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report on emerging operational concepts. Each
such report shall be prepared by the Secretary in consultation
with the Chairman of the Joint Chiefs of Staff.
``(b) Content of Report Relating to DoD Processes.--Each
such report shall contain a description, for the four years
preceding the year in which the report is submitted, of the
following:
``(1) The process undertaken in the Department of
Defense, and in each of the Army, Navy, Air Force, and
Marine Corps, to define and develop doctrine,
operational concepts, organizational concepts, and
acquisition strategies to address--
``(A) the potential of emerging
technologies for significantly improving the
operational effectiveness of the armed forces;
``(B) changes in the international order
that may necessitate changes in the operational
capabilities of the armed forces;
``(C) emerging capabilities of potential
adversary states; and
``(D) changes in defense budget
projections.
``(2) The manner in which the processes described
in paragraph (1) are harmonized to ensure that there is
a sufficient consideration of the development of joint
doctrine, operational concepts, and acquisition
strategies.
``(3) The manner in which the processes described
in paragraph (1) are coordinated through the Joint
Requirements Oversight Council and reflected in the
planning, programming, and budgeting process of the
Department of Defense.
``(c) Content of Report Relating to Identification of
Technological Objectives for Research and Development.--Each
report under this section shall set forth the military
capabilities that are necessary for meeting national security
requirements over the next two to three decades, including--
``(1) the most significant strategic and
operational capabilities (including both armed force-
specific and joint capabilities) that are necessary for
the armed forces to prevail against the most dangerous
threats, including asymmetrical threats, that could be
posed to the national security interests of the United
States by potential adversaries from 20 to 30 years in
the future;
``(2) the key characteristics and capabilities of
future military systems (including both armed force-
specific and joint systems) that will be needed to meet
each such threat; and
``(3) the most significant research and development
challenges that must be met, and the technological
breakthroughs that must be made, to develop and field
such systems.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``486. Quadrennial report on emerging operational concepts.''.
(b) Conforming Repeal.--Section 1042 of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-
201; 110 Stat. 2642; 10 U.S.C. 113 note) is repealed.
SEC. 242. TECHNOLOGY AREA REVIEW AND ASSESSMENT.
Section 270(b) of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2469; 10
U.S.C. 2501 note) is amended to read as follows:
``(b) Technology Area Review and Assessment.--With the
submission of the plan under subsection (a) each year, the
Secretary shall also submit to the committees referred to in
that subsection a summary of each technology area review and
assessment conducted by the Department of Defense in support of
that plan.''.
SEC. 243. REPORT BY UNDER SECRETARY OF DEFENSE FOR ACQUISITION,
TECHNOLOGY, AND LOGISTICS.
(a) Requirement.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall submit to the
congressional defense committees a report on the actions that
are necessary to promote the research base and technological
development that will be needed for ensuring that the Armed
Forces have the military capabilities that are necessary for
meeting national security requirements over the next two to
three decades.
(b) Content.--The report shall include the actions that
have been taken or are planned to be taken within the
Department of Defense to ensure that--
(1) the Department of Defense laboratories place an
appropriate emphasis on revolutionary changes in
military operations and the new technologies that will
be necessary to support those operations;
(2) the Department helps sustain a high-quality
national research base that includes organizations
attuned to the needs of the Department, the fostering
and creation of revolutionary technologies useful to
the Department, and the capability to identify
opportunities for new military capabilities in emerging
scientific knowledge;
(3) the Department can identify, provide
appropriate funding for, and ensure the coordinated
development of joint technologies that will serve the
needs of more than one of the Armed Forces;
(4) the Department can identify militarily relevant
technologies that are developed in the private sector,
rapidly incorporate those technologies into defense
systems, and effectively utilize technology transfer
processes;
(5) the Department can effectively and efficiently
manage the transition of new technologies from the
applied research and advanced technological development
stage through the product development stage in a manner
that ensures that maximum advantage is obtained from
advances in technology; and
(6) the Department's educational institutions for
the officers of the uniformed services incorporate into
their officer education and training programs, as
appropriate, materials necessary to ensure that the
officers have the familiarity with the processes,
advances, and opportunities in technology development
that is necessary for making decisions that ensure the
superiority of United States defense technology in the
future.
SEC. 244. DARPA PROGRAM FOR AWARD OF COMPETITIVE PRIZES TO ENCOURAGE
DEVELOPMENT OF ADVANCED TECHNOLOGIES.
(a) Authority.--Chapter 139 of title 10, United States
Code, is amended by inserting after section 2374 the following
new section:
``Sec. 2374a. Prizes for advanced technology achievements
``(a) Authority.--The Secretary of Defense, acting through
the Director of the Defense Advanced Research Projects Agency,
may carry out a program to award cash prizes in recognition of
outstanding achievements in basic, advanced, and applied
research, technology development, and prototype development
that have the potential for application to the performance of
the military missions of the Department of Defense.
``(b) Competition Requirements.--The program under
subsection (a) shall use a competitive process for the
selection of recipients of cash prizes. The process shall
include the widely-advertised solicitation of submissions of
research results, technology developments, and prototypes.
``(c) Limitations.--(1) The total amount made available for
award of cash prizes in a fiscal year may not exceed
$10,000,000.
``(2) No prize competition may result in the award of more
than $1,000,000 in cash prizes without the approval of the
Under Secretary of Defense for Acquisition, Technology, and
Logistics.
``(d) Relationship to Other Authority.--The program under
subsection (a) may be carried out in conjunction with or in
addition to the exercise of any other authority of the Director
to acquire, support, or stimulate basic, advanced and applied
research, technology development, or prototype projects.
``(e) Annual Report.--Promptly after the end of each fiscal
year, the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the administration of the program for that fiscal
year. The report shall include the following:
``(1) The military applications of the research,
technology, or prototypes for which prizes were
awarded.
``(2) The total amount of the prizes awarded.
``(3) The methods used for solicitation and
evaluation of submissions, together with an assessment
of the effectiveness of those methods.
``(f) Period of Authority.--The authority to award prizes
under subsection (a) shall terminate at the end of September
30, 2003.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2374 the following new item:
``2374a. Prizes for advanced technology achievements.''.
SEC. 245. ADDITIONAL PILOT PROGRAM FOR REVITALIZING DEPARTMENT OF
DEFENSE LABORATORIES.
(a) Authority.--(1) The Secretary of Defense may carry out
a pilot program to demonstrate improved efficiency in the
performance of research, development, test, and evaluation
functions of the Department of Defense. The pilot program under
this section is in addition to, but may be carried out in
conjunction with, the pilot program authorized by section 246
of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1955; 10 U.S.C.
2358 note).
(2) Under the pilot program, the Secretary of Defense shall
provide the director of one science and technology laboratory,
and the director of one test and evaluation laboratory, of each
military department with authority for the following:
(A) To ensure that the laboratories selected can
attract a workforce appropriately balanced between
permanent and temporary personnel and among workers
with an appropriate level of skills and experience and
that those laboratories can effectively compete in
hiring to obtain the finest scientific talent.
(B) To develop or expand innovative methods of
operation that provide more defense research for each
dollar of cost, including carrying out initiatives such
as focusing on the performance of core functions and
adopting more business-like practices.
(C) To waive any restrictions not required by law
that apply to the demonstration and implementation of
methods for achieving the objectives set forth in
subparagraphs (A) and (B).
(3) In selecting the laboratories for participation in the
pilot program, the Secretary shall consider laboratories where
innovative management techniques have been demonstrated,
particularly as documented under sections 1115 through 1119 of
title 31, United States Code, relating to Government agency
performance and results.
(4) The Secretary may carry out the pilot program at each
selected laboratory for a period of three years beginning not
later than March 1, 2000.
(b) Reports.--(1) Not later than March 1, 2000, the
Secretary of Defense shall submit to Congress a report on the
implementation of the pilot program. The report shall include
the following:
(A) Each laboratory selected for the pilot program.
(B) To the extent possible, a description of the
innovative concepts that are to be tested at each
laboratory.
(C) The criteria to be used for measuring the
success of each concept to be tested.
(2) Promptly after the expiration of the period for
participation of a laboratory in the pilot program, the
Secretary of Defense shall submit to Congress a final report on
the participation of that laboratory in the pilot program. The
report shall include the following:
(A) A description of the concepts tested.
(B) The results of the testing.
(C) The lessons learned.
(D) Any proposal for legislation that the Secretary
recommends on the basis of the experience at that
laboratory under the pilot program.
Subtitle E--Other Matters
SEC. 251. DEVELOPMENT OF DEPARTMENT OF DEFENSE LASER MASTER PLAN AND
EXECUTION OF SOLID STATE LASER PROGRAM.
(a) Master Plan Required.--The Secretary of Defense shall
develop a unified plan of the Department of Defense to develop
laser technology for potential weapons applications (in this
section referred to as the ``laser master plan''). In
developing the plan, the Secretary shall consult with the
Secretary of Energy and the Secretaries of the military
departments.
(b) Contents of Laser Master Plan.--The laser master plan
shall include the following:
(1) Identification of potential weapons
applications of chemical, solid state, and other
lasers.
(2) Identification of critical technologies and
manufacturing capabilities required to achieve such
weapons applications.
(3) A development path for those critical
technologies and manufacturing capabilities.
(4) Identification of the funding required in
future fiscal years to carry out the laser master plan.
(5) Identification of unfunded requirements in the
laser master plan.
(6) An appropriate management and oversight
structure to carry out the laser master plan.
(c) Report.--Not later than March 15, 2000, the Secretary
of Defense shall submit to the congressional defense committees
a report containing the laser master plan.
(d) Recommendations for Executive Agent for Solid State
Laser Programs.--Upon the completion of the laser master plan,
the Secretary of Defense shall submit to the congressional
defense committees the recommendations of the Secretary as to
the establishment of an executive agent to coordinate,
implement, and oversee the execution of the elements of the
laser master plan that relate to solid state lasers.
(e) Development and Demonstration of Solid State Laser
Technology.--The Secretary of the Army shall--
(1) initiate, not later than November 1, 1999, or
30 days after the date of the enactment of this Act,
whichever is later, a development program for solid
state laser technologies; and
(2) demonstrate solid state laser technology
consistent with the objectives of the technical
partnership between the United States Army Space and
Missile Defense Command and the Lawrence Livermore
National Laboratory, Livermore, California, with a goal
of achieving a solid state laser of 100 kilowatt
average power.
(f) Funding.--From amounts available pursuant to section
201(1), $20,000,000 shall be available to carry out the
activities specified in subsection (e).
SEC. 252. REPORT ON AIR FORCE DISTRIBUTED MISSION TRAINING.
(a) Requirement.--The Secretary of the Air Force shall
submit to Congress, not later than January 31, 2000, a report
on the Air Force Distributed Mission Training program.
(b) Content of Report.--The report shall include a
discussion of the following:
(1) The progress that the Air Force has made to
demonstrate and prove the Air Force Distributed Mission
Training concept of linking geographically separated,
high-fidelity simulators to provide a mission rehearsal
capability for Air Force units, and any units of any of
the other Armed Forces as may be necessary, to train
together from their home stations.
(2) The actions that have been taken or are planned
to be taken within the Department of the Air Force to
ensure that--
(A) an independent study of all
requirements, technologies, and acquisition
strategies essential to the formulation of a
sound Distributed Mission Training program is
under way; and
(B) all Air Force laboratories and other
Air Force facilities necessary to the research,
development, testing, and evaluation of the
Distributed Mission Training program have been
assessed regarding the availability of the
necessary resources to demonstrate and prove
the Air Force Distributed Mission Training
concept.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Transfer to Defense Working Capital Funds to support Defense
Commissary Agency.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 311. Armed Forces Emergency Services.
Sec. 312. Replacement of nonsecure tactical radios of the 82nd Airborne
Division.
Sec. 313. Large medium-speed roll-on/roll-off (LMSR) program.
Sec. 314. Contributions for Spirit of Hope endowment fund of United
Service Organizations, Incorporated.
Subtitle C--Environmental Provisions
Sec. 321. Extension of limitation on payment of fines and penalties
using funds in environmental restoration accounts.
Sec. 322. Modification of requirements for annual reports on
environmental compliance activities.
Sec. 323. Defense environmental technology program and investment
control process for environmental technologies.
Sec. 324. Modification of membership of Strategic Environmental Research
and Development Program Council.
Sec. 325. Extension of pilot program for sale of air pollution emission
reduction incentives.
Sec. 326. Reimbursement for certain costs in connection with Fresno Drum
Superfund Site, Fresno, California.
Sec. 327. Payment of stipulated penalties assessed under CERCLA in
connection with F.E. Warren Air Force Base, Wyoming.
Sec. 328. Remediation of asbestos and lead-based paint.
Sec. 329. Release of information to foreign countries regarding any
environmental contamination at former United States military
installations in those countries.
Sec. 330. Toussaint River ordnance mitigation study.
Subtitle D--Depot-Level Activities
Sec. 331. Sales of articles and services of defense industrial
facilities to purchasers outside the Department of Defense.
Sec. 332. Contracting authority for defense working capital funded
industrial facilities.
Sec. 333. Annual reports on expenditures for performance of depot-level
maintenance and repair workloads by public and private
sectors.
Sec. 334. Applicability of competition requirement in contracting out
workloads performed by depot-level activities of Department of
Defense.
Sec. 335. Treatment of public sector winning bidders for contracts for
performance of depot-level maintenance and repair workloads
formerly performed at certain military installations.
Sec. 336. Additional matters to be reported before prime vendor contract
for depot-level maintenance and repair is entered into.
Subtitle E--Performance of Functions by Private-Sector Sources
Sec. 341. Reduced threshold for consideration of effect on local
community of changing defense functions to private sector
performance.
Sec. 342. Congressional notification of A-76 cost comparison waivers.
Sec. 343. Report on use of employees of non-Federal entities to provide
services to Department of Defense.
Sec. 344. Evaluation of total system performance responsibility program.
Sec. 345. Sense of Congress regarding process for modernization of army
computer services.
Subtitle F--Defense Dependents Education
Sec. 351. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of
Defense civilian employees.
Sec. 352. Unified school boards for all Department of Defense Domestic
Dependent Schools in the Commonwealth of Puerto Rico and Guam.
Sec. 353. Continuation of enrollment at Department of Defense domestic
dependent elementary and secondary schools.
Sec. 354. Technical amendments to Defense Dependents' Education Act of
1978.
Subtitle G--Military Readiness Issues
Sec. 361. Independent study of military readiness reporting system.
Sec. 362. Independent study of Department of Defense secondary inventory
and parts shortages.
Sec. 363. Report on inventory and control of military equipment.
Sec. 364. Comptroller General study of adequacy of Department
restructured sustainment and reengineered logistics product
support practices.
Sec. 365. Comptroller General review of real property maintenance and
its effect on readiness.
Sec. 366. Establishment of logistics standards for sustained military
operations.
Subtitle H--Information Technology Issues
Sec. 371. Discretionary authority to install telecommunication equipment
for persons performing voluntary services.
Sec. 372. Authority for disbursing officers to support use of automated
teller machines on naval vessels for financial transactions.
Sec. 373. Use of Smart Card technology in the Department of Defense.
Sec. 374. Report on defense use of Smart Card as PKI authentication
device carrier.
Subtitle I--Other Matters
Sec. 381. Authority to lend or donate obsolete or condemned rifles for
funeral and other ceremonies.
Sec. 382. Extension of warranty claims recovery pilot program.
Sec. 383. Preservation of historic buildings and grounds at United
States Soldiers' and Airmen's Home, District of Columbia.
Sec. 384. Clarification of land conveyance authority, United States
Soldiers' and Airmen's Home.
Sec. 385. Treatment of Alaska, Hawaii, and Guam in defense household
goods moving programs.
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal
year 2000 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1) For the Army, $18,922,494,000.
(2) For the Navy, $22,641,515,000.
(3) For the Marine Corps, $2,724,529,000 .
(4) For the Air Force, $20,961,458,000.
(5) For Defense-wide activities, $11,496,633,000.
(6) For the Army Reserve, $1,441,213,000.
(7) For the Naval Reserve, $937,647,000.
(8) For the Marine Corps Reserve, $135,766,000.
(9) For the Air Force Reserve, $1,750,937,000.
(10) For the Army National Guard, $3,113,684,000.
(11) For the Air National Guard, $3,168,518,000.
(12) For the Defense Inspector General,
$138,744,000.
(13) For the United States Court of Appeals for the
Armed Forces, $7,621,000.
(14) For Environmental Restoration, Army,
$378,170,000.
(15) For Environmental Restoration, Navy,
$284,000,000.
(16) For Environmental Restoration, Air Force,
$376,800,000.
(17) For Environmental Restoration, Defense-wide,
$25,370,000.
(18) For Environmental Restoration, Formerly Used
Defense Sites, $239,214,000.
(19) For Overseas Humanitarian, Disaster, and Civic
Aid programs, $55,800,000.
(20) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $803,500,000.
(21) For the Kaho'olawe Island Conveyance,
Remediation, and Environmental Restoration Trust Fund,
$15,000,000.
(22) For Defense Health Program, $10,482,687,000.
(23) For Cooperative Threat Reduction programs,
$475,500,000.
(24) For Overseas Contingency Operations Transfer
Fund, $1,879,600,000.
(25) For quality of life enhancements,
$1,845,370,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2000 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for providing capital
for working capital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds,
$90,344,000.
(2) For the National Defense Sealift Fund,
$434,700,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 2000 from the Armed Forces Retirement Home Trust Fund the
sum of $68,295,000 for the operation of the Armed Forces
Retirement Home, including the United States Soldiers' and
Airmen's Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANSACTION FUND.
(a) Transfer Authority.--To the extent provided in
appropriations Acts, not more than $150,000,000 is authorized
to be transferred from the National Defense Stockpile
Transaction Fund to operation and maintenance accounts for
fiscal year 2000 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) Treatment of Transfers.--Amounts transferred under this
section--
(1) shall be merged with, and be available for the
same purposes and the same period as, the amounts in
the accounts to which transferred; and
(2) may not be expended for an item that has been
denied authorization of appropriations by Congress.
(c) Relationship to Other Transfer Authority.--The transfer
authority provided in this section is in addition to the
transfer authority provided in section 1001.
SEC. 305. TRANSFER TO DEFENSE WORKING CAPITAL FUNDS TO SUPPORT DEFENSE
COMMISSARY AGENCY.
(a) Army Operation and Maintenance Funds.--The Secretary of
the Army shall transfer $346,154,000 of the amount authorized
to be appropriated by section 301(1) for operation and
maintenance for the Army to the Defense Working Capital Funds
for the purpose of funding operations of the Defense Commissary
Agency.
(b) Navy Operation and Maintenance Funds.--The Secretary of
the Navy shall transfer $263,070,000 of the amount authorized
to be appropriated by section 301(2) for operation and
maintenance for the Navy to the Defense Working Capital Funds
for the purpose of funding operations of the Defense Commissary
Agency.
(c) Marine Corps Operation and Maintenance Funds.--The
Secretary of the Navy shall transfer $90,834,000 of the amount
authorized to be appropriated by section 301(3) for operation
and maintenance for the Marine Corps to the Defense Working
Capital Funds for the purpose of funding operations of the
Defense Commissary Agency.
(d) Air Force Operation and Maintenance Funds.--The
Secretary of the Air Force shall transfer $309,061,000 of the
amount authorized to be appropriated by section 301(4) for
operation and maintenance for the Air Force to the Defense
Working Capital Funds for the purpose of funding operations of
the Defense Commissary Agency.
(e) Treatment of Transfers.--Amounts transferred under this
section--
(1) shall be merged with, and be available for the
same purposes and the same period as, other amounts in
the Defense Working Capital Funds available for the
purpose of funding operations of the Defense Commissary
Agency; and
(2) may not be expended for an item that has been
denied authorization of appropriations by Congress.
(f) Relationship to Other Transfer Authority.--The transfer
requirements of this section are in addition to the transfer
authority provided in section 1001.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 311. ARMED FORCES EMERGENCY SERVICES.
Of the amount authorized to be appropriated by section
301(5) for operation and maintenance for Defense-wide
activities, $23,000,000 shall be made available to the American
Red Cross to fund the Armed Forces Emergency Services.
SEC. 312. REPLACEMENT OF NONSECURE TACTICAL RADIOS OF THE 82ND AIRBORNE
DIVISION.
Of the amount authorized to be appropriated by section
301(1) for operation and maintenance for the Army, such funds
as may be necessary, but not to exceed $5,500,000, shall be
available to the Secretary of the Army for the purpose of
replacing nonsecure tactical radios used by the 82nd Airborne
Division with radios, such as models AN/PRC-138 and AN/PRC-148,
identified as being capable of fulfilling mission requirements.
SEC. 313. LARGE MEDIUM-SPEED ROLL-ON/ROLL-OFF (LMSR) PROGRAM.
(a) Authorization of Ship.--The Secretary of the Navy is
authorized to procure the large medium-speed roll-on/roll-off
(LMSR) ship to be designated T-AKR 307 or T-AKR 317, subject to
the availability of appropriations for that purpose.
(b) Amount Authorized.--Of the amount authorized to be
appropriated under section 302(2) for fiscal year 2000 that is
provided for the National Defense Sealift Fund, $80,000,000 is
available for the advance procurement and advance construction
of components for the LMSR program referred to in subsection
(a). The Secretary of the Navy may enter into a contract or
contracts with the shipbuilder and other entities for the
advance procurement and advance construction of those
components.
SEC. 314. CONTRIBUTIONS FOR SPIRIT OF HOPE ENDOWMENT FUND OF UNITED
SERVICE ORGANIZATIONS, INCORPORATED.
(a) Grants Authorized.--Subject to subsection (c), the
Secretary of Defense may make grants to the United Service
Organizations, Incorporated, a federally chartered corporation
under chapter 2201 of title 36, United States Code, to
contribute funds for the USO's Spirit of Hope Endowment Fund.
(b) Grant Increments.--The amount of the first grant under
subsection (a) may not exceed $2,000,000. The amount of the
second grant under such subsection may not exceed $3,000,000,
and subsequent grants may not exceed $5,000,000.
(c) Matching Requirement.--Each grant under subsection (a)
may not be made until after the United Service Organizations,
Incorporated, certifies to the Secretary of Defense that
sufficient funds have been raised from non-Federal sources for
deposit in the Spirit of Hope Endowment Fund to match, on a
dollar-for-dollar basis, the amount of that grant.
(d) Funding.--Of the amount authorized to be appropriated
by section 301(5) for operation and maintenance for Defense-
wide activities, $25,000,000 shall be available to the
Secretary of Defense for the purpose of making grants under
subsection (a).
Subtitle C--Environmental Provisions
SEC. 321. EXTENSION OF LIMITATION ON PAYMENT OF FINES AND PENALTIES
USING FUNDS IN ENVIRONMENTAL RESTORATION ACCOUNTS.
Section 2703(e) of title 10, United States Code, is amended
by striking ``through 1999,'' both places it appears and
inserting ``through 2010,''.
SEC. 322. MODIFICATION OF REQUIREMENTS FOR ANNUAL REPORTS ON
ENVIRONMENTAL COMPLIANCE ACTIVITIES.
(a) Modification of Requirements.--Subsection (b) of
section 2706 of title 10, United States Code, is amended to
read as follows:
``(b) Report on Environmental Quality Programs and Other
Environmental Activities.--(1) The Secretary of Defense shall
submit to Congress each year, not later than 45 days after the
date on which the President submits to Congress the budget for
a fiscal year, a report on the progress made in carrying out
activities under the environmental quality programs of the
Department of Defense and the military departments.
``(2) Each report shall include the following:
``(A) A description of the environmental quality
program of the Department of Defense, and of each of
the military departments, during the period consisting
of the four fiscal years preceding the fiscal year in
which the report is submitted, the fiscal year in which
the report is submitted, and the fiscal year following
the fiscal year in which the report is submitted.
``(B) For each of the major activities under the
environmental quality programs:
``(i) A specification of the amount
expended, or proposed to be expended, in each
fiscal year of the period covered by the
report.
``(ii) An explanation for any significant
change in the aggregate amount to be expended
in the fiscal year in which the report is
submitted, and in the following fiscal year,
when compared with the fiscal year preceding
each such fiscal year.
``(iii) An assessment of the manner in
which the scope of the activities have changed
over the course of the period covered by the
report.
``(C) A summary of the major achievements of the
environmental quality programs and of any major
problems with the programs.
``(D) A list of the planned or ongoing projects
necessary to support the environmental quality programs
during the period covered by the report, the cost of
which has exceeded or is anticipated to exceed
$1,500,000. The list and accompanying material shall
include the following:
``(i) A separate listing of the projects
inside the United States and of the projects
outside the United States.
``(ii) For each project commenced during
the first four fiscal years of the period
covered by the report (other than a project
that was reported as fully executed in the
report for a previous fiscal year), a
description of--
``(I) the amount specified in the
initial budget request for the project;
``(II) the aggregate amount
allocated to the project through the
fiscal year preceding the fiscal year
for which the report is submitted; and
``(III) the aggregate amount
obligated for the project through that
fiscal year.
``(iii) For each project commenced or to be
commenced in the fiscal year in which the
report is submitted, a description of--
``(I) the amount specified for the
project in the budget for the fiscal
year; and
``(II) the amount allocated to the
project in the fiscal year.
``(iv) For each project to be commenced in
the last fiscal year of the period, a
description of the amount, if any, specified
for the project in the budget for the fiscal
year.
``(v) If the anticipated aggregate cost of
any project covered by the report will exceed
by more than 25 percent the amount specified in
the initial budget request for such project, a
justification for that variance.
``(E) A statement of the fines and penalties
imposed or assessed against the Department of Defense
and the military departments under Federal, State, or
local environmental laws during the fiscal year in
which the report is submitted and the four preceding
fiscal years, which shall set forth the following:
``(i) Each Federal environmental statute
under which a fine or penalty was imposed or
assessed during each such fiscal year.
``(ii) With respect to each such Federal
statute--
``(I) the aggregate amount of fines
and penalties imposed under the statute
during each such fiscal year;
``(II) the aggregate amount of
fines and penalties paid under the
statute during each such fiscal year;
and
``(III) the total amount required
during such fiscal years for
supplemental environmental projects in
lieu of the payment of a fine or
penalty under the statute and the
extent to which the cost of such
projects during such fiscal years has
exceeded the original amount of the
fine or penalty.
``(iii) A trend analysis of fines and
penalties imposed or assessed during each such
fiscal year for military installations inside
and outside the United States.
``(F) A statement of the amounts expended, and
anticipated to be expended, during the period covered
by the report for any activities overseas relating to
the environment, including amounts for activities
relating to environmental remediation, compliance,
conservation, pollution prevention, and environmental
technology and amounts for conferences, meetings, and
studies for pilot programs, and for travel related to
such activities.''.
(b) Conforming Repeal.--Such section is further amended by
striking subsection (d).
(c) Definitions.--Subsection (e) of such section is amended
by adding at the end the following new paragraphs:
``(4) The term `environmental quality program'
means a program of activities relating to environmental
compliance, conservation, pollution prevention, and
such other activities relating to environmental quality
as the Secretary concerned may designate for purposes
of the program.
``(5) The term `major activities', with respect to
an environmental quality program, means the following
activities under the program:
``(A) Environmental compliance activities.
``(B) Conservation activities.
``(C) Pollution prevention activities.''.
SEC. 323. DEFENSE ENVIRONMENTAL TECHNOLOGY PROGRAM AND INVESTMENT
CONTROL PROCESS FOR ENVIRONMENTAL TECHNOLOGIES.
(a) Purposes.--The purposes of this section are--
(1) to hold the Department of Defense and the
military departments accountable for achieving
performance-based results in the management of
environmental technology by providing a connection
between program direction and the achievement of
specific performance-based results;
(2) to assure the identification of end-user
requirements for environmental technology within the
military departments;
(3) to assure results, quality of effort, and
appropriate levels of service and support for end-users
of environmental technology within the military
departments; and
(4) to promote improvement in the performance of
environmental technologies by establishing objectives
for environmental technology programs, measuring
performance against such objectives, and making public
reports on the progress made in such performance.
(b) Investment Control Process.--(1) Chapter 160 of title
10, United States Code, is amended by adding at the end the
following new section:
``Sec. 2709. Investment control process for environmental technologies
``(a) Investment Control Process.--The Secretary of Defense
shall ensure that the technology planning process developed to
implement section 2501 of this title and section 270(b) of the
National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104-201; 110 Stat. 2469) provides for an investment control
process for the selection, prioritization, management, and
evaluation of environmental technologies by the Department of
Defense, the military departments, and the Defense Agencies.
``(b) Planning and Evaluation.--The environmental
technology investment control process required by subsection
(a) shall provide, at a minimum, for the following:
``(1) The active participation by end-users of
environmental technology, including the officials
responsible for the environmental security programs of
the Department of Defense and the military departments,
in the selection and prioritization of environmental
technologies.
``(2) The development of measurable performance
goals and objectives for the management and development
of environmental technologies and specific mechanisms
for assuring the achievement of the goals and
objectives.
``(3) Annual performance reviews to determine
whether the goals and objectives have been achieved and
to take appropriate action in the event that they are
not achieved.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2709. Investment control process for environmental technologies.''.
(c) Annual Report.--(1) Section 2706 of such title, as
amended by 322(b), is further amended by inserting after
subsection (c) the following new subsection:
``(d) Report on Environmental Technology Program.--(1) The
Secretary of Defense shall submit to Congress each year, not
later than 45 days after the date on which the President
submits to Congress the budget for a fiscal year, a report on
the progress made by the Department of Defense in achieving the
objectives and goals of its environmental technology program
during the preceding fiscal year and an overall trend analysis
for the program covering the previous four fiscal years.
``(2) Each such report shall include, with respect to each
project under the environmental technology program of the
Department of Defense, the following:
``(A) The performance objectives established for
the project for the fiscal year and an assessment of
the performance achieved with respect to the project in
light of performance indicators for the project.
``(B) A description of the extent to which the
project met the performance objectives established for
the project for the fiscal year.
``(C) If a project did not meet the performance
objectives for the project for the fiscal year--
``(i) an explanation for the failure of the
project to meet the performance objectives; and
``(ii) a modified schedule for meeting the
performance objectives or, if a performance
objective is determined to be impracticable or
infeasible to meet, a statement of alternative
actions to be taken with respect to the
project.''.
(2) The Secretary of Defense shall include in the first
report submitted under section 2706(d) of title 10, United
States Code, as added by this subsection, a description of the
steps taken by the Secretary to ensure that the environmental
technology investment control process for the Department of
Defense satisfies the requirements of section 2709 of such
title, as added by subsection (b).
SEC. 324. MODIFICATION OF MEMBERSHIP OF STRATEGIC ENVIRONMENTAL
RESEARCH AND DEVELOPMENT PROGRAM COUNCIL.
Section 2902(b)(1) of title 10, United States Code, is
amended by striking ``Director of Defense Research and
Engineering'' and inserting ``Deputy Under Secretary of Defense
for Science and Technology''.
SEC. 325. EXTENSION OF PILOT PROGRAM FOR SALE OF AIR POLLUTION EMISSION
REDUCTION INCENTIVES.
Section 351(a) of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1692; 10
U.S.C. 2701 note) is amended by striking paragraph (2) and
inserting the following new paragraph:
``(2) The Secretary may not carry out the pilot program
after September 30, 2001.''.
SEC. 326. REIMBURSEMENT FOR CERTAIN COSTS IN CONNECTION WITH FRESNO
DRUM SUPERFUND SITE, FRESNO, CALIFORNIA.
(a) Authority.--The Secretary of Defense may pay, using
funds described in subsection (b), to the Fresno Drum Special
Account within the Hazardous Substance Superfund established by
section 9507 of the Internal Revenue Code of 1986 (26 U.S.C.
9507) to reimburse the Environmental Protection Agency for
costs incurred by the Agency for actions taken under CERCLA at
the Fresno Industrial Supply, Inc., site in Fresno, California,
the following amounts:
(1) Not more than $778,425 for past response costs
incurred by the Agency.
(2) The amount of the costs identified as
``interest'' costs pursuant to the agreement known as
the ``CERCLA Section 122(h)(1) Agreement for Payment of
Future Response Costs and Recovery of Past Response
Costs In the Matter of: Fresno Industrial Supply Inc.
Site, Fresno, California'' that was entered into by the
Department of Defense and the Environmental Protection
Agency on May 22, 1998.
(b) Source of Funds for Payment.--(1) Subject to paragraph
(2), any payment under subsection (a) shall be made using the
following amounts:
(A) Amounts authorized to be appropriated by
section 301 to the Environmental Restoration Account,
Defense, established by section 2703(a)(1) of title 10,
United States Code.
(B) Amounts authorized to be appropriated by
section 301 to the Environmental Restoration Account,
Army, established by section 2703(a)(2) of such title.
(C) Amounts authorized to be appropriated by
section 301 to the Environmental Restoration Account,
Navy, established by section 2703(a)(3) of such title.
(D) Amounts authorized to be appropriated by
section 301 to the Environmental Restoration Account,
Air Force, established by section 2703(a)(4) of such
title.
(2) The portion of a payment under paragraph (1) that is
derived from any account referred to in such paragraph shall
bear the same ratio to the total amount of such payment as the
amount of the hazardous substances at the Fresno Industrial
Supply, Inc., site that are attributable to the department
concerned bears to the total amount of the hazardous substances
at that site.
(c) CERCLA Defined.--In this section, the term ``CERCLA''
means the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
SEC. 327. PAYMENT OF STIPULATED PENALTIES ASSESSED UNDER CERCLA IN
CONNECTION WITH F.E. WARREN AIR FORCE BASE,
WYOMING.
(a) Authority.--The Secretary of the Air Force may pay,
using funds described in subsection (b), not more than $20,000
as payment of stipulated civil penalties assessed on January
13, 1998, against F.E. Warren Air Force Base, Wyoming, under
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(b) Source of Funds for Payment.--Any payment under
subsection (a) shall be made using amounts authorized to be
appropriated by section 301 to the Environmental Restoration
Account, Air Force, established by section 2703(a)(4) of title
10, United States Code.
SEC. 328. REMEDIATION OF ASBESTOS AND LEAD-BASED PAINT.
(a) Use of Existing Contract Vehicles.--The Secretary of
Defense shall give appropriate consideration to existing
contract vehicles, including Army Corps of Engineers indefinite
delivery, indefinite quantity contracts, to provide for the
remediation of asbestos and lead-based paint at military
installations within the United States.
(b) Selection.--The Secretary of Defense shall select the
most cost-effective contract vehicle in accordance with all
applicable Federal and State laws and Department of Defense
regulations.
SEC. 329. RELEASE OF INFORMATION TO FOREIGN COUNTRIES REGARDING ANY
ENVIRONMENTAL CONTAMINATION AT FORMER UNITED STATES
MILITARY INSTALLATIONS IN THOSE COUNTRIES.
(a) Response to Request for Information.--Except as
provided in subsection (b), upon request by the government of a
foreign country from which United States Armed Forces were
withdrawn in 1992, the Secretary of Defense shall--
(1) release to that government available
information relevant to the ability of that government
to determine the nature and extent of environmental
contamination, if any, at a site in that foreign
country where the United States operated a military
base, installation, or facility before the withdrawal
of the United States Armed Forces in 1992; or
(2) report to Congress on the nature of the
information requested and the reasons why the
information is not being released.
(b) Limitation on Release.--Subsection (a)(1) does not
apply to--
(1) any information request described in such
subsection that is received by the Secretary of Defense
after the end of the one-year period beginning on the
date of the enactment of this Act;
(2) any information that the Secretary determines
has been previously provided to the foreign government;
and
(3) any information that the Secretary of Defense
believes could adversely affect United States national
security.
(c) Liability of the United States.--The requirement to
provide information under subsection (a)(1) may not be
construed to establish on the part of the United States any
liability or obligation for the costs of environmental
restoration or remediation at any site referred to in such
subsection.
SEC. 330. TOUSSAINT RIVER ORDNANCE MITIGATION STUDY.
(a) Ordnance Mitigation Study.--(1) The Secretary of
Defense shall conduct a study and is authorized to remove
ordnance infiltrating the Federal navigation channel and
adjacent shorelines of the Toussaint River in Ottawa County,
Ohio.
(2) In conducting the study, the Secretary shall take into
account any information available from other studies conducted
in connection with the Federal navigation channel described in
paragraph (1).
(b) Report on Study Results.--(1) Not later than April 1,
2000, the Secretary of Defense shall submit to the
congressional defense committees and the Committee on
Environment and Public Works of the Senate a report that
summarizes the results of the study conducted under subsection
(a).
(2) The Secretary shall include in the report
recommendations regarding the continuation or termination of
any ongoing use of Lake Erie as an ordnance firing range, and
explain any recommendation to continue such activities. The
Secretary shall conduct the evaluation and assessment in
consultation with the government of the State of Ohio and local
government entities and with appropriate Federal agencies.
(c) Limitation on Expenditures.--Not more than $800,000 may
be expended to conduct the study under subsection (a) and
prepare the report under subsection (b). However, nothing in
this section is intended to require non-Federal cost-sharing of
the costs to perform the study.
(d) Authorization.--Consistent with existing laws, and
after providing notice to Congress, the Secretary of Defense
may work with the other relevant Federal, State, local, or
private entities to remove ordnance resulting from infiltration
into the Federal navigation channel and adjacent shorelines of
the Toussaint River in Ottawa County, Ohio, using funds
authorized to be appropriated for that specific purpose in
fiscal year 2000.
(e) Relation to Other Laws and Agreements.--This section is
not intended to modify any authorities provided to the
Secretary of the Army by the Water Resources Development Act of
1986 (33 U.S.C. 2201 et seq.), nor is it intended to modify any
non-Federal cost-sharing responsibilities outlined in any local
cooperation agreements.
Subtitle D--Depot-Level Activities
SEC. 331. SALES OF ARTICLES AND SERVICES OF DEFENSE INDUSTRIAL
FACILITIES TO PURCHASERS OUTSIDE THE DEPARTMENT OF
DEFENSE.
(a) Waiver of Certain Conditions.--(1) Section 2208(j) of
title 10, United States Code, is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by inserting ``(1)'' after ``(j)''; and
(C) by adding at the end the following new
paragraph:
``(2) The Secretary of Defense may waive the conditions in
paragraph (1) in the case of a particular sale if the Secretary
determines that the waiver is necessary for reasons of national
security and notifies Congress regarding the reasons for the
waiver.''.
(2) Section 2553(c) of such title is amended--
(A) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively;
(B) by inserting ``(1)'' before ``A sale''; and
(C) by adding at the end the following new
paragraph:
``(2) The Secretary of Defense may waive the condition in
paragraph (1)(A) and subsection (a)(1) that an article or
service must be not available from a United States commercial
source in the case of a particular sale if the Secretary
determines that the waiver is necessary for reasons of national
security and notifies Congress regarding the reasons for the
waiver.''.
(b) Clarification of Commercial Nonavailability.--Section
2553(g) of such title is amended--
(1) by redesignating paragraph (2) as paragraph
(3); and
(2) by inserting after paragraph (1) the following
new paragraph:
``(2) The term `not available', with respect to an
article or service proposed to be sold under this
section, means that the article or service is
unavailable from a commercial source in the required
quantity and quality or within the time required.''.
SEC. 332. CONTRACTING AUTHORITY FOR DEFENSE WORKING CAPITAL FUNDED
INDUSTRIAL FACILITIES.
Section 2208(j)(1) of title 10, United States Code, as
amended by section 331, is further amended--
(1) in the matter preceding subparagraph (A), by
striking ``or remanufacturing'' and inserting ``,
remanufacturing, and engineering'';
(2) in subparagraph (A), by inserting ``or a
subcontract under a Department of Defense contract''
before the semicolon; and
(3) in subparagraph (B), by striking ``Department
of Defense solicitation for such contract'' and
inserting ``solicitation for the contract or
subcontract''.
SEC. 333. ANNUAL REPORTS ON EXPENDITURES FOR PERFORMANCE OF DEPOT-LEVEL
MAINTENANCE AND REPAIR WORKLOADS BY PUBLIC AND
PRIVATE SECTORS.
Subsection (e) of section 2466 of title 10, United States
Code, is amended to read as follows:
``(e) Annual 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. 334. APPLICABILITY OF COMPETITION REQUIREMENT IN CONTRACTING OUT
WORKLOADS PERFORMED BY DEPOT-LEVEL ACTIVITIES OF
DEPARTMENT OF DEFENSE.
Section 2469(b) of title 10, United States Code, is amended
by inserting ``(including the cost of labor and materials)''
after ``$3,000,000''.
SEC. 335. TREATMENT OF PUBLIC SECTOR WINNING BIDDERS FOR CONTRACTS FOR
PERFORMANCE OF DEPOT-LEVEL MAINTENANCE AND REPAIR
WORKLOADS FORMERLY PERFORMED AT CERTAIN MILITARY
INSTALLATIONS.
Section 2469a of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(i) Oversight of Contracts Awarded Public Entities.--The
Secretary of Defense or the Secretary concerned may not impose
on a public sector entity awarded a contract for the
performance of any depot-level maintenance and repair workload
described in subsection (b) any requirements regarding
management systems, reviews, oversight, or reporting that are
significantly different from the requirements used in the
performance and management of other similar or identical depot-
level maintenance and repair workloads by the entity, unless
the requirements are specifically provided in the solicitation
for the contract or are necessary to ensure compliance with the
terms of the contract.''.
SEC. 336. ADDITIONAL MATTERS TO BE REPORTED BEFORE PRIME VENDOR
CONTRACT FOR DEPOT-LEVEL MAINTENANCE AND REPAIR IS
ENTERED INTO.
Section 346(a) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
Stat. 1979; 10 U.S.C. 2464 note) is amended--
(1) by striking ``and'' at the end of paragraph
(1);
(2) by striking the period at the end of paragraph
(2) and inserting a semicolon; and
(3) by adding at the end the following new
paragraphs:
``(3) contains an analysis of the extent to which
the contract conforms to the requirements of section
2466 of title 10, United States Code; and
``(4) describes the measures taken to ensure that
the contract does not violate the core logistics
policies, requirements, and restrictions set forth in
section 2464 of that title.''.
Subtitle E--Performance of Functions by Private-Sector Sources
SEC. 341. REDUCED THRESHOLD FOR CONSIDERATION OF EFFECT ON LOCAL
COMMUNITY OF CHANGING DEFENSE FUNCTIONS TO PRIVATE
SECTOR PERFORMANCE.
Section 2461(b)(3)(B)(ii) of title 10, United States Code,
is amended by striking ``75 employees'' and inserting ``50
employees''.
SEC. 342. CONGRESSIONAL NOTIFICATION OF A-76 COST COMPARISON WAIVERS.
(a) Notification Required.--Section 2467 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(c) Congressional Notification of Cost Comparison
Waiver.--(1) Not later than 10 days after a decision is made to
waive the cost comparison study otherwise required under Office
of Management and Budget Circular A-76 as part of the process
to convert to contractor performance any commercial activity of
the Department of Defense, the Secretary of Defense shall
submit to Congress a report describing the commercial activity
subject to the waiver and the rationale for the waiver.
``(2) The report shall also include the following:
``(A) The total number of civilian employees or
military personnel currently performing the function to
be converted to contractor performance.
``(B) A description of the competitive procedure
used to award a contract for contractor performance of
the commercial activity.
``(C) The anticipated savings to result from the
waiver and resulting conversion to contractor
performance.''.
(b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 2467. Cost comparisons: inclusion of retirement costs;
consultation with employees; waiver of
comparison''.
(2) The table of sections at the beginning of chapter 146
of such title is amended by striking the item relating to
section 2467 and inserting the following new item:
``2467. Cost comparisons: inclusion of retirement costs; consultation
with employees; waiver of comparison.''.
SEC. 343. REPORT ON USE OF EMPLOYEES OF NON-FEDERAL ENTITIES TO PROVIDE
SERVICES TO DEPARTMENT OF DEFENSE.
(a) Report Required.--Not later than March 1, 2001, the
Secretary of Defense shall submit to Congress a report
describing the use during the previous fiscal year of non-
Federal entities to provide services to the Department of
Defense.
(b) Content of Report.--To the extent practicable using
information available from existing data collection and
reporting systems available to the Department of Defense and
the non-Federal entities referred to in subsection (a), the
report shall--
(1) specify the number of work year equivalents
performed by individuals employed by non-Federal
entities in providing services to the Department,
including both direct and indirect labor attributable
to the provision of the services;
(2) categorize the information by Federal supply
class or service code; and
(3) indicate the appropriation from which the
services were funded and the major organizational
element of the Department procuring the services.
(c) Limitation on Requirement for Non-Federal Entities to
Provide Information.--For the purposes of meeting the
requirements set forth in subsection (b), the Secretary may not
require the provision of information beyond the information
that is currently provided to the Department by the non-Federal
entities referred to in subsection (a), except for the number
of direct and indirect work year equivalents associated with
Department of Defense contracts, identified by contract number,
to the extent this information is available to the contractor
from existing data collection systems.
SEC. 344. EVALUATION OF TOTAL SYSTEM PERFORMANCE RESPONSIBILITY
PROGRAM.
(a) Report Required.--Not later than February 1, 2000, the
Secretary of the Air Force shall submit to Congress a report
identifying all Air Force programs that--
(1) are currently managed under the Total System
Performance Responsibility Program or similar programs;
or
(2) are presently planned to be managed using the
Total System Performance Responsibility Program or a
similar program.
(b) Evaluation.--As part of the report required by
subsection (a), the Secretary of the Air Force shall include an
evaluation of the following:
(1) The manner in which the Total System
Performance Responsibility Program and similar programs
support the readiness and warfighting capability of the
Armed Forces and complement the support of the
logistics depots.
(2) The effect of the Total System Performance
Responsibility Program and similar programs on the
maintenance of core Government logistics management
skills.
(3) The process and criteria used by the Air Force
to determine whether Government employees or the
private sector should perform sustainment management
functions.
(c) Comptroller General Review.--Not later than 30 days
after the date on which the report required by subsection (a)
is submitted to Congress, the Comptroller General shall review
the report and submit to Congress a briefing evaluating the
report.
SEC. 345. SENSE OF CONGRESS REGARDING PROCESS FOR MODERNIZATION OF ARMY
COMPUTER SERVICES.
(a) Purpose of Modernization.--It is the sense of Congress
that any modernization of computer services (also known as the
Army Wholesale Logistics Modernization Program) of the Army
Communications Electronics Command of the Army Materiel Command
to replace the systems currently provided by the Logistics
Systems Support Center in St. Louis, Missouri, and the
Industrial Logistics System Center in Chambersburg,
Pennsylvania, should have as a primary goal the sustainment of
military readiness.
(b) Use of Standard Industry Integration Practices.--It is
the sense of Congress that, in order to sustain readiness, any
contract for the modernization of the computer services
referred to in subsection (a), in addition to containing all of
the requirements specified by the Secretary of the Army, should
require the use of standard industry integration practices to
provide further readiness risk mitigation.
(c) Proposed Contractor Practices.--It is the sense of
Congress that the following practices should be employed by any
contractor engaged in the modernization of the computer
services referred to in subsection (a) to ensure continued
readiness:
(1) Testing practices.--Before any proposed
modernization solution is implemented, the solution
should be rigorously tested to ensure that it meets the
performance requirements of the Army and all other
functional requirements. At each step in the testing
process, confirmation of successful test completion
should be required before the contractor begins the
next step of the modernization process.
(2) Implementation team.--The Secretary of the Army
should establish an implementation team to monitor
efficiencies and effectiveness of the modernization
solutions.
(d) Readiness Sustainment.--It is the sense of Congress
that the following additional readiness sustainment measures
should be undertaken as part of the modernization of the
computer services referred to in subsection (a):
(1) Government oversight.--It is extremely
important that the Army Materiel Command retains
sufficient in-house expertise to ensure that readiness
is not adversely affected by the modernization efforts
and to effectively oversee contractor performance.
(2) Use of contract partnering.--The Army Materiel
Command should encourage partnerships with the
contractor, with the primary goal of providing quality
contract deliverables on time and at a reasonable
price. Any such partnership agreement should constitute
a mutual commitment on how the Army Materiel Command
and the contractor will interact during the course of
the contract, with the objective of facilitating
optimum contract performance through teamwork, enhanced
communications, cooperation, and good faith
performance.
Subtitle F--Defense Dependents Education
SEC. 351. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND
DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(a) Modified Department of Defense Program for Fiscal Year
2000.--Of the amount authorized to be appropriated by section
301(5) for operation and maintenance for Defense-wide
activities, $35,000,000 shall be available only for the purpose
of providing educational agencies assistance (as defined in
subsection (d)(1)) to local educational agencies.
(b) Notification.--Not 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. 352. UNIFIED SCHOOL BOARDS FOR ALL DEPARTMENT OF DEFENSE DOMESTIC
DEPENDENT SCHOOLS IN THE COMMONWEALTH OF PUERTO
RICO AND GUAM.
Section 2164(d)(1) of title 10, United States Code, is
amended by adding at the end the following new sentence: ``The
Secretary may provide for the establishment of one school board
for all such schools in the Commonwealth of Puerto Rico and one
school board for all such schools in Guam instead of one school
board for each military installation in those locations.''.
SEC. 353. CONTINUATION OF ENROLLMENT AT DEPARTMENT OF DEFENSE DOMESTIC
DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS.
Section 2164 of title 10, United States Code, is amended--
(1) in subsection (c), by striking paragraph (3);
and
(2) by adding at the end the following new
subsection:
``(h) Continuation of Enrollment Despite Change in
Status.--(1) The Secretary of Defense shall permit a dependent
of a member of the armed forces or a dependent of a Federal
employee to continue enrollment in an educational program
provided by the Secretary pursuant to subsection (a) for the
remainder of a school year notwithstanding a change during such
school year in the status of the member or Federal employee
that, except for this paragraph, would otherwise terminate the
eligibility of the dependent to be enrolled in the program.
``(2) The Secretary may, for good cause, authorize a
dependent of a member of the armed forces or a dependent of a
Federal employee to continue enrollment in an educational
program provided by the Secretary pursuant to subsection (a)
notwithstanding a change in the status of the member or
employee that, except for this paragraph, would otherwise
terminate the eligibility of the dependent to be enrolled in
the program. The enrollment may continue for as long as the
Secretary considers appropriate.
``(3) Paragraphs (1) and (2) do not limit the authority of
the Secretary to remove a dependent from enrollment in an
educational program provided by the Secretary pursuant to
subsection (a) at any time for good cause determined by the
Secretary.''.
SEC. 354. TECHNICAL AMENDMENTS TO DEFENSE DEPENDENTS' EDUCATION ACT OF
1978.
The Defense Dependents' Education Act of 1978 (title XIV of
Public Law 95-561) is amended as follows:
(1) Section 1402(b)(1) (20 U.S.C. 921(b)(1)) is
amended by striking ``recieve'' and inserting
``receive''.
(2) Section 1403 (20 U.S.C. 922) is amended--
(A) by striking the matter in that section
preceding subsection (b) and inserting the
following:
``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 G--Military Readiness Issues
SEC. 361. INDEPENDENT STUDY OF MILITARY READINESS REPORTING SYSTEM.
(a) Independent Study Required.--(1) The Secretary of
Defense shall provide for an independent study of requirements
for a comprehensive readiness reporting system for the
Department of Defense, as required by section 117 of title 10,
United States Code.
(2) The Secretary shall provide for the study to be
conducted by an organization outside the Federal Government
that the Secretary considers qualified to conduct the study.
The amount of a contract for the study may not exceed
$1,000,000.
(3) The Secretary shall require that all components of the
Department of Defense cooperate fully with the organization
carrying out the study.
(b) Matters To Be Included in Study.--The Secretary shall
require that the organization conducting the study under this
section specifically consider the requirements for providing an
objective, accurate, and timely readiness reporting system for
the Department of Defense that has--
(1) the characteristics and capabilities described
in subsections (b) and (c) of section 117 of title 10,
United States Code; and
(2) any other characteristics and capabilities that
the organization determines appropriate to measure the
capability of the Armed Forces to carry out the
strategies and guidance described in subsection (a) of
such section.
(c) Report.--(1) The Secretary of Defense shall require the
organization conducting the study under this section to submit
to the Secretary a report on the study not later than March 1,
2000. The organization shall include in the report its findings
and conclusions concerning each of the matters specified in
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.
(d) Revisions to DOD Readiness Reporting System.--(1)
Section 117 of title 10, United States Code, is amended--
(A) in subsection (b)(2), by striking ``with any
change'' and all that follows through ``24 hours'' and
inserting ``with (A) any change in the overall
readiness status of a unit that is required to be
reported as part of the readiness reporting system
being reported within 24 hours of the event
necessitating the change in readiness status, and (B)
any change in the overall readiness status of an
element of the training establishment or an element of
defense infrastructure that is required to be reported
as part of the readiness reporting system being
reported within 72 hours''; and
(B) in paragraphs (2), (3), and (5) of subsection
(c), by striking ``a quarterly'' and inserting ``an
annual''.
(2) Subsection (b) of section 373 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105-261; 112 Stat. 1992) is amended by striking ``January
15, 2000'' and inserting ``April 1, 2000''.
(3) Subsection (d) of such section is repealed.
(e) Revised Time for Implementation of Quarterly Readiness
Reports.--Section 482(a) of title 10, United States Code, is
amended by striking ``30 days'' and inserting ``45 days''.
SEC. 362. INDEPENDENT STUDY OF DEPARTMENT OF DEFENSE SECONDARY
INVENTORY AND PARTS SHORTAGES.
(a) Independent Study Required.--In accordance with this
section, the Secretary of Defense shall provide for an
independent study of--
(1) current levels of Department of Defense
inventories of spare parts and other supplies, known as
secondary inventory items, including wholesale and
retail inventories; and
(2) reports and evidence of Department of Defense
inventory shortages adversely affecting readiness.
(b) Performance by Independent Entity.--To conduct the
study under this section, the Secretary of Defense shall select
the General Accounting Office, an entity in the private sector
that has experience in parts and secondary inventory
management, or another entity outside the Department of Defense
that has such experience.
(c) Matters To Be Included in Study.--The Secretary of
Defense shall require the entity conducting the study under
this section to specifically evaluate the following:
(1) How much of the secondary inventory retained by
the Department of Defense for economic, contingency,
and potential reutilization during the five-year period
ending December 31, 1998, was actually used during each
year of the period.
(2) How much of the retained secondary inventory
currently held by the Department could be declared to
be excess, determined on the basis of standards that
take into account requirements uniquely applicable to
the Department of Defense because of its warfighting
missions, such as requirements for a war reserve of
items.
(3) Alternative methods for the disposal or other
disposition of excess inventory and the cost to the
Department to dispose of excess inventory under each
alternative.
(4) The total cost per year of storing secondary
inventory, to be determined using traditional private
sector cost calculation models.
(5) The adequacy of the Department's schedule and
plan for disposing of excess inventory.
(d) Report on Results of Study.--The Secretary of Defense
shall require the entity conducting the study under this
section to submit to the Secretary a report containing the
results of the study, including the entity's findings and
conclusions concerning each of the matters specified in
subsection (c). The entity shall submit the report at such time
as to permit the Secretary to comply with subsection (e).
(e) Review and Comments of the Secretary of Defense.--Not
later than September 1, 2000, the Secretary of Defense shall
submit to Congress a report containing the following:
(1) The report submitted under subsection (d),
together with the Secretary's comments and
recommendations regarding the report.
(2) A plan to address the issues of excess and
excessive inactive inventory and part shortages and a
timetable to implement the plan throughout the
Department.
SEC. 363. REPORT ON INVENTORY AND CONTROL OF MILITARY EQUIPMENT.
(a) Report Required.--Not later than August 31, 2000, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the inventory and control of the military equipment
of the Department of Defense as of the end of fiscal year 1999.
The report shall address the inventories of each of the Army,
Navy, Air Force, and Marine Corps separately.
(b) Content.--The report shall include the following:
(1) For each item of military equipment in the
inventory, stated by item nomenclature--
(A) the quantity of the item in the
inventory as of the beginning of the fiscal
year;
(B) the quantity of acquisitions of the
item during the fiscal year;
(C) the quantity of disposals of the item
during the fiscal year;
(D) the quantity of losses of the item
during the performance of military missions
during the fiscal year; and
(E) the quantity of the item in the
inventory as of the end of the fiscal year.
(2) A reconciliation of the quantity of each item
in the inventory as of the beginning of the fiscal year
with the quantity of the item in the inventory as of
the end of fiscal year.
(3) For each item of military equipment that cannot
be reconciled--
(A) an explanation of why the quantities
cannot be reconciled; and
(B) a discussion of the remedial actions
planned to be taken, including target dates for
accomplishing the remedial actions.
(4) Supporting schedules identifying the location
of each item that are available to Congress or auditors
of the Comptroller General upon request.
(c) Military Equipment Defined.--For the purposes of this
section, the term ``military equipment'' means all equipment
that is used in support of military missions and is maintained
on the visibility systems of the Army, Navy, Air Force, or
Marine Corps.
(d) Inspector General Review.--Not later than November 30,
2000, the Inspector General of the Department of Defense shall
review the report submitted to the committees under subsection
(a) and shall submit to the committees any comments that the
Inspector General considers appropriate.
SEC. 364. COMPTROLLER GENERAL STUDY OF ADEQUACY OF DEPARTMENT
RESTRUCTURED SUSTAINMENT AND REENGINEERED LOGISTICS
PRODUCT SUPPORT PRACTICES.
(a) Study Required.--In accordance with this section, the
Comptroller General shall conduct a study of restructured
sustainment and reengineered logistics product support
practices within the Department of Defense, which are designed
to provide spare parts and other supplies to military units and
installations as needed during a transition to war fighting
rather than relying on large stockpiles of such spare parts and
supplies. The purpose of the study is to determine whether
restructured sustainment and reengineered logistics product
support practices would be able to provide adequate sustainment
supplies to military units and installations should it ever be
necessary to execute the National Military Strategy prescribed
by the Chairman of the Joint Chiefs of Staff.
(b) Matters To Be Included in Study.--The Comptroller
General shall specifically evaluate (and recommend improvements
in) the following:
(1) The military assumptions that are used to
determine required levels of war reserve and
prepositioned stocks.
(2) The adequacy of supplies projected to be
available to support the fighting of two, nearly
simultaneous, major theater wars, as required by the
National Military Strategy.
(3) The expected availability through the national
technology and industrial base of spare parts and
supplies not readily available in the Department
inventories, such as parts for aging equipment that no
longer have active vendor support.
(c) Report Required.--Not later than March 1, 2000, the
Comptroller General shall submit to Congress a report
containing the results of the study. The report shall include
the Comptroller General's findings, conclusions, and
recommendations concerning each of the matters specified in
subsection (b).
SEC. 365. COMPTROLLER GENERAL REVIEW OF REAL PROPERTY MAINTENANCE AND
ITS EFFECT ON READINESS.
(a) Review Required.--The Comptroller General shall conduct
a review of the impact that the consistent lack of adequate
funding for real property maintenance of military installations
during the five-year period ending December 31, 1998, has had
on readiness, the quality of life of members of the Armed
Forces and their dependents, and the infrastructure on military
installations.
(b) Funding Matters To Be Reviewed.--In conducting the
review under this section, the Comptroller General shall
specifically consider the following for the Army, Navy, Marine
Corps, and Air Force:
(1) For each year of the covered five-year period,
the extent to which unit training and operating funds
were diverted to meet basic base operations and real
property maintenance needs.
(2) The types of training delayed, canceled, or
curtailed as a result of the diversion of such funds.
(3) The level of funding required to eliminate the
real property maintenance backlog at military
installations so that facilities meet the standards
necessary for optimum utilization during times of
mobilization.
(c) Command and Management Matters To Be Reviewed.--As part
of the review conducted under this section, the Comptroller
General shall--
(1) review the method of command and management of
military installations for the Army, Navy, Marine
Corps, and Air Force; and
(2) develop, based on such review, recommendations
for the optimum command structure for military
installations, to have major command status, which are
designed to enhance the development of installations
doctrine, privatization and outsourcing, commercial
activities, environmental compliance programs,
installation restoration, and military construction.
(d) Report Required.--Not later than March 1, 2000, the
Comptroller General shall submit to Congress a report
containing the results of the review required under this
section and the optimum command structure recommended under
subsection (c).
SEC. 366. ESTABLISHMENT OF LOGISTICS STANDARDS FOR SUSTAINED MILITARY
OPERATIONS.
(a) Establishment of Standards.--The Secretary of each
military department shall establish, for deployable units of
each of the Armed Forces under the jurisdiction of the
Secretary, standards regarding--
(1) the level of spare parts that the units must
have on hand; and
(2) similar logistics and sustainment needs of the
units.
(b) Basis for Standards.--The standards to be established
for a unit under subsection (a) shall be based upon the
following:
(1) The unit's wartime mission, as reflected in the
war-fighting plans of the relevant combatant
commanders.
(2) An assessment of the likely requirement for
sustained operations under each such war-fighting plan.
(3) An assessment of the likely requirement for
that unit to conduct sustained operations in an austere
environment, while drawing exclusively on its own
internal logistics capabilities.
(c) Sufficiency Capabilities.--The standards to be
established by the Secretary of a military department under
subsection (a) shall reflect those spare parts and similar
logistics capabilities that the Secretary considers sufficient
for the units of each of the Armed Forces under the Secretary's
jurisdiction to successfully execute their missions under the
conditions described in subsection (b).
(d) Relation to Readiness Reporting System.--The standards
established under subsection (a) shall be taken into account in
designing the comprehensive readiness reporting system for the
Department of Defense required by section 117 of title 10,
United States Code, and shall be an element in determining a
unit's readiness status.
(e) Relation to Annual Funding Needs.--The Secretary of
Defense shall consider the standards established under
subsection (a) in establishing the annual funding requirements
for the Department of Defense.
(f) Reporting Requirement.--The Secretary of Defense shall
include in the annual report required by section 113(c) of
title 10, United States Code, an analysis of the then current
spare parts, logistics, and sustainment standards of the Armed
Forces, as described in subsection (a), including any
shortfalls and the cost of addressing these shortfalls.
Subtitle H--Information Technology Issues
SEC. 371. DISCRETIONARY AUTHORITY TO INSTALL TELECOMMUNICATION
EQUIPMENT FOR PERSONS PERFORMING VOLUNTARY
SERVICES.
(a) Authority.--Section 1588 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(f) Authority To Install Equipment.--(1) The Secretary
concerned may install telephone lines and any necessary
telecommunication equipment in the private residences of
persons, designated in accordance with the regulations
prescribed under paragraph (4), who provide voluntary services
accepted under subsection (a)(3).
``(2) In the case of equipment installed under the
authority of paragraph (1), the Secretary concerned may pay the
charges incurred for the use of the equipment for authorized
purposes.
``(3) To carry out this subsection, the Secretary concerned
may use appropriated funds (notwithstanding section 1348 of
title 31) or nonappropriated funds of the military department
under the jurisdiction of the Secretary or, with respect to the
Coast Guard, the department in which the Coast Guard is
operating.
``(4) The Secretary of Defense and, with respect to the
Coast Guard when it is not operating as a service in the Navy,
the Secretary of Transportation shall prescribe regulations to
carry out this subsection.''.
(b) Report on Implementation.--Not later than two years
after final regulations prescribed under subsection (f)(4) of
section 1588 of title 10, United States Code, as added by
subsection (a), take effect, the Comptroller General shall
review the exercise of authority under such subsection (f) and
submit to Congress a report on the findings resulting from the
review.
SEC. 372. AUTHORITY FOR DISBURSING OFFICERS TO SUPPORT USE OF AUTOMATED
TELLER MACHINES ON NAVAL VESSELS FOR FINANCIAL
TRANSACTIONS.
Section 3342 of title 31, United States Code, is amended by
adding at the end the following new subsection:
``(f) With respect to automated teller machines on naval
vessels, the authority of a disbursing official of the United
States Government under subsection (a) also includes the
following:
``(1) The authority to provide operating funds to
the automated teller machines.
``(2) The authority to accept, for safekeeping,
deposits and transfers of funds made through the
automated teller machines.''.
SEC. 373. USE OF SMART CARD TECHNOLOGY IN THE DEPARTMENT OF DEFENSE.
(a) Department of Navy as Lead Agency.--The Department of
the Navy shall serve as the lead agency for the development and
implementation of a Smart Card program for the Department of
Defense.
(b) Cooperation of Other Military Departments.--The
Department of the Army and the Department of the Air Force
shall each establish a project office and cooperate with the
Department of the Navy to develop implementation plans for
exploiting the capability of Smart Card technology as a means
for enhancing readiness and improving business processes
throughout the military departments.
(c) Senior Coordinating Group.--(1) Not later than November
30, 1999, the Secretary of Defense shall establish a senior
coordinating group to develop and implement--
(A) Department-wide interoperability standards for
use of Smart Card technology; and
(B) a plan to exploit Smart Card technology as a
means for enhancing readiness and improving business
processes.
(2) The senior coordinating group shall be chaired by a
representative of the Secretary of the Navy and shall include
senior representatives from each of the Armed Forces and such
other persons as the Secretary of Defense considers
appropriate.
(3) Not later than March 31, 2000, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report containing a detailed discussion of
the progress made by the senior coordinating group in carrying
out its duties.
(d) Role of Department of Defense Chief Information
Office.--The senior coordinating group established under
subsection (c) shall report to and receive guidance from the
Department of Defense Chief Information Office.
(e) Increased Use Targeted to Certain Naval Regions.--Not
later than November 30, 1999, the Secretary of the Navy shall
establish a business plan to implement the use of Smart Cards
in one major Naval region of the continental United States that
is in the area of operations of the United States Atlantic
Command and one major Naval region of the continental United
States that is in the area of operations of the United States
Pacific Command. The regions selected shall include a major
fleet concentration area. The implementation of the use of
Smart Cards in each region shall cover the Navy and Marine
Corps bases and all non-deployed units in the region. The
Secretary of the Navy shall submit the business plan to the
congressional defense committees.
(f) Funding for Increased Use of Smart Cards.--Of the funds
authorized to be appropriated for the Navy by section 102(a)(4)
or 301(2), the Secretary of the Navy--
(1) shall allocate such amounts as may be
necessary, but not to exceed $30,000,000, to ensure
that significant progress is made toward complete
implementation of the use of Smart Card technology in
the Department of the Navy; and
(2) may allocate additional amounts for the
conversion of paper-based records to electronic media
for records systems that have been modified to use
Smart Card technology.
(g) Definitions.--In this section:
(1) The term ``Smart Card'' means a credit card-
size device, normally for carrying and use by
personnel, that contains one or more integrated
circuits and may also employ one or more of the
following technologies:
(A) Magnetic stripe.
(B) Bar codes, linear or two-dimensional.
(C) Non-contact and radio frequency
transmitters.
(D) Biometric information.
(E) Encryption and authentication.
(F) Photo identification.
(2) The term ``Smart Card technology'' means a
Smart Card together with all of the associated
information technology hardware and software that
comprise the system for support and operation.
(h) Repeal of Requirement for Automated Identification
Technology Office.--Section 344 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-
261; 112 Stat. 1977; 10 U.S.C. 113 note) is amended by striking
subsection (b).
SEC. 374. REPORT ON DEFENSE USE OF SMART CARD AS PKI AUTHENTICATION
DEVICE CARRIER.
(a) Report Required.--Not later than February 1, 2000, the
Secretary of Defense shall submit to Congress a report
evaluating the option of the Department of Defense using the
Smart Card as a Public-Private Key Infrastructure
authentication device carrier. The report shall include the
following:
(1) An evaluation of the advantages and
disadvantages of using the Smart Card as a PKI
authentication device carrier for the Department of
Defense.
(2) A description of other available devices that
could be readily used as a PKI authentication device
carrier.
(3) A comparison of the cost of using the Smart
Card and other available devices as the PKI
authentication device carrier.
(b) Definitions.--In this section:
(1) The term ``Smart Card'' means a credit card-
size device, normally for carrying and use by
personnel, that contains one or more integrated
circuits and may also employ one or more of the
following technologies:
(A) Magnetic stripe.
(B) Bar codes, linear or two-dimensional.
(C) Non-contact and radio frequency
transmitters.
(D) Biometric information.
(E) Encryption and authentication.
(F) Photo identification.
(2) The terms ``Public-Private Key Infrastructure
authentication device carrier'' and ``PKI
authentication device carrier'' mean a device that
physically stores, carries, and employs electronic
authentication or encryption keys necessary to create a
unique digital signature, digital certificate, or other
mark on an electronic document or file.
Subtitle I--Other Matters
SEC. 381. AUTHORITY TO LEND OR DONATE OBSOLETE OR CONDEMNED RIFLES FOR
FUNERAL AND OTHER CEREMONIES.
(a) Authority.--Subsection (a) of section 4683 of title 10,
United States Code, is amended to read as follows:
``(a) Authority to Lend or Donate.--(1) The Secretary of
the Army, under regulations prescribed by the Secretary, may
conditionally lend or donate excess M-1 rifles (not more than
15), slings, and cartridge belts to any eligible organization
for use by that organization for funeral ceremonies of a member
or former member of the armed forces, and for other ceremonial
purposes.
``(2) If the rifles to be loaned or donated under paragraph
(1) are to be used by the eligible organization for funeral
ceremonies of a member or former member of the armed forces,
the Secretary may issue and deliver the rifles, together with
the necessary accoutrements and blank ammunition, without
charge.''.
(b) Conditions and Definition.--Such section is further
amended by adding at the end the following new subsections:
``(c) Conditions on Loan or Donation.--In lending or
donating rifles under subsection (a), the Secretary shall
impose such conditions on the use of the rifles as may be
necessary to ensure security, safety, and accountability. The
Secretary may impose such other conditions as the Secretary
considers appropriate.
``(d) Eligible Organization Defined.--In this section, the
term `eligible organization' means--
``(1) a unit or other organization of honor guards
recognized by the Secretary of the Army as honor guards
for a national cemetery;
``(2) a law enforcement agency; or
``(3) a local unit of any organization that, as
determined by the Secretary of the Army, is a
nationally recognized veterans' organization.''.
(c) Conforming Amendments.--Subsection (b) of such section
is amended--
(1) by inserting ``Relief From Liability.--'' after
``(b)'';
(2) by striking ``a unit'' and inserting ``an
eligible organization''; and
(3) by striking ``lent'' both places it appears and
inserting ``lent or donated''.
(d) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 4683. Excess M-1 rifles: loan or donation for funeral and other
ceremonial purposes''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 443 of such title is
amended to read as follows:
``4683. Excess M-1 rifles: loan or donation for funeral and other
ceremonial purposes.''.
(e) Report on Implementation.--Not later than two years
after the date of the enactment of this Act, the Comptroller
General shall review the exercise of authority under section
4683 of title 10, United States Code, as amended by this
section, and submit to Congress a report on the findings
resulting from the review.
SEC. 382. EXTENSION OF WARRANTY CLAIMS RECOVERY PILOT PROGRAM.
Section 391 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1716; 10 U.S.C.
2304 note) is amended--
(1) in subsection (f), by striking ``September 30,
1999'' and inserting ``September 30, 2000'';
(2) in subsection (g)(1), by striking ``January 1,
2000'' and inserting ``January 1, 2001''; and
(3) in subsection (g)(2), by striking ``March 1,
2000'' and inserting ``March 1, 2001''.
SEC. 383. PRESERVATION OF HISTORIC BUILDINGS AND GROUNDS AT UNITED
STATES SOLDIERS' AND AIRMEN'S HOME, DISTRICT OF
COLUMBIA.
The Armed Forces Retirement Home Act of 1991 (title XV of
Public Law 101-510; 24 U.S.C. 401 et seq.) is amended by adding
at the end of part A the following new section:
``SEC. 1523. PRESERVATION 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. 384. CLARIFICATION OF LAND CONVEYANCE AUTHORITY, UNITED STATES
SOLDIERS' AND AIRMEN'S HOME.
(a) Manner of Conveyance.--Subsection (a)(1) of section
1053 of the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104-201; 110 Stat. 2650) is amended by
striking ``convey by sale'' and inserting ``convey, by sale or
lease,''.
(b) Time for Conveyance.--Subsection (a)(2) of such section
is amended to read as follows:
``(2) The Armed Forces Retirement Home Board shall sell or
lease the property described in subsection (a) within 12 months
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2000.''.
(c) Manner, Terms, and Conditions of Conveyance.--
Subsection (b) of such section is amended--
(1) by striking paragraph (1) and inserting the
following new paragraph: ``(1) The Armed Forces
Retirement Home Board shall determine the manner,
terms, and conditions for the sale or lease of the real
property under subsection (a), except as follows:
``(A) Any lease of the real property under
subsection (a) shall include an option to purchase.
``(B) The conveyance may not involve any form of
public/private partnership, but shall be limited to
fee-simple sale or long-term lease.
``(C) Before conveying the property by sale or
lease to any other person or entity, the Board shall
provide the Catholic University of America with the
opportunity to match or exceed the highest bona fide
offer otherwise received for the purchase or lease of
the property, as the case may be, and to acquire the
property.''; and
(2) in paragraph (2), by adding at the end the
following new sentence: ``In no event shall the sale or
lease of the property be for less than the appraised
value of the property in its existing condition and on
the basis of its highest and best use.''.
SEC. 385. TREATMENT OF ALASKA, HAWAII, AND GUAM IN DEFENSE HOUSEHOLD
GOODS MOVING PROGRAMS.
(a) Limitation on Inclusion in Test Programs.--Alaska,
Hawaii, and Guam shall not be included as a point of origin in
any test or demonstration program of the Department of Defense
regarding the moving of household goods of members of the Armed
Forces.
(b) Separate Regions; Destinations.--In any Department of
Defense household goods moving program that is not subject to
the prohibition in subsection (a)--
(1) Alaska, Hawaii, and Guam shall each constitute
a separate region; and
(2) Hawaii and Guam shall be considered
international destinations.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Increase in numbers of members in certain grades authorized to
be on active duty in support of the Reserves.
Sec. 415. Selected Reserve end strength flexibility.
Subtitle C--Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2000, as follows:
(1) The Army, 480,000.
(2) The Navy, 372,037.
(3) The Marine Corps, 172,518.
(4) The Air Force, 360,877.
SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM LEVELS.
(a) Revised End Strength Floors.--Section 691(b) of title
10, United States Code, is amended--
(1) in paragraph (2), by striking ``372,696'' and
inserting ``371,781'';
(2) in paragraph (3), by striking ``172,200'' and
inserting ``172,148''; and
(3) in paragraph (4), by striking ``370,802'' and
inserting ``360,877''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 1999.
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,
22,430.
(2) The Army Reserve, 12,804.
(3) The Naval Reserve, 15,010.
(4) The Marine Corps Reserve, 2,272.
(5) The Air National Guard of the United States,
11,157.
(6) The Air Force Reserve, 1,134.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as
of the last day of fiscal year 2000 for the reserve components
of the Army and the Air Force (notwithstanding section 129 of
title 10, United States Code) shall be the following:
(1) For the Army Reserve, 6,474.
(2) For the Army National Guard of the United
States, 23,125.
(3) For the Air Force Reserve, 9,785.
(4) For the Air National Guard of the United
States, 22,247.
SEC. 414. INCREASE IN NUMBERS OF MEMBERS IN CERTAIN GRADES AUTHORIZED
TO BE ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
(a) Officers.--The table in section 12011(a) of title 10,
United States Code, is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
Major or Lieutenant Commander....... 3,227 1,071 860 140
Lieutenant Colonel or Commander..... 1,611 520 777 90
Colonel or Navy Captain............. 471 188 297 30''.
------------------------------------------------------------------------
(b) Senior Enlisted Members.--The table in section 12012(a)
of such title is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
E-9................................. 645 202 405 20
E-8................................. 2,593 429 1,041 94''.
------------------------------------------------------------------------
SEC. 415. SELECTED RESERVE END STRENGTH FLEXIBILITY.
Section 115(c) of title 10, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph
(1);
(2) by striking the period at the end of paragraph
(2) and inserting ``; and''; and
(3) by adding at the end the following new
paragraph:
``(3) vary the end strength authorized pursuant to
subsection (a)(2) for a fiscal year for the Selected
Reserve of any of the reserve components by a number
equal to not more than 2 percent of that end
strength.''.
Subtitle C--Authorization of Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
2000 a total of $71,884,867,000, and in addition funds in the
total amount of $1,838,426,000 are authorized to be
appropriated to the Department of Defense as emergency
appropriations for fiscal year 2000 for military personnel, as
appropriated in section 2012 of the 1999 Emergency Supplemental
Appropriations Act (Public Law 106-31; 113 Stat. 83). The
authorization in the preceding sentence supersedes any other
authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 2000.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Temporary authority for recall of retired aviators.
Sec. 502. Increase in maximum number of officers authorized to be on
active-duty list in frocked grades of brigadier general and
rear admiral (lower half).
Sec. 503. Reserve officers requesting or otherwise causing nonselection
for promotion.
Sec. 504. Minimum grade of officers eligible to serve on boards of
inquiry.
Sec. 505. Minimum selection of warrant officers for promotion from below
the promotion zone.
Sec. 506. Increase in threshold period of active duty for applicability
of restriction on holding of civil office by retired regular
officers and reserve officers.
Sec. 507. Exemption of retiree council members from recalled retiree
limits.
Sec. 508. Technical amendments relating to joint duty assignments.
Sec. 509. Three-year extension of requirement for competition for joint
4-star officer positions.
Subtitle B--Reserve Component Personnel Policy
Sec. 511. Continuation of officers on reserve active-status list to
complete disciplinary action.
Sec. 512. Authority to order reserve component members to active duty to
complete a medical evaluation.
Sec. 513. Exclusion of reserve officers on educational delay from
eligibility for consideration for promotion.
Sec. 514. Extension of period for retention of reserve component majors
and lieutenant commanders who twice fail of selection for
promotion.
Sec. 515. Computation of years of service exclusion.
Sec. 516. Retention of reserve component chaplains until age 67.
Sec. 517. Expansion and codification of authority for space-required
travel on military aircraft for reserves performing inactive-
duty training outside the continental United States.
Subtile C--Military Technicians
Sec. 521. Revision to military technician (dual status) law.
Sec. 522. Civil service retirement of technicians.
Sec. 523. Revision to non-dual status technicians statute.
Sec. 524. Revision to authorities relating to National Guard
technicians.
Sec. 525. Effective date.
Sec. 526. Secretary of Defense review of Army technician costing
process.
Sec. 527. Fiscal year 2000 limitation on number of non-dual status
technicians.
Subtitle D--Service Academies
Sec. 531. Strength limitations at the service academies.
Sec. 532. Superintendents of the service academies.
Sec. 533. Dean of Academic Board, United States Military Academy and
Dean of the Faculty, United States Air Force Academy.
Sec. 534. Waiver of reimbursement of expenses for instruction at service
academies of persons from foreign countries.
Sec. 535. Expansion of foreign exchange programs of the service
academies.
Subtitle E--Education and Training
Sec. 541. Establishment of a Department of Defense international student
program at the senior military colleges.
Sec. 542. Authority for Army War College to award degree of master of
strategic studies.
Sec. 543. Authority for Air University to confer graduate-level degrees.
Sec. 544. Reserve credit for participation in health professions
scholarship and financial assistance program.
Sec. 545. Permanent authority for ROTC scholarships for graduate
students.
Sec. 546. Increase in monthly subsistence allowance for Senior ROTC
cadets selected for advanced training.
Sec. 547. Contingent funding increase for Junior ROTC program.
Sec. 548. Change from annual to biennial reporting under the reserve
component Montgomery GI bill.
Sec. 549. Recodification and consolidation of statutes denying Federal
grants and contracts by certain departments and agencies to
institutions of higher education that prohibit senior ROTC
units or military recruiting on campus.
Sec. 550. Accrual funding for Coast Guard Montgomery GI bill
liabilities.
Subtitle F--Reserve Component Management
Sec. 551. Financial assistance program for pursuit of degrees by officer
candidates in Marine Corps Platoon Leaders Class program.
Sec. 552. Options to improve recruiting for the Army Reserve.
Sec. 553. Joint duty assignments for reserve component general and flag
officers.
Sec. 554. Grade of chiefs of reserve components and additional general
officers at the National Guard Bureau.
Sec. 555. Duties of Reserves on active duty in support of the Reserves.
Sec. 556. Repeal of limitation on number of Reserves on full-time active
duty in support of preparedness for responses to emergencies
involving weapons of mass destruction.
Sec. 557. Establishment of Office of the Coast Guard Reserve.
Sec. 558. Report on use of National Guard facilities and infrastructure
for support of provision of services to veterans.
Subtitle G--Decorations, Awards, and Commendations
Sec. 561. Waiver of time limitations for award of certain decorations to
certain persons.
Sec. 562. Authority for award of Medal of Honor to Alfred Rascon for
valor during the Vietnam conflict.
Sec. 563. Elimination of current backlog of requests for replacement of
military decorations.
Sec. 564. Retroactive award of Navy Combat Action Ribbon.
Sec. 565. Sense of Congress concerning Presidential unit citation for
crew of the U.S.S. Indianapolis.
Subtitle H--Matters Relating to Recruiting
Sec. 571. Access to secondary school students for military recruiting
purposes.
Sec. 572. Increased authority to extend delayed entry period for
enlistments of persons with no prior military service.
Sec. 573. Army College First pilot program.
Sec. 574. Use of recruiting materials for public relations purposes.
Subtitle I--Matters Relating to Missing Persons
Sec. 575. Nondisclosure of debriefing information on certain missing
persons previously returned to United States control.
Sec. 576. Recovery and identification of remains of certain World War II
servicemen lost in Pacific Theater of Operations.
Subtitle J--Other Matters
Sec. 577. Authority for special courts-martial to impose sentences to
confinement and forfeitures of pay of up to one year.
Sec. 578. Funeral honors details for funerals of veterans.
Sec. 579. Purpose and funding limitations for National Guard Challenge
program.
Sec. 580. Department of Defense Starbase program.
Sec. 581. Survey of members leaving military service on attitudes toward
military service.
Sec. 582. Service review agencies covered by professional staffing
requirement.
Sec. 583. Participation of members in management of organizations abroad
that promote international understanding.
Sec. 584. Support for expanded child care services and youth program
services for dependents.
Sec. 585. Report and regulations on Department of Defense policies on
protecting the confidentiality of communications with
professionals providing therapeutic or related services
regarding sexual or domestic abuse.
Sec. 586. Members under burdensome personnel tempo.
Subtitle K--Domestic Violence
Sec. 591. Defense task force on domestic violence.
Sec. 592. Incentive program for improving responses to domestic violence
involving members of the Armed Forces and military family
members.
Sec. 593. Uniform Department of Defense policies for responses to
domestic violence.
Sec. 594. Central Department of Defense database on domestic violence
incidents.
Subtitle A--Officer Personnel Policy
SEC. 501. TEMPORARY AUTHORITY FOR RECALL OF RETIRED AVIATORS.
(a) Authority.--During the retired aviator recall period,
the Secretary of a military department may recall to active
duty any retired officer having expertise as an aviator to fill
staff positions normally filled by active duty aviators. Any
such recall may only be made with the consent of the officer
recalled.
(b) Limitation.--No more than a total of 500 officers may
be on active duty at any time under subsection (a).
(c) Termination.--Each officer recalled to active duty
under subsection (a) during the retired aviator recall period
shall be released from active duty not later than one year
after the end of such period.
(d) Waivers.--Officers recalled to active duty under
subsection (a) shall not be counted for purposes of section 668
or 690 of title 10, United States Code.
(e) Retired Aviator Recall Period.--For purposes of this
section, the retired aviator recall period is the period
beginning on October 1, 1999, and ending on September 30, 2002.
(f) Report.--Not later than March 31, 2002, the Secretary
of Defense submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report on the use of the authority under this
section, together with the Secretary's recommendation for
extension of that authority.
SEC. 502. INCREASE IN MAXIMUM NUMBER OF OFFICERS AUTHORIZED TO BE ON
ACTIVE-DUTY LIST IN FROCKED GRADES OF BRIGADIER
GENERAL AND REAR ADMIRAL (LOWER HALF).
Section 777(d)(1) of title 10, United States Code, is
amended by striking ``the following:'' and all that follows and
inserting ``55.''.
SEC. 503. RESERVE OFFICERS REQUESTING OR OTHERWISE CAUSING NONSELECTION
FOR PROMOTION.
(a) Reporting Requirement.--Section 617(c) of title 10,
United States Code, is amended by striking ``regular''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to boards convened under section
611(a) of title 10, United States Code, on or after the date of
the enactment of this Act.
SEC. 504. MINIMUM GRADE OF OFFICERS ELIGIBLE TO SERVE ON BOARDS OF
INQUIRY.
(a) Retention Boards for Regular Officers.--The text of
section 1187 of title 10, United States Code, is amended to
read as follows:
``(a) Active Duty Officers.--Except as provided in
subsection (b), each board convened under this chapter shall
consist of officers appointed as follows:
``(1) Each member of the board shall be an officer
of the same armed force as the officer being required
to show cause for retention on active duty.
``(2) Each member of the board shall be on the
active-duty list.
``(3) Each member of the board shall be in a grade
above major or lieutenant commander, except that at
least one member of the board shall be in a grade above
lieutenant colonel or commander.
``(4) Each member of the board shall be senior in
grade to any officer to be considered by the board.
``(b) Retired Officers.--If qualified officers on active
duty are not available in sufficient numbers to comprise a
board convened under this chapter, the Secretary of the
military department concerned shall complete the membership of
the board by appointing to the board retired officers of the
same armed force. A retired officer may be appointed to such a
board only if the retired grade of that officer--
``(1) is above major or lieutenant commander or, in
the case of an officer to be the senior officer of the
board, above lieutenant colonel or commander; and
``(2) is senior to the grade of any officer to be
considered by the board.
``(c) Ineligibility by Reason of Previous Consideration of
Same Officer.--No person may be a member of more than one board
convened under this chapter to consider the same officer.
``(d) Exclusion From Strength Limitation.--A retired
general or flag officer who is on active duty for the purpose
of serving on a board convened under this chapter shall not,
while so serving, be counted against any limitation on the
number of general and flag officers who may be on active
duty.''.
(b) Retention Boards for Reserve Officers.--Subsection (a)
of section 14906 of such title is amended to read as follows:
``(a) Composition of Boards.--Each board convened under
this chapter shall consist of officers appointed as follows:
``(1) Each member of the board shall be an officer
of the same armed force as the officer being required
to show cause for retention in an active status.
``(2) Each member of the board shall hold a grade
above major or lieutenant commander, except that at
least one member of the board shall hold a grade above
lieutenant colonel or commander.
``(3) Each member of the board shall be senior in
grade to any officer to be considered by the board.''.
SEC. 505. MINIMUM SELECTION OF WARRANT OFFICERS FOR PROMOTION FROM
BELOW THE PROMOTION ZONE.
Section 575(b)(2) of title 10, United States Code, is
amended by adding at the end the following new sentence: ``If
the number determined under this subsection with respect to a
promotion zone within a grade (or grade and competitive
category) is less than one, the board may recommend one such
officer for promotion from below the zone within that grade (or
grade and competitive category).''.
SEC. 506. INCREASE IN THRESHOLD PERIOD OF ACTIVE DUTY FOR APPLICABILITY
OF RESTRICTION ON HOLDING OF CIVIL OFFICE BY
RETIRED REGULAR OFFICERS AND RESERVE OFFICERS.
Section 973(b)(1) of title 10, United States Code, is
amended--
(1) in subparagraph (B), by striking ``180 days''
and inserting ``270 days''; and
(2) in subparagraph (C), by striking ``180 days''
and inserting ``270 days''.
SEC. 507. EXEMPTION OF RETIREE COUNCIL MEMBERS FROM RECALLED RETIREE
LIMITS.
Section 690(b)(2) of title 10, United States Code, is
amended by adding at the end the following new subparagraph:
``(D) Any member of the Retiree Council of the
Army, Navy, or Air Force for the period on active duty
to attend the annual meeting of the Retiree Council.''.
SEC. 508. TECHNICAL AMENDMENTS RELATING TO JOINT DUTY ASSIGNMENTS.
(a) Joint Duty Assignments for General and Flag Officers.--
Subsection (g) of section 619a of title 10, United States Code,
is amended to read as follows:
``(g) Limitation for General and Flag Officers Previously
Receiving Joint Duty Assignment Waiver.--A general officer or
flag officer who before January 1, 1999, received a waiver of
subsection (a) under the authority of this subsection (as in
effect before that date) may not be appointed to the grade of
lieutenant general or vice admiral until the officer completes
a full tour of duty in a joint duty assignment.''.
(b) Nuclear Propulsion Officers.--Subsection (h) of that
section is amended--
(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).
SEC. 509. THREE-YEAR EXTENSION OF REQUIREMENT FOR COMPETITION FOR JOINT
4-STAR OFFICER POSITIONS.
(a) Extension of Requirement.--Section 604(c) of title 10,
United States Code, is amended by striking ``September 30,
2000'' and inserting ``September 30, 2003''.
(b) Grade Relief.--Section 525(b)(5)(C) of such title is
amended by striking ``September 30, 2000'' and inserting
``September 30, 2003''.
(c) Clarification of Certain Limitations on Number of
Active-Duty Generals and Admirals.--Paragraph (5) of section
525(b) of such title is amended by adding at the end of
subparagraph (A) the following new sentence: ``Any increase by
reason of the preceding sentence in the number of officers of
an armed force serving on active duty in grades above major
general or rear admiral may only be realized by an increase in
the number of lieutenant generals or vice admirals, as the case
may be, serving on active duty, and any such increase may not
be construed as authorizing an increase in the limitation on
the total number of general or flag officers for that armed
force under section 526(a) of this title or in the number of
general and flag officers that may be designated under section
526(b) of this title.''.
Subtitle B--Reserve Component Personnel Policy
SEC. 511. CONTINUATION OF OFFICERS ON RESERVE ACTIVE-STATUS LIST TO
COMPLETE DISCIPLINARY ACTION.
(a) In General.--Chapter 1407 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 14518. Continuation of officers to complete disciplinary action
``The Secretary concerned may delay the separation or
retirement under this chapter of an officer against whom an
action has been commenced with a view to trying the officer by
court-martial. Any such delay may continue until the completion
of the disciplinary action against the officer.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``14518. Continuation of officers to complete disciplinary action.''.
SEC. 512. AUTHORITY TO ORDER RESERVE COMPONENT MEMBERS TO ACTIVE DUTY
TO COMPLETE A MEDICAL EVALUATION.
Section 12301 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(h)(1) When authorized by the Secretary of Defense, the
Secretary of a military department may, with the consent of the
member, order a member of a reserve component to active duty--
``(A) to receive authorized medical care;
``(B) to be medically evaluated for disability or
other purposes; or
``(C) to complete a required Department of Defense
health care study, which may include an associated
medical evaluation of the member.
``(2) A member ordered to active duty under this subsection
may, with the member's consent, be retained on active duty, if
the Secretary concerned considers it appropriate, for medical
treatment for a condition associated with the study or
evaluation, if that treatment of the member is otherwise
authorized by law.
``(3) A member of the Army National Guard of the United
States or the Air National Guard of the United States may be
ordered to active duty under this subsection only with the
consent of the Governor or other appropriate authority of the
State concerned.''.
SEC. 513. EXCLUSION OF RESERVE OFFICERS ON EDUCATIONAL DELAY FROM
ELIGIBILITY FOR CONSIDERATION FOR PROMOTION.
(a) Exclusion.--Section 14301 of title 10, United States
Code is amended by adding at the end the following new
subsection:
``(h) Officers on Educational Delay.--An officer on the
reserve active-status list is ineligible for consideration for
promotion, but shall remain on the reserve active-status list,
while the officer--
``(1) is pursuing a program of graduate level
education in an educational delay status approved by
the Secretary concerned; and
``(2) is receiving from the Secretary financial
assistance in connection with the pursuit of that
program of education while in that status.''.
(b) Retroactive Effect.--(1) Subsection (h) of section
14301 of title 10, United States Code (as added by subsection
(a)), shall apply with respect to boards convened under section
14101(a) of such title before, on, or after the date of the
enactment of this Act.
(2) The Secretary of the military department concerned,
upon receipt of request submitted in a form and manner
prescribed by the Secretary, shall expunge from the military
records of an officer any indication of a failure of selection
of the officer for promotion by a board referred to in
paragraph (1) while the officer was ineligible for
consideration by that board by reason of section 14301(h) of
title 10, United States Code.
SEC. 514. EXTENSION OF PERIOD FOR RETENTION OF RESERVE COMPONENT MAJORS
AND LIEUTENANT COMMANDERS WHO TWICE FAIL OF
SELECTION FOR PROMOTION.
(a) Parity With Officers in Pay Grades
O-2 and O-3.--Section 14506 of title 10, United States Code, is
amended--
(1) by inserting ``the later of (1)'' after ``in
accordance with section 14513 of this title on''; and
(2) by inserting before the period at the end the
following: ``, or (2) the first day of the seventh
month after the month in which the President approves
the report of the board which considered the officer
for the second time''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to removals of reserve officers from
reserve active-status lists under section 14506 of title 10,
United States Code, on or after the date of the enactment of
this Act.
SEC. 515. COMPUTATION OF YEARS OF SERVICE EXCLUSION.
The text of section 14706 of title 10, United States Code,
is amended to read as follows:
``(a) For the purpose of this chapter and chapter 1407 of
this title, a Reserve officer's years of service include all
service of the officer as a commissioned officer of a uniformed
service other than the following:
``(1) Service as a warrant officer.
``(2) Constructive service.
``(3) Service after appointment as a commissioned
officer of a reserve component while in a program of
advanced education to obtain the first professional
degree required for appointment, designation, or
assignment to a professional specialty, but only if
that service occurs before the officer commences
initial service on active duty or initial service in
the Ready Reserve in the specialty that results from
such a degree.
``(b) The exclusion under subsection (a)(3) does not apply
to service performed by an officer who previously served on
active duty or participated as a member of the Ready Reserve in
other than a student status for the period of service preceding
the member's service in a student status.
``(c) For purposes of subsection (a)(3), an officer shall
be considered to be in a professional specialty if the officer
is appointed or assigned to the Medical Corps, the Dental
Corps, the Veterinary Corps, the Medical Service Corps, the
Nurse Corps, or the Army Medical Specialists Corps or is
designated as a chaplain or judge advocate.''.
SEC. 516. RETENTION OF RESERVE COMPONENT CHAPLAINS UNTIL AGE 67.
Section 14703(b) of title 10, United States Code, is
amended by striking ``(or, in the case of a reserve officer of
the Army in the Chaplains or a reserve officer of the Air Force
designated as a chaplain, 60 years of age)''.
SEC. 517. EXPANSION AND CODIFICATION OF AUTHORITY FOR SPACE-REQUIRED
TRAVEL ON MILITARY AIRCRAFT FOR RESERVES PERFORMING
INACTIVE-DUTY TRAINING OUTSIDE THE CONTINENTAL
UNITED STATES.
(a) Authority.--(1) Chapter 1805 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 18505. Reserves traveling to inactive-duty training OCONUS:
authority for space-required travel
``(a) In the case of a member of a reserve component whose
place of inactive-duty training is outside the contiguous
States (including a place other than the place of the member's
unit training assembly if the member is performing the
inactive-duty training in another location), the member may
travel in a space-required status on aircraft of the armed
forces between the member's home and the place of such training
if there is no transportation between those locations by means
of road or railroad (or a combination of road and railroad).
``(b) A member traveling in a space-required status on any
such aircraft under subsection (a) is not authorized to receive
travel, transportation, or per diem allowances in connection
with that travel.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``18505. Reserves traveling to inactive-duty training OCONUS: authority
for space-required travel.''.
(b) Repeal of Superseded Authority.--Section 8023 of Public
Law 105-262 (112 Stat. 2302) is repealed.
(c) Effective Date.--The amendments made by this section
shall apply with respect to travel commencing on or after the
date of the enactment of this Act.
Subtitle C--Military Technicians
SEC. 521. REVISION TO MILITARY TECHNICIAN (DUAL STATUS) LAW.
(a) Definition.--Subsection (a)(1) of section 10216 of
title 10, United States Code, is amended--
(1) in subparagraph (A), by striking ``section
709'' and inserting ``section 709(b)''; and
(2) in subparagraph (C), by inserting ``civilian''
after ``is assigned to a''.
(b) Dual Status Requirement.--Subsection (e) of such
section is amended--
(1) in paragraph (1), by inserting ``(dual
status)'' after ``military technician'' the second
place it appears; and
(2) in paragraph (2)--
(A) by striking ``The Secretary'' and
inserting ``Except as otherwise provided by
law, the Secretary''; and
(B) by striking ``not to exceed six
months'' and inserting ``up to 12 months''.
SEC. 522. CIVIL SERVICE RETIREMENT OF TECHNICIANS.
(a) In General.--(1) Chapter 1007 of title 10, United
States Code, is amended by adding at the end the following new
section:
``Sec. 10218. Army and Air Force Reserve technicians: conditions for
retention; mandatory retirement under civil service
laws
``(a) Separation and Retirement of Military Technicians
(Dual Status).--(1) An individual employed by the Army Reserve
or the Air Force Reserve as a military technician (dual status)
who after the date of the enactment of this section loses dual
status is subject to paragraph (2) or (3), as the case may be.
``(2) If a technician described in paragraph (1) is
eligible at the time dual status is lost for an unreduced
annuity, the technician shall be separated not later than 30
days after the date on which dual status is lost.
``(3)(A) If a technician described in paragraph (1) is not
eligible at the time dual status is lost for an unreduced
annuity, the technician shall be offered the opportunity to--
``(i) reapply for, and if qualified be appointed
to, a position as a military technician (dual status);
or
``(ii) apply for a civil service position that is
not a technician position.
``(B) If such a technician continues employment with the
Army Reserve or the Air Force Reserve as a non-dual status
technician, the technician--
``(i) shall not be permitted, after the end of the
one-year period beginning on the date of the enactment
of this subsection, to apply for any voluntary
personnel action; and
``(ii) shall be separated or retired--
``(I) in the case of a technician first
hired as a military technician (dual status) on
or before February 10, 1996, not later than 30
days after becoming eligible for an unreduced
annuity; and
``(II) in the case of a technician first
hired as a military technician (dual status)
after February 10, 1996, not later than one
year after the date on which dual status is
lost.
``(4) For purposes of this subsection, a military
technician is considered to lose dual status upon--
``(A) being separated from the Selected Reserve; or
``(B) ceasing to hold the military grade specified
by the Secretary concerned for the position held by the
technician.
``(b) Non-Dual Status Technicians.--(1) An individual who
on the date of the enactment of this section is employed by the
Army Reserve or the Air Force Reserve as a non-dual status
technician and who on that date is eligible for an unreduced
annuity shall be separated not later than six months after the
date of the enactment of this section.
``(2)(A) An individual who on the date of the enactment of
this section is employed by the Army Reserve or the Air Force
Reserve as a non-dual status technician and who on that date is
not eligible for an unreduced annuity shall be offered the
opportunity to--
``(i) reapply for, and if qualified be appointed
to, a position as a military technician (dual status);
or
``(ii) apply for a civil service position that is
not a technician position.
``(B) If such a technician continues employment with the
Army Reserve or the Air Force Reserve as a non-dual status
technician, the technician--
``(i) shall not be permitted, after the end of the
one-year period beginning on the date of the enactment
of this subsection, to apply for any voluntary
personnel action; and
``(ii) shall be separated or retired--
``(I) in the case of a technician first
hired as a technician on or before February 10,
1996, and who on the date of the enactment of
this section is a non-dual status technician,
not later than 30 days after becoming eligible
for an unreduced annuity; and
``(II) in the case of a technician first
hired as a technician after February 10, 1996,
and who on the date of the enactment of this
section is a non-dual status technician, not
later than one year after the date on which
dual status is lost.
``(3) An individual employed by the Army Reserve or the Air
Force Reserve as a non-dual status technician who is ineligible
for appointment to a military technician (dual status)
position, or who decides not to apply for appointment to such a
position, or who, within six months of the date of the
enactment of this section is not appointed to such a position,
shall for reduction-in-force purposes be in a separate
competitive category from employees who are military
technicians (dual status).
``(c) Unreduced Annuity Defined.--For purposes of this
section, a technician shall be considered to be eligible for an
unreduced annuity if the technician is eligible for an annuity
under section 8336, 8412, or 8414 of title 5 that is not
subject to a reduction by reason of the age or years of service
of the technician.
``(d) Voluntary Personnel Action Defined.--In this section,
the term `voluntary personnel action', with respect to a non-
dual status technician, means any of the following:
``(1) The hiring, entry, appointment, reassignment,
promotion, or transfer of the technician into a
position for which the Secretary concerned has
established a requirement that the person occupying the
position be a military technician (dual status).
``(2) Promotion to a higher grade if the technician
is in a position for which the Secretary concerned has
established a requirement that the person occupying the
position be a military technician (dual status).''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``10218. Army and Air Force Reserve technicians: conditions for
retention; mandatory retirement under civil service laws.''.
(3) 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.''.
(b) Conforming Amendments.--The heading of such section and
the item relating to such section in the table of sections at
the beginning of chapter 1007 of such title are each amended by
striking the penultimate word.
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. STRENGTH LIMITATIONS AT THE SERVICE ACADEMIES.
(a) United States Military Academy.--(1) The Secretary of
the Army shall take such action as necessary to ensure that the
United States Military Academy is in compliance with the USMA
cadet strength limit not later than the day before the last day
of the 2001-2002 academic year.
(2) The Secretary of the Army may provide for a variance to
the USMA cadet strength limit--
(A) as of the day before the last day of the 1999-
2000 academic year of not more than 5 percent; and
(B) as of the day before the last day of the 2000-
2001 academic year of not more than 2\1/2\ percent.
(3) For purposes of this subsection--
(A) the USMA cadet strength limit is the maximum of
4,000 cadets established for the Corps of Cadets at the
United States Military Academy by section 511 of the
National Defense Authorization Act for Fiscal Years
1992 and 1993 (Public Law 102-190; 10 U.S.C. 4342
note), reenacted in section 4342(a) of title 10, United
States Code, by the amendment made by subsection
(b)(1); and
(B) the last day of an academic year is graduation
day.
(b) Reenactment of Limitation; Authorized Variance.--(1)
Section 4342 of title 10, United States Code, is amended--
(A) in subsection (a), by striking ``is as
follows:'' in the matter preceding paragraph (1) and
inserting ``(determined for any year as of the day
before the last day of the academic year) is 4,000.
Subject to that limitation, cadets are selected as
follows:''; and
(B) by adding at the end the following new
subsection:
``(i) For purposes of the limitation in subsection (a)
establishing the aggregate authorized strength of the Corps of
Cadets, the Secretary of the Army may for any year (beginning
with the 2001-2002 academic year) permit a variance in that
limitation by not more than one percent. In applying that
limitation, and any such variance, the last day of an academic
year shall be considered to be graduation day.''.
(2) Section 6954 of such title is amended--
(A) by striking the matter preceding paragraph (1)
and inserting the following:
``(a) The authorized strength of the Brigade of Midshipmen
(determined for any year as of the day before the last day of
the academic year) is 4,000. Subject to that limitation,
midshipmen are selected as follows:''; and
(B) by adding at the end the following new
subsection:
``(g) For purposes of the limitation in subsection (a)
establishing the aggregate authorized strength of the Brigade
of Midshipmen, the Secretary of the Navy may for any year
permit a variance in that limitation by not more than one
percent. In applying that limitation, and any such variance,
the last day of an academic year shall be considered to be
graduation day.''.
(3) Section 9342 of such title is amended--
(A) in subsection (a), by striking ``is as
follows:'' in the matter preceding paragraph (1) and
inserting ``(determined for any year as of the day
before the last day of the academic year) is 4,000.
Subject to that limitation, Air Force Cadets are
selected as follows:''; and
(B) by adding at the end the following new
subsection:
``(i) For purposes of the limitation in subsection (a)
establishing the aggregate authorized strength of Air Force
Cadets, the Secretary of the Air Force may for any year permit
a variance in that limitation by not more than one percent. In
applying that limitation, and any such variance, the last day
of an academic year shall be considered to be graduation
day.''.
(4) Section 511 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190; 10 U.S.C.
4342 note) is repealed.
SEC. 532. SUPERINTENDENTS OF THE SERVICE ACADEMIES.
(a) Position of Superintendent Required To Be Terminal
Position.--(1)(A) Chapter 367 of title 10, United States Code,
is amended by inserting after section 3920 the following new
section:
``Sec. 3921. Mandatory retirement: Superintendent of the United States
Military Academy
``Upon the termination of the detail of an officer to the
position of Superintendent of the United States Military
Academy, the Secretary of the Army shall retire the officer
under any provision of this chapter under which that officer is
eligible to retire.''.
(B) Chapter 403 of such title is amended by inserting after
section 4333 the following new section:
``Sec. 4333a. Superintendent: condition for detail to position
``As a condition for detail to the position of
Superintendent of the Academy, an officer shall acknowledge
that upon termination of that detail the officer shall be
retired.''.
(2)(A) Chapter 573 of such title is amended by inserting
after the table of sections at the beginning of such chapter
the following new section:
``Sec. 6371. Mandatory retirement: Superintendent of the United States
Naval Academy
``Upon the termination of the detail of an officer to the
position of Superintendent of the United States Naval Academy,
the Secretary of the Navy shall retire the officer under any
provision of chapter 571 of this title under which the officer
is eligible to retire.''.
(B) Chapter 603 of such title is amended by inserting after
section 6951 the following new section:
``Sec. 6951a. Superintendent
``(a) There is a Superintendent of the United States Naval
Academy. The immediate governance of the Naval Academy is under
the Superintendent.
``(b) The Superintendent shall be detailed to that position
by the President. As a condition for detail to that position,
an officer shall acknowledge that upon termination of that
detail the officer shall be retired.''.
(3)(A) Chapter 867 of such title is amended by inserting
after section 8920 the following new section:
``Sec. 8921. Mandatory retirement: Superintendent of the United States
Air Force Academy
``Upon the termination of the detail of an officer to the
position of Superintendent of the United States Air Force
Academy, the Secretary of the Air Force shall retire the
officer under any provision of this chapter under which the
officer is eligible to retire.''.
(B) Chapter 903 of such title is amended by inserting after
section 9333 the following new section:
``Sec. 9333a. Superintendent: condition for detail to position
``As a condition for detail to the position of
Superintendent of the Academy, an officer shall acknowledge
that upon termination of that detail the officer shall be
retired.''.
(4)(A) The table of sections at the beginning of chapter
367 of title 10, United States Code, is amended by inserting
after the item relating to section 3920 the following new item:
``3921. Mandatory retirement: Superintendent of the United States
Military Academy.''.
(B) The table of sections at the beginning of chapter 403
of such title is amended by inserting after the item relating
to section 4333 the following new item:
``4333a. Superintendent: condition for detail to position.''.
(C) The table of sections at the beginning of chapter 573
of such title is amended by inserting before the item relating
to section 6383 the following new item:
``6371. Mandatory retirement: Superintendent of the United States Naval
Academy.''.
(D) The table of sections at the beginning of chapter 603
of such title is amended by inserting after the item relating
to section 6951 the following new item:
``6951a. Superintendent.''.
(E) The table of sections at the beginning of chapter 867
of such title is amended by inserting after the item relating
to section 8920 the following new item:
``8921. Mandatory retirement: Superintendent of the United States Air
Force Academy.''.
(F) The table of sections at the beginning of chapter 903
of such title is amended by inserting after the item relating
to section 9333 the following new item:
``9333a. Superintendent: condition for detail to position.''.
(5) The amendments made by this subsection shall not apply
to an officer serving on the date of the enactment of this Act
in the position of Superintendent of the United States Military
Academy, Superintendent of the United States Naval Academy, or
Superintendent of the United States Air Force Academy for so
long as that officer continues on and after that date to serve
in that position without a break in service.
(b) Exclusion From Certain General and Flag Officer Grade
Strength Limitations.--Section 525(b) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(7) An officer of the Army while serving as
Superintendent of the United States Military Academy, if
serving in the grade of lieutenant general, is in addition to
the number that would otherwise be permitted for the Army for
officers serving on active duty in grades above major general
under paragraph (1). An officer of the Navy or Marine Corps
while serving as Superintendent of the United States Naval
Academy, if serving in the grade of vice admiral or lieutenant
general, is in addition to the number that would otherwise be
permitted for the Navy or Marine Corps, respectively, for
officers serving on active duty in grades above major general
or rear admiral under paragraph (1) or (2). An officer while
serving as Superintendent of the United Air Force Academy, if
serving in the grade of lieutenant general, is in addition to
the number that would otherwise be permitted for the Air Force
for officers serving on active duty in grades above major
general under paragraph (1).''.
SEC. 533. DEAN OF ACADEMIC BOARD, UNITED STATES MILITARY ACADEMY AND
DEAN OF THE FACULTY, UNITED STATES AIR FORCE
ACADEMY.
(a) Dean of the Academic Board, USMA.--Section 4335 of
title 10, United States Code, is amended by adding at the end
the following new subsection:
``(c) While serving as Dean of the Academic Board, an
officer of the Army who holds a grade lower than brigadier
general shall hold the grade of brigadier general, if appointed
to that grade by the President, by and with the advice and
consent of the Senate. The retirement age of an officer so
appointed is that of a permanent professor of the Academy. An
officer so appointed is counted for purposes of the limitation
in section 526(a) of this title on general officers of the Army
on active duty.''.
(b) Dean of the Faculty, USAFA.--Section 9335 of title 10,
United States Code, is amended--
(1) by inserting ``(a)'' at the beginning of the
text of the section; and
(2) by adding at the end the following new
subsection:
``(b) While serving as Dean of the Faculty, an officer of
the Air Force who holds a grade lower than brigadier general
shall hold the grade of brigadier general, if appointed to that
grade by the President, by and with the advice and consent of
the Senate. The retirement age of an officer so appointed is
that of a permanent professor of the Academy. An officer so
appointed is counted for purposes of the limitation in section
526(a) of this title on general officers of the Air Force on
active duty.''.
SEC. 534. WAIVER OF REIMBURSEMENT OF EXPENSES FOR INSTRUCTION AT
SERVICE ACADEMIES OF PERSONS FROM FOREIGN
COUNTRIES.
(a) United States Military Academy.--Section 4344(b)(3) of
title 10, United States Code, is amended--
(1) by striking ``35 percent'' and inserting ``50
percent''; and
(2) by striking ``five persons'' and inserting ``20
persons''.
(b) Naval Academy.--Section 6957(b)(3) of such title is
amended--
(1) by striking ``35 percent'' and inserting ``50
percent''; and
(2) by striking ``five persons'' and inserting ``20
persons''.
(c) Air Force Academy.--Section 9344(b)(3) of such title is
amended--
(1) by striking ``35 percent'' and inserting ``50
percent''; and
(2) by striking ``five persons'' and inserting ``20
persons''.
(d) Effective Date.--The amendments made by this section
apply with respect to students from a foreign country entering
the United States Military Academy, the United States Naval
Academy, or the United States Air Force Academy on or after May
1, 1999.
(e) Conforming Repeal.--Section 301 of the 1999 Emergency
Supplemental Appropriations Act (Public Law 106-31; 113 Stat.
66) is repealed.
SEC. 535. EXPANSION OF FOREIGN EXCHANGE PROGRAMS OF THE SERVICE
ACADEMIES.
(a) United States Military Academy.--Section 4345 of title
10, United States Code, is amended--
(1) in subsection (b), by striking ``10 cadets''
and inserting ``24 cadets''; and
(2) in subsection (c)(3), by striking ``$50,000''
and inserting ``$120,000''.
(b) United States Naval Academy.--Section 6957a of such
title is amended--
(1) in subsection (b), by striking ``10
midshipmen'' and inserting ``24 midshipmen''; and
(2) in subsection (c)(3), by striking ``$50,000''
and inserting ``$120,000''.
(c) United States Air Force Academy.--Section 9345 of such
title is amended--
(1) in subsection (b), by striking ``10 Air Force
cadets'' and inserting ``24 Air Force cadets''; and
(2) in subsection (c)(3), by striking ``$50,000''
and inserting ``$120,000''.
Subtitle E--Education and Training
SEC. 541. ESTABLISHMENT OF A DEPARTMENT OF DEFENSE INTERNATIONAL
STUDENT PROGRAM AT THE SENIOR MILITARY COLLEGES.
(a) In General.--(1) Chapter 103 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2111b. Senior military colleges: Department of Defense
international student program
``(a) Program Requirement.--The Secretary of Defense shall
establish a program to facilitate the enrollment and
instruction of persons from foreign countries as international
students at the senior military colleges.
``(b) Purposes.--The purposes of the program shall be--
``(1) to provide a high-quality, cost-effective
military-based educational experience for international
students in furtherance of the military-to-military
program objectives of the Department of Defense; and
``(2) to enhance the educational experience and
preparation of future United States military leaders
through increased, extended interaction with highly
qualified potential foreign military leaders.
``(c) Coordination with the Senior Military Colleges.--
Guidelines for implementation of the program shall be developed
in coordination with the senior military colleges.
``(d) Recommendations for Admission of Students Under the
Program.--The Secretary of Defense shall annually identify to
the senior military colleges the international students who,
based on criteria established by the Secretary, the Secretary
recommends be considered for admission under the program. The
Secretary shall identify the recommended international students
to the senior military colleges as early as possible each year
to enable those colleges to consider them in a timely manner in
their respective admissions processes.
``(e) DOD Financial Support.--An international student who
is admitted to a senior military college under the program
under this section is responsible for the cost of instruction
at that college. The Secretary of Defense may, from funds
available to the Department of Defense other than funds
available for financial assistance under section 2107a of this
title, provide some or all of the costs of instruction for any
such student.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2111b. Senior military colleges: Department of Defense international
student program.''.
(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 CONFER GRADUATE-LEVEL
DEGREES.
(a) In General.--Subsection (a) of section 9317 of title
10, United States Code, is amended to read as follows:
``(a) Authority.--Upon the recommendation of the faculty of
the appropriate school of the Air University, the commander of
the Air University may confer--
``(1) the degree of master of strategic studies
upon graduates of the Air War College who fulfill the
requirements for that degree;
``(2) the degree of master of military operational
art and science upon graduates of the Air Command and
Staff College who fulfill the requirements for that
degree; and
``(3) the degree of master of airpower art and
science upon graduates of the School of Advanced
Airpower Studies who fulfill the requirements for that
degree.''.
(b) Clerical Amendments.--(1) The heading for that section
is amended to read:
``Sec. 9317. Air University: graduate-level degrees''.
(2) The item relating to that section in the table of
sections at the beginning of chapter 901 of such title is
amended to read as follows:
``9317. Air University: graduate-level degrees.''.
SEC. 544. RESERVE CREDIT FOR PARTICIPATION IN HEALTH PROFESSIONS
SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM.
Section 2126(b) of title 10, United States Code, is
amended--
(1) by striking paragraphs (2) and (3) and
inserting the following:
``(2) Service credited under paragraph (1) counts only for
the award of retirement points for computation of years of
service under section 12732 of this title and for computation
of retired pay under section 12733 of this title.
``(3) The number of points credited to a member under
paragraph (1) for a year of participation in a course of study
is 50. The points shall be credited to the member for one of
the years of that participation at the end of each year after
the completion of the course of study that the member serves in
the Selected Reserve and is credited under section 12732(a)(2)
of this title with at least 50 points. The points credited for
the participation shall be recorded in the member's records as
having been earned in the year of the participation in the
course of study.'';
(2) by redesignating paragraph (5) as paragraph
(6); and
(3) by inserting after paragraph (4) the following
new paragraph (5):
``(5) A member of the Selected Reserve may be considered to
be in an active status while pursuing a course of study under
this subchapter only for purposes of sections 12732(a) and
12733(3) of this title.''.
SEC. 545. PERMANENT AUTHORITY FOR ROTC SCHOLARSHIPS FOR GRADUATE
STUDENTS.
Section 2107(c)(2) of title 10, United States Code, is
amended to read as follows:
``(2) The Secretary of the military department concerned
may provide financial assistance, as described in paragraph
(1), to a student enrolled in an advanced education program
beyond the baccalaureate degree level if the student also is a
cadet or midshipman in an advanced training program. Not more
than 15 percent of the total number of scholarships awarded
under this section in any year may be awarded under this
paragraph.''.
SEC. 546. INCREASE IN MONTHLY SUBSISTENCE ALLOWANCE FOR SENIOR ROTC
CADETS SELECTED FOR ADVANCED TRAINING.
(a) Increase.--Section 209(a) of title 37, United States
Code, is amended by striking ``$150 a month'' and inserting
``$200 a month''.
(b) Effective 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. The
Secretary may submit the report more frequently and adjust the
period covered by the report accordingly.''.
(b) Clerical Amendment.--The item relating to such section
in the table of sections at the beginning of chapter 1606 of
such title is amended to read as follows:
``16137. Biennial report to Congress.''.
SEC. 549. RECODIFICATION AND CONSOLIDATION OF STATUTES DENYING FEDERAL
GRANTS AND CONTRACTS BY CERTAIN DEPARTMENTS AND
AGENCIES TO INSTITUTIONS OF HIGHER EDUCATION THAT
PROHIBIT SENIOR ROTC UNITS OR MILITARY RECRUITING
ON CAMPUS.
(a) Recodification and Consolidation for Limitations on
Federal Grants and Contracts.--(1) Section 983 of title 10,
United States Code, is amended to read as follows:
``Sec. 983. Institutions of higher education that prevent ROTC access
or military recruiting on campus: denial of grants
and contracts from Department of Defense,
Department of Education, and certain other
departments and agencies
``(a) Denial of Funds for Preventing ROTC Access to
Campus.--No funds described in subsection (d)(1) may be
provided by contract or by grant (including a grant of funds to
be available for student aid) to an institution of higher
education (including any subelement of such institution) if the
Secretary of Defense determines that that institution (or any
subelement of that institution) has a policy or practice
(regardless of when implemented) that either prohibits, or in
effect prevents--
``(1) the Secretary of a military department from
maintaining, establishing, or operating a unit of the
Senior Reserve Officer Training Corps (in accordance
with section 654 of this title and other applicable
Federal laws) at that institution (or any subelement of
that institution); or
``(2) a student at that institution (or any
subelement of that institution) from enrolling in a
unit of the Senior Reserve Officer Training Corps at
another institution of higher education.
``(b) Denial of Funds for Preventing Military Recruiting on
Campus.--No funds described in subsection (d)(2) may be
provided by contract or by grant (including a grant of funds to
be available for student aid) to an institution of higher
education (including any subelement of such institution) if the
Secretary of Defense determines that that institution (or any
subelement of that institution) has a policy or practice
(regardless of when implemented) that either prohibits, or in
effect prevents--
``(1) the Secretary of a military department or
Secretary of Transportation from gaining entry to
campuses, or access to students (who are 17 years of
age or older) on campuses, for purposes of military
recruiting; or
``(2) access by military recruiters for purposes of
military recruiting to the following information
pertaining to students (who are 17 years of age or
older) enrolled at that institution (or any subelement
of that institution):
``(A) Names, addresses, and telephone
listings.
``(B) Date and place of birth, levels of
education, academic majors, degrees received,
and the most recent educational institution
enrolled in by the student.
``(c) Exceptions.--The limitation established in subsection
(a) or (b) shall not apply to an institution of higher
education (or any subelement of that institution) if the
Secretary of Defense determines that--
``(1) the institution (and each subelement of that
institution) has ceased the policy or practice
described in that subsection; or
``(2) the institution of higher education involved
has a longstanding policy of pacifism based on
historical religious affiliation.
``(d) Covered Funds.--(1) The limitation established in
subsection (a) applies to the following:
``(A) Any funds made available for the Department
of Defense.
``(B) Any funds made available in a Departments of
Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act.
``(2) The limitation established in subsection (b) applies
to the following:
``(A) Funds described in paragraph (1).
``(B) Any funds made available for the Department
of Transportation.
``(e) Notice of Determinations.--Whenever the Secretary of
Defense makes a determination under subsection (a), (b), or
(c), the Secretary--
``(1) shall transmit a notice of the determination
to the Secretary of Education and to Congress; and
``(2) shall publish in the Federal Register a
notice of the determination and the effect of the
determination on the eligibility of the institution of
higher education (and any subelement of that
institution) for contracts and grants.
``(f) Semiannual Notice in Federal Register.--The Secretary
of Defense shall publish in the Federal Register once every six
months a list of each institution of higher education that is
currently ineligible for contracts and grants by reason of a
determination of the Secretary under subsection (a) or (b).''.
(2) The item relating to section 983 in the table of
sections at the beginning of such chapter is amended to read as
follows:
``983. Institutions of higher education that prevent ROTC access or
military recruiting on campus: denial of grants and contracts
from Department of Defense, Department of Education, and
certain other departments and agencies.''.
(b) Repeal of Codified Provisions.--The following
provisions of law are repealed:
(1) Section 558 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 10 U.S.C. 503 note).
(2) Section 514 of the Departments of Labor, Health
and Human Services, and Education, and Related Agencies
Appropriations Act, 1997 (as contained in section
101(e) of division A of Public Law 104-208; 110 Stat.
3009-270; 10 U.S.C. 503 note).
SEC. 550. ACCRUAL FUNDING FOR COAST GUARD MONTGOMERY GI BILL
LIABILITIES.
Section 2006 of title 10, United States Code, is amended as
follows:
(1) Subsection (a) is amended by striking
``Department of Defense education liabilities'' and
inserting ``armed forces education liabilities''.
(2) Paragraph (1) of subsection (b) is amended to
read as follows:
``(1) The term `armed forces education liabilities'
means liabilities of the armed forces for benefits
under chapter 30 of title 38 and for Department of
Defense benefits under chapter 1606 of this title.''.
(3) Subsection (b)(2)(C) is amended--
(A) by inserting ``Department of Defense''
after ``future''; and
(B) by striking ``chapter 106'' and
inserting ``chapter 1606''.
(4) Subsection (c)(1) is amended by inserting ``and
the Secretary of the Department in which the Coast
Guard is operating'' after ``Defense''.
(5) Subsection (d) is amended--
(A) by striking ``Department of Defense''
and inserting ``armed forces''; and
(B) by inserting ``the Secretary of the
Department in which the Coast Guard is
operating,'' after ``Secretary of Defense,''.
(6) Subsection (f)(5) is amended by inserting ``and
the Department in which the Coast Guard is operating''
after ``Department of Defense''.
(7) Subsection (g) is amended--
(A) by inserting ``and the Secretary of the
Department in which the Coast Guard is
operating'' in paragraphs (1) and (2) after
``The Secretary of Defense''; and
(B) by striking ``of a military
department'' in paragraph (3) and inserting
``concerned''.
Subtitle F--Reserve Component Management
SEC. 551. FINANCIAL ASSISTANCE PROGRAM FOR PURSUIT OF DEGREES BY
OFFICER CANDIDATES IN MARINE CORPS PLATOON LEADERS
CLASS PROGRAM.
(a) In General.--(1) Part IV of subtitle E of title 10,
United States Code, is amended by adding at the end the
following new chapter:
``CHAPTER 1611--OTHER EDUCATIONAL ASSISTANCE PROGRAMS
``Sec.
``16401. Marine Corps Platoon Leaders Class program: officer candidates
pursuing degrees.
``Sec. 16401. Marine Corps Platoon Leaders Class program: officer
candidates pursuing degrees
``(a) Authority for Financial Assistance Program.--The
Secretary of the Navy may provide financial assistance to an
eligible enlisted member of the Marine Corps Reserve for
expenses of the member while the member is pursuing on a full-
time basis at an institution of higher education a program of
education approved by the Secretary that leads to--
``(1) a baccalaureate degree in less than five
academic years; or
``(2) a doctor of jurisprudence or bachelor of laws
degree in not more than three academic years.
``(b) Eligibility.--(1) To be eligible for financial
assistance under this section, an enlisted member of the Marine
Corps Reserve must--
``(A) be an officer candidate in the Marine Corps
Platoon Leaders Class program and have successfully
completed one six-week (or longer) increment of
military training required under that program;
``(B) meet the applicable age requirement specified
in paragraph (2);
``(C) be enrolled on a full-time basis in a program
of education referred to in subsection (a) at any
institution of higher education; and
``(D) enter into a written agreement with the
Secretary described in paragraph (3).
``(2)(A) In the case of a member pursuing a baccalaureate
degree, the member meets the age requirements of this paragraph
if the member will be under 27 years of age on June 30 of the
calendar year in which the member is projected to be eligible
for appointment as a commissioned officer in the Marine Corps
through the Marine Corps Platoon Leaders Class program, except
that if the member has served on active duty, the member may,
on such date, be any age under 30 years that exceeds 27 years
by a number of months that is not more than the number of
months that the member served on active duty.
``(B) In the case of a member pursuing a doctor of
jurisprudence or bachelor of laws degree, the member meets the
age requirements of this paragraph if the member will be under
31 years of age on June 30 of the calendar year in which the
member is projected to be eligible for appointment as a
commissioned officer in the Marine Corps through the Marine
Corps Platoon Leaders Class program, except that if the member
has served on active duty, the member may, on such date, be any
age under 35 years that exceeds 31 years by a number of months
that is not more than the number of months that the member
served on active duty.
``(3) A written agreement referred to in paragraph (1)(D)
is an agreement between the member and the Secretary in which
the member agrees--
``(A) to accept an appointment as a commissioned
officer in the Marine Corps, if tendered by the
President;
``(B) to serve on active duty for at least five
years; and
``(C) under such terms and conditions as shall be
prescribed by the Secretary, to serve in the Marine
Corps Reserve until the eighth anniversary of the date
of the appointment.
``(c) Covered Expenses.--Expenses for which financial
assistance may be provided under this section are--
``(1) tuition and fees charged by the institution
of higher education involved;
``(2) the cost of books; and
``(3) in the case of a program of education leading
to a baccalaureate degree, laboratory expenses.
``(d) Amount.--The amount of financial assistance provided
to a member under this section shall be prescribed by the
Secretary, but may not exceed $5,200 for any academic year.
``(e) Limitations.--(1) Financial assistance may be
provided to a member under this section only for three
consecutive academic years.
``(2) Not more than 1,200 members may participate in the
financial assistance program under this section in any academic
year.
``(f) Failure To Complete Program.--(1) A member who
receives financial assistance under this section may be ordered
to active duty in the Marine Corps by the Secretary to serve in
an appropriate enlisted grade for such period as the Secretary
prescribes, but not for more than four years, if the member--
``(A) completes the military and academic
requirements of the Marine Corps Platoon Leaders Class
program and refuses to accept an appointment as a
commissioned officer in the Marine Corps when offered;
``(B) fails to complete the military or academic
requirements of the Marine Corps Platoon Leaders Class
program; or
``(C) is disenrolled from the Marine Corps Platoon
Leaders Class program for failure to maintain
eligibility for an original appointment as a
commissioned officer under section 532 of this title.
``(2) The Secretary of the Navy may waive the obligated
service under paragraph (1) of a person who is not physically
qualified for appointment under section 532 of this title and
later is determined by the Secretary of the Navy under section
505 of this title to be unqualified for service as an enlisted
member of the Marine Corps due to a physical or medical
condition that was not the result of misconduct or grossly
negligent conduct.
``(g) Institution of Higher Education Defined.--In this
section, the term `institution of higher education' has the
meaning given that term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).''.
(2) The tables of chapters at the beginning of subtitle E
of such title and at the beginning of part IV of such subtitle
are amended by adding after the item relating to chapter 1609
the following new item:
``1611. Other Educational Assistance Programs...................16401''.
(b) Conforming Amendment.--Section 3695(a)(5) of title 38,
United States Code, is amended by striking ``Chapters 106 and
107'' and inserting ``Chapters 107, 1606, and 1610''.
(c) Computation of Creditable Service.--Section 205 of
title 37, United States Code, is amended by adding at the end
the following new subsection:
``(f) Notwithstanding subsection (a), the periods of
service of a commissioned officer appointed under section 12209
of title 10 after receiving financial assistance under section
16401 of such title that are counted under this section may not
include a period of service after January 1, 2000, that the
officer performed concurrently as a member of the Marine Corps
Platoon Leaders Class program and the Marine Corps Reserve,
except that service after that date that the officer performed
before commissioning (concurrently with the period of service
as a member of the Marine Corps Platoon Leaders Class program)
as an enlisted member on active duty or as a member of the
Selected Reserve may be so counted.''.
(d) Transition Provision.--(1) An enlisted member of the
Marine Corps Reserve selected for training as an officer
candidate under section 12209 of title 10, United States Code,
before implementation of a financial assistance program under
section 16401 of such title (as added by subsection (a)) may,
upon application, participate in the financial assistance
program established under section 16401 of such title (as added
by subsection (a)) if the member--
(A) is eligible for financial assistance under such
section 16401;
(B) submits a request for the financial assistance
to the Secretary of the Navy not later than 180 days
after the date on which the Secretary establishes the
financial assistance program; and
(C) enters into a written agreement described in
subsection (b)(3) of such section.
(2) Section 205(f) of title 37, United States Code, as
added by subsection (c), applies to a member referred to in
paragraph (1).
SEC. 552. OPTIONS TO IMPROVE RECRUITING FOR THE ARMY RESERVE.
(a) Review.--The Secretary of the Army shall conduct a
review of the manner, process, and organization used by the
Army to recruit new members for the Army Reserve. The review
shall seek to determine the reasons for the continuing
inability of the Army to meet recruiting objectives for the
Army Reserve and to identify measures the Secretary could take
to correct that inability.
(b) Reorganization To Be Considered.--Among the possible
corrective measures to be examined by the Secretary of the Army
as part of the review shall be a transfer of the recruiting
function for the Army Reserve from the Army Recruiting Command
to a 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 Services of the House of
Representatives a report setting forth the results of the
review under this section. The report shall include a
description of any corrective measures the Secretary intends to
implement.
SEC. 553. JOINT DUTY ASSIGNMENTS FOR RESERVE COMPONENT GENERAL AND FLAG
OFFICERS.
Subsection (b) of section 526 of title 10, United States
Code, is amended--
(1) by redesignating paragraph (2) as paragraph
(3); and
(2) by inserting after paragraph (1) the following
new paragraph (2):
``(2)(A) The Chairman of the Joint Chiefs of Staff may
designate up to 10 general and flag officer positions on the
staffs of the commanders of the unified and specified combatant
commands as positions to be held only by reserve component
officers who are in a general or flag officer grade below
lieutenant general or vice admiral. Each position so designated
shall be considered to be a joint duty assignment position for
purposes of chapter 38 of this title.
``(B) A reserve component officer serving in a position
designated under subparagraph (A) while on active duty under a
call or order to active duty that does not specify a period of
180 days or less shall not be counted for the purposes of the
limitations under subsection (a) and under section 525 of this
title if the officer was selected for service in that position
in accordance with the procedures specified in subparagraph
(C).
``(C) Whenever a vacancy occurs, or is anticipated to
occur, in a position designated under subparagraph (A)--
``(i) the Secretary of Defense shall require the
Secretary of the Army to submit the name of at least
one Army reserve component officer, the Secretary of
the Navy to submit the name of at least one Naval
Reserve officer and the name of at least one Marine
Corps Reserve officer, and the Secretary of the Air
Force to submit the name of at least one Air Force
reserve component officer for consideration by the
Secretary for assignment to that position; and
``(ii) the Chairman of the Joint Chiefs of Staff
may submit to the Secretary of Defense the name of one
or more officers (in addition to the officers whose
names are submitted pursuant to clause (i)) for
consideration by the Secretary for assignment to that
position.
``(D) Whenever the Secretaries of the military departments
are required to submit the names of officers under subparagraph
(C)(i), the Chairman of the Joint Chiefs of Staff shall submit
to the Secretary of Defense the Chairman's evaluation of the
performance of each officer whose name is submitted under that
subparagraph (and of any officer whose name the Chairman
submits to the Secretary under subparagraph (C)(ii) for
consideration for the same vacancy).
``(E) Subparagraph (B) does not apply in the case of an
officer serving in a position designated under subparagraph (A)
if the Secretary of Defense, when considering officers for
assignment to fill the vacancy in that position which was
filled by that officer, did not have a recommendation for that
assignment from each Secretary of a military department who
(pursuant to subparagraph (C)) was required to make such a
recommendation.''.
SEC. 554. GRADE OF CHIEFS OF RESERVE COMPONENTS AND ADDITIONAL GENERAL
OFFICERS AT THE NATIONAL GUARD BUREAU.
(a) Procedures for Appointing Reserve Chiefs in Higher
Grade.--(1) Chapter 1213 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 12505. Selection of officers for certain senior reserve
component positions
``(a) Covered Positions.--(1) This section applies to the
positions specified in sections 3038, 5143, 5144, and 8038 and
the positions of Director, Army National Guard, and Director,
Air National Guard, specified in subparagraphs (A) and (B) of
section 10506(a)(1) of this title.
``(2) An officer may be assigned to one of the positions
specified in paragraph (1) for service in the grade of
lieutenant general or vice admiral if appointed to that grade
for service in that position by the President, by and with the
advice and consent of the Senate. An officer may be recommended
to the President for such an appointment if selected for
appointment to that position in accordance with this section.
``(b) Eligibility for Higher Grade.--An officer shall be
considered to have been selected for appointment to a position
specified in subsection (a) in accordance with this section
if--
``(1) the officer is recommended for that
appointment by the Secretary of the military department
concerned;
``(2) the officer is determined by the Chairman of
the Joint Chiefs of Staff, in accordance with criteria
and as a result of a process established by the
Chairman, to have significant joint duty experience;
and
``(3) the officer is recommended by the Secretary
of Defense to the President for appointment in
accordance with this section.
``(c) Counting for Purposes of Grade Limitations.--An
officer on active duty for service in a position specified in
subsection (a) who is serving in that position (by reason of
selection in accordance with this section) in the grade of
lieutenant general or vice admiral shall be counted for
purposes of the grade limitations under sections 525 and 526 of
this title. This subsection does not affect the counting for
those purposes of officers serving in those positions under any
other provision of law.
``(d) Transition Waiver Authority.--Until October 1, 2002,
the Secretary of Defense may waive paragraph (2) of subsection
(b) with respect to the appointment of an officer to a position
specified in subsection (a) if in the judgment of the
Secretary--
``(1) the officer is qualified for service in the
position; and
``(2) the waiver is necessary for the good of the
service.
Any such waiver shall be made on a case-by-case basis.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``12505. Selection of officers for certain senior reserve component
positions.''.
(b) Chief of Army Reserve.--Section 3038(c) of title 10,
United States Code, is amended by adding at the end the
following new sentence: ``However, if selected in accordance
with section 12505 of this title, he may be appointed in the
grade of lieutenant general.''.
(c) Chief of Naval Reserve.--Section 5143(c)(2) of such
title is amended--
(1) by striking ``above rear admiral (lower half)''
and inserting ``rear admiral''; and
(2) by adding at the end the following new
sentence: ``However, if selected in accordance with
section 12505 of this title, he may be appointed in the
grade of vice admiral.''.
(d) Commander, Marine Forces Reserve.--Section 5144(c)(2)
of such title is amended--
(1) by striking ``above brigadier general'' and
inserting ``major general''; and
(2) by adding at the end the following new
sentence: ``However, if selected in accordance with
section 12505 of this title, he may be appointed in the
grade of lieutenant general.''.
(e) Chief of Air Force Reserve.--Section 8038(c) of such
title is amended by adding at the end the following new
sentence: ``However, if selected in accordance with section
12505 of this title, he may be appointed in the grade of
lieutenant general.''.
(f) General Officers for the National Guard Bureau.--
Subparagraphs (A) and (B) of section 10506(a)(1) of such title
are each amended by inserting ``or, if appointed to that
position in accordance with section 12505(a)(2) of this title,
the grade of lieutenant general,'' after ``major general''.
(g) Effective Date.--The amendments made by this section
shall take effect 60 days after the date of the enactment of
this Act.
(h) Applicability to Incumbents.--(1) If an officer who is
a covered position incumbent is appointed under the amendments
made by this section to the grade of lieutenant general or vice
admiral, the term of service of that officer in that covered
position shall not be extended by reason of such appointment.
(2) For purposes of this subsection:
(A) The term ``covered position incumbent'' means a
reserve component officer who on the effective date
specified in subsection (g) is serving in a covered
position.
(B) The term ``covered position'' means a position
specified in section 12505 of title 10, United States
Code, as added by subsection (a).
SEC. 555. DUTIES OF RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
(a) Duties.--Section 12310 of title 10, United States Code,
is amended--
(1) by redesignating subsection (b) as subsection
(d) and transferring that subsection, as so
redesignated, to the end of the section; and
(2) by inserting after subsection (a) the following
new subsection (b):
``(b) Duties.--A Reserve on active duty as described in
subsection (a) may be assigned only duties in connection with
the functions described in that subsection, which may include
the following:
``(1) Supporting operations or missions assigned in
whole or in part to reserve components.
``(2) Supporting operations or missions performed
or to be performed by--
``(A) a unit composed of elements from more
than one component of the same armed force; or
``(B) a joint forces unit that includes--
``(i) one or more reserve component
units; or
``(ii) a member of a reserve
component whose reserve component
assignment is in a position in an
element of the joint forces unit.
``(3) Advising the Secretary of Defense, the
Secretaries of the military departments, the Joint
Chiefs of Staff, and the commanders of the unified
combatant command regarding reserve component
matters.''.
(b) Technical and Conforming Amendments.--Such section is
further amended--
(1) in subsection (a), by inserting ``Grade When
Ordered to Active Duty.--'' after ``(a)'';
(2) in subsection (c)(1), by striking ``(c)(1) A
Reserve'' and inserting ``(c) Duties Relating to
Defense Against Weapons of Mass Destruction.--(1)
Notwithstanding subsection (b), a Reserve''; and
(3) in subsection (d), as redesignated and
transferred by subsection (a)(1), by inserting
``Training.--'' before ``A Reserve''.
(c) Report on the Use of Reserves on Active Duty in Support
of the Reserves.--(1) The Secretary of Defense shall review how
the Reserves on active duty in support of the reserves are or
will be used in relation to the duties set forth under
subsection (b) of section 12310 of title 10, United States
Code, as added by subsection (a)(2).
(2) Not later than March 1, 2000, the Secretary shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the results of the
review under paragraph (1). The report shall include the
following:
(A) An itemization and description, shown by
operation or mission referred to in subsection (b) of
section 12310 of title 10, United States Code, as added
by subsection (a)(2), of the numbers of Reserves on
active duty involved in each of those operations and
missions.
(B) An assessment and recommendation as to whether
the Reserves on active duty in support of the reserves
should be managed as a separate personnel category in
which they compete only among themselves for promotion,
retention, school selection, command, and other
centrally selected personnel actions.
(C) An assessment and recommendation as to whether
those Reserves should be considered as being part of
their respective active component for purposes of
management of end strengths and whether funds for those
Reserves should be provided from appropriations for
active component military personnel (rather than
reserve component personnel).
(D) An assessment and recommendations for changes
in the existing officer and enlisted personnel systems
required as a result of the amendments to section 12310
of title 10, United States Code, made by subsection
(a), with such assessment to take a comprehensive life-
cycle approach to the careers of those Reserves and how
those careers should be managed, with special attention
to issues related to accession, promotion, professional
development, retention, separation and retirement.
SEC. 556. REPEAL OF LIMITATION ON NUMBER OF RESERVES ON FULL-TIME
ACTIVE DUTY IN SUPPORT OF PREPAREDNESS FOR
RESPONSES TO EMERGENCIES INVOLVING WEAPONS OF MASS
DESTRUCTION.
(a) Repeal.--Paragraph (4) of section 12310(c) of title 10,
United States Code, is amended by striking the first sentence.
(b) Conforming Amendments.--Paragraph (6) of such section
is amended--
(1) by striking ``or to increase the number of
personnel authorized by paragraph (4)'' in the matter
preceding subparagraph (A); and
(2) in subparagraph (A), by striking ``or for the
requested additional personnel'' and all that follows
through ``Federal levels''.
SEC. 557. ESTABLISHMENT OF OFFICE OF THE COAST GUARD RESERVE.
(a) Establishment.--Chapter 3 of title 14, United States
Code, is amended by adding at the end the following new
section:
``Sec. 53. Office of the Coast Guard Reserve; Director
``(a) Establishment of Office; Director.--There is in the
executive part of the Coast Guard an Office of the Coast Guard
Reserve. The head of the Office is the Director of the Coast
Guard Reserve. The Director of the Coast Guard Reserve is the
principal adviser to the Commandant on Coast Guard Reserve
matters and may have such additional functions as the
Commandant may direct.
``(b) Appointment.--The President, by and with the advice
and consent of the Senate, shall appoint the Director of the
Coast Guard Reserve, from officers of the Coast Guard who--
``(1) have had at least 10 years of commissioned
service;
``(2) are in a grade above captain; and
``(3) have been recommended by the Secretary of
Transportation.
``(c) Term.--(1) The Director of the Coast Guard Reserve
holds office for a term determined by the President, normally
two years, but not more than four years. An officer may be
removed from the position of Director for cause at any time.
``(2) The Director of the Coast Guard Reserve, while so
serving, holds a grade above Captain, without vacating the
officer's permanent grade.
``(d) Budget.--The Director of the Coast Guard Reserve is
the official within the executive part of the Coast Guard who,
subject to the authority, direction, and control of the
Secretary of Transportation and the Commandant, is responsible
for preparation, justification, and execution of the personnel,
operation and maintenance, and construction budgets for the
Coast Guard Reserve. As such, the Director of the Coast Guard
Reserve is the director and functional manager of
appropriations made for the Coast Guard Reserve in those areas.
``(e) Annual Report.--The Director of the Coast Guard
Reserve shall submit to the Secretary of Transportation and the
Secretary of Defense an annual report on the state of the Coast
Guard Reserve and the ability of the Coast Guard Reserve to
meet its missions. The report shall be prepared in conjunction
with the Commandant and may be submitted in classified and
unclassified versions.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 52 the following new item:
``53. Office of the Coast Guard Reserve; Director.''.
SEC. 558. REPORT ON USE OF NATIONAL GUARD FACILITIES AND INFRASTRUCTURE
FOR SUPPORT OF PROVISION OF SERVICES TO VETERANS.
(a) Report.--The Chief of the National Guard Bureau shall
submit to the Secretary of Defense a report, to be prepared in
consultation with the Secretary of Veterans Affairs, assessing
the feasibility and desirability of using the facilities and
electronic infrastructure of the National Guard for support of
the provision of services to veterans by the Secretary of
Veterans Affairs. The report shall include an assessment of any
costs and benefits associated with the use of those facilities
and that infrastructure for that purpose.
(b) Transmittal to Congress.--The Secretary of Defense
shall, not later than April 1, 2000, transmit to Congress the
report submitted to the Secretary under subsection (a),
together with any comments on the report consistent with the
requirements of section 18235 of title 10, United States Code,
that the Secretary considers appropriate.
Subtitle G--Decorations, Awards, and Commendations
SEC. 561. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN DECORATIONS
TO CERTAIN PERSONS.
(a) Waiver.--Any limitation established by law or policy
for the time within which a recommendation for the award of a
military decoration or award must be submitted shall not apply
to awards of decorations described in this section, the award
of each such decoration having been determined by the Secretary
concerned to be warranted in accordance with section 1130 of
title 10, United States Code.
(b) Distinguished Flying Cross.--Subsection (a) applies to
the award of the Distinguished Flying Cross for service during
World War II or Korea (including multiple awards to the same
individual) in the case of each individual concerning whom the
Secretary of the Navy (or an officer of the Navy acting on
behalf of the Secretary) submitted to the Committee on Armed
Services of the House of Representatives and the Committee on
Armed Services of the Senate, during the period beginning on
October 17, 1998, and ending on the day before the date of the
enactment of this Act, a notice as provided in section 1130(b)
of title 10, United States Code, that the award of the
Distinguished Flying Cross to that individual is warranted and
that a waiver of time restrictions prescribed by law for
recommendation for such award is recommended.
(c) Coast Guard Commendation Medal.--Subsection (a) applies
to the award of the Coast Guard Commendation Medal to Mark H.
Freeman, of Seattle, Washington for heroic achievement
performed in a manner above that normally to be expected during
rescue operations for the S.S. Seagate, in September 1956,
while serving as a member of the Coast Guard at Gray Harbor
Lifeboat Station, Westport, Washington.
SEC. 562. AUTHORITY FOR AWARD OF MEDAL OF HONOR TO ALFRED RASCON FOR
VALOR DURING THE VIETNAM CONFLICT.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 3744 of title 10, United
States Code, or any other time limitation with respect to the
awarding of certain medals to persons who served in the Army,
the President may award the Medal of Honor under section 3741
of that title to Alfred Rascon, of Laurel, Maryland, for the
acts of valor described in subsection (b).
(b) Action Described.--The acts of valor referred to in
subsection (a) are the actions of Alfred Rascon on March 16,
1966, as an Army medic, serving in the grade of Specialist Four
in the Republic of Vietnam with the Reconnaissance Platoon,
Headquarters Company, 1st Battalion, 503rd Infantry, 173rd
Airborne Brigade (Separate), during a combat operation known as
Silver City.
SEC. 563. ELIMINATION OF CURRENT BACKLOG OF REQUESTS FOR REPLACEMENT OF
MILITARY DECORATIONS.
(a) Elimination of Current Backlog.--The Secretary of
Defense shall eliminate the backlog (as of the date of the
enactment of this Act) of requests made to the Department of
Defense for the issuance or replacement of military decorations
for members or former members of the Armed Forces.
(b) Condition.--The Secretary shall allocate funds and
other resources in order to carry out subsection (a) in a
manner that does not detract from the performance of other
personnel service and personnel support activities within the
Department of Defense.
(c) Report.--Not later than 45 days after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report on the status of the elimination of the backlog
described in subsection (a). The report shall include a plan
for preventing accumulation of backlogs in the future.
(d) Decoration Defined.--For the purposes of this section,
the term ``decoration'' means a medal or other decoration that
a member or former member of the Armed Forces was awarded by
the United States with respect to service in the Armed Forces.
SEC. 564. RETROACTIVE AWARD OF NAVY COMBAT ACTION RIBBON.
The Secretary of the Navy may award the Navy Combat Action
Ribbon (established by Secretary of the Navy Notice 1650, dated
February 17, 1969) to a member of the Navy or Marine Corps for
participation in ground or surface combat during any period on
or after December 7, 1941, and before March 1, 1961 (the date
of the otherwise applicable limitation on retroactivity for the
award of such decoration), if the Secretary determines that the
member has not been previously recognized in an appropriate
manner for such participation.
SEC. 565. SENSE OF CONGRESS CONCERNING PRESIDENTIAL UNIT CITATION FOR
CREW OF THE U.S.S. INDIANAPOLIS.
(a) Findings.--Congress reaffirms the findings made in
section 1052(a) of the National Defense Authorization Act for
Fiscal Year 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.--(1) It is the sense of Congress
that the President should award a Presidential Unit Citation to
the crew of the U.S.S. INDIANAPOLIS (CA-35) in recognition of
the courage and skill displayed by the members of the crew of
that vessel throughout World War II.
(2) A citation described in paragraph (1) may be awarded
without regard to any provision of law or regulation
prescribing a time limitation that is otherwise applicable with
respect to recommendation for, or the award of, such a
citation.
Subtitle H--Matters Related to Recruiting
SEC. 571. ACCESS TO SECONDARY SCHOOL STUDENTS FOR MILITARY RECRUITING
PURPOSES.
Section 503 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(c) Each local educational agency is requested to provide
to the Department of Defense, upon a request made for military
recruiting purposes, the same access to secondary school
students, and to directory information concerning such
students, as is provided generally to post-secondary
educational institutions or to prospective employers of those
students.''.
SEC. 572. INCREASED AUTHORITY TO EXTEND DELAYED ENTRY PERIOD FOR
ENLISTMENTS OF PERSONS WITH NO PRIOR MILITARY
SERVICE.
(a) Maximum Period of Extension.--Section 513(b)(1) of
title 10, United States Code, is amended by striking ``180
days'' in the second sentence and inserting ``365 days''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 1999, and shall apply with
respect to enlistments entered into on or after that date.
SEC. 573. ARMY COLLEGE FIRST PILOT PROGRAM.
(a) Program Required.--The Secretary of the Army shall
establish a pilot program (to be known as the ``Army College
First'' program) to assess whether the Army could increase the
number of, and the level of the qualifications of, persons
entering the Army as enlisted members by encouraging recruits
to pursue higher education or vocational or technical training
before entry into active service in the Army.
(b) Delayed Entry With Allowance for Higher Education.--
Under the pilot program, the Secretary may exercise the
authority under section 513 of title 10, United States Code--
(1) to accept the enlistment of a person as a
Reserve for service in the Selected Reserve or
Individual Ready Reserve of the Army Reserve or,
notwithstanding the scope of the authority under
subsection (a) of that section, in the Army National
Guard of the United States;
(2) to authorize, notwithstanding the period
limitation in subsection (b) of that section, a delay
of the enlistment of any such person in a regular
component under that subsection for the period during
which the person is enrolled in, and pursuing a program
of education at, an institution of higher education, or
a program of vocational or technical training, on a
full-time basis that is to be completed within two
years after the date of such enlistment as a Reserve
under paragraph (1); and
(3) in the case of a person enlisted in a reserve
component for service in the Individual Ready Reserve,
pay an allowance to the person for each month of that
period.
(c) Maximum Period of Delay.--The period of delay
authorized a person under paragraph (2) of subsection (b) may
not exceed the two-year period beginning on the date of the
person's enlistment accepted under paragraph (1) of such
subsection.
(d) Amount of Allowance.--(1) The monthly allowance paid
under subsection (b)(3) is $150. The allowance may not be paid
for more than 24 months.
(2) An allowance under this section is in addition to any
other pay or allowance to which a member of a reserve component
is entitled by reason of participation in the Ready Reserve of
that component.
(e) Comparison Group.--To perform the assessment under
subsection (a), the Secretary may define and study any group
not including persons receiving a benefit under subsection (b)
and compare that group with any group or groups of persons who
receive such benefits under the pilot program.
(f) Duration of Pilot Program.--The pilot program shall be
in effect during the period beginning on October 1, 1999, and
ending on September 30, 2004.
(g) Report.--Not later than February 1, 2004, the Secretary
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the pilot program.
The report shall include the following:
(1) The assessment of the Secretary regarding the
value of the authority under this section for achieving
the objectives of increasing the number of, and the
level of the qualifications of, persons entering the
Army as enlisted members.
(2) Any recommendation for legislation or other
action that the Secretary considers appropriate to
achieve those objectives through grants of entry delays
and financial benefits for advanced education and
training of recruits.
SEC. 574. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS PURPOSES.
(a) Authority.--Subchapter II of chapter 134 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2257. Use of recruiting materials for public relations
``The Secretary of Defense may use for public relations
purposes of the Department of Defense any advertising materials
developed for use for recruitment and retention of personnel
for the armed forces. Any such use shall be under such
conditions and subject to such restrictions as the Secretary of
Defense shall prescribe.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``2257. Use of recruiting materials for public relations.''.
Subtitle I--Matters Relating to Missing Persons
SEC. 575. NONDISCLOSURE OF DEBRIEFING INFORMATION ON CERTAIN MISSING
PERSONS PREVIOUSLY RETURNED TO UNITED STATES
CONTROL.
Section 1506 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(f) Nondisclosure of Certain Information.--A record of
the content of a debriefing of a missing person returned to
United States control during the period beginning on July 8,
1959, and ending on February 10, 1996, that was conducted by an
official of the United States authorized to conduct the
debriefing is privileged information and, notwithstanding
sections 552 and 552a of title 5, may not be disclosed, in
whole or in part, under either such section. However, this
subsection does not limit the responsibility of the Secretary
concerned under paragraphs (2) and (3) of subsection (d) to
place extracts of non-derogatory information, or a notice of
the existence of such information, in the personnel file of a
missing person.''.
SEC. 576. RECOVERY AND IDENTIFICATION OF REMAINS OF CERTAIN WORLD WAR
II SERVICEMEN LOST IN PACIFIC THEATER OF
OPERATIONS.
(a) Recovery of Remains.--(1) The Secretary of Defense
shall make every reasonable effort to search for, recover, and
identify the remains of United States servicemen lost in the
Pacific theater of operations during World War II (including in
New Guinea) while engaged in flight operations.
(2) In order to provide high priority to carrying out
paragraph (1), the Secretary of Defense shall consider
increasing the number of personnel assigned to the Central
Identification Laboratory, Hawaii.
(3) Not later than September 30, 2000, the Secretary shall
submit to Congress a report setting forth the efforts made to
accomplish the objectives specified in paragraph (1). The
Secretary shall include in the report a statement of the
backlog of cases at the Central Identification Laboratory,
Hawaii, shown by conflict, and the status of the joint manning
plan required by section 566(c) of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-
261; 112 Stat. 2029)
(b) Diplomatic Intervention if Required.--The Secretary of
State, upon request by the Secretary of Defense, shall work
with officials of governments of nations in the area that was
covered by the Pacific theater of operations of World War II to
seek to overcome any diplomatic obstacles that may impede the
Secretary of Defense from carrying out the objectives specified
in subsection (a)(1).
Subtitle J--Other Matters
SEC. 577. AUTHORITY FOR SPECIAL COURTS-MARTIAL TO IMPOSE SENTENCES TO
CONFINEMENT AND FORFEITURES OF PAY OF UP TO ONE
YEAR.
(a) Maximum Punishments That May Be Adjudged by a Special
Court-Martial.--Section 819 of title 10, United States Code
(article 19 of the Uniform Code of Military Justice), is
amended--
(1) in the second sentence, by striking ``six
months'' both places it appears and inserting ``one
year''; and
(2) in the third sentence, by inserting after ``A
bad conduct discharge'' the following: ``, confinement
for more than six months, or forfeiture of pay for more
than six months''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the first day of the sixth month beginning
after the date of the enactment of this Act and shall apply
with respect to charges referred on or after that effective
date to trial by special courts-martial.
SEC. 578. FUNERAL HONORS DETAILS FOR FUNERALS OF VETERANS.
(a) Responsibility of Secretary of Defense.--(1) Subsection
(a) of section 1491 of title 10, United States Code, is amended
to read as follows:
``(a) Availability of Funeral Honors Detail Ensured.--The
Secretary of Defense shall ensure that, upon request, a funeral
honors detail is provided for the funeral of any veteran.''.
(2) Section 1491(a) of title 10, United States Code, as
amended by paragraph (1), shall apply with respect to funerals
that occur after December 31, 1999.
(b) Composition of Funeral Honors Details.--(1) Subsection
(b) of such section is amended--
(A) by striking ``Honor Guard Details.--'' and
inserting ``Funeral Honors Details.--(1)'';
(B) by striking ``an honor guard detail'' and
inserting ``a funeral honors detail''; and
(C) by striking ``not less than three persons'' and
all that follows and inserting ``two or more
persons.''.
(2) Subsection (c) of such section is amended--
(A) by striking ``(c) Persons Forming Honor
Guards.--An honor guard detail'' and inserting ``(2) At
least two members of the funeral honors detail for a
veteran's funeral shall be members of the armed forces,
at least one of whom shall be a member of the armed
force of which the veteran was a member. The remainder
of the detail''; and
(B) by striking the second sentence and inserting
the following: ``Each member of the armed forces in the
detail shall wear the uniform of the member's armed
force while serving in the detail.''.
(c) Ceremony, Support, and Waiver.--Such section is further
amended--
(1) by redesignating subsections (d), (e), and (f)
as subsections (f), (g), and (h), respectively; and
(2) by inserting after subsection (b) the following
new subsections:
``(c) Ceremony.--A funeral honors detail shall, at a
minimum, perform at the funeral a ceremony that includes the
folding of a United States flag and presentation of the flag to
the veteran's family and the playing of Taps. Unless a bugler
is a member of the detail, the funeral honors detail shall play
a recorded version of Taps using audio equipment which the
detail shall provide if adequate audio equipment is not
otherwise available for use at the funeral.
``(d) Support.--To provide a funeral honors detail under
this section, the Secretary of a military department may
provide the following:
``(1) Transportation, or reimbursement for
transportation, and expenses for a person who
participates in the funeral honors detail and is not a
member of the armed forces or an employee of the United
States.
``(2) Materiel, equipment, and training for members
of a veterans organization or other organization
referred to in subsection (b)(2).
``(e) Waiver Authority.--(1) The Secretary of Defense may
waive any requirement provided in or pursuant to this section
when the Secretary considers it necessary to do so to meet the
requirements of war, national emergency, or a contingency
operation or other military requirements. The authority to make
such a waiver may not be delegated to an official of a military
department other than the Secretary of the military department
and may not be delegated within the Office of the Secretary of
Defense to an official at a level below Under Secretary of
Defense.
``(2) Before or promptly after granting a waiver under
paragraph (1), the Secretary shall transmit a notification of
the waiver to the Committees on Armed Services of the Senate
and House of Representatives.''.
(d) Regulations.--Subsection (f) of such section, as
redesignated by subsection (d)(1), is amended to read as
follows:
``(f) Regulations.--The Secretary of Defense shall
prescribe regulations to carry out this section. Those
regulations shall include the following:
``(1) A system for selection of units of the armed
forces and other organizations to provide funeral
honors details.
``(2) Procedures for responding and coordinating
responses to requests for funeral honors details.
``(3) Procedures for establishing standards and
protocol.
``(4) Procedures for providing training and
ensuring quality of performance.''.
(e) Inclusion of Certain Members of the Selected Reserve in
Persons Eligible for Funeral Honors.--Subsection (h) of such
section, as redesignated by subsection (d)(1), is amended to
read as follows:
``(h) Veteran Defined.--In this section, the term `veteran'
means a decedent who--
``(1) served in the active military, naval, or air
service (as defined in section 101(24) of title 38) and
who was discharged or released therefrom under
conditions other than dishonorable; or
``(2) was a member or former member of the Selected
Reserve described in section 2301(f) of title 38.''.
(f) Authority To Accept Voluntary Services.--Section
1588(a) of such title is amended by adding at the end the
following new paragraph:
``(4) Voluntary services as a member of a funeral
honors detail under section 1491 of this title.''.
(g) Duty Status of Reserves in Funeral Honors Details.--(1)
Section 114 of title 32, United States Code, is amended--
(A) by striking ``honor guard functions'' both
places it appears and inserting ``funeral honors
functions''; and
(B) by striking ``drill or training otherwise
required'' and inserting ``drill or training, but may
be performed as funeral honors duty under section 115
of this title''.
(2) Chapter 1 of such title is amended by adding at the end
the following new section:
``Sec. 115. Funeral honors duty performed as a Federal function
``(a) Order to Duty.--A member of the Army National Guard
of the United States or the Air National Guard of the United
States may be ordered to funeral honors duty, with the consent
of the member, to prepare for or perform funeral honors
functions at the funeral of a veteran under section 1491 of
title 10. However, a member of the Army National Guard of the
United States or the Air National Guard of the United States
may not be ordered to perform funeral honors functions under
this section without the consent of the Governor or other
appropriate authority of the State concerned.
``(b) Service Credit.--A member ordered to funeral honors
duty under this section shall be required to perform a minimum
of two hours of such duty in order to receive--
``(1) service credit under section 12732(a)(2)(E)
of title 10; and
``(2) if authorized by the Secretary concerned, the
allowance under section 435 of title 37.
``(c) Reimbursable Expenses.--A member who performs funeral
honors duty under this section may be reimbursed for travel and
transportation expenses incurred in conjunction with such duty
as authorized under chapter 7 of title 37 if such duty is
performed at a location 50 miles or more from the member's
residence.
``(d) Regulations.--The exercise of authority under
subsection (a) is subject to regulations prescribed by the
Secretary of Defense.''.
(3) Chapter 1213 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 12503. Ready Reserve: funeral honors duty
``(a) Order to Duty.--A member of the Ready Reserve may be
ordered to funeral honors duty, with the consent of the member,
in preparation for or to perform funeral honors functions at
the funeral of a veteran as defined in section 1491 of this
title.
``(b) Service Credit.--A member ordered to funeral honors
duty under this section shall be required to perform a minimum
of two hours of such duty in order to receive--
``(1) service credit under section 12732(a)(2)(E)
of this title; and
``(2) if authorized by the Secretary concerned, the
allowance under section 435 of title 37.
``(c) Reimbursable Expenses.--A member who performs funeral
honors duty under this section may be reimbursed for travel and
transportation expenses incurred in conjunction with such duty
as authorized under chapter 7 of title 37 if such duty is
performed at a location 50 miles or more from the member's
residence.
``(d) Regulations.--The exercise of authority under
subsection (a) is subject to regulations prescribed by the
Secretary of Defense.
``(e) Members of the National Guard.--This section does not
apply to members of the Army National Guard of the United
States or the Air National Guard of the United States. The
performance of funeral honors duty by those members is provided
for in section 115 of title 32.''.
(4) Section 12552 of title 10, United States Code, is
amended to read as follows:
``Sec. 12552. Funeral honors functions at funerals for veterans
``Performance by a Reserve of funeral honors functions at
the funeral of a veteran (as defined in section 1491(h) of this
title) may not be considered to be a period of drill or
training, but may be performed as funeral honors duty under
section 12503 of this title''.
(h) Crediting for Reserve Retirement Purposes.--(1) Section
12732(a)(2) of such title is amended--
(A) by inserting after subparagraph (D) the
following new subparagraph:
``(E) One point for each day on which
funeral honors duty is performed for at least
two hours under section 12503 of this title or
section 115 of title 32, unless the duty is
performed while in a status for which credit is
provided under another subparagraph of this
paragraph.''; and
(B) by striking ``, and (D)'' in the last sentence
and inserting ``, (D), and (E)''.
(2) Section 12733 of such title is amended--
(A) by redesignating paragraph (4) as paragraph
(5); and
(B) by inserting after paragraph (3) the following
new paragraph (4):
``(4) One day for each point credited to the person
under subparagraph (E) of section 12732(a)(2) of this
title.''.
(i) Benefits for Members in Funeral Honors Duty Status.--
(1) Section 1074a(a) of such title is amended--
(A) in each of paragraphs (1) and (2)--
(i) by striking ``or'' at the end of
subparagraph (A);
(ii) by striking the period at the end of
subparagraph (B) and inserting ``; or''; and
(iii) by adding at the end the following:
``(C) service on funeral honors duty under
section 12503 of this title or section 115 of
title 32.''; and
(B) by adding at the end the following new
paragraph:
``(4) Each member of the armed forces who incurs or
aggravates an injury, illness, or disease in the line
of duty while remaining overnight immediately before
serving on funeral honors duty under section 12503 of
this title or section 115 of title 32 at or in the
vicinity of the place at which the member was to so
serve, if the place is outside reasonable commuting
distance from the member's residence.''.
(2) Section 1076(a)(2) of such title is amended by adding
at the end the following new subparagraph:
``(E) A member who died from an injury, illness, or
disease incurred or aggravated while the member--
``(i) was serving on funeral honors duty
under section 12503 of this title or section
115 of title 32;
``(ii) was traveling to or from the place
at which the member was to so serve; or
``(iii) remained overnight at or in the
vicinity of that place immediately before so
serving, if the place is outside reasonable
commuting distance from the member's
residence.''.
(3) Section 1204(2) of such title is amended--
(A) by striking ``or'' at the end of subparagraph
(A);
(B) by inserting ``or'' after the semicolon at the
end of subparagraph (B); and
(C) by adding at the end the following new
subparagraph:
``(C) is a result of an injury, illness, or
disease incurred or aggravated in line of
duty--
``(i) while the member was serving
on funeral honors duty under section
12503 of this title or section 115 of
title 32;
``(ii) while the member was
traveling to or from the place at which
the member was to so serve; or
``(iii) while the member remained
overnight at or in the vicinity of that
place immediately before so serving, if
the place is outside reasonable
commuting distance from the member's
residence;''.
(4) Paragraph (2) of section 1206 of such title is amended
to read as follows:
``(2) the disability is a result of an injury,
illness, or disease incurred or aggravated in line of
duty--
``(A) while--
``(i) performing active duty or
inactive-duty training;
``(ii) traveling directly to or
from the place at which such duty is
performed; or
``(iii) remaining overnight
immediately before the commencement of
inactive-duty training, or while
remaining overnight between successive
periods of inactive-duty training, at
or in the vicinity of the site of the
inactive-duty training, if the site is
outside reasonable commuting distance
of the member's residence; or
``(B) while the member--
``(i) was serving on funeral honors
duty under section 12503 of this title
or section 115 of title 32;
``(ii) was traveling to or from the
place at which the member was to so
serve; or
``(iii) remained overnight at or in
the vicinity of that place immediately
before so serving, if the place is
outside reasonable commuting distance
from the member's residence;''.
(5) Section 1481(a)(2) of such title is amended--
(A) by striking ``or'' at the end of subparagraph
(D);
(B) by striking the period at the end of
subparagraph (E) and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(F) either--
``(i) serving on funeral honors
duty under section 12503 of this title
or section 115 of title 32;
``(ii) traveling directly to or
from the place at which the members is
to so serve; or
``(iii) remaining overnight at or
in the vicinity of that place before so
serving, if the place is outside
reasonable commuting distance from the
member's residence.''.
(j) Funeral Honors Duty Allowance.--Chapter 4 of title 37,
United States Code, is amended by adding at the end the
following new section:
``Sec. 435. Funeral honors duty: allowance
``(a) Allowance Authorized.--The Secretary concerned may
authorize payment of an allowance to a member of the Ready
Reserve for any day on which the member performs at least two
hours of funeral honors duty pursuant to section 12503 of title
10 or section 115 of title 32.
``(b) Amount.--The daily rate of an allowance under this
section is $50.
``(c) Full Compensation.--Except for expenses reimbursed
under subsection (c) of section 12503 of title 10 or subsection
(c) of section 115 of title 32, the allowance paid under this
section is the only monetary compensation authorized to be paid
a member for the performance of funeral honors duty pursuant to
such section, regardless of the grade in which the member is
serving, and shall constitute payment in full to the member.''.
(k) Clerical Amendments.--(1) The heading for section 1491
of title 10, United States Code, is amended to read as follows:
``Sec. 1491. Funeral honors functions at funerals for veterans''.
(2)(A) The item relating to section 1491 in the table of
sections at the beginning of chapter 75 of title 10, United
States Code, is amended to read as follows:
``1491. Funeral honors functions at funerals for veterans.''.
(B) The table of sections at the beginning of chapter 1213
of such title is amended by adding at the end the following new
item:
``12503. Ready Reserve: funeral honors duty.''.
(C) The item relating to section 12552 in the table of
sections at the beginning of chapter 1215 of such title is
amended to read as follows:
``12552. Funeral honors functions at funerals for veterans.''.
(3)(A) The heading for section 114 of title 32, United
States Code, is amended to read as follows:
``Sec. 114. Funeral honors functions at funerals for veterans''.
(B) The table of sections at the beginning of chapter 1 of
such title is amended by striking the item relating to section
114 and inserting the following new items:
``114. Funeral honors functions at funerals for veterans.
``115. Funeral honors duty performed as a Federal function.''.
(4) The table of sections at the beginning of chapter 4 of
title 37, United States Code, is amended by adding at the end
the following new item:
``435. Funeral honors duty: allowance.''.
SEC. 579. PURPOSE AND FUNDING LIMITATIONS FOR NATIONAL GUARD CHALLENGE
PROGRAM.
(a) Program Authority and Purpose.--Subsection (a) of
section 509 of title 32, United States Code, is amended to read
as follows:
``(a) Program Authority and Purpose.--The Secretary of
Defense, acting through the Chief of the National Guard Bureau,
may use the National Guard to conduct a civilian youth
opportunities program, to be known as the `National Guard
Challenge Program', which shall consist of at least a 22-week
residential program and a 12-month post-residential mentoring
period. The National Guard Challenge Program shall seek to
improve life skills and employment potential of participants by
providing military-based training and supervised work
experience, together with the core program components of
assisting participants to receive a high school diploma or its
equivalent, leadership development, promoting fellowship and
community service, developing life coping skills and job
skills, and improving physical fitness and health and
hygiene.''.
(b) Annual Funding Limitation.--Subsection (b) of such
section is amended by striking ``$50,000,000'' and inserting
``$62,500,000''.
SEC. 580. DEPARTMENT OF DEFENSE STARBASE PROGRAM.
(a) Program Authority.--Chapter 111 of title 10, United
States Code, is amended by inserting after section 2193 the
following new section:
``Sec. 2193b. Improvement of education in technical fields: program for
support of elementary and secondary education in
science, mathematics, and technology
``(a) Authority for Program.--The Secretary of Defense may
conduct a science, mathematics, and technology education
improvement program known as the `Department of Defense
STARBASE Program'. The Secretary shall carry out the program in
coordination with the Secretaries of the military departments.
``(b) Purpose.--The purpose of the program is to improve
knowledge and skills of students in kindergarten through
twelfth grade in mathematics, science, and technology.
``(c) STARBASE Academies.--(1) The Secretary shall provide
for the establishment of at least 25 academies under the
program.
``(2) The Secretary of Defense shall establish guidelines,
criteria, and a process for the establishment of STARBASE
programs in addition to those in operation on the date of the
enactment of this section.
``(3) The Secretary may support the establishment and
operation of any academy in excess of two academies in a State
only if the Secretary has first authorized in writing the
establishment of the academy and the costs of the establishment
and operation of the academy are paid out of funds provided by
sources other than the Department of Defense. Any such costs
that are paid out of appropriated funds shall be considered as
paid out of funds provided by such other sources if such
sources fully reimburse the United States for the costs.
``(d) Persons Eligible To Participate in Program.--The
Secretary shall prescribe standards and procedures for
selection of persons for participation in the program.
``(e) Regulations.--The Secretary of Defense shall
prescribe regulations governing the conduct of the program.
``(f) Authority to Accept Financial and Other Support.--The
Secretary of Defense and the Secretaries of the military
departments may accept financial and other support for the
program from other departments and agencies of the Federal
Government, State governments, local governments, and not-for-
profit and other organizations in the private sector.
``(g) Annual Report.--Not later than 90 days after the end
of each fiscal year, the Secretary of Defense shall submit to
Congress a report on the program under this section. The report
shall contain a discussion of the design and conduct of the
program and an evaluation of the effectiveness of the program.
``(h) State Defined.--In this section, the term `State'
includes the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, and Guam.''.
(b) Existing STARBASE Academies.--While continuing in
operation, the academies existing on the date of the enactment
of this Act under the Department of Defense STARBASE Program,
as such program is in effect on such date, shall be counted for
the purpose of meeting the requirement under section
2193b(c)(1) of title 10, United States Code (as added by
subsection (a)), relating to the minimum number of STARBASE
academies.
(c) Reorganization of Chapter.--Chapter 111 of title 10,
United States Code, as amended by subsection (a), is further
amended--
(1) by inserting after section 2193 and before the
section 2193b added by subsection (a) the following:
``Sec. 2193a. Improvement of education in technical fields: general
authority for support of elementary and secondary
education in science and mathematics'';
(2) by transferring subsection (b) of section 2193
to section 2193a (as added by paragraph (1)), inserting
such subsection after the heading for section 2193a,
and striking out ``(b)''; and
(3) by redesignating subsection (c) of section 2193
as subsection (b).
(d) Clerical Amendments.--(1) The heading for section 2192
of such title is amended to read as follows:
``Sec. 2192. Improvement of education in technical fields: general
authority regarding education in science,
mathematics, and engineering''.
(2) The heading for section 2193 is amended to read as
follows:
``Sec. 2193. Improvement of education in technical fields: grants for
higher education in science and mathematics''.
(3) The table of sections at the beginning of such chapter
is amended by striking the items relating to sections 2192 and
2193 and inserting the following:
``2192. Improvement of education in technical fields: general authority
regarding education in science, mathematics, and engineering.
``2193. Improvement of education in technical fields: grants for higher
education in science and mathematics.
``2193a. Improvement of education in technical fields: general authority
for support of elementary and secondary education in science
and mathematics.
``2193b. Improvement of education in technical fields: program for
support of elementary and secondary education in science,
mathematics, and technology.''.
SEC. 581. SURVEY OF MEMBERS LEAVING MILITARY SERVICE ON ATTITUDES
TOWARD MILITARY SERVICE.
(a) Exit Survey.--The Secretary of Defense shall develop
and implement, as part of outprocessing activities, a survey on
attitudes toward military service to be completed by all
members of the Armed Forces who during the period beginning on
January 1, 2000, and ending on June 30, 2000, are voluntarily
discharged or separated from the Armed Forces or transfer from
a regular component to a reserve component.
(b) Matters To Be Covered.--The survey shall, at a minimum,
cover the following subjects:
(1) Reasons for leaving military service.
(2) Command climate.
(3) Attitude toward leadership.
(4) Attitude toward pay and benefits.
(5) Job satisfaction during service as a member of
the Armed Forces.
(6) Plans for activities after separation (such as
enrollment in school, use of Montgomery GI Bill
benefits, and work).
(7) Affiliation with a reserve component, together
with the reasons for affiliating or not affiliating, as
the case may be.
(8) 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. 582. SERVICE REVIEW AGENCIES COVERED BY PROFESSIONAL STAFFING
REQUIREMENT.
Section 1555(c)(2) of title 10, United States Code, is
amended by inserting ``the Navy Council of Personnel Boards
and'' after ``Department of the Navy,''.
SEC. 583. PARTICIPATION OF MEMBERS IN MANAGEMENT OF ORGANIZATIONS
ABROAD THAT PROMOTE INTERNATIONAL UNDERSTANDING.
Section 1033(b)(3) of title 10, United States Code, is
amended by inserting after subparagraph (D) the following new
subparagraph:
``(E) An entity that, operating in a foreign nation
where United States military personnel are serving at
United States military activities, promotes
understanding and tolerance between such personnel (and
their families) and the citizens of that host foreign
nation through programs that foster social relations
between those persons.''.
SEC. 584. SUPPORT FOR EXPANDED CHILD CARE SERVICES AND YOUTH PROGRAM
SERVICES FOR DEPENDENTS.
(a) Authority.--(1) Subchapter II of chapter 88 of title
10, United States Code, is amended--
(A) by redesignating section 1798 as section 1800;
and
(B) by inserting after section 1797 the following
new sections:
``Sec. 1798. Child care services and youth program services for
dependents: financial assistance for providers
``(a) Authority.--The Secretary of Defense may provide
financial assistance to an eligible civilian provider of child
care services or youth program services that furnishes such
services for members of the armed forces and employees of the
United States if the Secretary determines that providing such
financial assistance--
``(1) is in the best interest of the Department of
Defense;
``(2) enables supplementation or expansion of
furnishing of child care services or youth program
services for military installations, while not
supplanting or replacing such services; and
``(3) ensures that the eligible provider is able to
comply, and does comply, with the regulations,
policies, and standards of the Department of Defense
that are applicable to the furnishing of such services.
``(b) Eligible Providers.--A provider of child care
services or youth program services is eligible for financial
assistance under this section if the provider--
``(1) is licensed to provide those services under
applicable State and local law;
``(2) has previously provided such services for
members of the armed forces or employees of the United
States; and
``(3) either--
``(A) is a family home day care provider;
or
``(B) is a provider of family child care
services that--
``(i) otherwise provides federally
funded or sponsored child development
services;
``(ii) provides the services in a
child development center owned and
operated by a private, not-for-profit
organization;
``(iii) provides before-school or
after-school child care program in a
public school facility;
``(iv) conducts an otherwise
federally funded or federally sponsored
school age child care or youth services
program;
``(v) conducts a school age child
care or youth services program that is
owned and operated by a not-for-profit
organization; or
``(vi) is a provider of another
category of child care services or
youth services determined by the
Secretary of Defense as appropriate for
meeting the needs of members of the
armed forces or employees of the
Department of Defense.
``(c) Funding.--To provide financial assistance under this
subsection, the Secretary of Defense may use any funds
appropriated to the Department of Defense for operation and
maintenance.
``(d) Biennial Report.--(1) Every two years the Secretary
of Defense shall submit to Congress a report on the exercise of
authority under this section. The report shall include an
evaluation of the effectiveness of that authority for meeting
the needs of members of the armed forces or employees of the
Department of Defense for child care services and youth program
services. The report may include any recommendations for
legislation that the Secretary considers appropriate to enhance
the capability of the Department of Defense to meet those
needs.
``(2) A biennial report under this subsection may be
combined with the biennial report under section 1799(d) of this
title into a single report for submission to Congress.
``Sec. 1799. Child care services and youth program services for
dependents: participation by children and youth
otherwise ineligible
``(a) Authority.--The Secretary of Defense may authorize
participation in child care or youth programs of the Department
of Defense, to the extent of the availability of space and
services, by children and youth under the age of 19 who are not
dependents of members of the armed forces or of employees of
the Department of Defense and are not otherwise eligible for
participation in those programs.
``(b) Limitation.--Authorization of participation in a
program under subsection (a) shall be limited to situations in
which that participation promotes the attainment of the
objectives set forth in subsection (c), as determined by the
Secretary.
``(c) Objectives.--The objectives for authorizing
participation in a program under subsection (a) are as follows:
``(1) To support the integration of children and
youth of military families into civilian communities.
``(2) To make more efficient use of Department of
Defense facilities and resources.
``(3) To establish or support a partnership or
consortium arrangement with schools and other youth
services organizations serving children of members of
the armed forces.
``(d) Biennial Report.--(1) Every two years the Secretary
of Defense shall submit to Congress a report on the exercise of
authority under this section. The report shall include an
evaluation of the effectiveness of that authority for achieving
the objectives set out under subsection (c). The report may
include any recommendations for legislation that the Secretary
considers appropriate to enhance the capability of the
Department of Defense to attain those objectives.
``(2) A biennial report under this subsection may be
combined with the biennial report under section 1798(d) of this
title into a single report for submission to Congress.''.
(2) The table of sections at the beginning of such
subchapter is amended by striking the item relating to section
1798 and inserting the following new items:
``1798. Child care services and youth program services for dependents:
financial assistance for providers.''.
``1799. Child care services and youth program services for dependents:
participation by children and youth otherwise ineligible.
``1800. Definitions.''.
(b) First Biennial Reports.--The first biennial reports
under sections 1798(d) and 1799(d) of title 10, United States
Code (as added by subsection (a)), shall be submitted not later
than March 31, 2002, and shall cover fiscal years 2000 and
2001.
SEC. 585. REPORT AND REGULATIONS ON DEPARTMENT OF DEFENSE POLICIES ON
PROTECTING THE CONFIDENTIALITY OF COMMUNICATIONS
WITH PROFESSIONALS PROVIDING THERAPEUTIC OR RELATED
SERVICES REGARDING SEXUAL OR DOMESTIC ABUSE.
(a) Study and Report.--(1) The Comptroller General of the
United States shall study the policies, procedures, and
practices of the military departments for protecting the
confidentiality of communications between--
(A) a dependent (as defined in section 1072(2) of
title 10, United States Code, with respect to a member
of the Armed Forces) of a member of the Armed Forces
who--
(i) is a victim of sexual harassment,
sexual assault, or intrafamily abuse; or
(ii) has engaged in such misconduct; and
(B) a therapist, counselor, advocate, or other
professional from whom the dependent seeks professional
services in connection with effects of such misconduct.
(2) Not later than 180 days after the date of the enactment
of this Act, the Comptroller General shall conclude the study
and submit a report on the results of the study to Congress and
the Secretary of Defense.
(b) Regulations.--The Secretary of Defense shall prescribe
in regulations the policies and procedures that the Secretary
considers appropriate to provide the maximum protections for
the confidentiality of communications described in subsection
(a) relating to misconduct described in that subsection, taking
into consideration--
(1) the findings of the Comptroller General;
(2) the standards of confidentiality and ethical
standards issued by relevant professional
organizations;
(3) applicable requirements of Federal and State
law;
(4) the best interest of victims of sexual
harassment, sexual assault, or intrafamily abuse;
(5) military necessity; and
(6) such other factors as the Secretary, in
consultation with the Attorney General, may consider
appropriate.
(c) Report by Secretary of Defense.--Not later than January
21, 2000, the Secretary of Defense shall submit to Congress a
report on the actions taken under subsection (b) and any other
actions taken by the Secretary to provide the maximum possible
protections for confidentiality described in that subsection.
SEC. 586. MEMBERS UNDER BURDENSOME PERSONNEL TEMPO.
(a) Management of Deployments of Individual Members.--Part
II of subtitle A of title 10, United States Code, is amended by
inserting after chapter 49 the following new chapter:
``CHAPTER 50--MISCELLANEOUS COMMAND RESPONSIBILITIES
``Sec.
``991. Management of deployments of members.
``Sec. 991. Management of deployments of members
``(a) General or Flag Officer Responsibilities.--(1) The
deployment (or potential deployment) of a member of the armed
forces shall be managed, during any period when the member is a
high-deployment days member, by the officer in the chain of
command of that member who is the lowest-ranking general or
flag officer in that chain of command. That officer shall
ensure that the member is not deployed, or continued in a
deployment, on any day on which the total number of days on
which the member has been deployed out of the preceding 365
days would exceed 220 unless an officer in the grade of general
or admiral in the member's chain of command approves the
deployment, or continued deployment, of the member.
``(2) In this section, the term `high-deployment days
member' means a member who has been deployed 182 days or more
out of the preceding 365 days.
``(b) Deployment Defined.--(1) For the purposes of this
section, a member of the armed forces shall be considered to be
deployed or in a deployment on any day on which, pursuant to
orders, the member is performing service in a training exercise
or operation at a location or under circumstances that make it
impossible or infeasible for the member to spend off-duty time
in the housing in which the member resides when on garrison
duty at the member's permanent duty station.
``(2) For the purposes of this section, a member is not
deployed or in a deployment when the member is--
``(A) performing service as a student or trainee at
a school (including any Government school); or
``(B) performing administrative, guard, or detail
duties in garrison at the member's permanent duty
station.
``(3) The Secretary of Defense may prescribe a definition
of deployment for the purposes of this section other than the
definition specified in paragraphs (1) and (2). Any such
definition may not take effect until 90 days after the date on
which the Secretary notifies the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives of the revised standard definition of
deployment.
``(c) Recordkeeping.--The Secretary of each military
department shall establish a system for tracking and recording
the number of days that each member of the armed forces under
the jurisdiction of the Secretary is deployed.
``(d) National Security Waiver Authority.--The Secretary of
the military department concerned may suspend the applicability
of this section to a member or any group of members under the
Secretary's jurisdiction when the Secretary determines that
such a waiver is necessary in the national security interests
of the United States.
``(e) Inapplicability to Coast Guard.--This section does
not apply to a member of the Coast Guard when the Coast Guard
is not operating as a service in the Navy.''.
(b) Per Diem Allowance for Lengthy or Numerous
Deployments.--Chapter 7 of title 37, United States Code, is
amended by adding at the end the following new section:
``Sec. 435. Per diem allowance for lengthy or numerous deployments
``(a) Per Diem Required.--The Secretary of the military
department concerned shall pay a high-deployment per diem
allowance to a member of the armed forces under the Secretary's
jurisdiction for each day on which the member (1) is deployed,
and (2) has, as of that day, been deployed 251 days or more out
of the preceding 365 days.
``(b) Definition of Deployed.--In this section, the term
`deployed', with respect to a member, means that the member is
deployed or in a deployment within the meaning of section
991(b) of title 10 (including any definition of `deployment'
prescribed under paragraph (3) of that section).
``(c) Amount of Per Diem.--The amount of the high-
deployment per diem payable to a member under this section is
$100.
``(d) Payment of Claims.--A claim of a member for payment
of the high-deployment per diem allowance that is not fully
substantiated by the recordkeeping system applicable to the
member under section 991(c) of title 10 shall be paid if the
member furnishes the Secretary concerned with other evidence
determined by the Secretary as being sufficient to substantiate
the claim.
``(e) Relationship to Other Allowances.--A high-deployment
per diem payable to a member under this section is in addition
to any other pay or allowance payable to the member under any
other provision of law.
``(f) National Security Waiver.--No per diem may be paid
under this section to a member for any day on which the
applicability of section 991 of title 10 to the member is
suspended under subsection (d) of that section.''.
(c) Clerical Amendments.--(1) The tables of chapters at the
beginning of subtitle A of title 10, United States Code, and
the beginning of part II of such subtitle are amended by
inserting after the item relating to chapter 49 the following
new item:
``50. Miscellaneous Command Responsibilities......................991''.
(2) The table of sections at the beginning of chapter 7 of
title 37, United States Code, is amended by inserting after the
item relating to section 434 the following new item:
``435. Per diem allowance for lengthy or numerous deployments.''.
(d) Effective Date.--(1) Section 991 of title 10, United
States Code (as added by subsection (a)), shall take effect on
October 1, 2000. No day on which a member of the Armed Forces
is deployed (as defined in subsection (b) of that section)
before that date may be counted in determining the number of
days on which a member has been deployed for purposes of that
section.
(2) Section 435 of title 37, United States Code (as added
by subsection (b)), shall take effect on October 1, 2001.
(e) Implementing Regulations.--Not later than June 1, 2000,
the Secretary of each military department shall prescribe in
regulations the policies and procedures for implementing such
provisions of law for that military department.
Subtitle K--Domestic Violence
SEC. 591. DEFENSE TASK FORCE ON DOMESTIC VIOLENCE.
(a) Establishment.--The Secretary of Defense shall
establish a Department of Defense task force to be known as the
Defense Task Force on Domestic Violence.
(b) Strategic Plan.--Not later than 12 months after the
date on which all members of the task force have been
appointed, the task force shall submit to the Secretary of
Defense a long-term plan (referred to as a ``strategic plan'')
for means by which the Department of Defense may address
matters relating to domestic violence within the military more
effectively. The plan shall include an assessment of, and
recommendations for measures to improve, the following:
(1) Ongoing victims' safety programs.
(2) Offender accountability.
(3) The climate for effective prevention of
domestic violence.
(4) Coordination and collaboration among all
military organizations with responsibility or
jurisdiction with respect to domestic violence.
(5) Coordination between military and civilian
communities with respect to domestic violence.
(6) Research priorities.
(7) Data collection and case management and
tracking.
(8) Curricula and training for military commanders.
(9) Prevention and responses to domestic violence
at overseas military installations.
(10) Other issues identified by the task force
relating to domestic violence within the military.
(c) Review of Victims' Safety Program.--The task force
shall review the efforts of the Secretary of Defense to
establish a program for improving responses to domestic
violence under section 592 and shall include in its report
under subsection (e) a description of that program, including
best practices identified on installations, lessons learned,
and resulting policy recommendations.
(d) Other Task Force Reviews.--The task force shall review
and make recommendations regarding the following:
(1) Standard guidelines to be used by the
Secretaries of the military departments in negotiating
agreements with civilian law enforcement authorities
relating to acts of domestic violence involving members
of the Armed Forces.
(2) A requirement (A) that when a commanding
officer issues to a member of the Armed Forces under
that officer's command an order that the member not
have contact with a specified person that a written
copy of that order be provided within 24 hours after
the issuance of the order to the person with whom the
member is ordered not to have contact, and (B) that
there be a system of recording and tracking such
orders.
(3) Standard guidelines on the factors for
commanders to consider when seeking to substantiate
allegations of domestic violence by a person subject to
the Uniform Code of Military Justice and when
determining appropriate action for such allegations
that are so substantiated.
(4) A standard training program for all commanding
officers in the Armed Forces, including a standard
curriculum, on the handling of domestic violence cases.
(e) Annual Report.--(1) The task force shall submit to the
Secretary an annual report on its activities and on the
activities of the military departments to respond to domestic
violence in the military.
(2) The first such report shall be submitted not later than
the date specified in subsection (b) and shall be submitted
with the strategic plan submitted under that subsection. The
task force shall include in that report the following:
(A) Analysis and oversight of the efforts of the
military departments to respond to domestic violence in
the military and a description of barriers to
implementation of improvements in those efforts.
(B) A description of the activities and
achievements of the task force.
(C) A description of successful and unsuccessful
programs.
(D) A description of pending, completed, and
recommended Department of Defense research relating to
domestic violence.
(E) Such recommendations for policy and statutory
changes as the task force considers appropriate.
(3) Each subsequent annual report shall include the
following:
(A) A detailed discussion of the achievements in
responses to domestic violence in the Armed Forces.
(B) Pending research on domestic violence.
(C) Any recommendations for actions to improve the
responses of the Armed Forces to domestic violence in
the Armed Forces that the task force considers
appropriate.
(4) Within 90 days of receipt of a report under paragraph
(2) or (3), the Secretary shall submit the report and the
Secretary's evaluation of the report to the Committees on Armed
Services of the Senate and House of Representatives. The
Secretary shall include with the report the information
collected pursuant to section 1562(b) of title 10, United
States Code, as added by section 594.
(f) Membership.--(1) The task force shall consist of not
more than 24 members, to be appointed by the Secretary of
Defense. Members shall be appointed from each of the Army,
Navy, Air Force, and Marine Corps and shall include an equal
number of Department of Defense personnel (military or
civilian) and persons from outside the Department of Defense.
Members appointed from outside the Department of Defense may be
appointed from other Federal departments and agencies, from
State and local agencies, or from the private sector.
(2) The Secretary shall ensure that the membership of the
task force includes a judge advocate representative from each
of the Army, Navy, Air Force, and Marine Corps.
(3)(A) In consultation with the Attorney General, the
Secretary shall appoint to the task force a representative or
representatives from the Office of Justice Programs of the
Department of Justice.
(B) In consultation with the Secretary of Health and Human
Services, the Secretary shall appoint to the task force a
representative from the Family Violence Prevention and Services
office of the Department of Health and Human Services.
(4) Each member of the task force appointed from outside
the Department of Defense shall be an individual who has
demonstrated expertise in the area of domestic violence or
shall be appointed from one of the following:
(A) A national domestic violence resource center
established under section 308 of the Family Violence
Prevention and Services Act (42 U.S.C. 10407).
(B) A national sexual assault and domestic violence
policy and advocacy organization.
(C) A State domestic violence and sexual assault
coalition.
(D) A civilian law enforcement agency.
(E) A national judicial policy organization.
(F) A State judicial authority.
(G) A national crime victim policy organization.
(5) The members of the task force shall be appointed not
later than 90 days after the date of the enactment of this Act.
(g) Co-Chairs of the Task Force.--There shall be two co-
chairs of the task force. One of the co-chairs shall be
designated by the Secretary of Defense at the time of
appointment from among the Department of Defense personnel on
the task force. The other co-chair shall be selected from among
the members appointed from outside the Department of Defense by
those members.
(h) Administrative Support.--(1) Each member of the task
force shall serve without compensation (other than the
compensation to which entitled as a member of the Armed Forces
or an officer or employee of the United States, as the case may
be), but shall be allowed travel expenses, including per diem
in lieu of subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5, United
States Code, while away from the member's home or regular
places of business in the performance of services for the task
force.
(2) The Assistant Secretary of Defense for Force Management
Policy, under the direction of the Under Secretary of Defense
for Personnel and Readiness, shall provide oversight of the
task force. The Washington Headquarters Service shall provide
the task force with the personnel, facilities, and other
administrative support that is necessary for the performance of
the task force's duties.
(3) The Assistant Secretary shall coordinate with the
Secretaries of the military departments to provide visits of
the task force to military installations.
(i) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App) shall not apply to the task force.
(j) Termination.--The task force shall terminate three
years after the date of the enactment of this Act.
SEC. 592. INCENTIVE PROGRAM FOR IMPROVING RESPONSES TO DOMESTIC
VIOLENCE INVOLVING MEMBERS OF THE ARMED FORCES AND
MILITARY FAMILY MEMBERS.
(a) Purpose.--The purpose of this section is to provide a
program for the establishment on military installations of
collaborative projects involving appropriate elements of the
Armed Forces and the civilian community to improve, strengthen,
or coordinate prevention and response efforts to domestic
violence involving members of the Armed Forces, military family
members, and others.
(b) Program.--The Secretary of Defense shall establish a
program to provide funds and other incentives to commanders of
military installations for the following purposes:
(1) To improve coordination between military and
civilian law enforcement authorities in policies,
training, and responses to, and tracking of, cases
involving military domestic violence.
(2) To develop, implement, and coordinate with
appropriate civilian authorities tracking systems (A)
for protective orders issued to or on behalf of members
of the Armed Forces by civilian courts, and (B) for
orders issued by military commanders to members of the
Armed Forces ordering them not to have contact with a
dependent.
(3) To strengthen the capacity of attorneys and
other legal advocates to respond appropriately to
victims of military domestic violence.
(4) To assist in educating judges, prosecutors, and
legal offices in improved handling of military domestic
violence cases.
(5) To develop and implement more effective
policies, protocols, orders, and services specifically
devoted to preventing, identifying, and responding to
domestic violence.
(6) To develop, enlarge, or strengthen victims'
services programs, including sexual assault and
domestic violence programs, developing or improving
delivery of victims' services, and providing
confidential access to specialized victims' advocates.
(7) To develop and implement primary prevention
programs.
(8) To improve the response of health care
providers to incidents of domestic violence, including
the development and implementation of screening
protocols.
(c) Priority.--The Secretary shall give priority in
providing funds and other incentives under the program to
installations at which the local program will emphasize
building or strengthening partnerships and collaboration among
military organizations such as family advocacy program,
military police or provost marshal organizations, judge
advocate organizations, legal offices, health affairs offices,
and other installation-level military commands between those
organizations and appropriate civilian organizations, including
civilian law enforcement, domestic violence advocacy
organizations, and domestic violence shelters.
(d) Applications.--The Secretary shall establish guidelines
for applications for an award of funds under the program to
carry out the program at an installation.
(e) Awards.--The Secretary shall determine the award of
funds and incentives under this section. In making a
determination of the installations to which funds or other
incentives are to be provided under the program, the Secretary
shall consult with an award review committee consisting of
representatives from the Armed Forces, the Department of
Justice, the Department of Health and Human Services, and
organizations with a demonstrated expertise in the areas of
domestic violence and victims' safety.
SEC. 593. UNIFORM DEPARTMENT OF DEFENSE POLICIES FOR RESPONSES TO
DOMESTIC VIOLENCE.
(a) Requirement.--The Secretary of Defense shall prescribe
the following:
(1) Standard guidelines to be used by the
Secretaries of the military departments for negotiating
agreements with civilian law enforcement authorities
relating to acts of domestic violence involving members
of the Armed Forces.
(2) A requirement (A) that when a commanding
officer issues to a member of the Armed Forces under
that officer's command an order that the member not
have contact with a specified person that a written
copy of that order be provided within 24 hours after
the issuance of the order to the person with whom the
member is ordered not to have contact, and (B) that
there be a system of recording and tracking such
orders.
(3) Standard guidelines on the factors for
commanders to consider when seeking to substantiate
allegations of domestic violence by a person subject to
the Uniform Code of Military Justice and when
determining appropriate action for such allegations
that are so substantiated.
(4) A standard training program for all commanding
officers in the Armed Forces, including a standard
curriculum, on the handling of domestic violence cases.
(b) Deadline.--The Secretary of Defense shall carry out
subsection (a) not later than six months after the date on
which the Secretary receives the first report of the Defense
Task Force on Domestic Violence under section 591(e).
SEC. 594. CENTRAL DEPARTMENT OF DEFENSE DATABASE ON DOMESTIC VIOLENCE
INCIDENTS.
(a) In General.--Chapter 80 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1562. Database on domestic violence incidents
``(a) Database on Domestic Violence Incident.--The
Secretary of Defense shall establish a central database of
information on the incidents of domestic violence involving
members of the armed forces.
``(b) Reporting of Information for the Database.--The
Secretary shall require that the Secretaries of the military
departments maintain and report annually to the administrator
of the database established under subsection (a) any
information received on the following matters:
``(1) Each domestic violence incident reported to a
commander, a law enforcement authority of the armed
forces, or a family advocacy program of the Department
of Defense.
``(2) The number of those incidents that involve
evidence determined sufficient for supporting
disciplinary action and, for each such incident, a
description of the substantiated allegation and the
action taken by command authorities in the incident.
``(3) The number of those incidents that involve
evidence determined insufficient for supporting
disciplinary action and for each such case, a
description of the allegation.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1562. Database on domestic violence incidents.''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2000 increase in military basic pay and reform of
basic pay rates.
Sec. 602. Pay increases for fiscal years 2001 through 2006.
Sec. 603. Additional amount available for fiscal year 2000 increase in
basic allowance for housing inside the United States.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonuses and special pay authorities for
reserve forces.
Sec. 612. Extension of certain bonuses and special pay authorities for
nurse officer candidates, registered nurses, and nurse
anesthetists.
Sec. 613. Extension of authorities relating to payment of other bonuses
and special pays.
Sec. 614. Amount of aviation career incentive pay for air battle
managers.
Sec. 615. Expansion of authority to provide special pay to aviation
career officers extending period of active duty.
Sec. 616. Additional special pay for board certified veterinarians in
the Armed Forces and Public Health Service.
Sec. 617. Diving duty special pay.
Sec. 618. Reenlistment bonus.
Sec. 619. Enlistment bonus.
Sec. 620. Selected Reserve enlistment bonus.
Sec. 621. Special pay for members of the Coast Guard Reserve assigned to
high priority units of the Selected Reserve.
Sec. 622. Reduced minimum period of enlistment in Army in critical skill
for eligibility for enlistment bonus.
Sec. 623. Eligibility for reserve component prior service enlistment
bonus upon attaining a critical skill.
Sec. 624. Increase in special pay and bonuses for nuclear-qualified
officers.
Sec. 625. Increase in maximum monthly rate authorized for foreign
language proficiency pay.
Sec. 626. Authorization of retention bonus for special warfare officers
extending periods of active duty.
Sec. 627. Authorization of surface warfare officer continuation pay.
Sec. 628. Authorization of career enlisted flyer incentive pay.
Sec. 629. Authorization of judge advocate continuation pay.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Provision of lodging in kind for Reservists performing
training duty and not otherwise entitled to travel and
transportation allowances.
Sec. 632. Payment of temporary lodging expenses for members making their
first permanent change of station.
Sec. 633. Destination airport for emergency leave travel to continental
United States.
Subtitle D--Retired Pay Reform
Sec. 641. Redux retired pay system applicable only to members electing
new 15-year career status bonus.
Sec. 642. Authorization of 15-year career status bonus.
Sec. 643. Conforming amendments.
Sec. 644. Effective date.
Subtitle E--Other Matters Relating to Military Retirees and Survivors
Sec. 651. Repeal of reduction in retired pay for military retirees
employed in civilian positions.
Sec. 652. Presentation of United States flag to retiring members of the
uniformed services not previously covered.
Sec. 653. Disability retirement or separation for certain members with
pre-existing conditions.
Sec. 654. Credit toward paid-up SBP coverage for months covered by make-
up premium paid by persons electing SBP coverage during
special open enrollment period.
Sec. 655. Paid-up coverage under Retired Serviceman's Family Protection
Plan.
Sec. 656. Extension of authority for payment of annuities to certain
military surviving spouses.
Sec. 657. Effectuation of intended SBP annuity for former spouse when
not elected by reason of untimely death of retiree.
Sec. 658. Special compensation for severely disabled uniformed services
retirees.
Subtitle F--Eligibility to Participate in the Thrift Savings Plan
Sec. 661. Participation in thrift savings plan.
Sec. 662. Special retention initiative.
Sec. 663. Effective date.
Subtitle G--Other Matters
Sec. 671. Payment for unused leave in conjunction with a reenlistment.
Sec. 672. Clarification of per diem eligibility for military technicians
(dual status) serving on active duty without pay outside the
United States.
Sec. 673. Annual report on effects of initiatives on recruitment and
retention.
Sec. 674. Overseas special supplemental food program.
Sec. 675. Tuition assistance for members deployed in a contingency
operation.
Sec. 676. Administration of Selected Reserve education loan repayment
program for Coast Guard Reserve.
Sec. 677. Sense of Congress regarding treatment under Internal Revenue
Code of members receiving hostile fire or imminent danger
special pay during contingency operations.
Subtitle A--Pay and Allowances
SEC. 601. FISCAL 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 5,851.80 5,894.40 6,114.60
O-6............................. 4,061.10 4,461.60 4,754.40 4,754.40 4,772.40
O-5............................. 3,248.40 3,813.90 4,077.90 4,127.70 4,291.80
O-4............................. 2,737.80 3,333.90 3,556.20 3,606.00 3,812.40
O-3 \3\......................... 2,544.00 2,884.20 3,112.80 3,364.80 3,525.90
O-2 \3\......................... 2,218.80 2,527.20 2,910.90 3,009.00 3,071.10
O-1 \3\......................... 1,926.30 2,004.90 2,423.10 2,423.10 2,423.10
-------------------------------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------------------------------
O-10 \2\........................ $0.00 $0.00 $0.00 $0.00 $0.00
O-9............................. 0.00 0.00 0.00 0.00 0.00
O-8............................. 7,471.50 7,540.80 7,824.60 7,906.20 8,150.10
O-7............................. 6,282.00 6,475.80 6,669.00 6,863.10 7,471.50
O-6............................. 4,976.70 5,004.00 5,004.00 5,169.30 5,791.20
O-5............................. 4,291.80 4,420.80 4,659.30 4,971.90 5,286.00
O-4............................. 3,980.40 4,252.50 4,464.00 4,611.00 4,758.90
O-3 \3\......................... 3,702.60 3,850.20 4,040.40 4,139.10 4,139.10
O-2 \3\......................... 3,071.10 3,071.10 3,071.10 3,071.10 3,071.10
O-1 \3\......................... 2,423.10 2,423.10 2,423.10 2,423.10 2,423.10
-------------------------------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------------------------------
O-10 \2\........................ $0.00 $10,655.10 $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
----------------------------------------------------------------------------------------------------------------
\1\ Notwithstanding the pay rates specified in this table, the actual basic pay for commissioned officers in
grades 0-7 through O-10 may not exceed the rate of pay for level III of the Executive Schedule and the actual
basic pay for all other officers, including warrant officers, may not exceed the rate of pay for level V of
the Executive Schedule.
\2\ Subject to the preceding footnote, while serving as Chairman or Vice Chairman of the Joint Chiefs of Staff,
Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the
Marine Corps, or Commandant of the Coast Guard, basic pay for this grade is calculated to be $12,441.00,
regardless of cumulative years of service computed under section 205 of title 37, United States Code.
\3\ This table does not apply to commissioned officers in the grade O-1, O-2, or O-3 who have been credited with
over 4 years of active duty service as an enlisted member or warrant officer.
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER
Years of service computed under section 205 of title 37, United States Code
----------------------------------------------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
----------------------------------------------------------------------------------------------------------------
O-3E............................ $0.00 $0.00 $0.00 $3,364.80 $3,525.90
O-2E............................ 0.00 0.00 0.00 3,009.00 3,071.10
O-1E............................ 0.00 0.00 0.00 2,423.10 2,588.40
-------------------------------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------------------------------
O-3E............................ $3,702.60 $3,850.20 $4,040.40 $4,200.30 $4,291.80
O-2E............................ 3,168.60 3,333.90 3,461.40 3,556.20 3,556.20
O-1E............................ 2,683.80 2,781.30 2,877.60 3,009.00 3,009.00
-------------------------------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------------------------------
O-3E............................ $4,416.90 $4,416.90 $4,416.90 $4,416.90 $4,416.90
O-2E............................ 3,556.20 3,556.20 3,556.20 3,556.20 3,556.20
O-1E............................ 3,009.00 3,009.00 3,009.00 3,009.00 3,009.00
----------------------------------------------------------------------------------------------------------------
WARRANT OFFICERS
Years of service computed under section 205 of title 37, United States Code
----------------------------------------------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
----------------------------------------------------------------------------------------------------------------
W-5............................. $0.00 $0.00 $0.00 $0.00 $0.00
W-4............................. 2,592.00 2,788.50 2,868.60 2,947.50 3,083.40
W-3............................. 2,355.90 2,555.40 2,555.40 2,588.40 2,694.30
W-2............................. 2,063.40 2,232.60 2,232.60 2,305.80 2,423.10
W-1............................. 1,719.00 1,971.00 1,971.00 2,135.70 2,232.60
-------------------------------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------------------------------
W-5............................. $0.00 $0.00 $0.00 $0.00 $0.00
W-4............................. 3,217.20 3,352.80 3,485.10 3,622.20 3,753.60
W-3............................. 2,814.90 2,974.20 3,071.10 3,177.00 3,298.20
W-2............................. 2,555.40 2,652.60 2,749.80 2,844.30 2,949.00
W-1............................. 2,332.80 2,433.30 2,533.20 2,634.00 2,734.80
-------------------------------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------------------------------
W-5............................. $0.00 $4,475.10 $4,628.70 $4,782.90 $4,937.40
W-4............................. 3,888.00 4,019.40 4,155.60 4,289.70 4,427.10
W-3............................. 3,418.50 3,539.10 3,659.40 3,780.00 3,900.90
W-2............................. 3,056.40 3,163.80 3,270.90 3,378.30 3,378.30
W-1............................. 2,835.00 2,910.90 2,910.90 2,910.90 2,910.90
----------------------------------------------------------------------------------------------------------------
ENLISTED MEMBERS \1\
Years of service computed under section 205 of title 37, United States Code
----------------------------------------------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
----------------------------------------------------------------------------------------------------------------
E-9 \2\......................... $0.00 $0.00 $0.00 $0.00 $0.00
E-8............................. 0.00 0.00 0.00 0.00 0.00
E-7............................. 1,765.80 1,927.80 2,001.00 2,073.00 2,147.70
E-6............................. 1,518.90 1,678.20 1,752.60 1,824.30 1,899.30
E-5............................. 1,332.60 1,494.00 1,566.00 1,640.40 1,714.50
E-4............................. 1,242.90 1,373.10 1,447.20 1,520.10 1,593.90
E-3............................. 1,171.50 1,260.60 1,334.10 1,335.90 1,335.90
E-2............................. 1,127.40 1,127.40 1,127.40 1,127.40 1,127.40
E-1............................. \3\ 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60
-------------------------------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------------------------------
E-9 \2\......................... $0.00 $3,015.30 $3,083.40 $3,169.80 $3,271.50
E-8............................. 2,528.40 2,601.60 2,669.70 2,751.60 2,840.10
E-7............................. 2,220.90 2,294.10 2,367.30 2,439.30 2,514.00
E-6............................. 1,973.10 2,047.20 2,118.60 2,191.50 2,244.60
E-5............................. 1,789.50 1,861.50 1,936.20 1,936.20 1,936.20
E-4............................. 1,593.90 1,593.90 1,593.90 1,593.90 1,593.90
E-3............................. 1,335.90 1,335.90 1,335.90 1,335.90 1,335.90
E-2............................. 1,127.40 1,127.40 1,127.40 1,127.40 1,127.40
E-1............................. 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60
-------------------------------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------------------------------
E-9 \2\......................... $3,373.20 $3,473.40 $3,609.30 $3,744.00 $3,915.90
E-8............................. 2,932.50 3,026.10 3,161.10 3,295.50 3,483.60
E-7............................. 2,588.10 2,660.40 2,787.60 2,926.20 3,134.40
E-6............................. 2,283.30 2,283.30 2,285.70 2,285.70 2,285.70
E-5............................. 1,936.20 1,936.20 1,936.20 1,936.20 1,936.20
E-4............................. 1,593.90 1,593.90 1,593.90 1,593.90 1,593.90
E-3............................. 1,335.90 1,335.90 1,335.90 1,335.90 1,335.90
E-2............................. 1,127.40 1,127.40 1,127.40 1,123.20 1,127.40
E-1............................. 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60
----------------------------------------------------------------------------------------------------------------
\1\ Notwithstanding the pay rates specified in this table, the actual basic pay for enlisted members may not
exceed the rate of pay for level V of the Executive Schedule.
\2\ Subject to the preceding footnote, while serving as Sergeant Major of the Army, Master Chief Petty Officer
of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, or Master Chief Petty
Officer of the Coast Guard, basic pay for this grade is $4,701.00, regardless of cumulative years of service
computed under section 205 of title 37, United States Code.
\3\ In the case of members in the grade E-1 who have served less than 4 months on active duty, basic pay is
$930.30.
(d) Limitation on Pay Adjustments.--Effective January 1,
2000, section 203(a) of title 37, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new
paragraph:
``(2) Notwithstanding the rates of basic pay in effect at
any time as provided by law, the rates of basic pay payable for
commissioned officers in pay grades O-7 through O-10 may not
exceed the monthly equivalent of the rate of pay for level III
of the Executive Schedule, and the rates of basic pay payable
for all other officers and for enlisted members may not exceed
the monthly equivalent of the rate of pay for level V of the
Executive Schedule.''.
(e) Recomputation of Retired Pay for Certain Recently
Retired Officers.--In the case of a commissioned officer of the
uniformed services who retired during the period beginning on
April 30, 1999, through December 31, 1999, and who, at the time
of retirement, was in pay grade O-7, O-8, O-9, or O-10, the
retired pay of that officer shall be recomputed, effective as
of January 1, 2000, using the rate of basic pay that would have
been applicable to the computation of that officer's retired
pay if the provisions of paragraph (2) of section 203(a) of
title 37, United States Code, as added by subsection (d), had
taken effect on April 30, 1999.
SEC. 602. PAY INCREASES FOR FISCAL YEARS 2001 THROUGH 2006.
(a) ECI+0.5 Percent Increase for All Members.--Section
1009(c) of title 37, United States Code, is amended--
(1) by inserting ``(1)'' after ``(c) Equal
Percentage Increase for All Members.--''; and
(2) by adding at the end the following new
paragraph:
``(2) Notwithstanding paragraph (1), but subject to
subsection (d), an adjustment taking effect under this section
during each of fiscal years 2001 through 2006 shall provide all
eligible members with an increase in the monthly basic pay by
the percentage equal to the sum of--
``(A) one percent; plus
``(B) the percentage calculated as provided under
section 5303(a) of title 5 for that fiscal year,
without regard to whether rates of pay under the
statutory pay systems are actually increased during
that fiscal year under that section by the percentage
so calculated.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2000.
SEC. 603. ADDITIONAL AMOUNT AVAILABLE FOR FISCAL YEAR 2000 INCREASE IN
BASIC ALLOWANCE FOR HOUSING INSIDE THE UNITED
STATES.
In addition to the amount determined by the Secretary of
Defense under section 403(b)(3) of title 37, United States
Code, to be the total amount that may be paid during fiscal
year 2000 for the basic allowance for housing for military
housing areas inside the United States, $225,000,000 of the
amount authorized to be appropriated by section 421 for
military personnel shall be used by the Secretary to further
increase the total amount available for the basic allowance for
housing for military housing areas inside the United States.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY AUTHORITIES FOR
RESERVE FORCES.
(a) Special Pay for Health Professionals in Critically
Short Wartime Specialties.--Section 302g(f) of title 37, United
States Code, is amended by striking ``December 31, 1999'' and
inserting ``December 31, 2000''.
(b) Selected Reserve Reenlistment Bonus.--Section 308b(f)
of such title is amended by striking ``December 31, 1999'' and
inserting ``December 31, 2000''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of
such title is amended by striking ``December 31, 1999'' and
inserting ``December 31, 2000''.
(d) Special Pay for Enlisted Members Assigned to Certain
High Priority Units.--Section 308d(c) of such title is amended
by striking ``December 31, 1999'' and inserting ``December 31,
2000''.
(e) Selected Reserve Affiliation Bonus.--Section 308e(e) of
such title is amended by striking ``December 31, 1999'' and
inserting ``December 31, 2000''.
(f) Ready Reserve Enlistment and Reenlistment Bonus.--
Section 308h(g) of such title is amended by striking ``December
31, 1999'' and inserting ``December 31, 2000''.
(g) Prior Service Enlistment Bonus.--Section 308i(f) of
such title is amended by striking ``December 31, 1999'' and
inserting ``December 31, 2000''.
(h) Repayment of Education Loans for Certain Health
Professionals Who Serve in the Selected Reserve.--Section
16302(d) of title 10, United States Code, is amended by
striking ``January 1, 2000'' and inserting ``January 1, 2001''.
SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY AUTHORITIES FOR
NURSE OFFICER CANDIDATES, REGISTERED NURSES, AND
NURSE ANESTHETISTS.
(a) Nurse Officer Candidate Accession Program.--Section
2130a(a)(1) of title 10, United States Code, is amended by
striking ``December 31, 1999'' and inserting ``December 31,
2000''.
(b) Accession Bonus for Registered Nurses.--Section
302d(a)(1) of title 37, United States Code, is amended by
striking ``December 31, 1999'' and inserting ``December 31,
2000''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of title 37, United States Code, is amended by
striking ``December 31, 1999'' and inserting ``December 31,
2000''.
SEC. 613. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER BONUSES
AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of
title 37, United States Code, is amended by striking ``December
31, 1999,'' and inserting ``December 31, 2000,''.
(b) Reenlistment Bonus for Active Members.--Section 308(g)
of such title is amended by striking ``December 31, 1999'' and
inserting ``December 31, 2000''.
(c) Enlistment Bonus for Persons With Critical Skills.--
Section 308a(d) of such title, as redesignated by section
619(b), is amended by striking ``December 31, 1999'' and
inserting ``December 31, 2000''.
(d) Army Enlistment Bonus.--Section 308f(c) of such title
is amended by striking ``December 31, 1999'' and inserting
``December 31, 2000''.
(e) Special Pay for Nuclear-Qualified Officers Extending
Period of Active Service.--Section 312(e) of such title is
amended by striking ``December 31, 1999'' and inserting
``December 31, 2000''.
(f) Nuclear Career Accession Bonus.--Section 312b(c) of
such title is amended by striking ``December 31, 1999'' and
inserting ``December 31, 2000''.
(g) Nuclear Career Annual Incentive Bonus.--Section 312c(d)
of such title is amended by striking ``October 1, 1998,'' and
all that follows through the period at the end and inserting
``December 31, 2000.''.
SEC. 614. AMOUNT OF AVIATION CAREER INCENTIVE PAY FOR AIR BATTLE
MANAGERS.
(a) Applicable Incentive Pay Rate.--Section 301a(b) of
title 37, United States Code is amended by adding at the end
the following new paragraph:
``(4) An officer serving as an air battle manager who is
entitled to aviation career incentive pay under this section
and who, before becoming entitled to aviation career incentive
pay, was entitled to incentive pay under section 301(a)(11) of
this title, shall be paid the monthly incentive pay at the
higher of the following rates:
``(A) The rate otherwise applicable to the member
under this subsection.
``(B) The rate at which the member was receiving
incentive pay under section 301(c)(2)(A) of this title
immediately before the member's entitlement to aviation
career incentive pay under this section.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 1999, and shall apply with
respect to months beginning on or after that date.
SEC. 615. EXPANSION OF AUTHORITY TO PROVIDE SPECIAL PAY TO AVIATION
CAREER OFFICERS EXTENDING PERIOD OF ACTIVE DUTY.
(a) Eligibility Criteria.--Subsection (b) of section 301b
of title 37, United States Code, is amended--
(1) by striking paragraphs (2) and (5);
(2) in paragraph (3), by striking ``grade O-6'' and
inserting ``grade O-7'';
(3) by inserting ``and'' at the end of paragraph
(4); and
(4) by redesignating paragraphs (3), (4), and (6)
as paragraphs (2), (3), and (4), respectively.
(b) Amount of Bonus.--Subsection (c) of such section is
amended by striking ``than--'' and all that follows through the
period at the end and inserting ``than $25,000 for each year
covered by the written agreement to remain on active duty.''.
(c) Proration Authority for Coverage of Increased Period of
Eligibility.--Subsection (d) of such section is amended by
striking ``14 years of commissioned service'' and inserting
``25 years of aviation service''.
(d) Repeal of Content Requirements for Annual Report.--
Subsection (i)(1) of such section is amended by striking the
second sentence.
(e) Definitions Regarding Aviation Specialty.--Subsection
(j) of such section is amended--
(1) by striking paragraphs (2) and (3); and
(2) by redesignating paragraph (4) as paragraph
(2).
(f) Technical Amendment.--Subsection (g)(3) of such section
is amended by striking the second sentence.
(g) Effective Date.--The amendments made by this section
shall take effect on October 1, 1999, and shall apply with
respect to months beginning on or after that date.
SEC. 616. ADDITIONAL SPECIAL PAY FOR BOARD CERTIFIED VETERINARIANS IN
THE ARMED FORCES AND PUBLIC HEALTH SERVICE.
(a) Authority.--Section 303 of title 37, United States
Code, is amended--
(1) by inserting ``(a) Monthly Special Pay.--''
before ``Each''; and
(2) by adding at the end the following:
``(b) Additional Special Pay for Board Certification.--A
commissioned officer entitled to special pay under subsection
(a) who has been certified as a Diplomate in a specialty
recognized by the American Veterinarian Medical Association is
entitled to special pay (in addition to the special pay under
subsection (a)) at the same rate as is provided under section
302c(b) of this title for an officer referred to in that
section who has the same number of years of creditable service
as the commissioned officer.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 1999, and shall apply with
respect to months beginning on and after that date.
SEC. 617. DIVING DUTY SPECIAL PAY.
(a) Increase in Rate.--Subsection (b) of section 304 of
title 37, United States Code, is amended--
(1) by striking ``$200'' and inserting ``$240'';
and
(2) by striking ``$300'' and inserting ``$340''.
(b) Relation to Hazardous Duty Incentive Pay.--Subsection
(c) of such section is amended to read as follows:
``(c) If, in addition to diving duty, a member is assigned
by orders to one or more hazardous duties described in section
301 of this title, the member may be paid, for the same period
of service, special pay under this section and incentive pay
under such section 301 for each hazardous duty for which the
member is qualified.''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on October 1, 1999, and shall apply
with respect to special pay paid under such section for months
beginning on or after that date.
SEC. 618. REENLISTMENT BONUS.
(a) Minimum Months of Active Duty.--Subsection (a)(1)(A) of
section 308 of title 37, United States Code, is amended by
striking ``twenty-one months'' and inserting ``17 months''.
(b) Increase in Maximum Amount of Bonus.--Subsection (a)(2)
of such section is amended--
(1) in subparagraph (A)(i), by striking ``ten'' and
inserting ``15''; and
(2) in subparagraph (B), by striking ``$45,000''
and inserting ``$60,000''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on October 1, 1999, and shall apply
with respect to reenlistments and extensions of enlistments
taking effect on or after that date.
SEC. 619. ENLISTMENT BONUS.
(a) Increase in Maximum Bonus Amount.--Subsection (a) of
section 308a of title 37, United States Code, is amended by
striking ``$12,000'' and inserting ``$20,000''.
(b) Payment Methods.--Such section is further amended--
(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)''.
(d) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 1999, and shall apply with
respect enlistments and extensions of enlistments taking effect
on or after that date.
SEC. 620. SELECTED RESERVE ENLISTMENT BONUS.
(a) Elimination of Requirement for Minimum Period of
Enlistment.--Subsection (a) of section 308c of title 37, United
States Code, is amended by striking ``for a term of enlistment
of not less than six years''.
(b) Increased Maximum Amount.--Subsection (b) of such
section is amended by striking ``$5,000'' and inserting
``$8,000''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on October 1, 1999, and shall apply
with respect to enlistments entered into on or after that date.
SEC. 621. SPECIAL PAY FOR MEMBERS OF THE COAST GUARD RESERVE ASSIGNED
TO HIGH PRIORITY UNITS OF THE SELECTED RESERVE.
Section 308d(a) of title 37, United States Code, is amended
by inserting ``or the Secretary of Transportation with respect
to the Coast Guard when it is not operating as a service in the
Navy, '' after ``Secretary of Defense,''.
SEC. 622. REDUCED MINIMUM PERIOD OF ENLISTMENT IN ARMY IN CRITICAL
SKILL FOR ELIGIBILITY FOR ENLISTMENT BONUS.
(a) Reduced Requirement.--Paragraph (3) of section 308f(a)
of title 37, United States Code, is amended by striking ``3
years'' and inserting ``2 years''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 1999, and shall apply with
respect to enlistments entered into on or after that date.
SEC. 623. ELIGIBILITY FOR RESERVE COMPONENT PRIOR SERVICE ENLISTMENT
BONUS UPON ATTAINING A CRITICAL SKILL.
(a) Revised Eligibility Requirements for Bonus.--Section
308i(a) of title 37, United States Code, is amended by striking
paragraph (2) and inserting the following new paragraph:
``(2) A bonus may only be paid under this section to a
person who meets each of the following requirements:
``(A) The person has completed a military service
obligation, but has less than 14 years of total
military service, and received an honorable discharge
at the conclusion of that military service obligation.
``(B) The person was not released, or is not being
released, from active service for the purpose of
enlistment in a reserve component.
``(C) The person is projected to occupy, or is
occupying, a position as a member of the Selected
Reserve in a specialty in which the person--
``(i) successfully served while a member on
active duty and attained a level of
qualification while on active duty commensurate
with the grade and years of service of the
member; or
``(ii) has completed training or retraining
in the specialty skill that is designated as
critically short and attained a level of
qualification in the specialty skill that is
commensurate with the grade and years of
service of the member.
``(D) The person has not previously been paid a
bonus (except under this section) for enlistment,
reenlistment, or extension of enlistment in a reserve
component.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 1999, and shall apply to
enlistments beginning on or after that date.
SEC. 624. INCREASE IN SPECIAL PAY AND BONUSES FOR NUCLEAR-QUALIFIED
OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending
Period of Active Service.--Section 312(a) of title 37, United
States Code, is amended by striking ``$15,000'' and inserting
``$25,000''.
(b) Nuclear Career Accession Bonus.--Section 312b(a)(1) of
such title is amended by striking ``$10,000'' and inserting
``$20,000''.
(c) Nuclear Career Annual Incentive Bonuses.--Section 312c
of such title is amended--
(1) in subsection (a)(1), by striking ``$12,000''
and inserting ``$22,000''; and
(2) in subsection (b)(1), by striking ``$5,500''
and inserting ``$10,000''.
(d) Effective Date.--(1) The amendments made by subsections
(a) and (b) shall take effect on October 1, 1999, and shall
apply to agreements under section 312 or 312b of such title
entered into on or after that date.
(2) The amendments made by subsection (c) shall take effect
on October 1, 1999, and shall apply with respect to nuclear
service years beginning on or after that date.
SEC. 625. INCREASE IN MAXIMUM MONTHLY RATE AUTHORIZED FOR FOREIGN
LANGUAGE PROFICIENCY PAY.
(a) Increase.--Section 316(b) of title 37, United States
Code, is amended by striking ``$100'' and inserting ``$300''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 1999, and shall apply with
respect to foreign language proficiency pay paid under section
316 of such title for months beginning on or after that date.
SEC. 626. AUTHORIZATION OF RETENTION BONUS FOR SPECIAL WARFARE OFFICERS
EXTENDING PERIODS OF ACTIVE DUTY.
(a) Bonus Authorized.--(1) Chapter 5 of title 37, United
States Code, is amended by adding at the end the following new
section:
``Sec. 318. Special pay: special warfare officers extending period of
active duty
``(a) Special Warfare Officer Defined.--In this section,
the term `special warfare officer' means an officer of a
uniformed service who--
``(1) is qualified for a military occupational
specialty or designator identified by the Secretary
concerned as a special warfare military occupational
specialty or designator; and
``(2) is serving in a position for which that
specialty or designator is authorized.
``(b) Retention Bonus Authorized.--A special warfare
officer who meets the eligibility requirements specified in
subsection (c) and who executes a written agreement to remain
on active duty in special warfare service for at least one year
may, upon the acceptance of the agreement by the Secretary
concerned, be paid a retention bonus as provided in this
section.
``(c) Eligibility Requirements.--A special warfare officer
may apply to enter into an agreement referred to in subsection
(b) if the officer--
``(1) is in pay grade O-3, or is in pay grade O-4
and is not on a list of officers recommended for
promotion, at the time the officer applies to enter
into the agreement;
``(2) has completed at least 6, but not more than
14, years of active commissioned service; and
``(3) has completed any service commitment incurred
to be commissioned as an officer.
``(d) Amount of Bonus.--The amount of a retention bonus
paid under this section may not be more than $15,000 for each
year covered by the agreement.
``(e) Proration.--The term of an agreement under subsection
(b) and the amount of the retention bonus payable under
subsection (d) may be prorated as long as the agreement does
not extend beyond the date on which the officer executing the
agreement would complete 14 years of active commissioned
service.
``(f) Payment Methods.--(1) Upon acceptance of an agreement
under subsection (b) by the Secretary concerned, the total
amount payable pursuant to the agreement becomes fixed.
``(2) The amount of the retention bonus may be paid as
follows:
``(A) At the time the agreement is accepted by the
Secretary concerned, the Secretary may make a lump sum
payment equal to half the total amount payable under
the agreement. The balance of the bonus amount shall be
paid in equal annual installments on the anniversary of
the acceptance of the agreement.
``(B) The Secretary concerned may make graduated
annual payments under regulations prescribed by the
Secretary, with the first payment being payable at the
time the agreement is accepted by the Secretary and
subsequent payments being payable on the anniversary of
the acceptance of the agreement.
``(g) Additional Pay.--A retention bonus paid under this
section is in addition to any other pay and allowances to which
an officer is entitled.
``(h) Repayment.--(1) If an officer who has entered into an
agreement under subsection (b) and has received all or part of
a retention bonus under this section fails to complete the
total period of active duty in special warfare service as
specified in the agreement, the Secretary concerned may require
the officer to repay the United States, on a pro rata basis and
to the extent that the Secretary determines conditions and
circumstances warrant, all sums paid the officer under this
section.
``(2) An obligation to repay the United States imposed
under paragraph (1) is for all purposes a debt owed to the
United States.
``(3) A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of an
agreement entered into under subsection (a) does not discharge
the officer signing the agreement from a debt arising under
such agreement or under paragraph (1).
``(i) Regulations.--The Secretaries concerned shall
prescribe regulations to carry out this section, including the
definition of the term `special warfare service' for purposes
of this section. Regulations prescribed by the Secretary of a
military department under this section shall be subject to the
approval of the Secretary of Defense.''.
(2) The table of sections at the beginning of chapter 5 of
title 37, United States Code is amended by adding at the end
the following new item:
``318. Special pay: special warfare officers extending period of active
duty.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 1999.
SEC. 627. AUTHORIZATION OF SURFACE WARFARE OFFICER CONTINUATION PAY.
(a) Incentive Pay Authorized.--(1) Chapter 5 of title 37,
United States Code, is amended by inserting after section 318,
as added by section 626, the following new section:
``Sec. 319. Special pay: surface warfare officer continuation pay
``(a) Eligible Surface Warfare Officer Defined.--In this
section, the term `eligible surface warfare officer' means an
officer of the Regular Navy or Naval Reserve on active duty
who--
``(1) is qualified and serving as a surface warfare
officer;
``(2) has been selected for assignment as a
department head on a surface vessel; and
``(3) has completed any service commitment incurred
through the officer's original commissioning program.
``(b) Special Pay Authorized.--An eligible surface warfare
officer who executes a written agreement to remain on active
duty to complete one or more tours of duty to which the officer
may be ordered as a department head on a surface vessel may,
upon the acceptance of the agreement by the Secretary of the
Navy, be paid an amount not to exceed $50,000.
``(c) Proration.--The term of the written agreement under
subsection (b) and the amount payable under the agreement may
be prorated.
``(d) Payment Methods.--Upon acceptance of the written
agreement under subsection (b) by the Secretary of the Navy,
the total amount payable pursuant to the agreement becomes
fixed. The Secretary shall prepare an implementation plan
specifying the amount of each installment payment under the
agreement and the times for payment of the installments.
``(e) Additional Pay.--Any amount paid under this section
is in addition to any other pay and allowances to which an
officer is entitled.
``(f) Repayment.--(1) If an officer who has entered into a
written agreement under subsection (b) and has received all or
part of the amount payable under the agreement fails to
complete the total period of active duty as a department head
on a surface vessel specified in the agreement, the Secretary
of the Navy may require the officer to repay the United States,
to the extent that the Secretary of the Navy determines
conditions and circumstances warrant, any or all sums paid
under this section.
``(2) An obligation to repay the United States imposed
under paragraph (1) is for all purposes a debt 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.''.
(2) The table of sections at the beginning of chapter 5 of
title 37, United States Code, is amended by inserting after the
item relating to section 318 the following new item:
``319. Special pay: surface warfare officer continuation pay.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 1999.
SEC. 628. AUTHORIZATION OF CAREER ENLISTED FLYER INCENTIVE PAY.
(a) Incentive Pay Authorized.--(1) Chapter 5 of title 37,
United States Code, is amended by inserting after section 319,
as added by section 627, the following new section:
``Sec. 320. Incentive pay: career enlisted flyers
``(a) Eligible Career Enlisted Flyer Defined.--In this
section, the term `eligible career enlisted flyer' means an
enlisted member of the armed forces who--
``(1) is entitled to basic pay under section 204 of
this title, or is entitled to pay under section 206 of
this title as described in subsection (e) of this
section;
``(2) holds an enlisted military occupational
specialty or enlisted military rating designated as a
career enlisted flyer specialty or rating by the
Secretary concerned, performs duty as a dropsonde
system operator, or is in training leading to
qualification and designation of such a specialty or
rating or the performance of such duty;
``(3) is qualified for aviation service under
regulations prescribed by the Secretary concerned; and
``(4) satisfies the operational flying duty
requirements applicable under subsection (c).
``(b) Incentive Pay Authorized.--(1) The Secretary
concerned may pay monthly incentive pay to an eligible career
enlisted flyer in an amount not to exceed the monthly maximum
amounts specified in subsection (d). The incentive pay may be
paid as continuous monthly incentive pay or on a month-to-month
basis, dependent upon the operational flying duty performed by
the eligible career enlisted flyer as prescribed in subsection
(c).
``(2) Continuous monthly incentive pay may not be paid to
an eligible career enlisted flyer after the member completes 25
years of aviation service. Thereafter, an eligible career
enlisted flyer may still receive incentive pay on a month-to-
month basis under subsection (c)(4) for the frequent and
regular performance of operational flying duty.
``(c) Operational Flying Duty Requirements.--(1) An
eligible career enlisted flyer must perform operational flying
duties for 6 of the first 10, 9 of the first 15, and 14 of the
first 20 years of aviation service, to be eligible for
continuous monthly incentive pay under this section.
``(2) Upon completion of 10, 15, or 20 years of aviation
service, an enlisted member who has not performed the minimum
required operational flying duties specified in paragraph (1)
during the prescribed period, although otherwise meeting the
definition in subsection (a), may no longer be paid continuous
monthly incentive pay except as provided in paragraph (3).
Payment of continuous monthly incentive pay may be resumed if
the member meets the minimum operational flying duty
requirement upon completion of the next established period of
aviation service.
``(3) For the needs of the service, the Secretary concerned
may permit, on a case-by-case basis, a member to continue to
receive continuous monthly incentive pay despite the member's
failure to perform the operational flying duty required during
the first 10, 15, or 20 years of aviation service, but only if
the member otherwise meets the definition in subsection (a) and
has performed at least 5 years of operational flying duties
during the first 10 years of aviation service, 8 years of
operational flying duties during the first 15 years of aviation
service, or 12 years of operational flying duty during the
first 20 years of aviation service. The authority of the
Secretary concerned under this paragraph may not be delegated
below the level of the Service Personnel Chief.
``(4) If the eligibility of an eligible career enlisted
flyer to continuous monthly incentive pay ceases under
subsection (b)(2) or paragraph (2), the member may still
receive month-to-month incentive pay for subsequent frequent
and regular performance of operational flying duty. The rate
payable is the same rate authorized by the Secretary concerned
under subsection (d) for a member of corresponding years of
aviation service.
``(d) Monthly Maximum Rates.--The monthly rate of any
career enlisted flyer incentive pay paid under this section to
a member on active duty shall be prescribed by the Secretary
concerned, but may not exceed the following:
``Years of aviation service Monthly rate
4 or less................................................. $150
Over 4.................................................... $225
Over 8.................................................... $350
Over 14................................................... $400.
``(e) Eligibility 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 incentive pay under
section 301(a) of this title or special pay under section 304
of this title may not be paid special pay under this section
for the same period of service.
``(g) Save Pay Provision.--If, immediately before a member
receives incentive pay under this section, the member was
entitled to incentive pay under section 301(a) of this title,
the rate at which the member is paid incentive pay under this
section shall be equal to the higher of the monthly amount
applicable under subsection (d) or the rate of incentive pay
the member was receiving under subsection (b) or (c)(2)(A) of
section 301 of this title.
``(h) Specialty Code of Dropsonde System Operators.--Within
the Air Force, the Secretary of the Air Force shall assign to
members who are dropsonde system operators a specialty code
that identifies such members as serving in a weather specialty.
``(i) Definitions.--In this section:
``(1) The term `aviation service' means
participation in aerial flight performed, under
regulations prescribed by the Secretary concerned, by
an eligible career enlisted flyer.
``(2) The term `operational flying duty' means
flying performed under competent orders while serving
in assignments, including an assignment as a dropsonde
system operator, in which basic flying skills normally
are maintained in the performance of assigned duties as
determined by the Secretary concerned, and flying duty
performed by members in training that leads to the
award of an enlisted aviation rating or military
occupational specialty designated as a career enlisted
flyer rating or specialty by the Secretary
concerned.''.
(2) The table of sections at the beginning of chapter 5 of
title 37, United States Code, is amended by inserting after the
item relating to section 319 the following new item:
``320. Incentive pay: career enlisted flyers.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 1999.
SEC. 629. AUTHORIZATION OF JUDGE ADVOCATE CONTINUATION PAY.
(a) Incentive Pay Authorized.--(1) Chapter 5 of title 37,
United States Code, is amended by inserting after section 320,
as added by section 628, the following new section:
``Sec. 321. Special pay: judge advocate continuation pay
``(a) Eligible Judge Advocate Defined.--In this section,
the term `eligible judge advocate' means an officer of the
armed forces on full-time active duty who--
``(1) is qualified and serving as a judge advocate,
as defined in section 801 of title 10; and
``(2) has completed--
``(A) the active duty service obligation
incurred through the officer's original
commissioning program; or
``(B) in the case of an officer detailed
under section 2004 of title 10 or section 470
of title 14, the active duty service obligation
incurred as part of that detail.
``(b) Special Pay Authorized.--An eligible judge advocate
who executes a written agreement to remain on active duty for a
period of obligated service specified in the agreement may,
upon the acceptance of the agreement by the Secretary
concerned, be paid continuation pay under this section. The
total amount paid to an officer under one or more agreements
under this section may not exceed $60,000.
``(c) Proration.--The term of an agreement under subsection
(b) and the amount payable under the agreement may be prorated.
``(d) Payment Methods.--Upon acceptance of an agreement
under subsection (b) by the Secretary concerned, the total
amount payable pursuant to the agreement becomes fixed. The
Secretary shall prepare an implementation plan specifying the
amount of each installment payment under the agreement and the
times for payment of the installments.
``(e) Additional Pay.--Any amount paid to an officer under
this section is in addition to any other pay and allowances to
which the officer is entitled.
``(f) Repayment.--(1) If an officer who has entered into a
written agreement under subsection (b) and has received all or
part of the amount payable under the agreement fails to
complete the total period of active duty specified in the
agreement, the Secretary concerned may require the officer to
repay the United States, to the extent that the Secretary
determines conditions and circumstances warrant, any or all
sums paid under this section.
``(2) An obligation to repay the United States imposed
under paragraph (1) is for all purposes a debt 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.
(c) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 1999.
Subtitle C--Travel and Transportation Allowances
SEC. 631. PROVISION OF LODGING IN KIND FOR RESERVISTS PERFORMING
TRAINING DUTY AND NOT OTHERWISE ENTITLED TO TRAVEL
AND TRANSPORTATION ALLOWANCES.
(a) Provision.--Paragraph (1) of subsection (i) of section
404 of title 37, United States Code, is amended by adding at
the end the following new sentence: ``If transient government
housing is unavailable or inadequate, the Secretary concerned
may provide the member with lodging in kind in the same manner
as members entitled to such allowances under subsection (a).''.
(b) Payment Methods.--Paragraph (3) of such subsection is
amended--
(1) by inserting after ``paragraph (1)'' the
following: ``and expenses of providing lodging in kind
under such paragraph''; and
(2) by adding at the end the following new
sentence: ``Use of Government charge cards is
authorized for payment of these expenses.''.
(c) Decisionmaking.--Such subsection is further amended by
adding at the end the following new paragraph:
``(4) Decisions regarding the availability or adequacy of
government housing at a military installation under paragraph
(1) shall be made by the installation commander.''.
SEC. 632. PAYMENT OF TEMPORARY LODGING EXPENSES FOR MEMBERS MAKING
THEIR FIRST PERMANENT CHANGE OF STATION.
(a) Authority To Pay or Reimburse.--Section 404a(a) of
title 37, United States Code, is amended
(1) in paragraph (1), by striking ``or'' at the
end;
(2) in paragraph (2), by inserting ``or'' after the
semicolon; and
(3) by inserting after paragraph (2) the following
new paragraph:
``(3) in the case of an enlisted member who is
reporting to the member's first permanent duty station,
from the member's home of record or initial technical
school to that first permanent duty station;''.
(b) Duration.--Such section is further amended--
(1) in the second sentence, by striking ``clause
(1)'' and inserting ``paragraph (1) or (3)''; and
(2) in the third sentence, by striking ``clause
(2)'' and inserting ``paragraph (2)''.
SEC. 633. DESTINATION AIRPORT FOR EMERGENCY LEAVE TRAVEL TO CONTINENTAL
UNITED STATES.
Section 411d(b)(1) of title 37, United States Code, is
amended--
(1) in subparagraph (A), by striking ``or'' at the
end;
(2) by redesignating subparagraph (B) as
subparagraph (C); and
(3) by inserting after subparagraph (A) the
following new subparagraph:
``(B) to any airport in the continental United
States to which travel can be arranged at the same or a
lower cost as travel obtained under subparagraph (A);
or''.
Subtitle D--Retired Pay Reform
SEC. 641. REDUX RETIRED PAY SYSTEM APPLICABLE ONLY TO MEMBERS ELECTING
NEW 15-YEAR CAREER STATUS BONUS.
(a) Retired Pay Multiplier.--Paragraph (2) of section
1409(b) of title 10, United States Code, is amended by
inserting after ``July 31, 1986,'' the following: ``has elected
to receive a bonus under section 322 of title 37,''.
(b) Cost-of-Living Adjustments.--(1) Paragraph (2) of
section 1401a(b) of such title is amended by striking ``The
Secretary shall increase the retired pay of each member and
former member who first became a member of a uniformed service
before August 1, 1986,'' and inserting ``Except as otherwise
provided in this subsection, the Secretary shall increase the
retired pay of each member and former member''.
(2) Paragraph (3) of such section is amended by inserting
after ``August 1, 1986,'' the following: ``and has elected to
receive a bonus under section 322 of title 37,''.
(c) Recomputation of Retired Pay at Age 62.--Section 1410
of such title is amended by inserting after ``August 1, 1986,''
the following: ``who has elected to receive a bonus under
section 322 of title 37,''.
SEC. 642. AUTHORIZATION OF 15-YEAR CAREER STATUS BONUS.
(a) Career Service Bonus.--Chapter 5 of title 37, United
States Code, is amended by inserting after section 321, as
added by section 629, the following new section:
``Sec. 322. Special pay: 15-year career status bonus for members
entering service on or after August 1, 1986
``(a) Availability of Bonus.--The Secretary concerned shall
pay a bonus under this section to an eligible career bonus
member if the member--
``(1) elects to receive the bonus under this
section; and
``(2) executes a written agreement (prescribed by
the Secretary concerned) to remain continuously on
active duty until the member has completed 20 years of
active-duty service creditable under section 1405 of
title 10.
``(b) Eligible Career Bonus Member Defined.--In this
section, the term `eligible career bonus member' means a member
of a uniformed service serving on active duty who--
``(1) first became a member on or after August 1,
1986; and
``(2) has completed 15 years of active duty in the
uniformed services (or has received notification under
subsection (e) that the member is about to complete
that duty).
``(c) Election Method.--An election under subsection (a)(1)
shall be made in such form and within such period as the
Secretary concerned may prescribe. An election under that
subsection is irrevocable.
``(d) Amount of Bonus; Payment.--(1) A bonus under this
section shall be paid in a single lump sum of $30,000.
``(2) The bonus shall be paid to an eligible career bonus
member not later than the first month that begins on or after
the date that is 60 days after the date on which the Secretary
concerned receives from the member the election required under
subsection (a)(1) and the written agreement required under
subsection (a)(2), if applicable.
``(e) Notification of Eligibility.--(1) The Secretary
concerned shall transmit to each member who meets the
definition of eligible career bonus member a written
notification of the opportunity of the member to elect to
receive a bonus under this section. The Secretary shall provide
the notification not later than 180 days before the date on
which the member will complete 15 years of active duty.
``(2) The notification shall include the following:
``(A) The procedures for electing to receive the
bonus.
``(B) An explanation of the effects under sections
1401a, 1409, and 1410 of title 10 that such an election
has on the computation of any retired or retainer pay
that the member may become eligible to receive.
``(f) Repayment of Bonus.--(1) If a person paid a bonus
under this section fails to complete a period of active duty
beginning on the date on which the election of the person under
subsection (a)(1) is received and ending on the date on which
the person completes 20 years of active-duty service as
described in subsection (a)(2), the person shall refund to the
United States the amount that bears the same ratio to the
amount of the bonus payment as the uncompleted part of that
period of active-duty service bears to the total period of such
service.
``(2) Subject to paragraph (3), an obligation to reimburse
the United States imposed under paragraph (1) is for all
purposes a debt owed to the United States.
``(3) The Secretary concerned may waive, in whole or in
part, a refund required under paragraph (1) if the Secretary
concerned determines that recovery would be against equity and
good conscience or would be contrary to the best interests of
the United States.
``(4) A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of an
agreement under this section does not discharge the member
signing such agreement from a debt arising under the agreement
or this subsection.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 321 the following new item:
``322. Special pay: 15-year career status bonus for members entering
service on or after August 1, 1986.''.
SEC. 643. CONFORMING AMENDMENTS.
(a) Conforming Amendment to Survivor Benefit Plan
Provision.--(1) Section 1451(h)(3) of title 10, United States
Code, is amended by inserting ``of certain members'' after
``retirement''.
(2) Section 1452(i) of such title is amended by striking
``When the retired pay'' and inserting ``Whenever the retired
pay''.
(b) Related Technical Amendments.--Chapter 71 of such title
is amended as follows:
(1) Section 1401a(b) is amended--
(A) by striking the heading for paragraph
(1) and inserting ``Increase required.--'';
(B) by striking the heading for paragraph
(2) and inserting ``Percentage increase.--'';
and
(C) by striking the heading for paragraph
(3) and inserting ``Reduced percentage for
certain post-august 1, 1986 members.--''.
(2) Section 1409(b)(2) is amended by inserting
``certain'' in the paragraph heading after ``Reduction
applicable to''.
(3)(A) The heading of section 1410 is amended by
inserting ``certain'' before ``members''.
(B) The item relating to such section in the table
of sections at the beginning of such chapter is amended
by inserting ``certain'' before ``members''.
SEC. 644. EFFECTIVE DATE.
The amendments made by sections 641, 642, and 643 shall
take effect on October 1, 1999.
Subtitle E--Other Matters Relating to Military Retirees and Survivors
SEC. 651. REPEAL OF REDUCTION IN RETIRED PAY FOR MILITARY RETIREES
EMPLOYED IN CIVILIAN POSITIONS.
(a) Repeal.--(1) Section 5532 of title 5, United States
Code, is repealed.
(2) The table of sections at the beginning of chapter 55 of
such title is amended by striking the item relating to section
5532.
(b) Contributions to Department of Defense Military
Retirement Fund.--Section 1466 of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(c)(1) The Secretary of Defense shall pay into the Fund
at the beginning of each fiscal year such amount as may be
necessary to pay the cost to the Fund for that fiscal year
resulting from the repeal, as of October 1, 1999, of section
5532 of title 5, including any actuarial loss to the Fund
resulting from increased benefits paid from the Fund that are
not fully covered by the payments made to the Fund for that
fiscal year under subsections (a) and (b).
``(2) Amounts paid into the Fund under this subsection
shall be paid from funds available for the pay of members of
the armed forces under the jurisdiction of the Secretary of a
military department.
``(3) The Department of Defense Retirement Board of
Actuaries shall determine, for each armed force, the amount
required under paragraph (1) to be deposited in the Fund each
fiscal year.''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 1999.
SEC. 652. PRESENTATION OF UNITED STATES FLAG TO RETIRING MEMBERS OF THE
UNIFORMED SERVICES NOT PREVIOUSLY COVERED.
(a) Nonregular Service Military Retirees.--(1) Chapter 1217
of title 10, United States Code, is amended by adding at the
end the following new section:
``Sec. 12605. Presentation of United States flag: members transferred
from an active status or discharged after
completion of eligibility for retired pay
``(a) Presentation of Flag.--Upon the transfer from an
active status or discharge of a Reserve who has completed the
years of service required for eligibility for retired pay under
chapter 1223 of this title, the Secretary concerned shall
present a United States flag to the member.
``(b) Multiple Presentations Not Authorized.--A member is
not eligible for presentation of a flag under subsection (a) if
the member has previously been presented a flag under this
section or any provision of law providing for the presentation
of a United States flag incident to release from active service
for retirement.
``(c) No Cost to Recipient.--The presentation of a flag
under this section shall be at no cost to the recipient.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``12605. Presentation of United States flag: members transferred from an
active status or discharged after completion of eligibility
for retired pay.''.
(b) Public Health Service.--Title II of the Public Health
Service Act is amended by inserting after section 212 (42
U.S.C. 213) the following new section:
``presentation of united states flag upon retirement
``Sec. 213. (a) Presentation of Flag.--Upon the release of
an officer of the commissioned corps of the Service from active
commissioned service for retirement, the Secretary of Health
and Human Services shall present a United States flag to the
officer.
``(b) Multiple Presentations Not Authorized.--An officer is
not eligible for presentation of a flag under subsection (a) if
the officer has previously been presented a flag under this
section or any other provision of law providing for the
presentation of a United States flag incident to release from
active service for retirement.
``(c) No Cost to Recipient.--The presentation of a flag
under this section shall be at no cost to the recipient.''.
(c) National Oceanic and Atmospheric Administration.--The
Coast and Geodetic Survey Commissioned Officers' Act of 1948 is
amended by inserting after section 24 (33 U.S.C. 853u) the
following new section:
``Sec. 25. (a) Presentation of Flag Upon Retirement.--Upon
the release of a commissioned officer from active commissioned
service for retirement, the Secretary of Commerce shall present
a United States flag to the officer.
``(b) Multiple Presentations Not Authorized.--An officer is
not eligible for presentation of a flag under subsection (a) if
the officer has previously been presented a flag under this
section or any other provision of law providing for the
presentation of a United States flag incident to release from
active service for retirement.
``(c) No Cost to Recipient.--The presentation of a flag
under this section shall be at no cost to the recipient.''.
(d) Effective Date.--Section 12605 of title 10, United
States Code (as added by subsection (a)), section 213 of the
Public Health Service Act (as added by subsection (b)), and
section 25 of the Coast and Geodetic Survey Commissioned
Officers' Act of 1948 (as added by subsection (c)) shall apply
with respect to releases from service described in those
sections on or after October 1, 1999.
(e) Conforming Amendments to Prior Law.--Sections 3681(b),
6141(b), and 8681(b) of title 10, United States Code, and
section 516(b) of title 14, United States Code, are each
amended by striking ``under this section'' and all that follows
through the period and inserting ``under this section or any
other provision of law providing for the presentation of a
United States flag incident to release from active service for
retirement.''.
SEC. 653. DISABILITY RETIREMENT OR SEPARATION FOR CERTAIN MEMBERS WITH
PRE-EXISTING CONDITIONS.
(a) Disability Retirement.--(1) Chapter 61 of title 10,
United States Code, is amended by inserting after section 1207
the following new section:
``Sec. 1207a. Members with over eight years of active service:
eligibility for disability retirement for pre-
existing conditions
``(a) In the case of a member described in subsection (b)
who would be covered by section 1201, 1202, or 1203 of this
title but for the fact that the member's disability is
determined to have been incurred before the member became
entitled to basic pay in the member's current period of active
duty, the disability shall be deemed to have been incurred
while the member was entitled to basic pay and shall be so
considered for purposes of determining whether the disability
was incurred in the line of duty.
``(b) A member described in subsection (a) is a member with
at least eight years of active service.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1207
the following new item:
``1207a. Members with over eight years of active service: eligibility
for disability retirement for pre-existing conditions.''.
(b) Nonregular Service Retirement.--(1) Chapter 1223 of
such title is amended by inserting after section 12731a the
following new section:
``Sec. 12731b. Special rule for members with physical disabilities not
incurred in line of duty
``(a) In the case of a member of the Selected Reserve of a
reserve component who no longer meets the qualifications for
membership in the Selected Reserve solely because the member is
unfit because of physical disability, the Secretary concerned
may, for purposes of section 12731 of this title, determine to
treat the member as having met the service requirements of
subsection (a)(2) of that section and provide the member with
the notification required by subsection (d) of that section if
the member has completed at least 15, and less than 20, years
of service computed under section 12732 of this title.
``(b) Notification under subsection (a) may not be made
if--
``(1) the disability was the result of the member's
intentional misconduct, willful neglect, or willful
failure to comply with standards and qualifications for
retention established by the Secretary concerned; or
``(2) the disability was incurred during a period
of unauthorized absence.''
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
12731a the following new item:
``12731b. Special rule for members with physical disabilities not
incurred in line of duty.''.
(c) Separation.--Section 1206(5) of such title is amended
by inserting ``, in the case of a disability incurred before
the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2000,'' after ``determination, and''.
SEC. 654. CREDIT TOWARD PAID-UP SBP COVERAGE FOR MONTHS COVERED BY
MAKE-UP PREMIUM PAID BY PERSONS ELECTING SBP
COVERAGE DURING SPECIAL OPEN ENROLLMENT PERIOD.
Section 642 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
Stat. 2045; 10 U.S.C. 1448 note) is amended--
(1) by redesignating subsection (h) as subsection
(i); and
(2) by inserting after subsection (g) the following
new subsection (h):
``(h) Credit Toward Paid-Up Coverage.--Upon payment of the
total amount of the premiums charged a person under subsection
(g), the retired pay of a person participating in the Survivor
Benefit Plan pursuant to an election under this section shall
be treated, for the purposes of subsection (j) of section 1452
of title 10, United States Code, as having been reduced under
such section 1452 for the months in the period for which the
person's retired pay would have been reduced if the person had
elected to participate in the Survivor Benefit Plan at the
first opportunity that was afforded the person to
participate.''.
SEC. 655. PAID-UP COVERAGE UNDER RETIRED SERVICEMAN'S FAMILY PROTECTION
PLAN.
(a) Conditions.--Subchapter I of chapter 73 of title 10,
United States Code, is amended by inserting after section 1436
the following new section:
``Sec. 1436a. Coverage paid up at 30 years and age 70
``Effective October 1, 2008, a reduction under this
subchapter in the retired or retainer pay of a person electing
an annuity under this subchapter may not be made for any month
after the later of--
``(1) the month that is the 360th month for which
that person's retired or retainer pay is reduced
pursuant to such an election; and
``(2) the month during which that person attains 70
years of age.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after the
item relating to section 1436 the following new item:
``1436a. Coverage paid up at 30 years and age 70.''.
SEC. 656. EXTENSION OF AUTHORITY FOR PAYMENT OF ANNUITIES TO CERTAIN
MILITARY SURVIVING SPOUSES.
(a) Coverage of Surviving Spouses of All ``Gray-Area''
Retirees.--Subsection (a)(1)(B) section 644 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 111 Stat. 1800; 10 U.S.C. 1448 note) is amended by striking
``during the period beginning on September 21, 1972, and ending
on'' and inserting ``before''.
(b) Permanent Authority for Payment of Annuities.--
Subsection (f) of such section is repealed.
(c) Effective Date.--The amendment made by subsection (a)
shall apply with respect to annuities payable for months
beginning after September 30, 1999.
SEC. 657. EFFECTUATION OF INTENDED SBP ANNUITY FOR FORMER SPOUSE WHEN
NOT ELECTED BY REASON OF UNTIMELY DEATH OF RETIREE.
(a) Cases Not Covered by Existing Authority.--Paragraph (3)
of section 1450(f) of title 10, United States Code, as in
effect on the date of the enactment of this Act, shall apply in
the case of a former spouse of any person referred to in that
paragraph who--
(1) incident to a proceeding of divorce,
dissolution, or annulment--
(A) entered into a written agreement on or
after August 21, 1983, to make an election
under section 1448(b) of such title to provide
an annuity to the former spouse (the agreement
thereafter having been incorporated in or
ratified or approved by a court order or filed
with the court of appropriate jurisdiction in
accordance with applicable State law); or
(B) was required by a court order dated on
or after such date to make such an election for
the former spouse; and
(2) before making the election, died within 21 days
after the date of the agreement referred to in
paragraph (1)(A) or the court order referred to in
paragraph (1)(B), as the case may be.
(b) Adjusted Time Limit for Request by Former Spouse.--For
the purposes of paragraph (3)(C) of section 1450(f) of title
10, United States Code, a court order or filing referred to in
subsection (a)(1) of this section that is dated before October
19, 1984, shall be deemed to be dated on the date of the
enactment of this Act.
SEC. 658. SPECIAL COMPENSATION FOR SEVERELY DISABLED UNIFORMED SERVICES
RETIREES.
(a) Authority.--(1) Chapter 71 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1413. Special compensation for certain severely disabled
uniformed services retirees
``(a) Authority.--The Secretary concerned shall pay to each
eligible disabled uniformed services retiree a monthly amount
determined under subsection (b).
``(b) Amount.--The amount to be paid to an eligible
disabled uniformed services retiree in accordance with
subsection (a) is the following:
``(1) For any month for which the retiree has a
qualifying service-connected disability rated as total,
$300.
``(2) For any month for which the retiree has a
qualifying service-connected disability rated as 90
percent, $200.
``(3) For any month for which the retiree has a
qualifying service-connected disability rated as 80
percent or 70 percent, $100.
``(c) Eligible Members.--An eligible disabled uniformed
services retiree referred to in subsection (a) is a member of
the uniformed services in a retired status (other than a member
who is retired under chapter 61 of this title) who--
``(1) completed at least 20 years of service in the
uniformed services that are creditable for purposes of
computing the amount of retired pay to which the member
is entitled; and
``(2) has a qualifying service-connected
disability.
``(d) Qualifying Service-Connected Disability Defined.--In
this section, the term `qualifying service-connected
disability' means a service-connected disability that--
``(1) was incurred or aggravated in the performance
of duty as a member of a uniformed service, as
determined by the Secretary concerned; and
``(2) is rated as not less than 70 percent
disabling--
``(A) by the Secretary concerned as of the
date on which the member is retired from the
uniformed services; or
``(B) by the Secretary of Veterans Affairs
within four years following the date on which
the member is retired from the uniformed
services.
``(e) Status of Payments.--Payments under this section are
not retired pay.
``(f) Source of Funds.--Payments under this section for any
fiscal year shall be paid out of funds appropriated for pay and
allowances payable by the Secretary concerned for that fiscal
year.
``(g) Other Definitions.--In this section:
``(1) The term `service-connected' has the meaning
give that term in section 101 of title 38.
``(2) The term `disability rated as total' means--
``(A) a disability that is rated as total
under the standard schedule of rating
disabilities in use by the Department of
Veterans Affairs; or
``(B) a disability for which the scheduled
rating is less than total but for which a
rating of total is assigned by reason of
inability of the disabled person concerned to
secure or follow a substantially gainful
occupation as a result of service-connected
disabilities.
``(3) The term `retired pay' includes retainer pay,
emergency officers' retirement pay, and naval
pension.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``1413. Special compensation for certain severely disabled uniformed
services retirees.''.
(b) Effective 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.
Subtitle F--Eligibility to Participate in the Thrift Savings Plan
SEC. 661. PARTICIPATION IN THRIFT SAVINGS PLAN.
(a) Participation Authority.--(1)(A) Chapter 3 of title 37,
United States Code, is amended by adding at the end the
following:
``Sec. 211. Participation in Thrift Savings Plan
``(a) Definition.--In this section, the term `member'
means--
``(1) a member of the uniformed services serving on
active duty; and
``(2) a member of the Ready Reserve in any pay
status.
``(b) Authority.--Any member may participate in the Thrift
Savings Plan in accordance with section 8440e of title 5.
``(c) Rule of Construction Regarding Separation.--For
purposes of subchapters III and VII of chapter 84 of title 5,
each of the following actions shall, in the case of a member
participating in the Thrift Savings Plan in accordance with
section 8440e of such title, be considered a separation from
Government employment:
``(1) Release of the member from active duty, not
followed, before the end of the 31-day period beginning
on the day following the effective date of the release,
by--
``(A) a resumption of active duty; or
``(B) an appointment to a position covered
by chapter 83 or 84 of title 5 or an equivalent
retirement system, as identified by the
Executive Director (appointed by the Federal
Retirement Thrift Investment Board) in
regulations.
``(2) Transfer of the member to inactive status, or
to a retired list pursuant to any provision of title
10.''.
(B) The table of sections at the beginning of such chapter
is amended by adding at the end the following:
``211. Participation in Thrift Savings Plan.''.
(2)(A) Subchapter III of chapter 84 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 8440e. Members of the uniformed services
``(a) For purposes of this section--
``(1) the term `member' has the meaning given such
term by section 211 of title 37; and
``(2) the term `basic pay' means basic pay payable
under section 204 of title 37.
``(b)(1) Any member eligible to participate in the Thrift
Savings Plan by virtue of section 211(b) of title 37 may
contribute to the Thrift Savings Fund.
``(2)(A) Except as provided in subparagraph (B), an
election to contribute to the Thrift Savings Fund under this
section may be made only during a period provided under section
8432(b), subject to the same conditions as prescribed under
paragraph (2)(A)-(D) thereof.
``(B)(i) Notwithstanding subparagraph (A), any individual
who is a member as of the effective date described in paragraph
(1) of section 663(a) of the National Defense Authorization Act
for Fiscal Year 2000 (or, if applicable, paragraph (2) thereof)
may make the first such election during the 60-day period
beginning on such effective date.
``(ii) An election made under this subparagraph shall take
effect on the first day of the first applicable pay period
beginning after the close of the 60-day period referred to in
clause (i).
``(c) Except as otherwise provided in this section, the
provisions of this subchapter and subchapter VII shall apply
with respect to members making contributions to the Thrift
Savings Fund, and such members shall, for purposes of this
subchapter and subchapter VII, be considered employees within
the meaning of section 8401(11).
``(d)(1)(A) The amount contributed by a member described in
section 211(a)(1) of title 37 for any pay period out of basic
pay may not exceed 5 percent of such member's basic pay for
such pay period.
``(B) The amount contributed by a member described in
section 211(a)(2) of title 37 for any pay period out of any
compensation received under section 206 of title 37 may not
exceed 5 percent of such compensation, payable to such member
for such pay period.
``(2) A member making contributions to the Thrift Savings
Fund out of basic pay, or out of compensation under section 206
of title 37, may also contribute (by direct transfer to the
Fund) any part of any special or incentive pay that such member
receives under chapter 5 of title 37.
``(3) Nothing in this section or section 211 of title 37
shall be considered to waive any dollar limitation under the
Internal Revenue Code of 1986 which otherwise applies with
respect to the Thrift Savings Fund.
``(e) Except as provided in section 211(d) of title 37, no
contribution under section 8432(c) of this title may be made
for the benefit of a member making contributions to the Thrift
Savings Fund under this section.''.
(B) The table of sections at the beginning of chapter 84 of
title 5, United States Code, is amended by adding after the
item relating to section 8440d the following:
``8440e. Members of the uniformed services.''.
(3)(A) Section 8432b(b)(2)(B) of title 5, United States
Code, is amended by inserting ``or 8440e'' after ``section
8432(a)''.
(B)(i) Section 8351(b) of title 5, United States Code, is
amended by redesignating paragraph (11) as paragraph (8).
(ii) Subparagraph (A) of section 8351(b)(8) of such title 5
(as so redesignated by clause (i)) is amended by striking the
semicolon and inserting the following: ``, except that the
reference in section 8432b(b)(2)(B) to employee contributions
under section 8432(a) shall be considered a reference to
employee contributions under this subchapter and section
8440e;''.
(C) Subsection (c) of section 8432b of such title 5 is
amended by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, by striking ``(c)''
and inserting ``(c)(1)'', and by adding at the end the
following:
``(2) An employee to whom this section applies is entitled
to have contributed to the Thrift Savings Fund on such
employee's behalf an amount equal to--
``(A) the total contributions to which that
individual would have been entitled under section
8432(c)(2), based on the amounts contributed by such
individual under section 8440e (other than under
subsection (d)(2) thereof) with respect to the period
referred to in subsection (b)(2)(B), if those amounts
had been contributed by such individual under section
8432(a); reduced by
``(B) any contributions actually made on such
employee's behalf under section 8432(c)(2) (including
pursuant to an agreement under section 211(d) of title
37) with respect to the period referred to in
subsection (b)(2)(B).''.
(4) Subsections (g)(1) and (h)(3) of section 8433 of title
5, United States Code, are each amended by striking ``under
section 8432(a) of this title''.
(5) Section 8439(a) of title 5, United States Code, is
amended--
(A) in paragraph (1), by striking ``under section
8432(c)(1) of this title'' and ``under section 8351 of
this title'';
(B) in paragraph (2)(A)(i), by striking all after
``individual'' and inserting a semicolon; and
(C) in paragraph (2)(A)(ii), by striking all after
``individual'' and inserting ``; and''.
(6) Section 8473 of title 5, United States Code, is
amended--
(A) in subsection (a), by striking ``14 members''
and inserting ``15 members''; and
(B) in subsection (b)--
(i) by striking ``14 members'' and
inserting ``15 members'';
(ii) by striking ``and'' at the end of
paragraph (8);
(iii) by striking the period at the end of
paragraph (9) and inserting ``; and''; and
(iv) by adding at the end the following:
``(10) 1 shall be appointed to represent
participants (under section 8440e) who are members of
the uniformed services.''.
(b) Regulations.--Not later than the date on which
qualifying offsetting legislation (as defined in section
663(b)) is enacted or 180 days after the date of the enactment
of this Act, whichever is later, the Executive Director
(appointed by the Federal Retirement Thrift Investment Board)
shall issue regulations to implement the amendments made by
this subtitle.
SEC. 662. SPECIAL RETENTION INITIATIVE.
Section 211 of title 37, United States Code, as added by
section 661, is amended by adding at the end the following:
``(d) Agency Contributions for Retention in Critical
Specialties.--(1) The Secretary concerned may enter into an
agreement with a member to make contributions to the Thrift
Savings Fund for the benefit of the member if the member--
``(A) is in a specialty designated by the Secretary
as critical to meet requirements (whether such
specialty is designated as critical to meet wartime or
peacetime requirements); and
``(B) commits in such agreement to continue to
serve on active duty in that specialty for a period of
6 years.
``(2) Under any agreement entered into with a member under
paragraph (1), the Secretary shall make contributions to the
Fund for the benefit of the member for each pay period of the
6-year period of the agreement for which the member makes a
contribution to the Fund under section 8440e of title 5 (other
than under subsection (d)(2) thereof). Paragraph (2) of section
8432(c) of title 5 applies to the Secretary's obligation to
make contributions under this paragraph, except that the
reference in such paragraph (2) to contributions under
paragraph (1) of such section 8432(c) does not apply.''.
SEC. 663. EFFECTIVE DATE.
(a) Applicability.--(1) Except as provided in paragraph
(2), the authority of members to participate in the Thrift
Savings Plan under section 211 of title 37, United States Code
(as amended by this subtitle) shall take effect on the date on
which qualifying offsetting legislation (as defined in
subsection (b)) is enacted or 1 year after the date of the
enactment of this Act, whichever is later. As used in the
preceding sentence, the term ``member'' has the meaning given
such term by section 211 of such title 37 (as so amended).
(2)(A) The Secretary of Defense may postpone the authority
of members of the Ready Reserve to so participate in the Thrift
Savings Plan until 180 days after the date that would otherwise
apply under paragraph (1) if the Secretary, after consultation
with the Executive Director (appointed by the Federal
Retirement Thrift Investment Board), determines that permitting
such members to participate in the Thrift Savings Plan
beginning on the date that would otherwise apply under
paragraph (1) would place an excessive burden on the
administrative capacity of the Board to accommodate
participants in the Thrift Savings Plan.
(B) The Secretary shall notify the congressional defense
committees, the Committee on Government Reform of the House of
Representatives, and the Committee on Governmental Affairs of
the Senate of any determination made under subparagraph (A).
(b) Effectiveness Contingent on Offsetting Legislation.--
(1) The amendments made by this subtitle shall be effective
only if--
(A) the President, in the budget of the President
for fiscal year 2001, proposes legislation which, if
enacted, would be qualifying offsetting legislation;
and
(B) there is enacted during the second session of
the 106th Congress qualifying offsetting legislation.
The preceding sentence shall not apply with respect to the
amendment made by section 661(a)(3)(B)(i).
(2) For purposes of this subtitle:
(A) The term ``qualifying offsetting legislation''
means legislation (other than an appropriations Act)
that includes provisions that--
(i) offset fully the decreased revenues for
each of fiscal years 2000 through 2009 to be
made by reason of the amendments made by this
subtitle;
(ii) expressly state that they are enacted
for the purpose of the offset described in
clause (i); and
(iii) are included in full on the PayGo
scorecard.
(B) The term ``PayGo scorecard'' means the
estimates that are made with respect to fiscal years
through fiscal year 2009 by the Director of the
Congressional Budget Office and the Director of the
Office of Management and Budget under section 252(d) of
the Balanced Budget and Emergency Deficit Control Act
of 1985.
Subtitle G--Other Matters
SEC. 671. PAYMENT FOR UNUSED LEAVE IN CONJUNCTION WITH A REENLISTMENT.
Section 501 of title 37, United States Code, is amended--
(1) in subsection (a)(1), by inserting ``,
termination of an enlistment in conjunction with the
commencement of a successive enlistment (without regard
to the date of the expiration of the term of the
enlistment being terminated),'' after ``honorable
conditions''; and
(2) in subsection (b)(2), by striking ``, or
entering into an enlistment,''.
SEC. 672. CLARIFICATION OF PER DIEM ELIGIBILITY FOR MILITARY
TECHNICIANS (DUAL STATUS) SERVING ON ACTIVE DUTY
WITHOUT PAY OUTSIDE THE UNITED STATES.
(a) Authority To Provide Per Diem Allowance.--Section
1002(b) of title 37, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new
paragraph:
``(2) If a military technician (dual status), as described
in section 10216 of title 10, is performing active duty without
pay while on leave from technician employment, as authorized by
section 6323(d) of title 5, the Secretary concerned may
authorize the payment of a per diem allowance to the military
technician in lieu of commutation for subsistence and quarters
under paragraph (1).''.
(b) Types of Overseas Operations.--Section 6323(d)(1) of
title 5, United States Code, is amended by striking
``noncombat''.
(c) Effective Date.--The amendment made by subsection (a)
shall be effective as of February 10, 1996, as if included in
section 1039 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 432).
SEC. 673. ANNUAL REPORT ON EFFECTS OF INITIATIVES ON RECRUITMENT AND
RETENTION.
(a) Report Required.--(1) Chapter 19 of title 37, United
States Code, is amended by adding at the end the following new
section:
``Sec. 1015. Annual report on effects of recruitment and retention
initiatives
``Not later than December 1 of each year, the Secretary of
Defense shall submit to Congress a report that sets forth the
Secretary's assessment of the effects that the improvements to
compensation and other personnel benefits made by title VI of
the National Defense Authorization Act for Fiscal Year 2000 are
having on the recruitment of persons to join the armed forces
and the retention of members of the armed forces.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``1015. Annual report on effects of recruitment and retention
initiatives.''.
(b) First Report.--The first report under section 1015 of
title 37, United States Code, as added by subsection (a), shall
be submitted not later than December 1, 2000.
SEC. 674. OVERSEAS SPECIAL SUPPLEMENTAL FOOD PROGRAM.
(a) Program and Benefits.--Subsection (a) of section 1060a
of title 10, United States Code, is amended by striking
``Authority.--The Secretary of Defense may carry out a program
to provide special supplemental food benefits'' and inserting
``Program Required.--The Secretary of Defense shall carry out a
program to provide supplemental foods and nutrition
education''.
(b) Funding Source.--Subsection (b) of such section is
amended to read as follows:
``(b) Funding Mechanism.--The Secretary of Defense shall
use funds available for the Department of Defense to carry out
the program under subsection (a).''.
(c) Program Administration.--Subsection (c) of such section
is amended--
(1) in paragraph (1)(A), by adding at the end the
following new sentence: ``In determining eligibility
for benefits, a person already certified for
participation in the special supplemental nutrition
program for women, infants, and children under such
section 17 shall be considered eligible for the
duration of the certification period under that special
supplemental nutrition program.'';
(2) by striking paragraph (1)(B) and inserting the
following:
``(B) In determining eligibility for families of
individuals participating in the program under this section,
the Secretary of Defense shall, to the extent practicable, use
the criterion described in subparagraph (A), including
nutritional risk standards. The Secretary shall also consider
the value of housing in kind provided to the individual when
determining program eligibility.'';
(3) in paragraph (2), by adding before the period
at the end the following: ``, particularly with respect
to nutrition education''; and
(4) by adding at the end the following new
paragraph:
``(3) The Secretary of Agriculture shall provide technical
assistance to the Secretary of Defense, if so requested by the
Secretary of Defense, for the purpose of carrying out the
program under subsection (a).''.
(d) Definitions.--Subsection (f) of such section is amended
by adding at the end the following new paragraph:
``(4) The terms `nutrition education' and
`supplemental foods' have the meanings given the terms
in section 17(b) of the Child Nutrition Act of 1966 (42
U.S.C. 1786(b)).''.
(e) Conforming Amendment.--Section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786) is amended by adding at
the end the following new subsection:
``(q) The Secretary of Agriculture shall provide technical
assistance to the Secretary of Defense, if so requested by the
Secretary of Defense, for the purpose of carrying out the
overseas special supplemental food program established under
section 1060a(a) of title 10, United States Code.''.
SEC. 675. TUITION ASSISTANCE FOR MEMBERS DEPLOYED IN A CONTINGENCY
OPERATION.
Section 2007(a) of title 10, United States Code, is
amended--
(1) in paragraph (2), by striking ``and'';
(2) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following new
paragraph:
``(4) in the case of a member serving in a
contingency operation or similar operational mission
(other than for training) designated by the Secretary
concerned, all of the charges may be paid.''.
SEC. 676. ADMINISTRATION OF SELECTED RESERVE EDUCATION LOAN REPAYMENT
PROGRAM FOR COAST GUARD RESERVE.
Section 16301 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(g) The Secretary of Transportation may repay loans
described in subsection (a)(1) and otherwise administer this
section in the case of members of the Selected Reserve of the
Coast Guard Reserve when the Coast Guard is not operating as a
service in the Navy.''.
SEC. 677. SENSE OF CONGRESS REGARDING TREATMENT UNDER INTERNAL REVENUE
CODE OF MEMBERS RECEIVING HOSTILE FIRE OR IMMINENT
DANGER SPECIAL PAY DURING CONTINGENCY OPERATIONS.
It is the sense of Congress that a member of the Armed
Forces who is receiving special pay under section 310 of title
37, United States Code, while assigned to duty in support of a
contingency operation should be treated under the Internal
Revenue Code of 1986 in the same manner as a member of the
Armed Forces serving in a combat zone (as defined in section
112 of the Internal Revenue Code of 1986).
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Pharmacy benefits program.
Sec. 702. Provision of chiropractic health care.
Sec. 703. Provision of domiciliary and custodial care for certain
CHAMPUS beneficiaries.
Sec. 704. Enhancement of dental benefits for retirees.
Sec. 705. Medical and dental care for certain members incurring injuries
on inactive-duty training.
Sec. 706. Health care at former uniformed services treatment facilities
for active duty members stationed at certain remote locations.
Sec. 707. Open enrollment demonstration program.
Subtitle B--TRICARE Program
Sec. 711. Expansion and revision of authority for dental programs for
dependents and reserves.
Sec. 712. Improvement of access to health care under the TRICARE
program.
Sec. 713. Improvements to claims processing under the TRICARE program.
Sec. 714. Authority to waive certain TRICARE deductibles.
Sec. 715. TRICARE beneficiary counseling and assistance coordinators.
Sec. 716. Improvement of TRICARE management; improvements to third-party
payer collection program.
Sec. 717. Comparative report on health care coverage under the TRICARE
program.
Subtitle C--Other Matters
Sec. 721. Forensic pathology investigations by Armed Forces Medical
Examiner.
Sec. 722. Best value contracting.
Sec. 723. Health care quality information and technology enhancement.
Sec. 724. Joint telemedicine and telepharmacy demonstration projects by
the Department of Defense and Department of Veterans Affairs.
Sec. 725. Program-year stability in health care benefits.
Sec. 726. Study on joint operations for the Defense Health Program.
Sec. 727. Trauma training center.
Sec. 728. Sense of Congress regarding automatic enrollment of medicare-
eligible beneficiaries in the TRICARE Senior Prime
demonstration project.
Subtitle A--Health Care Services
SEC. 701. PHARMACY BENEFITS PROGRAM.
(a) In General.--(1) Chapter 55 of title 10, United States
Code, is amended by inserting after section 1074f the following
new section:
``Sec. 1074g. Pharmacy benefits program
``(a) Pharmacy Benefits.--(1) The Secretary of Defense,
after consulting with the other administering Secretaries,
shall establish an effective, efficient, integrated pharmacy
benefits program under this chapter (hereinafter in this
section referred to as the `pharmacy benefits program').
``(2)(A) The pharmacy benefits program shall include a
uniform formulary of pharmaceutical agents, which shall assure
the availability of pharmaceutical agents in the complete range
of therapeutic classes. The selection for inclusion on the
uniform formulary of particular pharmaceutical agents in each
therapeutic class shall be based on the relative clinical and
cost effectiveness of the agents in such class.
``(B) In considering the relative clinical effectiveness of
agents under subparagraph (A), the Secretary shall presume
inclusion in a therapeutic class of a pharmaceutical agent,
unless the Pharmacy and Therapeutics Committee established
under subsection (b) finds that a pharmaceutical agent does not
have a significant, clinically meaningful therapeutic advantage
in terms of safety, effectiveness, or clinical outcome over the
other drugs included on the uniform formulary.
``(C) In considering the relative cost effectiveness of
agents under subparagraph (A), the Secretary shall rely on the
evaluation by the Pharmacy and Therapeutics Committee of the
costs of agents in a therapeutic class in relation to the
safety, effectiveness, and clinical outcomes of such agents.
``(D) The Secretary shall establish procedures for the
selection of particular pharmaceutical agents for the uniform
formulary. Such procedures shall be established so as best to
accomplish, in the judgment of the Secretary, the objectives
set forth in paragraph (1). No pharmaceutical agent may be
excluded from the uniform formulary except upon the
recommendation of the Pharmacy and Therapeutics Committee. The
Secretary shall begin to implement the uniform formulary not
later than October 1, 2000.
``(E) Pharmaceutical agents included on the uniform
formulary shall be available to eligible covered beneficiaries
through--
``(i) facilities of the uniformed services,
consistent with the scope of health care services
offered in such facilities;
``(ii) retail pharmacies designated or eligible
under the TRICARE program or the Civilian Health and
Medical Program of the Uniformed Services to provide
pharmaceutical agents to covered beneficiaries; or
``(iii) the national mail-order pharmacy program.
``(3) The pharmacy benefits program shall assure the
availability of clinically appropriate pharmaceutical agents to
members of the armed forces, including, where appropriate,
agents not included on the uniform formulary described in
paragraph (2).
``(4) The pharmacy benefits program may provide that prior
authorization be required for certain pharmaceutical agents to
assure that the use of such agents is clinically appropriate.
``(5) The pharmacy benefits program shall assure the
availability to eligible covered beneficiaries of
pharmaceutical agents not included on the uniform formulary.
Such pharmaceutical agents shall be available through at least
one of the means described in paragraph (2)(E) under terms and
conditions that may include cost sharing by the eligible
covered beneficiary in addition to any such cost sharing
applicable to agents on the uniform formulary.
``(6) The Secretary, as part of the regulations established
under subsection (g), may establish cost sharing requirements
(which may be established as a percentage or fixed dollar
amount) under the pharmacy benefits program for generic,
formulary, and nonformulary agents. For nonformulary agents,
cost sharing shall be consistent with common industry practice
and not in excess of amounts generally comparable to 20 percent
for beneficiaries covered by section 1079 of this title or 25
percent for beneficiaries covered by section 1086 of this
title.
``(7) The Secretary shall establish procedures for eligible
covered beneficiaries to receive pharmaceutical agents not
included on the uniform formulary, but, considered to be
clinically necessary. Such procedures shall include peer review
procedures under which the Secretary may determine that there
is a clinical justification for the use of a pharmaceutical
agent that is not on the uniform formulary, in which case the
pharmaceutical agent shall be provided under the same terms and
conditions as an agent on the uniform formulary. Such
procedures shall also include an expeditious appeals process
for an eligible covered beneficiary, or a network or uniformed
provider on behalf of the beneficiary, to establish clinical
justification for the use of a pharmaceutical agent that is not
on the uniform formulary.
``(8) In carrying out this subsection, the Secretary shall
ensure that an eligible covered beneficiary may continue to
receive coverage for any maintenance pharmaceutical that is not
on the uniform formulary and that was prescribed for the
beneficiary before the date of the enactment of this section
and stabilized the medical condition of the beneficiary.
``(b) Establishment of Committee.--(1) The Secretary of
Defense shall, in consultation with the Secretaries of the
military departments, establish a Pharmacy and Therapeutics
Committee for the purpose of developing the uniform formulary
of pharmaceutical agents required by subsection (a), reviewing
such formulary on a periodic basis, and making additional
recommendations regarding the formulary as the committee
determines necessary and appropriate. The committee shall
include representatives of pharmacies of the uniformed services
facilities, contractors responsible for the TRICARE retail
pharmacy program, contractors responsible for the national
mail-order pharmacy program, providers in facilities of the
uniformed services, and TRICARE network providers. Committee
members shall have expertise in treating the medical needs of
the populations served through such entities and in the range
of pharmaceutical and biological medicines available for
treating such populations. The committee shall function under
procedures established by the Secretary under the regulations
required by subsection (g).
``(2) Not later than 90 days after the establishment of the
Pharmacy and Therapeutics Committee by the Secretary, the
committee shall convene to design a proposed uniform formulary
for submission to the Secretary. After such 90-day period, the
committee shall meet at least quarterly and shall, during
meetings, consider for inclusion on the uniform formulary under
the standards established in subsection (a) any drugs newly
approved by the Food and Drug Administration.
``(c) Advisory Panel.--(1) Concurrent with the
establishment of the Pharmacy and Therapeutics Committee under
subsection (b), the Secretary shall establish a Uniform
Formulary Beneficiary Advisory Panel to review and comment on
the development of the uniform formulary. The Secretary shall
consider the comments of the panel before implementing the
uniform formulary or implementing changes to the uniform
formulary.
``(2) The Secretary shall determine the size and membership
of the panel established under paragraph (1), which shall
include members that represent nongovernmental organizations
and associations that represent the views and interests of a
large number of eligible covered beneficiaries.
``(d) Procedures.--(1) In the operation of the pharmacy
benefits program under subsection (a), the Secretary of Defense
shall assure through management and new contractual
arrangements that financial resources are aligned such that the
cost of prescriptions is borne by the organization that is
financially responsible for the health care of the eligible
covered beneficiary.
``(2) Not later than 6 months after the date of the
enactment of this section, the Secretary shall utilize a
modification to the bid price adjustment methodology in the
current managed care support contracts to ensure equitable and
timely reimbursement to the TRICARE managed care support
contractors for pharmaceutical products delivered in the
nonmilitary environments. The methodology shall take into
account the ``at-risk'' nature of the contracts as well as
managed care support contractor pharmacy costs attributable to
changes to pharmacy service or formulary management at military
medical treatment facilities, and other military activities and
policies that affect costs of pharmacy benefits provided
through the Civilian Health and Medical Program of the
Uniformed Services. The methodology shall also account for
military treatment facility costs attributable to the delivery
of pharmaceutical products in the military facility environment
which were prescribed by a network provider.
``(e) Pharmacy Data Transaction Service.--Not later than
April 1, 2000, the Secretary of Defense shall implement the use
of the Pharmacy Data Transaction Service in all fixed
facilities of the uniformed services under the jurisdiction of
the Secretary, the TRICARE retail pharmacy program, and the
national mail-order pharmacy program.
``(f) Definitions.--As used in this section--
``(1) the term `eligible covered beneficiary' means
a covered beneficiary for whom eligibility to receive
pharmacy benefits through the means described in
subsection (a)(2)(E) is established under this chapter
or another provision of law; and
``(2) the term `pharmaceutical agent' means drugs,
biological products, and medical devices under the
regulatory authority of the Food and Drug
Administration.
``(g) Regulations.--The Secretary of Defense shall, after
consultation with the other administering Secretaries,
promulgate regulations to carry out this section.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1074f the following new item:
``1074g. Pharmacy benefits program.''.
(b) Deadline for Establishment of Committee.--Not later
than 30 days after the date of the enactment of this Act, the
Secretary shall establish the Pharmacy and Therapeutics
Committee required by section 1074g(b) of title 10, United
States Code.
(c) Reports Required.--Not later than April 1 and October 1
of fiscal years 2000 and 2001, the Secretary of Defense shall
submit to Congress a report on--
(1) implementation of the uniform formulary
required under subsection (a) of section 1074g of title
10, United States Code (as added by subsection (a));
(2) the results of a confidential survey conducted
by the Secretary of prescribers for military medical
treatment facilities and TRICARE contractors to
determine--
(A) during the most recent fiscal year, how
often prescribers attempted to prescribe non-
formulary or non-preferred prescription drugs,
how often such prescribers were able to do so,
and whether covered beneficiaries were able to
fill such prescriptions without undue delay;
(B) the understanding by prescribers of the
reasons that military medical treatment
facilities or civilian contractors preferred
certain pharmaceuticals to others; and
(C) the impact of any restrictions on
access to non-formulary prescriptions on the
clinical decisions of the prescribers and the
aggregate cost, quality, and accessibility of
health care provided to covered beneficiaries;
(3) the operation of the Pharmacy Data Transaction
Service required by subsection (e) of such section
1074g; and
(4) any other actions taken by the Secretary to
improve management of the pharmacy benefits program
under such section.
(d) Study for Design of Pharmacy Benefit for Certain
Covered Beneficiaries.--(1) Not later than April 15, 2001, the
Secretary of Defense shall prepare and submit to Congress--
(A) a study on a design for a comprehensive
pharmacy benefit for covered beneficiaries under
chapter 55 of title 10, United States Code, who are
entitled to benefits under part A, and enrolled under
part B, of title XVIII of the Social Security Act; and
(B) an estimate of the costs of implementing and
operating such design.
(2) The design described in paragraph (1)(A) shall
incorporate the elements of the pharmacy benefits program
required to be established under section 1074g of title 10,
United States Code (as added by subsection (a)).
SEC. 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. 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.
(3) As used in this section, the term ``eligible
beneficiary'' means a covered beneficiary (as that term is
defined in section 1072 of title 10, United States Code) who,
before the effective date of final regulations to implement the
individual case management program authorized by section
1079(a)(17) of such title, were provided domiciliary or
custodial care services for which the Secretary provided
payment.
(b) Prohibition on Establishment of Limited Transition
Period.--The Secretary of Defense shall not place a time limit
on the period during which the custodial care exclusions of the
Department of Defense may be waived as part of the case
management program of the Department.
(c) Survey of Case Management and Custodial Care
Policies.--The Secretary of Defense shall conduct a survey of
federally funded and State funded programs for the medical care
and management of persons whose care is considered to be
custodial in nature. The survey shall examine, but shall not be
limited to--
(1) a comparison of the case management program of
the Department of Defense with similar Federal and
State programs; and
(2) a comparison between the case management
program of the Department of Defense and the case
management and custodial care coverage offered by at
least 10 of the most subscribed private health
insurance plans in the Federal Employees Health
Benefits Program (at least 5 of which shall be managed
care organizations), as determined in consultation with
the Office of Personnel Management.
(d) Report on Survey of Case Management and Custodial Care
Policies.--Not later than March 31, 2000, the Secretary shall
submit a report on the survey required by subsection (c) to
Congress. The Secretary shall include in the report any
recommendations for legislative changes that the Secretary
determines necessary to facilitate the case management of the
Department of Defense, and a plan for any regulatory changes
determined necessary by the Secretary. Such plan shall include
any regulatory provisions that the Secretary determines
necessary to address equitably the unique needs of the family
members of active duty military personnel and to ensure the
full integration of the case management program of the
Department of Defense with other available family support
services activities.
SEC. 704. ENHANCEMENT OF DENTAL BENEFITS FOR RETIREES.
Subsection (d) of section 1076c of title 10, United States
Code, is amended to read as follows:
``(d) Benefits Available Under the Plan.--The dental
insurance plan established under subsection (a) shall provide
benefits for dental care and treatment which may be comparable
to the benefits authorized under section 1076a of this title
for plans established under that section and shall include
diagnostic services, preventative services, endodontics and
other basic restorative services, surgical services, and
emergency services.''.
SEC. 705. MEDICAL AND DENTAL CARE FOR CERTAIN MEMBERS INCURRING
INJURIES ON INACTIVE-DUTY TRAINING.
(a) Order to Active Duty Authorized.--(1) Chapter 1209 of
title 10, United States Code, is amended by adding at the end
the following:
``Sec. 12322. Active duty for health care
``A member of a uniformed service described in paragraph
(1)(B) or (2)(B) of section 1074a(a) of this title may be
ordered to active duty, and a member of a uniformed service
described in paragraph (1)(A) or (2)(A) of such section may be
continued on active duty, for a period of more than 30 days
while the member is being treated for (or recovering from) an
injury, illness, or disease incurred or aggravated in the line
of duty as described in any of such paragraphs.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following:
``12322. Active duty for health care.''.
(b) Medical and Dental Care for Members.--Subsection (e) of
section 1074a of such title is amended to read as follows:
``(e)(1) A member of a uniformed service on active duty for
health care or recuperation reasons, as described in paragraph
(2), is entitled to medical and dental care on the same basis
and to the same extent as members covered by section 1074(a) of
this title while the member remains on active duty.
``(2) Paragraph (1) applies to a member described in
paragraph (1) or (2) of subsection (a) who, while being treated
for (or recovering from) an injury, illness, or disease
incurred or aggravated in the line of duty, is continued on
active duty pursuant to a modification or extension of orders,
or is ordered to active duty, so as to result in active duty
for a period of more than 30 days.''.
(c) Medical and Dental Care for Dependents.--Subparagraph
(D) of section 1076(a)(2) of such title is amended to read as
follows:
``(D) A member on active duty who is entitled to
benefits under subsection (e) of section 1074a of this
title by reason of paragraph (1), (2), or (3) of
subsection (a) of such section.''.
SEC. 706. HEALTH CARE AT FORMER UNIFORMED SERVICES TREATMENT FACILITIES
FOR ACTIVE DUTY MEMBERS STATIONED AT CERTAIN REMOTE
LOCATIONS.
(a) Authority.--Health care may be furnished by a
designated provider pursuant to any contract entered into by
the designated provider under section 722(b) of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-
201; 10 U.S.C. 1073 note) to eligible members who reside within
the service area of the designated provider.
(b) Eligibility.--A member of the Armed Forces is eligible
for health care under subsection (a) if the member is a member
described in section 731(c) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
Stat. 1811; 10 U.S.C. 1074 note).
(c) Applicable Policies.--In furnishing health care to an
eligible member under subsection (a), a designated provider
shall adhere to the Department of Defense policies applicable
to the furnishing of care under the TRICARE Prime Remote
program, including coordinating with uniformed services medical
authorities for hospitalizations and all referrals for
specialty care.
(d) Reimbursement Rates.--The Secretary of Defense, in
consultation with the designated providers, shall prescribe
reimbursement rates for care furnished to eligible members
under subsection (a). The rates prescribed for health care may
not exceed the amounts allowable under the TRICARE Standard
plan for the same care.
SEC. 707. OPEN ENROLLMENT DEMONSTRATION PROGRAM.
Section 724 of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 1073 note) is
amended by adding at the end the following:
``(g) Open Enrollment Demonstration Program.--(1) The
Secretary of Defense shall conduct a demonstration program
under which covered beneficiaries shall be permitted to enroll
at any time in a managed care plan offered by a designated
provider consistent with the enrollment requirements for the
TRICARE Prime option under the TRICARE program, but without
regard to the limitation in subsection (b). The demonstration
program under this subsection shall cover designated providers,
selected by the Secretary of Defense, and the service areas of
the designated providers.
``(2) The demonstration program carried out under this
section shall commence on October 1, 1999, and end on September
30, 2001.
``(3) Not later than March 15, 2001, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
demonstration program carried out under this subsection. The
report shall include, at a minimum, an evaluation of the
benefits of the open enrollment opportunity to covered
beneficiaries and a recommendation on whether to authorize open
enrollments in the managed care plans of designated providers
permanently.''.
Subtitle B--TRICARE Program
SEC. 711. EXPANSION AND REVISION OF AUTHORITY FOR DENTAL PROGRAMS FOR
DEPENDENTS AND RESERVES.
(a) Authority.--Chapter 55 of title 10, United States Code,
is amended by striking sections 1076a and 1076b and inserting
the following:
``Sec. 1076a. TRICARE dental program
``(a) Establishment of Dental Plans.--The Secretary of
Defense may establish, and in the case of the dental plan
described in paragraph (1) shall establish, the following
voluntary enrollment dental plans:
``(1) Plan for selected reserve and individual
ready reserve.--A dental insurance plan for members of
the Selected Reserve of the Ready Reserve and for
members of the Individual Ready Reserve described in
subsection 10144(b) of this title.
``(2) Plan for other reserves.--A dental insurance
plan for members of the Individual Ready Reserve not
eligible to enroll in the plan established under
paragraph (1).
``(3) Plan for active duty dependents.--Dental
benefits plans for eligible dependents of members of
the uniformed services who are on active duty for a
period of more than 30 days.
``(4) Plan for ready reserve dependents.--A dental
benefits plan for eligible dependents of members of the
Ready Reserve of the reserve components who are not on
active duty for more than 30 days.
``(b) Administration of Plans.--The plans established under
this section shall be administered under regulations prescribed
by the Secretary of Defense in consultation with the other
administering Secretaries.
``(c) Care Available Under Plans.--Dental plans established
under subsection (a) may provide for the following dental care:
``(1) Diagnostic, oral examination, and preventive
services and palliative emergency care.
``(2) Basic restorative services of amalgam and
composite restorations, stainless steel crowns for
primary teeth, and dental appliance repairs.
``(3) Orthodontic services, crowns, gold fillings,
bridges, complete or partial dentures, and such other
services as the Secretary of Defense considers to be
appropriate.
``(d) Premiums.--
``(1) Premium Sharing Plans.--(A) The dental
insurance plan established under subsection (a)(1) and
the dental benefits plans established under subsection
(a)(3) are premium sharing plans.
``(B) Members enrolled in a premium sharing plan
for themselves or for their dependents shall be
required to pay a share of the premium charged for the
benefits provided under the plan. The member's share of
the premium charge may not exceed $20 per month for the
enrollment.
``(C) Effective as of January 1 of each year, the
amount of the premium required under subparagraph (A)
shall be increased by the percent equal to the lesser
of--
``(i) the percent by which the rates of
basic pay of members of the uniformed services
are increased on such date; or
``(ii) the sum of one-half percent and the
percent computed under section 5303(a) of title
5 for the increase in rates of basic pay for
statutory pay systems for pay periods beginning
on or after such date.
``(D) The Secretary of Defense may reduce the
monthly premium required to be paid under paragraph (1)
in the case of enlisted members in pay grade E-1, E-2,
E-3, or E-4 if the Secretary determines that such a
reduction is appropriate to assist such members to
participate in a dental plan referred to in
subparagraph (A).
``(2) Full premium plans.--(A) The dental insurance
plan established under subsection (a)(2) and the dental
benefits plan established under subsection (a)(4) are
full premium plans.
``(B) Members enrolled in a full premium plan for
themselves or for their dependents shall be required to
pay the entire premium charged for the benefits
provided under the plan.
``(3) Payment procedures.--A member's share of the
premium for a plan established under subsection (a) may
be paid by deductions from the basic pay of the member
and from compensation paid under section 206 of title
37, as the case may be. The regulations prescribed
under subsection (b) shall specify the procedures for
payment of the premiums by enrollees who do not receive
such pay.
``(e) Copayments Under Premium Sharing Plans.--A member or
dependent who receives dental care under a premium sharing plan
referred to in subsection (d)(1) shall--
``(1) in the case of care described in subsection
(c)(1), pay no charge for the care;
``(2) in the case of care described in subsection
(c)(2), pay 20 percent of the charges for the care; and
``(3) in the case of care described in subsection
(c)(3), pay a percentage of the charges for the care
that is determined appropriate by the Secretary of
Defense, after consultation with the other
administering Secretaries.
``(f) Transfer of Members.--If a member whose dependents
are enrolled in the plan established under subsection (a)(3) is
transferred to a duty station where dental care is provided to
the member's eligible dependents under a program other than
that plan, the member may discontinue participation under the
plan. If the member is later transferred to a duty station
where dental care is not provided to such member's eligible
dependents except under the plan established under subsection
(a)(3), the member may re-enroll the dependents in that plan.
``(g) Care Outside the United States.--The Secretary of
Defense may exercise the authority provided under subsection
(a) to establish dental insurance plans and dental benefits
plans for dental benefits provided outside the United States
for the eligible members and dependents of members of the
uniformed services. In the case of such an overseas dental
plan, the Secretary may waive or reduce any copayments required
by subsection (e) to the extent the Secretary determines
appropriate for the effective and efficient operation of the
plan.
``(h) Waiver of Requirements for Surviving Dependents.--The
Secretary of Defense may waive (in whole or in part) any
requirements of a dental plan established under this section as
the Secretary determines necessary for the effective
administration of the plan for a dependent who is an eligible
dependent described in subsection (k)(2).
``(i) Authority Subject to Appropriations.--The authority
of the Secretary of Defense to enter into a contract under this
section for any fiscal year is subject to the availability of
appropriations for that purpose.
``(j) Limitation on Reduction of Benefits.--The Secretary
of Defense may not reduce benefits provided under a plan
established under this section until--
``(1) the Secretary provides notice of the
Secretary's intent to reduce such benefits to the
Committees on Armed Services of the Senate and the
House of Representatives; and
``(2) one year has elapsed following the date of
such notice.
``(k) Eligible Dependent Defined.--In this section, the
term `eligible dependent'--
``(1) means a dependent described in subparagraph
(A), (D), or (I) of section 1072(2) of this title; and
``(2) includes any such dependent of a member who
dies while on active duty for a period of more than 30
days or a member of the Ready Reserve if the dependent
is enrolled on the date of the death of the member in a
dental benefits plan established under subsection (a),
except that the term does not include the dependent
after the end of the one-year period beginning on the
date of the member's death.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 55 of such title is amended by striking
out the items relating to sections 1076a and 1076b and
inserting the following:
``1076a. TRICARE dental program.''.
SEC. 712. IMPROVEMENT OF ACCESS TO HEALTH CARE UNDER THE TRICARE
PROGRAM.
(a) Access.--The Secretary of Defense shall, to the maximum
extent practicable, minimize the authorization and
certification requirements imposed on covered beneficiaries
under the TRICARE program as a condition of access to benefits
under that program.
(b) Report on Initiatives To Improve Access.--Not later
than March 31, 2000, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on specific actions taken to--
(1) reduce the requirements for preauthorization
for care under the TRICARE program;
(2) reduce the requirements for beneficiaries to
obtain preventive services, such as obstetric or
gynecologic examinations, mammograms for females over
35 years of age, and urological examinations for males
over the age of 60 without preauthorization; and
(3) reduce the requirements for statements of
nonavailability of services.
(c) Requirement To Provide Statement.--Section 1080(b) of
title 10, United States Code, is amended by adding at the end
the following new sentence: ``Notwithstanding any other
provision of law, with respect to obstetrics and gynecological
care for beneficiaries not enrolled in a managed care plan
offered pursuant to any contract or agreement under this
chapter, a nonavailability-of-health-care statement shall be
required for receipt of health care services related to
outpatient prenatal, outpatient or inpatient delivery, and
outpatient post-partum care subsequent to the visit which
confirms the pregnancy.''.
SEC. 713. IMPROVEMENTS TO CLAIMS PROCESSING UNDER THE TRICARE PROGRAM.
(a) In General.--(1) Chapter 55 of title 10, United States
Code, is amended by inserting after section 1095b the following
new section:
``Sec. 1095c. TRICARE program: facilitation of processing of claims
``(a) Reduction of Processing Time.--(1) With respect to
claims for payment for medical care provided under the TRICARE
program, the Secretary of Defense shall implement a system for
processing of claims under which--
``(A) 95 percent of all clean claims must be
processed not later than 30 days after the date that
such claims are submitted to the claims processor; and
``(B) 100 percent of all clean claims must be
processed not later than 100 days after the date that
such claims are submitted to the claims processor.
``(2) The Secretary may, under the system required by
paragraph (1) and consistent with the provisions in chapter 39
of title 31 (commonly referred to as the `Prompt Payment Act'),
require that interest be paid on clean claims that are not
processed within 30 days.
``(3) For purposes of this subsection, the term `clean
claim' means a claim that has no defect, impropriety (including
a lack of any required substantiating documentation), or
particular circumstance requiring special treatment that
prevents timely payment on the claim under this section.
``(b) Requirement To Provide Start-up Time for Certain
Contractors.--(1) The Secretary of Defense shall not require
that a contractor described in paragraph (2) begin to provide
managed care support pursuant to a contract to provide such
support under the TRICARE program until at least nine months
after the date of the award of the contract. In such case the
contractor may begin to provide managed care support pursuant
to the contract as soon as practicable after the award of the
contract, but in no case later than one year after the date of
such award.
``(2) A contractor under this paragraph is a contractor who
is awarded a contract to provide managed care support under the
TRICARE program--
``(A) who has not previously been awarded such a
contract by the Department of Defense; or
``(B) who has previously been awarded such a
contract by the Department of Defense but for whom the
subcontractors have not previously been awarded the
subcontracts for such a contract.
``(c) Incentives for Electronic Processing.--The Secretary
of Defense shall require that new contracts for managed care
support under the TRICARE program provide that the contractor
be permitted to provide financial incentives to health care
providers who file claims for payment electronically.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1095b the following new item:
``1095c. TRICARE program: facilitation of processing of claims.''.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on--
(1) the status of claims processing backlogs in
each TRICARE region;
(2) the estimated time 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. 714. AUTHORITY TO WAIVE CERTAIN TRICARE DEDUCTIBLES.
(a) In General.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1095c (as added by
section 713) the following new section:
``Sec. 1095d. TRICARE program: waiver of certain deductibles
``(a) Waiver Authorized.--The Secretary of Defense may
waive the deductible payable for medical care provided under
the TRICARE program to an eligible dependent of--
``(1) a member of a reserve component on active
duty pursuant to a call or order to active duty for a
period of less than one year; or
``(2) a member of the National Guard on full-time
National Guard duty pursuant to a call or order to
full-time National Guard duty for a period of less than
one year.
``(b) Eligible Dependent.--As used in this section, the
term `eligible dependent' means a dependent described
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. 715. TRICARE BENEFICIARY COUNSELING AND ASSISTANCE COORDINATORS.
(a) Establishment of Positions.--(1) Chapter 55 of title
10, United States Code, is amended by inserting after section
1095d (as added by section 714 the following new section:
``Sec. 1095e. TRICARE program: beneficiary counseling and assistance
coordinators
``(a) Establishment of Positions.--The Secretary of Defense
shall require in regulations that--
``(1) each lead agent under the TRICARE program--
``(A) designate a person to serve full-time
as a beneficiary counseling and assistance
coordinator for beneficiaries under the TRICARE
program; and
``(B) provide for toll-free telephone
communication between such beneficiaries and
the beneficiary counseling and assistance
coordinator; and
``(2) the commander of each military medical
treatment facility under this chapter designate a
person to serve, as a primary or collateral duty, as
beneficiary counseling and assistance coordinator for
beneficiaries under the TRICARE program served at that
facility.
``(b) Duties.--The Secretary shall prescribe the duties of
the position of beneficiary counseling and assistance
coordinator in the regulations required by subsection (a).''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1095d the following new item:
``1095e. TRICARE program: beneficiary counseling and assistance
coordinators.''.
(b) Deadline for Initial Designations.--Each beneficiary
counseling and assistance coordinator required under the
regulations described in section 1095e(a) of title 10, United
States Code (as added by subsection (a)), shall be designated
not later than January 15, 2000.
SEC. 716. IMPROVEMENT OF TRICARE MANAGEMENT; IMPROVEMENTS TO THIRD-
PARTY PAYER COLLECTION PROGRAM.
(a) Improvement of TRICARE Program.--(1) Chapter 55 of
title 10, United States Code, is amended by inserting after
section 1097a the following new section:
``Sec. 1097b. TRICARE program: financial management
``(a) Reimbursement of Providers.--(1) Subject to paragraph
(2), the Secretary of Defense may reimburse health care
providers under the TRICARE program at rates higher than the
reimbursement rates otherwise authorized for the providers
under that program if the Secretary determines that application
of the higher rates is necessary in order to ensure the
availability of an adequate number of qualified health care
providers under that program.
``(2) The amount of reimbursement provided under paragraph
(1) with respect to a health care service may not exceed the
lesser of the following:
``(A) The amount equal to the local fee for service
charge for the service in the service area in which the
service is provided as determined by the Secretary
based on one or more of the following payment rates:
``(i) Usual, customary, and reasonable.
``(ii) The Health Care Finance
Administration's Resource Based Relative Value
Scale.
``(iii) Negotiated fee schedules.
``(iv) Global fees.
``(v) Sliding scale individual fee
allowances.
``(B) The amount equal to 115 per cent of the
CHAMPUS maximum allowable charge for the service.
``(b) Third-Party Collections.--(1) A medical treatment
facility of the uniformed services under the TRICARE program
has the same right as the United States under section 1095 of
this title to collect from a third-party payer the reasonable
charges for health care services described in paragraph (2)
that are incurred by the facility on behalf of a covered
beneficiary under that program.
``(2) The Secretary of Defense shall prescribe regulations
for the administration of this subsection. The regulations
shall set forth the method to be used for the computation of
the reasonable charges for inpatient, outpatient, and other
health care services. The method of computation may be--
``(A) a method that is based on--
``(i) per diem rates;
``(ii) all-inclusive rates for each visit;
``(iii) diagnosis-related groups; or
``(iv) rates prescribed under the
regulations implementing sections 1079 and 1086
of this title; or
``(B) any other method considered appropriate.
``(c) Consultation Requirement.--The Secretary of Defense
shall carry out the responsibilities under this section after
consultation with the other administering Secretaries.''.
(2) The table of sections at the beginning of chapter 55 of
such title is amended by inserting after the item relating to
section 1097a the following new item:
``1097b. TRICARE program: financial management.''.
(b) Report on Implementation.--(1) Not later than 6 months
after the date of the enactment of this Act, the Secretary of
Defense, in consultation with the other administering
Secretaries, shall submit to Congress a report assessing the
effects of the implementation of the requirements and
authorities set forth in sections 1097b of title 10, United
States Code (as added by subsection (a)).
(2) The report shall include the following:
(A) An assessment of the cost of the implementation
of such requirements and authorities.
(B) An assessment of whether the implementation of
any such requirements and authorities will result in
the utilization by the TRICARE program of the best
industry practices with respect to the matters covered
by such requirements and authorities.
(3) In this subsection, the term ``administering
Secretaries'' has the meaning given that term in section
1072(3) of title 10, United States Code.
(c) Improvement to Third-Party Collection Program.--(1)
Section 1095 of title 10, United States Code, is amended--
(A) in subsection (a)(1)--
(i) by striking ``the reasonable costs of''
and inserting ``reasonable charges for'';
(ii) by striking ``such costs'' and
inserting ``such charges''; and
(iii) by striking ``the reasonable cost
of'' and inserting ``a reasonable charge for'';
(B) in subsection (g), by striking ``the costs
of''; and
(C) in subsection (h)(1), by striking the first
sentence and inserting ``The term `third-party payer'
means an entity that provides an insurance, medical
service, or health plan by contract or agreement,
including an automobile liability insurance or no fault
insurance carrier, and any other plan or program that
is designed to provide compensation or coverage for
expenses incurred by a beneficiary for health care
services or products.''.
(2) Section 1095b(b) of title 10, United States Code, is
amended by striking the first and second sentences after the
heading and inserting the following: ``The United States shall
have the same right to collect charges related to claims
described in subsection (a) as charges for claims under section
1095 of this title.''.
(d) Effective Date.--The amendments made by subsection (a)
shall take effect one year after the date of the enactment of
this Act.
SEC. 717. COMPARATIVE REPORT ON HEALTH CARE COVERAGE UNDER THE TRICARE
PROGRAM.
Not later than March 31, 2000, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report including a
comparison of health care coverage available through the
TRICARE program with the coverage available under similar
health benefits plans offered under the Federal Employees
Health Benefits program established under chapter 89 of title
5, United States Code. Such comparison shall include, but not
be limited to, a comparison of cost sharing requirements,
overall costs to beneficiaries, covered benefits, and
exclusions from coverage.
Subtitle C--Other Matters
SEC. 721. FORENSIC PATHOLOGY INVESTIGATIONS BY ARMED FORCES MEDICAL
EXAMINER.
(a) Investigation Authority.--Chapter 75 of title 10,
United States Code, is amended by striking the heading for the
chapter and inserting the following:
``CHAPTER 75--DECEASED PERSONNEL
``Subchapter Sec.
``I. Death Investigations......................................... 1471
``II. Death Benefits.............................................. 1475
``SUBCHAPTER I--DEATH INVESTIGATIONS
``Sec.
``1471. Forensic pathology investigations.
``Sec. 1471. Forensic pathology investigations
``(a) Authority.--Under regulations prescribed by the
Secretary of Defense, the Armed Forces Medical Examiner may
conduct a forensic pathology investigation to determine the
cause or manner of death of a deceased person if such an
investigation is determined to be justified under circumstances
described in subsection (b). The investigation may include an
autopsy of the decedent's remains.
``(b) Basis for Investigation.--(1) A forensic pathology
investigation of a death under this section is justified if at
least one of the circumstances in paragraph (2) and one of the
circumstances in paragraph (3) exist.
``(2) A circumstance under this paragraph is a circumstance
under which--
``(A) it appears that the decedent was killed or
that, whatever the cause of the decedent's death, the
cause was unnatural;
``(B) the cause or manner of death is unknown;
``(C) there is reasonable suspicion that the death
was by unlawful means;
``(D) it appears that the death resulted from an
infectious disease or from the effects of a hazardous
material that may have an adverse effect on the
military installation or community involved; or
``(E) the identity of the decedent is unknown.
``(3) A circumstance under this paragraph is a circumstance
under which--
``(A) the decedent--
``(i) was found dead or died at an
installation garrisoned by units of the armed
forces that is under the exclusive jurisdiction
of the United States;
``(ii) was a member of the armed forces on
active duty or inactive duty for training;
``(iii) was recently retired under chapter
61 of this title as a result of an injury or
illness incurred while a member on active duty
or inactive duty for training; or
``(iv) was a civilian dependent of a member
of the armed forces and was found dead or died
outside the United States;
``(B) in any other authorized Department of Defense
investigation of matters which involves the death, a
factual determination of the cause or manner of the
death is necessary; or
``(C) in any other authorized investigation being
conducted by the Federal Bureau of Investigation, the
National Transportation Safety Board, or any other
Federal agency, an authorized official of such agency
with authority to direct a forensic pathology
investigation requests that the Armed Forces Medical
Examiner conduct such an investigation.
``(c) Determination of Justification.--(1) Subject to
paragraph (2), the determination that a circumstance exists
under paragraph (2) of subsection (b) shall be made by the
Armed Forces Medical Examiner.
``(2) A commander may make the determination that a
circumstances exists under paragraph (2) of subsection (b) and
require a forensic pathology investigation under this section
without regard to a determination made by the Armed Forces
Medical Examiner if--
``(A) in a case involving circumstances described
in paragraph (3)(A)(i) of that subsection, the
commander is the commander of the installation where
the decedent was found dead or died; or
``(B) in a case involving circumstances described
in paragraph (3)(A)(ii) of that subsection, the
commander is the commander of the decedent's unit at a
level in the chain of command designated for such
purpose in the regulations prescribed by the Secretary
of Defense.
``(d) Limitation in Concurrent Jurisdiction Cases.--(1) The
exercise of authority under this section is subject to the
exercise of primary jurisdiction for the investigation of a
death--
``(A) in the case of a death in a State, by the
State or a local government of the State; or
``(B) in the case of a death in a foreign country,
by that foreign country under any applicable treaty,
status of forces agreement, or other international
agreement between the United States and that foreign
country.
``(2) Paragraph (1) does not limit the authority of the
Armed Forces Medical Examiner to conduct a forensic pathology
investigation of a death that is subject to the exercise of
primary jurisdiction by another sovereign if the investigation
by the other sovereign is concluded without a forensic
pathology investigation that the Armed Forces Medical Examiner
considers complete. For the purposes of the preceding sentence
a forensic pathology investigation is incomplete if the
investigation does not include an autopsy of the decedent.
``(e) Procedures.--For a forensic pathology investigation
under this section, the Armed Forces Medical Examiner shall--
``(1) designate one or more qualified pathologists
to conduct the investigation;
``(2) to the extent practicable and consistent with
responsibilities under this section, give due regard to
any applicable law protecting religious beliefs;
``(3) as soon as practicable, notify the decedent's
family, if known, that the forensic pathology
investigation is being conducted;
``(4) as soon as practicable after the completion
of the investigation, authorize release of the
decedent's remains to the family, if known; and
``(5) promptly report the results of the forensic
pathology investigation to the official responsible for
the overall investigation of the death.
``(f) Definition of State.--In this section, the term
`State' includes the District of Columbia, the Commonwealth of
Puerto Rico, and Guam.''.
(b) Repeal of Authority for Existing Inquest Procedures.--
Sections 4711 and 9711 of title 10, United States Code, are
repealed.
(c) Technical and Clerical Amendments.--(1) Chapter 75 of
such title, as amended by subsection (a), is further amended by
inserting before section 1475 the following:
``SUBCHAPTER II--DEATH BENEFITS''.
(2) The item relating to chapter 75 in the tables of
chapters at the beginning of subtitle A of such title and at
the beginning of part II of such subtitle is amended to read as
follows:
``75. Deceased Personnel.........................................1471''.
(3) The table of sections at the beginning of chapter 445
of such title is amended by striking the item relating to
section 4711.
(4) The table of sections at the beginning of chapter 945
of such title is amended by striking the item relating to
section 9711.
(5) The heading for chapter 445 of such title is amended to
read as follows:
``CHAPTER 445--DISPOSITION OF EFFECTS OF DECEASED PERSONS; CAPTURED
FLAGS''.
(6) The heading for chapter 945 of such title is amended to
read as follows:
``CHAPTER 945--DISPOSITION OF EFFECTS OF DECEASED PERSONS''.
(7) The item relating to chapter 445 in the tables of
chapters at the beginning of subtitle B of such title and at
the beginning of part IV of such subtitle is amended to read as
follows:
``445. Disposition of Effects of Deceased Persons; Captured Flags4712''.
(8) The item relating to chapter 945 in the tables of
chapters at the beginning subtitle D of such title and at the
beginning of part IV of such subtitle is amended to read as
follows:
``945. Disposition of Effects of Deceased Persons................9712''.
SEC. 722. BEST VALUE CONTRACTING.
(a) Authority.--Chapter 55 of title 10, United States Code,
is amended by inserting after section 1073 the following:
``Sec. 1073a. Contracts for health care: best value contracting
``(a) Authority.--Under regulations prescribed by the
administering Secretaries, health care contracts shall be
awarded in the administration of this chapter to the offeror or
offerors that will provide the best value to the United States
to the maximum extent consistent with furnishing high-quality
health care in a manner that protects the fiscal and other
interests of the United States.
``(b) Factors Considered.--In the determination of best
value under subsection (a)--
``(1) consideration shall be given to the factors
specified in the regulations; and
``(2) greater weight shall be accorded to technical
and performance-related factors than to cost and price-
related factors.
``(c) Applicability.--The authority under the regulations
prescribed under subsection (a) shall apply to any contract in
excess of $5,000,000.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1073 the following:
``1073a. Contracts for health care: best value contracting.''.
SEC. 723. HEALTH CARE QUALITY INFORMATION AND TECHNOLOGY ENHANCEMENT.
(a) Purpose.--The purpose of this section is to ensure that
the Department of Defense addresses issues of medical quality
surveillance and implements solutions for those issues in a
timely manner that is consistent with national policy and
industry standards.
(b) Department of Defense Program for Medical Informatics
and Data.--The Secretary of Defense shall establish a
Department of Defense program, the purposes of which shall be
the following:
(1) To develop parameters for assessing the quality
of health care information.
(2) To develop the defense digital patient record.
(3) To develop a repository for data on quality of
health care.
(4) To develop capability for conducting research
on quality of health care.
(5) To conduct research on matters of quality of
health care.
(6) To develop decision support tools for health
care providers.
(7) To refine medical performance report cards.
(8) To conduct educational programs on medical
informatics to meet identified needs.
(c) Automation and Capture of Clinical Data.--(1) Through
the program established under subsection (b), the Secretary of
Defense shall accelerate the efforts of the Department of
Defense to automate, capture, and exchange controlled clinical
data and present providers with clinical guidance using a
personal information carrier, clinical lexicon, or digital
patient record.
(2) The program shall serve as a primary resource for the
Department of Defense for matters concerning the capture,
processing, and dissemination of data on health care quality.
(d) Medical Informatics Advisory Committee.--(1) The
Secretary of Defense shall establish a Medical Informatics
Advisory Committee (hereinafter referred to as the
``Committee''), the members of which shall be the following:
(A) The Assistant Secretary of Defense for Health
Affairs
(B) The Director of the TRICARE Management Activity
of the Department of Defense.
(C) The Surgeon General of the Army.
(D) The Surgeon General of the Navy.
(E) The Surgeon General of the Air Force.
(F) Representatives of the Department of Veterans
Affairs, designated by the Secretary of Veterans
Affairs.
(G) Representatives of the Department of Health and
Human Services, designated by the Secretary of Health
and Human Services.
(H) Any additional members appointed by the
Secretary of Defense to represent health care insurers
and managed care organizations, academic health
institutions, health care providers (including
representatives of physicians and representatives of
hospitals), and accreditors of health care plans and
organizations.
(2) The primary mission of the Committee shall be to advise
the Secretary on the development, deployment, and maintenance
of health care informatics systems that allow for the
collection, exchange, and processing of health care quality
information for the Department of Defense in coordination with
other Federal departments and agencies and with the private
sector.
(3) Specific areas of responsibility of the Committee shall
include advising the Secretary on the following:
(A) The ability of the medical informatics systems
at the Department of Defense and Department of Veterans
Affairs to monitor, evaluate, and improve the quality
of care provided to beneficiaries.
(B) The coordination of key components of medical
informatics systems, including digital patient records,
both within the Federal Government and between the
Federal Government and the private sector.
(C) The development of operational capabilities for
executive information systems and clinical decision
support systems within the Department of Defense and
Department of Veterans Affairs.
(D) Standardization of processes used to collect,
evaluate, and disseminate health care quality
information.
(E) Refinement of methodologies by which the
quality of health care provided within the Department
of Defense and Department of Veterans Affairs is
evaluated.
(F) Protecting the confidentiality of personal
health information.
(4) The Assistant Secretary of Defense for Health Affairs
shall consult with the Committee on the issues described in
paragraph (3).
(5) The Secretary of Defense shall submit to Congress an
annual report on the activities of the Committee and on the
coordination of development, deployment, and maintenance of
health care informatics systems within the Federal Government,
and between the Federal Government and the private sector.
(6) Members of the Committee shall not be paid by reason of
their service on the Committee.
(7) The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Committee.
(e) Annual Report.--The Assistant Secretary of Defense for
Health Affairs shall submit to Congress on an annual basis a
report on the quality of health care furnished under the health
care programs of the Department of Defense. The report shall
cover the most recent fiscal year ending before the date the
report is submitted and shall contain a discussion of the
quality of the health care measured on the basis of each
statistical and customer satisfaction factor that the Assistant
Secretary determines appropriate, including, at a minimum, a
discussion of the following:
(1) Health outcomes.
(2) The extent of use of health report cards.
(3) The extent of use of standard clinical
pathways.
(4) The extent of use of innovative processes for
surveillance.
SEC. 724. JOINT TELEMEDICINE AND TELEPHARMACY DEMONSTRATION PROJECTS BY
THE DEPARTMENT OF DEFENSE AND DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--The Secretary of Defense and Secretary of
Veterans Affairs may carry out joint demonstration projects for
purposes of evaluating the feasibility and practicability of
using telecommunications to provide health care services and
pharmacy services.
(b) Services To Be Provided.--The services provided under
the demonstration projects may include the following:
(1) Radiology and imaging services.
(2) Diagnostic services.
(3) Referral services.
(4) Clinical pharmacy services.
(5) Any other health care services or pharmacy
services designated by the Secretaries.
(c) Selection of Locations.--(1) The Secretaries may carry
out the demonstration projects described in subsection (a) at
not more than five locations selected by the Secretaries from
locations in which are located both a uniformed services
treatment facility and a Department of Veterans Affairs medical
center that are affiliated with academic institutions having a
demonstrated expertise in the provision of health care services
or pharmacy services by means of telecommunications.
(2) Representatives of a facility and medical center
selected under paragraph (1) shall, to the maximum extent
practicable, carry out the demonstration project in
consultation with representatives of the academic institution
or institutions with which affiliated.
(d) Period of Demonstration Projects.--The Secretaries may
carry out the demonstration projects during the three-year
period beginning on October 1, 1999.
(e) Report.--Not later than December 31, 2002, the
Secretaries shall jointly submit to Congress a report on the
demonstration projects. The report shall include--
(1) a description of each demonstration project;
and
(2) an evaluation, based on the demonstration
projects, of the feasibility and practicability of
using telecommunications to provide health care
services and pharmacy services, including the provision
of such services to field hospitals of the Armed Forces
and to Department of Veterans Affairs outpatient health
care clinics.
SEC. 725. PROGRAM-YEAR STABILITY IN HEALTH CARE BENEFITS.
Section 1073 of title 10, United States Code, is amended--
(1) by inserting ``(a) Responsible Officials.--''
at the beginning of the text of the section; and
(2) by adding at the end the following:
``(b) Stability in Program of Benefits.--The Secretary of
Defense shall, to the maximum extent practicable, provide a
stable program of benefits under this chapter throughout each
fiscal year. To achieve the stability in the case of managed
care support contracts entered into under this chapter, the
contracts shall be administered so as to implement all changes
in benefits and administration on a quarterly basis. However,
the Secretary of Defense may implement any such change prior to
the next fiscal quarter if the Secretary determines that the
change would significantly improve the provision of care to
eligible beneficiaries under this chapter.''.
SEC. 726. STUDY ON JOINT OPERATIONS FOR THE DEFENSE HEALTH PROGRAM.
Not later than October 1, 2000, the Secretary of Defense
shall prepare and submit to Congress a study identifying areas
with respect to the Defense Health Program for which joint
operations might be increased, including organization,
training, patient care, hospital management, and budgeting. The
study shall include a discussion of the merits and feasibility
of--
(1) establishing a joint command for the Defense
Health Program as a military counterpart to the
Assistant Secretary of Defense for Health Affairs;
(2) establishing a joint training curriculum for
the Defense Health Program; and
(3) creating a unified chain of command and
budgeting authority for the Defense Health Program.
SEC. 727. TRAUMA TRAINING CENTER.
Section 742 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
Stat. 2074) is amended to read as follows:
``SEC. 742. AUTHORIZATION TO ESTABLISH A TRAUMA TRAINING CENTER.
``The Secretary of the Army is hereby authorized to
establish a Trauma Training Center in order to provide the Army
with a trauma center capable of training forward surgical
teams.''.
SEC. 728. SENSE OF CONGRESS REGARDING AUTOMATIC ENROLLMENT OF MEDICARE-
ELIGIBLE BENEFICIARIES IN THE TRICARE SENIOR PRIME
DEMONSTRATION PROJECT.
It is the sense of Congress that--
(1) any person who is enrolled in a managed health
care program of the Department of Defense at a location
at which the medicare subvention demonstration project
for military retirees conducted under section 1896 of
the Social Security Act (42 U.S.C. 1395ggg) is
implemented, and who attains eligibility for medicare,
should be automatically authorized to enroll in such
demonstration project; and
(2) the Secretary of Defense, in coordination with
the other administering Secretaries described in
section 1072(3) of title 10, United States Code, should
modify existing policies and procedures for such
demonstration project as necessary to permit such
automatic enrollment.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 801. Authority to carry out certain prototype projects.
Sec. 802. Streamlined applicability of cost accounting standards.
Sec. 803. Sale, exchange, and waiver authority for coal and coke.
Sec. 804. Guidance on use of task order and delivery order contracts.
Sec. 805. Clarification of definition of commercial items with respect
to associated services.
Sec. 806. Use of special simplified procedures for purchases of
commercial items in excess of the simplified acquisition
threshold.
Sec. 807. Repeal of termination of provision of credit towards
subcontracting goals for purchases benefiting severely
handicapped persons.
Sec. 808. Contract goal for small disadvantaged businesses and certain
institutions of higher education.
Sec. 809. Required reports for certain multiyear contracts.
Subtitle B--Other Matters
Sec. 811. Mentor-Protege Program improvements.
Sec. 812. Program to increase business innovation in defense acquisition
programs.
Sec. 813. Incentives to produce innovative new technologies.
Sec. 814. Pilot program for commercial services.
Sec. 815. Expansion of applicability of requirement to make certain
procurements from small arms production industrial base.
Sec. 816. Compliance with existing law regarding purchases of equipment
and products.
Sec. 817. Extension of test program for negotiation of comprehensive
small business subcontracting plans.
Sec. 818. Extension of interim reporting rule for certain procurements
less than $100,000.
Sec. 819. Inspector General review of compliance with Buy American Act
in purchases of strength training equipment.
Sec. 820. Report on options for accelerated acquisition of precision
munitions.
Sec. 821. Technical amendment to prohibition on release of contractor
proposals under the Freedom of Information Act.
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 801. AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE PROJECTS.
Section 845 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1721; 10 U.S.C.
2371 note) is amended--
(1) by redesignating subsection (c) as subsection
(d); and
(2) by inserting after subsection (b) the
following:
``(c) Comptroller General Review.--(1) Each agreement
entered into by an official referred to in subsection (a) to
carry out a project under that subsection that provides for
payments in a total amount in excess of $5,000,000 shall
include a clause that provides for the Comptroller General, in
the discretion of the Comptroller General, to examine the
records of any party to the agreement or any entity that
participates in the performance of the agreement.
``(2) The requirement in paragraph (1) shall not apply with
respect to a party or entity, or a subordinate element of a
party or entity, that has not entered into any other agreement
that provides for audit access by a Government entity in the
year prior to the date of the agreement.
``(3) The head of the contracting activity that is carrying
out the agreement may waive the applicability of the
requirement in paragraph (1) to the agreement if the head of
the contracting activity determines that it would not be in the
public interest to apply the requirement to the agreement. The
waiver shall be effective with respect to the agreement only if
the head of the contracting activity transmits a notification
of the waiver to Congress and the Comptroller General before
entering into the agreement. The notification shall include the
rationale for the determination.
``(4) The Comptroller General may not examine records
pursuant to a clause included in an agreement under paragraph
(1) more than three years after the final payment is made by
the United States under the agreement.''.
SEC. 802. STREAMLINED APPLICABILITY OF COST ACCOUNTING STANDARDS.
(a) Applicability.--Paragraph (2)(B) of section 26(f) of
the Office of Federal Procurement Policy Act (41 U.S.C.
422(f)(2)(B)) is amended by adding at the end the following new
clauses:
``(iii) Firm, fixed-price contracts or subcontracts
awarded on the basis of adequate price competition
without submission of certified cost or pricing data.
``(iv) A contract or subcontract with a value of
less than $7,500,000 if, at the time the contract or
subcontract is entered into, the segment of the
contractor or subcontractor that will perform the work
has not been awarded at least one contract or
subcontract with a value of more than $7,500,000 that
is covered by the cost accounting standards.''.
(b) Waiver.--Section 26(f) of that Act is further amended
by adding at the end the following:
``(5)(A) The head of an executive agency may waive the
applicability of the cost accounting standards for a contract
or subcontract with a value less than $15,000,000 if that
official determines in writing that the segment of the
contractor or subcontractor that will perform the work--
``(i) is primarily engaged in the sale of
commercial items; and
``(ii) would not otherwise be subject to the cost
accounting standards under this section, as in effect
on or after the effective date of this paragraph.
``(B) The head of an executive agency may also waive the
applicability of the cost accounting standards for a contract
or subcontract under exceptional circumstances when necessary
to meet the needs of the agency. A determination to waive the
applicability of the cost accounting standards under this
subparagraph shall be set forth in writing and shall include a
statement of the circumstances justifying the waiver.
``(C) The head of an executive agency may not delegate the
authority under subparagraph (A) or (B) to any official in the
executive agency below the senior policymaking level in the
executive agency.
``(D) The Federal Acquisition Regulation shall include the
following:
``(i) Criteria for selecting an official to be
delegated authority to grant waivers under subparagraph
(A) or (B).
``(ii) The specific circumstances under which such
a waiver may be granted.
``(E) The head of each executive agency shall report the
waivers granted under subparagraphs (A) and (B) for that agency
to the Board on an annual basis.''.
(c) Regulation on Types of CAS Coverage.--(1) The
Administrator for Federal Procurement Policy shall revise the
rules and procedures prescribed pursuant to section 26(f) of
the Office of Federal Procurement Policy Act (41 U.S.C. 422(f))
to the extent necessary to increase the thresholds established
in section 9903.201-2 of title 48 of the Code of Federal
Regulations from $25,000,000 to $50,000,000.
(2) Paragraph (1) requires only a change of the statement
of a threshold condition in the regulation referred to by
section number in that paragraph, and shall not be construed
as--
(A) a ratification or expression of approval of--
(i) any aspect of the regulation; or
(ii) the manner in which section 26 of the
Office of Federal Procurement Policy Act is
administered through the regulation; or
(B) a requirement to apply the regulation.
(d) Implementation.--The Administrator for Federal
Procurement Policy shall ensure that this section and the
amendments made by this section are implemented in a manner
that ensures that the Federal Government can recover costs, as
appropriate, in a case in which noncompliance with cost
accounting standards, or a change in the cost accounting system
of a contractor segment or subcontractor segment that is not
determined to be desirable by the Federal Government, results
in a shift of costs from contracts that are not covered by the
cost accounting standards to contracts that are covered by the
cost accounting standards.
(e) Implementation of Requirements for Revision of
Regulations.--(1) Final regulations required by subsection (c)
shall be issued not later than 180 days after the date of the
enactment of this Act.
(2) Subsection (c) shall cease to be effective one year
after the date on which final regulations issued in accordance
with that subsection take effect.
(f) Study of Types of CAS Coverage.--The Administrator for
Federal Procurement Policy shall review the various categories
of coverage of contracts for applying cost accounting standards
and, not later than the date on which the President submits to
Congress the budget for fiscal year 2001 under section 1105(a)
of title 31, United States Code, submit to Congress a report on
the results of the review. The report shall include an analysis
of the matters reviewed and any recommendations that the
Administrator considers appropriate regarding such matters.
(g) Inapplicability of Standards to Certain Contracts.--The
cost accounting standards issued pursuant to section 26(f) of
the Office of Federal Procurement Policy Act (41 U.S.C.
422(f)), as amended by this section, shall not apply during
fiscal year 2000 with respect to a contract entered into under
the authority provided in chapter 89 of title 5, United States
Code (relating to health benefits for Federal employees).
(h) Construction Regarding Certain Not-For-Profit
Entities.--The amendments made by subsections (a) and (b) shall
not be construed as modifying or superseding, nor as intended
to impair or restrict, the applicability of the cost accounting
standards described in section 26(f) of the Office of Federal
Procurement Policy Act (41 U.S.C. 422(f)) to--
(1) any educational institution or federally funded
research and development center that is associated with
an educational institution in accordance with Office of
Management and Budget Circular A-21, as in effect on
January 1, 1999; or
(2) any contract with a nonprofit entity that
provides research and development and related products
or services to the Department of Defense.
(i) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect 180 days after the date of enactment
of this Act, and shall apply with respect to--
(1) contracts that are entered into on or after
such effective date; and
(2) determinations made on or after such effective
date regarding whether a segment of a contractor or
subcontractor is subject to the cost accounting
standards under section 26(f) of the Office of Federal
Procurement Policy Act (41 U.S.C. 422(f)), regardless
of whether the contracts on which such determinations
are made were entered into before, on, or after such
date.
SEC. 803. SALE, EXCHANGE, AND WAIVER AUTHORITY FOR COAL AND COKE.
(a) In General.--Section 2404 of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1),
by striking ``petroleum or natural gas'' and
inserting ``a defined fuel source'';
(B) in paragraph (1)--
(i) by striking ``petroleum market
conditions or natural gas market
conditions, as the case may be,'' and
inserting ``market conditions for the
defined fuel source''; and
(ii) by striking ``acquisition of
petroleum or acquisition of natural
gas, respectively,'' and inserting
``acquisition of that defined fuel
source''; and
(C) in paragraph (2), by striking
``petroleum or natural gas, as the case may
be,'' and inserting ``that defined fuel
source'';
(2) in subsection (b), by striking ``petroleum or
natural gas'' in the second sentence and inserting ``a
defined fuel source'';
(3) in subsection (c), by striking ``petroleum''
and all that follows through the period and inserting
``a defined fuel source or services related to a
defined fuel source by exchange of a defined fuel
source or services related to a defined fuel source.'';
(4) in subsection (d)--
(A) by striking ``petroleum or natural
gas'' in the first sentence and inserting ``a
defined fuel source''; and
(B) by striking ``petroleum'' in the second
sentence and all that follows through the
period and inserting ``a defined fuel source or
services related to a defined fuel source.'';
and
(5) by adding at the end the following new
subsection:
``(f) Defined Fuel Sources.--In this section, the term
`defined fuel source' means any of the following:
``(1) Petroleum.
``(2) Natural gas.
``(3) Coal.
``(4) Coke.''.
(b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:
``Sec. 2404. Acquisition of certain fuel sources: authority to waive
contract procedures; acquisition by exchange; sales
authority''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 141 of such title is
amended to read as follows:
``2404. Acquisition of certain fuel sources: authority to waive contract
procedures; acquisition by exchange; sales authority.''.
SEC. 804. GUIDANCE ON USE OF TASK ORDER AND DELIVERY ORDER CONTRACTS.
(a) Guidance in the Federal Acquisition Regulation.--Not
later than 180 days after the date of the enactment of this
Act, the Federal Acquisition Regulation issued in accordance
with sections 6 and 25 of the Office of Federal Procurement
Policy Act (41 U.S.C. 405 and 421) shall be revised to provide
guidance to agencies on the appropriate use of task order and
delivery order contracts in accordance with sections 2304a
through 2304d of title 10, United States Code, and sections
303H through 303K of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253h through 253k).
(b) Content of Guidance.--The regulations issued pursuant
to subsection (a) shall, at a minimum, provide the following:
(1) Specific guidance on the appropriate use of
governmentwide and other multiagency contracts entered
into in accordance with the provisions of law referred
to in that subsection.
(2) Specific guidance on steps that agencies should
take in entering into and administering multiple award
task order and delivery order contracts to ensure
compliance with--
(A) the requirement in section 5122 of the
Clinger-Cohen Act (40 U.S.C. 1422) for capital
planning and investment control in purchases of
information technology products and services;
(B) the requirement in section 2304c(b) of
title 10, United States Code, and section
303J(b) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C.
253j(b)) to ensure that all contractors are
afforded a fair opportunity to be considered
for the award of task orders and delivery
orders; and
(C) the requirement in section 2304c(c) of
title 10, United States Code, and section
303J(c) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C.
253j(c)) for a statement of work in each task
order or delivery order issued that clearly
specifies all tasks to be performed or property
to be delivery under the order.
(c) GSA Federal Supply Schedules Program.--The
Administrator for Federal Procurement Policy shall consult with
the Administrator of General Services to assess the
effectiveness of the multiple awards schedule program of the
General Services Administration referred to in section
309(b)(3) of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 259(b)(3)) that is administered as the
Federal Supply Schedules program. The assessment shall include
examination of the following:
(1) The administration of the program by the
Administrator of General Services.
(2) The ordering and program practices followed by
Federal customer agencies in using schedules
established under the program.
(d) GAO Report.--Not later than one year after the date on
which the regulations required by subsection (a) are published
in the Federal Register, the Comptroller General shall submit
to Congress an evaluation of--
(1) executive agency compliance with the
regulations; and
(2) conformance of the regulations with existing
law, together with any recommendations that the
Comptroller General considers appropriate.
SEC. 805. CLARIFICATION OF DEFINITION OF COMMERCIAL ITEMS WITH RESPECT
TO ASSOCIATED SERVICES.
Section 4(12)(E) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(12)(E)) is amended to read as
follows:
``(E) Installation services, maintenance
services, repair services, training services,
and other services if--
``(i) the services are procured for
support of an item referred to in
subparagraph (A), (B), (C), or (D),
regardless of whether such services are
provided by the same source or at the
same time as the item; and
``(ii) the source of the services
provides similar services
contemporaneously to the general public
under terms and conditions similar to
those offered to the Federal
Government.''.
SEC. 806. USE OF SPECIAL SIMPLIFIED PROCEDURES FOR PURCHASES OF
COMMERCIAL ITEMS IN EXCESS OF THE SIMPLIFIED
ACQUISITION THRESHOLD.
(a) Extension of Authority.--Section 4202(e) of the
Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-
106; 110 Stat. 654; 10 U.S.C. 2304 note) is amended by striking
``three years after the date on which such amendments take
effect pursuant to section 4401(b)'' and inserting ``January 1,
2002''.
(b) GAO Report.--Not later than March 1, 2001, the
Comptroller General shall submit to Congress an evaluation of
the test program authorized by the provisions in section 4202
of the Clinger-Cohen Act of 1996, together with any
recommendations that the Comptroller General considers
appropriate regarding the test program or the use of special
simplified procedures for purchases of commercial items in
excess of the simplified acquisition threshold.
SEC. 807. REPEAL OF TERMINATION OF PROVISION OF CREDIT TOWARDS
SUBCONTRACTING GOALS FOR PURCHASES BENEFITING
SEVERELY HANDICAPPED PERSONS.
Section 2410d(c) of title 10, United States Code, is
repealed.
SEC. 808. CONTRACT GOAL FOR SMALL DISADVANTAGED BUSINESSES AND CERTAIN
INSTITUTIONS OF HIGHER EDUCATION.
Subsection (k) of section 2323 of title 10, United States
Code, is amended by striking ``2000'' both places it appears
and inserting ``2003''.
SEC. 809. REQUIRED REPORTS FOR CERTAIN MULTIYEAR CONTRACTS.
Section 2306b(l) of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (4), (5), (6), and
(7) as paragraphs (5), (6), (7), and (8), respectively;
(2) by inserting after paragraph (3) the following
new paragraph (4):
``(4) The head of an agency may not enter into a multiyear
contract (or extend an existing multiyear contract) until the
Secretary of Defense submits to the congressional defense
committees a report with respect to that contract (or contract
extension) that provides the following information, shown for
each year in the current future-years defense program and in
the aggregate over the period of the current future-years
defense program:
``(A) The amount of total obligational authority
under the contract (or contract extension) and the
percentage that such amount represents of--
``(i) the applicable procurement account;
and
``(ii) the agency procurement total.
``(B) The amount of total obligational authority
under all multiyear procurements of the agency
concerned (determined without regard to the amount of
the multiyear contract (or contract extension)) under
multiyear contracts in effect immediately before the
contract (or contract extension) is entered into and
the percentage that such amount represents of--
``(i) the applicable procurement account;
and
``(ii) the agency procurement total.
``(C) The amount equal to the sum of the amounts
under subparagraphs (A) and (B), and the percentage
that such amount represents of--
``(i) the applicable procurement account;
and
``(ii) the agency procurement total.
``(D) The amount of total obligational authority
under all Department of Defense multiyear procurements
(determined without regard to the amount of the
multiyear contract (or contract extension)), including
any multiyear contract (or contract extension) that has
been authorized by the Congress but not yet entered
into, and the percentage that such amount represents of
the procurement accounts of the Department of Defense
treated in the aggregate.''; and
(3) by adding at the end the following new
paragraph:
``(9) In this subsection:
``(A) The term `applicable procurement account'
means, with respect to a multiyear procurement contract
(or contract extension), the appropriation account from
which payments to execute the contract will be made.
``(B) The term `agency procurement total' means the
procurement accounts of the agency entering into a
multiyear procurement contract (or contract extension)
treated in the aggregate.''.
Subtitle B--Other Matters
SEC. 811. MENTOR-PROTEGE PROGRAM IMPROVEMENTS.
(a) Program Participation Term.--Subsection (e)(2) of
section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note) is
amended to read as follows:
``(2) A program participation term for any period
of not more than three years, except that the term may
be a period of up to five years if the Secretary of
Defense determines in writing that unusual
circumstances justify a program participation term in
excess of three years.''.
(b) Incentives Authorized for Mentor Firms.--Subsection (g)
of such section is amended--
(1) in paragraph (1), by striking ``shall'' and
inserting ``may'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``shall'' and
inserting ``may'';
(ii) by striking ``subsection (f)''
and all that follows through ``(i) as a
line item'' and inserting ``subsection
(f) as provided for in a line item'';
(iii) by striking the semicolon
preceding clause (ii) and inserting ``,
except that this sentence does not
apply in a case in which the Secretary
of Defense determines in writing that
unusual circumstances justify
reimbursement using a separate
contract.''; and
(iv) by striking clauses (ii),
(iii), and (iv); and
(B) by striking subparagraph (B) and
inserting the following:
``(B) The determinations made in annual performance reviews
of a mentor firm's mentor-protege agreement under subsection
(l)(2) shall be a major factor in the determinations of amounts
of reimbursement, if any, that the mentor firm is eligible to
receive in the remaining years of the program participation
term under the agreement.
``(C) The total amount reimbursed under this paragraph to a
mentor firm for costs of assistance furnished in a fiscal year
to a protege firm may not exceed $1,000,000, except in a case
in which the Secretary of Defense determines in writing that
unusual circumstances justify a reimbursement of a higher
amount.''; and
(3) in paragraph (3)(A), by striking ``either
subparagraph (A) or (C) of paragraph (2) or are
reimbursed pursuant to subparagraph (B) of such
paragraph'' and inserting ``paragraph (2)''.
(c) Three-Year Extension of Authority.--Subsection (j) of
such section is amended to read as follows:
``(j) Expiration of Authority.--(1) No mentor-protege
agreement may be entered into under subsection (e) after
September 30, 2002.
``(2) No reimbursement may be paid, and no credit toward
the attainment of a subcontracting goal may be granted, under
subsection (g) for any cost incurred after September 30,
2005.''.
(d) Reports and Reviews.--(1) Subsection (l) of such
section is amended to read as follows:
``(l) Reports and Reviews.--(1) The mentor firm and protege
firm under a mentor-protege agreement shall submit to the
Secretary of Defense an annual report on the progress made by
the protege firm in employment, revenues, and participation in
Department of Defense contracts during the fiscal year covered
by the report. The requirement for submission of an annual
report applies with respect to each fiscal year covered by the
program participation term under the agreement and each of the
two fiscal years following the expiration of the program
participation term. The Secretary shall prescribe the timing
and form of the annual report.
``(2)(A) The Secretary shall conduct an annual performance
review of each mentor-protege agreement that provides for
reimbursement of costs. The Secretary shall determine on the
basis of the review whether--
``(i) all costs reimbursed to the mentor firm under
the agreement were reasonably incurred to furnish
assistance to the protege firm in accordance with the
requirements of this section and applicable
regulations; and
``(ii) the mentor firm and protege firm accurately
reported progress made by the protege firm in
employment, revenues, and participation in Department
of Defense contracts during the program participation
term covered by the mentor-protege agreement and the
two fiscal years following the expiration of the
program participation term.
``(B) The Secretary shall act through the Commander of the
Defense Contract Management Command in carrying out the reviews
and making the determinations under subparagraph (A).
``(3) Not later than 6 months after the end of each of
fiscal years 2000 through 2004, the Secretary of Defense shall
submit to Congress an annual report on the Mentor-Protege
Program for that fiscal year.
``(4) The annual report for a fiscal year shall include, at
a minimum, the following:
``(A) The number of mentor-protege agreements that
were entered into during the fiscal year.
``(B) The number of mentor-protege agreements that
were in effect during the fiscal year.
``(C) The total amount reimbursed to mentor firms
pursuant to subsection (g) during the fiscal year.
``(D) Each mentor-protege agreement, if any, that
was approved during the fiscal year in accordance with
subsection (e)(2) to provide a program participation
term in excess of 3 years, together with the
justification for the approval.
``(E) Each reimbursement of a mentor firm in excess
of the limitation in subsection (g)(2)(C) that was made
during the fiscal year pursuant to an approval granted
in accordance with that subsection, together with the
justification for the approval.
``(F) Trends in the progress made in employment,
revenues, and participation in Department of Defense
contracts by the protege firms participating in the
program during the fiscal year and the protege firms
that completed or otherwise terminated participation in
the program during the preceding two fiscal years.''.
(2)(A) The Secretary of Defense shall conduct a review of
the Mentor-Protege Program established in section 831 of the
National Defense Authorization Act for Fiscal Year 1991 (Public
Law 101-510; 10 U.S.C. 2302 note) to assess the feasibility of
transitioning such program to operation without a specific
appropriation or authority to provide reimbursement to a mentor
firm as provided in subsection (g) of such section (as amended
by subsection (b)).
(B) In conducting the review under subparagraph (A), the
Secretary shall assess possible additional incentives that may
be extended to mentor firms to ensure adequate support and
participation in the Mentor-Protege Program, including
increasing the level of credit in lieu of subcontract awards
presently extended to mentor firms for purposes of determining
whether mentor firms attain subcontracting participation goals
applicable under Department of Defense contracts.
(C) Not later than September 30, 2000, the Secretary shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives--
(i) a report on the results of the review conducted
under this paragraph; and
(ii) any recommendations of the Secretary for
legislative action.
(3)(A) The Comptroller General shall conduct a study on the
implementation of the Mentor-Protege Program established in
section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note) and
the extent to which the program is achieving the purposes
established in that section in a cost-effective manner.
(B) The study shall include the following:
(i) A review of the manner in which funds for the
Mentor-Protege Program have been obligated.
(ii) An identification and assessment of the
average amount spent by the Department of Defense on
individual mentor-protege agreements, and the
correlation between levels of funding and business
development of protege firms.
(iii) An evaluation of the effectiveness of the
incentives provided to mentor firms to participate in
the Mentor-Protege Program and whether reimbursements
remain a cost-effective and viable incentive.
(iv) An assessment of the success of the Mentor-
Protege Program in enhancing the business
competitiveness and financial independence of protege
firms.
(v) A review of the relationship between the
results of the Mentor-Protegee Program and the
objectives established in section 2323 of title 10,
United States Code.
(C) Not later than January 1, 2002, the Comptroller General
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the results of the
study.
(e) Repeal of Limitation on Availability of Funding.--
Subsection (n) of section 831 of such Act is repealed.
(f) Effective Date and Savings Provision.--(1) The
amendments made by this section shall take effect on October 1,
1999, and shall apply with respect to mentor-protege agreements
that are entered into under section 831(e) of the National
Defense Authorization Act for Fiscal Year 1991 on or after that
date.
(2) Section 831 of the National Defense Authorization Act
for Fiscal Year 1991, as in effect on September 30, 1999, shall
continue to apply with respect to mentor-protege agreements
entered into before October 1, 1999.
SEC. 812. PROGRAM TO INCREASE BUSINESS INNOVATION IN DEFENSE
ACQUISITION PROGRAMS.
(a) Requirement To Develop Plan.--Not later than March 1,
2000, the Secretary of Defense shall publish in the Federal
Register for public comment a plan to provide for increased
innovative technology for acquisition programs of the
Department of Defense from commercial private sector entities,
including small-business concerns.
(b) Implementation of Plan.--Not later than March 1, 2001,
the Secretary of Defense shall implement the plan required by
subsection (a), subject to any modifications the Secretary may
choose to make in response to comments received.
(c) Elements of Plan.--The plan required by subsection (a)
shall include, at a minimum, the following elements:
(1) Procedures through which commercial private
sector entities, including small-business concerns, may
submit proposals recommending cost-saving and
innovative ideas to acquisition program managers.
(2) A review process designed to make
recommendations on the merit and viability of the
proposals submitted under paragraph (1) at appropriate
times during the acquisition cycle.
(3) Measures to limit potential disruptions to
existing contracts and programs from proposals accepted
and incorporated into acquisition programs of the
Department of Defense.
(4) Measures to ensure that research and
development efforts of small-business concerns are
considered as early as possible in a program's
acquisition planning process to accommodate potential
technology insertion without disruption to existing
contracts and programs.
(d) Requirement for Report.--Not later than March 1, 2000,
the Secretary of Defense shall submit to the congressional
defense committees a report on the status of the Small Business
Innovation Research program rapid transition plan required by
section 818 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
Stat. 2089). The report shall include the following:
(1) The status of the implementation of each of the
provisions of the plan.
(2) For any provision of the plan that has not been
fully implemented as of the date of the report--
(A) the reasons that the provision has not
been fully implemented; and
(B) a schedule, including specific
milestones, for the implementation of the
provision.
(e) Small-Business Concern Defined.--In this section, the
term ``small-business concern'' has the same meaning as the
meaning of such term as used in the Small Business Act (15
U.S.C. 631 et seq.).
SEC. 813. INCENTIVES TO PRODUCE INNOVATIVE NEW TECHNOLOGIES.
(a) Review of Guidelines.--The Secretary of Defense shall
review the profit guidelines established in the Department of
Defense Supplement to the Federal Acquisition Regulation to
consider whether appropriate modifications, such as placing
increased emphasis on technical risk as a factor for
determining appropriate profit margins, would provide an
increased profit incentive for contractors to develop and
produce complex and innovative new technologies.
(b) Changes to Guidelines; Report.--Not later than 180 days
after the date of the enactment of this Act, the Secretary
shall--
(1) make any changes to the profit guidelines that
the Secretary determines to be necessary; and
(2) report to Congress on the results of the review
conducted under subsection (a) and on any changes to
the profit guidelines that the Secretary determines to
be necessary pursuant to paragraph (1).
SEC. 814. PILOT PROGRAM FOR COMMERCIAL SERVICES.
(a) Program Authorized.--The Secretary of Defense may carry
out a pilot program to treat procurements of commercial
services as procurements of commercial items.
(b) Designation of Pilot Program Categories.--The Secretary
of Defense may designate the following categories of services
as commercial services covered by the pilot program:
(1) Utilities and housekeeping services.
(2) Education and training services.
(3) Medical services.
(c) Treatment as Commercial Items.--A Department of Defense
contract for the procurement of commercial services designated
by the Secretary for the pilot program shall be treated as a
contract for the procurement of commercial items, as defined in
section 4(12) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(12)), if the source of the services provides
similar services contemporaneously to the general public under
terms and conditions similar to those offered to the Federal
Government.
(d) Guidance.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall issue guidance to
procurement officials on contracting for commercial services
under the pilot program. The guidance shall place particular
emphasis on ensuring that negotiated prices for designated
services, including prices negotiated without competition, are
fair and reasonable.
(e) Unified Management of Procurements.--The Secretary of
Defense shall develop and implement procedures to ensure that,
whenever appropriate, a single item manager or contracting
officer is responsible for entering into all contracts from a
single contractor for commercial services under the pilot
program.
(f) Duration of Pilot Program.--(1) The pilot program shall
begin on the date that the Secretary issues the guidance
required by subsection (d) and may continue for a period, not
in excess of five years, that the Secretary shall establish.
(2) The pilot program shall cover Department of Defense
contracts for the procurement of commercial services designated
by the Secretary under subsection (b) that are awarded or
modified during the period of the pilot program, regardless of
whether the contracts are performed during the period.
(g) Report to Congress.--(1) The Secretary shall submit to
Congress a report on the impact of the pilot program on--
(A) prices paid by the Federal Government under
contracts for commercial services covered by the pilot
program;
(B) the quality and timeliness of the services
provided under such contracts; and
(C) the extent of competition for such contracts.
(2) The Secretary shall submit the report--
(A) not later than 90 days after the end of the
third full fiscal year for which the pilot program is
in effect; or
(B) if the period established for the pilot program
under subsection (f)(1) does not cover three full
fiscal years, not later than 90 days after the end of
the designated period.
(h) Price Trend Analysis.--The Secretary of Defense shall
apply the procedures developed pursuant to section 803(c) of
the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2081; 10 U.S.C.
2306a note) to collect and analyze information on price trends
for all services covered by the pilot program and for the
services in such categories of services not covered by the
pilot program to which the Secretary considers it appropriate
to apply those procedures.
SEC. 815. EXPANSION OF APPLICABILITY OF REQUIREMENT TO MAKE CERTAIN
PROCUREMENTS FROM SMALL ARMS PRODUCTION INDUSTRIAL
BASE.
(a) M-2 and M-60 Machine Guns.--In fulfilling the
requirement under subsection (e) of section 809 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 2086; 10 U.S.C. 2473 note),
if the Secretary of the Army determines that it is necessary to
protect the small arms production industrial base, the
Secretary shall exercise the authority under subsection (f) of
such section with regard to M-2 and M-60 machine guns.
(b) Covered Property and Services.--Section 2473(b) of
title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``Repair'' and inserting
``Critical repair'';
(B) by striking ``including repair parts'';
and
(C) by inserting ``only'' after
``consisting''; and
(2) in paragraph (2), by adding ``such'' after
``Modifications of''.
SEC. 816. COMPLIANCE WITH EXISTING LAW REGARDING PURCHASES OF EQUIPMENT
AND PRODUCTS.
(a) Sense of Congress Regarding Purchase by the Department
of Defense of Equipment and Products.--It is the sense of
Congress that any entity of the Department of Defense, in
expending funds authorized by this Act for the purchase of
equipment or products, should fully comply with the Buy
American Act (41 U.S.C. 10a et seq.) and section 2533 of title
10, United States Code.
(b) Debarment of Persons Convicted of Fraudulent Use of
``Made in America'' Labels.--If the Secretary of Defense
determines that a person has been convicted of intentionally
affixing a label bearing a ``Made in America'' inscription, or
another inscription with the same meaning, to any product sold
in or shipped to the United States that is not made in the
United States, the Secretary shall determine, in accordance
with section 2410f of title 10, United States Code, whether the
person should be debarred from contracting with the Department
of Defense.
SEC. 817. EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE
SMALL BUSINESS SUBCONTRACTING PLANS.
Section 834(e) of the National Defense Authorization Act
for Fiscal Years 1990 and 1991 (Public Law 101-189; 15 U.S.C.
637 note) is amended by striking ``September 30, 2000'' and
inserting ``September 30, 2005''.
SEC. 818. EXTENSION OF INTERIM REPORTING RULE FOR CERTAIN PROCUREMENTS
LESS THAN $100,000.
Section 31(e) of the Office of Federal Procurement Policy
Act (41 U.S.C. 427(e)) is amended by striking ``October 1,
1999'' and inserting ``October 1, 2004''.
SEC. 819. INSPECTOR GENERAL REVIEW OF COMPLIANCE WITH BUY AMERICAN ACT
IN PURCHASES OF STRENGTH TRAINING EQUIPMENT.
(a) Review Required.--The Inspector General of the
Department of Defense shall conduct a review to determine the
extent to which the purchases described in subsection (b) are
being made in compliance with the Buy American Act (41 U.S.C.
10a et seq.).
(b) Purchases Covered.--The review shall cover purchases,
made during the review period, of free weights and other
exercise equipment for use in strength training by members of
the Armed Forces stationed at defense installations located in
the United States (including its territories and possessions).
For purposes of the preceding sentence, the review period is
the period beginning on April 1, 1998, and ending on March 31,
2000. Purchases not in excess of the micro-purchase threshold
shall be excluded from the review.
(c) Report.--Not later than December 31, 2000, the
Secretary of Defense shall submit to Congress a report on the
results of the review.
(d) Definitions.--In this section:
(1) The term ``free weights'' means dumbbells or
solid metallic disks balanced on crossbars, designed to
be lifted for strength training or athletic
competition.
(2) The term ``micro-purchase threshold'' means the
amount specified in section 32(f) of the Office of
Federal Procurement Policy Act (41 U.S.C. 428(f)).
SEC. 820. REPORT ON OPTIONS FOR ACCELERATED ACQUISITION OF PRECISION
MUNITIONS.
(a) Findings.--Congress finds the following:
(1) Current Department of Defense inventories of
many types of precision munitions do not meet the
requirements for such munitions under the National
Military Strategy that the Department of Defense have
the capability to conduct two nearly simultaneous Major
Theater Wars, and with respect to some types of
precision munitions, those requirements will not be met
even after planned acquisitions are complete.
(2) Production lines for certain types of critical
precision munitions have been shut down, and the start-
up production of replacement precision munitions leaves
a critical gap in acquisition of follow-on precision
munitions.
(3) Shortages of conventional air-launched cruise
missiles during Operation Allied Force (conducted
against the Federal Republic of Yugoslavia in the
spring of 1999) and the necessity to replenish
inventories of land-attack Tomahawk cruise missiles
following that operation indicate the critical need to
maintain sufficient inventories of precision munitions.
(b) Report.--Not later than February 15, 2000, the
Secretary of Defense shall submit to the congressional defense
committees a report on the requirements of the Department of
Defense for precision munitions under the National Military
Strategy that the Department of Defense have the capability to
conduct two nearly simultaneous Major Theater Wars. The report
shall include the following:
(1) The effect of recent conflicts on the shift to
precision munitions of targets previously allocated to
nonprecision munitions in the inventory requirements
process.
(2) The required inventories of precision
munitions, by type, including existing or planned
munitions or such munitions with appropriate upgrades,
to meet the requirement that the Department of Defense
have the capability to conduct two nearly simultaneous
Major Theater Wars.
(3) Current inventories of those precision
munitions.
(4) The year when required inventories for each of
those types of precision munitions will be achieved
within the acquisition plans set forth in the budget of
the President for fiscal year 2001.
(5) The year those inventories would be achieved
within existing or planned production capacity if
produced at--
(A) the minimum sustained production rate;
(B) the most economic production rate; and
(C) the maximum production rate.
(6) The required level of funding to support
production for each of those types of munitions at each
of the production rates specified in paragraph (5),
compared to the funding programmed for each type of
munition in the future-years defense program using the
acquisition plans specified in paragraph (4).
(7) With respect to each existing or planned
munitions for which the inventory is not expected to
meet the two Major Theater War requirement by October
1, 2005, the Secretary's assessment of the risk
associated with not having met such requirement by that
date.
SEC. 821. TECHNICAL AMENDMENT TO PROHIBITION ON RELEASE OF CONTRACTOR
PROPOSALS UNDER THE FREEDOM OF INFORMATION ACT.
Section 2305(g) of title 10, United States Code, is amended
in paragraph (1) by striking ``the Department of Defense'' and
inserting ``an agency named in section 2303 of this title''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Strategic Planning
Sec. 901. Permanent requirement for Quadrennial Defense Review.
Sec. 902. Minimum interval for updating and revising Department of
Defense strategic plan.
Subtitle B--Department of Defense Organization
Sec. 911. Responsibility for logistics and sustainment functions of the
Department of Defense.
Sec. 912. Enhancement of technology security program of Department of
Defense.
Sec. 913. Efficient utilization of defense laboratories.
Sec. 914. Center for the Study of Chinese Military Affairs.
Sec. 915. Authority for acceptance by Asia-Pacific Center for Security
Studies of foreign gifts and donations.
Subtitle C--Personnel Management
Sec. 921. Revisions to limitations on number of personnel assigned to
major Department of Defense headquarters activities.
Sec. 922. Defense acquisition workforce reductions.
Sec. 923. Monitoring and reporting requirements regarding operations
tempo and personnel tempo.
Sec. 924. Administration of defense reform initiative enterprise program
for military manpower and personnel information.
Sec. 925. Payment of tuition for education and training of members in
defense acquisition workforce.
Subtitle D--Other Matters
Sec. 931. Additional matters for annual reports on joint warfighting
experimentation.
Sec. 932. Oversight of Department of Defense activities to combat
terrorism.
Sec. 933. Responsibilities and accountability for certain financial
management functions.
Sec. 934. Management of Civil Air Patrol.
Subtitle A--Department of Defense Strategic Planning
SEC. 901. PERMANENT REQUIREMENT FOR QUADRENNIAL DEFENSE REVIEW.
(a) Review Required.--(1) Chapter 2 of title 10, United
States Code, is amended by inserting after section 117 the
following new section:
``Sec. 118. Quadrennial defense review
``(a) Review Required.--The Secretary of Defense shall
every four years, during a year following a year evenly
divisible by four, conduct a comprehensive examination (to be
known as a `quadrennial defense review') of the national
defense strategy, force structure, force modernization plans,
infrastructure, budget plan, and other elements of the defense
program and policies of the United States with a view toward
determining and expressing the defense strategy of the United
States and establishing a defense program for the next 20
years. Each such quadrennial defense review shall be conducted
in consultation with the Chairman of the Joint Chiefs of Staff.
``(b) Conduct of Review.--Each quadrennial defense review
shall be conducted so as--
``(1) to delineate a national defense strategy
consistent with the most recent National Security
Strategy prescribed by the President pursuant to
section 108 of the National Security Act of 1947 (50
U.S.C. 404a);
``(2) to define sufficient force structure, force
modernization plans, infrastructure, budget plan, and
other elements of the defense program of the United
States associated with that national defense strategy
that would be required to execute successfully the full
range of missions called for in that national defense
strategy ; and
``(3) to identify (A) the budget plan that would be
required to provide sufficient resources to execute
successfully the full range of missions called for in
that national defense strategy at a low-to-moderate
level of risk, and (B) any additional resources (beyond
those programmed in the current future-years defense
program) required to achieve such a level of risk.
``(c) Assessment of Risk.--The assessment of risk for the
purposes of subsection (b) shall be undertaken by the Secretary
of Defense in consultation with the Chairman of the Joint
Chiefs of Staff. That assessment shall define the nature and
magnitude of the political, strategic, and military risks
associated with executing the missions called for under the
national defense strategy.
``(d) Submission of QDR to Congressional Committees.--The
Secretary shall submit a report on each quadrennial defense
review to the Committees on Armed Services of the Senate and
the House of Representatives. The report shall be submitted not
later than September 30 of the year in which the review is
conducted. The report shall include the following:
``(1) The results of the review, including a
comprehensive discussion of the national defense
strategy of the United States and the force structure
best suited to implement that strategy at a low-to-
moderate level of risk.
``(2) The assumed or defined national security
interests of the United States that inform the national
defense strategy defined in the review.
``(3) The threats to the assumed or defined
national security interests of the United States that
were examined for the purposes of the review and the
scenarios developed in the examination of those
threats.
``(4) The assumptions used in the review, including
assumptions relating to--
``(A) the status of readiness of United
States forces;
``(B) the cooperation of allies, mission-
sharing and additional benefits to and burdens
on United States forces resulting from
coalition operations;
``(C) warning times;
``(D) levels of engagement in operations
other than war and smaller-scale contingencies
and withdrawal from such operations and
contingencies; and
``(E) the intensity, duration, and military
and political end-states of conflicts and
smaller-scale contingencies.
``(5) The effect on the force structure and on
readiness for high-intensity combat of preparations for
and participation in operations other than war and
smaller-scale contingencies.
``(6) The manpower and sustainment policies
required under the national defense strategy to support
engagement in conflicts lasting longer than 120 days.
``(7) The anticipated roles and missions of the
reserve components in the national defense strategy and
the strength, capabilities, and equipment necessary to
assure that the reserve components can capably
discharge those roles and missions.
``(8) The appropriate ratio of combat forces to
support forces (commonly referred to as the `tooth-to-
tail' ratio) under the national defense strategy,
including, in particular, the appropriate number and
size of headquarters units and Defense Agencies for
that purpose.
``(9) The strategic and tactical air-lift, sea-
lift, and ground transportation capabilities required
to support the national defense strategy.
``(10) The forward presence, pre-positioning, and
other anticipatory deployments necessary under the
national defense strategy for conflict deterrence and
adequate military response to anticipated conflicts.
``(11) The extent to which resources must be
shifted among two or more theaters under the national
defense strategy in the event of conflict in such
theaters.
``(12) The advisability of revisions to the Unified
Command Plan as a result of the national defense
strategy.
``(13) The effect on force structure of the use by
the armed forces of technologies anticipated to be
available for the ensuing 20 years.
``(14) Any other matter the Secretary considers
appropriate.
``(e) CJCS Review.--Upon the completion of each review
under subsection (a), the Chairman of the Joint Chief of Staff
shall prepare and submit to the Secretary of Defense the
Chairman's assessment of the review, including the Chairman's
assessment of risk. The Chairman's assessment shall be
submitted to the Secretary in time for the inclusion of the
assessment in the report. The Secretary shall include the
Chairman's assessment, together with the Secretary's comments,
in the report in its entirety.''.
(2) The table of sections at the beginning of chapter 2 of
such title is amended by inserting after the item relating to
section 117 the following new item:
``118. Quadrennial defense review.''.
(b) Date for Submission of National Security Strategy.--
Section 108(a) of the National Security Act of 1947 (50 U.S.C.
404a(a)) is amended by adding at the end the following new
paragraph:
``(3) Not later than 150 days after the date on which a new
President takes office, the President shall transmit to
Congress a national security strategy report under this
section. That report shall be in addition to the report for
that year transmitted at the time specified in paragraph
(2).''.
(c) Specified Matter for Next QDR.--In the first
quadrennial defense review conducted under section 118 of title
10, United States Code, as added by subsection (a), the
Secretary shall include in the technologies considered for the
purposes of paragraph (13) of subsection (d) of that section
the following: precision guided munitions, stealth, night
vision, digitization, and communications.
SEC. 902. MINIMUM INTERVAL FOR UPDATING AND REVISING DEPARTMENT OF
DEFENSE STRATEGIC PLAN.
Section 306(b) of title 5, United States Code, is amended
by striking ``, and shall be updated and revised at least every
three years.'' and inserting a period and the following: ``The
strategic plan shall be updated and revised at least every
three years, except that the strategic plan for the Department
of Defense shall be updated and revised at least every four
years.''.
Subtitle B--Department of Defense Organization
SEC. 911. RESPONSIBILITY FOR LOGISTICS AND SUSTAINMENT FUNCTIONS OF THE
DEPARTMENT OF DEFENSE.
(a) Under Secretary of Defense for Acquisition and
Technology.--(1) The position of Under Secretary of Defense for
Acquisition and Technology in the Department of Defense is
hereby redesignated as the Under Secretary of Defense for
Acquisition, Technology, and Logistics. Any reference in any
law, regulation, document, or other record of the United States
to the Under Secretary of Defense for Acquisition and
Technology shall be treated as referring to the Under Secretary
of Defense for Acquisition, Technology, and Logistics.
(2) Section 133 of title 10, United States Code, is
amended--
(A) in subsections (a), (b), and (e)(1), by
striking ``Under Secretary of Defense for Acquisition
and Technology'' and inserting ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'';
and
(B) in subsection (b)--
(i) by striking ``logistics,'' in paragraph
(2);
(ii) by redesignating paragraphs (3) and
(4) as paragraphs (4) and (5), respectively;
and
(iii) by inserting after paragraph (2) the
following new paragraph (3):
``(3) establishing policies for logistics,
maintenance, and sustainment support for all elements
of the Department of Defense;''.
(b) New Deputy Under Secretary for Logistics and Materiel
Readiness.--(1) Chapter 4 of title 10, United States Code, is
amended by inserting after section 133a the following new
section:
``Sec. 133b. Deputy Under Secretary of Defense for Logistics and
Materiel Readiness
``(a) There is a Deputy Under Secretary of Defense for
Logistics and Materiel Readiness, appointed from civilian life
by the President, by and with the advice and consent of the
Senate. The Deputy Under Secretary shall be appointed from
among persons with an extensive background in the sustainment
of major weapon systems and combat support equipment.
``(b) The Deputy Under Secretary is the principal adviser
to the Secretary and the Under Secretary of Defense for
Acquisition, Technology, and Logistics on logistics and
materiel readiness in the Department of Defense and is the
principal logistics official within the senior management of
the Department of Defense.
``(c) The Deputy Under Secretary shall perform such duties
relating to logistics and materiel readiness as the Under
Secretary of Defense for Acquisition, Technology, and Logistics
may assign, including--
``(1) prescribing, by authority of the Secretary of
Defense, policies and procedures for the conduct of
logistics, maintenance, materiel readiness, and
sustainment support in the Department of Defense;
``(2) advising and assisting the Secretary of
Defense, the Deputy Secretary of Defense, and the Under
Secretary of Defense for Acquisition, Technology, and
Logistics providing guidance to and consulting with the
Secretaries of the military departments, with respect
to logistics, maintenance, materiel readiness, and
sustainment support in the Department of Defense; and
``(3) monitoring and reviewing all logistics,
maintenance, materiel readiness, and sustainment
support programs in the Department of Defense.''.
(2) Section 5314 of title 5, United States Code, is amended
by inserting after the paragraph relating to the Deputy Under
Secretary of Defense for Acquisition and Technology the
following new paragraph:
``Deputy Under Secretary of Defense for Logistics
and Materiel Readiness.''.
(c) Revisions to Law Providing for Deputy Under Secretary
for Acquisition and Technology.--Section 133a(b) of title 10,
United States Code, is amended--
(1) by striking ``his duties'' in the first
sentence and inserting ``the Under Secretary's duties
relating to acquisition and technology''; and
(2) by striking the second sentence.
(d) Conforming Amendments to Chapter 4.-- Chapter 4 of such
title is further amended as follows:
(1) Sections 131(b)(2), 134(c), 137(b), and 139(b)
are amended by striking ``Under Secretary of Defense
for Acquisition and Technology'' each place it appears
and inserting ``Under Secretary of Defense for
Acquisition, Technology, and Logistics''.
(2) The heading of section 133 is amended to read
as follows:
``Sec. 133. Under Secretary of Defense for Acquisition, Technology, and
Logistics''.
(3) The table of sections at the beginning of the
chapter is amended--
(A) by striking the item relating to
section 133 and inserting the following:
``133. Under Secretary of Defense for Acquisition, Technology, and
Logistics.'';
and
(B) by inserting after the item relating to
section 133a the following new item:
``133b. Deputy Under Secretary of Defense for Logistics and Materiel
Readiness.''.
(e) Additional Conforming Amendments.--Section 5313 of
title 5, United States Code, is amended by striking ``Under
Secretary of Defense for Acquisition and Technology'' and
inserting ``Under Secretary of Defense for Acquisition,
Technology, and Logistics''.
SEC. 912. ENHANCEMENT OF TECHNOLOGY SECURITY PROGRAM OF DEPARTMENT OF
DEFENSE.
(a) Specification of Technology Security Directorate.--For
purposes of this section, a reference to the Technology
Security Directorate is a reference to the element within the
Defense Threat Reduction Agency of the Department of Defense
having responsibility for technology security matters (known as
of the date of the enactment of this Act as the Technology
Security Directorate).
(b) Functions.--The head of the Technology Security
Directorate shall have authority to advise the Secretary of
Defense and the Deputy Secretary of Defense, through the Under
Secretary of Defense for Policy, on policy issues related to
the transfer of strategically sensitive technology, including
issues relating to the following:
(1) Strategic trade.
(2) Defense cooperative programs.
(3) Science and technology agreements and
exchanges.
(4) Export of munitions items.
(5) International memorandums of understanding.
(6) Foreign acquisitions.
(c) Resources for Technology Security Directorate.--The
Secretary of Defense shall ensure that the head of the
Technology Security Directorate has appropriate personnel and
fiscal resources available, and receives all necessary support,
to carry out the missions of the Directorate efficiently and
effectively.
(d) Approval Authority of Under Secretary for Policy.--
Staff and resources of the Technology Security Directorate may
not be used to fulfill any requirement or activity of the
Defense Threat Reduction Agency that does not directly relate
to the technology security and export control missions of the
Technology Security Directorate except with the prior approval
of the Under Secretary of Defense for Policy.
(e) Report on Export Control Resources.--Not later than
March 1, 2000, the Secretary of Defense shall submit to the
congressional defense committees a report setting forth the
personnel and budget resources of the Technology Security
Directorate as of October 1, 1998, and as of September 30,
1999, as well as any planned increases in those resources for
fiscal years 2000 and 2001. The report shall include the
following:
(1) Numbers of personnel, measured in full-time
equivalents.
(2) Number of license applications reviewed.
(3) The budget of the Technology Security
Directorate.
(4) The number of personnel during the preceding
fiscal year assigned to the Technology Security
Directorate who were assigned during that year to
assist in activities of the Defense Threat Reduction
Agency unrelated to technology security or export
control issues, together with an explanation of the
effect of any such assignment on the Directorate's
ability to fulfill its mission.
SEC. 913. EFFICIENT UTILIZATION OF DEFENSE LABORATORIES.
(a) Analysis by Independent Panel.--(1) Not later than 45
days after the date of the enactment of this Act, the Secretary
of Defense shall convene a panel of independent experts under
the auspices of the Defense Science Board to conduct an
analysis of the resources and capabilities of all of the
laboratories and test and evaluation facilities of the
Department of Defense, including those of the military
departments. In conducting the analysis, the panel shall
identify opportunities to achieve efficiency and reduce
duplication of efforts by consolidating responsibilities by
area or function or by designating lead agencies or executive
agents in cases considered appropriate. The panel shall report
its findings to the Secretary of Defense and to Congress not
later than August 1, 2000.
(2) The analysis required by paragraph (1) shall, at a
minimum, address the capabilities of the laboratories and test
and evaluation facilities in the areas of air vehicles,
armaments, command, control, communications, and intelligence,
space, directed energy, electronic warfare, medicine, corporate
laboratories, civil engineering, geophysics, and the
environment.
(b) Performance Review Process.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall develop an appropriate performance review process
for rating the quality and relevance of work performed by the
Department of Defense laboratories. The process shall include
customer evaluation and peer review by Department of Defense
personnel and appropriate experts from outside the Department
of Defense. The process shall provide for rating all
laboratories of the Army, Navy, and Air Force on a consistent
basis.
SEC. 914. CENTER FOR THE STUDY OF CHINESE MILITARY AFFAIRS.
(a) Establishment.--The Secretary of Defense shall
establish a Center for the Study of Chinese Military Affairs as
part of the National Defense University. The Center shall be
organized under the Institute for National Strategic Studies of
the University.
(b) Qualifications of Director.--The Director of the Center
shall be an individual who is a distinguished scholar of proven
academic, management, and leadership credentials with a
superior record of achievement and publication regarding
Chinese political, strategic, and military affairs.
(c) Mission.--The mission of the Center is to study and
inform policymakers in the Department of Defense, Congress, and
throughout the Government regarding the national goals and
strategic posture of the People's Republic of China and the
ability of that nation to develop, field, and deploy an
effective military instrument in support of its national
strategic objectives. The Center shall accomplish that mission
by a variety of means intended to widely disseminate the
research findings of the Center.
(d) Startup of Center.--The Secretary of Defense shall
establish the Center for the Study of Chinese Military Affairs
not later than March 1, 2000. The first Director of the Center
shall be appointed not later than June 1, 2000. The Center
should be fully operational not later than June 1, 2001.
(e) Implementation Report.--(1) Not later than January 1,
2001, the President of the National Defense University shall
submit to the Secretary of Defense a report setting forth the
President's organizational plan for the Center for the Study of
Chinese Military Affairs, the proposed budget for the Center,
and the timetable for initial and full operations of the
Center. The President of the National Defense University shall
prepare that report in consultation with the Director of the
Center and the Director of the Institute for National Strategic
Studies of the University.
(2) The Secretary of Defense shall transmit the report
under paragraph (1), together with whatever comments the
Secretary considers appropriate, to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives not later than February 1, 2001.
SEC. 915. AUTHORITY FOR ACCEPTANCE BY ASIA-PACIFIC CENTER FOR SECURITY
STUDIES OF FOREIGN GIFTS AND DONATIONS.
(a) In General.--Chapter 155 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2611. Asia-Pacific Center for Security Studies: acceptance of
foreign gifts and donations
``(a) Authority To Accept Foreign Gifts and Donations.--(1)
Subject to subsection (b), the Secretary of Defense may accept,
on behalf of the Asia-Pacific Center, foreign gifts or
donations in order to defray the costs of, or enhance the
operation of, the Asia-Pacific Center.
``(2) In this section, the term `Asia-Pacific Center' means
the Department of Defense organization within the United States
Pacific Command known as the Asia-Pacific Center for Security
Studies.
``(b) Limitation.--The Secretary may not accept a gift or
donation under subsection (a) if the acceptance of the gift or
donation would compromise or appear to compromise--
``(1) the ability of the Department of Defense, any
employee of the Department, or members of the armed
forces to carry out any responsibility or duty of the
Department in a fair and objective manner; or
``(2) the integrity of any program of the
Department of Defense or of any person involved in such
a program.
``(c) Criteria for Acceptance.--The Secretary shall
prescribe written guidance setting forth the criteria to be
used in determining whether the acceptance of a foreign gift or
donation would have a result described in subsection (b).
``(d) Crediting of Funds.--Funds accepted by the Secretary
under subsection (a) shall be credited to appropriations
available to the Department of Defense for the Asia-Pacific
Center. Funds so credited shall be merged with the
appropriations to which credited and shall be available to the
Asia-Pacific Center for the same purposes and same period as
the appropriations with which merged.
``(e) Notice to Congress.--If the total amount of funds
accepted under subsection (a) in any fiscal year exceeds
$2,000,000, the Secretary shall notify Congress of the amount
of those donations for that fiscal year. Any such notice shall
list each of the contributors of such amounts and the amount of
each contribution in that fiscal year.
``(f) Foreign Gift or Donation Defined.--For purposes of
this section, a foreign gift or donation is a gift or donation
of funds, materials (including research materials), property,
or services (including lecture services and faculty services)
from a foreign government, a foundation or other charitable
organization in a foreign country, or an individual in a
foreign country.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2611. Asia-Pacific Center for Security Studies: acceptance of foreign
gifts and donations.''.
Subtitle C--Personnel Management
SEC. 921. REVISIONS TO LIMITATIONS ON NUMBER OF PERSONNEL ASSIGNED TO
MAJOR DEPARTMENT OF DEFENSE HEADQUARTERS
ACTIVITIES.
(a) Revised Limitation.--(1) Section 130a of title 10,
United States Code, is amended to read as follows:
``Sec. 130a. Major Department of Defense headquarters activities
personnel: limitation
``(a) Limitation.--Effective October 1, 2002, the number of
major headquarters activities personnel in the Department of
Defense may not exceed 85 percent of the baseline number.
``(b) Phased Reduction.--The number of major headquarters
activities personnel in the Department of Defense--
``(1) as of October 1, 2000, may not exceed 95
percent of the baseline number; and
``(2) as of October 1, 2001, may not exceed 90
percent of the baseline number.
``(c) Baseline Number.--In this section, the term `baseline
number' means the number of major headquarters activities
personnel in the Department of Defense as of October 1, 1999.
``(d) Major Headquarters Activities.--(1) For purposes of
this section, major headquarters activities are those
headquarters (and the direct support integral to their
operation) the primary mission of which is to manage or command
the programs and operations of the Department of Defense, the
Department of Defense components, and their major military
units, organizations, or agencies. Such term includes
management headquarters, combatant headquarters, and direct
support.
``(2) The specific elements of the Department of Defense
that are major headquarters activities for the purposes of this
section are those elements identified as Major DoD Headquarters
Activities in accordance with Department of Defense Directive
5100.73, entitled `Major Department of Defense Headquarters
Activities', issued on May 13, 1999. The provisions of that
directive applicable to identification of any activity as a
`Major DoD Headquarters Activity' may not be changed except as
provided by law.
``(e) Major Headquarters Activities Personnel.--In this
section, the term `major headquarters activities personnel'
means military and civilian personnel of the Department of
Defense who are assigned to, or employed in, functions in major
headquarters activities.
``(f) Limitation on Reassignment of Functions.--In carrying
out reductions in the number of personnel assigned to, or
employed in, major headquarters activities in order to comply
with this section, the Secretary of Defense and the Secretaries
of the military departments may not reassign functions in order
to evade the requirements of this section.''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 3 of such title is amended
to read as follows:
``130a. Major Department of Defense headquarters activities personnel:
limitation.''.
(b) Report.--Not later than October 1, 2000, the Secretary
of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a report providing--
(1) the Secretary's assessment of the manner in
which major headquarters activities are specified in
subsection (d) of section 130a of title 10, United
States Code, as amended by subsection (a);
(2) the baseline number in effect for purposes of
that section; and
(3) the effect (if any) of the reductions required
by that section on the Department's various
headquarters activities.
(c) Technical Amendments to Update Limitation on OSD
Personnel.--Effective October 1, 1999, section 143 of title 10,
United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Effective October 1,
1999, the'' and inserting ``The''; and
(B) by striking ``75 percent of the
baseline number'' and inserting ``3,767''.
(2) by striking subsections (b), (c), and (f); and
(3) by redesignating subsections (d) and (e) as
subsections (b) and (c), respectively.
SEC. 922. DEFENSE ACQUISITION WORKFORCE REDUCTIONS.
(a) Reduction.--The Secretary of Defense shall implement
reductions during fiscal year 2000 in the defense acquisition
and support workforce in a number not less than the number by
which that workforce is programmed to be reduced during that
fiscal year in the President's budget for that fiscal year.
(b) Administrative Flexibility.--If the Secretary
determines and certifies to Congress that changed circumstances
require, in the national security interest of the United
States, that the reduction under subsection (a) be in a number
less than the number applicable under that subsection, the
Secretary may specify a lower number for that reduction, which
may not be less than 10 percent less than the number applicable
under subsection (a).
(c) Report.--Not later than May 1, 2000, the Secretary
shall submit to Congress a report on the defense acquisition
and support workforce. The Secretary shall include in that
report--
(1) the total number of personnel the Secretary
expects to reduce from the defense acquisition and
support workforce during fiscal year 2000 pursuant to
subsection (a); and
(2) the total number by which that workforce is
programmed to be reduced for fiscal year 2001 in the
President's budget for that fiscal year.
(d) Defense Acquisition Workforce Defined.--For purposes of
this section, the term ``defense acquisition and support
workforce'' has the meaning given that term in section 931(d)
of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2106).
SEC. 923. MONITORING AND REPORTING REQUIREMENTS REGARDING OPERATIONS
TEMPO AND PERSONNEL TEMPO.
(a) Responsibility Over Monitoring and Standards.--Section
136 of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(d) The Under Secretary of Defense for Personnel and
Readiness is responsible, subject to the authority, direction,
and control of the Secretary of Defense, for the monitoring of
the operations tempo and personnel tempo of the armed forces.
The Under Secretary shall establish, to the extent practicable,
uniform standards within the Department of Defense for
terminology and policies relating to deployment of units and
personnel away from their assigned duty stations (including the
length of time units or personnel may be away for such a
deployment) and shall establish uniform reporting systems for
tracking deployments.''.
(b) Annual Reporting Requirements.--(1) Chapter 23 of such
title is amended by adding after section 486, as added by
section 241(a), the following new section:
``Sec. 487. Unit operations tempo and personnel tempo: annual report
``(a) Inclusion in Annual Report.--The Secretary of Defense
shall include in the annual report required by section 113(c)
of this title a description of the operations tempo and
personnel tempo of the armed forces.
``(b) Specific Requirements.--(1) Until such time as the
Secretary of Defense develops a common method to measure
operations tempo and personnel tempo for the armed forces, the
description required under subsection (a) shall include the
methods by which each of the armed forces measures operations
tempo and personnel tempo.
``(2) The description shall include the personnel tempo
policies of each of the armed forces and any changes to these
policies since the preceding report.
``(3) The description shall include a table depicting the
active duty end strength for each of the armed forces for each
of the preceding five years and also depicting the number of
members of each of the armed forces deployed over the same
period, as determined by the Secretary concerned.
``(4) The description shall identify the active and reserve
component units of the armed forces participating at the
battalion, squadron, or an equivalent level (or a higher level)
in contingency operations, major training events, and other
exercises and contingencies of such a scale that the exercises
and contingencies receive an official designation, that were
conducted during the period covered by the report and the
duration of their participation.
``(5) For each of the armed forces, the description shall
indicate the average number of days a member of that armed
force was deployed away from the member's home station during
the period covered by the report as compared to recent previous
years for which such information is available.
``(6) For each of the armed forces, the description shall
indicate the number of days that high demand, low density units
(as defined by the Chairman of the Joint Chiefs of Staff) were
deployed during the period covered by the report, and whether
these units met the force goals for limiting deployments, as
described in the personnel tempo policies applicable to that
armed force.
``(c) Operations Tempo and Personnel Tempo Defined.--Until
such time as the Secretary of Defense establishes definitions
of operations tempo and personnel tempo applicable to all of
the armed forces, the following definitions shall apply for
purposes of the preparation of the description required under
subsection (a):
``(1) The term `operations tempo' means the rate at
which units of the armed forces are involved in all
military activities, including contingency operations,
exercises, and training deployments.
``(2) The term `personnel tempo' means the amount
of time members of the armed forces are engaged in
their official duties, including official duties at a
location or under circumstances that make it infeasible
for a member to spend off-duty time in the housing in
which the member resides when on garrison duty at the
member's permanent duty station.
``(d) Other Definitions.--In this section, the term `armed
forces' does not include the Coast Guard when it is not
operating as a service in the Department of the Navy.''.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item relating to section 486, as
added by section 241(a), the following new item:
``487. Unit operations tempo and personnel tempo: annual report.''.
SEC. 924. ADMINISTRATION OF DEFENSE REFORM INITIATIVE ENTERPRISE
PROGRAM FOR MILITARY MANPOWER AND PERSONNEL
INFORMATION.
(a) Executive Agent.--The Secretary of Defense may
designate the Secretary of the Navy as the Department of
Defense executive agent for carrying out the pilot program
described in subsection (c).
(b) Implementing Office.--If the Secretary of Defense makes
the designation referred to in subsection (a), the Secretary of
the Navy, in carrying out that pilot program, shall act through
the head of the Systems Executive Office for Manpower and
Personnel of the Department of the Navy, who shall act in
coordination with the Under Secretary of Defense for Personnel
and Readiness and the Chief Information Officer of the
Department of Defense.
(c) Pilot Program.--The pilot program referred to in
subsection (a) is the defense reform initiative enterprise
pilot program for military manpower and personnel information
established pursuant to section 8147 of the Department of
Defense Appropriations Act, 1999 (Public Law 105-262; 112 Stat.
2341; 10 U.S.C. 113 note).
SEC. 925. PAYMENT OF TUITION FOR EDUCATION AND TRAINING OF MEMBERS IN
DEFENSE ACQUISITION WORKFORCE.
(a) Authority To Exceed 75 Percent Limitation.--Subsection
(a) of section 1745 of title 10, United States Code, is amended
to read as follows:
``(a) Tuition Reimbursement and Training.--(1) The
Secretary of Defense shall provide for tuition reimbursement
and training (including a full-time course of study leading to
a degree) for acquisition personnel in the Department of
Defense.
``(2) For civilian personnel, the reimbursement and
training shall be provided under section 4107(b) of title 5 for
the purposes described in that section. For purposes of such
section 4107(b), there is deemed to be, until September 30,
2001, a shortage of qualified personnel to serve in acquisition
positions in the Department of Defense.
``(3) In the case of members of the armed forces, the
limitation in section 2007(a) of this title shall not apply to
tuition reimbursement and training provided for under this
subsection.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to charges for tuition or expenses
incurred after the date of the enactment of this Act.
Subtitle D--Other Matters
SEC. 931. ADDITIONAL MATTERS FOR ANNUAL REPORTS ON JOINT WARFIGHTING
EXPERIMENTATION.
Section 485(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(5) With respect to improving the effectiveness
of joint warfighting, any recommendations that the
commander considers appropriate, based on the results
of joint warfighting experimentation, regarding--
``(A) the development, procurement, or
fielding of advanced technologies, systems, or
weapons or systems platforms or other changes
in doctrine, operational concepts,
organization, training, materiel, leadership,
personnel, or the allocation of resources;
``(B) the reduction or elimination of
redundant equipment and forces, including
guidance regarding the synchronization of the
fielding of advanced technologies among the
armed forces to enable the development and
execution of joint operational concepts;
``(C) recommendations for mission needs
statements, operational requirements, and
relative priorities for acquisition programs to
meet joint requirements; and
``(D) a description of any actions taken by
the Secretary of Defense to implement the
recommendations of the commander.''.
SEC. 932. OVERSIGHT OF DEPARTMENT OF DEFENSE ACTIVITIES TO COMBAT
TERRORISM.
(a) Report Requirement.--Not later than December 31, 1999,
the Secretary of Defense shall submit to the congressional
defense committees a report, in classified and unclassified
form, identifying all programs and activities of the Department
of Defense combating terrorism program. The report shall
include--
(1) the definitions used by the Department of
Defense for all terms relating to combating terrorism,
including ``counterterrorism'', ``anti-terrorism'', and
``consequence management''; and
(2) the various initiatives and projects being
conducted by the Department that fall under each of the
categories referred to in paragraph (1).
(b) Annual Budget Information.--(1) Chapter 9 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 229. Programs for combating terrorism: display of budget
information
``(a) Submission With Annual Budget Justification
Documents.--The Secretary of Defense shall submit to Congress,
as a part of the documentation that supports the President's
annual budget for the Department of Defense, a consolidated
budget justification display, in classified and unclassified
form, that includes all programs and activities of the
Department of Defense combating terrorism program.
``(b) Requirements for Budget Display.--The budget display
under subsection (a) shall include--
``(1) the amount requested, by appropriation and
functional area, for each of the program elements,
projects, and initiatives that support the Department
of Defense combating terrorism program, with supporting
narrative descriptions and rationale for the funding
levels requested; and
``(2) a summary, to the program element and project
level of detail, of estimated expenditures for the
current year, funds requested for the budget year, and
budget estimates through the completion of the current
future-years defense plan for the Department of Defense
combating terrorism program.
``(c) Explanation of Inconsistencies.--As part of the
budget display under subsection (a) for any fiscal year, the
Secretary shall identify and explain--
``(1) any inconsistencies between (A) the
information submitted under subsection (b) for that
fiscal year, and (B) the information provided to the
Director of the Office of Management and Budget in
support of the annual report of the President to
Congress on funding for executive branch
counterterrorism and antiterrorism programs and
activities for that fiscal year in accordance with
section 1051(b) of the National Defense Authorization
Act for Fiscal Year 1998 (31 U.S.C. 1113 note); and
``(2) any inconsistencies between (A) the
execution, during the previous fiscal year and the
current fiscal year, of programs and activities of the
Department of Defense combating terrorism program, and
(B) the funding and specification for such programs and
activities for those fiscal years in the manner
provided by Congress (both in statutes and in relevant
legislative history).
``(d) Semiannual Reports on Obligations and Expenditures.--
The Secretary shall submit to the congressional defense
committees a semiannual report on the obligation and
expenditure of funds for the Department of Defense combating
terrorism program. Such reports shall be submitted not later
than April 15 each year, with respect to the first half of a
fiscal year, and not later than November 15 each year, with
respect to the second half of a fiscal year. Each such report
shall compare the amounts of those obligations and expenditures
to the amounts authorized and appropriated for the Department
of Defense combating terrorism program for that fiscal year, by
budget activity, sub-budget activity, and program element or
line item. The second report for a fiscal year shall show such
information for the second half of the fiscal year and
cumulatively for the whole fiscal year. The report shall be
submitted in unclassified form, but may have a classified
annex.
``(e) Department of Defense Combating Terrorism Program.--
In this section, the term `Department of Defense combating
terrorism program' means the programs, projects, and activities
of the Department of Defense related to combating terrorism
inside and outside the United States.
``(f) Congressional Defense Committees Defined.--In this
section, the term `congressional defense committees' means--
``(A) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
``(B) the Committee on Armed Services and the
Committee on Appropriations of the House of
Representatives.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``229. Programs for combating terrorism: display of budget
information.''.
SEC. 933. RESPONSIBILITIES AND ACCOUNTABILITY FOR CERTAIN FINANCIAL
MANAGEMENT FUNCTIONS.
(a) In General.--(1) Chapter 165 of title 10, United States
Code, is amended by adding at the end the following new
sections:
``Sec. 2784. Management of credit cards
``(a) Management of Credit Cards.--The Secretary of
Defense, acting through the Under Secretary of Defense
(Comptroller), shall prescribe regulations governing the use
and control of all credit cards and convenience checks that are
issued to Department of Defense personnel for official use.
Those regulations shall be consistent with regulations that
apply Government-wide regarding use of credit cards by
Government personnel for official purposes.
``(b) Required Safeguards and Internal Controls.--
Regulations under subsection (a) shall include safeguards and
internal controls to ensure the following:
``(1) That there is a record in the Department of
Defense of each holder of a credit card issued by the
Department of Defense for official use, annotated with
the limitations on amounts that are applicable to the
use of each such card by that credit card holder.
``(2) That the holder of a credit card and each
official with authority to authorize expenditures
charged to the credit card are responsible for--
``(A) reconciling the charges appearing on
each statement of account for that credit card
with receipts and other supporting
documentation; and
``(B) forwarding that statement after being
so reconciled to the designated disbursing
office in a timely manner.
``(3) That any disputed credit card charge, and any
discrepancy between a receipt and other supporting
documentation and the credit card statement of account,
is resolved in the manner prescribed in the applicable
Government-wide credit card contract entered into by
the Administrator of General Services.
``(4) That payments on credit card accounts are
made promptly within prescribed deadlines to avoid
interest penalties.
``(5) That rebates and refunds based on prompt
payment on credit card accounts are properly recorded.
``(6) That records of each credit card transaction
(including records on associated contracts, reports,
accounts, and invoices) are retained in accordance with
standard Government policies on the disposition of
records.
``Sec. 2785. Remittance addresses: regulation of alterations
``The Secretary of Defense, acting through the Under
Secretary of Defense (Comptroller), shall prescribe regulations
setting forth controls on alteration of remittance addresses.
Those regulations shall ensure that--
``(1) a remittance address for a disbursement that
is provided by an officer or employee of the Department
of Defense authorizing or requesting the disbursement
is not altered by any officer or employee of the
department authorized to prepare the disbursement; and
``(2) a remittance address for a disbursement is
altered only if the alteration--
``(A) is requested by the person to whom
the disbursement is authorized to be remitted;
and
``(B) is made by an officer or employee
authorized to do so who is not an officer or
employee referred to in paragraph (1).''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new items:
``2784. Management of credit cards.
``2785. Remittance addresses: regulation of alterations.''.
(b) Effective Date.--(1) Regulations under section 2784 of
title 10, United States Code, as added by subsection (a), shall
be prescribed not later than 180 days after the date of the
enactment of this Act.
(2) Regulations under section 2785 of title 10, United
States Code, as added by subsection (a), shall be prescribed
not later than 180 days after the date of the enactment of this
Act.
SEC. 934. MANAGEMENT OF CIVIL AIR PATROL.
(a) Sense of Congress.--It is the sense of Congress that no
major change to the governance structure of the Civil Air
Patrol should be mandated by Congress until a review of
potential improvements in the management and oversight of Civil
Air Patrol operations is conducted.
(b) GAO Study.--The Comptroller General shall conduct a
study of potential improvements to Civil Air Patrol operations,
including Civil Air Patrol financial management, Air Force and
Civil Air Patrol oversight, and the Civil Air Patrol safety
program. Not later than February 15, 2000, the Comptroller
General shall submit a report on the results of the study to
the congressional defense committees.
(c) Inspector General Review.--(1) The Inspector General of
the Department of Defense shall review the financial and
management operations of the Civil Air Patrol. The review shall
include an audit.
(2) Not later than February 15, 2000, the Inspector General
shall submit to the congressional defense committees a report
on the review, including, specifically, the results of the
audit. The report shall include any recommendations that the
Inspector General considers appropriate regarding actions
necessary to ensure the proper oversight of the financial and
management operations of the Civil Air Patrol.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authorization of emergency supplemental appropriations for
fiscal year 1999.
Sec. 1004. Supplemental appropriations request for operations in
Yugoslavia.
Sec. 1005. United States contribution to NATO common-funded budgets in
fiscal year 2000.
Sec. 1006. Limitation on funds for Bosnia peacekeeping operations for
fiscal year 2000.
Sec. 1007. Second biennial financial management improvement plan.
Sec. 1008. Waiver authority for requirement that electronic transfer of
funds be used for Department of Defense payments.
Sec. 1009. Single payment date for invoice for various subsistence
items.
Sec. 1010. Payment of foreign licensing fees out of proceeds of sale of
maps, charts, and navigational books.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Revision to congressional notice-and-wait period required
before transfer of a vessel stricken from the Naval Vessel
Register.
Sec. 1012. Authority to consent to retransfer of former naval vessel.
Sec. 1013. Report on naval vessel force structure requirements.
Sec. 1014. Auxiliary vessels acquisition program for the Department of
Defense.
Sec. 1015. National Defense Features program.
Sec. 1016. Sales of naval shipyard articles and services to nuclear ship
contractors.
Sec. 1017. Transfer of naval vessel to foreign country.
Sec. 1018. Authority to transfer naval vessels to certain foreign
countries.
Subtitle C--Support for Civilian Law Enforcement and Counter Drug
Activities
Sec. 1021. Modification of limitation on funding assistance for
procurement of equipment for the National Guard for drug
interdiction and counter-drug activities.
Sec. 1022. Temporary extension to certain naval aircraft of Coast Guard
authority for drug interdiction activities.
Sec. 1023. Military assistance to civil authorities to respond to act or
threat of terrorism.
Sec. 1024. Condition on development of forward operating locations for
United States Southern Command counter-drug detection and
monitoring flights.
Sec. 1025. Annual report on United States military activities in
Colombia.
Sec. 1026. Report on use of radar systems for counter-drug detection and
monitoring.
Sec. 1027. Plan regarding assignment of military personnel to assist
Immigration and Naturalization Service and Customs Service.
Subtitle D--Miscellaneous Report Requirements and Repeals
Sec. 1031. Preservation of certain defense reporting requirements.
Sec. 1032. Repeal of certain reporting requirements not preserved.
Sec. 1033. Reports on risks under National Military Strategy and
combatant command requirements.
Sec. 1034. Report on lift and prepositioned support requirements to
support National Military Strategy.
Sec. 1035. Report on assessments of readiness to execute the National
Military Strategy.
Sec. 1036. Report on Rapid Assessment and Initial Detection teams.
Sec. 1037. Report on unit readiness of units considered to be assets of
Consequence Management Program Integration Office.
Sec. 1038. Analysis of relationship between threats and budget
submission for fiscal year 2001.
Sec. 1039. Report on NATO defense capabilities initiative.
Sec. 1040. Report on motor vehicle violations by operators of official
Army vehicles.
Subtitle E--Information Security
Sec. 1041. Identification in budget materials of amounts for
declassification activities and limitation on expenditures for
such activities.
Sec. 1042. Notice to congressional committees of certain security and
counterintelligence failures within defense programs.
Sec. 1043. Information Assurance Initiative.
Sec. 1044. Nondisclosure of information on personnel of overseas,
sensitive, or routinely deployable units.
Sec. 1045. Nondisclosure of certain operational files of the National
Imagery and Mapping Agency.
Subtitle F--Memorial Objects and Commemorations
Sec. 1051. Moratorium on the return of veterans memorial objects to
foreign nations without specific authorization in law.
Sec. 1052. Program to commemorate 50th anniversary of the Korean War.
Sec. 1053. Commemoration of the victory of freedom in the Cold War.
Subtitle G--Other Matters
Sec. 1061. Defense Science Board task force on use of television and
radio as a propaganda instrument in time of military conflict.
Sec. 1062. Assessment of electromagnetic spectrum reallocation.
Sec. 1063. Extension and reauthorization of Defense Production Act of
1950.
Sec. 1064. Performance of threat and risk assessments.
Sec. 1065. Chemical agents used for defensive training.
Sec. 1066. Technical and clerical amendments.
Sec. 1067. Amendments to reflect name change of Committee on National
Security of the House of Representatives to Committee on Armed
Services.
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon
determination by the Secretary of Defense that such action is
necessary in the national interest, the Secretary may transfer
amounts of authorizations made available to the Department of
Defense in this division for fiscal year 2000 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) The total amount of authorizations that the Secretary
may transfer under the authority of this section may not exceed
$2,000,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items
that have a higher priority than the items from which
authority is transferred; and
(2) may not be used to provide authority for an
item that has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex
prepared by the committee of conference to accompany the
conference report on the bill S. 1059 of the One Hundred Sixth
Congress and transmitted to the President is hereby
incorporated into this Act.
(b) Construction With Other Provisions of Act.--The amounts
specified in the Classified Annex are not in addition to
amounts authorized to be appropriated by other provisions of
this Act.
(c) Limitation on Use of Funds.--Funds appropriated
pursuant to an authorization contained in this Act that are
made available for a program, project, or activity referred to
in the Classified Annex may only be expended for such program,
project, or activity in accordance with such terms, conditions,
limitations, restrictions, and requirements as are set out for
that program, project, or activity in the Classified Annex.
(d) Distribution of Classified Annex.--The President shall
provide for appropriate distribution of the Classified Annex,
or of appropriate portions of the annex, within the executive
branch of the Government.
SEC. 1003. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR
FISCAL YEAR 1999.
(a) Adjustment of Fiscal Year 1999 Authorizations To
Reflect Supplemental Appropriations.--Subject to subsection
(b), amounts authorized to be appropriated to the Department of
Defense for fiscal year 1999 in the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-
261) are hereby adjusted, with respect to any such authorized
amount, by the amount by which appropriations pursuant to such
authorization were increased (by a supplemental appropriation)
or decreased (by a rescission), or both, in the 1999 Emergency
Supplemental Appropriations Act (Public Law 106-31).
(b) Limitation.--(1) In the case of a pending defense
contingent emergency supplemental appropriation, an adjustment
may be made under subsection (a) in the amount of an
authorization of appropriations by reason of that supplemental
appropriation only if, and to the extent that, the President
transmits to Congress an official amended budget request for
that appropriation that designates the entire amount requested
as an emergency requirement for the specific purpose identified
in the 1999 Emergency Supplemental Appropriations Act as the
purpose for which the supplemental appropriation was made.
(2) For purposes of this subsection, the term ``pending
defense contingent emergency supplemental appropriation'' means
a contingent emergency supplemental appropriation for the
Department of Defense contained in the 1999 Emergency
Supplemental Appropriations Act for which an official budget
request that includes designation of the entire amount of the
request as an emergency requirement has not been transmitted to
Congress as of the date of the enactment of this Act.
(3) For purposes of this subsection, the term ``contingent
emergency supplemental appropriation'' means a supplemental
appropriation that--
(A) is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985; and
(B) by law is available only to the extent that the
President transmits to the Congress an official budget
request for that appropriation that includes
designation of the entire amount of the request as an
emergency requirement.
SEC. 1004. SUPPLEMENTAL APPROPRIATIONS REQUEST FOR OPERATIONS IN
YUGOSLAVIA.
If the President determines that it is in the national
security interest of the United States to conduct combat or
peacekeeping operations in the Federal Republic of Yugoslavia
during fiscal year 2000, the President shall transmit to the
Congress a supplemental appropriations request for the
Department of Defense for such amounts as are necessary for the
costs of any such operation.
SEC. 1005. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN
FISCAL YEAR 2000.
(a) Fiscal Year 2000 Limitation.--The total amount
contributed by the Secretary of Defense in fiscal year 2000 for
the common-funded budgets of NATO may be any amount up to, but
not in excess of, the amount specified in subsection (b)
(rather than the maximum amount that would otherwise be
applicable to those contributions under the fiscal year 1998
baseline limitation).
(b) Total Amount.--The amount of the limitation applicable
under subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the
end of fiscal year 1999, of funds appropriated for
fiscal years before fiscal year 2000 for payments for
those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions
authorized to be made under section 2501.
(c) Authorized Amounts.--Amounts authorized to be
appropriated by titles II and III of this Act are available for
contributions for the common-funded budgets of NATO as follows:
(1) Of the amount provided in section 201(1),
$750,000 for the Civil Budget.
(2) Of the amount provided in section 301(1),
$216,400,000 for the Military Budget.
(d) Definitions.--For purposes of this section:
(1) Common-funded budgets of nato.--The term
``common-funded budgets of NATO'' means the Military
Budget, the Security Investment Program, and the Civil
Budget of the North Atlantic Treaty Organization (and
any successor or additional account or program of
NATO).
(2) Fiscal year 1998 baseline limitation.--The term
``fiscal year 1998 baseline limitation'' means the
maximum annual amount of Department of Defense
contributions for common-funded budgets of NATO that is
set forth as the annual limitation in section
3(2)(C)(ii) of the resolution of the Senate giving the
advice and consent of the Senate to the ratification of
the Protocols to the North Atlantic Treaty of 1949 on
the Accession of Poland, Hungary, and the Czech
Republic (as defined in section 4(7) of that
resolution), approved by the Senate on April 30, 1998.
SEC. 1006. LIMITATION ON FUNDS FOR BOSNIA PEACEKEEPING OPERATIONS FOR
FISCAL YEAR 2000.
(a) Limitation.--(1) Of the amounts authorized to be
appropriated by section 301(24) of this Act for the Overseas
Contingency Operations Transfer Fund, no more than
$1,824,400,000 may be obligated for incremental costs of the
Armed Forces for Bosnia peacekeeping operations.
(2) The President may waive the limitation in paragraph (1)
after submitting to Congress the following:
(A) The President's written certification that the
waiver is necessary in the national security interests
of the United States.
(B) The President's written certification that
exercising the waiver will not adversely affect the
readiness of United States military forces.
(C) A report setting forth the following:
(i) The reasons that the waiver is
necessary in the national security interests of
the United States.
(ii) The specific reasons that additional
funding is required for the continued presence
of United States military forces participating
in, or supporting, Bosnia peacekeeping
operations for fiscal year 2000.
(iii) A discussion of the impact on the
military readiness of United States Armed
Forces of the continuing deployment of United
States military forces participating in, or
supporting, Bosnia peacekeeping operations.
(D) A supplemental appropriations request for the
Department of Defense for such amounts as are necessary
for the additional fiscal year 2000 costs associated
with United States military forces participating in, or
supporting, Bosnia peacekeeping operations.
(b) Bosnia Peacekeeping Operations Defined.--For the
purposes of this section, the term ``Bosnia peacekeeping
operations'' has the meaning given such term in section 1004(e)
of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2112).
SEC. 1007. SECOND BIENNIAL FINANCIAL MANAGEMENT IMPROVEMENT PLAN.
(a) Additional Matters Required.--The Secretary of Defense
shall include in the second biennial financial management
improvement plan submitted to Congress under section 2222 of
title 10, United States Code (required to be submitted not
later than September 30, 2000), the matters specified in
subsections (b) through (f), in addition to the matters
otherwise required under that section.
(b) Systems Inventory.--The plan referred to in subsection
(a) shall include an inventory of the finance systems,
accounting systems, and data feeder systems of the Department
of Defense referred to in section 2222(c) of title 10, United
States Code, and, for each of those systems, the following:
(1) A statement regarding whether the system
complies with the requirements applicable to that
system under sections 3512, 3515, and 3521 of title 31,
United States Code.
(2) A statement regarding whether the system is to
be retained, consolidated, or eliminated.
(3) A detailed plan of the actions that are being
taken or are to be taken within the Department of
Defense (including provisions for schedule, performance
objectives, interim milestones, and necessary
resources)--
(A) to ensure easy and reliable interfacing
of the system (or a consolidated or successor
system) with the Department's core finance and
accounting systems and with other data feeder
systems; and
(B) to institute appropriate internal
controls that, among other benefits, ensure the
integrity of the data in the system (or a
consolidated or successor system).
(4) For each system that is to be consolidated or
eliminated, a detailed plan of the actions that are
being taken or are to be taken (including provisions
for schedule and interim milestones) in carrying out
the consolidation or elimination, including a
discussion of both the interim or migratory systems and
any further consolidation that may be involved.
(5) A list of the officials in the Department of
Defense who are responsible for ensuring that actions
referred to in paragraphs (3) and (4) are taken in a
timely manner.
(c) Major Procurement Actions.--The plan referred to in
subsection (a) shall include a description of each major
procurement action that is being taken within the Department of
Defense to replace or improve a finance and accounting system
or a data feeder system shown in the inventory under subsection
(a) and, for each such procurement action, the measures that
are being taken or are to be taken to ensure that the new or
enhanced system--
(1) provides easy and reliable interfacing of the
system with the core finance and accounting systems of
the department and with other data feeder systems; and
(2) includes appropriate internal controls that,
among other benefits, ensure the integrity of the data
in the system.
(d) Financial Management Competency Plan.--The plan
referred to in subsection (a) shall include a financial
management competency plan that includes performance
objectives, milestones (including interim objectives),
responsible officials, and the necessary resources to
accomplish the performance objectives, together with the
following:
(1) A description of the actions necessary to
ensure that the person in each comptroller position (or
comparable position) in the Department of Defense
(whether a member of the Armed Forces or a civilian
employee) has the education, technical competence, and
experience to perform in accordance with the core
competencies necessary for financial management.
(2) A description of the education that is
necessary for a financial manager in a senior grade to
be knowledgeable in--
(A) applicable laws and administrative and
regulatory requirements, including the
requirements and procedures relating to
Government performance and results under
sections 1105(a)(28), 1115, 1116, 1117, 1118,
and 1119 of title 31, United States Code;
(B) the strategic planning process and how
the process relates to resource management;
(C) budget operations and analysis systems;
(D) management analysis functions and
evaluation; and
(E) the principles, methods, techniques,
and systems of financial management.
(3) The advantages and disadvantages of
establishing and operating a consolidated Department of
Defense school that instructs in the principles
referred to in paragraph (2)(E).
(4) The applicable requirements for formal civilian
education.
(e) Improvements to DFAS, Etc.--The plan referred to in
subsection (a) shall include a detailed plan (including
performance objectives and milestones and standards for
measuring progress toward attainment of the objectives) for the
following:
(1) Improving the internal controls and internal
review processes of the Defense Finance and Accounting
Service to provide reasonable assurances that--
(A) obligations and costs are in compliance
with applicable laws;
(B) funds, property, and other assets are
safeguarded against waste, loss, unauthorized
use, and misappropriation;
(C) revenues and expenditures applicable to
agency operations are properly recorded and
accounted for so as to permit the preparation
of accounts and reliable financial and
statistical reports and to maintain
accountability over assets;
(D) obligations and expenditures are
recorded contemporaneously with each
transaction;
(E) organizational and functional duties
are performed separately at each step in the
cycles of transactions (including, in the case
of a contract, the specification of
requirements, the formation of the contract,
the certification of contract performance,
receiving and warehousing, accounting, and
disbursing); and
(F) use of progress payment allocation
systems results in posting of payments to
appropriation accounts consistent with section
1301 of title 31, United States Code.
(2) Ensuring that the Defense Finance and
Accounting Service has--
(A) a single standard transaction general
ledger that, at a minimum, uses double-entry
bookkeeping and complies with the United States
Government Standard General Ledger at the
transaction level as required under section
803(a) of the Federal Financial Management
Improvement Act of 1996 (31 U.S.C. 3512 note);
(B) an integrated data base for finance and
accounting functions; and
(C) automated cost, performance, and other
output measures.
(3) Providing a single, consistent set of policies
and procedures for financial transactions throughout
the Department of Defense.
(4) Ensuring compliance with applicable policies
and procedures for financial transactions throughout
the Department of Defense.
(5) Reviewing safeguards for preservation of assets
and verifying the existence of assets.
(f) Internal Controls Checklist.--The plan referred to in
subsection (a) shall include an internal controls checklist, to
be prescribed by the Under Secretary of Defense (Comptroller),
which shall provide standards for use throughout the Department
of Defense, together with a statement of the Department of
Defense policy on use of the checklist throughout the
Department.
(g) Safeguarding Sensitive Information.--To the extent
necessary to protect sensitive information, the Secretary of
Defense may provide information required by subsections (b) and
(c) in an annex that is available to Congress, but need not be
made public.
SEC. 1008. WAIVER AUTHORITY FOR REQUIREMENT THAT ELECTRONIC TRANSFER OF
FUNDS BE USED FOR DEPARTMENT OF DEFENSE PAYMENTS.
(a) Authority.--(1) Chapter 165 of title 10, United States
Code, is amended by adding after section 2785, as added by
section 933(a), the following new section:
``Sec. 2786. Department of Defense payments by electronic transfers of
funds: exercise of authority for waivers
``With respect to any Federal payment of funds covered by
section 3332(f) of title 31 (relating to electronic funds
transfers) for which payment is made or authorized by the
Department of Defense, the waiver authority provided in
paragraph (2)(A)(i) of that section shall be exercised by the
Secretary of Defense. The Secretary of Defense shall carry out
the authority provided under the preceding sentence in
consultation with the Secretary of the Treasury.''.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item relating to section 2785,
as added by section 933(a), the following new item:
``2786. Department of Defense payments by electronic transfers of funds:
exercise of authority for waivers.''.
(3) Any waiver in effect on the date of the enactment of
this Act under paragraph (2)(A)(i) of section 3332(f) of title
31, United States Code, shall remain in effect until otherwise
provided by the Secretary of Defense under section 2786 of
title 10, United States Code, as added by paragraph (1).
(b) Study and Report on DOD Electronic Funds Transfers.--
(1) The Secretary of Defense shall conduct a study to determine
the following:
(A) Whether it would be feasibile for all
electronic payments made by the Department of Defense
to be routed through the Regional Finance Centers of
the Department of the Treasury for verification and
reconciliation.
(B) Whether it would be feasibile for all
electronic payments made by the Department of Defense
to be subjected to the same level of reconciliation as
United States Treasury checks, including the matching
of each payment issued with each corresponding deposit
at financial institutions.
(C) Whether the appropriate computer security
controls are in place in order to ensure the integrity
of electronic payments made by the Department of
Defense.
(D) The estimated costs of implementing--
(i) the routing of electronic payments as
described in subparagraph (A);
(ii) the reconciliation of electronic
payments as described in (B); and
(iii) security controls as described in
(C).
(E) The period that would be required to implement
each of the matters referred to in subparagraph (D).
(2) Not later than March 1, 2000, the Secretary of Defense
shall submit to Congress a report containing the results of the
study required by paragraph (1).
(3) In this subsection, the term ``electronic payment'' has
the meaning given the term ``electronic funds transfer'' in
section 3332(j)(1) of title 31, United States Code.
SEC. 1009. SINGLE PAYMENT DATE FOR INVOICE FOR VARIOUS SUBSISTENCE
ITEMS.
Section 3903 of title 31, United States Code, is amended--
(1) by redesignating subsection (c) as subsection
(d); and
(2) by inserting after subsection (b) the following
new subsection (c):
``(c) A contract for the procurement of subsistence items
that is entered into under the prime vendor program of the
Defense Logistics Agency may specify for the purposes of
section 3902 of this title a single required payment date that
is to be applicable to an invoice for subsistence items
furnished under the contract when more than one payment due
date would otherwise be applicable to the invoice under the
regulations prescribed under paragraphs (2), (3), and (4) of
subsection (a) or under any other provisions of law. The
required payment date specified in the contract shall be
consistent with prevailing industry practices for the
subsistence items, but may not be more than 10 days after the
date of receipt of the invoice or the certified date of receipt
of the items. The Director of the Office of Management and
Budget shall provide in the regulations under subsection (a)
that when a required payment date is so specified for an
invoice, no other payment due date applies to the invoice.''.
SEC. 1010. PAYMENT OF FOREIGN LICENSING FEES OUT OF PROCEEDS OF SALE OF
MAPS, CHARTS, AND NAVIGATIONAL BOOKS.
(a) In General.--Section 453 of title 10, United States
Code, is amended to read as follows:
``Sec. 453. Sale of maps, charts, and navigational publications:
prices; use of proceeds
``(a) Prices.--All maps, charts, and other publications
offered for sale by the National Imagery and Mapping Agency
shall be sold at prices and under regulations that may be
prescribed by the Secretary of Defense.
``(b) Use of Proceeds To Pay Foreign Licensing Fees.--(1)
The Secretary of Defense may pay any NIMA foreign data
acquisition fee out of the proceeds of the sale of maps,
charts, and other publications of the Agency, and those
proceeds are hereby made available for that purpose.
``(2) In this subsection, the term `NIMA foreign data
acquisition fee' means any licensing or other fee imposed by a
foreign country or international organization for the
acquisition or use of data or products by the National Imagery
and Mapping Agency.''.
(b) Clerical Amendment.--The item relating to section 453
in the table of sections at the beginning of subchapter II of
chapter 22 of such title is amended to read as follows:
``453. Sale of maps, charts, and navigational publications: prices; use
of proceeds.''.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. REVISION TO CONGRESSIONAL NOTICE-AND-WAIT PERIOD REQUIRED
BEFORE TRANSFER OF A VESSEL STRICKEN FROM THE NAVAL
VESSEL REGISTER.
Section 7306(d) of title 10, United States Code, is amended
to read as follows:
``(d) Congressional Notice-and-Wait Period.--(1) A transfer
under this section may not take effect until--
``(A) the Secretary submits to Congress notice of
the proposed transfer; and
``(B) 30 days of session of Congress have expired
following the date on which the notice is sent to
Congress.
``(2) For purposes of paragraph (1)(B)--
``(A) the period of a session of Congress is broken
only by an adjournment of Congress sine die at the end
of the final session of a Congress; and
``(B) any day on which either House of Congress is
not in session because of an adjournment of more than 3
days to a day certain, or because of an adjournment
sine die at the end of the first session of a Congress,
shall be excluded in the computation of such 30-day
period.''.
SEC. 1012. AUTHORITY TO CONSENT TO RETRANSFER OF FORMER NAVAL VESSEL.
(a) In General.--Subject to subsection (b), the President
may consent to the retransfer by the Government of Greece of HS
Rodos (ex-USS BOWMAN COUNTY (LST 391)) to the USS LST Ship
Memorial, Inc., a not-for-profit organization operating under
the laws of the State of Pennsylvania.
(b) Conditions for Consent.--The President should not
exercise the authority under subsection (a) unless the USS LST
Memorial, Inc. agrees--
(1) to use the vessel for public, nonprofit,
museum-related purposes;
(2) to comply with applicable law with respect to
the vessel, including those requirements related to
facilitating monitoring by the United States of, and
mitigating potential environmental hazards associated
with, aging vessels, and has a demonstrated financial
capability to so comply; and
(3) to hold the United States harmless for any
claims arising from exposure to hazardous material,
including asbestos and polychlorinated biphenyls, after
the retransfer of the vessel to the recipient, except
for claims arising before the date of the transfer of
the vessel to the Government of Greece or from use of
the vessel by the United States after the date of the
retransfer to the recipient.
SEC. 1013. REPORT ON NAVAL VESSEL FORCE STRUCTURE REQUIREMENTS.
(a) Requirement.--Not later than February, 1, 2000, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report on naval vessel force
structure requirements.
(b) Matters To Be Included.-- The report shall include the
following:
(1) A statement of the naval vessel force structure
required to carry out the National Military Strategy,
including that structure required to meet joint and
combined warfighting requirements and missions relating
to crisis response, overseas presence, and support to
contingency operations.
(2) A statement of the naval vessel force structure
that is supported and funded in the President's budget
for fiscal year 2001 and in the current future-years
defense program.
(3) A detailed long-range shipbuilding plan for the
Department, through fiscal year 2030, that includes
annual quantities of each type of vessel to be
procured.
(4) A statement of the annual funding necessary to
procure eight to ten vessels, of the appropriate types,
each year beginning in fiscal year 2001 and extending
through 2020 to maintain the naval vessel force
structure required by the national military strategy.
(5) A detailed discussion of the risks associated
with any deviation from the long-range shipbuilding
plan required in paragraph (3), to include the
implications of such a deviation for the following
areas:
(A) Warfighting requirements.
(B) Crisis response and overseas presence
missions.
(C) Contingency operations.
(D) Domestic shipbuilding industrial base.
SEC. 1014. AUXILIARY VESSELS ACQUISITION PROGRAM FOR THE DEPARTMENT OF
DEFENSE.
(a) Program Authorization.--(1) Chapter 631 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 7233. Auxiliary vessels: extended lease authority
``(a) Authorized Contracts.--Subject to subsection (b), the
Secretary of the Navy may enter into contracts with private
United States shipyards for the construction of new surface
vessels to be acquired on a long-term lease basis by the United
States from the shipyard or other private person for any of the
following:
``(1) The combat logistics force of the Navy.
``(2) The strategic sealift force of the Navy.
``(3) Other auxiliary support vessels for the
Department of Defense.
``(b) Contracts Required To Be Authorized by Law.--A
contract may be entered into under subsection (a) with respect
to a specific vessel only if the Secretary is specifically
authorized by law to enter into such a contract with respect to
that vessel. As part of a request to Congress for enactment of
any such authorization by law, the Secretary of the Navy shall
provide to Congress the Secretary's findings under subsection
(g).
``(c) Term of Contract.--In this section, the term `long-
term lease' means a lease, bareboat charter, or conditional
sale agreement with respect to a vessel the term of which
(including any option period) is for a period of 20 years or
more.
``(d) Option To Buy.--A contract entered into under
subsection (a) may include options for the United States to
purchase one or more of the vessels covered by the contract at
any time during, or at the end of, the contract period
(including any option period) upon payment of an amount equal
to the lesser of (1) the unamortized portion of the cost of the
vessel plus amounts incurred in connection with the termination
of the financing arrangements associated with the vessel, or
(2) the fair market value of the vessel.
``(e) Domestic Construction.--The Secretary shall require
in any contract entered into under this section that each
vessel to which the contract applies--
``(1) shall have been constructed in a shipyard
within the United States; and
``(2) upon delivery, shall be documented under the
laws of the United States.
``(f) Vessel Operation.--(1) The Secretary may operate a
vessel held by the Secretary under a long-term lease under this
section through a contract with a United States corporation
with experience in the operation of vessels for the United
States. Any such contract shall be for a term as determined by
the Secretary.
``(2) The Secretary may provide a crew for any such vessel
using civil service mariners only after an evaluation taking
into account--
``(A) the fully burdened cost of a civil service
crew over the expected useful life of the vessel;
``(B) the effect on the private sector manpower
pool; and
``(C) the operational requirements of the
Department of the Navy.
``(g) Contingent Waiver of Other Provisions of Law.--(1)
The Secretary may waive the applicability of subsections (e)(2)
and (f) of section 2401 of this title to a contract authorized
by law as provided in subsection (b) if the Secretary makes the
following findings with respect to that contract:
``(A) The need for the vessels or services to be
provided under the contract is expected to remain
substantially unchanged during the contemplated
contract or option period.
``(B) There is a reasonable expectation that
throughout the contemplated contract or option period
the Secretary of the Navy (or, if the contract is for
services to be provided to, and funded by, another
military department, the Secretary of that military
department) will request funding for the contract at
the level required to avoid contract cancellation.
``(C) The timeliness of consideration of the
contract by Congress is such that such a waiver is in
the interest of the United States.
``(2) The Secretary shall submit a notice of any waiver
under paragraph (1) to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives.
``(h) Source of Funds for Termination Liability.--If a
contract entered into under this section is terminated, the
costs of such termination may be paid from--
``(1) amounts originally made available for
performance of the contract;
``(2) amounts currently available for operation and
maintenance of the type of vessels or services
concerned and not otherwise obligated; or
``(3) funds appropriated for those costs.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``7233. Auxiliary vessels: extended lease authority.''.
(b) Definition of Department of Defense Sealift Vessel.--
Section 2218(k)(2) of title 10, United States Code, is
amended--
(1) by striking ``that is--'' in the matter
preceding subparagraph (A) and inserting ``that is any
of the following:'';
(2) by striking ``a'' at the beginning of
subparagraphs (A), (B), and (E) and inserting ``A'';
(3) by striking ``an'' at the beginning of
subparagraphs (C) and (D) and inserting ``An'';
(4) by striking the semicolon at the end of
subparagraphs (A), (B), and (C) and inserting a period;
(5) by striking ``; or'' at the end of subparagraph
(D) and inserting a period; and
(6) by adding at the end the following new
subparagraphs:
``(F) A strategic sealift ship.
``(G) A combat logistics force ship.
``(H) A maritime prepositioned ship.
``(I) Any other auxiliary support
vessel.''.
(c) Effective Date.--Section 7233 of title 10, United
States Code, as added by subsection (a), shall take effect on
October 1, 1999.
SEC. 1015. NATIONAL DEFENSE FEATURES PROGRAM.
(a) Authority for National Defense Features Program.--
Section 2218 of title 10, United States Code, is amended--
(1) by redesignating subsection (k) as subsection
(l); and
(2) by inserting after subsection (j) the following
new subsection (k):
``(k) Contracts for Incorporation of Defense Features in
Commercial Vessels.--(1) The head of an agency may enter into a
contract with a company submitting an offer for that company to
install and maintain defense features for national defense
purposes in one or more commercial vessels owned or controlled
by that company in accordance with the purpose for which funds
in the National Defense Sealift Fund are available under
subsection (c)(1)(C). The head of the agency may enter into
such a contract only after the head of the agency makes a
determination of the economic soundness of the offer.
``(2) The head of an agency may make advance payments to
the contractor under a contract under paragraph (1) in a lump
sum, in annual payments, or in a combination thereof for costs
associated with the installation and maintenance of the defense
features on a vessel covered by the contract, as follows:
``(A) The costs to build, procure, and install a
defense feature in the vessel.
``(B) The costs to periodically maintain and test
any defense feature on the vessel.
``(C) Any increased costs of operation or any loss
of revenue attributable to the installation or
maintenance of any defense feature on the vessel.
``(D) Any additional costs associated with the
terms and conditions of the contract.
``(3) For any contract under paragraph (1) under which the
United States makes advance payments under paragraph (2) for
the costs associated with installation or maintenance of any
defense feature on a commercial vessel, the contractor shall
provide to the United States such security interests in the
vessel, by way of a preferred mortgage under section 31322 of
title 46 or otherwise, as the head of the agency may prescribe
in order to adequately protect the United States against loss
for the total amount of those costs.
``(4) Each contract entered into under this subsection
shall--
``(A) set forth terms and conditions under which,
so long as a vessel covered by the contract is owned or
controlled by the contractor, the contractor is to
operate the vessel for the Department of Defense
notwithstanding any other contract or commitment of
that contractor; and
``(B) provide that the contractor operating the
vessel for the Department of Defense shall be paid for
that operation at fair and reasonable rates.
``(5) The head of an agency may not delegate authority
under this subsection to any officer or employee in a position
below the level of head of a procuring activity.''.
(b) Definition.--Subsection (l) of such section, as
redesignated by subsection (a)(1), is amended by adding at the
end the following new paragraph:
``(5) The term `head of an agency' has the meaning
given that term in section 2302(1) of this title.''.
SEC. 1016. SALES OF NAVAL SHIPYARD ARTICLES AND SERVICES TO NUCLEAR
SHIP CONTRACTORS.
(a) Waiver of Required Conditions.--Chapter 633 of title
10, United States Code, is amended by inserting after section
7299a the following new section:
``Sec. 7300. Contracts for nuclear ships: sales of naval shipyard
articles and services to private shipyards
``The conditions set forth in section 2208(j)(1)(B) of this
title and subsections (a)(1) and (c)(1)(A) of section 2553 of
this title shall not apply to a sale by a naval shipyard of
articles or services to a private shipyard that is made at the
request of the private shipyard in order to facilitate the
private shipyard's fulfillment of a Department of Defense
contract with respect to a nuclear ship. This section does not
authorize a naval shipyard to construct a nuclear ship for the
private shipyard, to perform a majority of the work called for
in a contract with a private entity, or to provide articles or
services not requested by the private shipyard.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 7299a the following new item:
``7300. Contracts for nuclear ships: sales of naval shipyard articles
and services to private shipyards.''.
SEC. 1017. TRANSFER OF NAVAL VESSEL TO FOREIGN COUNTRY.
(a) Transfer to Thailand.--The Secretary of the Navy is
authorized to transfer to the Government of Thailand the
CYCLONE class coastal patrol craft CYCLONE (PC1) or a craft
with a similar hull. The transfer shall be made on a sale,
lease, lease/buy, or grant basis under section 516 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(b) Costs.--Any expense incurred by the United States in
connection with the transfer authorized by subsection (a) shall
be charged to the Government of Thailand.
(c) Repair and Refurbishment in United States Shipyard.--To
the maximum extent practicable, the Secretary of the Navy shall
require, as a condition of the transfer of the vessel to the
Government of Thailand under this section, that the Government
of Thailand have such repair or refurbishment of the vessel as
is needed, before the vessel joins the naval forces of that
country, performed at a United States naval shipyard or other
shipyard located in the United States.
(d) Expiration of Authority.--The authority to transfer a
vessel under subsection (a) shall expire at the end of the two-
year period beginning on the date of the enactment of this Act.
SEC. 1018. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN
COUNTRIES.
(a) Authority To Transfer.--
(1) Dominican republic.--The Secretary of the Navy
is authorized to transfer to the Government of the
Dominican Republic the medium auxiliary floating dry
dock AFDM 2. Such transfer shall be on a grant basis
under section 516 of the Foreign Assistance Act of 1961
(22 U.S.C. 2321j).
(2) Ecuador.--The Secretary of the Navy is
authorized to transfer to the Government of Ecuador the
``OAK RIDGE'' class medium auxiliary repair dry dock
ALAMOGORDO (ARDM 2). Such transfer shall be on a grant
basis under section 516 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321j).
(3) Egypt.--The Secretary of the Navy is authorized
to transfer to the Government of Egypt the ``NEWPORT''
class tank landing ships BARBOUR COUNTY (LST 1195) and
PEORIA (LST 1183). Such transfers shall be on a sale
basis under section 21 of the Arms Export Control Act
(22 U.S.C. 2761).
(4) Greece.--The Secretary of the Navy is
authorized to transfer to the Government of Greece the
``KNOX'' class frigate CONNOLE (FF 1056). Such transfer
shall be on a grant basis under section 516 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(5) Mexico.--The Secretary of the Navy is
authorized to transfer to the Government of Mexico the
``NEWPORT'' class tank landing ship NEWPORT (LST 1179)
and the ``KNOX'' class frigate WHIPPLE (FF 1062). Such
transfers shall be on a sale basis under section 21 of
the Arms Export Control Act (22 U.S.C. 2761).
(6) Poland.--The Secretary of the Navy is
authorized to transfer to the Government of Poland the
``OLIVER HAZARD PERRY'' class guided missile frigate
CLARK (FFG 11). Such transfer shall be on a grant basis
under section 516 of the Foreign Assistance Act of 1961
(22 U.S.C. 2321j).
(7) Taiwan.--The Secretary of the Navy is
authorized to transfer to the Taipei Economic and
Cultural Representative Office in the United States
(which is the Taiwan instrumentality designated
pursuant to section 10(a) of the Taiwan Relations Act)
the ``NEWPORT'' class tank landing ship SCHENECTADY
(LST 1185). Such transfer shall be on a sale basis
under section 21 of the Arms Export Control Act (22
U.S.C. 2761).
(8) Thailand.--The Secretary of the Navy is
authorized to transfer to the Government of Thailand
the ``KNOX'' class frigate TRUETT (FF 1095). Such
transfer shall be on a grant basis under section 516 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(9) Turkey.--The Secretary of the Navy is
authorized to transfer to the Government of Turkey the
``OLIVER HAZARD PERRY'' class guided missile frigates
FLATLEY (FFG 21) and JOHN A. MOORE (FFG 19). Such
transfers shall be on a sale basis under section 21 of
the Arms Export Control Act (22 U.S.C. 2761).
(b) Inapplicability of Aggregate Annual Limitation on Value
of Transferred Excess Defense Articles.--The value of naval
vessels authorized by subsection (a) to be transferred on a
grant basis under section 516 of the Foreign Assistance Act of
1961 (22 U.S.C. 2321j) shall not be included in the aggregate
annual value of transferred excess defense articles which is
subject to the aggregate annual limitation set forth in
subsection (g) of that section.
(c) Costs of Transfers.--Any expense of the United States
in connection with a transfer authorized by subsection (a)
shall be charged to the recipient.
(d) Repair and Refurbishment in United States Shipyards.--
To the maximum extent practicable, the Secretary of the Navy
shall require, as a condition of the transfer of a vessel under
subsection (a), that the country to which the vessel is
transferred have such repair or refurbishment of the vessel as
is needed, before the vessel joins the naval forces of that
country, performed at a shipyard located in the United States,
including a United States Navy shipyard.
(e) Expiration of Authority.--The authority granted by
subsection (a) shall expire at the end of the two-year period
beginning on the date of the enactment of this Act.
Subtitle C--Support for Civilian Law Enforcement and Counter Drug
Activities
SEC. 1021. MODIFICATION OF LIMITATION ON FUNDING ASSISTANCE FOR
PROCUREMENT OF EQUIPMENT FOR THE NATIONAL GUARD FOR
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES.
Section 112(a)(3) of title 32, United States Code, is
amended by striking ``per purchase order'' in the second
sentence and inserting ``per item''.
SEC. 1022. TEMPORARY EXTENSION TO CERTAIN NAVAL AIRCRAFT OF COAST GUARD
AUTHORITY FOR DRUG INTERDICTION ACTIVITIES.
(a) Inclusion as Authorized Aircraft.--Subsection (c) of
section 637 of title 14, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph
(2) and inserting ``; or''; and
(3) by adding at the end the following new
paragraph:
``(3) subject to subsection (d), it is a naval
aircraft that has one or more members of the Coast
Guard on board and is operating from a surface naval
vessel described in paragraph (2).''.
(b) Duration of Inclusion.--Such section is further amended
by adding at the end the following new subsection:
``(d)(1) The inclusion of naval aircraft as an authorized
aircraft for purposes of this section shall be effective only
after the end of the 30-day period beginning on the date the
report required by paragraph (2) is submitted through September
30, 2001.
``(2) Not later than August 1, 2000, the Secretary of
Defense shall submit to the Committee on Armed Services of the
House of Representatives and the Committee on Armed Services of
the Senate a report containing--
``(A) an analysis of the benefits and risks
associated with using naval aircraft to perform the law
enforcement activities authorized by subsection (a);
``(B) an estimate of the extent to which the
Secretary expects to implement the authority provided
by this section; and
``(C) an analysis of the effectiveness and
applicability to the Department of Defense of the Coast
Guard program known as the `New Frontiers' program.''.
SEC. 1023. MILITARY ASSISTANCE TO CIVIL AUTHORITIES TO RESPOND TO ACT
OR THREAT OF TERRORISM.
(a) Authority To Provide Assistance.--The Secretary of
Defense, upon the request of the Attorney General, may provide
assistance to civil authorities in responding to an act of
terrorism or threat of an act of terrorism, including an act of
terrorism or threat of an act of terrorism that involves a
weapon of mass destruction, within the United States, if the
Secretary determines that--
(1) special capabilities and expertise of the
Department of Defense are necessary and critical to
respond to the act of terrorism or the threat of an act
of terrorism; and
(2) the provision of such assistance will not
adversely affect the military preparedness of the Armed
Forces.
(b) Nature of Assistance.--Assistance provided under
subsection (a) may include the deployment of Department of
Defense personnel and the use of any Department of Defense
resources to the extent and for such period as the Secretary of
Defense determines necessary to prepare for, prevent, or
respond to an act or threat of an act of terrorism described in
that subsection. Actions taken to provide the assistance may
include the prepositioning of Department of Defense personnel,
equipment, and supplies.
(c) Reimbursement.--(1) Except as provided in paragraph
(2), assistance provided under this section shall be provided
on a reimbursable basis. Notwithstanding any other provision of
law, the amounts of reimbursement shall be limited to the
amounts of the incremental costs incurred by the Department of
Defense to provide the assistance.
(2) In extraordinary circumstances, the Secretary of
Defense may waive the requirement for reimbursement if the
Secretary determines that such a waiver is in the national
security interests of the United States and submits to Congress
a notification of the determination.
(3) If funds are appropriated for the Department of Justice
to cover the costs of responding to an act or threat of an act
of terrorism for which assistance is provided under subsection
(a), the Attorney General shall reimburse the Department of
Defense out of such funds for the costs incurred by the
Department in providing the assistance, without regard to
whether the assistance was provided on a nonreimbursable basis
pursuant to a waiver under paragraph (2).
(d) Annual Limitation on Funding.--Not more than
$10,000,000 may be obligated to provide assistance under
subsection (a) during any fiscal year.
(e) Personnel Restrictions.--In providing assistance under
this section, a member of the Army, Navy, Air Force, or Marine
Corps may not, unless otherwise authorized by law--
(1) directly participate in a search, seizure,
arrest, or other similar activity; or
(2) collect intelligence for law enforcement
purposes.
(f) Nondelegability of Authority.--(1) The Secretary of
Defense may not delegate to any other official the authority to
make determinations and to authorize assistance under this
section.
(2) The Attorney General may not delegate to any other
official authority to make a request for assistance under
subsection (a).
(g) Relationship to Other Authority.--The authority
provided in this section is in addition to any other authority
available to the Secretary of Defense, and nothing in this
section shall be construed to restrict any authority regarding
use of members of the Armed Forces or equipment of the
Department of Defense that was in effect before the date of the
enactment of this Act.
(h) Definitions.--In this section:
(1) Threat of an act of terrorism.--The term
``threat of an act of terrorism'' includes any
circumstance providing a basis for reasonably
anticipating an act of terrorism, as determined by the
Secretary of Defense in consultation with the Attorney
General and the Secretary of the Treasury.
(2) Weapon of mass destruction.--The term ``weapon
of mass destruction'' has the meaning given the term in
section 1403 of the Defense Against Weapons of Mass
Destruction Act of 1996 (50 U.S.C. 2302(1)).
(i) Duration of Authority.--The authority provided by this
section applies during the period beginning on October 1, 1999,
and ending on September 30, 2004.
SEC. 1024. CONDITION ON DEVELOPMENT OF FORWARD OPERATING LOCATIONS FOR
UNITED STATES SOUTHERN COMMAND COUNTER-DRUG
DETECTION AND MONITORING FLIGHTS.
(a) Condition.--Except as provided in subsection (b), none
of the funds appropriated or otherwise made available to the
Department of Defense for any fiscal year may be obligated or
expended for the purpose of improving the physical
infrastructure at any proposed forward operating location
outside the United States from which the United States Southern
Command may conduct counter-drug detection and monitoring
flights until a formal agreement regarding the extent and use
of, and host nation support for, the forward operating location
is executed by both the host nation and the United States.
(b) Exception.--The limitation in subsection (a) does not
apply to an unspecified minor military construction project
authorized by section 2805 of title 10, United States Code.
SEC. 1025. ANNUAL REPORT ON UNITED STATES MILITARY ACTIVITIES IN
COLOMBIA.
Not later than January 1 of each year, the Secretary of
Defense shall submit to the Committee on Armed Services and the
Committee on Foreign Relations of the Senate and the Committee
on Armed Services and the Committee on International Relations
of the House of Representatives a report detailing the number
of members of the United States Armed Forces deployed or
otherwise assigned to duty in Colombia at any time during the
preceding year, the length and purpose of the deployment or
assignment, and the costs and force protection risks associated
with such deployments and assignments.
SEC. 1026. REPORT ON USE OF RADAR SYSTEMS FOR COUNTER-DRUG DETECTION
AND MONITORING.
Not later than May 1, 2000, the Secretary of Defense shall
submit to the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the
Senate a report containing an evaluation of the effectiveness
of the Wide Aperture Radar Facility, Tethered Aerostat Radar
System, Ground Mobile Radar, and Relocatable Over-The-Horizon
Radar in maritime, air, and land counter-drug detection and
monitoring.
SEC. 1027. PLAN REGARDING ASSIGNMENT OF MILITARY PERSONNEL TO ASSIST
IMMIGRATION AND NATURALIZATION SERVICE AND CUSTOMS
SERVICE.
(a) Preparation of Plan.--(1) The Secretary of Defense
shall prepare a plan to assign members of the Army, Navy, Air
Force, or Marine Corps to assist the Immigration and
Naturalization Service or the United States Customs Service
should the President determine, and the Attorney General or the
Secretary of the Treasury, as the case may be, certify, that
military personnel are required to respond to a threat to
national security posed by the entry into the United States of
terrorists or drug traffickers.
(2) The Secretary shall ensure that activities proposed to
be performed by military personnel under the plan are
consistent with section 1385 of title 18, United States Code
(popularly known as the Posse Comitatus Act), and shall include
in the plan a training program for military personnel who would
be assigned to assist Federal law enforcement agencies--
(A) in preventing the entry of terrorists and drug
traffickers into the United States; and
(B) in the inspection of cargo, vehicles, and
aircraft at points of entry into the United States for
weapons of mass destruction, prohibited narcotics, or
other terrorist or drug trafficking items.
(b) Report on Use of Military Personnel To Support Civilian
Law Enforcement.--Not later than May 1, 2000, the Secretary of
Defense shall submit to the Committee on Armed Services of the
House of Representatives and the Committee on Armed Services of
the Senate a report containing--
(1) the plan required by subsection (a);
(2) a discussion of the risks and benefits
associated with using military personnel to provide the
law enforcement support described in subsection (a)(2);
(3) recommendations regarding the functions
outlined in the plan most appropriate to be performed
by military personnel; and
(4) the total number of active and reserve members,
and members of the National Guard whose activities were
supported using funds provided under section 112 of
title 32, United States Code, who participated in drug
interdiction activities or otherwise provided support
for civilian law enforcement during fiscal year 1999.
Subtitle D--Miscellaneous Report Requirements and Repeals
SEC. 1031. PRESERVATION OF CERTAIN DEFENSE REPORTING REQUIREMENTS.
Section 3003(a)(1) of the Federal Reports Elimination and
Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to any
report required to be submitted under any of the following
provisions of law:
(1) The following sections of title 10, United
States Code: sections 113, 115a, 116, 139(f), 221, 226,
401(d), 662(b), 946, 1464(c), 2006(e)(3), 2010,
2011(e), 2391(c), 2431(a), 2432, 2457(d), 2461(g),
2537, 2662(b), 2706, 2859, 2861, 2902(g)(2),
4542(g)(2), 7424(b), 7425(b), 7431(c), 10541, 12302(d),
and 16137.
(2) Section 1121(f) of the National Defense
Authorization Act for Fiscal Year 1988 and 1989 (Public
Law 100-180; 10 U.S.C. 113 note).
(3) Section 1405 of the Defense Dependents'
Education Act of 1978 (20 U.S.C. 924).
(4) Section 1411(b) of the Barry Goldwater
Scholarship and Excellence in Education Act (20 U.S.C.
4710(b)).
(5) Section 1097 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (22
U.S.C. 2751 note).
(6) Section 30A(d) of the Arms Export Control Act
(22 U.S.C. 2770a(d)).
(7) Sections 1516(f) and 1518(c) of the Armed
Forces Retirement Home Act of 1991 (Public Law 101-510;
24 U.S.C. 416(f), 418(c)).
(8) Sections 3554(e)(2) and 9503(a) of title 31,
United States Code.
(9) Section 300110(b) of title 36, United States
Code.
(10) Sections 301a(f) and 1008 of title 37, United
States Code.
(11) Section 8111(f) of title 38, United States
Code.
(12) Section 205(b) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 486(b)).
(13) Section 3732 of the Revised Statutes,
popularly known as the ``Food and Forage Act'' (41
U.S.C. 11).
(14) Section 101(b)(6) of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff(b)(6)).
(15) Section 1436(e) of the National Defense
Authorization Act, Fiscal Year 1989 (Public Law 100-
456; 42 U.S.C. 2121 note).
(16) Section 165 of the Energy Policy and
Conservation Act (42 U.S.C. 6245).
(17) Section 603(e) of the National Science and
Technology Policy, Organization, and Priorities Act of
1976 (42 U.S.C. 6683(e)).
(18) Section 822(b) of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (42
U.S.C. 6687(b)).
(19) Section 208 of the Department of Energy
National Security and Military Applications of Nuclear
Energy Authorization Act of 1979 (42 U.S.C. 7271).
(20) Section 3134 of the National Defense
Authorization Act for Fiscal Year 1991 (42 U.S.C.
7274c).
(21) Section 3135 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (42
U.S.C. 7274g).
(22) Section 12 of the Act of March 9, 1920
(popularly known as the ``Suits in Admiralty Act'') (46
App. U.S.C. 752).
(23) Sections 208, 901(b)(2), and 1211 of the
Merchant Marine Act, 1936 (46 App. U.S.C. 1118,
1241(b)(2), 1291).
(24) Sections 11 and 14 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h-2,
98h-5).
(25) Section 108 of the National Security Act of
1947 (50 U.S.C. 404a).
(26) Section 4 of the Act entitled ``An Act to
authorize the making, amending, and modification of
contracts to facilitate the national defense'',
approved August 28, 1958 (50 U.S.C. 1434).
(27) Section 1412(g) of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521(g)).
(28) Section 3 of the Authorization for Use of
Military Force Against Iraq Resolution (50 U.S.C. 1541
note).
(29) Sections 202(d) and 401(c) of the National
Emergencies Act (50 U.S.C. 1622(d), 1641(c)).
(30) Section 10(g) of the Military Selective
Service Act (50 U.S.C. App. 460(g)).
(31) Section 708 of the Defense Production Act of
1950 (50 U.S.C. App. 2158).
(32) Section 703(g) of the Military Construction
Authorization Act, 1982 (Public Law 97-99; 95 Stat.
1376).
(33) Section 704 of the Military Construction
Authorization Act, 1982 (Public Law 97-99; 95 Stat.
1377).
(34) Section 113(b) of the National Defense
Authorization Act for Fiscal Year 1990 and 1991 (Public
Law 101-189; 103 Stat. 1373).
SEC. 1032. REPEAL OF CERTAIN REPORTING REQUIREMENTS NOT PRESERVED.
(a) Repeal of Provisions of Title 10, United States Code.--
Title 10, United States Code, is amended as follows:
(1) Section 2201(d) is amended--
(A) by striking paragraph (2);
(B) by striking ``; and'' at the end of
paragraph (1) and inserting a period; and
(C) by striking ``Defense--'' and all that
follows through ``(1) shall'' and inserting
``Defense shall''.
(2) Section 2313(b) is amended by striking
paragraph (4).
(3) Section 2350g is amended--
(A) by striking subsection (b); and
(B) by redesignating subsections (c) and
(d) as subsections (b) and (c), respectively.
(b) Repeal of Other Provisions of Law.--The following
provisions of law are repealed:
(1) Section 224 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101-189; 10 U.S.C. 2431 note).
(2) Section 3059(c) of the Anti-Drug Abuse Act of
1986 (Public Law 99-570; 10 U.S.C. 9441 note).
(3) Section 7606 of the Anti-Drug Abuse Act of 1988
(Public Law 100-690; 10 U.S.C. 9441 note).
(4) Section 1002(d) of the Department of Defense
Authorization Act, 1985 (Public Law 98-525; 22 U.S.C.
1928 note).
SEC. 1033. REPORTS ON RISKS UNDER NATIONAL MILITARY STRATEGY AND
COMBATANT COMMAND REQUIREMENTS.
Section 153 of title 10, United States Code, is amended by
adding at the end the following new subsections:
``(c) Risks Under National Military Strategy.--(1) Not
later than January 1 each year, the Chairman shall submit to
the Secretary of Defense a report providing the Chairman's
assessment of the nature and magnitude of the strategic and
military risks associated with executing the missions called
for under the current National Military Strategy.
``(2) The Secretary shall forward the report received under
paragraph (1) in any year, with the Secretary's comments
thereon (if any), to Congress with the Secretary's next
transmission to Congress of the annual Department of Defense
budget justification materials in support of the Department of
Defense component of the budget of the President submitted
under section 1105 of title 31 for the next fiscal year. If the
Chairman's assessment in such report in any year is that risk
associated with executing the missions called for under the
National Military Strategy is significant, the Secretary shall
include with the report as submitted to Congress the
Secretary's plan for mitigating that risk.
``(d) Annual Report on Combatant Command Requirements.--(1)
Not later than August 15 of each year, the Chairman shall
submit to the committees of Congress named in paragraph (2) a
report on the requirements of the combatant commands
established under section 161 of this title. The report shall
contain the following:
``(A) A consolidation of the integrated priority
lists of requirements of the combatant commands.
``(B) The Chairman's views on the consolidated
lists.
``(2) The committees of Congress referred to in paragraph
(1) are the Committees on Armed Services and the Committees on
Appropriations of the Senate and House of Representatives.''.
SEC. 1034. REPORT ON LIFT AND PREPOSITIONED SUPPORT REQUIREMENTS TO
SUPPORT NATIONAL MILITARY STRATEGY.
(a) Report Required.--Not later than February 15, 2000, the
Secretary of Defense shall submit to Congress a report, in both
classified and unclassified form, describing the strategic,
theater, operational, and tactical requirements for airlift,
sealift, surface transportation, and prepositioned war material
necessary to carry out the full range of missions included in
the National Military Strategy prescribed by the Chairman of
the Joint Chiefs of Staff under the postures of force
engagement anticipated through 2005.
(b) Content of Report.--The report shall address the
following:
(1) A review of the study conducted by the Air
Force during 1999 on oversize/outsize airlift cargo
requirements, including a risk assessment and an
evaluation of alternatives.
(2) A review of the study of the Chairman of the
Joint Chiefs of Staff conducted during 1999 designated
as the ``Joint Chiefs of Staff Mobility Requirements
Study 05'', including a risk assessment, an evaluation
of alternatives, and a validation of the analyses done
by the Joint Staff for that study concerning each of
the following:
(A) The identity, size, structure, and
capabilities of the airlift and sealift
requirements for the full range of shaping,
preparing, and responding missions called for
under the National Military Strategy.
(B) The required support and infrastructure
required to successfully execute the full range
of missions required under the National
Military Strategy on the deployment schedules
outlined in the plans of the relevant
commanders-in-chief from expected and
increasingly dispersed postures of engagement.
(C) The anticipated effect of enemy use of
weapons of mass destruction, other asymmetrical
attacks, expected rates of peacekeeping, and
other contingency missions and other similar
factors on the mobility force and its required
infrastructure and on mobility requirements.
(D) The effect on mobility requirements of
new service force structures such as the Air
Force's Air Expeditionary Force, the Army's
Strike Force, the Marine Corps' operational
maneuver-from-the-sea concept and supporting
concepts including Ship-to-Objective Maneuver,
Maritime Prepositioning Forces 2010, and
Seabased Logistics, and any foreseeable force
structure modifications through 2005.
(E) The need to deploy forces strategically
and employ them tactically using the same lift
platform.
(F) The anticipated role of host nation,
foreign, and coalition airlift and sealift
support, and the anticipated requirements for
United States lift assets to support coalition
forces, through 2005.
(G) Alternatives to the current mobility
program or required modifications to the 1998
Air Mobility Master Plan update.
(3) A review of the Army, Air Force, and Marine
Corps maritime prepositioned ship requirements and
modernization plan.
(c) Intra-Theater Requirements Report.--Not later than
December 1, 2000, the Secretary of Defense shall submit to
Congress a report, in both classified and unclassified form,
describing the intra-theater requirements for airlift, small-
craft lift, and surface transportation necessary to carry out
the full range of missions included in the National Military
Strategy prescribed by the Chairman of the Joint Chiefs of
Staff under the postures of force engagement anticipated
through 2005.
SEC. 1035. REPORT ON ASSESSMENTS OF READINESS TO EXECUTE THE NATIONAL
MILITARY STRATEGY.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report in unclassified form assessing the
effect of continued operations in the Balkans region on--
(1) the ability of the Armed Forces to successfully
meet other regional contingencies; and
(2) the readiness of the Armed Forces to execute
the National Military Strategy.
(b) Matters To Be Included.--The report under subsection
(a) shall include the following:
(1) All models used by the Chairman of the Joint
Chiefs of Staff to assess the capability of the United
States to execute the full range of missions under the
National Military Strategy and all other models used by
the Armed Forces to assess that capability.
(2) Separate assessments that would result from the
use of those models if it were necessary to execute the
full range of missions called for under the National
Military Strategy under each of the scenarios set forth
in subsection (c), including the levels of casualties
the United States would be projected to incur.
(3) Assumptions made about the readiness levels of
major units included in each such assessment, including
equipment, personnel, and training readiness and
sustainment ability.
(4) The increasing levels of casualties that would
be projected under each such scenario over a range of
risks of prosecuting two Major Theater Wars that
proceeds from low-moderate risk to moderate-high risk.
(5) An estimate of--
(A) the total resources needed to attain a
moderate-high risk under those scenarios;
(B) the total resources needed to attain a
low-moderate risk under those scenarios; and
(C) the incremental resources needed to
decrease the level of risk from moderate-high
to low-moderate.
(c) Scenarios To Be Used.--The scenarios to be used for
purposes of paragraphs (1), (2), and (3) of subsection (b) are
the following:
(1) That while the Armed Forces are engaged in
operations at the level of the operations ongoing as of
the date of the enactment of this Act, international
armed conflict begins--
(A) on the Korean peninsula; and
(B) first on the Korean peninsula and then
45 days later in Southwest Asia.
(2) That while the Armed Forces are engaged in
operations at the peak level reached during Operation
Allied Force against the Federal Republic of
Yugoslavia, international armed conflict begins--
(A) on the Korean peninsula; and
(B) first on the Korean peninsula and then
45 days later in Southwest Asia.
(d) Consultation.--In preparing the report under this
section, the Secretary of Defense shall consult with the
Chairman of the Joint Chiefs of Staff, the commanders of the
unified commands, the Secretaries of the military departments,
and the heads of the combat support agencies and other such
entities within the Department of Defense as the Secretary
considers necessary.
SEC. 1036. REPORT ON RAPID ASSESSMENT AND INITIAL DETECTION TEAMS.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the Department's plans for establishing
and deploying Rapid Assessment and Initial Detection (RAID)
teams for responses to incidents involving a weapon of mass
destruction. The report shall include the following:
(1) A description of the capabilities of a RAID
team and a comparison of those capabilities to the
capabilities of other Federal, State, and local WMD
responders.
(2) An assessment of the manner in which a RAID
team complements the mission, functions, and
capabilities of other Federal, State, and local WMD
responders.
(3) The Department's plan for conducting realistic
exercises involving RAID teams, including exercises
with other Federal, State, and local WMD responders.
(4) A description of the command and control
relationships between the RAID teams and Federal,
State, and local WMD responders.
(5) An assessment of the degree to which States
have integrated, or are planning to integrate, RAID
teams into other-than-weapon-of-mass-destruction
missions of State or local WMD responders.
(6) A specific description and analysis of the
procedures that have been established or agreed to by
States for the use in one State of a RAID team that is
based in another State.
(7) An identification of those States where the
deployment of out-of-State RAID teams is not governed
by existing interstate compacts.
(8) An assessment of the Department's progress in
developing an appropriate national level compact for
interstate sharing of resources that would facilitate
consistent and effective procedures for the use of out-
of-State RAID teams.
(9) An assessment of the measures that will be
taken to recruit, train, maintain the proficiency of,
and retain members of the RAID teams, to include those
measures to provide for their career progression.
(b) Definitions.--In this section:
(1) The term ``Rapid Assessment and Initial
Detection team'' or ``RAID team'' refers to a military
unit comprised of Active Guard and Reserve personnel
organized, trained, and equipped to conduct domestic
missions in the United States in response to the use
of, or threatened use of, a weapon of mass destruction.
(2) The term ``WMD responder'' means an
organization responsible for responding to an incident
involving a weapon of mass destruction.
(3) The term ``weapon of mass destruction'' has the
meaning given that term in section 1403(1) of the
Defense Against Weapons of Mass Destruction Act of 1996
(50 U.S.C. 2302(1)).
SEC. 1037. REPORT ON UNIT READINESS OF UNITS CONSIDERED TO BE ASSETS OF
CONSEQUENCE MANAGEMENT PROGRAM INTEGRATION OFFICE.
(a) Joint Readiness Review.--(1) The Secretary of Defense
shall include in the quarterly readiness report submitted to
Congress under section 482 of title 10, United States Code, for
the first quarter beginning after the date of the enactment of
this Act an assessment of the readiness, training status, and
future funding requirements of all active and reserve component
units that (as of the date of the enactment of this Act) are
considered assets of the Consequence Management Program
Integration Office of the Department of Defense.
(2) The Secretary shall set forth the assessment under
paragraph (1) as an annex to the quarterly report referred to
in that paragraph. The Secretary shall include in that annex a
detailed description of how the active and reserve component
units referred to in that paragraph are integrated with the
Rapid Assessment and Initial Detection Teams in the overall
Consequence Management Program Integration Office of the
Department of Defense.
(b) Decontamination Readiness Plan.--The Secretary of
Defense shall prepare a decontamination readiness plan for the
Consequence Management Program Integration Office of the
Department of Defense. The plan shall include the following:
(1) The actions necessary to ensure that the units
of the Armed Forces designated to carry out
decontamination missions are at the level of readiness
necessary to carry out those missions.
(2) The funding necessary for attaining and
maintaining the level of readiness referred to in
paragraph (1).
(3) Procedures for ensuring that each
decontamination unit is available to respond to an
incident in the United States that involves a weapon of
mass destruction within 12 hours after being notified
of the incident.
SEC. 1038. ANALYSIS OF RELATIONSHIP BETWEEN THREATS AND BUDGET
SUBMISSION FOR FISCAL YEAR 2001.
(a) Requirement for Report.--The Secretary of Defense shall
submit to the congressional defense committees, on the date
that the President submits the budget for fiscal year 2001 to
Congress under section 1105(a) of title 31, United States Code,
a report on the relationship between the budget proposed for
budget function 050 (National Defense) for that fiscal year and
the then-current and emerging threats to the national security
interests of the United States identified in the annual
national security strategy report required under section 108 of
the National Security Act of 1947 (50 U.S.C. 404a). The report
shall be prepared in coordination with the Chairman of the
Joint Chiefs of Staff and the Director of Central Intelligence.
(b) Content.--The report shall contain the following:
(1) A detailed description of the threats referred
to in subsection (a).
(2) An analysis of those threats in terms of the
probability that an attack or other threat event will
actually occur, the military challenge posed by those
threats, and the potential damage that those threats
could have to the national security interests of the
United States.
(3) An analysis of the allocation of funds in the
fiscal year 2001 budget and the future-years defense
program that addresses each of those threats.
(4) A justification for each major defense
acquisition program (as defined in section 2430 of
title 10, United States Code) that is provided for in
the budget in light of the description and analyses set
forth in the report pursuant to this subsection.
(c) Form of Report.--The report shall be submitted in
unclassified form, but may also be submitted in classified form
if necessary.
SEC. 1039. REPORT ON NATO DEFENSE CAPABILITIES INITIATIVE.
(a) Findings.--Congress makes the following findings:
(1) At the meeting of the North Atlantic Council
held in Washington, DC, in April 1999, the NATO Heads
of State and Governments launched a Defense
Capabilities Initiative.
(2) The Defense Capabilities Initiative is designed
to improve the defense capabilities of the individual
nations of the NATO Alliance to ensure the
effectiveness of future operations across the full
spectrum of Alliance missions in the present and
foreseeable security environment.
(3) Under the Defense Capabilities Initiative,
special focus will be given to improving
interoperability among Alliance forces and to
increasing defense capabilities through improvements in
the deployability and mobility of Alliance forces, the
sustainability and logistics of those forces, the
survivability and effective engagement capability of
those forces, and command and control and information
systems.
(4) The successful implementation of the Defense
Capabilities Initiative will serve to enable all
members of the Alliance to make a more equitable
contribution to the full spectrum of Alliance missions,
thereby increasing burdensharing within the Alliance
and enhancing the ability of European members of the
Alliance to undertake operations pursuant to the
European Security and Defense Identity within the
Alliance.
(b) Annual Report.--(1) Not later than January 31 of each
year, the Secretary of Defense shall submit to the Committees
on Armed Services and Foreign Relations of the Senate and the
Committees on Armed Services and International Relations of the
House of Representatives a report, to be prepared in
consultation with the Secretary of State, on implementation of
the Defense Capabilities Initiative by the nations of the NATO
Alliance. The report shall include the following:
(A) A discussion of the work of the temporary High-
Level Steering Group, or any successor group,
established to oversee the implementation of the
Defense Capabilities Initiative and to meet the
requirement of coordination and harmonization among
relevant planning disciplines.
(B) A description of the actions taken, including
implementation of the Multinational Logistics Center
concept and development of the C3 system architecture,
by the Alliance as a whole to further the Defense
Capabilities Initiative.
(C) A description of the actions taken by each
member of the Alliance other than the United States to
improve the capabilities of its forces in each of the
following areas:
(i) Interoperability with forces of other
Alliance members.
(ii) Deployability and mobility.
(iii) Sustainability and logistics.
(iv) Survivability and effective engagement
capability.
(v) Command and control and information
systems.
(2) The report shall be submitted in unclassified form, but
may also be submitted in classified form if necessary.
SEC. 1040. REPORT ON MOTOR VEHICLE VIOLATIONS BY OPERATORS OF OFFICIAL
ARMY VEHICLES.
(a) Review Required.--The Secretary of the Army shall
review the incidence during fiscal year 1999 of the violation
of motor vehicle laws by operators of official Army motor
vehicles. To the extent practicable, the review shall include
all such violations for which citations were issued (including
infractions relating to parking), other than violations
occurring on a military installation, regardless of whether or
not a fine was paid for the violation.
(b) Report.--Not later than March 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 results of the review under subsection (a). The
report shall include the following:
(1) The number of the citations described in
subsection (a), shown separately by principal
jurisdiction.
(2) An estimate of the total amount of the fines
that are associated with those citations, shown
separately by principal jurisdiction.
(3) Any actions taken by the Secretary or
recommendations that the Secretary considers
appropriate to reduce the prevalence of such
violations.
(c) Motor Vehicle Laws.--For purposes of this section, the
term ``motor vehicle law'' means a law (including a regulation,
ordinance, or other measure) that regulates the operation or
parking of a motor vehicle within the jurisdiction of the
governmental entity establishing the law.
(d) Principal Jurisdiction.--For purposes of this section,
the term ``principal jurisdiction'' means a State, territory,
or Commonwealth, the District of Columbia, or a foreign nation.
Subtitle E--Information Security
SEC. 1041. IDENTIFICATION IN BUDGET MATERIALS OF AMOUNTS FOR
DECLASSIFICATION ACTIVITIES AND LIMITATION ON
EXPENDITURES FOR SUCH ACTIVITIES.
(a) In General.--(1) Chapter 9 of title 10, United States
Code, is amended by adding after section 229, as added by
section 932(b), the following new section:
``Sec. 230. Amounts for declassification of records
``The Secretary of Defense shall include in the budget
justification materials submitted to Congress in support of the
Department of Defense budget for any fiscal year (as submitted
with the budget of the President under section 1105(a) of title
31) specific identification, as a budgetary line item, of the
amounts required to carry out programmed activities during that
fiscal year to declassify records pursuant to Executive Order
12958 (50 U.S.C. 435 note) or any successor Executive order or
to comply with any statutory requirement, or any request, to
declassify Government records.''.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item relating to section 229, as
added by section 932(b), the following new item:
``230. Amounts for declassification of records.''.
(b) Limitation on Expenditures.--The total amount expended
by the Department of Defense during fiscal year 2000 to carry
out declassification activities under the provisions of section
3.4 of Executive Order 12958 (50 U.S.C. 435 note) may not
exceed the Department's planned expenditure level of
$51,000,000.
(c) Certification Required With Respect to Automatic
Declassification of Records.--No records of the Department of
Defense that have not been reviewed for declassification shall
be subject to automatic declassification unless the Secretary
of Defense certifies to Congress that such declassification
would not harm the national security.
(d) Report on Automatic Declassification of Department of
Defense Records.--Not later than February 1, 2001, the
Secretary of Defense shall submit to the Committee on Armed
Service of the House of Representatives and the Committee on
Armed Services of the Senate a report on the efforts of the
Department of Defense relating to the declassification of
classified records under the control of the Department of
Defense. Such report shall include the following:
(1) An assessment of whether the Department will be
able to review all relevant records for
declassification before any date established for
automatic declassification.
(2) An estimate of the cost of reviewing records to
meet any requirement to review all relevant records for
declassification by a date established for automatic
declassification.
(3) An estimate of the number of records, if any,
that the Department will be unable to review for
declassification before any such date and the affect on
national security of the automatic declassification of
those records.
(4) An estimate of the length of time by which any
such date would need to be extended to avoid the
automatic declassification of records that have not yet
been reviewed as of such date.
SEC. 1042. NOTICE TO CONGRESSIONAL COMMITTEES OF CERTAIN SECURITY AND
COUNTERINTELLIGENCE FAILURES WITHIN DEFENSE
PROGRAMS.
(a) In General.--Chapter 161 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2723. Notice to congressional committees of certain security and
counterintelligence failures within defense
programs
``(a) Required Notification.--The Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a notification of each security or
counterintelligence failure or compromise of classified
information relating to any defense operation, system, or
technology of the United States that the Secretary considers
likely to cause significant harm or damage to the national
security interests of the United States. The Secretary shall
consult with the Director of Central Intelligence and the
Director of the Federal Bureau of Investigation, as
appropriate, before submitting any such notification.
``(b) Manner of Notification.--Notification of a failure or
compromise of classified information under subsection (a) shall
be provided, in accordance with the procedures established
pursuant to subsection (c), not later than 30 days after the
date on which the Department of Defense determines that the
failure or compromise has taken place.
``(c) Procedures.--The Secretary of Defense and the
Committees on Armed Services of the Senate and House of
Representatives shall each establish such procedures as may be
necessary to protect from unauthorized disclosure classified
information, information relating to intelligence sources and
methods, and sensitive law enforcement information that is
submitted to those committees pursuant to this section and that
are otherwise necessary carry out the provisions of this
section.
``(d) Statutory Construction.--(1) Nothing in this section
shall be construed as authority to withhold any information
from the Committees on Armed Services of the Senate and House
of Representatives on the grounds that providing the
information to those committees would constitute the
unauthorized disclosure of classified information, information
relating to intelligence sources and methods, or sensitive law
enforcement information.
``(2) Nothing in this section shall be construed to modify
or supersede any other requirement to report information on
intelligence activities to the Congress, including the
requirement under section 501 of the National Security Act of
1947 (50 U.S.C. 413).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2723. Notice to congressional committees of certain security and
counterintelligence failures within defense programs.''.
SEC. 1043. INFORMATION ASSURANCE INITIATIVE.
(a) In General.--Chapter 131 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2224. Defense Information Assurance Program
``(a) Defense Information Assurance Program.--The Secretary
of Defense shall carry out a program, to be known as the
`Defense Information Assurance Program', to protect and defend
Department of Defense information, information systems, and
information networks that are critical to the Department and
the armed forces during day-to-day operations and operations in
times of crisis.
``(b) Objectives of the Program.--The objectives of the
program shall be to provide continuously for the availability,
integrity, authentication, confidentiality, nonrepudiation, and
rapid restitution of information and information systems that
are essential elements of the Defense Information
Infrastructure.
``(c) Program Strategy.--In carrying out the program, the
Secretary shall develop a program strategy that encompasses
those actions necessary to assure the readiness, reliability,
continuity, and integrity of Defense information systems,
networks, and infrastructure. The program strategy shall
include the following:
``(1) A vulnerability and threat assessment of
elements of the defense and supporting nondefense
information infrastructures that are essential to the
operations of the Department and the armed forces.
``(2) Development of essential information
assurances technologies and programs.
``(3) Organization of the Department, the armed
forces, and supporting activities to defend against
information warfare.
``(4) Joint activities of the Department with other
departments and agencies of the Government, State and
local agencies, and elements of the national
information infrastructure.
``(5) The conduct of exercises, war games,
simulations, experiments, and other activities designed
to prepare the Department to respond to information
warfare threats.
``(6) Development of proposed legislation that the
Secretary considers necessary for implementing the
program or for otherwise responding to the information
warfare threat.
``(d) Coordination.--In carrying out the program, the
Secretary shall coordinate, as appropriate, with the head of
any relevant Federal agency and with representatives of those
national critical information infrastructure systems that are
essential to the operations of the Department and the armed
forces on information assurance measures necessary to the
protection of these systems.
``(e) Annual Report.--Each year, at or about the time the
President submits the annual budget for the next fiscal year
pursuant to section 1105 of title 31, the Secretary shall
submit to Congress a report on the Defense Information
Assurance Program. Each report shall include the following:
``(1) Progress in achieving the objectives of the
program.
``(2) A summary of the program strategy and any
changes in that strategy.
``(3) A description of the information assurance
activities of the Office of the Secretary of Defense,
Joint Staff, unified and specified commands, Defense
Agencies, military departments, and other supporting
activities of the Department of Defense.
``(4) Program and budget requirements for the
program for the past fiscal year, current fiscal year,
budget year, and each succeeding fiscal year in the
remainder of the current future-years defense program.
``(5) An identification of critical deficiencies
and shortfalls in the program.
``(6) Legislative proposals that would enhance the
capability of the Department to execute the program.
``(f) Information Assurance Test Bed.--The Secretary shall
develop an information assurance test bed within the Department
of Defense to provide--
``(1) an integrated organization structure to plan
and facilitate the conduct of simulations, war games,
exercises, experiments, and other activities to prepare
and inform the Department regarding information warfare
threats; and
``(2) organization and planning means for the
conduct by the Department of the integrated or joint
exercises and experiments with elements of the national
information systems infrastructure and other non-
Department of Defense organizations that are
responsible for the oversight and management of
critical information systems and infrastructures on
which the Department, the armed forces, and supporting
activities depend for the conduct of daily operations
and operations during crisis.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2224. Defense Information Assurance Program.''.
SEC. 1044. NONDISCLOSURE OF INFORMATION ON PERSONNEL OF OVERSEAS,
SENSITIVE, OR ROUTINELY DEPLOYABLE UNITS.
(a) In General.--Chapter 3 of title 10, United States Code,
is amended by inserting after section 130a the following new
section:
``Sec. 130b. Personnel in overseas, sensitive, or routinely deployable
units: nondisclosure of personally identifying
information
``(a) Exemption From Disclosure.--The Secretary of Defense
and, with respect to the Coast Guard when it is not operating
as a service in the Navy, the Secretary of Transportation may,
notwithstanding section 552 of title 5, authorize to be
withheld from disclosure to the public personally identifying
information regarding--
``(1) any member of the armed forces assigned to an
overseas unit, a sensitive unit, or a routinely
deployable unit; and
``(2) any employee of the Department of Defense or
of the Coast Guard whose duty station is with any such
unit.
``(b) Exceptions.--(1) The authority in subsection (a) is
subject to such exceptions as the President may direct.
``(2) Subsection (a) does not authorize any official to
withhold, or to authorize the withholding of, information from
Congress.
``(c) Definitions.--In this section:
``(1) The term `personally identifying
information', with respect to any person, means the
person's name, rank, duty address, and official title
and information regarding the person's pay.
``(2) The term `unit' means a military organization
of the armed forces designated as a unit by competent
authority.
``(3) The term `overseas unit' means a unit that is
located outside the United States and its territories.
``(4) The term `sensitive unit' means a unit that
is primarily involved in training for the conduct of,
or conducting, special activities or classified
missions, including--
``(A) a unit involved in collecting,
handling, disposing, or storing of classified
information and materials;
``(B) a unit engaged in training--
``(i) special operations units;
``(ii) security group commands
weapons stations; or
``(iii) communications stations;
and
``(C) any other unit that is designated as
a sensitive unit by the Secretary of Defense
or, in the case of the Coast Guard when it is
not operating as a service in the Navy, by the
Secretary of Transportation.
``(5) The term `routinely deployable unit' means a
unit that normally deploys from its permanent home
station on a periodic or rotating basis to meet
peacetime operational requirements that, or to
participate in scheduled training exercises that,
routinely require deployments outside the United States
and its territories. Such term includes a unit that is
alerted for deployment outside the United States and
its territories during an actual execution of a
contingency plan or in support of a crisis
operation.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``130b. Personnel in overseas, sensitive, or routinely deployable units:
nondisclosure of personally identifying information.''.
SEC. 1045. NONDISCLOSURE OF CERTAIN OPERATIONAL FILES OF THE NATIONAL
IMAGERY AND MAPPING AGENCY.
(a) Authority To Withhold.--Subchapter II of chapter 22 of
title 10, United States Code, is amended by adding at the end
the following new section:
``Sec. 457. Operational files previously maintained by or concerning
activities of National Photographic Interpretation
Center: authority to withhold from public
disclosure
``(a) Authority.--The Secretary of Defense may withhold
from public disclosure operational files described in
subsection (b) to the same extent that operational files may be
withheld under section 701 of the National Security Act of 1947
(50 U.S.C. 431).
``(b) Covered Operational Files.--The authority under
subsection (a) applies to operational files in the possession
of the National Imagery and Mapping Agency that--
``(1) as of September 22, 1996, were maintained by
the National Photographic Interpretation Center; or
``(2) concern the activities of the Agency that, as
of such date, were performed by the National
Photographic Interpretation Center.
``(c) Operational Files Defined.--In this section, the term
`operational files' has the meaning given that term in section
701(b) of the National Security Act of 1947 (50 U.S.C.
431(b)).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``457. Operational files previously maintained by or concerning
activities of National Photographic Interpretation Center:
authority to withhold from public disclosure.''.
Subtitle F--Memorial Objects and Commemorations
SEC. 1051. MORATORIUM ON THE RETURN OF VETERANS MEMORIAL OBJECTS TO
FOREIGN NATIONS WITHOUT SPECIFIC AUTHORIZATION IN
LAW.
(a) Prohibition.--Notwithstanding section 2572 of title 10,
United States Code, and any other provision of law, during the
moratorium period specified in subsection (c) the President may
not transfer a veterans memorial object to a foreign country or
an entity controlled by a foreign government, or otherwise
transfer or convey such an object to any person or entity for
purposes of the ultimate transfer or conveyance of the object
to a foreign country or entity controlled by a foreign
government, unless such transfer is specifically authorized by
law.
(b) Definitions.--In this section:
(1) Entity controlled by a foreign government.--The
term ``entity controlled by a foreign government'' has
the meaning given that term in section 2536(c)(1) of
title 10, United States Code.
(2) Veterans memorial object.--The term ``veterans
memorial object'' means any object, including a
physical structure or portion thereof, that--
(A) is located at a cemetery of the
National Cemetery System, war memorial, or
military installation in the United States;
(B) is dedicated to, or otherwise
memorializes, the death in combat or combat-
related duties of members of the United States
Armed Forces; and
(C) was brought to the United States from
abroad as a memorial of combat abroad.
(c) Period of Moratorium.--The moratorium period for the
purposes of this section is the period beginning on the date of
the enactment of this Act and ending on September 30, 2001.
SEC. 1052. PROGRAM TO COMMEMORATE 50TH ANNIVERSARY OF THE KOREAN WAR.
(a) Period of Program.--Subsection (a) of section 1083 of
the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 1918; 10 U.S.C. 113 note) is
amended by striking ``The Secretary of Defense'' and inserting
``During fiscal years 2000 through 2004, the Secretary of
Defense''.
(b) Change of Name.--(1) Subsection (c) of such section, as
amended by section 1067 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
Stat. 2134), is amended by striking `` `The Department of
Defense Korean War Commemoration' '' and inserting `` `The
United States of America Korean War Commemoration' ''.
(2) The amendment made by paragraph (1) may not be
construed to supersede rights that are established or vested
before the date of the enactment of this Act.
(3) Any reference to the Department of Defense Korean War
Commemoration in any law, regulation, document, record, or
other paper of the United States shall be considered to be a
reference to the United States of America Korean War
Commemoration.
(c) Funding.--Subsection (f) of such section is amended to
read as follows:
``(f) Use of Funds.--(1) Funds appropriated for the Army
for fiscal years 2000 through 2004 for operation and
maintenance shall be available for the commemorative program
authorized under subsection (a).
``(2) The total amount expended by the Department of
Defense through the Department of Defense 50th Anniversary of
the Korean War Commemoration Committee, an entity within the
Department of the Army, to carry out the commemorative program
authorized under subsection (a) for fiscal years 2000 through
2004 may not exceed $7,000,000.''.
(d) Effective Date.--The amendments made by this section
shall take effect on October 1, 1999.
SEC. 1053. COMMEMORATION OF THE VICTORY OF FREEDOM IN THE COLD WAR.
(a) Findings.--Congress makes the following findings:
(1) The Cold War between the United States and its
allies and the former Union of Soviet Socialist
Republics and its allies was the longest and most
costly struggle for democracy and freedom in the
history of mankind.
(2) Whether millions of people all over the world
would live in freedom hinged on the outcome of the Cold
War.
(3) Democratic countries bore the burden of the
struggle and paid the costs in order to preserve and
promote democracy and freedom.
(4) The Armed Forces and the taxpayers of the
United States bore the greatest portion of that burden
and struggle in order to protect those principles.
(5) Tens of thousands of United States soldiers,
sailors, airmen, Marines paid the ultimate price during
the Cold War in order to preserve the freedoms and
liberties enjoyed in democratic countries.
(6) The Berlin Wall erected in Berlin, Germany,
epitomized the totalitarianism that the United States
struggled to eradicate during the Cold War.
(7) The fall of the Berlin Wall on November 9,
1989, was a major event of the Cold War.
(8) The Soviet Union collapsed on December 25,
1991.
(b) Sense of Congress.--It is the sense of Congress that
the President should issue a proclamation calling on the people
of the United States to observe the victory in the Cold War
with appropriate ceremonies and activities.
(c) Participation of Armed Forces in Celebration of End of
Cold War.--(1) Subject to paragraphs (2), (3), and (4), amounts
authorized to be appropriated by section 301 may be available
for costs of the Armed Forces in participating in a celebration
of the end of the Cold War to be held in Washington, District
of Columbia.
(2) The total amount of funds available under paragraph (1)
for the purpose set forth in that paragraph shall not exceed
$5,000,000.
(3) The Secretary of Defense may accept contributions from
the private sector for the purpose of reducing the costs of the
Armed Forces described in paragraph (1). The amount of funds
available under paragraph (1) for the purpose set forth in that
paragraph shall be reduced by an amount equal to the amount of
contributions accepted by the Secretary under the preceding
sentence.
(4) The funding authorized in paragraph (1) shall not be
available until 30 days after the date upon which the plan
required by subsection (d) is submitted.
(d) Report.--(1) The President shall transmit to Congress--
(A) a report on the content of the proclamation
referred to in subsection (b); and
(B) a plan for appropriate ceremonies and
activities.
(2) The plan submitted under paragraph (1) shall include
the following:
(A) A discussion of the content, location, date,
and time of each ceremony and activity included in the
plan.
(B) The funding allocated to support those
ceremonies and activities.
(C) The organizations and individuals consulted
while developing the plan for those ceremonies and
activities.
(D) A list of private sector organizations and
individuals that are expected to participate in each
ceremony and activity.
(E) A list of local, State, and Federal agencies
that are expected to participate in each ceremony and
activity.
(e) Commission on Victory in the Cold War.--(1) There is
hereby established a commission to be known as the ``Commission
on Victory in the Cold War''.
(2) The Commission shall be composed of twelve members, as
follows:
(A) Two shall be appointed by the President.
(B) Three shall be appointed by the Speaker of the
House of Representatives.
(C) Two shall be appointed by the minority leader
of the House of Representatives.
(D) Three shall be appointed by the majority leader
of the Senate.
(E) Two shall be appointed by the minority leader
of the Senate.
(3) The Commission shall review and make recommendations
regarding the celebration of the victory in the Cold War, to
include the date of the celebration, usage of facilities,
participation of the Armed Forces, and expenditure of funds.
(4) The Secretary shall--
(A) consult with the Commission on matters relating
to the celebration of the victory in the Cold War;
(B) reimburse Commission members for expenses
relating to participation of Commission members in
Commission activities from funds made available under
subsection (c); and
(C) provide the Commission with administrative
support.
(5) The Commission shall be co-chaired by two members as
follows:
(A) One selected by and from among those appointed
pursuant to subparagraphs (A), (C), and (E) of
paragraph (2).
(B) One selected by and from among those appointed
pursuant to subparagraphs (B) and (D) of paragraph (2).
Subtitle G--Other Matters
SEC. 1061. DEFENSE SCIENCE BOARD TASK FORCE ON USE OF TELEVISION AND
RADIO AS A PROPAGANDA INSTRUMENT IN TIME OF
MILITARY CONFLICT.
(a) Establishment of Task Force.--The Secretary of Defense
shall establish a task force of the Defense Science Board to
examine--
(1) the use of radio and television broadcasting as
a propaganda instrument in time of military conflict;
and
(2) the adequacy of the capabilities of the Armed
Forces to make such uses of radio and television during
conflicts such as the conflict in the Federal Republic
of Yugoslavia in the spring of 1999.
(b) Duties of Task Force.--The task force shall assess and
develop recommendations as to the appropriate capabilities, if
any, that the Armed Forces should have to broadcast radio and
television into a region in time of military conflict so as to
ensure that the general public in that region is exposed to the
facts of the conflict. In making that assessment and developing
those recommendations, the task force shall review the
following:
(1) The capabilities of the Armed Forces to develop
programming and to make broadcasts that can reach a
large segment of the general public in a country such
as the Federal Republic of Yugoslavia.
(2) The potential of various Department of Defense
airborne or land-based mechanisms to have capabilities
described in paragraph (1), including improvements to
the EC-130 Commando Solo aircraft and the use of other
airborne platforms, unmanned aerial vehicles, and land-
based transmitters in conjunction with satellites.
(3) Other issues relating to the use of television
and radio as a propaganda instrument in time of
conflict.
(c) Report.--The task force shall submit to the Secretary
of Defense a report containing its assessments and
recommendations under subsection (b) not later than February 1,
2000. The Secretary shall submit the report, together with the
comments and recommendations of the Secretary, to the
congressional defense committees not later than March 1, 2000.
SEC. 1062. ASSESSMENT OF ELECTROMAGNETIC SPECTRUM REALLOCATION.
(a) Assessment Required.--Part C of the National
Telecommunications and Information Administration Organization
Act is amended by adding after section 155 the following new
section:
``SEC. 156. ASSESSMENT OF ELECTROMAGNETIC SPECTRUM REALLOCATION.
``(a) Review and Assessment of Electromagnetic Spectrum
Reallocation.--
``(1) Review and assessment required.--The
Secretary of Commerce, acting through the Assistant
Secretary and in coordination with the Chairman of the
Federal Communications Commission, shall convene an
interagency review and assessment of--
``(A) the progress made in implementation
of national spectrum planning;
``(B) the reallocation of Federal
Government spectrum to non-Federal use, in
accordance with the amendments made by title VI
of the Omnibus Budget Reconciliation Act of
1993 (Public Law 103-66; 107 Stat. 379) and
title III of the Balanced Budget Act of 1997
(Public Law 105-33; 111 Stat.258); and
``(C) the implications for such
reallocations to the affected Federal executive
agencies.
``(2) Coordination.--The assessment shall be
conducted in coordination with affected Federal
executive agencies through the Interdepartmental Radio
Advisory Committee.
``(3) Cooperation and assistance.--Affected Federal
executive agencies shall cooperate with the Assistant
Secretary in the conduct of the review and assessment
and furnish the Assistant Secretary with such
information, support, and assistance, not inconsistent
with law, as the Assistant Secretary may consider
necessary in the performance of the review and
assessment.
``(4) Attention to particular subjects required.--
In the conduct of the review and assessment, particular
attention shall be given to--
``(A) the effect on critical military and
intelligence capabilities, civil space
programs, and other Federal Government systems
used to protect public safety of the
reallocated spectrum described in paragraph
(1)(B) of this subsection;
``(B) the anticipated impact on critical
military and intelligence capabilities, future
military and intelligence operational
requirements, national defense modernization
programs, and civil space programs, and other
Federal Government systems used to protect
public safety, of future potential
reallocations to non-Federal use of bands of
the electromagnetic spectrum that are currently
allocated for use by the Federal Government;
and
``(C) future spectrum requirements of
agencies in the Federal Government.
``(b) Submission of Report.--The Secretary of Commerce, in
coordination with the heads of the affected Federal executive
agencies, and the Chairman of the Federal Communications
Commission shall submit to the President, the Committee on
Armed Services and the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Armed
Services, the Committee on Commerce, and the Committee on
Science of the House of Representatives, not later than October
1, 2000, a report providing the results of the assessment
required by subsection (a).''.
(b) Surrender of Department of Defense Spectrum.--
(1) In general.--If, in order to make available for
other use a band of frequencies of which it is a
primary user, the Department of Defense is required to
surrender use of such band of frequencies, the
Department shall not surrender use of such band of
frequencies until--
(A) the National Telecommunications and
Information Administration, in consultation
with the Federal Communications Commission,
identifies and makes available to the
Department for its primary use, if necessary,
an alternative band or bands of frequencies as
a replacement for the band to be so
surrendered; and
(B) the Secretary of Commerce, the
Secretary of Defense, and the Chairman of the
Joint Chiefs of Staff jointly certify to the
Committee on Armed Services and the Committee
on Commerce, Science, and Transportation of the
Senate, and the Committee on Armed Services and
the Committee on Commerce of the House of
Representatives, that such alternative band or
bands provides comparable technical
characteristics to restore essential military
capability that will be lost as a result of the
band of frequencies to be so surrendered.
(2) Exception.--Paragraph (1) shall not apply to a band of
frequencies that has been identified for reallocation in
accordance with title VI of the Omnibus Budget Reconciliation
Act of 1993 (Public Law 103-66; 107 Stat. 379) and title III of
the Balanced Budget Act of 1997 (Public Law 105-33, 111 Stat.
258), other than a band of frequencies that is reclaimed
pursuant to subsection (c).
(c) Reassignment to Federal Government for Use by
Department of Defense of Certain Frequency Spectrum Recommended
for Reallocation.--(1) Notwithstanding any provision of the
National Telecommunications and Information Administration
Organization Act or the Balanced Budget Act of 1997, the
President shall reclaim for exclusive Federal Government use on
a primary basis by the Department of Defense--
(A) the bands of frequencies aggregating 3
megahertz located between 138 and 144 megahertz that
were recommended for reallocation in the second
reallocation report under section 113(a) of that Act;
and
(B) the band of frequency aggregating 5 megahertz
located between 1385 megahertz and 1390 megahertz,
inclusive, that was so recommended for reallocation.
(2) Section 113(b)(3)(A) of the National Telecommunications
and Information Administration Organization Act (47 U.S.C.
923(b)(3)(A)) is amended by striking ``20 megahertz'' and
inserting ``12 megahertz''.
SEC. 1063. EXTENSION AND REAUTHORIZATION OF DEFENSE PRODUCTION ACT OF
1950.
(a) Extension of Termination Date.--Section 717(a) of the
Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is
amended by striking ``September 30, 1999'' and inserting
``September 30, 2000''.
(b) Extension of Authorization.--Section 711(b) of such Act
(50 U.S.C. App. 2161(b)) is amended by striking ``the fiscal
years 1996, 1997, 1998, and 1999'' and inserting ``fiscal years
1996 through 2000''.
SEC. 1064. PERFORMANCE OF THREAT AND RISK ASSESSMENTS.
Section 1404 of the Defense Against Weapons of Mass
Destruction Act of 1998 (title XIV of Public Law 105-261; 50
U.S.C. 2301 note) is amended to read as follows:
``SEC. 1404. THREAT AND RISK ASSESSMENTS.
``(a) Threat and Risk Assessments.--Assistance to Federal,
State, and local agencies provided under the program under
section 1402 shall include the performance of assessments of
the threat and risk of terrorist employment of weapons of mass
destruction against cities and other local areas. Such
assessments shall be used by Federal, State, and local agencies
to determine the training and equipment requirements under this
program and shall be performed as a collaborative effort with
State and local agencies.
``(b) Conduct of Assessments.--The Department of Justice,
as lead Federal agency for domestic crisis management in
response to terrorism involving weapons of mass destruction,
shall--
``(1) conduct any threat and risk assessment
performed under subsection (a) in coordination with
appropriate Federal, State, and local agencies; and
``(2) develop procedures and guidance for conduct
of the threat and risk assessment in consultation with
officials from the intelligence community.''.
SEC. 1065. CHEMICAL AGENTS USED FOR DEFENSIVE TRAINING.
(a) Authority To Transfer Agents.--(1) The Secretary of
Defense may transfer to the Attorney General, in accordance
with the Chemical Weapons Convention, quantities of lethal
chemical agents required to support training at the Center for
Domestic Preparedness in Fort McClellan, Alabama. The quantity
of lethal chemical agents transferred under this section may
not exceed that required to support training for emergency
first-response personnel in addressing the health, safety, and
law enforcement concerns associated with potential terrorist
incidents that might involve the use of lethal chemical weapons
or agents, or other training designated by the Attorney
General.
(2) The Secretary of Defense, in coordination with the
Attorney General, shall determine the amount of lethal chemical
agents that shall be transferred under this section. Such
amount shall be transferred from quantities of lethal chemical
agents that are produced, acquired, or retained by the
Department of Defense.
(3) The Secretary of Defense may not transfer lethal
chemical agents under this section until--
(A) the Center referred to in paragraph (1) is
transferred from the Department of Defense to the
Department of Justice; and
(B) the Secretary determines that the Attorney
General is prepared to receive such agents.
(4) To carry out the training described in paragraph (1)
and other defensive training not prohibited by the Chemical
Weapons Convention, the Secretary of Defense may transport
lethal chemical agents from a Department of Defense facility in
one State to a Department of Justice or Department of Defense
facility in another State.
(5) Quantities of lethal chemical agents transferred under
this section shall meet all applicable requirements for
transportation, storage, treatment, and disposal of such agents
and for any resulting hazardous waste products.
(b) Annual Report.--The Secretary of Defense, in
consultation with Attorney General, shall report annually to
Congress regarding the disposition of lethal chemical agents
transferred under this section.
(c) Non-Interference With Treaty Obligations.--Nothing in
this section may be construed as interfering with United States
treaty obligations under the Chemical Weapons Convention.
(d) Chemical Weapons Convention Defined.--In this section,
the term ``Chemical Weapons Convention'' means the Convention
on the Prohibition of the Development, Production, Stockpiling
and Use of Chemical Weapons and on Their Destruction, opened
for signature on January 13, 1993.
SEC. 1066. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) Section 136(a) is amended by inserting ``advice
and'' after ``by and with the''.
(2) Section 180(d) is amended by striking ``grade
GS-18 of the General Schedule under section 5332 of
title 5'' and inserting ``Executive Schedule Level IV
under section 5376 of title 5''.
(3) Section 192(d) is amended by striking ``the
date of the enactment of this subsection'' and
inserting ``October 17, 1998''.
(4) Section 374(b) is amended--
(A) in paragraph (1), by aligning
subparagraphs (C) and (D) with subparagraphs
(A) and (B); and
(B) in paragraph (2)(F), by striking the
second semicolon at the end of clause (i).
(5) Section 664(i)(2)(A) is amended by striking
``the date of the enactment of this subsection'' and
inserting ``February 10, 1996''.
(6) Section 977(d)(2) is amended by striking ``the
lesser of'' and all that follows through ``(B)''.
(7) Section 1073 is amended by inserting ``(42
U.S.C. 14401 et seq.)'' before the period at the end of
the second sentence.
(8) Section 1076a(j)(2) is amended by striking ``1
year'' and inserting ``one year''.
(9) Section 1370(d) is amended--
(A) in paragraph (1), by striking ``chapter
1225'' and inserting ``chapter 1223''; and
(B) in paragraph (5), by striking ``the
date of the enactment of this paragraph'' and
inserting ``October 17, 1998,''.
(10) Section 1401a(b)(2) is amended--
(A) by striking ``members'' and all that
follows through ``The Secretary shall'' and
inserting ``members.--The Secretary shall'';
(B) by striking subparagraphs (B) and (C);
and
(C) by redesignating clauses (i) and (ii)
as subparagraphs (A) and (B) and realigning
those subparagraphs, as so redesignated, so as
to be indented four ems from the left margin.
(11) Section 1406(i)(2) is amended by striking ``on
or after the date of the enactment of the Strom
Thurmond National Defense Authorization Act for Fiscal
Year 1999'' and inserting ``after October 16, 1998''.
(12) Section 1448(b)(3)(E)(ii) is amended by
striking ``on or after the date of the enactment of the
subparagraph'' and inserting ``after October 16,
1998,''.
(13) Section 1501(d) is amended by striking
``prescribed'' in the first sentence and inserting
``described''.
(14) Section 1509(a)(2) is amended by striking
``the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1998'' in
subparagraphs (A) and (B) and inserting ``November 18,
1997,''.
(15) Section 1513(1) is amended by striking ``,
under the circumstances specified in the last sentence
of section 1509(a) of this title'' and inserting ``who
is required by section 1509(a)(1) of this title to be
considered a missing person''.
(16) Section 2208(l)(2)(A) is amended by inserting
``of'' after ``during a period''.
(17) Section 2212(f) is amended--
(A) in paragraphs (2) and (3), by striking
``after the date of the enactment of this
section'' and inserting ``after October 17,
1998,''; and
(B) in paragraphs (2), (3) and (4), by
striking ``as of the date of the enactment of
this section'' and inserting ``as of October
17, 1998''.
(18) Section 2302c(b) is amended by striking
``section 2303'' and inserting ``section 2303(a)''.
(19) Section 2325(a)(1) is amended by inserting
``that occurs after November 18, 1997,'' after ``of the
contractor'' in the matter that precedes subparagraph
(A).
(20) Section 2469a(c)(3) is amended by striking
``the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1998'' and inserting
``November 18, 1997''.
(21) Section 2486(c) is amended by striking ``the
date of the enactment of the National Defense
Authorization Act for Fiscal Year 1998,'' in the second
sentence and inserting ``November 18, 1997,''.
(22) Section 2492(b) is amended by striking ``the
date of the enactment of this section'' and inserting
``October 17, 1998''.
(23) Section 2539b(a) is amended by striking
``secretaries of the military departments'' and
inserting ``Secretaries of the military departments''.
(24) Section 2641a is amended--
(A) by striking ``, United States Code,''
in subsection (b)(2); and
(B) by striking subsection (d).
(25) Section 2692(b) is amended--
(A) by striking ``apply to--'' in the
matter preceding paragraph (1) and inserting
``apply to the following:'';
(B) by striking ``the'' at the beginning of
each of paragraphs (1) through (11) and
inserting ``The'';
(C) by striking the semicolon at the end of
each of paragraphs (1) through (9) and
inserting a period; and
(D) by striking ``; and'' at the end of
paragraph (10) and inserting a period.
(26) Section 2696 is amended--
(A) in subsection (a), by inserting
``enacted after December 31, 1997,'' after
``any provision of law'';
(B) in subsection (b)(1), by striking
``required by paragraph (1)'' and inserting
``referred to in subsection (a)''; and
(C) in subsection (e)(4), by striking ``the
date of enactment of the National Defense
Authorization Act for Fiscal Year 1998'' and
inserting ``November 18, 1997''.
(27) Section 2703(c) is amended by striking
``United States Code,''.
(28) Section 2837(d)(2) is amended--
(A) by inserting ``and'' at the end of
subparagraph (A);
(B) by striking ``; and'' at the end of
subparagraph (B) and inserting a period; and
(C) by striking subparagraph (C).
(29) Section 7315(d)(2) is amended by striking
``the date of the enactment of the National Defense
Authorization Act for Fiscal Year 1998'' and inserting
``November 18, 1997,''.
(30) Section 7902(e)(5) is amended by striking ``,
United States Code,''.
(31) The item relating to section 12003 in the
table of sections at the beginning of chapter 1201 is
amended by inserting ``in an'' after ``officers''.
(32) Section 14301(g) is amended by striking ``1
year'' both places it appears and inserting ``one
year''.
(33) Section 16131(b)(1) is amended by inserting
``in'' after ``Except as provided''
(b) Public Law 105-261.--Effective as of October 17, 1998,
and as if included therein as enacted, the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105-261; 112 Stat. 1920 et seq.) is amended as follows:
(1) Section 402(b) (112 Stat. 1996) is amended by
striking the third comma in the first quoted matter and
inserting a period.
(2) Section 511(b)(2) (112 Stat. 2007) is amended
by striking ``section 1411'' and inserting ``section
1402''.
(3) Section 513(a) (112 Stat. 2007) is amended by
striking ``section 511'' and inserting ``section
512(a)''.
(4) Section 525(b) (112 Stat. 2014) is amended by
striking ``subsection (i)'' and inserting ``subsection
(j)''.
(5) Section 568 (112 Stat. 2031) is amended by
striking ``1295(c)'' in the matter preceding paragraph
(1) and inserting ``1295b(c)''.
(6) Section 722(c) (112 Stat. 2067) is amended--
(A) by striking ``(1)'' before ``An
individual is eligible'';
(B) by redesignating subparagraphs (A),
(B), (C), and (D) as paragraphs (1), (2), (3),
and (4), respectively; and
(C) in paragraph (4), as so redesignated,
by striking ``subsection (c)'' and inserting
``subsection (d)''.
(c) Public Law 105-85.--The National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85) is amended as
follows:
(1) Section 557(b) (111 Stat. 1750) is amended by
inserting ``to'' after ``with respect''.
(2) Section 563(b) (111 Stat. 1754) is amended by
striking ``title'' and inserting ``subtitle''.
(3) Section 644(d)(2) (111 Stat. 1801) is amended
by striking ``paragraphs (3) and (4)'' and inserting
``paragraphs (7) and (8)''.
(4) Section 934(b) (111 Stat. 1866) is amended by
striking ``of'' after ``matters concerning''.
(d) Other Laws.--
(1) Effective as of April 1, 1996, section 647(b)
of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 370) is
amended by inserting ``of such title'' after ``Section
1968(a)''.
(2) Section 414 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 10 U.S.C. 12001 note) is amended--
(A) by striking ``pilot'' in subsection
(a), ``Pilot'' in the heading of subsection
(a), and ``pilot'' in the section heading; and
(B) in subsection (c)(1)--
(i) by striking ``2,000'' in the
first sentence and inserting ``5,000'';
and
(ii) by striking the second
sentence.
(3) Sections 8334(c) and 8422(a)(3) of title 5,
United States Code, are each amended in the item for
nuclear materials couriers--
(A) by striking ``to the day before the
date of the enactment of the Strom Thurmond
National Defense Authorization Act for Fiscal
Year 1999'' and inserting ``to October 16,
1998''; and
(B) by striking ``The date of the enactment
of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999'' and
inserting ``October 17, 1998''.
(4) Section 113(b)(2) of title 32, United States
Code, is amended by striking ``the date of the
enactment of this subsection'' and inserting ``October
17, 1998''.
(5) Section 1007(b) of title 37, United States
Code, is amended by striking the second sentence.
(6) Section 845(b)(1) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 10 U.S.C. 2371 note) is amended by striking
``(e)(2) and (e)(3) of such section 2371'' and
inserting ``(e)(1)(B) and (e)(2) of such section
2371''.
(e) Coordination With Other Amendments.--For purposes of
applying amendments made by provisions of this Act other than
provisions of this section, this section shall be treated as
having been enacted immediately before the other provisions of
this Act.
SEC. 1067. AMENDMENTS TO REFLECT NAME CHANGE OF COMMITTEE ON NATIONAL
SECURITY OF THE HOUSE OF REPRESENTATIVES TO
COMMITTEE ON ARMED SERVICES.
The following provisions of law are amended by striking
``Committee on National Security'' each place it appears and
inserting ``Committee on Armed Services'':
(1) Title 10, United States Code.
(2) Sections 301b(i)(2) and 431(d)(2) of title 37,
United States Code.
(3) The following provisions of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261): section 3, section 344(c)(3) (10
U.S.C. 113 note), section 571(f) (10 U.S.C. 520 note),
section 722(b)(3)(A) (10 U.S.C. 1073 note), section
723(d) (10 U.S.C. 1073 note), section 724 (10 U.S.C.
1108 note), section 733(b)(3) (10 U.S.C. 1091 note),
section 741(c) (10 U.S.C. 1109 note), section 745(h)
(10 U.S.C. 1071 note), 803(c)(4) (10 U.S.C. 2306a
note), section 914, section 1007(f)(1), section
1101(g)(1) (5 U.S.C. 3104 note), section 1223(a) (22
U.S.C. 1928 note), section 1502(a) (22 U.S.C. 2593a
note), section 3124(d), section 3158(c) (42 U.S.C. 2121
note), section 3159(d) (42 U.S.C. 2121 note), and
section 3161(d)(2) (50 U.S.C. 435 note).
(4) The following provisions of the National
Defense Authorization Act for Fiscal Year 1998 (Public
Law 105-85): section 3, section 349(g) (10 U.S.C. 2702
note), section 849(b) (10 U.S.C. 1731 note), section
1033(f)(4), section 1078(d) (50 U.S.C. 1520a), section
1215(2), section 3124(d), and section 3140(a).
(5) The following provisions of the National
Defense Authorization Act for Fiscal Year 1997 (Public
Law 104-201): section 3, section 121(e)(1), section
270(a) (10 U.S.C. 2501 note), section 326(c), section
333(c), section 552(a), section 1042(a) (10 U.S.C. 113
note), section 1053(d), section 2827(b)(3), and section
3124(c).
(6) The following provisions of the National
Defense Authorization Act for Fiscal Year 1996 (Public
Law 104-106): section 3, section 131, section 234(f),
section 279(b), section 373(a), section 807(c) (10
U.S.C. 2401a note), section 822(e) (10 U.S.C. 2302
note), section 1011(d)(2), section 1205(a)(2) (22
U.S.C. 5955 note), section 3124(c), and section 3411
(10 U.S.C. 7420 note).
(7) Section 2922(b) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 10 U.S.C. 2687 note).
(8) Sections 326(a)(5) (10 U.S.C. 2302 note) and
1505(e)(2)(B) (22 U.S.C. 5859a) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102-
484).
(9) Section 1097(a)(1) of the National Defense
Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 22 U.S.C. 2751 note).
(10) The following provisions of the National
Defense Authorization Act for Fiscal Year 1991 (Public
Law 101-510): section 1403(d)(2) (50 U.S.C.
404b(d)(2)), section 1457(d)(2) (50 U.S.C. 404c(d)(2)),
section 2910(2) (10 U.S.C. 2687 note), and subsections
(e)(3)(A) and (f)(2) of section 2921 (10 U.S.C. 2687
note).
(11) Subsections (b)(4) and (k)(2) of section 1412
of the Department of Defense Authorization Act, 1986
(Public Law 99-145; 50 U.S.C. 1521).
(12) Section 1002(d) of the Department of Defense
Authorization Act, 1985 (Public Law 98-525; 22 U.S.C.
1928 note).
(13) Sections 6(d)(1) and 7(b) of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C.
98e(d)(1), 98f(b)).
(14) Section 8125(g)(2) of the Department of
Defense Appropriations Act, 1989 (Public Law 100-463;
10 U.S.C. 113 note).
(15) Section 7606(b) of the Anti-Drug Abuse Act of
1988 (Public Law 100-690; 10 U.S.C. 9441 note).
(16) Sections 104(d)(5) and 109(c)(2) of the
National Security Act of 1947 (50 U.S.C. 403-4(d)(5),
404d(c)(2)).
(17) Sections 8(b)(3) and 8(f)(1) of the Inspector
General Act of 1978 (5 U.S.C. App.).
(18) Section 204(h)(3) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C.
485(h)(3)).
(19) Section 101(f)(3)(A) of the Sikes Act (16
U.S.C. 670a(f)(3)(A)).
(20) Section 103(c) of the High-Performance
Computing Act of 1991 (15 U.S.C. 5513(c)).
(21) Section 205(b)(1) of the Commercial Space Act
of 1998 (Public Law 105-303; 42 U.S.C. 14734(b)(1)).
(22) Section 506(c) of the Intelligence
Authorization Act for Fiscal Year 1996 (Public Law 104-
93; 109 Stat. 974).
(23) Section 2(f) of the Wildfire Suppression
Aircraft Transfer Act of 1996 (Public Law 104-307; 10
U.S.C. 2576 note).
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Accelerated implementation of voluntary early retirement
authority.
Sec. 1102. Increase of pay cap for nonappropriated fund senior executive
employees.
Sec. 1103. Restoration of leave of emergency essential employees serving
in a combat zone.
Sec. 1104. Extension of certain temporary authorities to provide
benefits for employees in connection with defense workforce
reductions and restructuring.
Sec. 1105. Leave without loss of benefits for military reserve
technicians on active duty in support of combat operations.
Sec. 1106. Expansion of Guard-and-Reserve purposes for which leave under
section 6323 of title 5, United States Code, may be used.
Sec. 1107. Work schedules and premium pay of service academy faculty.
Sec. 1108. Salary schedules and related benefits for faculty and staff
of the Uniformed Services University of the Health Sciences.
Sec. 1109. Exemption of defense laboratory employees from certain
workforce management restrictions.
SEC. 1101. ACCELERATED IMPLEMENTATION OF VOLUNTARY EARLY RETIREMENT
AUTHORITY.
Section 1109(d)(1) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
Stat. 2145; 5 U.S.C. 8336 note) is amended by striking
``October 1, 2000'' and inserting ``October 1, 1999''.
SEC. 1102. INCREASE OF PAY CAP FOR NONAPPROPRIATED FUND SENIOR
EXECUTIVE EMPLOYEES.
Section 5373 of title 5, United States Code, is amended--
(1) in the first sentence, by striking ``Except as
provided'' and inserting ``(a) Except as provided in
subsection (b) and''; and
(2) by adding at the end the following new
subsection:
``(b) Subsection (a) shall not affect the authority of the
Secretary of Defense or the Secretary of a military department
to fix the pay of a civilian employee paid from nonappropriated
funds, except that the annual rate of basic pay (including any
portion of such pay attributable to comparability with private-
sector pay in a locality) of such an employee may not be fixed
at a rate greater than the rate for level III of the Executive
Schedule.''.
SEC. 1103. RESTORATION OF LEAVE OF EMERGENCY ESSENTIAL EMPLOYEES
SERVING IN A COMBAT ZONE.
(a) Service in a Combat Zone as Exigency of the Public
Business.--Section 6304(d) of title 5, United States Code, is
amended by adding at the end the following:
``(4)(A) For the purpose of this subsection, service of a
Department of Defense emergency essential employee in a combat
zone is an exigency of the public business for that employee.
Any leave that, by reason of such service, is lost by the
employee by operation of this section (regardless of whether
such leave was scheduled) shall be restored to the employee and
shall be credited and available in accordance with paragraph
(2).
``(B) As used in subparagraph (A)--
``(i) the term `Department of Defense emergency
essential employee' means an employee of the Department
of Defense who is designated under section 1580 of
title 10 as an emergency essential employee; and
``(ii) the term `combat zone' has the meaning given
such term in section 112(c)(2) of the Internal Revenue
Code of 1986.''.
(b) Designation of Emergency Essential Employees.--(1)
Chapter 81 of title 10, United States Code, is amended by
inserting after the table of sections at the beginning of such
chapter the following new section 1580:
``Sec. 1580. Emergency essential employees: designation
``(a) Criteria for Designation.--The Secretary of Defense
or the Secretary of the military department concerned may
designate as an emergency essential employee any employee of
the Department of Defense, whether permanent or temporary, the
duties of whose position meet all of the following criteria:
``(1) It is the duty of the employee to provide
immediate and continuing support for combat operations
or to support maintenance and repair of combat
essential systems of the armed forces.
``(2) It is necessary for the employee to perform
that duty in a combat zone after the evacuation of
nonessential personnel, including any dependents of
members of the armed forces, from the zone in
connection with a war, a national emergency declared by
Congress or the President, or the commencement of
combat operations of the armed forces in the zone.
``(3) It is impracticable to convert the employee's
position to a position authorized to be filled by a
member of the armed forces because of a necessity for
that duty to be performed without interruption.
``(b) Eligibility of Employees of Nonappropriated Fund
Instrumentalities.--A nonappropriated fund instrumentality
employee is eligible for designation as an emergency essential
employee under subsection (a).
``(c) Definitions.--In this section:
``(1) The term `combat zone' has the meaning given
that term in section 112(c)(2) of the Internal Revenue
Code of 1986.
``(2) The term `nonappropriated fund
instrumentality employee' has the meaning given that
term in section 1587(a)(1) of this title.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting before the item relating to section
1581 the following:
``1580. Emergency essential employees: designation.''.
SEC. 1104. EXTENSION OF CERTAIN TEMPORARY AUTHORITIES TO PROVIDE
BENEFITS FOR EMPLOYEES IN CONNECTION WITH DEFENSE
WORKFORCE REDUCTIONS AND RESTRUCTURING.
(a) Lump-Sum Payment of Severance Pay.--Section 5595(i)(4)
of title 5, United States Code, is amended by striking ``the
date of the enactment of the National Defense Authorization Act
for Fiscal Year 1996 and before October 1, 1999'' and inserting
``February 10, 1996, and before October 1, 2003''.
(b) Voluntary Separation Incentive.--Section 5597(e) of
such title is amended by striking ``September 30, 2001'' and
inserting ``September 30, 2003''.
(c) Continuation of FEHBP Eligibility.--Section
8905a(d)(4)(B) of such title is amended by striking clauses (i)
and (ii) and inserting the following:
``(i) October 1, 2003; or
``(ii) February 1, 2004, if specific notice of such
separation was given to such individual before October
1, 2003.''.
SEC. 1105. LEAVE WITHOUT LOSS OF BENEFITS FOR MILITARY RESERVE
TECHNICIANS ON ACTIVE DUTY IN SUPPORT OF COMBAT
OPERATIONS.
(a) Elimination of Restriction to Situations Involving
Noncombat Operations.--Section 6323(d)(1) of title 5, United
States Code, is amended by striking ``noncombat''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act and
shall apply with respect to days of leave under section
6323(d)(1) of title 5, United States Code, on or after that
date.
SEC. 1106. EXPANSION OF GUARD-AND-RESERVE PURPOSES FOR WHICH LEAVE
UNDER SECTION 6323 OF TITLE 5, UNITED STATES CODE,
MAY BE USED.
(a) In General.--Section 6323(a)(1) of title 5, United
States Code, is amended in the first sentence by inserting ``,
inactive-duty training (as defined in section 101 of title
37),'' after ``active duty''.
(b) Applicability.--The amendment made by subsection (a)
shall not apply with respect to any inactive-duty training (as
defined in such amendment) occurring before the date of the
enactment of this Act.
SEC. 1107. WORK SCHEDULES AND PREMIUM PAY OF SERVICE ACADEMY FACULTY.
(a) United States Military Academy.--Section 4338 of title
10, United States Code, is amended by adding at the end the
following new subsection (c):
``(c) The Secretary of the Army may, notwithstanding the
provisions of subchapter V of chapter 55 of title 5 or section
6101 of such title, prescribe for persons employed under this
section the following:
``(1) The work schedule, including hours of work
and tours of duty, set forth with such specificity and
other characteristics as the Secretary determines
appropriate.
``(2) Any premium pay or compensatory time off for
hours of work or tours of duty in excess of the
regularly scheduled hours or tours of duty.''.
(b) United States Naval Academy.--Section 6952 of title 10,
United States Code, is amended by--
(1) redesignating subsection (c) as subsection (d);
and
(2) inserting after subsection (b) the following
new subsection (c):
``(c) The Secretary of the Navy may, notwithstanding the
provisions of subchapter V of chapter 55 of title 5 or section
6101 of such title, prescribe for persons employed under this
section the following:
``(1) The work schedule, including hours of work
and tours of duty, set forth with such specificity and
other characteristics as the Secretary determines
appropriate.
``(2) Any premium pay or compensatory time off for
hours of work or tours of duty in excess of the
regularly scheduled hours or tours of duty.''.
(c) United States Air Force Academy.--Section 9338 of title
10, United States Code, is amended by adding at the end the
following new subsection (c):
``(c) The Secretary of the Air Force may, notwithstanding
the provisions of subchapter V of chapter 55 of title 5 or
section 6101 of such title, prescribe for persons employed
under this section the following:
``(1) The work schedule, including hours of work
and tours of duty, set forth with such specificity and
other characteristics as the Secretary determines
appropriate.
``(2) Any premium pay or compensatory time off for
hours of work or tours of duty in excess of the
regularly scheduled hours or tours of duty.''.
SEC. 1108. SALARY SCHEDULES AND RELATED BENEFITS FOR FACULTY AND STAFF
OF THE UNIFORMED SERVICES UNIVERSITY OF THE HEALTH
SCIENCES.
Section 2113(f) of title 10, United States Code, is amended
by adding at the end the following:
``(3) The limitations in section 5373 of title 5 do not
apply to the authority of the Secretary under paragraph (1) to
prescribe salary schedules and other related benefits.''.
SEC. 1109. EXEMPTION OF DEFENSE LABORATORY EMPLOYEES FROM CERTAIN
WORKFORCE MANAGEMENT RESTRICTIONS.
Section 342(b) of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2721) is
amended by adding at the end the following new paragraph:
``(4) The employees of a laboratory covered by a personnel
demonstration project carried out under this section shall be
exempt from, and may not be counted for the purposes of, any
constraint or limitation in a statute or regulation in terms of
supervisory ratios or maximum number of employees in any
specific category or categories of employment that may
otherwise be applicable to the employees. The employees shall
be managed by the director of the laboratory subject to the
supervision of the Under Secretary of Defense for Acquisition,
Technology, and Logistics.''.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Matters Relating to the People's Republic of China
Sec. 1201. Limitation on military-to-military exchanges and contacts
with Chinese People's Liberation Army.
Sec. 1202. Annual report on military power of the People's Republic of
China.
Subtitle B--Matters Relating to the Balkans
Sec. 1211. Department of Defense report on the conduct of Operation
Allied Force and associated relief operations.
Sec. 1212. Sense of Congress regarding the need for vigorous prosecution
of war crimes, genocide, and crimes against humanity in the
former Republic of Yugoslavia.
Subtitle C--Matters Relating to NATO and Other Allies
Sec. 1221. Legal effect of the new strategic concept of NATO.
Sec. 1222. Report on allied capabilities to contribute to major theater
wars.
Sec. 1223. Attendance at professional military education schools by
military personnel of the new member nations of NATO.
Subtitle D--Other Matters
Sec. 1231. Multinational economic embargoes against governments in armed
conflict with the United States.
Sec. 1232. Limitation on deployment of Armed Forces in Haiti during
fiscal year 2000 and congressional notice of deployments to
Haiti.
Sec. 1233. Report on the security situation on the Korean peninsula.
Sec. 1234. Sense of Congress regarding the continuation of sanctions
against Libya.
Sec. 1235. Sense of Congress and report on disengaging from noncritical
overseas missions involving United States combat forces.
Subtitle A--Matters Relating to the People's Republic of China
SEC. 1201. LIMITATION ON MILITARY-TO-MILITARY EXCHANGES AND CONTACTS
WITH CHINESE PEOPLE'S LIBERATION ARMY.
(a) Limitation.--The Secretary of Defense may not authorize
any military-to-military exchange or contact described in
subsection (b) to be conducted by the armed forces with
representatives of the People's Liberation Army of the People's
Republic of China if that exchange or contact would create a
national security risk due to an inappropriate exposure
specified in subsection (b).
(b) Covered Exchanges and Contacts.--Subsection (a) applies
to any military-to-military exchange or contact that includes
inappropriate exposure to any of the following:
(1) Force projection operations.
(2) Nuclear operations.
(3) Advanced combined-arms and joint combat
operations.
(4) Advanced logistical operations.
(5) Chemical and biological defense and other
capabilities related to weapons of mass destruction.
(6) Surveillance and reconnaissance operations.
(7) Joint warfighting experiments and other
activities related to a transformation in warfare.
(8) Military space operations.
(9) Other advanced capabilities of the Armed
Forces.
(10) Arms sales or military-related technology
transfers.
(11) Release of classified or restricted
information.
(12) Access to a Department of Defense laboratory.
(c) Exceptions.--Subsection (a) does not apply to any
search-and-rescue or humanitarian operation or exercise.
(d) Annual Certification by Secretary.--The Secretary of
Defense shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives, not later than December 31 each year, a
certification in writing as to whether or not any military-to-
military exchange or contact during that calendar year was
conducted in violation of subsection (a).
(e) Annual Report.--Not later than March 31 each year
beginning in 2001, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report
providing the Secretary's assessment of the current state of
military-to-military exchanges and contacts with the People's
Liberation Army. The report shall include the following:
(1) A summary of all such military-to-military
contacts during the period since the last such report,
including a summary of topics discussed and questions
asked by the Chinese participants in those contacts.
(2) A description of the military-to-military
exchanges and contacts scheduled for the next 12-month
period and a plan for future contacts and exchanges.
(3) The Secretary's assessment of the benefits the
Chinese expect to gain from those military-to-military
exchanges and contacts.
(4) The Secretary's assessment of the benefits the
Department of Defense expects to gain from those
military-to-military exchanges and contacts.
(5) The Secretary's assessment of how military-to-
military exchanges and contacts with the People's
Liberation Army fit into the larger security
relationship between the United States and the People's
Republic of China.
(f) Report of Past Military-to-Military Exchanges and
Contacts With the PRC.--Not later than March 31, 2000, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report on past military-to-
military exchanges and contacts between the United States and
the People's Republic of China. The report shall be
unclassified, but may contain a classified annex, and shall
include the following:
(1) A list of the general and flag grade officers
of the People's Liberation Army who have visited United
States military installations since January 1, 1993.
(2) The itinerary of the visits referred to in
paragraph (2), including the installations visited, the
duration of the visits, and the activities conducted
during the visits.
(3) The involvement, if any, of the general and
flag officers referred to in paragraph (1) in the
Tiananmen Square massacre of June 1989.
(4) A list of the facilities in the People's
Republic of China that United States military officers
have visited as a result of any military-to-military
exchange or contact program between the United States
and the People's Republic of China since January 1,
1993.
(5) A list of facilities in the People's Republic
of China that have been the subject of a requested
visit by the Department of Defense that has been denied
by People's Republic of China authorities.
(6) A list of facilities in the United States that
have been the subject of a requested visit by the
People's Liberation Army that has been denied by the
United States.
(7) Any official documentation (such as memoranda
for the record, after-action reports, and final
itineraries) and all receipts for expenses over $1,000,
concerning military-to-military exchanges or contacts
between the United States and the People's Republic of
China in 1999.
(8) A description of military-to-military exchanges
or contacts between the United States and the People's
Republic of China scheduled for 2000.
(9) An assessment regarding whether or not any
People's Republic of China military officials have been
shown classified material as a result of military-to-
military exchanges or contacts between the United
States and the People's Republic of China.
SEC. 1202. ANNUAL REPORT ON MILITARY POWER OF THE PEOPLE'S REPUBLIC OF
CHINA.
(a) Annual Report.--Not later than March 1 each year, the
Secretary of Defense shall submit to the specified
congressional committees a report, in both classified and
unclassified form, on the current and future military strategy
of the People's Republic of China. The report shall address the
current and probable future course of military-technological
development on the People's Liberation Army and the tenets and
probable development of Chinese grand strategy, security
strategy, and military strategy, and of military organizations
and operational concepts, through the next 20 years.
(b) Matters To Be Included.--Each report under this section
shall include analyses and forecasts of the following:
(1) The goals of Chinese grand strategy, security
strategy, and military strategy.
(2) Trends in Chinese strategy that would be
designed to establish the People's Republic of China as
the leading political power in the Asia-Pacific region
and as a political and military presence in other
regions of the world.
(3) The security situation in the Taiwan Strait.
(4) Chinese strategy regarding Taiwan.
(5) The size, location, and capabilities of Chinese
strategic, land, sea, and air forces, including
detailed analysis of those forces facing Taiwan.
(6) Developments in Chinese military doctrine,
focusing on (but not limited to) efforts to exploit a
transformation in military affairs or to conduct
preemptive strikes.
(7) Efforts, including technology transfers and
espionage, by the People's Republic of China to
develop, acquire, or gain access to information,
communication, space and other advanced technologies
that would enhance military capabilities.
(8) An assessment of any challenges during the
preceding year to the deterrent forces of the Republic
of China on Taiwan, consistent with the commitments
made by the United States in the Taiwan Relations Act
(Public Law 96-8).
(c) Specified Congressional Committees.--For purposes of
this section, the term ``specified congressional committees''
means the following:
(1) The Committee on Armed Services and the
Committee on Foreign Relations of the Senate.
(2) The Committee on Armed Services and the
Committee on International Relations of the House of
Representatives.
Subtitle B--Matters Relating to the Balkans
SEC. 1211. DEPARTMENT OF DEFENSE REPORT ON THE CONDUCT OF OPERATION
ALLIED FORCE AND ASSOCIATED RELIEF OPERATIONS.
(a) Report Required.--(1) Not later than January 31, 2000,
the Secretary of Defense shall submit to the congressional
defense committees a report on the conduct of military
operations conducted as part of Operation Allied Force and
relief operations associated with that operation. The Secretary
shall submit to those committees a preliminary report on the
conduct of those operations not later than October 15, 1999.
The report (including the preliminary report) shall be prepared
in consultation with the Chairman of the Joint Chiefs of Staff
and the Commander in Chief, United States European Command.
(2) In this section, the term ``Operation Allied Force''
means operations of the North Atlantic Treaty Organization
(NATO) conducted against the Federal Republic of Yugoslavia
(Serbia and Montenegro) during the period beginning on March
24, 1999, and ending with the suspension of bombing operations
on June 10, 1999, to resolve the conflict with respect to
Kosovo.
(b) Discussion of Accomplishments and Shortcomings.--The
report (and the preliminary report, to the extent feasible)
shall contain a discussion, with a particular emphasis on
accomplishments and shortcomings, of the following matters:
(1) The national security interests of the United
States that were threatened by the deteriorating
political and military situation in the Province of
Kosovo, Republic of Serbia, in the country of the
Federal Republic of Yugoslavia (Serbia and Montenegro).
(2) The factors leading to the decision by the
United States and NATO to issue an ultimatum in October
1998 that force would be used against the Federal
Republic of Yugoslavia unless certain conditions were
met, and the planning of a military operation to
execute that ultimatum.
(3) The political and military objectives of the
United States and NATO in the conflict with the Federal
Republic of Yugoslavia.
(4) The military strategy of the United States and
NATO to achieve those political and military
objectives.
(5) An analysis of the decisionmaking process of
NATO and the effect of that decisionmaking process on
the conduct of military operations.
(6) An analysis of the decision not to include a
ground component in Operation Allied Force (to include
a detailed explanation of the political and military
factors involved in that decision) and the effect of
that decision on the conduct of military operations.
(7) The deployment of United States forces and the
transportation of supplies to the theater of
operations, including an assessment of airlift and
sealift, with a specific assessment of the deployment
of Task Force Hawk.
(8) The conduct of military operations, including a
specific assessment of each of the following:
(A) The effects of the graduated,
incremental pace of the military operations.
(B) The process for identifying,
nominating, selecting and verifying targets to
be attacked during Operation Allied Force,
including an analysis of the factors leading to
the bombing of the Embassy of the People's
Republic of China in Belgrade.
(C) The loss of aircraft and the accuracy
of bombing operations.
(D) The decoy and deception operations and
counter-intelligence techniques used by the
Yugoslav military.
(E) The use of high-demand, low-density
assets in Operation Allied Force in terms of
inventory, capabilities, deficiencies, and
ability to provide logistical support.
(F) A comparison of the military
capabilities of the United States and of the
allied participants in Operation Allied Force.
(G) Communications and operational security
of NATO forces.
(H) The effect of adverse weather on the
performance of weapons and supporting systems.
(I) The decision not to use in the air
campaign the Apache attack helicopters deployed
as part of Task Force Hawk.
(9) The conduct of relief operations by United
States and allied military forces and the effect of
those relief operations on military operations.
(10) The ability of the United States during
Operation Allied Force to conduct other operations
required by the national defense strategy, including an
analysis of the transfer of operational assets from
other United States unified commands to the European
Command for participation in Operation Allied Force and
the effect of those transfers on the readiness,
warfighting capability, and deterrence posture of those
commands.
(11) The use of special operations forces,
including operational and intelligence activities
classified under special access procedures.
(12) The effectiveness of intelligence,
surveillance, and reconnaissance support to operational
forces, including an assessment of battle damage
assessment of fixed and mobile targets prosecuted
during the air campaign, estimates of Yugoslav forces
and equipment in Kosovo, and information related to
Kosovar refugees and internally displaced persons.
(13) The use and performance of United States and
NATO military equipment, weapon systems, and munitions
(including items classified under special access
procedures) and an analysis of--
(A) any equipment or capabilities that were
in research and development and if available
could have been used in the theater of
operations;
(B) any equipment or capabilities that were
available and could have been used but were not
introduced into the theater of operations; and
(C) the compatibility of command, control,
and communications equipment and the ability of
United States aircraft to operate with aircraft
of other nations without degradation of
capabilities or protection of United States
forces.
(14) The scope of logistics support, including
support from other nations, with particular emphasis on
the availability and adequacy of foreign air bases.
(15) The role of contractors to provide support and
maintenance in the theater of operations.
(16) The acquisition policy actions taken to
support the forces in the theater of operations.
(17) The personnel management actions taken to
support the forces in the theater of operations.
(18) The effectiveness of reserve component forces,
including their use and performance in the theater of
operations.
(19) A legal analysis, including (A) the legal
basis for the decision by NATO to use force, and (B)
the role of the law of armed conflict in the planning
and execution of military operations by the United
States and the other NATO member nations.
(20) The cost to the Department of Defense of
Operation Allied Force and associated relief
operations, together with the Secretary's plan to
refurbish or replace ordnance and other military
equipment expended or destroyed during the operations.
(21) A description of the most critical lessons
learned that could lead to long-term doctrinal,
organizational, and technological changes.
(c) Classification of Report.--The Secretary of Defense
shall submit both the report and the preliminary report in a
classified form and an unclassified form.
SEC. 1212. SENSE OF CONGRESS REGARDING THE NEED FOR VIGOROUS
PROSECUTION OF WAR CRIMES, GENOCIDE, AND CRIMES
AGAINST HUMANITY IN THE FORMER REPUBLIC OF
YUGOSLAVIA.
(a) Findings.--Congress makes the following findings:
(1) The United Nations Security Council created the
International Criminal Tribunal for the former
Yugoslavia (in this section referred to as the
``ICTY'') by resolution on May 25, 1993.
(2) Although the ICTY has indicted 89 people since
its creation, those indictments have only resulted in
the trial and conviction of 8 criminals.
(3) The ICTY has jurisdiction to investigate grave
breaches of the 1949 Geneva Conventions (Article 2),
violations of the laws or customs of war (Article 3),
genocide (Article 4), and crimes against humanity
(Article 5).
(4) The Chief Prosecutor of the ICTY, Justice
Louise Arbour, stated on July 7, 1998, to the Contact
Group for the former Yugoslavia, that ``[t]he
Prosecutor believes that the nature and scale of the
fighting indicate that an `armed conflict', within the
meaning of international law, exists in Kosovo. As a
consequence, she intends to bring charges for crimes
against humanity or war crimes, if evidence of such
crimes is established''.
(5) Reports from Kosovar Albanian refugees provide
detailed accounts of systematic efforts to displace the
entire Muslim population of Kosovo.
(6) In furtherance of this plan, Serbian troops,
police, and paramilitary forces have engaged in
detention and summary execution of men of all ages,
wanton destruction of civilian housing, forcible
expulsions, mass executions in at least 60 villages and
towns, as well as widespread rape of women and young
girls.
(7) These reports of atrocities provide prima facie
evidence of war crimes and crimes against humanity, as
well as possible genocide.
(8) Any criminal investigation is best served by
the depositions and interviews of witnesses as soon
after the commission of the crime as possible.
(9) The indictment, arrest, and trial of war
criminals would provide a significant deterrent to
further atrocities.
(10) The ICTY has issued 14 international warrants
for war crimes suspects that have yet to be served,
despite knowledge of the suspects' whereabouts.
(11) Vigorous prosecution of war crimes after the
conflict in Bosnia may have prevented the ongoing
atrocities in Kosovo.
(12) Investigative reporters have identified
specific documentary evidence implicating the Serbian
leadership in the commission of war crimes.
(13) NATO forces and forensic teams deployed in
Kosovo have uncovered physical evidence of war crimes,
including mass graves.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States, in coordination with other
United Nations member states, should provide sufficient
resources for an expeditious and thorough investigation
of allegations of the atrocities and war crimes
committed in Kosovo;
(2) the United States, through its intelligence
services, should provide all possible cooperation in
the gathering of evidence of sufficient specificity and
credibility to secure the indictment of those
responsible for the commission of war crimes, crimes
against humanity, and genocide in the former
Yugoslavia;
(3) where evidence warrants, indictments for war
crimes, crimes against humanity, and genocide should be
issued against suspects regardless of their position
within the Serbian leadership;
(4) the United States and all nations have an
obligation to honor arrest warrants issued by the ICTY
and should use all appropriate means to apprehend and
bring to justice through the ICTY individuals who are
already under indictment;
(5) any final settlement regarding Kosovo should
not bar the indictment, apprehension, or prosecution of
persons accused of war crimes, crimes against humanity,
or genocide committed during operations in Kosovo; and
(6) President Slobodan Milosevic should be held
accountable for his actions while President of the
Federal Republic of Yugoslavia or President of the
Republic of Serbia in initiating four armed conflicts
and taking actions leading to the deaths of tens of
thousands of people and responsibility for murder,
rape, terrorism, destruction, and ethnic cleansing.
Subtitle C--Matters Relating to NATO and Other Allies
SEC. 1221. LEGAL EFFECT OF THE NEW STRATEGIC CONCEPT OF NATO.
(a) Certification Required.--Not later than 30 days after
the date of the enactment of this Act, the President shall
determine and certify to the Congress whether or not the new
Strategic Concept of NATO imposes any new commitment or
obligation on the United States.
(b) Sense of Congress.--It is the sense of Congress that,
if the President certifies under subsection (a) that the new
Strategic Concept of NATO imposes any new commitment or
obligation on the United States, the President should submit
the new Strategic Concept of NATO to the Senate as a treaty for
the Senate's advice and consent to ratification under article
II, section 2, clause 2 of the Constitution.
(c) Report.--Together with the certification made under
subsection (a), the President shall submit to the Congress a
report containing an analysis of the potential threats facing
the North Atlantic Treaty Organization in the first decade of
the next millennium, with particular reference to those threats
facing a member nation, or several member nations, where the
commitment of NATO forces will be ``out of area'' or beyond the
borders of NATO member nations.
(d) Definition.--For the purposes of this section, the term
``new Strategic Concept of NATO'' means the document approved
by the Heads of State and Government participating in the
meeting of the North Atlantic Council in Washington, DC, on
April 23 and 24, 1999.
SEC. 1222. REPORT ON ALLIED CAPABILITIES TO CONTRIBUTE TO MAJOR THEATER
WARS.
(a) Report.--The Secretary of Defense shall prepare a
report, in both classified and unclassified form, on the
current military capabilities of allied nations to contribute
to the successful conduct of the major theater wars as
anticipated in the Quadrennial Defense Review of 1997.
(b) Matters To Be Included.--The report shall set forth the
following:
(1) The identity, size, structure, and capabilities
of the armed forces of the allies expected to
participate in the major theater wars anticipated in
the Quadrennial Defense Review.
(2) The priority accorded in the national military
strategies and defense programs of the anticipated
allies to contributing forces to United States-led
coalitions in such major theater wars.
(3) The missions currently being conducted by the
armed forces of the anticipated allies and the ability
of the allied armed forces to conduct simultaneously
their current missions and those anticipated in the
event of major theater war.
(4) Any Department of Defense assumptions about the
ability of allied armed forces to deploy or redeploy
from their current missions in the event of a major
theater war, including any role United States Armed
Forces would play in assisting and sustaining such a
deployment or redeployment.
(5) Any Department of Defense assumptions about the
combat missions to be executed by such allied forces in
the event of major theater war.
(6) The readiness of allied armed forces to execute
any such missions.
(7) Any risks to the successful execution of the
military missions called for under the National
Military Strategy of the United States related to the
capabilities of allied armed forces.
(c) Submission of Report.--The report shall be submitted to
Congress not later than June 1, 2000.
SEC. 1223. ATTENDANCE AT PROFESSIONAL MILITARY EDUCATION SCHOOLS BY
MILITARY PERSONNEL OF THE NEW MEMBER NATIONS OF
NATO.
(a) Finding.--Congress finds that it is in the national
interest of the United States to fully integrate Poland,
Hungary, and the Czech Republic (the new member nations of the
North Atlantic Treaty Organization) into the NATO alliance as
quickly as possible.
(b) Military Education and Training Programs.--The
Secretary of each military department shall give due
consideration to according a high priority to the attendance of
military personnel of Poland, Hungary, and the Czech Republic
at professional military education schools and training
programs in the United States, including the United States
Military Academy, the United States Naval Academy, the United
States Air Force Academy, the National Defense University, the
war colleges of the Armed Forces, the command and general staff
officer courses of the Armed Forces, and other schools and
training programs of the Armed Forces that admit personnel of
foreign armed forces.
Subtitle D--Other Matters
SEC. 1231. MULTINATIONAL ECONOMIC EMBARGOES AGAINST GOVERNMENTS IN
ARMED CONFLICT WITH THE UNITED STATES.
(a) Policy on the Establishment of Embargoes.--It is the
policy of the United States, that upon the use of the Armed
Forces of the United States to engage in hostilities against
any foreign country, the President shall, as appropriate--
(1) seek the establishment of a multinational
economic embargo against such country; and
(2) seek the seizure of its foreign financial
assets.
(b) Reports to Congress.--Not later than 20 days after the
first day of the engagement of the United States in hostilities
described in subsection (a), the President shall, if the armed
conflict has continued for 14 days, submit to Congress a report
setting forth--
(1) the specific steps the United States has taken
and will continue to take to establish a multinational
economic embargo and to initiate financial asset
seizure pursuant to subsection (a); and
(2) any foreign sources of trade or revenue that
directly or indirectly support the ability of the
adversarial government to sustain a military conflict
against the United States.
SEC. 1232. LIMITATION ON DEPLOYMENT OF ARMED FORCES IN HAITI DURING
FISCAL YEAR 2000 AND CONGRESSIONAL NOTICE OF
DEPLOYMENTS TO HAITI.
(a) Limitation on Deployment.--No funds available to the
Department of Defense during fiscal year 2000 may be expended
after May 31, 2000, for the continuous deployment of United
States Armed Forces in Haiti pursuant to the Department of
Defense operation designated as Operation Uphold Democracy.
(b) Report.--Whenever there is a deployment of United
States Armed Forces to Haiti after May 31, 2000, the President
shall, not later than 96 hours after such deployment begins,
transmit to Congress a written report regarding the deployment.
In any such report, the President shall specify (1) the purpose
of the deployment, and (2) the date on which the deployment is
expected to end.
SEC. 1233. REPORT ON THE SECURITY SITUATION ON THE KOREAN PENINSULA.
(a) Report.--Not later than April 1, 2000, the Secretary of
Defense shall submit to the appropriate congressional
committees a report on the security situation on the Korean
peninsula. The report shall be submitted in both classified and
unclassified form.
(b) Matters To Be Included.--The Secretary shall include in
the report under subsection (a) the following:
(1) A net assessment analysis of the warfighting
capabilities of the Combined Forces Command (CFC) of
the United States and the Republic of Korea compared
with the armed forces of North Korea.
(2) An assessment of challenges posed by the armed
forces of North Korea to the defense of the Republic of
Korea and to United States forces deployed to the
region.
(3) An assessment of the current status and the
future direction of weapons of mass destruction
programs and ballistic missile programs of North Korea,
including a determination as to whether or not North
Korea--
(A) is continuing to pursue a nuclear
weapons program;
(B) is seeking equipment and technology
with which to enrich uranium; and
(C) is pursuing an offensive biological
weapons program.
(c) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on International Relations and
the Committee on Armed Services of the House of
Representatives; and
(2) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate.
SEC. 1234. SENSE OF CONGRESS REGARDING THE CONTINUATION OF SANCTIONS
AGAINST LIBYA.
(a) Findings.--Congress makes the following findings:
(1) On December 21, 1988, 270 people, including 189
United States citizens, were killed in a terrorist
bombing on Pan American Flight 103 over Lockerbie,
Scotland.
(2) The United Kingdom and the United States
indicted two Libyan intelligence agents, Abd al-Baset
Ali al-Megrahi and Al-Amin Khalifah Fhimah, in 1991 and
sought their extradition from Libya to the United
States or the United Kingdom to stand trial for this
heinous terrorist act.
(3) The United Nations Security Council called for
the extradition of those suspects in Security Council
Resolution 731 and imposed sanctions on Libya in
Security Council Resolutions 748 and 883 because Libyan
leader Colonel Muammar Qadhafi refused to transfer the
suspects to either the United States or the United
Kingdom to stand trial.
(4) United Nations Security Council Resolutions
731, 748, and 883 demand that Libya cease all support
for terrorism, turn over the two suspects, cooperate
with the investigation and the trial, and address the
issue of appropriate compensation.
(5) The sanctions in United Nations Security
Council Resolutions 748 and 883 include--
(A) a worldwide ban on Libya's national
airline;
(B) a ban on flights into and out of Libya
by other nations' airlines; and
(C) a prohibition on supplying arms,
airplane parts, and certain oil equipment to
Libya, and a blocking of Libyan Government
funds in other countries.
(6) Colonel Muammar Qadhafi for many years refused
to extradite the suspects to either the United States
or the United Kingdom and had insisted that he would
only transfer the suspects to a third and neutral
country to stand trial.
(7) On August 24, 1998, the United States and the
United Kingdom agreed to the proposal that Colonel
Qadhafi transfer the suspects to The Netherlands, where
they would stand trial under a Scottish court, under
Scottish law, and with a panel of Scottish judges.
(8) The United Nations Security Council endorsed
the United States-United Kingdom proposal on August 27,
1998 in United Nations Security Council Resolution
1192.
(9) The United States, consistent with United
Nations Security Council resolutions, called on Libya
to ensure the production of evidence, including the
presence of witnesses before the court, and to comply
fully with all the requirements of the United Nations
Security Council resolutions.
(10) After years of intensive diplomacy, Colonel
Qadhafi finally transferred the two Libyan suspects to
The Netherlands on April 5, 1999, and the United
Nations Security Council, in turn, suspended its
sanctions against Libya that same day.
(11) Libya has only fulfilled one of four
conditions (the transfer of the two suspects accused in
the Lockerbie bombing) set forth in United Nations
Security Council Resolutions 731, 748, and 883 that
would justify the lifting of United Nations Security
Council sanctions against Libya.
(12) Libya has not fulfilled the other three
conditions (cooperation with the Lockerbie
investigation and trial, renunciation of and ending
support for terrorism, and payment of appropriate
compensation) necessary to lift the United Nations
Security Council sanctions.
(13) The United Nations Secretary General issued a
report to the Security Council on June 30, 1999, on the
issue of Libya's compliance with the remaining
conditions.
(14) Any member of the United Nations Security
Council has the right to introduce a resolution to lift
the sanctions against Libya now that the United Nations
Secretary General's report has been issued.
(15) The United States Government considers Libya a
state sponsor of terrorism and the State Department
Report, ``Patterns of Global Terrorism; 1998'', stated
that Colonel Qadhafi ``continued publicly and privately
to support Palestinian terrorist groups, including the
PIJ and the PFLP-GC''.
(16) United States Government sanctions (other than
sanctions on food or medicine) should be maintained on
Libya, and in accordance with United States law, the
Secretary of State should keep Libya on the list of
countries the governments of which have repeatedly
provided support for acts of international terrorism
under section 6(j) of the Export Administration Act of
1979 in light of Libya's ongoing support for terrorist
groups.
(b) Sense of Congress.--It is the sense of Congress that
the President should use all diplomatic means necessary,
including the use of the United States veto at the United
Nations Security Council, to prevent the Security Council from
lifting sanctions against Libya until Libya fulfills all of the
conditions set forth in United Nations Security Council
Resolutions 731, 748, and 883.
SEC. 1235. SENSE OF CONGRESS AND REPORT ON DISENGAGING FROM NONCRITICAL
OVERSEAS MISSIONS INVOLVING UNITED STATES COMBAT
FORCES.
(a) Findings.--Congress makes the following findings:
(1) It is the National Security Strategy of the
United States to ``deter and defeat large-scale, cross-
border aggression in two distant theaters in
overlapping time frames''.
(2) The deterrence of Iraq and Iran in Southwest
Asia and the deterrence of North Korea in Northeast
Asia represent two such potential large-scale, cross-
border theater requirements.
(3) The United States has 120,000 military
personnel permanently assigned to the Southwest Asia
and Northeast Asia theaters.
(4) The United States has an additional 70,000
military personnel assigned to non-NATO/non-Pacific
threat foreign countries.
(5) The United States has more than 6,000 military
personnel in Bosnia-Herzegovina on indefinite
assignment.
(6) The United States has diverted permanently
assigned resources from other theaters to support
operations in the Balkans.
(7) The United States provides military forces to
seven active United Nations peacekeeping operations,
including some missions that have continued for
decades.
(8) Between 1986 and 1998, the number of United
States military deployments per year has nearly tripled
at the same time the Department of Defense budget has
been reduced in real terms by 38 percent.
(9) The Army has 10 active-duty divisions today,
down from 18 in 1991, while on an average day in fiscal
year 1998, 28,000 United States Army soldiers were
deployed to more than 70 countries for over 300
separate missions.
(10) The number of fighter wings in the active
component of the Air Force has gone from 22 to 13 since
1991, while 70 percent of air sorties in Operation
Allied Force over the Balkans were United States-flown
and the Air Force continues to enforce northern and
southern no-fly zones in Iraq. In response, the Air
Force has initiated a ``stop loss'' program to block
normal retirements and separations.
(11) The Navy has been reduced in size to 339
ships, its lowest level since 1938, necessitating the
redeployment of the only overseas homeported aircraft
carrier from the western Pacific to the Mediterranean
to support Operation Allied Force.
(12) In 1998, just 10 percent of eligible carrier
naval aviators (27 out of 261) accepted continuation
bonuses and remained in the service.
(13) In 1998, 48 percent of Air Force pilots
eligible for continuation chose to leave the service.
(14) The Army could fall 6,000 below
congressionally authorized strength levels by the end
of 1999.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the readiness of United States military forces
to execute the National Security Strategy of the United
States referred to in subsection (a)(1) is being eroded
by a combination of declining defense budgets and
expanded missions; and
(2) there may be missions to which the United
States is contributing Armed Forces from which the
United States can begin disengaging.
(c) Report Requirement.--Not later than March 1, 2000, the
President shall submit to the Committee on Armed Services and
the Committee on Appropriations of the Senate and the Committee
on Armed Services and the Committee on Appropriations of the
House of Representatives a report prioritizing the ongoing
global missions to which the United States is contributing
forces. The President shall include in the report a feasibility
analysis of how the United States can--
(1) shift resources from low priority missions in
support of higher priority missions;
(2) consolidate or reduce United States troop
commitments worldwide; and
(3) end low priority missions.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for specified purposes.
Sec. 1304. Limitations on use of funds for fissile material storage
facility.
Sec. 1305. Limitation on use of funds for chemical weapons destruction.
Sec. 1306. Limitation on use of funds until submission of report.
Sec. 1307. Limitation on use of funds until submission of multiyear
plan.
Sec. 1308. Requirement to submit report.
Sec. 1309. Report on Expanded Threat Reduction Initiative.
Sec. 1310. Limitation on use of funds until submission of certification.
Sec. 1311. Period covered by annual report on accounting for United
States assistance under Cooperative Threat Reduction programs.
Sec. 1312. Russian nonstrategic nuclear arms.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of CTR Programs.--For purposes of section
301 and other provisions of this Act, Cooperative Threat
Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note).
(b) Fiscal Year 2000 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2000
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations in
section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes.--Of the $475,500,000
authorized to be appropriated to the Department of Defense for
fiscal year 2000 in section 301(23) for Cooperative Threat
Reduction programs, not more than the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination in
Russia, $177,300,000.
(2) For strategic nuclear arms elimination in
Ukraine, $41,800,000.
(3) For activities to support warhead dismantlement
processing in Russia, $9,300,000.
(4) For security enhancements at chemical weapons
storage sites in Russia, $20,000,000.
(5) For weapons transportation security in Russia,
$15,200,000.
(6) For planning, design, and construction of a
storage facility for Russian fissile material,
$64,500,000.
(7) For weapons storage security in Russia,
$99,000,000.
(8) For development of a cooperative program with
the Government of Russia to eliminate the production of
weapons grade plutonium at Russian reactors,
$32,300,000.
(9) For biological weapons proliferation prevention
activities in Russia, $12,000,000.
(10) For activities designated as Other
Assessments/Administrative Support, $1,800,000.
(11) For defense and military contacts, $2,300,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2000 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (11) of subsection (a)
until 30 days after the date that the Secretary of Defense
submits to Congress a report on the purpose for which the funds
will be obligated or expended and the amount of funds to be
obligated or expended. Nothing in the preceding sentence shall
be construed as authorizing the obligation or expenditure of
fiscal year 2000 Cooperative Threat Reduction funds for a
purpose for which the obligation or expenditure of such funds
is specifically prohibited under this title.
(c) Limited Authority To Vary Individual Amounts.--(1)
Subject to paragraphs (2) and (3), in any case in which the
Secretary of Defense determines that it is necessary to do so
in the national interest, the Secretary may obligate amounts
appropriated for fiscal year 2000 for a purpose listed in any
of the paragraphs in subsection (a) in excess of the amount
specifically authorized for such purpose.
(2) An obligation of funds for a purpose stated in any of
the paragraphs in subsection (a) in excess of the specific
amount authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification
of the intent to do so together with a complete
discussion of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for the purposes stated in any
of paragraphs (4) through (6), (8), (10), or (11) of subsection
(a) in excess of 115 percent of the amount specifically
authorized for such purposes.
SEC. 1303. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES.
(a) In General.--No fiscal year 2000 Cooperative Threat
Reduction funds, and no funds appropriated for Cooperative
Threat Reduction programs after the date of the enactment of
this Act, may be obligated or expended for any of the following
purposes:
(1) Conducting with Russia any peacekeeping
exercise or other peacekeeping-related activity.
(2) Provision of housing.
(3) Provision of assistance to promote
environmental restoration.
(4) Provision of assistance to promote job
retraining.
(b) Limitation With Respect to Defense Conversion
Assistance.--None of the funds appropriated pursuant to the
authorization of appropriations in section 301 of this Act, and
no funds appropriated to the Department of Defense in any other
Act enacted after the date of the enactment of this Act, may be
obligated or expended for the provision of assistance to Russia
or any other state of the former Soviet Union to promote
defense conversion.
(c) Limitation With Respect to Conventional Weapons.--No
fiscal year 2000 Cooperative Threat Reduction funds may be
obligated or expended for elimination of conventional weapons
or the delivery vehicles primarily intended to deliver such
weapons.
SEC. 1304. LIMITATIONS ON USE OF FUNDS FOR FISSILE MATERIAL STORAGE
FACILITY.
(a) Limitations on Use of Fiscal Year 2000 Funds.--No
fiscal year 2000 Cooperative Threat Reduction funds may be
used--
(1) for construction of a second wing for the
storage facility for Russian fissile material referred
to in section 1302(a)(6); or
(2) for design or planning with respect to such
facility until 15 days after the date that the
Secretary of Defense submits to Congress notification
that Russia and the United States have signed a
verifiable written transparency agreement that ensures
that material stored at the facility is of weapons
origin.
(b) Limitation on Construction.--No funds authorized to be
appropriated for Cooperative Threat Reduction programs may be
used for construction of the storage facility referred to in
subsection (a) until the Secretary of Defense submits to
Congress the following:
(1) A certification that additional capacity is
necessary at such facility for storage of Russian
weapons-origin fissile material.
(2) A detailed cost estimate for a second wing for
the facility.
(3) A certification that Russia and the United
States have signed a verifiable written transparency
agreement that ensures that material stored at the
facility is of weapons origin.
SEC. 1305. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS DESTRUCTION.
No fiscal year 2000 Cooperative Threat Reduction funds, and
no funds appropriated for Cooperative Threat Reduction programs
after the date of the enactment of this Act, may be obligated
or expended for planning, design, or construction of a chemical
weapons destruction facility in Russia.
SEC. 1306. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF REPORT.
Not more than 50 percent of the fiscal year 2000
Cooperative Threat Reduction funds may be obligated or expended
until the Secretary of Defense submits to Congress a report
describing--
(1) with respect to each purpose listed in section
1302, whether the Department of Defense is the
appropriate executive agency to carry out Cooperative
Threat Reduction programs for such purpose, and if so,
why; and
(2) for any purpose that the Secretary determines
is not appropriately carried out by the Department of
Defense, a plan for migrating responsibility for
carrying out such purpose to the appropriate agency.
SEC. 1307. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF MULTIYEAR
PLAN.
Not more than ten percent of fiscal year 2000 Cooperative
Threat Reduction funds may be obligated or expended until the
Secretary of Defense submits to Congress an updated version of
the multiyear plan for fiscal year 2000 required to be
submitted under section 1205 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 22
U.S.C. 5952 note).
SEC. 1308. REQUIREMENT TO SUBMIT REPORT.
Not later than December 31, 1999, the Secretary of Defense
shall submit to Congress a report including--
(1) an explanation of the strategy of the
Department of Defense for encouraging States of the
former Soviet Union that receive funds through
Cooperative Threat Reduction programs to contribute
financially to the threat reduction effort;
(2) a prioritization of the projects carried out by
the Department of Defense under Cooperative Threat
Reduction programs;
(3) an identification of any limitations that the
United States has imposed or will seek to impose,
either unilaterally or through negotiations with
recipient States, on the level of assistance provided
by the United States for each of such projects; and
(4) an identification of the amount of
international financial assistance provided for
Cooperative Threat Reduction programs by other States.
SEC. 1309. REPORT ON EXPANDED THREAT REDUCTION INITIATIVE.
Not later than March 31, 2000, the President shall submit
to Congress a report on the Expanded Threat Reduction
Initiative. Such report shall include a description of the
plans for ensuring effective coordination between executive
agencies in carrying out the Expanded Threat Reduction
Initiative to minimize duplication of efforts.
SEC. 1310. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF
CERTIFICATION.
No funds appropriated for fiscal year 1999 for Cooperative
Threat Reduction programs and remaining available for
obligation or expenditure may be obligated or expended for
assistance for any country under a Cooperative Threat Reduction
Program until the President resubmits to Congress an updated
certification under section 1203(d) of the Cooperative Threat
Reduction Act of 1993 (title XII of Public Law 103-160; 22
U.S.C. 5952(d)), section 1412(d) of the Former Soviet Union
Demilitarization Act of 1992 (title XIV of Public Law 102-484;
22 U.S.C. 5902(d)), and section 502 of the Freedom for Russia
and Emerging Eurasian Democracies and Open Markets Support Act
of 1992 (Public Law 102-511; 22 U.S.C. 5852).
SEC. 1311. PERIOD COVERED BY ANNUAL REPORT ON ACCOUNTING FOR UNITED
STATES ASSISTANCE UNDER COOPERATIVE THREAT
REDUCTION PROGRAMS.
Section 1206(a)(2) of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 471; 22
U.S.C. 5955 note) is amended to read as follows:
``(2) The report shall be submitted under this section not
later than January 31 of each year and shall cover the fiscal
year ending in the preceding calendar year. No report is
required under this section after the completion of the
Cooperative Threat Reduction programs.''.
SEC. 1312. RUSSIAN NONSTRATEGIC NUCLEAR ARMS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is in the interest of Russia to fully
implement the Presidential Nuclear Initiatives
announced in 1991 and 1992 by then-President of the
Soviet Union Gorbachev and then-President of Russia
Yeltsin;
(2) the President of the United States should call
on Russia to match the unilateral reductions in the
United States inventory of tactical nuclear weapons,
which have reduced the inventory by nearly 90 percent;
and
(3) if the re-certification under section 1310 is
made, the President should emphasize the continued
interest of the United States in working cooperatively
with Russia to reduce the dangers associated with
Russia's tactical nuclear arsenal.
(b) Annual Reporting Requirement.--(1) Each annual report
on accounting for United States assistance under Cooperative
Threat Reduction programs that is submitted to Congress under
section 1206 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 471; 22 U.S.C.
5955 note) after fiscal year 1999 shall include, regarding
Russia's arsenal of tactical nuclear warheads, the following:
(A) Estimates regarding current types, numbers,
yields, viability, locations, and deployment status of
the warheads.
(B) An assessment of the strategic relevance of the
warheads.
(C) An assessment of the current and projected
threat of theft, sale, or unauthorized use of the
warheads.
(D) A summary of past, current, and planned United
States efforts to work cooperatively with Russia to
account for, secure, and reduce Russia's stockpile of
tactical nuclear warheads and associated fissile
material.
(2) The Secretary of Defense shall include in the annual
report described in paragraph (1) the views on the report
provided under subsection (c).
(c) Views of the Director of Central Intelligence.--The
Director of Central Intelligence shall submit to the Secretary
of Defense, for inclusion as an appendix in the annual report
described in subsection (b), the Director's views on the
matters described in paragraph (1) of that subsection regarding
Russia's tactical nuclear weapons.
TITLE XIV--PROLIFERATION AND EXPORT CONTROLS
Sec. 1401. Adherence of People's Republic of China to Missile Technology
Control Regime.
Sec. 1402. Annual report on transfers of militarily sensitive technology
to countries and entities of concern.
Sec. 1403. Resources for export license functions.
Sec. 1404. Security in connection with satellite export licensing.
Sec. 1405. Reporting of technology transmitted to People's Republic of
China and of foreign launch security violations.
Sec. 1406. Report on national security implications of exporting high-
performance computers to the People's Republic of China.
Sec. 1407. End-use verification for use by People's Republic of China of
high-performance computers.
Sec. 1408. Enhanced multilateral export controls.
Sec. 1409. Enhancement of activities of Defense Threat Reduction Agency.
Sec. 1410. Timely notification of licensing decisions by the Department
of State.
Sec. 1411. Enhanced intelligence consultation on satellite license
applications.
Sec. 1412. Investigations of violations of export controls by United
States satellite manufacturers.
SEC. 1401. ADHERENCE OF PEOPLE'S REPUBLIC OF CHINA TO MISSILE
TECHNOLOGY CONTROL REGIME.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the President should take all actions
appropriate to obtain a bilateral agreement with the
People's Republic of China to adhere to the Missile
Technology Control Regime (MTCR) and the MTCR Annex;
and
(2) the People's Republic of China should not be
permitted to join the Missile Technology Control Regime
as a member without having--
(A) agreed to the Missile Technology
Control Regime and the specific provisions of
the MTCR Annex;
(B) demonstrated a sustained and verified
record of performance with respect to the
nonproliferation of missiles and missile
technology; and
(C) adopted an effective export control
system for implementing guidelines under the
Missile Technology Control Regime and the MTCR
Annex.
(b) Report Required.--Not later than January 31, 2000, the
President shall transmit to Congress a report explaining--
(1) the policy and commitments that the People's
Republic of China has stated on its adherence to the
Missile Technology Control Regime and the MTCR Annex;
(2) the degree to which the People's Republic of
China is complying with its stated policy and
commitments on adhering to the Missile Technology
Control Regime and the MTCR Annex; and
(3) actions taken by the United States to encourage
the People's Republic of China to adhere to the Missile
Technology Control Regime and the MTCR Annex.
(c) Definitions.--In this section:
(1) Missile technology control regime.--The term
``Missile Technology Control Regime'' means the policy
statement, between the United States, the United
Kingdom, the Federal Republic of Germany, France,
Italy, Canada, and Japan, announced April 16, 1987, to
restrict sensitive missile-relevant transfers based on
the MTCR Annex, and any amendments thereto.
(2) MTCR annex.--The term ``MTCR Annex'' means the
Guidelines and Equipment and Technology Annex of the
Missile Technology Control Regime, and any amendments
thereto.
SEC. 1402. ANNUAL REPORT ON TRANSFERS OF MILITARILY SENSITIVE
TECHNOLOGY TO COUNTRIES AND ENTITIES OF CONCERN.
(a) Annual Report.--Not later than March 30 of each year
beginning in the year 2000 and ending in the year 2007, the
President shall transmit to Congress a report on transfers to
countries and entities of concern during the preceding calendar
year of the most significant categories of United States
technologies and technical information with potential military
applications.
(b) Contents of Report.--The report required by subsection
(a) shall include, at a minimum, the following:
(1) An assessment by the Director of Central
Intelligence of efforts by countries and entities of
concern to acquire technologies and technical
information referred to in subsection (a) during the
preceding calendar year.
(2) An assessment by the Secretary of Defense, in
consultation with the Joint Chiefs of Staff and the
Director of Central Intelligence, of the cumulative
impact of licenses granted by the United States for
exports of technologies and technical information
referred to in subsection (a) to countries and entities
of concern during the preceding 5-calendar year period
on--
(A) the military capabilities of such
countries and entities; and
(B) countermeasures that may be necessary
to overcome the use of such technologies and
technical information.
(3) An audit by the Inspectors General of the
Departments of Defense, State, Commerce, and Energy, in
consultation with the Director of Central Intelligence
and the Director of the Federal Bureau of
Investigation, of the policies and procedures of the
United States Government with respect to the export of
technologies and technical information referred to in
subsection (a) to countries and entities of concern.
(c) Additional Requirement for First Report.--The first
annual report required by subsection (a) shall include an
assessment by the Inspectors General of the Departments of
State, Defense, Commerce, and the Treasury and the Inspector
General of the Central Intelligence Agency of the adequacy of
current export controls and counterintelligence measures to
protect against the acquisition by countries and entities of
concern of United States technology and technical information
referred to in subsection (a).
(d) Support of Other Agencies.--Upon the request of the
officials responsible for preparing the assessments required by
subsection (b), the heads of other departments and agencies
shall make available to those officials all information
necessary to carry out the requirements of this section.
(e) Classified and Unclassified Reports.--Each report
required by this section shall be submitted in classified form
and unclassified form.
(f) Definition.--As used in this section, the term
``countries and entities of concern'' means--
(1) any country the government of which the
Secretary of State has determined, for purposes of
section 6(j) of the Export Administration Act of 1979
or other applicable law, to have repeatedly provided
support for acts of international terrorism;
(2) any country that--
(A) has detonated a nuclear explosive
device (as defined in section 830(4) of the
Nuclear Proliferation Prevention Act of 1994
(22 U.S.C. 3201 note)); and
(B) is not a member of the North Atlantic
Treaty Organization; and
(3) any entity that--
(A) is engaged in international terrorism
or activities in preparation thereof; or
(B) is directed or controlled by the
government of a country described in paragraph
(1) or (2).
SEC. 1403. RESOURCES FOR EXPORT LICENSE FUNCTIONS.
(a) Office of Defense Trade Controls.--
(1) In general.--The Secretary of State shall take
the necessary steps to ensure that, in any fiscal year,
adequate resources are allocated to the functions of
the Office of Defense Trade Controls of the Department
of State relating to the review and processing of
export license applications so as to ensure that those
functions are performed in a thorough and timely
manner.
(2) Availability of existing appropriations.--The
Secretary of State shall take the necessary steps to
ensure that those funds made available under the
heading ``Administration of Foreign Affairs, Diplomatic
and Consular Programs'' in title IV of the Departments
of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1999, as contained
in the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 (Public Law 105-277) are made
available, upon the enactment of this Act, to the
Office of Defense Trade Controls of the Department of
State to carry out the purposes of the Office.
(b) Defense Threat Reduction Agency.--The Secretary of
Defense shall take the necessary steps to ensure that, in any
fiscal year, adequate resources are allocated to the functions
of the Defense Threat Reduction Agency of the Department of
Defense relating to the review of export license applications
so as to ensure that those functions are performed in a
thorough and timely manner.
(c) Updating of State Department Report.--Not later than
March 1, 2000, the Secretary of State, in consultation with the
Secretary of Defense and the Secretary of Commerce, shall
transmit to Congress a report updating the information reported
to Congress under section 1513(d)(3) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (22
U.S.C. 2778 note).
SEC. 1404. SECURITY IN CONNECTION WITH SATELLITE EXPORT LICENSING.
As a condition of the export license for any satellite to
be launched in a country subject to section 1514 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (22 U.S.C. 2778 note), the Secretary of State shall
require the following:
(1) That the technology transfer control plan
required by section 1514(a)(1) of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(22 U.S.C. 2778 note) be prepared by the Department of
Defense and the licensee, and that the plan set forth
enhanced security arrangements for the launch of the
satellite, both before and during launch operations.
(2) That each person providing security for the
launch of that satellite--
(A) report directly to the launch monitor
with regard to issues relevant to the
technology transfer control plan;
(B) have received appropriate training in
the International Trafficking in Arms
Regulations (hereafter in this title referred
to as ``ITAR'').
(C) have significant experience and
expertise with satellite launches; and
(D) have been investigated in a manner at
least as comprehensive as the investigation
required for the issuance of a security
clearance at the level designated as
``Secret''.
(3) That the number of such persons providing
security for the launch of the satellite shall be
sufficient to maintain 24-hour security of the
satellite and related launch vehicle and other
sensitive technology.
(4) That the licensee agree to reimburse the
Department of Defense for all costs associated with the
provision of security for the launch of the satellite.
SEC. 1405. REPORTING OF TECHNOLOGY TRANSMITTED TO PEOPLE'S REPUBLIC OF
CHINA AND OF FOREIGN LAUNCH SECURITY VIOLATIONS.
(a) Monitoring of Information.--The Secretary of Defense
shall require that space launch monitors of the Department of
Defense assigned to monitor launches in the People's Republic
of China maintain records of all information authorized to be
transmitted to the People's Republic of China with regard to
each space launch that the monitors are responsible for
monitoring, including copies of any documents authorized for
such transmission, and reports on launch-related activities.
(b) Transmission to Other Agencies.--The Secretary of
Defense shall ensure that records under subsection (a) are
transmitted on a current basis to appropriate elements of the
Department of Defense and to the Department of State, the
Department of Commerce, and the Central Intelligence Agency.
(c) Retention of Records.--Records described in subsection
(a) shall be retained for at least the period of the statute of
limitations for violations of the Arms Export Control Act.
(d) Guidelines.--The Secretary of Defense shall prescribe
guidelines providing space launch monitors of the Department of
Defense with the responsibility and the ability to report
serious security violations, problems, or other issues at an
overseas launch site directly to the headquarters office of the
responsible Department of Defense component.
SEC. 1406. REPORT ON NATIONAL SECURITY IMPLICATIONS OF EXPORTING HIGH-
PERFORMANCE COMPUTERS TO THE PEOPLE'S REPUBLIC OF
CHINA.
(a) Review.--The President, in consultation with the
Secretary of Defense and the Secretary of Energy, shall conduct
a comprehensive review of the national security implications of
exporting high-performance computers to the People's Republic
of China. To the extent that such testing has not already been
conducted by the Government, the President, as part of the
review, shall conduct empirical testing of the extent to which
national security-related operations can be performed using
clustered, massively-parallel processing or other combinations
of computers.
(b) Report.--The President shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the
results of the review conducted under subsection (a). The
report shall be submitted not later than 6 months after the
date of the enactment of this Act in classified and
unclassified form and shall be updated not later than February
1 of each of the years 2001 through 2004.
SEC. 1407. END-USE VERIFICATION FOR USE BY PEOPLE'S REPUBLIC OF CHINA
OF HIGH-PERFORMANCE COMPUTERS.
(a) Revised HPC Verification System.--The President shall
seek to enter into an agreement with the People's Republic of
China to revise the existing verification system with the
People's Republic of China with respect to end-use verification
for high-performance computers exported or to be exported to
the People's Republic of China so as to provide for an open and
transparent system providing for effective end-use verification
for such computers. The President shall transmit a copy of any
such agreement to Congress.
(b) Definition.--As used in this section and section 1406,
the term ``high-performance computer'' means a computer which,
by virtue of its composite theoretical performance level, would
be subject to section 1211 of the National Defense
Authorization Act for Fiscal Year 1998 (50 U.S.C. App. 2404
note).
(c) Adjustment of Composite Theoretical Performance Levels
for Post-shipment Verification.--Section 1213 of the National
Defense Authorization Act for Fiscal Year 1998 (50 U.S.C. App.
2404 note) is amended by adding at the end the following new
subsection:
``(e) Adjustment of Performance Levels.--Whenever a new
composite theoretical performance level is established under
section 1211(d), that level shall apply for purposes of
subsection (a) of this section in lieu of the level set forth
in subsection (a).''.
SEC. 1408. ENHANCED MULTILATERAL EXPORT CONTROLS.
(a) New International Controls.--The President shall seek
to establish new enhanced international controls on technology
transfers that threaten international peace and United States
national security.
(b) Improved Sharing of Information.--The President shall
take appropriate actions to improve the sharing of information
by nations that are major exporters of technology so that the
United States can track movements of technology covered by the
Wassenaar Arrangement and enforce technology controls and re-
export requirements for such technology.
(c) Definition.--As used in this section, the term
``Wassenaar Arrangement'' means the multilateral export control
regime covering conventional armaments and sensitive dual-use
goods and technologies that was agreed to by 33 co-founding
countries in July 1996 and began operation in September 1996.
SEC. 1409. ENHANCEMENT OF ACTIVITIES OF DEFENSE THREAT REDUCTION
AGENCY.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
prescribe regulations to--
(1) authorize the personnel of the Defense Threat
Reduction Agency (DTRA) who monitor satellite launch
campaigns overseas to suspend such campaigns at any
time if the suspension is required for purposes of the
national security of the United States;
(2) ensure that persons assigned as space launch
campaign monitors are provided sufficient training and
have adequate experience in the regulations prescribed
by the Secretary of State known as the ITAR and have
significant experience and expertise with satellite
technology, launch vehicle technology, and launch
operations technology;
(3) ensure that adequate numbers of such monitors
are assigned to space launch campaigns so that 24-hour,
7-day per week coverage is provided;
(4) take steps to ensure, to the maximum extent
possible, the continuity of service by monitors for the
entire space launch campaign period (from satellite
marketing to launch and, if necessary, completion of a
launch failure analysis);
(5) adopt measures designed to make service as a
space launch campaign monitor an attractive career
opportunity;
(6) allocate funds and other resources to the
Agency at levels sufficient to prevent any shortfalls
in the number of such personnel;
(7) establish mechanisms in accordance with the
provisions of section 1514(a)(2)(A) of the Strom
Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261; 112 Stat. 2175; 22
U.S.C. 2778 note) that provide for--
(A) the payment to the Department of
Defense by the person or entity receiving the
launch monitoring services concerned, before
the beginning of a fiscal year, of an amount
equal to the amount estimated to be required by
the Department to monitor the launch campaigns
during that fiscal year;
(B) the reimbursement of the Department of
Defense, at the end of each fiscal year, for
amounts expended by the Department in
monitoring the launch campaigns in excess of
the amount provided under subparagraph (A); and
(C) the reimbursement of the person or
entity receiving the launch monitoring services
if the amount provided under subparagraph (A)
exceeds the amount actually expended by the
Department of Defense in monitoring the launch
campaigns;
(8) review and improve guidelines on the scope of
permissible discussions with foreign persons regarding
technology and technical information, including the
technology and technical information that should not be
included in such discussions;
(9) provide, in conjunction with other Federal
agencies, on at least an annual basis, briefings to the
officers and employees of United States commercial
satellite entities on United States export license
standards, guidelines, and restrictions, and encourage
such officers and employees to participate in such
briefings;
(10) establish a system for--
(A) the preparation and filing by personnel
of the Agency who monitor satellite launch
campaigns overseas of detailed reports of all
relevant activities observed by such personnel
in the course of monitoring such campaigns;
(B) the systematic archiving of reports
filed under subparagraph (A); and
(C) the preservation of such reports in
accordance with applicable laws; and
(11) establish a counterintelligence program within
the Agency as part of its satellite launch monitoring
program.
(b) Annual Report on Implementation of Satellite Technology
Safeguards.--(1) The Secretary of Defense and the Secretary of
State shall each submit to Congress each year, as part of the
annual report for that year under section 1514(a)(8) of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999, the following:
(A) A summary of the satellite launch campaigns and
related activities monitored by the Defense Threat
Reduction Agency during the preceding fiscal year.
(B) A description of any license infractions or
violations that may have occurred during such campaigns
and activities.
(C) A description of the personnel, funds, and
other resources dedicated to the satellite launch
monitoring program of the Agency during that fiscal
year.
(D) An assessment of the record of United States
satellite makers in cooperating with Agency monitors,
and in complying with United States export control
laws, during that fiscal year.
(2) Each report under paragraph (1) shall be submitted in
classified form and unclassified form.
SEC. 1410. TIMELY NOTIFICATION OF LICENSING DECISIONS BY THE DEPARTMENT
OF STATE.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State shall prescribe regulations to
provide timely notice to the manufacturer of a commercial
satellite of United States origin of the final determination of
the decision on the application for a license involving the
overseas launch of such satellite.
SEC. 1411. ENHANCED INTELLIGENCE CONSULTATION ON SATELLITE LICENSE
APPLICATIONS.
(a) Consultation During Review of Applications.--The
Secretary of State and Secretary of Defense, as appropriate,
shall consult with the Director of Central Intelligence during
the review of any application for a license involving the
overseas launch of a commercial satellite of United States
origin. The purpose of the consultation is to assure that the
launch of the satellite, if the license is approved, will meet
the requirements necessary to protect the national security
interests of the United States.
(b) Advisory Group.--(1) The Director of Central
Intelligence shall establish within the intelligence community
an advisory group to provide information and analysis to
Congress, and to appropriate departments and agencies of the
Federal Government, on the national security implications of
granting licenses involving the overseas launch of commercial
satellites of United States origin.
(2) The advisory group shall include technically-qualified
representatives of the Central Intelligence Agency, the Defense
Intelligence Agency, the National Security Agency, the National
Air Intelligence Center, and the Department of State Bureau of
Intelligence and Research and representatives of other elements
of the intelligence community with appropriate expertise.
(3) In addition to the duties under paragraph (1), the
advisory group shall--
(A) review, on a continuing basis, information
relating to transfers of satellite, launch vehicle, or
other technology or knowledge with respect to the
course of the overseas launch of commercial satellites
of United States origin; and
(B) analyze the potential impact of such transfers
on the space and military systems, programs, or
activities of foreign countries.
(4) The Director of the Nonproliferation Center of the
Central Intelligence Agency shall serve as chairman of the
advisory group.
(5)(A) The advisory group shall, upon request (but not less
often than annually), submit reports on the matters referred to
in paragraphs (1) and (3) to the appropriate committees of
Congress and to appropriate departments and agencies of the
Federal Government.
(B) The first annual report under subparagraph (A) shall be
submitted not later than one year after the date of the
enactment of this Act.
(c) Intelligence Community Defined.--In this section, the
term ``intelligence community'' has the meaning given that term
in section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
SEC. 1412. INVESTIGATIONS OF VIOLATIONS OF EXPORT CONTROLS BY UNITED
STATES SATELLITE MANUFACTURERS.
(a) Notice to Congress of Investigations.--The President
shall promptly notify the appropriate committees of Congress
whenever an investigation is undertaken by the Department of
Justice of--
(1) an alleged violation of United States export
control laws in connection with a commercial satellite
of United States origin; or
(2) an alleged violation of United States export
control laws in connection with an item controlled
under section 38 of the Arms Export Control Act (22
U.S.C. 2778) that is likely to cause significant harm
or damage to the national security interests of the
United States.
(b) Notice to Congress of Certain Export Waivers.--The
President shall promptly notify the appropriate committees of
Congress whenever an export waiver pursuant to section 902 of
the Foreign Relations Authorization Act, Fiscal Years 1990 and
1991 (22 U.S.C. 2151 note) is granted on behalf of any United
States person that is the subject of an investigation described
in subsection (a). The notice shall include a justification for
the waiver.
(c) Exception.--The requirements in subsections (a) and (b)
shall not apply if the President determines that notification
of the appropriate committees of Congress under such
subsections would jeopardize an on-going criminal
investigation. If the President makes such a determination, the
President shall provide written notification of such
determination to the Speaker of the House of Representatives,
the majority leader of the Senate, the minority leader of the
House of Representatives, and the minority leader of the
Senate. The notification shall include a justification for the
determination.
(d) Identification of Persons Subject to Investigation.--
The Secretary of State and the Attorney General shall develop
appropriate mechanisms to identify, for the purposes of
processing export licenses for commercial satellites, persons
who are the subject of an investigation described in subsection
(a).
(e) Protection of Classified and Other Sensitive
Information.--The appropriate committees of Congress shall
ensure that appropriate procedures are in place to protect from
unauthorized disclosure classified information, information
relating to intelligence sources and methods, and sensitive law
enforcement information that is furnished to those committees
pursuant to this section.
(f) Statutory Construction.--Nothing in this section shall
be construed to modify or supersede any other requirement to
report information on intelligence activities to Congress,
including the requirement under section 501 of the National
Security Act of 1947 (50 U.S.C. 413).
(g) Definitions.--As used in this section:
(1) The term ``appropriate committees of Congress''
means the following:
(A) The Committee on Armed Services, the
Committee on Foreign Relations, and the Select
Committee on Intelligence of the Senate.
(B) The Committee on Armed Services, the
Committee on International Relations, and the
Permanent Select Committee on Intelligence of
the House of Representatives.
(2) The term ``United States person'' means any
United States resident or national (other than an
individual resident outside the United States and
employed by other than a United States person), any
domestic concern (including any permanent domestic
establishment of any foreign concern), and any foreign
subsidiary or affiliate (including any permanent
foreign establishment) of any domestic concern which is
controlled in fact by such domestic concern, as
determined under regulations of the President.
TITLE XV--ARMS CONTROL AND COUNTERPROLIFERATION MATTERS
Sec. 1501. Revision to limitation on retirement or dismantlement of
strategic nuclear delivery systems.
Sec. 1502. Sense of Congress on strategic arms reductions.
Sec. 1503. Report on strategic stability under START III.
Sec. 1504. Counterproliferation Program Review Committee.
Sec. 1505. Support of United Nations-sponsored efforts to inspect and
monitor Iraqi weapons activities.
SEC. 1501. REVISION TO LIMITATION ON RETIREMENT OR DISMANTLEMENT OF
STRATEGIC NUCLEAR DELIVERY SYSTEMS.
(a) Revised Limitation.--Subsections (a) and (b) of section
1302 of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85; 111 Stat. 1948) are amended to read as
follows:
``(a) Funding Limitation.--(1) Except as provided in
paragraph (2), funds available to the Department of Defense may
not be obligated or expended for retiring or dismantling, or
for preparing to retire or dismantle, any of the following
strategic nuclear delivery systems below the specified levels:
``(A) 76 B-52H bomber aircraft.
``(B) 18 Trident ballistic missile submarines.
``(C) 500 Minuteman III intercontinental ballistic
missiles.
``(D) 50 Peacekeeper intercontinental ballistic
missiles.
``(2) The limitation in paragraph (1)(B) shall be modified
in accordance with paragraph (3) upon a certification by the
President to Congress of the following:
``(A) That the effectiveness of the United States
strategic deterrent will not be decreased by reductions
in strategic nuclear delivery systems.
``(B) That the requirements of the Single
Integrated Operational Plan can be met with a reduced
number of strategic nuclear delivery systems.
``(C) That reducing the number of strategic nuclear
delivery systems will not, in the judgment of the
President, provide a disincentive for Russia to ratify
the START II treaty or serve to undermine future arms
control negotiations.
``(D) That the United States will retain the
ability to increase the delivery capacity of its
strategic nuclear delivery systems should threats arise
that require more substantial United States strategic
forces.
``(3) If the President submits the certification described
in paragraph (2), then the applicable number in effect under
paragraph (1)(B)--
``(A) shall be 16 during the period beginning on
the date on which such certification is transmitted to
Congress and ending on the date specified in
subparagraph (B); and
``(B) shall be 14 effective as of the date that is
240 days after the date on which such certification is
transmitted.
``(b) Waiver Authority.--If the START II treaty enters into
force, the President may waive the application of the
limitation in effect under paragraph (1)(B) or (3) of
subsection (a), as the case may be, to the extent that the
President determines such a waiver to be necessary in order to
implement the treaty.''.
(b) Conforming Amendments.--Such section is further
amended--
(1) in subsection (c)(2), by striking ``during the
strategic delivery systems retirement limitation
period'' and inserting ``during the fiscal year during
which the START II Treaty enters into force''; and
(2) by striking subsection (g).
SEC. 1502. SENSE OF CONGRESS ON STRATEGIC ARMS REDUCTIONS.
It is the sense of Congress that, in negotiating a START
III Treaty with the Russian Federation, or any other arms
control treaty with the Russian Federation that would require
reductions in United States strategic nuclear forces, that--
(1) the strategic nuclear forces and nuclear
modernization programs of the People's Republic of
China and every other nation possessing nuclear weapons
should be taken into full consideration in the
negotiation of such treaty; and
(2) the reductions in United States strategic
nuclear forces under such a treaty should not be to
such an extent as to impede the capability of the
United States to respond militarily to any militarily
significant increase in the threat to United States
security or strategic stability posed by the People's
Republic of China and any other nation.
SEC. 1503. REPORT ON STRATEGIC STABILITY UNDER START III.
(a) Report.--Not later than September 1, 2000, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report, to be prepared in
consultation with the Director of Central Intelligence, on the
stability of the future strategic nuclear posture of the United
States for deterring the Russian Federation and other potential
nuclear adversaries.
(b) Matters To Be Included.--The Secretary shall, at a
minimum, include in the report the following:
(1) A discussion of the policy defining the
deterrence and military-political objectives of the
United States against potential nuclear adversaries.
(2) A discussion of the military requirements for
United States nuclear forces, the force structure and
capabilities necessary to meet those requirements, and
how they relate to the achievement of the objectives
identified under paragraph (1).
(3) A projection of the strategic nuclear force
posture of the United States and the Russian Federation
that is anticipated under a further Strategic Arms
Reduction Treaty (referred to as ``START III''), and an
explanation of whether and how United States nuclear
forces envisioned under that posture would be capable
of meeting the military sufficiency requirements
identified under paragraph (2).
(4) The Secretary's assessment of Russia's nuclear
force posture under START III compared to its present
force, including its size, vulnerability, and
capability for launch on tactical warning, and an
assessment of whether strategic stability would be
enhanced or diminished under START III, including any
stabilizing and destabilizing factors and possible
incentives or disincentives for Russia to launch a
first strike, or otherwise use nuclear weapons, against
the United States in a possible future crisis.
(5) The Secretary's assessment of the nuclear
weapon capabilities of China and other potential
nuclear weapon ``rogue'' states in the foreseeable
future, and an assessment of the effect of these
capabilities on strategic stability, including their
ability and inclination to use nuclear weapons against
the United States in a possible future crisis.
(6) The Secretary's assessment of whether
asymmetries between the United States and Russia,
including doctrine, nonstrategic nuclear weapons, and
active and passive defenses, are likely to erode
strategic stability in the foreseeable future.
(7) Any other matters the Secretary believes are
important to such a consideration of strategic
stability under future nuclear postures.
(c) Classification.--The report shall be submitted in
classified form and, to the extent possible, in unclassified
form.
SEC. 1504. COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE.
(a) Extension of Committee.--Subsection (f) of section 1605
of the National Defense Authorization Act for Fiscal Year 1994
(22 U.S.C. 2751 note) is amended by striking ``September 30,
2000'' and inserting ``September 30, 2004''.
(b) Executive Secretary of the Committee.--Paragraph (5) of
subsection (a) of that section is amended to read as follows:
``(5) The Assistant to the Secretary of Defense for Nuclear
and Chemical and Biological Defense Programs shall serve as
executive secretary to the committee, except that during any
period during which that position is vacant the Assistant
Secretary of Defense for Strategy and Threat Reduction shall
serve as the executive secretary.''.
(c) Earlier Deadline for Annual Report on
Counterproliferation Activities and Programs.--Section 1503(a)
of the National Defense Authorization Act for Fiscal Year 1995
(22 U.S.C. 2751 note) is amended by striking ``May 1 of each
year'' and inserting ``February 1 of each year''.
SEC. 1505. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO INSPECT AND
MONITOR IRAQI WEAPONS ACTIVITIES.
(a) Limitation on Amount of Assistance in Fiscal Year
2000.--The total amount of the assistance for fiscal year 2000
that is provided by the Secretary of Defense under section 1505
of the Weapons of Mass Destruction Control Act of 1992 (22
U.S.C. 5859a) as activities of the Department of Defense in
support of activities under that Act may not exceed
$15,000,000.
(b) Extension of Authority To Provide Assistance.--
Subsection (f) of section 1505 of the Weapons of Mass
Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended by
striking ``1999'' and inserting ``2000''.
(c) References to United Nations Special Commission on Iraq
and to Fiscal Limitations.--(1) Subsection (b)(2) of such
section is amended by inserting ``(or any successor
organization)'' after ``United Nations Special Commission on
Iraq''.
(2) Subsection (d)(4) of such section is amended--
(A) in the first sentence of subparagraph (A)--
(i) by inserting ``(or any successor
organization)'' after ``United Nations Special
Commission on Iraq''; and
(ii) by striking ``the amount specified
with respect to that year under paragraph
(3),'' and all that follows and inserting ``the
amount of any limitation provided by law on the
total amount of such assistance for that fiscal
year, the Secretary of Defense may provide such
assistance with respect to that fiscal year
notwithstanding that limitation.''; and
(B) in subparagraph (B), by striking ``under
paragraph (3)''.
TITLE XVI--NATIONAL SECURITY SPACE MATTERS
Subtitle A--Space Technology Guide; Reports
Sec. 1601. Space technology guide.
Sec. 1602. Report on vulnerabilities of United States space assets.
Sec. 1603. Report on space launch failures.
Sec. 1604. Report on Air Force space launch facilities.
Subtitle B--Commercial Space Launch Services
Sec. 1611. Sense of Congress regarding United States-Russian cooperation
in commercial space launch services.
Sec. 1612. Sense of Congress concerning United States commercial space
launch capacity.
Subtitle C--Commission To Assess United States National Security Space
Management and Organization
Sec. 1621. Establishment of commission.
Sec. 1622. Duties of commission.
Sec. 1623. Report.
Sec. 1624. Assessment by the Secretary of Defense.
Sec. 1625. Powers.
Sec. 1626. Commission procedures.
Sec. 1627. Personnel matters.
Sec. 1628. Miscellaneous administrative provisions.
Sec. 1629. Funding.
Sec. 1630. Termination of the commission.
Subtitle A--Space Technology Guide; Reports
SEC. 1601. SPACE TECHNOLOGY GUIDE.
(a) Requirement.--The Secretary of Defense shall develop a
detailed guide for investment in space science and technology,
demonstrations of space technology, and planning and
development for space technology systems. In the development of
the guide, the goal shall be to identify the technologies and
technology demonstrations needed for the United States to take
full advantage of use of space for national security purposes.
(b) Relationship to Future-Years Defense Program.--The
space technology guide shall include two alternative technology
paths. One shall be consistent with the applicable funding
limitations associated with the future-years defense program.
The other shall reflect the assumption that it is not
constrained by funding limitations.
(c) Relationship to Activities Outside the Department of
Defense.--The Secretary shall include in the guide a discussion
of the potential for cooperative investment and technology
development with other departments and agencies of the United
States and with private sector entities.
(d) Micro-Satellite Technology Development Plan.--The
Secretary shall include in the guide a micro-satellite
technology development plan to guide investment decisions in
micro-satellite technology and to establish priorities for
technology demonstration activities.
(e) Use of Previous Studies and Reports.--In the
development of the guide, the Secretary shall take into
consideration previously completed studies and reports that may
be relevant to the development of the guide, including the
following:
(1) The Space Control Technology Plan of 1999 of
the Department of Defense.
(2) The Long Range Plan of March 1998 of the United
States Space Command.
(3) The Strategic Master Plan of December 1997 of
the Air Force Space Command.
(f) Report.--Not later than April 15, 2000, the Secretary
shall submit a report on the space technology guide to the
congressional defense committees.
SEC. 1602. REPORT ON VULNERABILITIES OF UNITED STATES SPACE ASSETS.
Not later than March 1, 2000, the Secretary of Defense
shall submit to the Committee on Armed Service of the House of
Representatives and the Committee on Armed Services of the
Senate a report, prepared in consultation with the Director of
Central Intelligence, on the current and potential
vulnerabilities of United States national security and
commercial space assets. The report shall be submitted in
classified and unclassified form. The report shall include--
(1) an assessment of the military significance of
the vulnerabilities identified in the report;
(2) an assessment of the significance of space
debris; and
(3) an assessment of the manner in which the
vulnerabilities identified in the report could affect
United States space launch policy and spacecraft
design.
SEC. 1603. REPORT ON SPACE LAUNCH FAILURES.
(a) Report Required.--The Secretary of Defense shall submit
to the President and the specified congressional committees a
report on the factors involved in the three recent failures of
the Titan IV space launch vehicle and the systemic and
management reforms that the Secretary is implementing to
minimize future failures of that vehicle and future launch
systems. The report shall be submitted not later than February
15, 2000. The Secretary shall include in the report all
information from the reviews of those failures conducted by the
Secretary of the Air Force and launch contractors.
(b) Matters To Be Included.--The report shall include the
following information:
(1) An explanation for the failure of a Titan IVA
launch vehicle on August 12, 1998, the failure of a
Titan IVB launch vehicle on April 9, 1999, and the
failure of a Titan IVB launch vehicle on April 30,
1999, as well as any information from civilian launches
which may provide information on systemic problems in
current Department of Defense launch systems,
including, in addition to a detailed technical
explanation and summary of financial costs for each
such failure, a one-page summary for each such failure
indicating any commonality between that failure and
other military or civilian launch failures.
(2) A review of management and engineering
responsibility for the Titan, Inertial Upper Stage, and
Centaur systems, with an explanation of the respective
roles of the Government and the private sector in
ensuring mission success and identification of the
responsible party (Government or private sector) for
each major stage in production and launch of the
vehicles.
(3) A list of all contractors and subcontractors
for each of the Titan, Inertial Upper Stage, and
Centaur systems and their responsibilities and five-
year records for meeting program requirements.
(4) A comparison of the practices of the Department
of Defense, the National Aeronautics and Space
Administration, and the commercial launch industry
regarding the management and oversight of the
procurement and launch of expendable launch vehicles.
(5) An assessment of whether consolidation in the
aerospace industry has affected mission success,
including whether cost-saving efforts are having an
effect on quality and whether experienced workers are
being replaced by less experienced workers for cost-
saving purposes.
(6) Recommendations on how Government contracts
with launch service companies could be improved to
protect the taxpayer, together with the Secretary's
assessment of whether the withholding of award and
incentive fees is a sufficient incentive to hold
contractors to the highest possible quality standards
and the Secretary's overall evaluation of the award fee
system.
(7) A short summary of what went wrong technically
and managerially in each launch failure and what
specific steps are being taken by the Department of
Defense and space launch contractors to ensure that
those errors do not reoccur.
(8) An assessment of the role of the Department of
Defense in the management and technical oversight of
the launches that failed and whether the Department of
Defense, in that role, contributed to the failures.
(9) An assessment of the effect of the launch
failures on the schedule for Titan launches, on the
schedule for development and first launch of the
Evolved Expendable Launch Vehicle, and on the ability
of industry to meet Department of Defense requirements.
(10) An assessment of the impact of the launch
failures on assured access to space by the United
States, and a consideration of means by which access to
space by the United States can be better assured.
(11) An assessment of any systemic problems that
may exist at the eastern launch range, whether these
problems contributed to the launch failures, and what
means would be most effective in addressing these
problems.
(12) An assessment of the potential benefits and
detriments of launch insurance and the impact of such
insurance on the estimated net cost of space launches.
(13) A review of the responsibilities of the
Department of Defense and industry representatives in
the launch process, an examination of the incentives of
the Department and industry representatives throughout
the launch process, and an assessment of whether the
incentives are appropriate to maximize the probability
that launches will be timely and successful.
(14) Any other observations and recommendations
that the Secretary considers relevant.
(c) Interim Report.--Not later than December 15, 1999, the
Secretary shall submit to the specified congressional
committees an interim report on the progress in the preparation
of the report required by this section, including progress with
respect to each of the matters required to be included in the
report under subsection (b).
(d) Specified Congressional Committees.--For purposes of
this section, the term ``specified congressional committees''
means the following:
(1) The Committee on Armed Services, the Select
Committee on Intelligence, and the Committee on
Appropriations of the Senate.
(2) The Committee on Armed Services, the Permanent
Select Committee on Intelligence, and the Committee on
Appropriations of the House of Representatives.
SEC. 1604. REPORT ON AIR FORCE SPACE LAUNCH FACILITIES.
(a) Study of Space Launch Ranges and Requirements.--The
Secretary of Defense shall, using the Defense Science Board of
the Department of Defense, conduct a study--
(1) to assess anticipated military, civil, and
commercial space launch requirements;
(2) to examine the technical shortcomings at the
space launch ranges;
(3) to evaluate current and future oversight and
range safety arrangements at the space launch ranges;
and
(4) to estimate future funding requirements for
space launch ranges capable of meeting both national
security space launch needs and civil and commercial
space launch needs.
(b) Report.--Not later than February 15, 2000, the
Secretary shall submit to the congressional defense committees
a report containing the results of the study.
Subtitle B--Commercial Space Launch Services
SEC. 1611. SENSE OF CONGRESS REGARDING UNITED STATES-RUSSIAN
COOPERATION IN COMMERCIAL SPACE LAUNCH SERVICES.
It is the sense of Congress that--
(1) the United States should demand full and
complete cooperation from the Government of the Russian
Federation on preventing the illegal transfer from
Russia to Iran or any other country of any prohibited
fissile material or ballistic missile equipment or any
technology necessary for the acquisition or development
by the recipient country of any nuclear weapon or
ballistic missile;
(2) the United States should take every appropriate
measure necessary to encourage the Government of the
Russian Federation to seek out and prevent the illegal
transfer from Russia to Iran or any other country of
any prohibited fissile material or ballistic missile
equipment or any technology necessary for the
acquisition or development by the recipient country of
any nuclear weapon or ballistic missile;
(3) the United States Government decision to
increase the quantitative limitations applicable to
commercial space launch services provided by Russian
space launch providers, based upon a serious commitment
by the Government of the Russian Federation to seek out
and prevent the illegal transfer from Russia to Iran or
any other country of any prohibited ballistic missile
equipment or any technology necessary for the
acquisition or development by the recipient country of
any ballistic missile, should facilitate greater
cooperation between the United States and the Russian
Federation on nonproliferation matters; and
(4) any possible future consideration of modifying
such limitations should be conditioned on a continued
serious commitment by the Government of the Russian
Federation to preventing such illegal transfers.
SEC. 1612. SENSE OF CONGRESS CONCERNING UNITED STATES COMMERCIAL SPACE
LAUNCH CAPACITY.
(a) Sense of Congress Concerning United States Commercial
Space Launch Capacity.--It is the sense of Congress that
Congress and the President should work together to stimulate
and encourage the expansion of a commercial space launch
capacity in the United States, including by taking actions to
eliminate legal or regulatory barriers to long-term
competitiveness of the United States commercial space launch
industry.
(b) Sense of Congress Concerning Policy of Permitting
Export of Commercial Satellites to People's Republic of China
for Launch.--It is the sense of Congress that Congress and the
President should--
(1) reexamine the current United States policy of
permitting the export of commercial satellites of
United States origin to the People's Republic of China
for launch;
(2) review the advantages and disadvantages of
phasing out that policy, including in that review
advantages and disadvantages identified by Congress,
the executive branch, the United States satellite
industry, the United States space launch industry, the
United States telecommunications industry, and other
interested persons; and
(3) if the phase out of that policy is adopted,
permit the export of a commercial satellite of United
States origin for launch in the People's Republic of
China only if--
(A) the launch is licensed as of the
commencement of the phase out of that policy;
and
(B) additional actions under section 1514
of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public
Law 105-261; 112 Stat. 2175; 22 U.S.C. 2778
note) are taken to minimize the transfer of
technology to the People's Republic of China
during the course of the launch.
Subtitle C--Commission To Assess United States National Security Space
Management and Organization
SEC. 1621. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is hereby established a
commission known as the Commission To Assess United States
National Security Space Management and Organization (in this
subtitle referred to as the ``Commission'').
(b) Composition.--The Commission shall be composed of 13
members appointed as follows:
(1) Four members shall be appointed by the chairman
of the Committee on Armed Services of the Senate.
(2) Four members shall be appointed by the chairman
of the Committee on Armed Services of the House of
Representatives.
(3) Three members shall be appointed jointly by the
ranking minority member of the Committee on Armed
Services of the Senate and the ranking minority member
of the Committee on Armed Services of the House of
Representatives.
(4) Two members shall be appointed by the Secretary
of Defense, in consultation with the Director of
Central Intelligence.
(c) Qualifications.--Members of the Commission shall be
appointed from among private citizens of the United States who
have knowledge and expertise in the areas of national security
space policy, programs, organizations, and future national
security concepts.
(d) Chairman.--The chairman of the Committee on Armed
Services of the Senate, after consultation with the chairman of
the Armed Services Committee of the House of Representatives
and the ranking minority members of the Committees on Armed
Services of the House of Representatives and the Senate, shall
designate one of the members of the Commission to serve as
chairman of the Commission.
(e) Period of Appointment; Vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment.
(f) Security Clearances.--All members of the Commission
shall hold appropriate security clearances.
(g) Initial Organization Requirements.--(1) All
appointments to the Commission shall be made not later than 90
days after the date of the enactment of this Act.
(2) The Commission shall convene its first meeting not
later than 60 days after the date as of which all members of
the Commission have been appointed, but not earlier than
October 15, 1999.
SEC. 1622. DUTIES OF COMMISSION.
(a) Assessment of United States National Security Space
Management and Organization.--The Commission shall, concerning
changes to be implemented over the near-term, medium-term, and
long-term that would strengthen United States national
security, assess the following:
(1) The manner in which military space assets may
be exploited to provide support for United States
military operations.
(2) The current interagency coordination process
regarding the operation of national security space
assets, including identification of interoperability
and communications issues.
(3) The relationship between the intelligence and
nonintelligence aspects of national security space (so-
called ``white space'' and ``black space''), and the
potential costs and benefits of a partial or complete
merger of the programs, projects, or activities that
are differentiated by those two aspects.
(4) The manner in which military space issues are
addressed by professional military education
institutions.
(5) The potential costs and benefits of
establishing any of the following:
(A) An independent military department and
service dedicated to the national security
space mission.
(B) A corps within the Air Force dedicated
to the national security space mission.
(C) A position of Assistant Secretary of
Defense for Space within the Office of the
Secretary of Defense.
(D) A new major force program, or other
budget mechanism, for managing national
security space funding within the Department of
Defense.
(E) Any other change to the existing
organizational structure of the Department of
Defense for national security space management
and organization.
(b) Cooperation From Government Officials.--In carrying out
its duties, the Commission should receive the full and timely
cooperation of the Secretary of Defense, the Director of
Central Intelligence, and any other United States Government
official responsible for providing the Commission with
analyses, briefings, and other information necessary for the
fulfillment of its responsibilities.
SEC. 1623. REPORT.
The Commission shall, not later than six months after the
date of its first meeting, submit to Congress and to the
Secretary of Defense a report on its findings and conclusions.
SEC. 1624. ASSESSMENT BY THE SECRETARY OF DEFENSE.
The Secretary of Defense shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives an assessment of the
Commission's findings not later than 90 days after the
submission of the Commission's report.
SEC. 1625. POWERS.
(a) Hearings.--The Commission or, at its direction, any
panel or member of the Commission, may, for the purpose of
carrying out the provisions of this subtitle, hold hearings,
sit and act at times and places, take testimony, receive
evidence, and administer oaths to the extent that the
Commission or any panel or member considers advisable.
(b) Information.--The Commission may secure directly from
the Department of Defense, the other departments and agencies
of the intelligence community, and any other Federal department
or agency information that the Commission considers necessary
to enable the Commission to carry out its responsibilities
under this subtitle.
SEC. 1626. COMMISSION PROCEDURES.
(a) Meetings.--The Commission shall meet at the call of the
chairman.
(b) Quorum.--(1) Seven members of the Commission shall
constitute a quorum other than for the purpose of holding
hearings.
(2) The Commission shall act by resolution agreed to by a
majority of the members of the Commission.
(c) Commission.--The Commission may establish panels
composed of less than full membership of the Commission for the
purpose of carrying out the Commission's duties. The actions of
each such panel shall be subject to the review and control of
the Commission. Any findings and determinations made by such a
panel shall not be considered the findings and determinations
of the Commission unless approved by the Commission.
(d) Authority of Individuals To Act for Commission.--Any
member or agent of the Commission may, if authorized by the
Commission, take any action which the Commission is authorized
to take under this subtitle.
SEC. 1627. PERSONNEL MATTERS.
(a) Pay of Members.--Members of the Commission shall serve
without pay by reason of their work on the Commission.
(b) Travel Expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
(c) Staff.--(1) The chairman of the Commission may, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, appoint a
staff director and such additional personnel as may be
necessary to enable the Commission to perform its duties. The
appointment of a staff director shall be subject to the
approval of the Commission.
(2) The chairman of the Commission may fix the pay of the
staff director and other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the rate
of pay fixed under this paragraph for the staff director may
not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title and the rate of pay
for other personnel may not exceed the maximum rate payable for
grade GS-15 of the General Schedule.
(d) Detail of Government Employees.--Upon request of the
chairman of the Commission, the head of any Federal department
or agency may detail, on a nonreimbursable basis, any personnel
of that department or agency to the Commission to assist it in
carrying out its duties.
(e) Procurement of Temporary and Intermittent Services.--
The chairman of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the
daily equivalent of the annual rate of basic pay payable for
level V of the Executive Schedule under section 5316 of such
title.
SEC. 1628. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.
(a) Postal and Printing Services.--The Commission may use
the United States mails and obtain printing and binding
services in the same manner and under the same conditions as
other departments and agencies of the Federal Government.
(b) Miscellaneous Administrative and Support Services.--The
Secretary of Defense shall furnish the Commission, on a
reimbursable basis, any administrative and support services
requested by the Commission.
(c) National Security Information.--The Secretary of
Defense, in consultation with the Director of Central
Intelligence, shall assume responsibility for the handling and
disposition of national security information received and used
by the Commission.
SEC. 1629. FUNDING.
Funds for activities of the Commission shall be provided
from amounts appropriated for the Department of Defense for
operation and maintenance for Defense-wide activities for
fiscal year 2000. Upon receipt of a written certification from
the chairman of the Commission specifying the funds required
for the activities of the Commission, the Secretary of Defense
shall promptly disburse to the Commission, from such amounts,
the funds required by the Commission as stated in such
certification.
SEC. 1630. TERMINATION OF THE COMMISSION.
The Commission shall terminate 60 days after the date of
the submission of its report under section 1623.
TITLE XVII--TROOPS-TO-TEACHERS PROGRAM
Sec. 1701. Short title; definitions.
Sec. 1702. Authorization of Troops-to-Teachers Program.
Sec. 1703. Eligible members of the Armed Forces.
Sec. 1704. Selection of participants.
Sec. 1705. Stipend and bonus for participants.
Sec. 1706. Participation by States.
Sec. 1707. Termination of original program; transfer of functions.
Sec. 1708. Reporting requirements.
Sec. 1709. Funds for fiscal year 2000.
SEC. 1701. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This title may be cited as the ``Troops-
to-Teachers Program Act of 1999''.
(b) Definitions.--In this title:
(1) The term ``administering Secretary'', with
respect to the Troops-to-Teachers Program, means the
following:
(A) The Secretary of Defense with respect
to the Armed Forces (other than the Coast
Guard) for the period beginning on the date of
the enactment of this Act, and ending on the
date of the completion of the transfer of
responsibility for the Troops-to-Teachers
Program to the Secretary of Education under
section 1707.
(B) The Secretary of Transportation with
respect to the Coast Guard for the period
referred to in subparagraph (A).
(C) The Secretary of Education for any
period after the period referred to in
subparagraph (A).
(2) The term ``alternative certification or
licensure requirements'' means State or local teacher
certification or licensure requirements that permit a
demonstrated competence in appropriate subject areas
gained in careers outside of education to be
substituted for traditional teacher training course
work.
(3) The term ``member of the Armed Forces''
includes a former member of the Armed Forces.
(4) The term ``State'' includes the District of
Columbia, American Samoa, the Federated States of
Micronesia, Guam, the Republic of the Marshall Islands,
the Commonwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, the Republic of Palau, and
the United States Virgin Islands.
SEC. 1702. AUTHORIZATION OF TROOPS-TO-TEACHERS PROGRAM.
(a) Program Authorized.--The administering Secretary may
carry out a program (to be known as the ``Troops-to-Teachers
Program'')--
(1) to assist eligible members of the Armed Forces
after their discharge or release, or retirement, from
active duty to obtain certification or licensure as
elementary or secondary school teachers or as
vocational or technical teachers; and
(2) to facilitate the employment of such members by
local educational agencies identified under subsection
(b)(1).
(b) Identification of Local Educational Agencies With
Teacher Shortages.--(1) In carrying out the Troops-to-Teachers
Program, the administering Secretary shall periodically
identify local educational agencies that--
(A) are receiving grants under title I of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.) as a result of having within their
jurisdictions concentrations of children from low-
income families; or
(B) are experiencing a shortage of qualified
teachers, in particular a shortage of science,
mathematics, special education, or vocational or
technical teachers.
(2) The administering Secretary may identify local
educational agencies under paragraph (1) through surveys
conducted for that purpose or by using information on local
educational agencies that is available to the administering
Secretary from other sources.
(c) Identification of States With Alternative Certification
Requirements.--In carrying out the Troops-to-Teachers Program,
the administering Secretary shall also conduct a survey of
States to identify those States that have alternative
certification or licensure requirements for teachers, including
those States that grant credit for service in the Armed Forces
toward satisfying certification or licensure requirements for
teachers.
(d) Limitation on Use of Funds for Management
Infrastructure.--The administering Secretary may utilize not
more than five percent of the funds available to carry out the
Troops-to-Teachers Program for a fiscal year for purposes of
establishing and maintaining the management infrastructure
necessary to support the program.
SEC. 1703. ELIGIBLE MEMBERS OF THE ARMED FORCES.
(a) Eligible Members.--Subject to subsection (c), the
following members of the Armed Forces shall be eligible for
selection to participate in the Troops-to-Teachers Program:
(1) Any member who--
(A) during the period beginning on October
1, 1990, and ending on September 30, 1999, was
involuntarily discharged or released from
active duty for purposes of a reduction of
force after six or more years of continuous
active duty immediately before the discharge or
release; and
(B) satisfies such other criteria for
selection as the administering Secretary may
prescribe.
(2) Any member who applied for the teacher
placement program administered under section 1151 of
title 10, United States Code, as in effect before its
repeal by section 1707, and who satisfies the
eligibility criteria specified in subsection (c) of
such section 1151.
(3) Any member who--
(A) on or after October 1, 1999, becomes
entitled to retired or retainer pay in the
manner provided in title 10 or title 14, United
States Code;
(B) has the educational background required
by subsection (b); and
(C) satisfies the criteria prescribed under
paragraph (1)(B).
(b) Educational Background.--(1) In the case of a member of
the Armed Forces described in subsection (a)(3) who is applying
for assistance for placement as an elementary or secondary
school teacher, the administering Secretary shall require the
member to have received a baccalaureate or advanced degree from
an accredited institution of higher education.
(2) In the case of a member described in subsection (a)(3)
who is applying for assistance for placement as a vocational or
technical teacher, the administering Secretary shall require
the member--
(A) to have received the equivalent of one year of
college from an accredited institution of higher
education and have 10 or more years of military
experience in a vocational or technical field; or
(B) to otherwise meet the certification or
licensure requirements for a vocational or technical
teacher in the State in which the member seeks
assistance for placement under the program.
(c) Ineligible Members.--A member of the Armed Forces
described in subsection (a) is eligible to participate in the
Troops-to-Teachers Program only if the member's last period of
service in the Armed Forces was characterized as honorable.
(d) Information Regarding Program.--(1) The administering
Secretary shall provide information regarding the Troops-to-
Teachers Program, and make applications for the program
available, to members of the Armed Forces as part of
preseparation counseling provided under section 1142 of title
10, United States Code.
(2) The information provided to members shall--
(A) indicate the local educational agencies
identified under section 1702(b); and
(B) identify those States surveyed under section
1702(c) that have alternative certification or
licensure requirements for teachers, including those
States that grant credit for service in the Armed
Forces toward satisfying such requirements.
SEC. 1704. SELECTION OF PARTICIPANTS.
(a) Submission of Applications.--Selection of eligible
members of the Armed Forces to participate in the Troops-to-
Teachers Program shall be made on the basis of applications
submitted to the administering Secretary on a timely basis. An
application shall be in such form and contain such information
as the administering Secretary may require.
(b) Timely Applications.--An application shall be
considered to be submitted on a timely basis if the application
is submitted as follows:
(1) In the case of a member of the Armed Forces who
is eligible under section 1703(a)(1) or 1703(a)(2), not
later than September 30, 2003.
(2) In the case of a member who is eligible under
section 1703(a)(3), not later than four years after the
date on which the member first receives retired or
retainer pay under title 10 or title 14, United States
Code.
(c) Selection Priorities.--In selecting eligible members of
the Armed Forces to receive assistance for placement as
elementary or secondary school teachers or vocational or
technical teachers, the administering Secretary shall give
priority to members who--
(1) have educational or military experience in
science, mathematics, special education, or vocational
or technical subjects and agree to seek employment as
science, mathematics, or special education teachers in
elementary or secondary schools or in other schools
under the jurisdiction of a local educational agency;
or
(2) have educational or military experience in
another subject area identified by the administering
Secretary, in consultation with the National Governors
Association, as important for national educational
objectives and agree to seek employment in that subject
area in elementary or secondary schools.
(d) Selection Subject to Funding.--The administering
Secretary may not select a member of the Armed Forces to
participate in the Troops-to-Teachers Program unless the
administering Secretary has sufficient appropriations for the
program available at the time of the selection to satisfy the
obligations to be incurred by the United States under section
1705 with respect to that member.
(e) Participation Agreement.--A member of the Armed Forces
selected to participate in the Troops-to-Teachers Program shall
be required to enter into an agreement with the administering
Secretary in which the member agrees--
(1) to obtain, within such time as the
administering Secretary may require, certification or
licensure as an elementary or secondary school teacher
or vocational or technical teacher; and
(2) to accept an offer of full-time employment as
an elementary or secondary school teacher or vocational
or technical teacher for not less than four school
years with a local educational agency identified under
section 1702, to begin the school year after obtaining
that certification or licensure.
(f) Exceptions to Violation Determination.--A participant
in the Troops-to-Teachers Program shall not be considered to be
in violation of an agreement entered into under subsection (e)
during any period in which the participant--
(1) is pursuing a full-time course of study related
to the field of teaching at an eligible institution;
(2) is serving on active duty as a member of the
Armed Forces;
(3) is temporarily totally disabled for a period of
time not to exceed three years as established by sworn
affidavit of a qualified physician;
(4) is unable to secure employment for a period not
to exceed 12 months by reason of the care required by a
spouse who is disabled;
(5) is seeking and unable to find full-time
employment as a teacher in an elementary or secondary
school or as a vocational or technical teacher for a
single period not to exceed 27 months; or
(6) satisfies the provisions of additional
reimbursement exceptions that may be prescribed by the
administering Secretary.
SEC. 1705. STIPEND AND BONUS FOR PARTICIPANTS.
(a) Stipend Authorized.--(1) Subject to paragraph (2), the
administering Secretary shall pay to each participant in the
Troops-to-Teachers Program a stipend in an amount equal to
$5,000.
(2) The total number of stipends that may be paid under
paragraph (1) in any fiscal year may not exceed 3,000.
(b) Bonus Authorized.--(1) Subject to paragraph (2), the
administering Secretary may, in lieu of paying a stipend under
subsection (a), pay a bonus of $10,000 to each participant in
the Troops-to-Teachers Program who agrees under section 1704(e)
to accept full-time employment as an elementary or secondary
school teacher or vocational or technical teacher for not less
than four years in a high need school.
(2) The total number of bonuses that may be paid under
paragraph (1) in any fiscal year may not exceed 1,000.
(3) In this subsection, the term ``high need school'' means
an elementary school or secondary school that meets one or more
of the following criteria:
(A) The school has a drop out rate that exceeds the
national average school drop out rate.
(B) The school has a large percentage of students
(as determined by the Secretary of Education in
consultation with the National Assessment Governing
Board) who speak English as a second language.
(C) The school has a large percentage of students
(as so determined) who are at risk of educational
failure by reason of limited proficiency in English,
poverty, race, geographic location, or economic
circumstances.
(D) At least one-half of the students of the school
are from families with an income below the poverty line
(as that term is defined by the Office of Management
and Budget and revised annually in accordance with
section 673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2)) applicable to a family of the
size involved.
(E) The school has a large percentage of students
(as so determined) who qualify for assistance under
part B of the Individuals with Disabilities Education
Act (20 U.S.C. 1411 et seq.).
(F) The school meets any other criteria established
by the administering Secretary in consultation with the
National Assessment Governing Board.
(c) Treatment of Stipend and Bonus.--Stipends and bonuses
paid under this section shall be taken into account in
determining the eligibility of the participant concerned for
Federal student financial assistance provided under title IV of
the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
(d) Reimbursement Under Certain Circumstances.--(1) If a
participant in the Troops-to-Teachers Program fails to obtain
teacher certification or licensure or employment as an
elementary or secondary school teacher or vocational or
technical teacher as required by the agreement under section
1704(e) or voluntarily leaves, or is terminated for cause, from
the employment during the four years of required service in
violation of the agreement, the participant shall be required
to reimburse the administering Secretary for any stipend paid
to the participant under subsection (a) in an amount that bears
the same ratio to the amount of the stipend as the unserved
portion of required service bears to the four years of required
service.
(2) If a participant in the Troops-to-Teachers Program who
is paid a bonus under subsection (b) fails to obtain employment
for which the bonus was paid as required by the agreement under
section 1704(e), or voluntarily leaves or is terminated for
cause from the employment during the four years of required
service in violation of the agreement, the participant shall be
required to reimburse the administering Secretary for any bonus
paid to the participant under that subsection in an amount that
bears the same ratio to the amount of the bonus as the unserved
portion of required service bears to the four years of required
service.
(3) The obligation to reimburse the administering Secretary
under this subsection is, for all purposes, a debt owing the
United States. A discharge in bankruptcy under title 11, United
States Code, shall not release a participant from the
obligation to reimburse the administering Secretary.
(4) Any amount owed by a participant under this subsection
shall bear interest at the rate equal to the highest rate being
paid by the United States on the day on which the reimbursement
is determined to be due for securities having maturities of
ninety days or less and shall accrue from the day on which the
participant is first notified of the amount due.
(e) Exceptions to Reimbursement Requirement.--A participant
in the Troops-to-Teachers Program shall be excused from
reimbursement under subsection (d) if the participant becomes
permanently totally disabled as established by sworn affidavit
of a qualified physician. The administering Secretary may also
waive reimbursement in cases of extreme hardship to the
participant, as determined by the administering Secretary.
(f) Relationship to Educational Assistance Under Montgomery
GI Bill.--The receipt by a participant in the Troops-to-
Teachers Program of any assistance under the program shall not
reduce or otherwise affect the entitlement of the participant
to any benefits under chapter 30 of title 38, United States
Code, or chapter 1606 of title 10, United States Code.
SEC. 1706. PARTICIPATION BY STATES.
(a) Discharge of State Activities Through Consortia of
States.--The administering Secretary may permit States
participating in the Troops-to-Teachers Program to carry out
activities authorized for such States under the program through
one or more consortia of such States.
(b) Assistance to States.--(1) Subject to paragraph (2),
the administering Secretary may make grants to States
participating in the Troops-to-Teachers Program, or to
consortia of such States, in order to permit such States or
consortia of States to operate offices for purposes of
recruiting eligible members of the Armed Forces for
participation in the program and facilitating the employment of
participants in the program in schools in such States or
consortia of States.
(2) The total amount of grants under paragraph (1) in any
fiscal year may not exceed $4,000,000.
SEC. 1707. TERMINATION OF ORIGINAL PROGRAM; TRANSFER OF FUNCTIONS.
(a) Termination.--(1) Section 1151 of title 10, United
States Code, is repealed.
(2) The table of sections at the beginning of chapter 58 of
such title is amended by striking the item relating to section
1151.
(3) The repeal of such section shall not affect the
validity or terms of any agreement entered into before the date
of the enactment of this Act under subsection (f) of such
section, or to pay assistance, make grants, or obtain
reimbursement in connection with such an agreement under
subsections (g), (h), and (i) of such section, as in effect
before its repeal.
(b) Transfer of Functions.--(1) The Secretary of Defense,
the Secretary of Transportation, and the Secretary of Education
shall provide for the transfer to the Secretary of Education of
any on-going functions and responsibilities of the Secretary of
Defense and the Secretary of Transportation with respect to--
(A) the program authorized by section 1151 of title
10, United States Code, before its repeal by subsection
(a)(1); and
(B) the Troops-to-Teachers Program for the period
beginning on the date of the enactment of this Act and
ending on September 30, 2000.
(2) The Secretaries referred to in paragraph (1) shall
complete the transfer under such paragraph not later than
October 1, 2000.
(3) After completion of the transfer, the Secretary of
Education shall discharge that Secretary's functions and
responsibilities with respect to the program in consultation
with the Secretary of Defense and the Secretary of
Transportation with respect to the Coast Guard.
SEC. 1708. REPORTING REQUIREMENTS.
(a) Report Required.--Not later than March 31, 2001, the
Secretary of Education (in consultation with the Secretary of
Defense and the Secretary of Transportation) and the
Comptroller General shall each submit to Congress a report on
the effectiveness of the Troops-to-Teachers Program in the
recruitment and retention of qualified personnel by local
educational agencies identified under section 1702(b).
(b) Elements of Report.--The report under subsection (a)
shall include information on the following:
(1) The number of participants in the Troops-to-
Teachers Program.
(2) The schools in which such participants are
employed.
(3) The grade levels at which such participants
teach.
(4) The subject matters taught by such
participants.
(5) The effectiveness of the teaching of such
participants, as indicated by any relevant test scores
of the students of such participants.
(6) The extent of any academic improvement in the
schools in which such participants teach by reason of
their teaching.
(7) The rates of retention of such participants by
the local educational agencies employing such
participants.
(8) The effect of any stipends or bonuses under
section 1705 in enhancing participation in the program
or in enhancing recruitment or retention of
participants in the program by the local educational
agencies employing such participants.
(9) Such other matters as the Secretary of
Education or the Comptroller General, as the case may
be, considers appropriate.
(c) Recommendations.--The report of the Comptroller General
under this section shall also include any recommendations of
the Comptroller General as to means of improving the Troops-to-
Teachers Program, including means of enhancing the recruitment
and retention of participants in the program.
SEC. 1709. FUNDS FOR FISCAL YEAR 2000.
Of the amount authorized to be appropriated by section 301
for operation and maintenance for fiscal year 2000, $3,000,000
shall be available for purposes of carrying out the Troops-to-
Teachers Program.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2000''.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real property
and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Alabama...................... Redstone Arsenal........ $9,800,000
Alaska....................... Fort Richardson......... $14,600,000
Fort Wainwright......... $34,800,000
Arkansas..................... Pine Bluff Arsenal...... $18,000,000
California................... Fort Irwin.............. $32,400,000
Presidio of Monterey.... $7,100,000
Colorado..................... Fort Carson............. $4,400,000
Peterson Air Force Base. $25,000,000
District of Columbia......... Fort McNair............. $1,250,000
Walter Reed Medical $6,800,000
Center.
Georgia...................... Fort Benning............ $48,400,000
Fort Stewart............ $71,700,000
Hawaii....................... Schofield Barracks...... $95,000,000
Kansas....................... Fort Leavenworth........ $34,100,000
Fort Riley.............. $27,000,000
Kentucky..................... Blue Grass Army Depot... $6,000,000
Fort Campbell........... $56,900,000
Fort Knox............... $1,300,000
Louisiana.................... Fort Polk............... $6,700,000
Maryland..................... Fort Meade.............. $22,450,000
Massachusetts................ Westover Air Reserve $4,000,000
Base.
Missouri..................... Fort Leonard Wood....... $27,100,000
New York..................... Fort Drum............... $23,000,000
Nevada....................... Hawthorne Army Depot.... $1,700,000
North Carolina............... Fort Bragg.............. $125,400,000
Sunny Point Military $3,800,000
Ocean Terminal.........
Oklahoma..................... Fort Sill............... $33,200,000
McAlester Army $16,600,000
Ammunition.
Pennsylvania................. Carlisle Barracks....... $5,000,000
Letterkenny Army Depot.. $3,650,000
South Carolina............... Fort Jackson............ $7,400,000
Texas........................ Fort Bliss.............. $52,350,000
Fort Hood............... $84,500,000
Virginia..................... Fort Belvoir............ $3,850,000
Fort Eustis............. $43,800,000
Fort Myer............... $2,900,000
Fort Story.............. $8,000,000
Washington................... Fort Lewis.............. $23,400,000
CONUS Various................ CONUS Various........... $36,400,000
----------------
Total................. $1,029,750,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real property
and carry out military construction projects for the locations
outside the United States, and in the amounts, set forth in the
following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Korea........................ Camp Casey............... $31,000,000
Camp Howze............... $3,050,000
Camp Stanley............. $3,650,000
---------------
Total.................. $37,700,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations in
section 2104(a)(5)(A), the Secretary of the Army may construct
or acquire family housing units (including land acquisition) at
the installations, for the purposes, and in the amounts set
forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Korea................................. Camp Humphreys........... 60 Units..................... $24,000,000
Virginia.............................. Fort Lee................. 46 Units..................... $8,000,000
Washington............................ Fort Lewis............... 48 Units..................... $9,000,000
---------------
Total...................... $41,000,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of
family housing units in an amount not to exceed $4,300,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization of
appropriations in sections 2104(a)(5)(A), the Secretary of the
Army may improve existing military family housing units in an
amount not to exceed $35,400,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1999, for military construction, land acquisition, and military
family housing functions of the Department of the Army in the
total amount of $2,353,231,000 as follows:
(1) For military construction projects inside the
United States authorized by section 2101(a),
$930,058,000.
(2) For military construction projects outside the
United States authorized by section 2101(b),
$37,700,000.
(3) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $9,500,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10,
United States Code, $91,414,000.
(5) For military family housing functions:
(A) For construction and acquisition,
planning and design, and improvement of
military family housing and facilities,
$80,700,000.
(B) For support of military family housing
(including the functions described in section
2833 of title 10, United States Code),
$1,089,812,000.
(6) For the construction of the United States
Disciplinary Barracks, Fort Leavenworth, Kansas,
authorized in section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 1998
(division B of Public Law 105-85; 111 Stat. 1967),
$18,800,000.
(7) For the construction of the force XXI soldier
development center, Fort Hood, Texas, authorized in
section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 1998 (division B of
Public Law 105-85; 111 Stat. 1966), $14,000,000.
(8) For the construction of the railhead facility,
Fort Hood, Texas, authorized in section 2101(a) of the
Military Construction Authorization Act for Fiscal Year
1999 (division B of Public Law 105-261; 112 Stat.
2182), $14,800,000.
(9) For the construction of the cadet development
center, United States Military Academy, West Point, New
York, authorized in section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105-261; 112 Stat. 2182),
$28,500,000.
(10) For the construction of the whole barracks
complex renewal, Fort Campbell, Kentucky, authorized in
section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of
Public Law 105-261; 112 Stat. 2182), $32,000,000.
(11) For the construction of the multi-purpose
digital training range, Fort Knox, Kentucky, authorized
in section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of
Public Law 105-261; 112 Stat. 2182), $16,000,000.
(12) For the construction of the power plant, Roi
Namur Island, Kwajalein Atoll, Kwajalein, authorized in
section 2101(b) of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of
Public Law 105-261; 112 Stat. 2183), $35,400,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2101 of this Act may not exceed--
(1) the total amount authorized to be appropriated
under paragraphs (1) and (2) of subsection (a);
(2) $46,000,000 (the balance of the amount
authorized under section 2101(a) for the construction
of the whole barracks complex renewal at Schofield
Barracks, Hawaii);
(3) $22,000,000 (the balance of the amount
authorized under section 2101(a) for the construction
of the whole barracks complex renewal at Fort Bragg,
North Carolina);
(4) $10,000,000 (the balance of the amount
authorized under section 2101(a) for the construction
of tank trail erosion mitigation at the Yakima Training
Center, Fort Lewis, Washington);
(5) $10,100,000 (the balance of the amount
authorized under section 2101(a) for the construction
of a tactical equipment shop at Fort Sill, Oklahoma);
(6) $2,592,000 (the balance of the amount
authorized under section 2101(a) for the construction
of the chemical defense qualification facility at Pine
Bluff Arsenal, Arkansas); and
(7) $9,000,000 (the balance of the amount
authorized under section 2101(a) for the construction
of the whole barracks renovation at Fort Riley,
Kansas).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (12) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by--
(1) $41,953,000, which represents the combination
of project savings in military construction resulting
from favorable bids, reduced overhead charges, and
cancellations due to force structure changes; and
(2) $3,500,000, which represents the combination of
savings in military family housing support resulting
from favorable bids, reduced overhead costs, and
cancellations due to force structure changes.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out fiscal year 1997
project.
Sec. 2206. Authorization to accept electrical substation improvements,
Guam.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), the Secretary of the Navy may acquire real property
and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Arizona...................... Marine Corps Air Station, $17,020,000
Yuma. $7,560,000
Navy Detachment, Camp
Navajo.
California................... Marine Corps Air-Ground $34,760,000
Combat Center,
Twentynine Palms........
Marine Corps Base, Camp $38,460,000
Pendleton...............
Marine Corps Logistics $4,670,000
Base, Barstow...........
Marine Corps Recruit $3,200,000
Depot, San Diego........
Naval Air Station, $24,020,000
Lemoore.
Naval Air Station, North $54,420,000
Island.
Naval Air Warfare Center, $4,000,000
China Lake..............
Naval Air Warfare Center, $7,070,000
Corona.
Naval Hospital, San Diego $21,590,000
Naval Hospital, $7,640,000
Twentynine Palms.
Naval Postgraduate School $5,100,000
Florida...................... Naval Air Station, $5,350,000
Whiting Field, Milton...
Naval Station, Mayport... $9,560,000
Georgia...................... Marine Corps Logistics $6,260,000
Base, Albany............
Hawaii....................... Camp H.M. Smith.......... $86,050,000
Marine Corps Air Station, $5,790,000
Kaneohe Bay.............
Naval Shipyard, Pearl $10,610,000
Harbor.
Naval Station, Pearl $18,600,000
Harbor.
Naval Submarine Base, $29,460,000
Pearl Harbor............
Idaho........................ Naval Surface Warfare $10,040,000
Center, Bayview.........
Illinois..................... Naval Training Center, $57,290,000
Great Lakes.
Indiana...................... Naval Surface Warfare $7,270,000
Center, Crone...........
Maine........................ Naval Air Station, $16,890,000
Brunswick.
Maryland..................... Naval Air Warfare Center, $4,560,000
Patuxent River..........
Naval Surface Warfare $10,070,000
Center, Indian Head.....
Mississippi.................. Naval Air Station, $7,280,000
Meridian................
Naval Construction $19,170,000
Battalion Center
Gulfport................
New Jersey................... Naval Air Warfare Center $15,710,000
Aircraft Division,
Lakehurst...............
North Carolina............... Marine Corps Air Station, $5,470,000
New River...............
Marine Corps Base, Camp $21,380,000
Lejeune.................
Pennsylvania................. Navy Ships Parts Control $2,990,000
Center, Mechanicsburg...
Norfolk Naval Shipyard $13,320,000
Detachment, Philadelphia
South Carolina............... Naval Weapons Station, $7,640,000
Charleston. $18,290,000
Marine Corps Air Station,
Beaufort.
Texas........................ Naval Station, Ingleside. $11,780,000
Virginia..................... Marine Corps Combat $20,820,000
Development Command,
Quantico................
Naval Air Station, Oceana $11,490,000
Naval Shipyard, Norfolk.. $17,630,000
Naval Station, Norfolk... $69,550,000
Naval Weapons Station, $25,040,000
Yorktown.
Tactical Training Group $10,310,000
Atlantic, Dam Neck......
Washington................... Naval Ordnance Center $3,440,000
Pacific Division
Detachment, Port Hadlock
Naval Undersea Warfare $6,700,000
Center, Keyport.........
Puget Sound Naval $15,610,000
Shipyard, Bremerton.....
Strategic Weapons $6,300,000
Facility Pacific,
Bremerton...............
---------------
Total.................. $817,230,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real property
and carry out military construction projects for the locations
outside the United States, and in the amounts, set forth in the
following table:
Navy: Outside the United States
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Bahrain...................... Administrative Support $83,090,000
Unit,.
Diego Garcia................. Naval Support Facility, $8,150,000
Diego Garcia............
---------------
Total.................. $91,240,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations in
section 2204(a)(5)(A), the Secretary of the Navy may construct
or acquire family housing units (including land acquisition) at
the installations, for the purposes, and in the amounts set
forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona................................ Marine Corps Air Station, 49 Units.................. $8,500,000
Yuma......................
California............................. Naval Air Station, Lemoore. 116 Units................. $20,188,000
Hawaii................................. Marine Corps Air Station, 100 Units................. $26,615,000
Kaneohe Bay...............
Marine Corps Base, Hawaii.. 30 Units.................. $8,000,000
Naval Base Pearl Harbor.... 133 Units................. $30,168,000
Naval Base Pearl Harbor.... 96 Units.................. $19,167,000
North Carolina......................... Marine Corps Air Station, 180 Units................. $22,036,000
Cherry Point..............
---------------
Total................... $134,674,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriation in section
2204(a)(5)(A), the Secretary of the Navy may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of
military family housing units in an amount not to exceed
$17,715,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a)(5)(A), the Secretary of the
Navy may improve existing military family housing units in an
amount not to exceed $181,882,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1999, for military construction, land acquisition, and military
family housing functions of the Department of the Navy in the
total amount of $2,108,087,000 as follows:
(1) For military construction projects inside the
United States authorized by section 2201(a),
$733,390,000.
(2) For military construction projects outside the
United States authorized by section 2201(b),
$91,240,000.
(3) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $7,342,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10,
United States Code, $71,911,000.
(5) For military family housing functions:
(A) For construction and acquisition,
planning and design, and improvement of
military family housing and facilities,
$334,271,000.
(B) For support of military housing
(including functions described in section 2833
of title 10, United States Code), $895,070,000.
(6) For the construction of the berthing wharf,
Naval Station Norfolk, Virginia, authorized by section
2201(a) of the Military Construction Authorization Act
for Fiscal Year 1999 (division B of Public Law 105-261;
112 Stat. 2187), $12,690,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2201 of this Act may not exceed--
(1) the total amount authorized to be appropriated
under paragraphs (1) and (2) of subsection (a);
(2) $13,660,000 (the balance of the amount
authorized under section 2201(a) for the construction
of a berthing wharf at Naval Air Station, North Island,
California); and
(3) $70,180,000 (the balance of the amount
authorized under section 2201(a) for the construction
of the Commander-in-Chief Headquarters, Pacific
Command, Camp H.M. Smith, Hawaii).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (6) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by--
(1) $33,227,000, which represents the combination
of project savings in military construction resulting
from favorable bids, reduced overhead charges, and
cancellations due to force structure changes;
(2) $1,000,000, which represents the combination of
project savings in military family housing construction
resulting from favorable bids, reduced overhead costs,
and cancellations due to force structure changes; and
(3) $3,600,000, which represents the combination of
savings in military family housing support resulting
from favorable bids, reduced overhead costs, and
cancellations due to force structure changes.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 1997
PROJECT.
The table in section 2202(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public
Law 104-201; 110 Stat. 2768) is amended in the item relating to
Naval Air Station Brunswick, Maine, by striking ``92 Units'' in
the purpose column and inserting ``72 Units''.
SEC. 2206. AUTHORIZATION TO ACCEPT ELECTRICAL SUBSTATION IMPROVEMENTS,
GUAM.
The Secretary of the Navy may accept from the Guam Power
Authority various improvements to electrical transformers at
the Agana and Harmon Substations in Guam, which are valued at
approximately $610,000 and are to be performed in accordance
with plans and specifications acceptable to the Secretary.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Alabama...................... Maxwell Air Force Base... $10,600,000
Alaska....................... Eielson Air Force Base... $24,100,000
Elmendorf Air Force Base. $42,300,000
Arizona...................... Davis-Monthan Air Force $7,800,000
Base.
Arkansas..................... Little Rock Air Force $7,800,000
Base.
California................... Beale Air Force Base..... $8,900,000
Edwards Air Force Base... $5,500,000
Travis Air Force Base.... $11,200,000
Colorado..................... Peterson Air Force Base.. $40,000,000
Schriever Air Force Base. $16,100,000
U.S. Air Force Academy... $17,500,000
CONUS Classified............. Classified Location...... $16,870,000
Delaware..................... Dover Air Force Base..... $12,000,000
Florida...................... Eglin Air Force Base..... $18,300,000
Eglin Auxiliary Field 9.. $18,800,000
MacDill Air Force Base... $5,500,000
Patrick Air Force Base... $17,800,000
Tyndall Air Force Base... $10,800,000
Georgia...................... Fort Benning............. $3,900,000
Moody Air Force Base..... $5,950,000
Robins Air Force Base.... $3,350,000
Hawaii....................... Hickam Air Force Base.... $3,300,000
Idaho........................ Mountain Home Air Force $17,000,000
Base.
Kansas....................... McConnell Air Force Base. $9,600,000
Kentucky..................... Fort Campbell............ $6,300,000
Maryland..................... Andrews Air Force Base... $9,900,000
Massachusetts................ Hanscom Air Force Base... $16,000,000
Mississippi.................. Columbus Air Force Base.. $2,600,000
Keesler Air Force Base... $35,900,000
Missouri..................... Whiteman Air Force Base.. $24,900,000
Montana...................... Malmstrom Air Force Base. $11,600,000
Nebraska..................... Offutt Air Force Base.... $8,300,000
Nevada....................... Nellis Air Force Base.... $30,200,000
New Jersey................... McGuire Air Force Base... $11,800,000
New Mexico................... Cannon Air Force Base.... $8,100,000
New York..................... Rome Research Site....... $12,800,000
New Mexico................... Kirtland Air Force Base.. $14,000,000
North Carolina............... Fort Bragg............... $4,600,000
Pope Air Force Base...... $7,700,000
North Dakota................. Grand Forks Air Force $9,500,000
Base.
Ohio......................... Wright-Patterson Air $39,700,000
Force Base.
Oklahoma..................... Tinker Air Force Base.... $34,800,000
Vance Air Force Base..... $12,600,000
South Carolina............... Charleston Air Force Base $18,200,000
South Dakota................. Ellsworth Air Force Base. $10,200,000
Tennessee.................... Arnold Air Force Base.... $7,800,000
Texas........................ Dyess Air Force Base..... $5,400,000
Lackland Air Force Base.. $13,400,000
Laughlin Air Force Base.. $3,250,000
Randolph Air Force Base.. $3,600,000
Utah......................... Hill Air Force Base...... $4,600,000
Virginia..................... Langley Air Force Base... $6,300,000
Washington................... Fairchild Air Force Base. $13,600,000
McChord Air Force Base... $7,900,000
---------------
Total.................. $730,520,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(2), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Guam......................... Andersen Air Force Base.. $8,900,000
Korea........................ Osan Air Base............ $19,600,000
United Kingdom............... Ascension Island......... $2,150,000
---------------
Total.................. $30,650,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations in
section 2304(a)(5)(A), the Secretary of the Air Force may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in the
amounts set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State or country Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona............................... Davis-Monthan Air Force 64 Units..................... $10,000,000
Base....................
California............................ Beale Air Force Base..... 60 Units..................... $8,500,000
Edwards Air Force Base... 188 Units.................... $32,790,000
Vandenberg Air Force Base 91 Units..................... $16,800,000
District of Columbia.................. Bolling Air Force Base... 72 Units..................... $9,375,000
Florida............................... Eglin Air Force Base..... 130 Units.................... $14,080,000
MacDill Air Force Base... 54 Units..................... $9,034,000
Kansas................................ McConnell Air Force Base. Safety Improvements.......... $1,363,000
Mississippi........................... Columbus Air Force Base.. 100 Units.................... $12,290,000
Montana............................... Malmstrom Air Force Base. 34 Units..................... $7,570,000
Nebraska.............................. Offutt Air Force Base.... 72 Units..................... $12,352,000
New Mexico............................ Hollomon Air Force Base.. 76 Units..................... $9,800,000
North Carolina........................ Seymour Johnson Air Force 78 Units..................... $12,187,000
Base....................
North Dakota.......................... Grand Forks Air Force 42 Units..................... $10,050,000
Base....................
Minot Air Force Base..... 72 Units..................... $10,756,000
Oklahoma.............................. Tinker Air Force Base.... 41 Units..................... $6,000,000
Texas................................. Lackland Air Force Base.. 48 Units..................... $7,500,000
Portugal.............................. Lajes Field, Azores...... 75 Units..................... $12,964,000
---------------
Total...................... $203,411,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(5)(A), the Secretary of the Air Force may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of
military family housing units in an amount not to exceed
$17,093,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, Uniteds States Code,
and using amounts appropriated pursuant to the authorization of
appropriations in section 2304(a)(5)(A), the Secretary of the
Air Force may improve existing military family housing units in
an amount not to exceed $129,952,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1999, for military construction, land acquisition, and military
family housing functions of the Department of the Air Force in
the total amount of $1,948,052,000 as follows:
(1) For military construction projects inside the
United States authorized by section 2301(a),
$730,520,000.
(2) For military construction projects outside the
United States authorized by section 2301(b),
$30,650,000.
(3) For unspecified minor construction projects
authorized by section 2805 of title 10, United States
Code, $8,741,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10,
United States Code, $36,104,000.
(5) For military housing functions:
(A) For construction and acquisition,
planning and design, and improvement of
military family housing and facilities,
$350,456,000.
(B) For support of military family housing
(including functions described in section 2833
of title 10, United States Code), $821,892,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2301 of this Act may not exceed the total amount
authorized to be appropriated under paragraphs (1) and (2) of
subsection (a).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (5) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by--
(1) $25,811,000, which represents the combination
of project savings in military construction resulting
from favorable bids, reduced overhead charges, and
cancellations due to force structure changes;
(2) $1,000,000, which represents the combination of
project savings in military family housing construction
resulting from favorable bids, reduced overhead costs,
and cancellations due to force structure changes; and
(3) $3,500,000, which represents the combination of
savings in military family housing support resulting
from favorable bids, reduced overhead costs, and
cancellations due to force structure changes.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Military housing improvement program.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Increase in fiscal year 1997 authorization for military
construction projects at Pueblo Chemical Activity, Colorado.
Sec. 2407. Condition on obligation of military construction funds for
drug interdiction and counter-drug activities.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(1), the Secretary of Defense may acquire real property
and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Agency Installation or location Amount
------------------------------------------------------------------------
Chemical Demilitarization.... Blue Grass Army Depot, $206,800,000
Kentucky................
Defense Education Activity... Laurel Bay, South $2,874,000
Carolina................
Marine Corps Base, Camp $10,570,000
LeJeune, North Carolina.
Defense Logistics Agency..... Defense Distribution New $5,000,000
Cumberland, Pennsylvania
Elmendorf Air Force Base, $23,500,000
Alaska..................
Eielson Air Force Base, $26,000,000
Alaska.
Fairchild Air Force Base, $12,400,000
Washington..............
Various Locations........ $1,300,000
Defense Manpower Data Center. Presidio, Monterey, $28,000,000
California..............
National Security Agency..... Fort Meade, Maryland..... $2,946,000
Special Operations Command... Fleet Combat Training $4,700,000
Center, Dam Neck,
Virginia................
Fort Benning, Georgia.... $10,200,000
Fort Bragg, North $20,100,000
Carolina.
Mississippi Army $9,600,000
Ammunition Plant,
Mississippi.............
Naval Amphibious Base, $6,000,000
Coronado, California....
TRICARE Management Agency.... Andrews Air Force Base, $3,000,000
Maryland................
Cheatham Annex, Virginia. $1,650,000
Davis-Monthan Air Force $10,000,000
Base, Arizona...........
Fort Lewis, Washington... $5,500,000
Fort Riley, Kansas....... $6,000,000
Fort Sam Houston, Texas.. $5,800,000
Fort Wainwright, Alaska.. $133,000,000
Los Angeles Air Force $13,600,000
Base, California........
Marine Corps Air Station, $3,500,000
Cherry Point, North
Carolina................
Moody Air Force Base, $1,250,000
Georgia.
Naval Air Station, $3,780,000
Jacksonville, Florida...
Naval Air Station, $4,050,000
Norfolk, Virginia.
Naval Air Station, $4,150,000
Patuxent River, Maryland
Naval Air Station, $4,300,000
Pensacola, Florida......
Naval Air Station, $4,700,000
Whidbey Island,
Washington..............
Patrick Air Force Base, $1,750,000
Florida.
Travis Air Force Base, $7,500,000
California.
Wright-Patterson Air $3,900,000
Force Base, Ohio........
---------------
Total.................. $587,420,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(2), the Secretary of Defense may acquire real property
and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Agency Installation or location Amount
------------------------------------------------------------------------
Drug Interdiction and Counter- Manta, Ecuador........... $32,000,000
Drug Activities.............
Defense Education Activity... Andersen Air Force Base, $44,170,000
Guam....................
Defense Logistics Agency..... Andersen Air Force Base, $24,300,000
Guam....................
Tri-Care Management Agency... Naval Security Group $4,000,000
Activity, Sabana Seca,
Puerto Rico.............
Yongsan, Korea........... $41,120,000
---------------
Total.................. $145,590,000
------------------------------------------------------------------------
SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization of
appropriation in section 2405(a)(8)(A), the Secretary of
Defense may improve existing military family housing units in
an amount not to exceed $50,000.
SEC. 2403. MILITARY HOUSING IMPROVEMENT PROGRAM.
Of the amount authorized to be appropriated by section
2405(a)(8)(C), $2,000,000 shall be available for credit to the
Department of Defense Family Housing Fund established by
section 2883(a)(1) of title 10, United States Code.
SEC. 2404. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(6), the Secretary of Defense
may carry out energy conservation projects under section 2865
of title 10, United States Code, in the amount of $1,268,000.
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
1999, for military construction, land acquisition, and military
family housing functions of the Department of Defense (other
than the military departments), in the total amount of
$1,362,185,000 as follows:
(1) For military construction projects inside the
United States authorized by section 2401(a),
$288,420,000.
(2) For military construction projects outside the
United States authorized by section 2401(b),
$145,590,000.
(3) For unspecified minor construction projects
under section 2805 of title 10, United States Code,
$18,618,000.
(4) For contingency construction projects of the
Secretary of Defense under section 2804 of title 10,
United States Code, $938,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10,
United States Code, $54,200,000.
(6) for energy Conservation projects authorized by
section 2404, $1,268,000.
(7) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101-
510; 10 U.S.C. 2687 note), $689,711,000.
(8) For military family housing functions:
(A) For improvement of military family
housing and facilities, $50,000.
(B) For support of military housing
(including functions described in section 2833
of title 10, United States Code), $41,440,000
of which not more than $35,639,000 may be
obligated or expended for the leasing of
military family housing units worldwide.
(C) For credit to the Department of Defense
Family Housing Improvement Fund as authorized
by section 2403 of this Act, $2,000,000.
(9) For the construction of the Ammunition
Demilitarization Facility, Anniston Army Depot,
Alabama, authorized in section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 1991
(division B of Public Law 101-510; 104 Stat. 1758),
section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 1992 and 1993
(division B of Public Law 102-190; 105 Stat. 1508),
section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 1993 (division B of
Public Law 102-484; 106 Stat. 2586), and section 2401
of the Military Construction Authorization Act for
Fiscal Year 1995 (division B of Public Law 103-337, 108
Stat. 3040), $7,000,000.
(10) For the construction of the Ammunition
Demilitarization Facility, Pine Bluff Arsenal,
Arkansas, authorized in section 2401 of Military
Construction Authorization Act for Fiscal Year 1995
(division B of Public Law 103-337; 108 Stat. 3040), as
amended by section 2407 of the National Defense
Authorization Act for Fiscal Year 1996 (division B of
Public Law 104-106; 110 Stat. 539), section 2408 of the
Military Construction Authorization Act for Fiscal Year
1998 (division B of Public Law 105-85; 111 Stat. 1982),
and section 2406 of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of
Public Law 105-261; 112 Stat. 2197), $61,800,000.
(11) For the construction of the Ammunition
Demilitarization Facility, Umatilla Army Depot, Oregon,
authorized in section 2401 of the Military Construction
Authorization Act for Fiscal Year 1995 (division B of
Public Law 103-337; 108 Stat. 3040), as amended by
section 2407 of the Military Construction Authorization
Act for Fiscal Year 1996 (division B of Public Law 104-
106; 110 Stat. 539), section 2408 of the Military
Construction Authorization Act for Fiscal Year 1998
(division B of Public Law 105-85; 111 Stat. 1982), and
section 2406 of the Military Construction Authorization
Act for Fiscal Year 1999 (division B of Public Law 105-
261; 112 Stat. 2197), $35,900,000.
(12) For the construction of the Ammunition
Demilitarization Facility, Aberdeen Proving Ground,
Maryland, authorized in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105-261; 112 Stat. 2193),
$66,600,000.
(13) For the construction of the Ammunition
Demilitarization Facility at Newport Army Depot,
Indiana, authorized in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105-261; 112 Stat. 2193),
$61,200,000.
(14) For the construction of the Ammunition
Demilitarization Facility, Pueblo Army Depot, Colorado,
authorized in section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1997
(division B of Public Law 104-201; 110 Stat. 2775), as
amended by section 2406 of this Act, $11,800,000.
(b) Limitation of Total Cost of Construction Projects.--
Notwithstanding the cost variation authorized by section 2853
of title 10, United States Code, and any other cost variations
authorized by law, the total cost of all projects carried out
under section 2401 of this Act may not exceed--
(1) the total amount authorized to be appropriated
under paragraphs (1) and (2) of subsection (a);
(2) $115,000,000 (the balance of the amount
authorized under section 2401(a) for the construction
of a replacement hospital at Fort Wainwright, Alaska);
and
(3) $184,000,000 (the balance of the amount
authorized under section 2401(a) for the construction
of a chemical demilitarization facility at Blue Grass
Army Depot, Kentucky).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (14) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by $124,350,000, which
represents the combination of project savings in military
construction resulting from favorable bids, reduced overhead
charges, and cancellations due to force structure changes, and
of such total reduction, $93,000,000 represents savings from
military construction for chemical demilitarization.
SEC. 2406. INCREASE IN FISCAL YEAR 1997 AUTHORIZATION FOR MILITARY
CONSTRUCTION PROJECTS AT PUEBLO CHEMICAL ACTIVITY,
COLORADO.
The table in section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public
Law 104-201; 110 Stat. 2775) is amended--
(1) in the item relating to Pueblo Chemical
Activity, Colorado, under the agency heading relating
to Chemical Demilitarization Program, by striking
``$179,000,000'' in the amount column and inserting
``$203,500,000''; and
(2) by striking the amount identified as the total
in the amount column and inserting ``$549,954,000''.
(b) Conforming Amendment.--Section 2406(b)(2) of that Act
(110 Stat. 2779) is amended by striking ``$179,000,000'' and
inserting ``$203,500,000''.
SEC. 2407. CONDITION ON OBLIGATION OF MILITARY CONSTRUCTION FUNDS FOR
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES.
In addition to the conditions specified in section 1024 on
the development of forward operating locations for United
States Southern Command counter-drug detection and monitoring
flights, amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(2) for the projects set forth
in the table in section 2401(b) under the heading ``Drug
Interdiction and Counter-Drug Activities'' may not be obligated
until after the end of the 30-day period beginning on the date
on which the Secretary of Defense submits to Congress a report
describing in detail the purposes for which the amounts will be
obligated and expended.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment program
as provided in section 2806 of title 10, United States Code, in
an amount not to exceed the sum of the amount authorized to be
appropriated for this purpose in section 2502 and the amount
collected from the North Atlantic Treaty Organization as a
result of construction previously financed by the United
States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 1999, for contributions by
the Secretary of Defense under section 2806 of title 10, United
States Code, for the share of the United States of the cost of
projects for the North Atlantic Treaty Organization Security
Investment program authorized by section 2501, in the amount of
$81,000,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
Sec. 2602. Modification of authority to carry out fiscal year 1998
project.
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Authorization of Appropriations.--There are authorized
to be appropriated for fiscal years beginning after September
30, 1999, for the costs of acquisition, architectural and
engineering services, and construction of facilities for the
Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the
cost of acquisition of land for those facilities), the
following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the
United States, $205,448,000; and
(B) for the Army Reserve, $107,149,000.
(2) For the Department of the Navy, for the Naval
and Marine Corps Reserve, $25,389,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the
United States, $253,918,000; and
(B) for the Air Force Reserve, $52,784,000.
(b) Adjustment.--(1) The amounts authorized to be
appropriated pursuant to subsection (a) are reduced as follows:
(A) in paragraph (1)(A), by $4,223,000.
(B) in paragraph (1)(B), by $2,891,000.
(C) in paragraph (2), by $674,000.
(D) in paragraph (3)(A), by $5,652,000.
(E) in paragraph (3)(B), by $2,080,000.
(2) The reductions specified in paragraph (1) represent the
combination of project savings in military construction
resulting from favorable bids, reduced overhead costs, and
cancellations due to force structure changes.
SEC. 2602. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 1998
PROJECT.
Section 2603 of the Military Construction Authorization Act
for Fiscal Year 1998 (division B of Public Law 105-85), as
amended by section 2602 of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261; 112 Stat. 2198), is amended--
(1) by striking ``agreement with the State of Utah
under which the State'' and inserting ``agreement with
the State of Utah, the University of Utah, or both,
under which the State or the University''; and
(2) by adding at the end the following new
sentence: ``The Secretary may accept funds paid under
such an agreement and use the funds, in such amounts as
provided in advance in appropriation Acts, to carry out
the project.''.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1997
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1996
projects.
Sec. 2704. Effective date.
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained in
titles XXI through XXVI for military construction projects,
land acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment program (and authorizations of
appropriations therefor) shall expire on the later of--
(1) October 1, 2002; or
(2) the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2003.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment program (and authorizations of
appropriations therefor), for which appropriated funds have
been obligated before the later of--
(1) October 1, 2002; or
(2) the date of the enactment of an Act authorizing
funds for fiscal year 2003 for military construction
projects, land acquisition, family housing projects and
facilities, or contributions to the North Atlantic
Treaty Organization Security Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1997
PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1997
(division B of Public Law 104-201; 110 Stat. 2782),
authorizations for the projects set forth in the tables in
subsection (b), as provided in sections 2201, 2202, 2401, and
2601 of that Act and amended by section 2406 of this Act, shall
remain in effect until October 1, 2000, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2001, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:
Navy: Extension of 1997 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Florida............................... Naval Station Mayport.... Family Housing Construction $10,000,000
(100 units).................
Maine................................. Naval Station Brunswick.. Family Housing Construction $10,925,000
(72 units)..................
North Carolina........................ Marine Corps Base Camp Family Housing Construction $10,110,000
Lejuene................. (94 units)..................
South Carolina........................ Marine Corps Air Station Family Housing Construction $14,000,000
Beaufort................ (140 units).................
Texas................................. Naval Complex Corpus Family Housing Construction $11,675,000
Christi................. (104 units).................
Naval Air Station Family Housing Construction $7,550,000
Kingsville.............. (48 units)..................
Virginia.............................. Marine Corps Combat Sanitary Landfill............ $8,900,000
Development Command,
Quantico................
Washington............................ Naval Station Everett.... Family Housing Construction $15,015,000
(100 units).................
----------------------------------------------------------------------------------------------------------------
Defense Agencies: Extension of 1997 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Colorado.............................. Pueblo Chemical Activity. Ammunition Demilitarization $203,500,000
Facility....................
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1997 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Mississippi........................... Camp Shelby.............. Multipurpose Range Complex $5,000,000
(Phase II)..................
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1996
PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1996
(division B of Public Law 104-106; 110 Stat. 541),
authorizations for the projects set forth in the tables in
subsection (a), as provided in sections 2202 and 2601 of that
Act and extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261; 112 Stat. 2199), shall remain in effect until
October 1, 2000, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year
2001, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:
Navy: Extension of 1996 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................ Camp Pendleton........... Family Housing Construction $20,000,000
(138 units).................
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1996 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Mississippi........................... Camp Shelby.............. Multipurpose Range Complex $5,000,000
(Phase I)...................
Missouri.............................. National Guard Training Multipurpose Range........... $2,236,000
Site, Jefferson City....
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take
effect on the later of--
(1) October 1, 1999; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Exemption from notice and wait requirements of military
construction projects supported by burdensharing funds
undertaken for war or national emergency.
Sec. 2802. Development of Ford Island, Hawaii.
Sec. 2803. Expansion of entities eligible to participate in alternative
authority for acquisition and improvement of military housing.
Sec. 2804. Restriction on authority to acquire or construct ancillary
supporting facilities for housing units.
Sec. 2805. Planning and design for military construction projects for
reserve components.
Sec. 2806. Modification of limitations on reserve component facility
projects for certain safety projects.
Sec. 2807. Sense of Congress on use of incremental funding to carry out
military construction projects.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Extension of authority for lease of real property for special
operations activities.
Sec. 2812. Enhancement of authority relating to utility privatization.
Sec. 2813. Acceptance of funds to cover administrative expenses relating
to certain real property transactions.
Sec. 2814. Operations of Naval Academy dairy farm.
Sec. 2815. Study and report on impacts to military readiness of proposed
land management changes on public lands in Utah.
Sec. 2816. Designation of missile intelligence building at Redstone
Arsenal, Alabama, as the Richard C. Shelby Center for Missile
Intelligence.
Subtitle C--Defense Base Closure and Realignment
Sec. 2821. Economic development conveyances of base closure property.
Sec. 2822. Continuation of authority to use Department of Defense Base
Closure Account 1990 for activities required to close or
realign military installations.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Sec. 2831. Transfer of jurisdiction, Fort Sam Houston, Texas.
Sec. 2832. Land exchange, Rock Island Arsenal, Illinois.
Sec. 2833. Land conveyance, Army Reserve Center, Bangor, Maine.
Sec. 2834. Land conveyance, Army Reserve Center, Kankakee, Illinois.
Sec. 2835. Land conveyance, Army Reserve Center, Cannon Falls,
Minnesota.
Sec. 2836. Land conveyance, Army Maintenance Support Activity (Marine)
Number 84, Marcus Hook, Pennsylvania.
Sec. 2837. Land conveyances, Army docks and related property, Alaska.
Sec. 2838. Land conveyance, Fort Huachuca, Arizona.
Sec. 2839. Land conveyance, Nike Battery 80 family housing site, East
Hanover Township, New Jersey.
Sec. 2840. Land conveyances, Twin Cities Army Ammunition Plant,
Minnesota.
Sec. 2841. Repair and conveyance of Red Butte Dam and Reservoir, Salt
Lake City, Utah.
Sec. 2842. Modification of land conveyance, Joliet Army Ammunition
Plant, Illinois.
Part II--Navy Conveyances
Sec. 2851. Land conveyance, Naval Weapons Industrial Reserve Plant No.
387, Dallas, Texas.
Sec. 2852. Land conveyance, Marine Corps Air Station, Cherry Point,
North Carolina.
Sec. 2853. Land conveyance, Newport, Rhode Island.
Sec. 2854. Land conveyance, Naval Training Center, Orlando, Florida.
Sec. 2855. One-year delay in demolition of radio transmitting facility
towers at Naval Station, Annapolis, Maryland, to facilitate
conveyance of towers.
Sec. 2856. Clarification of land exchange, Naval Reserve Readiness
Center, Portland, Maine.
Sec. 2857. Revision to lease authority, Naval Air Station, Meridian,
Mississippi.
Sec. 2858. Land conveyances, Norfolk, Virginia.
Part III--Air Force Conveyances
Sec. 2861. Land conveyance, Newington Defense Fuel Supply Point, New
Hampshire.
Sec. 2862. Land conveyance, Tyndall Air Force Base, Florida.
Sec. 2863. Land conveyance, Port of Anchorage, Alaska.
Sec. 2864. Land conveyance, Forestport Test Annex, New York.
Sec. 2865. Land conveyance, McClellan Nuclear Radiation Center,
California.
Subtitle E--Other Matters
Sec. 2871. Acceptance of guarantees in connection with gifts to military
service academies.
Sec. 2872. Acquisition of State-held inholdings, east range of Fort
Huachuca, Arizona.
Sec. 2873. Enhancement of Pentagon renovation activities.
Subtitle F--Expansion of Arlington National Cemetery
Sec. 2881. Transfer from Navy Annex, Arlington, Virginia.
Sec. 2882. Transfer from Fort Myer, Arlington, Virginia.
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. EXEMPTION FROM NOTICE AND WAIT REQUIREMENTS OF MILITARY
CONSTRUCTION PROJECTS SUPPORTED BY BURDENSHARING
FUNDS UNDERTAKEN FOR WAR OR NATIONAL EMERGENCY.
(a) Exemption.--Subsection (e) of section 2350j of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(3)(A) A military construction project under subsection
(d) may be carried out without regard to the requirement in
paragraph (1) and the limitation in paragraph (2) if the
project is necessary to support the armed forces in the country
or region in which the project is carried out by reason of a
declaration of war, or a declaration by the President of a
national emergency pursuant to the National Emergencies Act (50
U.S.C. 1601 et seq.), that is in force at the time of the
commencement of the project.
``(B) When a decision is made to carry out a military
construction project under subparagraph (A), the Secretary of
Defense shall submit to the congressional committees specified
in subsection (g)--
``(i) a notice of the decision; and
``(ii) a statement of the current estimated cost of
the project, including the cost of any real property
transaction in connection with the project.''.
(b) Conforming Amendment.--Subsection (g) of such section
is amended by striking ``subsection (e)(1)'' and inserting
``subsection (e)''.
SEC. 2802. DEVELOPMENT OF FORD ISLAND, HAWAII.
(a) Conditional Authority To Develop.--(1) Subchapter I of
chapter 169 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 2814. Special authority for development of Ford Island, Hawaii
``(a) In General.--(1) Subject to paragraph (2), the
Secretary of the Navy may exercise any authority or combination
of authorities in this section for the purpose of developing or
facilitating the development of Ford Island, Hawaii, to the
extent that the Secretary determines the development is
compatible with the mission of the Navy.
``(2) The Secretary of the Navy may not exercise any
authority under this section until--
``(A) the Secretary submits to the appropriate
committees of Congress a master plan for the
development of Ford Island, Hawaii; and
``(B) a period of 30 calendar days has elapsed
following the date on which the notification is
received by those committees.
``(b) Conveyance Authority.--(1) The Secretary of the Navy
may convey to any public or private person or entity all right,
title, and interest of the United States in and to any real
property (including any improvements thereon) or personal
property under the jurisdiction of the Secretary in the State
of Hawaii that the Secretary determines--
``(A) is excess to the needs of the Navy and all of
the other armed forces; and
``(B) will promote the purpose of this section.
``(2) A conveyance under this subsection may include such
terms and conditions as the Secretary considers appropriate to
protect the interests of the United States.
``(c) Lease Authority.--(1) The Secretary of the Navy may
lease to any public or private person or entity any real
property or personal property under the jurisdiction of the
Secretary in the State of Hawaii that the Secretary
determines--
``(A) is not needed for current operations of the
Navy and all of the other armed forces; and
``(B) will promote the purpose of this section.
``(2) A lease under this subsection shall be subject to
section 2667(b)(1) of this title and may include such others
terms as the Secretary considers appropriate to protect the
interests of the United States.
``(3) A lease of real property under this subsection may
provide that, upon termination of the lease term, the lessee
shall have the right of first refusal to acquire the real
property covered by the lease if the property is then conveyed
under subsection (b).
``(4)(A) The Secretary may provide property support
services to or for real property leased under this subsection.
``(B) To the extent provided in appropriations Acts, any
payment made to the Secretary for services provided under this
paragraph shall be credited to the appropriation, account, or
fund from which the cost of providing the services was paid.
``(d) Acquisition of Leasehold Interest by Secretary.--(1)
The Secretary of the Navy may acquire a leasehold interest in
any facility constructed under subsection (f) as consideration
for a transaction authorized by this section upon such terms as
the Secretary considers appropriate to promote the purpose of
this section.
``(2) The term of a lease under paragraph (1) may not
exceed 10 years, unless the Secretary of Defense approves a
term in excess of 10 years for purposes of this section.
``(3) A lease under this subsection may provide that, upon
termination of the lease term, the United States shall have the
right of first refusal to acquire the facility covered by the
lease.
``(e) Requirement for Competition.--The Secretary of the
Navy shall use competitive procedures for purposes of selecting
the recipient of real or personal property under subsection (b)
and the lessee of real or personal property under subsection
(c).
``(f) Consideration.--(1) As consideration for the
conveyance of real or personal property under subsection (b),
or for the lease of real or personal property under subsection
(c), the Secretary of the Navy shall accept cash, real
property, personal property, or services, or any combination
thereof, in an aggregate amount equal to not less than the fair
market value of the real or personal property conveyed or
leased.
``(2) Subject to subsection (i), the services accepted by
the Secretary under paragraph (1) may include the following:
``(A) The construction or improvement of facilities
at Ford Island.
``(B) The restoration or rehabilitation of real
property at Ford Island.
``(C) The provision of property support services
for property or facilities at Ford Island.
``(g) Notice and Wait Requirements.--The Secretary of the
Navy may not carry out a transaction authorized by this section
until--
``(1) the Secretary submits to the appropriate
committees of Congress a notification of the
transaction, including--
``(A) a detailed description of the
transaction; and
``(B) a justification for the transaction
specifying the manner in which the transaction
will meet the purposes of this section; and
``(2) a period of 30 calendar days has elapsed
following the date on which the notification is
received by those committees.
``(h) Ford Island Improvement Account.--(1) There is
established on the books of the Treasury an account to be known
as the `Ford Island Improvement Account'.
``(2) There shall be deposited into the account the
following amounts:
``(A) Amounts authorized and appropriated to the
account.
``(B) Except as provided in subsection (c)(4)(B),
the amount of any cash payment received by the
Secretary for a transaction under this section.
``(i) Use of Account.--(1) Subject to paragraph (2), to the
extent provided in advance in appropriation Acts, funds in the
Ford Island Improvement Account may be used as follows:
``(A) To carry out or facilitate the carrying out
of a transaction authorized by this section.
``(B) To carry out improvements of property or
facilities at Ford Island.
``(C) To obtain property support services for
property or facilities at Ford Island.
``(2) To extent that the authorities provided under
subchapter IV of this chapter are available to the Secretary of
the Navy, the Secretary may not use the authorities in this
section to acquire, construct, or improve family housing units,
military unaccompanied housing units, or ancillary supporting
facilities related to military housing.
``(3)(A) The Secretary may transfer funds from the Ford
Island Improvement Account to the following funds:
``(i) The Department of Defense Family Housing
Improvement Fund established by section 2883(a)(1) of
this title.
``(ii) The Department of Defense Military
Unaccompanied Housing Improvement Fund established by
section 2883(a)(2) of this title.
``(B) Amounts transferred under subparagraph (A) to a fund
referred to in that subparagraph shall be available in
accordance with the provisions of section 2883 of this title
for activities authorized under subchapter IV of this chapter
at Ford Island.
``(j) Inapplicability of Certain Property Management
Laws.--Except as otherwise provided in this section,
transactions under this section shall not be subject to the
following:
``(1) Sections 2667 and 2696 of this title.
``(2) Section 501 of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11411).
``(3) Sections 202 and 203 of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 483,
484).
``(k) Scoring.--Nothing in this section shall be construed
to waive the applicability to any lease entered into under this
section of the budget scorekeeping guidelines used to measure
compliance with the Balanced Budget Emergency Deficit Control
Act of 1985.
``(l) Property Support Service Defined.--In this section,
the term `property support service' means the following:
``(1) Any utility service or other service listed
in section 2686(a) of this title.
``(2) Any other service determined by the Secretary
to be a service that supports the operation and
maintenance of real property, personal property, or
facilities.''.
(2) The table of sections at the beginning of such
subchapter is amended by adding at the end the following new
item:
``2814. Special authority for development of Ford Island, Hawaii.''.
(b) Conforming Amendments.--Section 2883(c) of title 10,
United States Code, is amended--
(1) in paragraph (1), by adding at the end the
following new subparagraph:
``(E) Any amounts that the Secretary of the Navy
transfers to that Fund pursuant to section 2814(i)(3)
of this title, subject to the restrictions on the use
of the transferred amounts specified in that
section.''; and
(2) in paragraph (2), by adding at the end the
following new subparagraph:
``(E) Any amounts that the Secretary of the Navy
transfers to that Fund pursuant to section 2814(i)(3)
of this title, subject to the restrictions on the use
of the transferred amounts specified in that
section.''.
SEC. 2803. EXPANSION OF ENTITIES ELIGIBLE TO PARTICIPATE IN ALTERNATIVE
AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF
MILITARY HOUSING.
(a) Definition of Eligible Entity.--Section 2871 of title
10, United States Code, is amended--
(1) by redesignating paragraphs (5) through (7) as
paragraphs (6) through (8) respectively; and
(2) by inserting after paragraph (4) the following
new paragraph:
``(5) The term `eligible entity' means any private
person, corporation, firm, partnership, company, State
or local government, or housing authority of a State or
local government.''.
(b) General Authority.--Section 2872 of such title is
amended by striking ``private persons'' and inserting
``eligible entities''.
(c) Direct Loans and Loan Guarantees.--Section 2873 of such
title is amended--
(1) in subsection (a)(1)--
(A) by striking ``persons in the private
sector'' and inserting ``an eligible entity'';
and
(B) by striking ``such persons'' and
inserting ``the eligible entity''; and
(2) in subsection (b)(1)--
(A) by striking ``any person in the private
sector'' and inserting ``an eligible entity'';
and
(B) by striking ``the person'' and
inserting ``the eligible entity''.
(d) Investments.--Section 2875 of such title is amended--
(1) in subsection (a), by striking
``nongovernmental entities'' and inserting ``an
eligible entity'';
(2) in subsection (c)--
(A) by striking ``a nongovernmental
entity'' both places it appears and inserting
``an eligible entity''; and
(B) by striking ``the entity'' each place
it appears and inserting ``the eligible
entity'';
(3) in subsection (d), by striking
``nongovernmental'' and inserting ``eligible''; and
(4) in subsection (e), by striking ``a
nongovernmental entity'' and inserting ``an eligible
entity''.
(e) Rental Guarantees.--Section 2876 of such title is
amended by striking ``private persons'' and inserting
``eligible entities''.
(f) Differential Lease Payments.--Section 2877 of such
title is amended by striking ``private''.
(g) Conveyance or Lease of Existing Property and
Facilities.--Section 2878(a) of such title is amended by
striking ``private persons'' and inserting ``eligible
entities''.
(h) Clerical Amendments.--(1) The heading of section 2875
of such title is amended to read as follows:
``Sec. 2875. Investments''.
(2) The table of sections at the beginning of subchapter IV
of chapter 169 of such title is amended by striking the item
relating to such section and inserting the following new item:
``2875. Investments.''.
SEC. 2804. RESTRICTION ON AUTHORITY TO ACQUIRE OR CONSTRUCT ANCILLARY
SUPPORTING FACILITIES FOR HOUSING UNITS.
Section 2881 of title 10, United States Code, is amended--
(1) by inserting ``(a) Authority To Acquire or
Construct.--'' before ``Any project''; and
(2) by adding at the end the following new
subsection:
``(b) Restriction.--A project referred to in subsection (a)
may not include the acquisition or construction of an ancillary
supporting facility if, as determined by the Secretary
concerned, the facility is to be used for providing merchandise
or services in direct competition with--
``(1) the Army and Air Force Exchange Service;
``(2) the Navy Exchange Service Command;
``(3) a Marine Corps exchange;
``(4) the Defense Commissary Agency; or
``(5) any nonappropriated fund activity of the
Department of Defense for the morale, welfare, and
recreation of members of the armed forces.''.
SEC. 2805. PLANNING AND DESIGN FOR MILITARY CONSTRUCTION PROJECTS FOR
RESERVE COMPONENTS.
Section 18233(f)(1) of title 10, United States Code, is
amended by inserting ``design,'' after ``planning,''.
SEC. 2806. MODIFICATION OF LIMITATIONS ON RESERVE COMPONENT FACILITY
PROJECTS FOR CERTAIN SAFETY PROJECTS.
(a) Exemption from Notice and Wait Requirement.--Subsection
(a)(2) of section 18233a of title 10, United States Code, is
amended by adding at the end the following new subparagraph:
``(C) An unspecified minor military construction
project (as defined in section 2805(a) of this title)
that is intended solely to correct a deficiency that is
life-threatening, health-threatening, or safety-
threatening.''.
(b) Availability of Operation and Maintenance Funds.--
Subsection (b) of such section is amended to read as follows:
``(b) Under such regulations as the Secretary of Defense
may prescribe, the Secretary may spend, from appropriations
available for operation and maintenance, amounts necessary to
carry out any project authorized under section 18233(a) of this
title costing not more than--
``(1) the amount specified in section 2805(c)(1) of
this title, in the case of a project intended solely to
correct a deficiency that is life-threatening, health-
threatening, or safety-threatening; or
``(2) the amount specified in section 2805(c)(2) of
this title, in the case of any other project.''.
SEC. 2807. SENSE OF CONGRESS ON USE OF INCREMENTAL FUNDING TO CARRY OUT
MILITARY CONSTRUCTION PROJECTS.
It is the sense of Congress that--
(1) in preparing the budget for each fiscal year
for military construction for submission to Congress
under section 1105 of title 31, United States Code, the
President should request an amount of funds for each
proposed military construction project that is
sufficient to produce a complete and usable facility or
a complete and usable improvement to an existing
facility;
(2) in limited instances, large military
construction projects may be funded in phases
consistent with established practices for such
projects; and
(3) the President should not request, and Congress
should not agree to adopt, a general practice of
authorizing or appropriating funds for military
construction projects based on historical outlay rates
for military construction.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. EXTENSION OF AUTHORITY FOR LEASE OF REAL PROPERTY FOR
SPECIAL OPERATIONS ACTIVITIES.
Section 2680(d) of title 10, United States Code, is amended
by striking ``September 30, 2000'' and inserting ``September
30, 2005''.
SEC. 2812. ENHANCEMENT OF AUTHORITY RELATING TO UTILITY PRIVATIZATION.
(a) Extended Contracts for Utility Services.--Subsection
(c) of section 2688 of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(3) A contract for the receipt of utility services as
consideration under paragraph (1), or any other contract for
utility services entered into by the Secretary concerned in
connection with the conveyance of a utility system under this
section, may be for a period not to exceed 50 years.''.
(b) Definition of Utility System.--Subsection (g)(2)(B) of
such section is amended by striking ``Easements'' and inserting
``Real property, easements,''.
(c) Funds To Facilitate Privatization.--Such section is
further amended--
(1) by redesignating subsections (g) and (h) as
subsections (i) and (j), respectively; and
(2) by inserting after subsection (f) the following
new subsection:
``(g) Assistance for Construction, Repair, or Replacement
of Utility Systems.--In lieu of carrying out a military
construction project to construct, repair, or replace a utility
system, the Secretary concerned may use funds authorized and
appropriated for the project to facilitate the conveyance of
the utility system under this section by making a contribution
toward the cost of construction, repair, or replacement of the
utility system by the entity to which the utility system is
being conveyed. The Secretary concerned shall consider any such
contribution in the economic analysis required under subsection
(e).''.
SEC. 2813. ACCEPTANCE OF FUNDS TO COVER ADMINISTRATIVE EXPENSES
RELATING TO CERTAIN REAL PROPERTY TRANSACTIONS.
Section 2695(b) of title 10, United States Code, is
amended--
(1) by inserting ``involving real property under
the control of the Secretary of a military department''
after ``transactions''; and
(2) by adding at the end the following new
paragraph:
``(4) The disposal of real property of the United
States for which the Secretary will be the disposal
agent.''.
SEC. 2814. OPERATIONS OF NAVAL ACADEMY DAIRY FARM.
Section 6976 of title 10, United States Code, is amended--
(1) by redesignating subsection (c) as subsection
(d); and
(2) by inserting after subsection (b) the following
new subsection (c):
``(c) Lease Proceeds.--All money received from a lease
entered into under subsection (b) shall be retained by the
Superintendent of the Naval Academy and shall be available to
cover expenses related to the property described in subsection
(a), including reimbursing nonappropriated fund
instrumentalities of the Naval Academy.''.
SEC. 2815. STUDY AND REPORT ON IMPACTS TO MILITARY READINESS OF
PROPOSED LAND MANAGEMENT CHANGES ON PUBLIC LANDS IN
UTAH.
(a) Utah National Defense Lands Defined.--In this section,
the term ``Utah national defense lands'' means public lands
under the jurisdiction of the Bureau of Land Management in the
State of Utah that are adjacent to or near the Utah Test and
Training Range and Dugway Proving Ground or beneath the
Military Operating Areas, Restricted Areas, and airspace that
make up the Utah Test and Training Range.
(b) Readiness Impact Study.--The Secretary of Defense shall
conduct a study to evaluate the impact upon military training,
testing, and operational readiness of any proposed changes in
land designation or management of the Utah national defense
lands. In conducting the study, the Secretary of Defense shall
consider the following:
(1) The present military requirements for and
missions conducted at Utah Test and Training Range, as
well as projected requirements for the support of
aircraft, unmanned aerial vehicles, missiles,
munitions, and other military requirements.
(2) The future requirements for force structure and
doctrine changes, such as the Expeditionary Aerospace
Force concept, that could require the use of the Utah
Test and Training Range.
(3) All other pertinent issues, such as overflight
requirements, access to electronic tracking and
communications sites, ground access to respond to
emergency or accident locations, munitions safety
buffers, noise requirements, ground safety and
encroachment issues.
(c) Cooperation and Coordination.--The Secretary of Defense
shall conduct the study in cooperation with the Secretary of
the Air Force and the Secretary of the Army.
(d) Effect of Study.--Until the Secretary of Defense
submits to Congress a report containing the results of the
study, the Secretary of the Interior may not proceed with the
amendment of any individual resource management plan for Utah
national defense lands, or any statewide environmental impact
statement or statewide resource management plan amendment
package for such lands, if the statewide environmental impact
statement or statewide resource management plan amendment
addresses wilderness characteristics or wilderness management
issues affecting such lands.
SEC. 2816. DESIGNATION OF MISSILE INTELLIGENCE BUILDING AT REDSTONE
ARSENAL, ALABAMA, AS THE RICHARD C. SHELBY CENTER
FOR MISSILE INTELLIGENCE.
(a) Designation.--The newly-constructed missile
intelligence building located at Redstone Arsenal in
Huntsville, Alabama, and housing a field agency of the Defense
Intelligence Agency shall be known and designated as the
``Richard C. Shelby Center for Missile Intelligence''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
missile intelligence building referred to in subsection (a)
shall be deemed to be a reference to the ``Richard C. Shelby
Center for Missile Intelligence''.
Subtitle C--Defense Base Closure and Realignment
SEC. 2821. ECONOMIC DEVELOPMENT CONVEYANCES OF BASE CLOSURE PROPERTY.
(a) 1990 Law.--Section 2905(b)(4) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) is amended--
(1) in subparagraph (A)--
(A) by inserting ``or realigned'' after
``closed''; and
(B) by inserting ``for purposes of job
generation on the installation'' before the
period at the end;
(2) by redesignating subparagraphs (C), (D), (E),
and (F) as subparagraphs (E), (F), (G), and (J),
respectively;
(3) by striking subparagraph (B) and inserting the
following new subparagraphs:
``(B) The transfer of property of a military installation
under subparagraph (A) shall be without consideration if the
redevelopment authority with respect to the installation--
``(i) agrees that the proceeds from any sale or
lease of the property (or any portion thereof) received
by the redevelopment authority during at least the
first seven years after the date of the transfer under
subparagraph (A) shall be used to support the economic
redevelopment of, or related to, the installation; and
``(ii) executes the agreement for transfer of the
property and accepts control of the property within a
reasonable time after the date of the property disposal
record of decision or finding of no significant impact
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(C) For purposes of subparagraph (B), the use of proceeds
from a sale or lease described in such subparagraph to pay for,
or offset the costs of, public investment on or related to the
installation for any of the following purposes shall be
considered a use to support the economic redevelopment of, or
related to, the installation:
``(i) Road construction.
``(ii) Transportation management facilities.
``(iii) Storm and sanitary sewer construction.
``(iv) Police and fire protection facilities and
other public facilities.
``(v) Utility construction.
``(vi) Building rehabilitation.
``(vii) Historic property preservation.
``(viii) Pollution prevention equipment or
facilities.
``(ix) Demolition.
``(x) Disposal of hazardous materials generated by
demolition.
``(xi) Landscaping, grading, and other site or
public improvements.
``(xii) Planning for or the marketing of the
development and reuse of the installation.
``(D) The Secretary may recoup from a redevelopment
authority such portion of the proceeds from a sale or lease
described in subparagraph (B) as the Secretary determines
appropriate if the redevelopment authority does not use the
proceeds to support economic redevelopment of, or related to,
the installation for the period specified in subparagraph
(B).'';
(4) in subparagraph (F), as redesignated by
paragraph (2)--
(A) by striking ``(i)''; and
(B) by striking clause (ii); and
(5) by inserting after subparagraph (F), as so
redesignated, the following new subparagraphs:
``(H)(i) In the case of an agreement for the transfer of
property of a military installation under this paragraph that
was entered into before April 21, 1999, the Secretary may
modify the agreement, and in so doing compromise, waive,
adjust, release, or reduce any right, title, claim, lien, or
demand of the United States, if--
``(I) the Secretary determines that as a result of
changed economic circumstances, a modification of the
agreement is necessary;
``(II) the terms of the modification do not require
the return of any payments that have been made to the
Secretary;
``(III) the terms of the modification do not
compromise, waive, adjust, release, or reduce any
right, title, claim, lien, or demand of the United
States with respect to in-kind consideration; and
``(IV) the cash consideration to which the United
States is entitled under the modified agreement, when
combined with the cash consideration to be received by
the United States for the disposal of other real
property assets on the installation, are as sufficient
as they were under the original agreement to fund the
reserve account established under section 204(b)(7)(C)
of the Defense Authorization Amendments and Base
Closure and Realignment Act, with the depreciated value
of the investment made with commissary store funds or
nonappropriated funds in property disposed of pursuant
to the agreement being modified, in accordance with
section 2906(d).
``(ii) When exercising the authority granted by clause (i),
the Secretary may waive some or all future payments if, and to
the extent that, the Secretary determines such waiver is
necessary.
``(iii) With the exception of the requirement that the
transfer be without consideration, the requirements of
subparagraphs (B), (C), and (D) shall be applicable to any
agreement modified pursuant to clause (i).
``(I) In the case of an agreement for the transfer of
property of a military installation under this paragraph that
was entered into during the period beginning on April 21, 1999,
and ending on the date of enactment of the National Defense
Authorization Act for Fiscal Year 2000, at the request of the
redevelopment authority concerned, the Secretary shall modify
the agreement for to conform to all the requirements of
subparagraphs (B), (C), and (D). Such a modification may
include the compromise, waiver, adjustment, release, or
reduction of any right, title, claim, lien, or demand of the
United States under the agreement.''
(b) 1988 Law.--Section 204(b)(4) of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note) is amended--
(1) in subparagraph (A)--
(A) by inserting ``or realigned'' after
``closed''; and
(B) by inserting ``for purposes of job
generation on the installation'' before the
period at the end;
(2) by redesignating subparagraphs (C), (D), and
(E) as subparagraphs (E), (F), and (I), respectively;
(3) by striking subparagraph (B) and inserting the
following new subparagraphs:
``(B) The transfer of property of a military installation
under subparagraph (A) shall be without consideration if the
redevelopment authority with respect to the installation--
``(i) agrees that the proceeds from any sale or
lease of the property (or any portion thereof) received
by the redevelopment authority during at least the
first seven years after the date of the transfer under
subparagraph (A) shall be used to support the economic
redevelopment of, or related to, the installation; and
``(ii) executes the agreement for transfer of the
property and accepts control of the property within a
reasonable time after the date of the property disposal
record of decision or finding of no significant impact
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(C) For purposes of subparagraph (B), the use of proceeds
from a sale or lease described in such subparagraph to pay for,
or offset the costs of, public investment on or related to the
installation for any of the following purposes shall be
considered a use to support the economic redevelopment of, or
related to, the installation:
``(i) Road construction.
``(ii) Transportation management facilities.
``(iii) Storm and sanitary sewer construction.
``(iv) Police and fire protection facilities and
other public facilities.
``(v) Utility construction.
``(vi) Building rehabilitation.
``(vii) Historic property preservation.
``(viii) Pollution prevention equipment or
facilities.
``(ix) Demolition.
``(x) Disposal of hazardous materials generated by
demolition.
``(xi) Landscaping, grading, and other site or
public improvements.
``(xii) Planning for or the marketing of the
development and reuse of the installation.
``(D) The Secretary may recoup from a redevelopment
authority such portion of the proceeds from a sale or lease
described in subparagraph (B) as the Secretary determines
appropriate if the redevelopment authority does not use the
proceeds to support economic redevelopment of, or related to,
the installation for the period specified in subparagraph
(B).'';
(4) in subparagraph (E), as redesignated by
paragraph (2)--
(A) by striking ``(i)''; and
(B) by striking clause (ii); and
(5) by inserting after subparagraph (F) the
following new subparagraphs:
``(G)(i) In the case of an agreement for the transfer of
property of a military installation under this paragraph that
was entered into before April 21, 1999, the Secretary may
modify the agreement, and in so doing compromise, waive,
adjust, release, or reduce any right, title, claim, lien, or
demand of the United States, if--
``(I) the Secretary determines that as a result of
changed economic circumstances, a modification of the
agreement is necessary;
``(II) the terms of the modification do not require
the return of any payments that have been made to the
Secretary;
``(III) the terms of the modification do not
compromise, waive, adjust, release, or reduce any
right, title, claim, lien, or demand of the United
States with respect to in-kind consideration; and
``(IV) the cash consideration to which the United
States is entitled under the modified agreement, when
combined with the cash consideration to be received by
the United States for the disposal of other real
property assets on the installation, are as sufficient
as they were under the original agreement to fund the
reserve account established under paragraph (7)(C),
with the depreciated value of the investment made with
commissary store funds or nonappropriated funds in
property disposed of pursuant to the agreement being
modified, in accordance with section 2906(d) of the
Defense Base Closure and Realignment Act of 1990.
``(ii) When exercising the authority granted by clause (i),
the Secretary may waive some or all future payments if, and to
the extent that, the Secretary determines such waiver is
necessary.
``(iii) With the exception of the requirement that the
transfer be without consideration, the requirements of
subparagraphs (B), (C), and (D) shall be applicable to any
agreement modified pursuant to clause (i).
``(H) In the case of an agreement for the transfer of
property of a military installation under this paragraph that
was entered into during the period beginning on April 21, 1999,
and ending on the date of enactment of the National Defense
Authorization Act for Fiscal Year 2000, at the request of the
redevelopment authority concerned, the Secretary shall modify
the agreement for to conform to all the requirements of
subparagraphs (B), (C), and (D). Such a modification may
include the compromise, waiver, adjustment, release, or
reduction of any right, title, claim, lien, or demand of the
United States under the agreement.''
SEC. 2822. CONTINUATION OF AUTHORITY TO USE DEPARTMENT OF DEFENSE BASE
CLOSURE ACCOUNT 1990 FOR ACTIVITIES REQUIRED TO
CLOSE OR REALIGN MILITARY INSTALLATIONS.
(a) Duration of Account.--Subsection (a) of section 2906 of
the Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is
amended by adding at the end the following new paragraph:
``(3) The Account shall be closed at the time and in the
manner provided for appropriation accounts under section 1555
of title 31, United States Code. Unobligated funds which remain
in the Account upon closure shall be held by the Secretary of
the Treasury until transferred by law after the congressional
defense committees receive the final report transmitted under
subsection (c)(2).''.
(b) Effect of Continuation on Use of Account.--Subsection
(b)(1) of such section is amended by adding at the end the
following new sentence: ``After July 13, 2001, the Account
shall be the sole source of Federal funds for environmental
restoration, property management, and other caretaker costs
associated with any real property at military installations
closed or realigned under this part or such title II.''.
(c) Conforming Amendments.--Such section is further
amended--
(1) in subsection (c)--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as
paragraph (2) and, in such paragraph, by
inserting after ``this part'' the following:
``and no later than 60 days after the closure
of the Account under subsection (a)(3)''; and
(2) in subsection (e), by striking ``the
termination of the authority of the Secretary to carry
out a closure or realignment under this part'' and
inserting ``the closure of the Account under subsection
(a)(3)''.
Subtitle D--Land Conveyances
PART I--ARMY CONVEYANCES
SEC. 2831. TRANSFER OF JURISDICTION, FORT SAM HOUSTON, TEXAS.
(a) Transfer of Land for Inclusion in National Cemetery.--
The Secretary of the Army may transfer, without reimbursement,
to the administrative jurisdiction of the Secretary of Veterans
Affairs a parcel of real property, including any improvements
thereon, consisting of approximately 152 acres and comprising a
portion of Fort Sam Houston, Texas.
(b) Use of Land.--The Secretary of Veterans Affairs shall
include the real property transferred under subsection (a) in
the Fort Sam Houston National Cemetery and use the conveyed
property as a national cemetery under chapter 24 of title 38,
United States Code.
(c) Legal Description.--The exact acreage and legal
description of the real property to be transferred under this
section shall be determined by a survey satisfactory to the
Secretary of the Army. The cost of the survey shall be borne by
the Secretary of Veterans Affairs.
(d) Additional Terms and Conditions.--The Secretary of the
Army may require such additional terms and conditions in
connection with the transfer under this section as the
Secretary of the Army considers appropriate to protect the
interests of the United States.
SEC. 2832. LAND EXCHANGE, ROCK ISLAND ARSENAL, ILLINOIS.
(a) Conveyance Authorized.--The Secretary of the Army may
convey to the City of Moline, Illinois (in this section
referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property,
including improvements thereon, consisting of approximately .3
acres at the Rock Island Arsenal for the purpose of permitting
the City to construct a new entrance and exit ramp for the
bridge that crosses the southeast end of the island containing
the Arsenal.
(b) Consideration.--As consideration for the conveyance
under subsection (a), the City shall convey to the Secretary
all right, title, and interest of the City in and to a parcel
of real property consisting of approximately .2 acres and
located in the vicinity of the parcel to be conveyed under
subsection (a).
(c) Description of Property.--The exact acreage and legal
description of the parcels to be conveyed under this section
shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the City.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyances under this section as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2833. LAND CONVEYANCE, ARMY RESERVE CENTER, BANGOR, MAINE.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the City of Bangor, Maine (in
this section referred to as the ``City''), all right, title,
and interest of the United States in and to a parcel of real
property, including any improvements thereon, consisting of
approximately 5 acres and containing the Army Reserve Center in
Bangor, Maine, known as the Harold S. Slager Army Reserve
Center, for the purpose of permitting the City to develop the
parcel for educational purposes.
(b) Alternative Conveyance Authority.--If at the time of
the conveyance authorized by subsection (a) the Secretary has
transferred jurisdiction over any of the property to be
conveyed to the Administrator of General Services, the
Administrator shall make the conveyance of such property under
this section.
(c) Federal Screening.--(1) If any of the property
authorized to be conveyed by subsection (a) is under the
jurisdiction of the Administrator as of the date of the
enactment of this Act, the Administrator shall conduct with
respect to such property the screening for further Federal use
otherwise required by subsection (a) of section 2696 of title
10, United States Code.
(2) Subsections (b) through (d) of such section 2696 shall
apply to the screening under paragraph (1) as if the screening
were a screening conducted under subsection (a) of such
section. For purposes of such subsection (b), the date of the
enactment of the provision of law authorizing the conveyance of
the property authorized to be conveyed by this section shall be
the date of the enactment of this Act.
(d) Reversionary Interest.--During the five-period
beginning on the date the conveyance authorized by subsection
(a) is made, if the official making the conveyance determines
that the conveyed property is not being used for the purpose
specified in such subsection, all right, title, and interest in
and to the property shall revert to the United States, and the
United States shall have the right of immediate entry onto the
property. Any determination under this subsection shall be made
on the record after an opportunity for a hearing.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the official having jurisdiction over the property at the time
of the conveyance. The cost of the survey shall be borne by the
City.
(f) Additional Terms and Conditions.--The official having
jurisdiction over the property authorized to be conveyed by
subsection (a) at the time of the conveyance may require such
additional terms and conditions in connection with the
conveyance as that official considers appropriate to protect
the interest of the United States.
SEC. 2834. LAND CONVEYANCE, ARMY RESERVE CENTER, KANKAKEE, ILLINOIS.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the City of Kankakee,
Illinois (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to a
parcel of real property, including improvements thereon, that
is located at 1600 Willow Street in Kankakee, Illinois, and
contains the vacant Stefaninch Army Reserve Center for the
purpose of permitting the City to use the parcel for economic
development and other public purposes.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
City.
(c) Reversionary Interest.--During the five-year period
beginning on the date the Secretary makes the conveyance
authorized under subsection (a), if the Secretary determines
that the conveyed real property is not being used in accordance
with the purpose of the conveyance specified in such
subsection, all right, title, and interest in and to the
property, including any improvements thereon, shall revert to
the United States, and the United States shall have the right
of immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record
after an opportunity for a hearing.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2835. LAND CONVEYANCE, ARMY RESERVE CENTER, CANNON FALLS,
MINNESOTA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Cannon Falls Area
Schools, Minnesota Independent School District Number 252 (in
this section referred to as the ``District''), all right,
title, and interest of the United States in and to a parcel of
real property, including improvements thereon, that is located
at 710 State Street East in Cannon Falls, Minnesota, and
contains an Army Reserve Center for the purpose of permitting
the District to develop the parcel for educational purposes.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
District.
(c) Reversionary Interest.--During the five-year period
beginning on the date the Secretary makes the conveyance
authorized under subsection (a), if the Secretary determines
that the conveyed real property is not being used in accordance
with the purpose of the conveyance specified in such
subsection, all right, title, and interest in and to the
property, including any improvements thereon, shall revert to
the United States, and the United States shall have the right
of immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record
after an opportunity for a hearing.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2836. LAND CONVEYANCE, ARMY MAINTENANCE SUPPORT ACTIVITY (MARINE)
NUMBER 84, MARCUS HOOK, PENNSYLVANIA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Borough of Marcus Hook,
Pennsylvania (in this section referred to as the ``Borough''),
all right, title, and interest of the United States in and to a
parcel of real property, including improvements thereon,
consisting of approximately 5 acres that is located at 7 West
Delaware Avenue in Marcus Hook, Pennsylvania, and contains the
facility known as the Army Maintenance Support Activity
(Marine) Number 84, for the purpose of permitting the Borough
to develop the parcel for recreational or economic development
purposes.
(b) Condition of Conveyance.--The conveyance under
subsection (a) shall be subject to the condition that the
Borough--
(1) use the conveyed property, directly or through
an agreement with a public or private entity, for
recreational or economic purposes; or
(2) convey the property to an appropriate public or
private entity for use for such purposes.
(c) Reversion.--If the Secretary determines at any time
that the real property conveyed under subsection (a) is not
being used for recreational or economic development purposes,
as required by subsection (b), all right, title, and interest
in and to the property conveyed under subsection (a), including
any improvements thereon, shall revert to the United States,
and the United States shall have the right of immediate entry
thereon. Any determination of the Secretary under this
subsection shall be made on the record after an opportunity for
a hearing.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
Borough.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2837. LAND CONVEYANCES, ARMY DOCKS AND RELATED PROPERTY, ALASKA.
(a) Juneau National Guard Dock.--The Secretary of the Army
may convey, without consideration, to the City of Juneau,
Alaska, all right, title, and interest of the United States in
and to a parcel of real property, including improvements
thereon, located at 1030 Thane Highway in Juneau, Alaska, and
consisting of approximately 0.04 acres and the appurtenant
facility known as the Juneau National Guard Dock, for the
purpose permitting the recipient to use the parcel for
navigation-related commerce.
(b) Whittier DeLong Dock.--The Secretary may convey,
without consideration, to the Alaska Railroad Corporation all
right, title, and interest of the United States in and to a
parcel of real property, including improvements thereon,
located in Whittier, Alaska, and consisting of approximately
6.13 acres and the appurtenant facility known as the DeLong
Dock, for the purpose permitting the recipient to use the
parcel for economic development.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsections (a) and (b) shall be determined by surveys
satisfactory to the Secretary. The cost of the surveys shall be
borne by the recipient of the real property.
(d) Reversionary Interests.--During the five-year period
beginning on the date the Secretary makes a conveyance
authorized under this section, if the Secretary determines that
the real property conveyed by that conveyance is not being used
in accordance with the purpose of the conveyance, all right,
title, and interest in and to the property, including any
improvements thereon, shall revert to the United States, and
the United States shall have the right of immediate entry onto
the property. Any determination of the Secretary under this
subsection shall be made on the record after an opportunity for
a hearing.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyances under subsection (a) and (b) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2838. LAND CONVEYANCE, FORT HUACHUCA, ARIZONA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Department of Veterans'
Services of the State of Arizona (in this section referred to
as the ``Department''), all right, title, and interest of the
United States in and to a parcel of real property, including
improvements thereon, consisting of approximately 130 acres at
Fort Huachuca, Arizona, for the purpose of permitting the
Department to establish a State-run cemetery for veterans.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
Department.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2839. LAND CONVEYANCE, NIKE BATTERY 80 FAMILY HOUSING SITE, EAST
HANOVER TOWNSHIP, NEW JERSEY.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Township Council of East
Hanover, New Jersey (in this section referred to as the
``Township''), all right, title, and interest of the United
States in and to a parcel of real property, including
improvements thereon, consisting of approximately 13.88 acres
located near the unincorporated area of Hanover Neck in East
Hanover, New Jersey, and was a former family housing site for
Nike Battery 80, for the purpose of permitting the Township to
develop the parcel for affordable housing and for recreational
purposes.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
Township.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2840. LAND CONVEYANCES, TWIN CITIES ARMY AMMUNITION PLANT,
MINNESOTA.
(a) Conveyance to City Authorized.--The Secretary of the
Army may convey to the City of Arden Hills, Minnesota (in this
section referred to as the ``City''), all right, title, and
interest of the United States in and to a parcel of real
property, including improvements thereon, consisting of
approximately 4 acres at the Twin Cities Army Ammunition Plant,
for the purpose of permitting the City to construct a city hall
complex on the parcel.
(b) Conveyance to County Authorized.--The Secretary of the
Army may convey to Ramsey County, Minnesota (in this section
referred to as the ``County''), all right, title, and interest
of the United States in and to a parcel of real property,
including improvements thereon, consisting of approximately 35
acres at the Twin Cities Army Ammunition Plant, for the purpose
of permitting the County to construct a maintenance facility on
the parcel.
(c) Consideration.--As consideration for the conveyances
under this section, the City shall make the city hall complex
available for use by the Minnesota National Guard for public
meetings, and the County shall make the maintenance facility
available for use by the Minnesota National Guard, as detailed
in agreements entered into between the City, County, and the
Commanding General of the Minnesota National Guard. Use of the
city hall complex and maintenance facility by the Minnesota
National Guard shall be without cost to the Minnesota National
Guard.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under this
section shall be determined by surveys satisfactory to the
Secretary. The cost of the survey shall be borne by the
recipient of the real property.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyances under this section as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2841. REPAIR AND CONVEYANCE OF RED BUTTE DAM AND RESERVOIR, SALT
LAKE CITY, UTAH.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Central Utah Water
Conservancy District, Utah (in this section referred to as the
``District''), all right, title, and interest of the United
States in and to the real property, including the dam,
spillway, and any other improvements thereon, comprising the
Red Butte Dam and Reservoir, Salt Lake City, Utah. The
Secretary shall make the conveyance without regard to the
department or agency of the Federal Government having
jurisdiction over Red Butte Dam and Reservoir.
(b) Funds for Improvement of Dam and Reservoir.--(1) Not
later than 60 days after the date of the enactment of this Act,
the Secretary may make funds available to the District for
purposes of the improvement of Red Butte Dam and Reservoir to
meet the standards applicable to the dam and reservoir under
the laws of the State of Utah. The amount of funds made
available may not exceed $6,000,000.
(2) The District shall use funds made available to the
District under paragraph (1) solely for purposes of improving
Red Butte Dam and Reservoir to meet the standards referred to
in such paragraph.
(c) Responsibility for Maintenance and Operation.--Upon the
conveyance of Red Butte Dam and Reservoir under subsection (a),
the District shall assume all responsibility for the operation
and maintenance of Red Butte Dam and Reservoir for fish,
wildlife, and flood control purposes in accordance with the
repayment contract or other applicable agreement between the
District and the Bureau of Reclamation with respect to Red
Butte Dam and Reservoir.
(d) Description of Property.--The legal description of the
real property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the District.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2842. MODIFICATION OF LAND CONVEYANCE, JOLIET ARMY AMMUNITION
PLANT, ILLINOIS.
Section 2922(c) of the Military Construction Authorization
Act for Fiscal Year 1996 (division B of Public Law 104-106; 110
Stat. 605) is amended--
(1) by inserting ``(1)'' before ``The conveyance'';
and
(2) by adding at the end the following new
paragraph:
``(2) The landfill established on the real property
conveyed under subsection (a) may contain only waste generated
in the county in which the landfill is established and waste
generated in municipalities located at least in part in that
county. The landfill shall be closed and capped after 23 years
of operation.''.
PART II--NAVY CONVEYANCES
SEC. 2851. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL RESERVE PLANT NO.
387, DALLAS, TEXAS.
(a) Conveyance Authorized.--(1) The Secretary of the Navy
may convey to the City of Dallas, Texas (in this section
referred to as the ``City''), all right, title, and interest of
the United States in and to parcels of real property consisting
of approximately 314 acres and comprising the Naval Weapons
Industrial Reserve Plant No. 387, Dallas, Texas.
(2)(A) As part of the conveyance authorized by paragraph
(1), the Secretary may convey to the City such improvements,
equipment, fixtures, and other personal property located on the
parcels referred to in that paragraph as the Secretary
determines to be not required by the Navy for other purposes.
(B) The Secretary may permit the City to review and inspect
the improvements, equipment, fixtures, and other personal
property located on the parcels referred to in paragraph (1)
for purposes of the conveyance authorized by this paragraph.
(b) Authority To Convey Without Consideration.--The
conveyance authorized by subsection (a) may be made without
consideration if the Secretary determines that the conveyance
on that basis would be in the best interests of the United
States.
(c) Condition of Conveyance.--The conveyance authorized by
subsection (a) shall be subject to the condition that the
City--
(1) use the parcels, directly or through an
agreement with a public or private entity, for economic
purposes or such other public purposes as the City
determines appropriate; or
(2) convey the parcels to an appropriate public
entity for use for such purposes.
(d) Reversion.--If, during the 5-year period beginning on
the date the Secretary makes the conveyance authorized by
subsection (a), the Secretary determines that the conveyed real
property is not being used for a purpose specified in
subsection (c), all right, title, and interest in and to the
property, including any improvements thereon, shall revert to
the United States, and the United States shall have the right
of immediate entry onto the property.
(e) Limitation on Certain Subsequent Conveyances.--(1)
Subject to paragraph (2), if at any time after the Secretary
makes the conveyance authorized by subsection (a) the City
conveys any portion of the parcels conveyed under that
subsection to a private entity, the City shall pay to the
United States an amount equal to the fair market value (as
determined by the Secretary) of the portion conveyed at the
time of its conveyance under this subsection.
(2) Paragraph (1) applies to a conveyance described in that
paragraph only if the Secretary makes the conveyance authorized
by subsection (a) without consideration.
(3) The Secretary shall cover over into the General Fund of
the Treasury as miscellaneous receipts any amounts paid the
Secretary under this subsection.
(f) Interim Lease.--(1) Until such time as the real
property described in subsection (a) is conveyed by deed under
this section, the Secretary may continue to lease the property,
together with improvements thereon, to the tenant occupying the
property as of the date of the enactment of this Act (in this
section referred to as the ``current tenant'') under the terms
and conditions of the lease for the property in effect on that
date (in this section referred to as the ``existing lease'') or
a successor lease.
(2) If good faith negotiations for the conveyance of the
property continue under this section beyond the end of the
third year of the term of the existing lease for the property,
and the current tenant is in compliance with the lease, the
Secretary shall continue to lease the property to the current
tenant under the terms and conditions applicable to the first
three years of the existing lease pursuant to the existing
lease for the property.
(3) If the property has not been conveyed by deed under
this section within six years after the date of the enactment
of this Act, the Secretary may extend or renegotiate the
existing lease.
(g) Maintenance of Property.--(1) If the existing lease is
continued under subsection (f), the current tenant of the real
property covered by the lease shall be responsible for
maintenance of the property as provided for in the existing
lease, any extension thereof, or any successor lease.
(2) To the extent provided in advance in appropriations
Acts, the Secretary shall be responsible for maintaining the
real property to be conveyed under this section after the date
of the termination of the lease with the current tenant or the
date the property is vacated by the current tenant, whichever
is later, until such time as the property is conveyed by deed
under this section.
(h) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
City.
(i) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2852. LAND CONVEYANCE, MARINE CORPS AIR STATION, CHERRY POINT,
NORTH CAROLINA.
(a) Conveyance Authorized.--The Secretary of the Navy may
convey, without consideration, to the State of North Carolina
(in this section referred to as the ``State''), all right,
title, and interest of the United States in and to a parcel of
unimproved real property consisting of approximately 20 acres
at the Marine Corps Air Station, Cherry Point, North Carolina,
for the purpose of permitting the State to develop the parcel
for educational purposes.
(b) Condition of Conveyance.--The conveyance authorized by
subsection (a) shall be subject to the condition that the State
convey to the United States such easements and rights-of-way
regarding the parcel as the Secretary considers necessary to
ensure use of the parcel by the State is compatible with the
use of the Marine Corps Air Station.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
State.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2853. LAND CONVEYANCE, NEWPORT, RHODE ISLAND.
(a) Conveyance Authorized.--The Secretary of the Navy may
convey to the City of Newport, Rhode Island (in this section
referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property (together
with any improvements thereon) consisting of approximately 15
acres and known as the Connell Manor housing area, which is
located on Ranger Road and is bounded to the north by
Coddington Highway, to the west and south by city streets, and
to the east by private properties.
(b) Consideration.--As consideration for the conveyance
under subsection (a), the City shall pay to the Secretary an
amount sufficient to cover the cost, as determined by the
Secretary--
(1) to carry out any environmental assessments and
any other studies, analyses, and assessments that may
be required under Federal law in connection with the
conveyance; and
(2) to sever and realign utility systems as may be
necessary to complete the conveyance.
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
City.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2854. LAND CONVEYANCE, NAVAL TRAINING CENTER, ORLANDO, FLORIDA.
The Secretary of the Navy shall convey all right, title,
and interest of the United States in and to the land comprising
the main base portion of the Naval Training Center and the
McCoy Annex Areas, Orlando, Florida, to the City of Orlando,
Florida, in accordance with the terms and conditions set forth
in the Memorandum of Agreement by and between the United States
of America and the City of Orlando for the Economic Development
Conveyance of Property on the Main Base and McCoy Annex Areas
of the Naval Training Center, Orlando, executed by the Parties
on December 9, 1997, as amended.
SEC. 2855. ONE-YEAR DELAY IN DEMOLITION OF RADIO TRANSMITTING FACILITY
TOWERS AT NAVAL STATION, ANNAPOLIS, MARYLAND, TO
FACILITATE CONVEYANCE OF TOWERS.
(a) Demolition Delay.--During the one-year period beginning
on the date of the enactment of this Act, funds authorized to
be appropriated by this or any other Act may not obligated or
expended by the Secretary of the Navy to demolish the three
southeastern most naval radio transmitting towers located at
Naval Station, Annapolis, Maryland, that are otherwise
scheduled for demolition as of that date.
(b) Conveyance of Towers.--The Secretary may convey,
without consideration, to the State of Maryland or the County
of Anne Arundel, Maryland, all right, title, and interest
(including maintenance responsibility) of the United States in
and to the naval radio transmitting towers described in
subsection (a) if, during the period specified in such
subsection, the recipient agrees to accept the towers in an as
is condition.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (b) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2856. CLARIFICATION OF LAND EXCHANGE, NAVAL RESERVE READINESS
CENTER, PORTLAND, MAINE.
(a) Clarification on Conveyee.--Subsection (a)(1) of
section 2852 of the Military Construction Authorization Act for
Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat.
2220) is amended by striking ``Gulf of Maine Aquarium
Development Corporation, Portland, Maine (in this section
referred to as the `Corporation')'' and inserting ``Gulf of
Maine Aquarium Development Corporation, Portland, Maine, a non-
profit education and research institute (in this section
referred to as the `Aquarium')''.
(b) Conforming Amendments.--Such section is further amended
by striking ``the Corporation'' each place it appears and
inserting ``the Aquarium''.
SEC. 2857. REVISION TO LEASE AUTHORITY, NAVAL AIR STATION, MERIDIAN,
MISSISSIPPI.
Section 2837 of the Military Construction Authorization Act
for Fiscal Year 1997 (division B of Public Law 104-201; 110
Stat. 2798), as amended by section 2853 of the Military
Construction Authorization Act for Fiscal Year 1998 (division B
of Public Law 105-85; 111 Stat. 2009), is amended--
(1) in subsection (a)(1), by striking ``22,000
square feet'' and inserting ``27,000 square feet''; and
(2) in subsection (b)(2), by striking ``20
percent'' and inserting ``25 percent''.
SEC. 2858. LAND CONVEYANCES, NORFOLK, VIRGINIA.
(a) Conveyances Authorized.--The Secretary of the Navy may
convey to the Commonwealth of Virginia (in this section
referred to as the ``Commonwealth''), all right, title, and
interest of the United States in and to such parcels of real
property in the Norfolk, Virginia, area as the Secretary and
the Commonwealth jointly determine to be required for the
projects referred to in subsection (d).
(b) Grants of Easement or Right-of-Way.--The Secretary may
grant to the Commonwealth such easements, rights-of-way, or
other interests in land under the jurisdiction of the Secretary
as the Secretary and the Commonwealth jointly determine to be
required for the projects referred to in subsection (d).
(c) Consideration.--(1) As consideration for the grant of
easements and rights-of-way under subsection (b), the Secretary
may require the Commonwealth--
(A) to provide in the Virginia Transportation
Improvement Plan for improved access for ingress and
egress from Interstate Route 564 to the new air
terminal at Naval Air Station, Norfolk, Virginia; a
(B) to include funding for a project or projects
necessary for such access in the Fiscal Year 2000-2001
Six Year Improvement Program of the Commonwealth of
Virginia; and
(C) to relocate or replace (at no cost to the
Department of the Navy) facilities of the Navy that are
affected by the projects referred to in subsection (d).
(2) The consideration to be provided under this subsection
for any grants of easement and right-of-way under this section
shall be set forth in a memorandum of agreement between the
Secretary and the Commonwealth.
(d) Covered Projects.--The projects referred to in this
subsection are projects relating to highway construction, as
follows:
(1) Project number 0337-122-F14, PE-101 (Back
Gate).
(2) Project number 0337-122-F14, PE-102 (Front
Gate).
(3) Project number 0564-122-108, PE-101 (Interstate
Route 564 intermodal connector).
(e) Sense of Congress Regarding Construction of Access to
Naval Air Station, Norfolk, Virginia.--It is the sense of
Congress that, by reason of the conveyances under subsection
(a), the Commonwealth should work with the Secretary for
purposes of constructing on Interstate Route 564 an interchange
providing improved access to the new air terminal at Naval Air
Station, Norfolk, Virginia.
(f) Exemption From Federal Screening Requirement.--The
conveyances authorized by subsection (a) shall be made without
regard to the requirement under section 2696 of title 10,
United States Code, that the property be screened for further
Federal use in accordance with the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).
(g) Description of Property.--The exact acreage and legal
description of any real property conveyed under subsection (a),
and of any easements, rights-of-way, or other interests granted
under subsection (b), shall be determined by a survey or
surveys satisfactory to the Secretary. The cost of the survey
or surveys shall be borne by the Commonwealth.
(h) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance of any real property under subsection (a) as the
Secretary considers appropriate to protect the interests of the
United States.
PART III--AIR FORCE CONVEYANCES
SEC. 2861. LAND CONVEYANCE, NEWINGTON DEFENSE FUEL SUPPLY POINT, NEW
HAMPSHIRE.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to the Pease Development
Authority, New Hampshire (in this section referred to as the
``Authority''), all right, title, and interest of the United
States in and to parcels of real property, together with any
improvements thereon, consisting of approximately 10.26 acres
and located in Newington, New Hampshire, the site of the
Newington Defense Fuel Supply Point.
(b) Related Pipeline and Easement.--As part of the
conveyance authorized by subsection (a), the Secretary may
convey to the Authority, without consideration, all right,
title, and interest of the United States in and to the
following:
(1) The pipeline approximately 1.25 miles in length
that runs between the property authorized to be
conveyed under subsection (a) and former Pease Air
Force Base, New Hampshire, and any facilities and
equipment related thereto.
(2) An easement consisting of approximately 4.612
acres for purposes of activities relating to the
pipeline.
(c) Condition of Conveyance.--The conveyance authorized by
subsection (a) may only be made if the Authority agrees to make
the fuel supply pipeline available for use by the New Hampshire
Air National Guard under terms and conditions acceptable to the
Secretary.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a), the easement to be conveyed under subsection
(b)(2), and the pipeline to be conveyed under subsection (b)(1)
shall be determined by surveys and other means satisfactory to
the Secretary. The cost of any survey or other services
performed at the direction of the Secretary under the preceding
sentence shall be borne by the Authority.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyances under this section as Secretary considers
appropriate to protect the interests of the United States.
SEC. 2862. LAND CONVEYANCE, TYNDALL AIR FORCE BASE, FLORIDA.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey to Panama City, Florida (in this section referred to
as the ``City''), all right, title, and interest of the United
States in and to a parcel of real property, including
improvements thereon, consisting of approximately 33.07 acres
in Bay County, Florida, and containing the military family
housing project for Tyndall Air Force Base known as Cove
Garden.
(b) Consideration.--As consideration for the conveyance
under subsection (a), the City shall pay to the United States
an amount equal to the fair market value of the real property
to be conveyed, as determined by the Secretary.
(c) Use of Proceeds.--In such amounts as are provided in
advance in appropriations Acts, the Secretary may use the funds
paid by the City under subsection (b) to construct or improve
military family housing units at Tyndall Air Force Base and to
improve ancillary supporting facilities related to such
housing.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
City.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2863. LAND CONVEYANCE, PORT OF ANCHORAGE, ALASKA.
(a) Conveyance Authorized.--The Secretary of the Air Force
and the Secretary of the Interior may convey, without
consideration, to the Port of Anchorage, an entity of the City
of Anchorage, Alaska (in this section referred to as the
``Port''), all right, title, and interest of the United States
in and to two parcels of real property, including improvements
thereon, consisting of a total of approximately 14.22 acres
located adjacent to the Port of Anchorage Marine Industrial
Park in Anchorage, Alaska, and leased by the Port from the
Department of the Air Force and the Bureau of Land Management,
for the purpose of permitting the Port to use the parcels for
economic development.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary of the Air Force and the Secretary of the
Interior. The cost of the survey shall be borne by the Port.
(c) Reversionary Interest.--During the five-year period
beginning on the date the Secretary concerned makes the
conveyance authorized under subsection (a), if that Secretary
determines that the real property conveyed by that Secretary is
not being used in accordance with the purpose of the conveyance
specified in such subsection, all right, title, and interest in
and to that property, including any improvements thereon, shall
revert to the United States, and the United States shall have
the right of immediate entry onto the property. Any
determination of the Secretary concerned under this subsection
shall be made on the record after an opportunity for a hearing.
(d) Additional Terms and Conditions.--The Secretary of the
Air Force and the Secretary of the Interior may require such
additional terms and conditions in connection with the
conveyance under subsection (a) as the Secretaries considers
appropriate to protect the interests of the United States.
SEC. 2864. LAND CONVEYANCE, FORESTPORT TEST ANNEX, NEW YORK.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to the Town of Ohio, New
York (in this section referred to as the ``Town''), all right,
title, and interest of the United States in and to a parcel of
real property, including improvements thereon, consisting of
approximately 164 acres in Herkimer County, New York, and
approximately 18 acres in Oneida County, New York, and
containing the Forestport Test Annex for the purpose of
permitting the Town to develop the parcel for economic purposes
and to further the provision of municipal services.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
Town.
(c) Reversionary Interest.--During the five-year period
beginning on the date the Secretary makes the conveyance
authorized under subsection (a), if the Secretary determines
that the conveyed real property is not being used in accordance
with the purpose of the conveyance specified in such
subsection, all right, title, and interest in and to the
property, including any improvements thereon, shall revert to
the United States, and the United States shall have the right
of immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record
after an opportunity for a hearing.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2865. LAND CONVEYANCE, MCCLELLAN NUCLEAR RADIATION CENTER,
CALIFORNIA.
(a) Conveyance Authorized.--(1) Consistent with applicable
laws, including section 120 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9620), the Secretary of the Air Force may convey, without
consideration, to the Regents of the University of California,
acting on behalf of the University of California, Davis (in
this section referred to as the ``Regents''), all right, title,
and interest of the United States in and to the parcel of real
property, including improvements thereon, consisting of the
McClellan Nuclear Radiation Center, California.
(2) Pending the completion of all actions necessary to
prepare the property described in paragraph (1) for conveyance
under such paragraph, the Secretary may lease the property to
the Regents.
(b) Inspection of Property.--At an appropriate time before
any conveyance or lease under subsection (a), the Secretary
shall permit the Regents access to the property described in
such subsection for purposes of such investigation of the
McClellan Nuclear Radiation Center and the atomic reactor
located at the Center as the Regents consider appropriate.
(c) Hold Harmless.--(1)(A) The Secretary may not make the
conveyance or lease authorized by subsection (a) unless the
Regents agree to indemnify and hold harmless the United States
for and against the following:
(i) Any and all costs associated with the
decontamination and decommissioning of the atomic
reactor at the McClellan Nuclear Radiation Center under
requirements that are imposed by the Nuclear Regulatory
Commission or any other appropriate Federal or State
regulatory agency.
(ii) Any and all injury, damage, or other liability
arising from the operation of the atomic reactor after
its conveyance under this section.
(B) The Secretary may pay the Regents an amount not exceed
$17,593,000 as consideration for the agreement under
subparagraph (A). Notwithstanding section 2906(b) of the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), the
Secretary may use amounts appropriated pursuant to the
authorization of appropriation in section 2405(a)(7) to make
the payment under this subparagraph.
(2) Notwithstanding the agreement under paragraph (1), the
Secretary may, as part of the conveyance or lease authorized by
subsection (a), enter into an agreement with the Regents under
which the United States shall indemnify and hold harmless the
University of California for and against any injury, damage, or
other liability in connection with the operation of the atomic
reactor at the McClellan Nuclear Radiation Center after its
conveyance or lease that arises from a defect in the atomic
reactor that could not have been discovered in the course of
the inspection carried out under subsection (b).
(d) Continuing Operation of Reactor.--Until such time as
the property authorized to be conveyed by subsection (a) is
conveyed by deed or lease, the Secretary shall take appropriate
actions, including the allocation of personnel, funds, and
other resources, to ensure the continuing operation of the
atomic reactor located at the McClellan Nuclear Radiation
Center in accordance with applicable requirements of the
Nuclear Regulatory Commission and otherwise in accordance with
law.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretary. The cost of the survey shall be borne by the
Secretary.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with
the conveyance or lease under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
Subtitle E--Other Matters
SEC. 2871. ACCEPTANCE OF GUARANTEES IN CONNECTION WITH GIFTS TO
MILITARY SERVICE ACADEMIES.
(a) United States Military Academy.--(1) Chapter 403 of
title 10, United States Code, is amended by inserting after
section 4356 the following new section:
``Sec. 4357. Acceptance of guarantees with gifts for major projects
``(a) Acceptance Authority.--Subject to subsection (c), the
Secretary of the Army may accept from a donor or donors a
qualified guarantee for the completion of a major project for
the benefit of the Academy.
``(b) Obligation Authority.--The amount of a qualified
guarantee accepted under this section shall be considered as
contract authority to provide obligation authority for purposes
of Federal fiscal and contractual requirements. Funds available
for a project for which such a guarantee has been accepted may
be obligated and expended for the project without regard to
whether the total amount of the funds and other resources
available for the project (not taking into account the amount
of the guarantee) is sufficient to pay for completion of the
project.
``(c) Notice of Proposed Acceptance.--The Secretary of the
Army may not accept a qualified guarantee under this section
for the completion of a major project until after the
expiration of 30 days following the date upon which a report of
the facts concerning the proposed guarantee is submitted to
Congress.
``(d) Prohibition on Commingling of Funds.--The Secretary
of the Army may not enter into any contract or other
transaction involving the use of a qualified guarantee and
appropriated funds in the same contract or transaction.
``(e) Definitions.--In this section:
``(1) Major project.--The term `major project'
means a project for the purchase or other procurement
of real or personal property, or for the construction,
renovation, or repair of real or personal property, the
total cost of which is, or is estimated to be, at least
$1,000,000.
``(2) Qualified guarantee.--The term `qualified
guarantee', with respect to a major project, means a
guarantee that--
``(A) is made by one or more persons in
connection with a donation, specifically for
the project, of a total amount in cash or
securities that, as determined by the Secretary
of the Army, is sufficient to defray a
substantial portion of the total cost of the
project;
``(B) is made to facilitate or expedite the
completion of the project in reasonable
anticipation that other donors will contribute
sufficient funds or other resources in amounts
sufficient to pay for completion of the
project;
``(C) is set forth as a written agreement
that provides for the donor to furnish in cash
or securities, in addition to the donor's other
gift or gifts for the project, any additional
amount that may become necessary for paying the
cost of completing the project by reason of a
failure to obtain from other donors or sources
funds or other resources in amounts sufficient
to pay the cost of completing the project; and
``(D) is accompanied by--
``(i) an irrevocable and
unconditional standby letter of credit
for the benefit of the Academy that is
in the amount of the guarantee and is
issued by a major United States
commercial bank; or
``(ii) a qualified account control
agreement.
``(3) Qualified account control agreement.--The
term `qualified account control agreement', with
respect to a guarantee of a donor, means an agreement
among the donor, the Secretary of the Army, and a major
United States investment management firm that--
``(A) ensures the availability of
sufficient funds or other financial resources
to pay the amount guaranteed during the period
of the guarantee;
``(B) provides for the perfection of a
security interest in the assets of the account
for the United States for the benefit of the
Academy with the highest priority available for
liens and security interests under applicable
law;
``(C) requires the donor to maintain in an
account with the investment management firm
assets having a total value that is not less
than 130 percent of the amount guaranteed; and
``(D) requires the investment management
firm, at any time that the value of the account
is less than the value required to be
maintained under subparagraph (C), to liquidate
any noncash assets in the account and reinvest
the proceeds in Treasury bills issued under
section 3104 of title 31.
``(4) Major united states commercial bank.--The
term `major United States commercial bank' means a
commercial bank that--
``(A) is an insured bank (as defined in
section 3 of the Federal Deposit Insurance Act
(12 U.S.C. 1813));
``(B) is headquartered in the United
States; and
``(C) has net assets in a total amount
considered by the Secretary of the Army to
qualify the bank as a major bank.
``(5) Major united states investment management
firm.--The term `major United States investment
management firm' means any broker, dealer, investment
adviser, or provider of investment supervisory services
(as defined in section 3 of the Securities Exchange Act
of 1934 (15 U.S.C. 78c) or section 202 of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-2) or a
major United States commercial bank that--
``(A) is headquartered in the United
States; and
``(B) holds for the account of others
investment assets in a total amount considered
by the Secretary of the Army to qualify the
firm as a major investment management firm.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 4356
the following new item:
``4357. Acceptance of guarantees with gifts for major projects.''.
(b) Naval Academy.--(1) Chapter 603 of title 10, United
States Code, is amended by inserting after section 6974 the
following new section:
``Sec. 6975. Acceptance of guarantees with gifts for major projects
``(a) Acceptance Authority.--Subject to subsection (c), the
Secretary of the Navy may accept from a donor or donors a
qualified guarantee for the completion of a major project for
the benefit of the Naval Academy.
``(b) Obligation Authority.--The amount of a qualified
guarantee accepted under this section shall be considered as
contract authority to provide obligation authority for purposes
of Federal fiscal and contractual requirements. Funds available
for a project for which such a guarantee has been accepted may
be obligated and expended for the project without regard to
whether the total amount of the funds and other resources
available for the project (not taking into account the amount
of the guarantee) is sufficient to pay for completion of the
project.
``(c) Notice of Proposed Acceptance.--The Secretary of the
Navy may not accept a qualified guarantee under this section
for the completion of a major project until after the
expiration of 30 days following the date upon which a report of
the facts concerning the proposed guarantee is submitted to
Congress.
``(d) Prohibition on Commingling of Funds.--The Secretary
of the Navy may not enter into any contract or other
transaction involving the use of a qualified guarantee and
appropriated funds in the same contract or transaction.
``(e) Definitions.--In this section:
``(1) Major project.--The term `major project'
means a project for the purchase or other procurement
of real or personal property, or for the construction,
renovation, or repair of real or personal property, the
total cost of which is, or is estimated to be, at least
$1,000,000.
``(2) Qualified guarantee.--The term `qualified
guarantee', with respect to a major project, means a
guarantee that--
``(A) is made by one or more persons in
connection with a donation, specifically for
the project, of a total amount in cash or
securities that, as determined by the Secretary
of the Navy, is sufficient to defray a
substantial portion of the total cost of the
project;
``(B) is made to facilitate or expedite the
completion of the project in reasonable
anticipation that other donors will contribute
sufficient funds or other resources in amounts
sufficient to pay for completion of the
project;
``(C) is set forth as a written agreement
that provides for the donor to furnish in cash
or securities, in addition to the donor's other
gift or gifts for the project, any additional
amount that may become necessary for paying the
cost of completing the project by reason of a
failure to obtain from other donors or sources
funds or other resources in amounts sufficient
to pay the cost of completing the project; and
``(D) is accompanied by--
``(i) an irrevocable and
unconditional standby letter of credit
for the benefit of the Naval Academy
that is in the amount of the guarantee
and is issued by a major United States
commercial bank; or
``(ii) a qualified account control
agreement.
``(3) Qualified account control agreement.--The
term `qualified account control agreement', with
respect to a guarantee of a donor, means an agreement
among the donor, the Secretary of the Navy, and a major
United States investment management firm that--
``(A) ensures the availability of
sufficient funds or other financial resources
to pay the amount guaranteed during the period
of the guarantee;
``(B) provides for the perfection of a
security interest in the assets of the account
for the United States for the benefit of the
Naval Academy with the highest priority
available for liens and security interests
under applicable law;
``(C) requires the donor to maintain in an
account with the investment management firm
assets having a total value that is not less
than 130 percent of the amount guaranteed; and
``(D) requires the investment management
firm, at any time that the value of the account
is less than the value required to be
maintained under subparagraph (C), to liquidate
any noncash assets in the account and reinvest
the proceeds in Treasury bills issued under
section 3104 of title 31.
``(4) Major united states commercial bank.--The
term `major United States commercial bank' means a
commercial bank that--
``(A) is an insured bank (as defined in
section 3 of the Federal Deposit Insurance Act
(12 U.S.C. 1813));
``(B) is headquartered in the United
States; and
``(C) has net assets in a total amount
considered by the Secretary of the Navy to
qualify the bank as a major bank.
``(5) Major united states investment management
firm.--The term `major United States investment
management firm' means any broker, dealer, investment
adviser, or provider of investment supervisory services
(as defined in section 3 of the Securities Exchange Act
of 1934 (15 U.S.C. 78c) or section 202 of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-2) or a
major United States commercial bank that--
``(A) is headquartered in the United
States; and
``(B) holds for the account of others
investment assets in a total amount considered
by the Secretary of the Navy to qualify the
firm as a major investment management firm.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 6974
the following new item:
``6975. Acceptance of guarantees with gifts for major projects.''.
(c) Air Force Academy.--(1) Chapter 903 of title 10, United
States Code, is amended by inserting after section 9355 the
following new section:
``Sec. 9356. Acceptance of guarantees with gifts for major projects
``(a) Acceptance Authority.--Subject to subsection (c), the
Secretary of the Air Force may accept from a donor or donors a
qualified guarantee for the completion of a major project for
the benefit of the Academy.
``(b) Obligation Authority.--The amount of a qualified
guarantee accepted under this section shall be considered as
contract authority to provide obligation authority for purposes
of Federal fiscal and contractual requirements. Funds available
for a project for which such a guarantee has been accepted may
be obligated and expended for the project without regard to
whether the total amount of the funds and other resources
available for the project (not taking into account the amount
of the guarantee) is sufficient to pay for completion of the
project.
``(c) Notice of Proposed Acceptance.--The Secretary of the
Air Force may not accept a qualified guarantee under this
section for the completion of a major project until after the
expiration of 30 days following the date upon which a report of
the facts concerning the proposed guarantee is submitted to
Congress.
``(d) Prohibition on Commingling of Funds.--The Secretary
of the Air Force may not enter into any contract or other
transaction involving the use of a qualified guarantee and
appropriated funds in the same contract or transaction.
``(e) Definitions.--In this section:
``(1) Major project.--The term `major project'
means a project for the purchase or other procurement
of real or personal property, or for the construction,
renovation, or repair of real or personal property, the
total cost of which is, or is estimated to be, at least
$1,000,000.
``(2) Qualified guarantee.--The term `qualified
guarantee', with respect to a major project, means a
guarantee that--
``(A) is made by one or more persons in
connection with a donation, specifically for
the project, of a total amount in cash or
securities that, as determined by the Secretary
of the Air Force, is sufficient to defray a
substantial portion of the total cost of the
project;
``(B) is made to facilitate or expedite the
completion of the project in reasonable
anticipation that other donors will contribute
sufficient funds or other resources in amounts
sufficient to pay for completion of the
project;
``(C) is set forth as a written agreement
that provides for the donor to furnish in cash
or securities, in addition to the donor's other
gift or gifts for the project, any additional
amount that may become necessary for paying the
cost of completing the project by reason of a
failure to obtain from other donors or sources
funds or other resources in amounts sufficient
to pay the cost of completing the project; and
``(D) is accompanied by--
``(i) an irrevocable and
unconditional standby letter of credit
for the benefit of the Academy that is
in the amount of the guarantee and is
issued by a major United States
commercial bank; or
``(ii) a qualified account control
agreement.
``(3) Qualified account control agreement.--The
term `qualified account control agreement', with
respect to a guarantee of a donor, means an agreement
among the donor, the Secretary of the Air Force, and a
major United States investment management firm that--
``(A) ensures the availability of
sufficient funds or other financial resources
to pay the amount guaranteed during the period
of the guarantee;
``(B) provides for the perfection of a
security interest in the assets of the account
for the United States for the benefit of the
Academy with the highest priority available for
liens and security interests under applicable
law;
``(C) requires the donor to maintain in an
account with the investment management firm
assets having a total value that is not less
than 130 percent of the amount guaranteed; and
``(D) requires the investment management
firm, at any time that the value of the account
is less than the value required to be
maintained under subparagraph (C), to liquidate
any noncash assets in the account and reinvest
the proceeds in Treasury bills issued under
section 3104 of title 31.
``(4) Major united states commercial bank.--The
term `major United States commercial bank' means a
commercial bank that--
``(A) is an insured bank (as defined in
section 3 of the Federal Deposit Insurance Act
(12 U.S.C. 1813));
``(B) is headquartered in the United
States; and
``(C) has net assets in a total amount
considered by the Secretary of the Air Force to
qualify the bank as a major bank.
``(5) Major united states investment management
firm.--The term `major United States investment
management firm' means any broker, dealer, investment
adviser, or provider of investment supervisory services
(as defined in section 3 of the Securities Exchange Act
of 1934 (15 U.S.C. 78c) or section 202 of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-2) or a
major United States commercial bank that--
``(A) is headquartered in the United
States; and
``(B) holds for the account of others
investment assets in a total amount considered
by the Secretary of the Air Force to qualify
the firm as a major investment management
firm.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 9355
the following new item:
``9356. Acceptance of guarantees with gifts for major projects.''.
SEC. 2872. ACQUISITION OF STATE-HELD INHOLDINGS, EAST RANGE OF FORT
HUACHUCA, ARIZONA.
(a) Acquisition Authorized.--(1) The Secretary of the
Interior may acquire by eminent domain, but with the consent of
the State of Arizona, all right, title, and interest (including
any mineral rights) of the State of Arizona in and to
unimproved Arizona State Trust lands consisting of
approximately 1,536.47 acres in the Fort Huachuca East Range,
Cochise County, Arizona.
(2) The Secretary may also acquire by eminent domain, but
with the consent of the State of Arizona, any trust mineral
estate of the State of Arizona located beneath the surface
estates of the United States in one or more parcels of land
consisting of approximately 12,943 acres in the Fort Huachuca
East Range, Cochise County, Arizona.
(b) Consideration.--(1) Subject to subsection (c), as
consideration for the acquisition by the United States of
Arizona State trust lands and mineral interests under
subsection (a), the Secretary, acting through the Bureau of
Land Management, may convey to the State of Arizona all right,
title, and interest of the United States, or some lesser
interest, in one or more parcels of Federal land under the
jurisdiction of the Bureau of Land Management in the State of
Arizona.
(2) The lands or interests in land to be conveyed under
this subsection shall be mutually agreed upon by the Secretary
and the State of Arizona, as provided in subsection (c)(1).
(3) The value of the lands conveyed out of Federal
ownership under this subsection either shall be equal to the
value of the lands and mineral interests received by the United
States under subsection (a) or, if not, shall be equalized by a
payment made by the Secretary or the State of Arizona, as
necessary.
(c) Conditions on Conveyance to State.--The Secretary may
make the conveyance described in subsection (b) only if--
(1) the transfer of the Federal lands to the State
of Arizona is acceptable to the State Land
Commissioner; and
(2) the conveyance of lands and interests in lands
under subsection (b) is accepted by the State of
Arizona as full consideration for the land and mineral
rights acquired by the United States under subsection
(a) and terminates all right, title, and interest of
all parties (other than the United States) in and to
the acquired lands and mineral rights.
(d) Use of Eminent Domain.--The Secretary may acquire the
State lands and mineral rights under subsection (a) pursuant to
the laws and regulations governing eminent domain.
(e) Determination of Fair Market Value.--Notwithstanding
any other provision of law, the value of lands and interests in
lands acquired or conveyed by the United States under this
section shall be determined in accordance with the Uniform
Appraisal Standards for Federal Land Acquisition, as published
by the Department of Justice in 1992. The appraisal shall be
subject to the review and acceptance by the Land Department of
the State of Arizona and the Bureau of Land Management.
(f) Descriptions of Land.--The exact acreage and legal
descriptions of the lands and interests in lands acquired or
conveyed by the United States under this section shall be
determined by surveys that are satisfactory to the Secretary of
the Interior and the State of Arizona.
(g) Withdrawal of Acquired Lands for Military Purposes.--
After acquisition, the lands acquired by the United States
under subsection (a) may be withdrawn and reserved, in
accordance with all applicable environmental laws, for use by
the Secretary of the Army for military training and testing in
the same manner as other Federal lands located in the Fort
Huachuca East Range that were withdrawn and reserved for Army
use through Public Land Order 1471 of 1957.
(h) Additional Terms and Conditions.--The Secretary of the
Interior may require such additional terms and conditions in
connection with the conveyance and acquisition of lands and
interests in land under this section as the Secretary considers
appropriate to protect the interests of the United States and
any valid existing rights.
(i) Cost Reimbursement.--All costs associated with the
processing of the acquisition of State trust lands and mineral
interests under subsection (a) and the conveyance of public
lands under subsection (b) shall be borne by the Secretary of
the Army.
SEC. 2873. ENHANCEMENT OF PENTAGON RENOVATION ACTIVITIES.
(a) Renovation Enhancements.--The Secretary of Defense, in
conjunction with the Pentagon Renovation Program, may design
and construct secure secretarial office and support facilities
and make security-related enhancements to the bus and subway
station entrance at the Pentagon Reservation.
(b) Report Required.--As part of the report required under
section 2674(a) of title 10, United States Code, in 2000, the
Secretary of Defense shall include the estimated cost for the
planning, design, construction, and installation of equipment
for the enhancements authorized by subsection (a) and a revised
estimate for the total cost of the renovation of the Pentagon
Reservation.
Subtitle F--Expansion of Arlington National Cemetery
SEC. 2881. TRANSFER FROM NAVY ANNEX, ARLINGTON, VIRGINIA.
(a) Land Transfer Required.--The Secretary of Defense shall
provide for the transfer to the Secretary of the Army of
administrative jurisdiction over three parcels of real property
consisting of approximately 36 acres and known as the Navy
Annex (in this section referred to as the ``Navy Annex
property'').
(b) Use of Land.--(1) Subject to paragraph (2), the
Secretary of the Army shall incorporate the Navy Annex property
transferred under subsection (a) into Arlington National
Cemetery.
(2) The Secretary of Defense may reserve not to exceed 10
acres of the Navy Annex property (of which not more than six
acres may be north of the existing Columbia Pike) as a site
for--
(A) a National Military Museum, if such site is
recommended for such purpose by the Commission on the
National Military Museum established under section
2901; and
(B) such other memorials that the Secretary of
Defense considers compatible with Arlington National
Cemetery.
(c) Remediation of Land for Cemetery Use.--Immediately
after the transfer of administrative jurisdiction over the Navy
Annex property, the Secretary of Defense shall provide for the
removal of any improvements on that property and shall prepare
the property for use as a part of Arlington National Cemetery.
(d) Establishment of Master Plan.--(1) The Secretary of
Defense shall establish a master plan for the use of the Navy
Annex property transferred under subsection (a).
(2) The master plan shall take into account (A) the report
submitted by the Secretary of the Army on the expansion of
Arlington National Cemetery required at page 787 of the Joint
Explanatory Statement of the Committee of Conference to
accompany the bill H.R. 3616 of the One Hundred Fifth Congress
(House Report 105-436 of the 105th Congress), and (B) the
recommendation (if any) of the Commission on the National
Military Museum to use a portion of the Navy Annex property as
the site for the National Military Museum.
(3) The master plan shall be established in consultation
with the National Capital Planning Commission and only after
coordination with appropriate officials of the Commonwealth of
Virginia and of the County of Arlington, Virginia, with respect
to matters pertaining to real property under the jurisdiction
of those officials located in or adjacent to the Navy Annex
property, including assessments of the effects on
transportation, infrastructure, and utilities in that county by
reason of the proposed uses of the Navy Annex property under
subsection (b).
(4) Not later than 180 days after the date on which the
Commission on the National Military Museum submits to Congress
its report under section 2903, the Secretary of Defense shall
submit to Congress the master plan established under this
subsection.
(e) Implementation of Master Plan.--The Secretary of
Defense may implement the provisions of the master plan at any
time after the Secretary submits the master plan to Congress.
(f) Legal Description.--In conjunction with the development
of the master plan required by subsection (d), the Secretary of
Defense shall determine the exact acreage and legal description
of the portion of the Navy Annex property reserved under
subsection (b)(2) and of the portion transferred under
subsection (a) for incorporation into Arlington National
Cemetery.
(g) Reports.--(1) Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Army shall
submit to the Secretary of Defense a copy of the report to
Congress on the expansion of Arlington National Cemetery
required at page 787 of the Joint Explanatory Statement of the
Committee of Conference to accompany the bill H.R. 3616 of the
One Hundred Fifth Congress (House Report 105-736 of the 105th
Congress).
(2) The Secretary of Defense shall include a description of
the use of the Navy Annex property transferred under subsection
(a) in the annual report to Congress under section 2674(a)(2)
of title 10, United States Code, on the state of the renovation
of the Pentagon Reservation.
(h) Deadline.--The Secretary of Defense shall complete the
transfer of administrative jurisdiction required by subsection
(a) not later than the earlier of--
(A) January 1, 2010; or
(B) the date when the Navy Annex property
is no longer required (as determined by the
Secretary) for use as temporary office space
due to the renovation of the Pentagon.
SEC. 2882. TRANSFER FROM FORT MYER, ARLINGTON, VIRGINIA.
(a) Land Transfer Required.--The Secretary of the Army
shall modify the boundaries of Arlington National Cemetery and
of Fort Myer to include in Arlington National Cemetery the
following parcels of real property situated in Fort Myer,
Arlington, Virginia:
(1) A parcel comprising approximately five acres
bounded by the Fort Myer Post Traditional Chapel to the
southwest, McNair Road to the northwest, the Vehicle
Maintenance Complex to the northeast, and the masonry
wall of Arlington National Cemetery to the southeast.
(2) A parcel comprising approximately three acres
bounded by the Vehicle Maintenance Complex to the
southwest, Jackson Avenue to the northwest, the water
pumping station to the northeast, and the masonry wall
of Arlington National Cemetery to the southeast.
(b) Legal Description.--The exact acreage and legal
description of the real property to be transferred under
subsection (a) shall be determined by a survey satisfactory to
the Secretary.
TITLE XXIX--COMMISSION ON NATIONAL MILITARY MUSEUM
Sec. 2901. Establishment.
Sec. 2902. Duties of Commission.
Sec. 2903. Report.
Sec. 2904. Powers.
Sec. 2905. Commission procedures.
Sec. 2906. Personnel matters.
Sec. 2907. Miscellaneous administrative provisions.
Sec. 2908. Funding.
Sec. 2909. Termination of Commission.
SEC. 2901. ESTABLISHMENT.
(a) Establishment.--There is hereby established a
commission to be known as the ``Commission on the National
Military Museum'' (in this title referred to as the
``Commission'').
(b) Composition.--(1) The Commission shall be composed of
11 voting members appointed from among individuals who have an
expertise in military or museum matters as follows:
(A) Five shall be appointed by the President.
(B) Two shall be appointed by the Speaker of the
House of Representatives, in consultation with the
chairman of the Committee on Armed Services of the
House of Representatives.
(C) One shall be appointed by the minority leader
of the House of Representatives, in consultation with
the ranking member of the Committee on Armed Services
of the House of Representatives.
(D) Two shall be appointed by the majority leader
of the Senate, in consultation with the chairman of the
Committee on Armed Services of the Senate.
(E) One shall be appointed by the minority leader
of the Senate, in consultation with the ranking member
of the Committee on Armed Services of the Senate.
(2) The following shall be nonvoting members of the
Commission:
(A) The Secretary of Defense.
(B) The Secretary of the Army.
(C) The Secretary of the Navy.
(D) The Secretary of the Air Force.
(E) The Secretary of Transportation.
(F) The Secretary of the Smithsonian Institution.
(G) The Chairman of the National Capital Planning
Commission.
(H) The Chairperson of the Commission of Fine Arts.
(c) Chairman.--The President shall designate one of the
individuals first appointed to the Commission under subsection
(b)(1)(A) as the chairman of the Commission.
(d) Period of Appointment; Vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment.
(e) Initial Organization Requirements.--(1) All
appointments to the Commission shall be made not later than 90
days after the date of the enactment of this Act.
(2) The Commission shall convene its first meeting not
later than 60 days after the date as of which all members of
the Commission have been appointed.
SEC. 2902. DUTIES OF COMMISSION.
(a) Study of National Military Museum.--The Commission
shall conduct a study in order to make recommendations to
Congress regarding an authorization for the construction of a
national military museum in the National Capital Area.
(b) Study Elements.--In conducting the study, the
Commission shall do the following:
(1) Determine whether existing military museums,
historic sites, and memorials in the United States are
adequate--
(A) to provide in a cost-effective manner
for display of, and interaction with,
adequately visited and adequately preserved
artifacts and representations of the Armed
Forces and of the wars in which the United
States has been engaged;
(B) to honor the service to the United
States of the active and reserve members of the
Armed Forces and the veterans of the United
States;
(C) to educate current and future
generations regarding the Armed Forces and the
sacrifices of members of the Armed Forces and
the Nation in furtherance of the defense of
freedom; and
(D) to foster public pride in the
achievements and activities of the Armed
Forces.
(2) Determine whether adequate inventories of
artifacts and representations of the Armed Forces and
of the wars in which the United States has been engaged
are available, either in current inventories or in
private or public collections, for loan or other
provision to a national military museum.
(3) Develop preliminary proposals for--
(A) the dimensions and design of a national
military museum in the National Capital Area;
(B) the location of the museum in that
Area; and
(C) the approximate cost of the final
design and construction of the museum and of
the costs of operating the museum.
(c) Additional Duties.--If the Commission determines to
recommend that Congress authorize the construction of a
national military museum in the National Capital Area, the
Commission shall also, as a part of the study under subsection
(a), do the following:
(1) Recommend not fewer than three sites for the
museum ranked by preference.
(2) Propose a schedule for construction of the
museum.
(3) Assess the potential effects of the museum on
the environment, facilities, and roadways in the
vicinity of the site or sites where the museum is
proposed to be located.
(4) Recommend the percentages of funding for the
museum to be provided by the United States, State and
local governments, and private sources, respectively.
(5) Assess the potential for fundraising for the
museum during the 20-year period following the
authorization of construction of the museum.
(6) Assess and recommend various governing
structures for the museum, including a governing
structure that places the museum within the Smithsonian
Institution.
(d) Requirements for Location on Navy Annex Property.--In
the case of a recommendation under subsection (c)(1) to
authorize construction of a national military museum on the
Navy Annex property authorized for reservation for such purpose
by section 2871(b), the design of the national military museum
on such property shall be subject to the following
requirements:
(1) The design shall be prepared in consultation
with the Superintendent of Arlington National Cemetery.
(2) The design may not provide for access by
vehicles to the national military museum through
Arlington National Cemetery.
SEC. 2903. REPORT.
The Commission shall, not later than 12 months after the
date of its first meeting, submit to Congress a report on its
findings and conclusions under this title, including any
recommendations under section 2902.
SEC. 2904. POWERS.
(a) Hearings.--The Commission or, at its direction, any
panel or member of the Commission, may, for the purpose of
carrying out the provisions of this title, hold hearings, sit
and act at times and places, take testimony, receive evidence,
and administer oaths to the extent that the Commission or any
panel or member considers advisable.
(b) Information.--The Commission may secure directly from
the Department of Defense and any other Federal department or
agency information that the Commission considers necessary to
enable the Commission to carry out its responsibilities under
this title.
SEC. 2905. COMMISSION PROCEDURES.
(a) Meetings.--The Commission shall meet at the call of the
chairman.
(b) Quorum.--(1) Six of the members appointed under section
2901(b)(1) shall constitute a quorum other than for the purpose
of holding hearings.
(2) The Commission shall act by resolution agreed to by a
majority of the members of the Commission.
(c) Commission.--The Commission may establish panels
composed of less than full membership of the Commission for the
purpose of carrying out the Commission's duties. The actions of
each such panel shall be subject to the review and control of
the Commission. Any findings and determinations made by such a
panel shall not be considered the findings and determinations
of the Commission unless approved by the Commission.
(d) Authority of Individuals To Act for Commission.--Any
member or agent of the Commission may, if authorized by the
Commission, take any action which the Commission is authorized
to take under this title.
SEC. 2906. PERSONNEL MATTERS.
(a) Pay of Members.--Members of the Commission appointed
under section 2901(b)(1) shall serve without pay by reason of
their work on the Commission.
(b) Travel Expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
(c) Staff.--(1) The chairman of the Commission may, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, appoint a
staff director and such additional personnel as may be
necessary to enable the Commission to perform its duties. The
appointment of a staff director shall be subject to the
approval of the Commission.
(2) The chairman of the Commission may fix the pay of the
staff director and other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the rate
of pay fixed under this paragraph for the staff director may
not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title and the rate of pay
for other personnel may not exceed the maximum rate payable for
grade GS-15 of the General Schedule.
(d) Detail of Government Employees.--Upon request of the
chairman of the Commission, the head of any Federal department
or agency may detail, on a nonreimbursable basis, any personnel
of that department or agency to the Commission to assist it in
carrying out its duties.
(e) Procurement of Temporary and Intermittent Services.--
The chairman of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the
daily equivalent of the annual rate of basic pay payable for
level V of the Executive Schedule under section 5316 of such
title.
SEC. 2907. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.
(a) Postal and Printing Services.--The Commission may use
the United States mails and obtain printing and binding
services in the same manner and under the same conditions as
other departments and agencies of the United States.
(b) Miscellaneous Administrative and Support Services.--The
Secretary of Defense shall furnish the Commission, on a
reimbursable basis, any administrative and support services
requested by the Commission.
SEC. 2908. FUNDING.
(a) In General.--Funds for activities of the Commission
shall be provided from amounts appropriated for the Department
of Defense for operation and maintenance for Defense-wide
activities for fiscal year 2000.
(b) Request.--Upon receipt of a written certification from
the chairman of the Commission specifying the funds required
for the activities of the Commission, the Secretary of Defense
shall promptly disburse to the Commission, from such amounts,
the funds required by the Commission as stated in such
certification.
(c) Availability of Certain Funds.--Of the funds available
for activities of the Commission under this section, $2,000,000
shall be available for the activities, if any, of the
Commission under section 2902(c).
SEC. 2909. TERMINATION OF COMMISSION.
The Commission shall terminate 60 days after the date of
the submission of its report under section 2903.
TITLE XXX--MILITARY LAND WITHDRAWALS
Sec. 3001. Short title.
Subtitle A--Withdrawals Generally
Sec. 3011. Withdrawals.
Sec. 3012. Maps and legal descriptions.
Sec. 3013. Termination of withdrawals in Military Lands Withdrawal Act
of 1986.
Sec. 3014. Management of lands.
Sec. 3015. Duration of withdrawal and reservation.
Sec. 3016. Extension of initial withdrawal and reservation.
Sec. 3017. Ongoing decontamination.
Sec. 3018. Delegation.
Sec. 3019. Water rights.
Sec. 3020. Hunting, fishing, and trapping.
Sec. 3021. Mining and mineral leasing.
Sec. 3022. Use of mineral materials.
Sec. 3023. Immunity of United States.
Subtitle B--Withdrawals in Arizona
Sec. 3031. Barry M. Goldwater Range, Arizona.
Sec. 3032. Military use of Cabeza Prieta National Wildlife Refuge and
Cabeza Prieta Wilderness.
Sec. 3033. Maps and legal description.
Sec. 3034. Water rights.
Sec. 3035. Hunting, fishing, and trapping.
Sec. 3036. Use of mineral materials.
Sec. 3037. Immunity of United States.
Subtitle C--Authorization of Appropriations
Sec. 3041. Authorization of appropriations.
SEC. 3001. SHORT TITLE.
This title may be cited as the ``Military Lands Withdrawal
Act of 1999''.
Subtitle A--Withdrawals Generally
SEC. 3011. WITHDRAWALS.
(a) Naval Air Station Fallon Ranges, Nevada.--
(1) Withdrawal and reservation.--(A) Subject to
valid existing rights and except as otherwise provided
in this subtitle, the lands established at the B-16, B-
17, B-19, and B-20 Ranges, as referred to in paragraph
(2), and all other areas within the boundary of such
lands as depicted on the map referred to in such
paragraph which may become subject to the operation of
the public land laws, are hereby withdrawn from all
forms of appropriation under the public land laws,
including the mining laws and the mineral leasing and
geothermal leasing laws.
(B) The lands and interests in lands within the
boundaries established at the Dixie Valley Training
Area, as referred to in paragraph (2), are hereby
withdrawn from all forms of appropriation under the
public land laws, including the mining laws and
geothermal leasing laws, but not the mineral leasing
laws.
(C) The lands withdrawn by subparagraphs (A) and
(B) are reserved for use by the Secretary of the Navy
for--
(i) testing and training for aerial
bombing, missile firing, and tactical
maneuvering and air support; and
(ii) other defense-related purposes
consistent with the purposes specified in this
subparagraph.
(2) Land description.--The public lands and
interests in lands withdrawn and reserved by this
subsection comprise approximately 204,953 acres of land
in Churchill County, Nevada, as generally depicted as
``Proposed Withdrawal Land'' and ``Existing
Withdrawals'' on the map entitled ``Naval Air Station
Fallon Ranges--Proposed Withdrawal of Public Lands for
Range Safety and Training Purposes'', dated May 25,
1999, and filed in accordance with section 3012.
(3) Relationship to other reservations.--
(A) B-16 range.--To the extent the
withdrawal and reservation made by paragraph
(1) for the B-16 Range withdraws lands
currently withdrawn and reserved for use by the
Bureau of Reclamation, the reservation made by
that paragraph shall be the primary reservation
for public safety management actions only, and
the existing Bureau of Reclamation reservation
shall be the primary reservation for all other
management actions.
(B) Shoal site.--The Secretary of Energy
shall remain responsible and liable for the
subsurface estate and all its activities at the
``Shoal Site'' withdrawn and reserved by Public
Land Order Number 2771, as amended by Public
Land Order Number 2834. The Secretary of the
Navy shall be responsible for the management
and use of the surface estate at the ``Shoal
Site'' pursuant to the withdrawal and
reservation made by paragraph (1).
(4) Water rights.-- Effective as of the date of the
enactment of this Act, the Secretary of the Navy shall
ensure that the Navy complies with the portion of the
memorandum of understanding between the Department of
the Navy and the United States Fish and Wildlife
Service dated July 26, 1995, requiring the Navy to
limit water rights to the maximum extent practicable,
consistent with safety of operations, for Naval Air
Station Fallon, Nevada, currently not more than 4,402
acre-feet of water per year.
(b) Nellis Air Force Range, Nevada.--
(1) Department of air force.--Subject to valid
existing rights and except as otherwise provided in
this subtitle, the public lands described in paragraph
(4) are hereby withdrawn from all forms of
appropriation under the public land laws, including the
mining laws and the mineral leasing and geothermal
leasing laws. Such lands are reserved for use by the
Secretary of the Air Force--
(A) as an armament and high hazard testing
area;
(B) for training for aerial gunnery,
rocketry, electronic warfare, and tactical
maneuvering and air support;
(C) for equipment and tactics development
and testing; and
(D) for other defense-related purposes
consistent with the purposes specified in this
paragraph.
(2) Department of energy.--
(A) Revocation.--Public Land Order Number
1662, published in the Federal Register on June
26, 1958, is hereby revoked in its entirety.
(B) Withdrawal.--Subject to valid existing
rights, all lands within the boundary of the
area labeled ``Pahute Mesa'' as generally
depicted on the map referred to in paragraph
(4) are hereby withdrawn from all forms of
appropriation under the public land laws,
including the mining laws and the mineral
leasing and geothermal leasing laws.
(C) Reservation.--The lands withdrawn under
subparagraph (B) are reserved for use by the
Secretary of Energy as an integral part of the
Nevada Test Site. Other provisions of this
subtitle do not apply to the land withdrawn and
reserved under this paragraph, except as
provided in section 3017.
(3) Department of Interior.--Notwithstanding the
Desert National Wildlife Refuge withdrawal and
reservation made by Executive Order Number 7373, dated
May 20, 1936, as amended by Public Land Order Number
4079, dated August 26, 1966, and Public Land Order
Number 7070, dated August 4, 1994, the lands depicted
as impact areas on the map referred to in paragraph (4)
are, upon completion of the transfers authorized in
paragraph (5)(F)(ii), transferred to the primary
jurisdiction of the Secretary of the Air Force, who
shall manage the lands in accordance with the
memorandum of understanding referred to in paragraph
(5)(E). The Secretary of the Interior shall retain
secondary jurisdiction over the lands for wildlife
conservation purposes.
(4) Land description.--The public lands and
interests in lands withdrawn and reserved by paragraphs
(1) and (2) comprise approximately 2,919,890 acres of
land in Clark, Lincoln, and Nye Counties, Nevada, as
generally depicted on the map entitled ``Nevada Test
and Training Range, Proposed Withdrawal Extension'',
dated April 22, 1999, and filed in accordance with
section 3012.
(5) Desert national wildlife refuge.--
(A) Management.--During the period of
withdrawal and reservation of lands by this
subtitle, the Secretary of the Interior shall
exercise administrative jurisdiction over the
Desert National Wildlife Refuge (except for the
lands referred to in this subsection) through
the United States Fish and Wildlife Service in
accordance with the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C.
668dd et seq.), this subtitle, and other laws
applicable to the National Wildlife Refuge
System.
(B) Use of mineral materials.--
Notwithstanding any other provision of this
subtitle or the Act of July 31, 1947 (commonly
known as the Materials Act of 1947; 30 U.S.C.
601 et seq.), no mineral material resources may
be obtained from the parts of the Desert
National Wildlife Refuge that are not depicted
as impact areas on the map referred to in
paragraph (4), except in accordance with the
procedures set forth in the memorandum of
understanding referred to in subparagraph (E).
(C) Access restrictions.--If the Secretary
of the Air Force determines that military
operations, public safety, or national security
require the closure to the public of any road,
trail, or other portion of the Desert National
Wildlife Refuge that is withdrawn by this
subtitle, the Secretary of the Interior shall
take action to effect and maintain such
closure, including agreeing to amend the
memorandum of understanding referred to in
subparagraph (E) to establish new or enhanced
surface safety zones.
(D) Effect of subtitle.--Neither the
withdrawal under paragraph (1) nor any other
provision of this subtitle, except this
subsection and subsections (a) and (b) of
section 3014, shall be construed to effect the
following:
(i) The National Wildlife Refuge
System Administration Act of 1966 (16
U.S.C. 668dd et seq.) or any other law
related to management of the National
Wildlife Refuge System.
(ii) Any Executive order or public
land order in effect on the date of the
enactment of this Act with respect to
the Desert National Wildlife Refuge.
(iii) Any memorandum of
understanding between the Secretary of
the Interior and the Secretary of the
Air Force concerning the joint use of
lands withdrawn for use by the Air
Force within the external boundaries of
the Desert National Wildlife Refuge,
except to the extent the provisions of
such memorandum of understanding are
inconsistent with the provisions of
this subtitle, in which case such
memorandum of understanding shall be
reviewed and amended to conform to the
provisions of this title not later than
120 days after the date of the
enactment of this Act.
(E) Memorandum of understanding.--(i) The
Secretary of the Interior, in coordination with
the Secretary of the Air Force, shall manage
the portion of the Desert National Wildlife
Refuge withdrawn by this subtitle, except for
the lands referred to in paragraph (3), for the
purposes for which the refuge was established,
and to support current and future military
aviation training needs consistent with the
current memorandum of understanding between the
Department of the Air Force and the Department
of the Interior, including any extension or
other amendment of such memorandum of
understanding as provided under this
subparagraph.
(ii) As part of the review of the existing
memorandum of understanding provided for in
this paragraph, the Secretary of the Interior
and the Secretary of the Air Force shall extend
the memorandum of understanding for a period
that coincides with the duration of the
withdrawal of the lands constituting Nellis Air
Force Range under this subtitle.
(iii) Nothing in this paragraph shall be
construed as prohibiting the Secretary of the
Interior and the Secretary of the Air Force
from revising the memorandum of understanding
at any future time should they mutually agree
to do so.
(iv) Amendments to the memorandum of
understanding shall take effect 90 days after
the date on which the Secretary of the Interior
submits notice of such amendments to the
Committees on Environment and Public Works,
Energy and Natural Resources, and Armed
Services of the Senate and the Committees on
Resources and Armed Services of the House of
Representatives.
(F) Acquisition of replacement property.--
(i) In addition to any other amounts authorized
to be appropriated by section 3041, there are
hereby authorized to be appropriated to the
Secretary of the Air Force such sums as may be
necessary for the replacement of National
Wildlife Refuge System lands in Nevada covered
by this subsection.
(ii) The Secretary of the Air Force may,
using funds appropriated pursuant to the
authorization of appropriations in clause (i)
to--
(I) acquire lands, waters, or
interests in lands or waters in Nevada
pursuant to clause (i) which are
acceptable to the Secretary of the
Interior, and transfer such lands to
the Secretary of the Interior; or
(II) transfer such funds to the
Secretary of the Interior for the
purpose of acquiring such lands.
(iii) The transfers authorized by clause
(ii) shall be deemed complete upon written
notification from the Secretary of the Interior
to the Secretary of the Air Force that lands,
or funds, equal to the amount appropriated
pursuant to the authorization of appropriations
in clause (i) have been received by the
Secretary of the Interior from the Secretary of
the Air Force.
(c) Fort Greely and Fort Wainwright Training Ranges,
Alaska.--
(1) Withdrawal and reservation.--Subject to valid
existing rights and except as otherwise provided in
this subtitle, all lands and interests in lands within
the boundaries established at the Fort Greely East and
West Training Ranges and the Yukon Training Range of
Fort Wainwright, as referred to in paragraph (2), are
hereby withdrawn from all forms of appropriation under
the public land laws, including the mining laws and the
mineral leasing and geothermal leasing laws. Such lands
are reserved for use by the Secretary of the Army for--
(A) military maneuvering, training, and
equipment development and testing;
(B) training for aerial gunnery, rocketry,
electronic warfare, and tactical maneuvering
and air support; and
(C) other defense-related purposes
consistent with the purposes specified in this
paragraph.
(2) Land description.--The public lands and
interests in lands withdrawn and reserved by this
subsection comprise approximately 869,862 acres of land
in the Fairbanks North Star Borough and the Unorganized
Borough, Alaska, as generally depicted on the map
entitled ``Fort Wainwright and Fort Greely Regional
Context Map'', dated June 3, 1987, and filed in
accordance with section 3012.
(d) McGregor Range, Fort Bliss, New Mexico.--
(1) Withdrawal and reservation.--Subject to valid
existing rights and except as otherwise provided in
this subtitle, all lands and interests in lands within
the boundaries established at the McGregor Range of
Fort Bliss, as referred to in paragraph (2), are hereby
withdrawn from all forms of appropriation under the
public land laws, including the mining laws and the
mineral leasing and geothermal leasing laws. Such lands
are reserved for use by the Secretary of the Army for--
(A) military maneuvering, training, and
equipment development and testing;
(B) training for aerial gunnery, rocketry,
electronic warfare, and tactical maneuvering
and air support associated with the Air Force
Tactical Target Complex; and
(C) other defense-related purposes
consistent with the purposes specified in this
paragraph.
(2) Land description.--The public lands and
interests in lands withdrawn and reserved by this
subsection comprise 608,385 acres of land in Otero
County, New Mexico, as generally depicted on the map
entitled ``McGregor Range Withdrawal'', dated June 3,
1999, and filed in accordance with section 3012.
SEC. 3012. MAPS AND LEGAL DESCRIPTIONS.
(a) Publication and Filing.--As soon as practicable after
the date of the enactment of this Act, the Secretary of the
Interior shall--
(1) publish in the Federal Register a notice
containing the legal description of the lands withdrawn
and reserved by this subtitle; and
(2) file maps and the legal descriptions of the
lands withdrawn and reserved by this subtitle with the
Committee on Energy and Natural Resources of the Senate
and the Committee on Resources of the House of
Representatives.
(b) Technical Corrections.--Such maps and legal
descriptions shall have the same force and effect as if
included in this subtitle, except that the Secretary of the
Interior may correct clerical and typographical errors in such
maps and legal descriptions.
(c) Availability for Public Inspection.--Copies of such
maps and legal descriptions shall be available for public
inspection in the offices of the Director and appropriate State
Directors and field office managers of the Bureau of Land
Management, the office of the commander, Naval Air Station
Fallon, Nevada, the offices of the Director and appropriate
Regional Directors of the United States Fish and Wildlife
Service, the office of the commander, Nellis Air Force Base,
Nevada, the office of the commander, Fort Bliss, Texas, the
office of the commander, Fort Greely, Alaska, the office of the
commander, Fort Wainwright, Alaska, and the Office of the
Secretary of Defense.
(d) Reimbursement.--The Secretary of Defense shall
reimburse the Secretary of the Interior for any costs incurred
by the Secretary of the Interior in implementing this section.
SEC. 3013. TERMINATION OF WITHDRAWALS IN MILITARY LANDS WITHDRAWAL ACT
OF 1986.
Except as otherwise provided in this title, the withdrawals
made by the Military Lands Withdrawal Act of 1986 (Public Law
99-606) shall terminate after November 6, 2001.
SEC. 3014. MANAGEMENT OF LANDS.
(a) Management by Secretary of Interior.--
(1) Applicable law.--During the period of the
withdrawal of lands under this subtitle, the Secretary
of the Interior shall manage the lands withdrawn by
section 3011 pursuant to the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.), other
applicable law, and this subtitle. The Secretary shall
manage the lands within the Desert National Wildlife
Refuge in accordance with the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd et
seq.) and other applicable law. No provision of this
subtitle, except sections 3011(b)(5)(D), 3020, and
3021, shall apply to the management of the Desert
National Wildlife Refuge.
(2) Activities authorized.--To the extent
consistent with applicable law and Executive orders,
the lands withdrawn by section 3011 may be managed in a
manner permitting--
(A) the continuation of grazing where
permitted on the date of the enactment of this
Act;
(B) the protection of wildlife and wildlife
habitat;
(C) the control of predatory and other
animals;
(D) recreation; and
(E) the prevention and appropriate
suppression of brush and range fires resulting
from nonmilitary activities.
(3) Nonmilitary uses.--
(A) In general.--All nonmilitary use of the
lands referred to in paragraph (2), other than
the uses described in that paragraph, shall be
subject to such conditions and restrictions as
may be necessary to permit the military use of
such lands for the purposes specified in or
authorized pursuant to this subtitle.
(B) Leases, easements, and rights of way.--
The Secretary of the Interior may issue a
lease, easement, right of way, or other
authorization with respect to the nonmilitary
use of lands referred to in paragraph (2) only
with the concurrence of the Secretary of the
military department concerned.
(b) Closure to Public.--
(1) In general.--If the Secretary of the military
department concerned determines that military
operations, public safety, or national security require
the closure to public use of any road, trail, or other
portion of lands withdrawn by this subtitle, that
Secretary may take such action as that Secretary
determines necessary or desirable to effect and
maintain such closure.
(2) Limitations.--Any closure under paragraph (1)
shall be limited to the minimum areas and periods which
the Secretary of the military department concerned
determines are required to carry out this subsection.
(3) Notice.--Before and during any closure under
this subsection, the Secretary of the military
department concerned shall--
(A) keep appropriate warning notices
posted; and
(B) take appropriate steps to notify the
public concerning such closure.
(c) Management Plan.--The Secretary of the Interior, after
consultation with the Secretary of the military department
concerned, shall develop a plan for the management of each area
withdrawn by section 3011 during the period of withdrawal under
this subtitle. Each plan shall--
(1) be consistent with applicable law;
(2) be subject to the conditions and restrictions
specified in subsection (a)(3);
(3) include such provisions as may be necessary for
proper management and protection of the resources and
values of such area; and
(4) be developed not later than two years after the
date of the enactment of this Act.
(d) Brush and Range Fires.--
(1) In general.--The Secretary of the military
department concerned shall take necessary precautions
to prevent and suppress brush and range fires occurring
within and outside lands withdrawn by section 3011 as a
result of military activities and may seek assistance
from the Bureau of Land Management in the suppression
of such fires.
(2) Assistance.--Each memorandum of understanding
required by subsection (e) shall--
(A) require the Bureau of Land Management
to provide assistance in the suppression of
fires under paragraph (1) upon the request of
the Secretary of the military department
concerned; and
(B) provide for a transfer of funds from
the military department concerned to the Bureau
of Land Management as compensation for any
assistance so provided.
(e) Memorandum of Understanding.--
(1) Requirement.--The Secretary of the Interior and
the Secretary of the military department concerned
shall, with respect to each lands withdrawn by section
3011, enter into a memorandum of understanding to
implement the management plan for such lands under
subsection (c).
(2) Duration.--The duration of any memorandum of
understanding for lands withdrawn by section 3011 shall
be the same as the period of the withdrawal of such
lands under this subtitle.
(f) Additional Military Uses.--
(1) In general.--Lands withdrawn by section 3011
(except lands within the Desert National Wildlife
Refuge) may be used for defense-related purposes other
than those specified in the applicable provisions of
such section.
(2) Notice.--The Secretary of Defense shall
promptly notify the Secretary of the Interior in the
event that lands withdrawn by this subtitle will be
used for defense-related purposes other than those
specified in the applicable provisions of section 3011.
(3) Contents of notice.--A notice under paragraph
(2) shall indicate the additional use or uses involved,
the proposed duration of such use or uses, and the
extent to which such use or uses will require that
additional or more stringent conditions or restrictions
be imposed on otherwise permitted nonmilitary uses of
the lands concerned, or portions thereof.
SEC. 3015. DURATION OF WITHDRAWAL AND RESERVATION.
(a) General Termination Date.--The withdrawal and
reservation of lands by section 3011 shall terminate 25 years
after November 6, 2001, except as otherwise provided in this
subtitle and except for the withdrawals provided for under
subsections (a) and (b) of section 3011 which shall terminate
20 years after November 6, 2001.
(b) Commencement Date for Certain Lands.--As to the lands
withdrawn for military purposes by section 3011, but not
withdrawn for military purposes by section 1 of the Military
Lands Withdrawal Act of 1986 (Public Law 99-606), the
withdrawal of such lands shall become effective on the date of
the enactment of this Act.
(c) Opening Date.--On the date of the termination of the
withdrawal and reservation of lands under this subtitle, such
lands shall not be open to any form of appropriation under the
public land laws, including the mineral laws and the mineral
leasing and geothermal leasing laws, until the Secretary of the
Interior publishes in the Federal Register an appropriate order
stating the date upon which such lands shall be restored to the
public domain and opened.
SEC. 3016. EXTENSION OF INITIAL WITHDRAWAL AND RESERVATION.
(a) In General.--Not later than three years before the
termination date of the initial withdrawal and reservation of
lands under this subtitle, the Secretary of the military
department concerned shall notify Congress and the Secretary of
the Interior concerning whether the military department will
have a continuing military need after such termination date for
all or any portion of such lands.
(b) Duties Regarding Continuing Military Need.--
(1) In general.--If the Secretary of the military
department concerned determines that there will be a
continuing military need for any lands withdrawn by
this subtitle, the Secretary of the military department
concerned shall--
(A) consult with the Secretary of the
Interior concerning any adjustments to be made
to the extent of, or to the allocation of
management responsibility for, such lands; and
(B) file with the Secretary of the
Interior, within one year after the notice
required by subsection (a), an application for
extension of the withdrawal and reservation of
such lands.
(2) Application for extension.--Notwithstanding any
general procedure of the Department of the Interior for
processing Federal land withdrawals, an application for
extension under paragraph (1) shall be considered
complete if the application includes the following:
(A) The information required by section 3
of the Engle Act (43 U.S.C. 157), except that
no information shall be required concerning the
use or development of mineral, timber, or
grazing resources unless, and to the extent,
the Secretary of the military department
concerned proposes to use or develop such
resources during the period of extension.
(B) A copy of the most recent report
prepared in accordance with the Sikes Act (16
U.S.C. 670 et seq.).
(c) Legislative Proposals.--The Secretary of the Interior
and the Secretary of the military department concerned shall
ensure that any legislative proposal for the extension of the
withdrawal and reservation of lands under this subtitle is
submitted to Congress not later than May 1 of the year
preceding the year in which the withdrawal and reservation of
such lands would otherwise terminate under this subtitle.
(d) Notice of Intent Regarding Relinquishment.--If during
the period of the withdrawal and reservation of lands under
this subtitle, the Secretary of the military department
concerned decides to relinquish all or any of the lands
withdrawn and reserved by section 3011, such Secretary shall
transmit a notice of intent to relinquish such lands to the
Secretary of the Interior.
SEC. 3017. ONGOING DECONTAMINATION.
(a) Program.--Throughout the duration of the withdrawal of
lands under this subtitle, the Secretary of the military
department concerned shall, to the extent funds are available
for such purpose, maintain a program of decontamination of such
lands consistent with applicable Federal and State law.
(b) Reports.--
(1) Requirement.--Not later than 45 days after the
date on which the President transmits to Congress the
President's proposed budget for any fiscal year
beginning after the date of the enactment of this Act,
the Secretary of each military department shall
transmit to the Committees on Appropriations, Armed
Services, and Energy and Natural Resources of the
Senate and the Committees on Appropriations, Armed
Services, and Resources of the House of Representatives
a description of the decontamination efforts undertaken
on lands under this subtitle under the jurisdiction of
such Secretary during the previous fiscal year and the
decontamination activities proposed to be undertaken on
such lands during the next fiscal year.
(2) Report elements.--Each report shall specify the
following:
(A) Amounts appropriated and obligated or
expended for decontamination of such lands.
(B) The methods used to decontaminate such
lands.
(C) The amounts and types of decontaminants
removed from such lands.
(D) The estimated types and amounts of
residual contamination on such lands.
(E) An estimate of the costs for full
decontamination of such lands and the estimate
of the time to complete such decontamination.
(c) Decontamination Before Relinquishment.--
(1) Duties before notice of intent to relinquish.--
Before transmitting a notice of intent to relinquish
lands under section 3016(d), the Secretary of Defense,
acting through the Secretary of the military department
concerned, shall prepare a written determination
concerning whether and to what extent such lands are
contaminated with explosive, toxic, or other hazardous
materials.
(2) Determination accompanies notice.--A copy of
any determination prepared with respect to lands under
paragraph (1) shall be transmitted together with the
notice of intent to relinquish such lands under section
3016(d).
(3) Publication of notice and determination.--The
Secretary of the Interior shall publish in the Federal
Register a copy of any notice of intent to relinquish
and determination concerning the contaminated state of
the lands that is transmitted under this subsection.
(d) Alternatives to Decontamination Before
Relinquishment.--If the Secretary of the Interior, after
consultation with the Secretary of the military department
concerned, determines that decontamination of any land which is
the subject of a notice of intent to relinquish under section
3016(d) is not practicable or economically feasible, or that
such land cannot be decontaminated sufficiently to be opened to
the operation of some or all of the public land laws, or if
Congress does not appropriate sufficient funds for the
decontamination of such land, the Secretary of the Interior
shall not be required to accept such land for relinquishment.
(e) Status of Contaminated Lands.--If because of their
contaminated state the Secretary of the Interior declines to
accept jurisdiction over lands withdrawn by this subtitle which
have been proposed for relinquishment, or if at the expiration
of the withdrawal of such lands by this subtitle the Secretary
of the Interior determines that some of such lands are
contaminated to an extent which prevents opening such lands to
operation of the public land laws--
(1) the Secretary of the military department
concerned shall take appropriate steps to warn the
public of the contaminated state of such lands and any
risks associated with entry onto such lands;
(2) after the expiration of the withdrawal of such
lands under this subtitle, the Secretary of the
military department concerned shall undertake no
activities on such lands except in connection with
decontamination of such lands; and
(3) the Secretary of the military department
concerned shall submit to the Secretary of the Interior
and Congress a report on the status of such lands and
all actions taken under this subsection.
(f) Revocation Authority.--
(1) Authority.--Notwithstanding any other provision
of law, the Secretary of the Interior, upon deciding
that it is in the public interest to accept
jurisdiction over lands proposed for relinquishment
under section 3016(d), may revoke the withdrawal and
reservation of lands under this subtitle as it applies
to such lands.
(2) Order.--Should a decision be made to revoke the
withdrawal and reservation of lands under paragraph
(1), the Secretary of the Interior shall publish in the
Federal Register an appropriate order which shall --
(A) terminate the withdrawal and
reservation of such lands under this subtitle;
(B) constitute official acceptance of full
jurisdiction over such lands by the Secretary
of the Interior; and
(C) state the date on which such lands will
be opened to the operation of some or all of
the public lands laws, including the mining
laws.
SEC. 3018. DELEGATION.
(a) Military Departments.--The functions of the Secretary
of Defense, or of the Secretary of a military department, under
this subtitle may be delegated.
(b) Department of Interior.--The functions of the Secretary
of the Interior under this subtitle may be delegated, except
that an order described in section 3017(f)(2) may be approved
and signed only by the Secretary of the Interior, the Under
Secretary of the Interior, or an Assistant Secretary of the
Interior.
SEC. 3019. WATER RIGHTS.
Nothing in this subtitle shall be construed to establish a
reservation to the United States with respect to any water or
water right on lands covered by section 3011. No provision of
this subtitle shall be construed as authorizing the
appropriation of water on lands covered by section 3011 by the
United States after the date of the enactment of this Act,
except in accordance with the law of the State in which such
lands are located. This section shall not be construed to
affect water rights acquired by the United States before the
date of the enactment of this Act.
SEC. 3020. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on lands withdrawn by
this subtitle shall be conducted in accordance with the
provisions of section 2671 of title 10, United States Code,
except that hunting, fishing, and trapping within the Desert
National Wildlife Refuge shall be conducted in accordance with
the National Wildlife Refuge System Administration Act of 1966
(16 U.S.C. 668dd et seq.), the Recreation Use of Wildlife Areas
Act of 1969 (16 U.S.C. 460k et seq.), and other laws applicable
to the National Wildlife Refuge System.
SEC. 3021. MINING AND MINERAL LEASING.
(a) Determination of Lands Suitable for Opening.--
(1) Determination.--As soon as practicable after
the date of the enactment of this Act and at least
every five years thereafter, the Secretary of the
Interior shall determine, with the concurrence of the
Secretary of the military department concerned, which
public and acquired lands covered by section 3011 the
Secretary of the Interior considers suitable for
opening to the operation of the Mining Law of 1872, the
Mineral Lands Leasing Act of 1920, the Mineral Leasing
Act for Acquired Lands of 1947, the Geothermal Steam
Act of 1970, or any one or more of such Acts.
(2) Exceptions.--The Secretary of the Interior may
not make any determination otherwise required under
paragraph (1) with respect to lands contained within
the Desert National Wildlife Refuge in Nevada.
(3) Notice.--The Secretary of the Interior shall
publish a notice in the Federal Register listing the
lands determined suitable for opening under this
subsection and specifying the opening date for such
lands.
(b) Opening Lands.--On the date specified by the Secretary
of the Interior in a notice published in the Federal Register
under subsection (a), the land identified under that subsection
as suitable for opening to the operation of one or more of the
laws specified in that subsection shall automatically be open
to the operation of such laws without the necessity for further
action by the Secretary or Congress.
(c) Exception for Common Varieties.--No deposit of minerals
or materials of the types identified by section 3 of the Act of
July 23, 1955 (69 Stat. 367), whether or not included in the
term ``common varieties'' in that Act, shall be subject to
location under the Mining Law of 1872 on lands covered by
section 3011.
(d) Regulations.--The Secretary of the Interior, with the
advice and concurrence of the Secretary of the military
department concerned, shall prescribe such regulations to carry
out this section as may be necessary to assure safe,
uninterrupted, and unimpeded use of the lands covered by
section 3011 for military purposes. Such regulations shall also
contain guidelines to assist mining claimants in determining
how much, if any, of the surface of any lands opened pursuant
to this section may be used for purposes incident to mining.
(e) Closure of Mining Lands.--In the event of a national
emergency or for purposes of national defense or security, the
Secretary of the Interior, at the request of the Secretary of
the military department concerned, shall close any lands that
have been opened to mining or to mineral or geothermal leasing
pursuant to this section.
(f) Laws Governing Mining on Withdrawn Lands.--
(1) In general.--Except as otherwise provided in
this subtitle, mining claims located pursuant to this
subtitle shall be subject to the provisions of the
mining laws. In the event of a conflict between such
laws and this subtitle, this subtitle shall prevail.
(2) Regulation under flpma.--Any mining claim
located under this subtitle shall be subject to the
provisions of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.).
(g) Patents.--
(1) In general.--Patents issued pursuant to this
subtitle for locatable minerals shall convey title to
locatable minerals only, together with the right to use
so much of the surface as may be necessary for purposes
incident to mining under the guidelines for such use
established by the Secretary of the Interior by
regulation.
(2) Reservation.--All patents referred to in
paragraph (1) shall contain a reservation to the United
States of the surface of all lands patented and of all
nonlocatable minerals on such lands.
(3) Locatable minerals.--For purposes of this
subsection, all minerals subject to location under the
Mining Law of 1872 are referred to as ``locatable
minerals''.
SEC. 3022. USE OF MINERAL MATERIALS.
Notwithstanding any other provision of this subtitle
(except as provided in section 3011(b)(5)(B)), or the Act of
July 31, 1947 (commonly known as the Materials Act of 1947; 30
U.S.C. 601 et seq.), the Secretary of the military department
concerned may use sand, gravel, or similar mineral material
resources of the type subject to disposition under that Act
from lands withdrawn and reserved by this subtitle if use of
such resources is required for construction needs on such
lands.
SEC. 3023. IMMUNITY OF UNITED STATES.
The United States and all departments or agencies thereof
shall be held harmless and shall not be liable for any injuries
or damages to persons or property suffered in the course of any
mining or mineral or geothermal leasing activity conducted on
lands covered by section 3011.
Subtitle B--Withdrawals in Arizona
SEC. 3031. BARRY M. GOLDWATER RANGE, ARIZONA.
(a) Withdrawal and Reservation.--
(1) Withdrawal.--Subject to valid existing rights
and except as otherwise provided in this title, all
lands and interests in lands within the boundaries
established at the Barry M. Goldwater Range, referred
to in paragraph (3), are hereby withdrawn from all
forms of appropriation under the general land laws,
including the mining laws and the mineral leasing and
geothermal leasing laws, and jurisdiction over such
lands and interests in lands is hereby transferred to
the Secretary of the Navy and the Secretary of the Air
Force.
(2) Reservation.--The lands withdrawn by paragraph
(1) for the Barry M. Goldwater Range--East are reserved
for use by the Secretary of the Air Force, and for
Barry M. Goldwater Range--West are reserved for use by
the Secretary of the Navy, for--
(A) an armament and high-hazard testing
area;
(B) training for aerial gunnery, rocketry,
electronic warfare, and tactical maneuvering
and air support;
(C) equipment and tactics development and
testing; and
(D) other defense-related purposes
consistent with the purposes specified in this
paragraph.
(3) Land description.--The public lands and
interests in lands withdrawn and reserved by this
subsection comprise approximately 1,650,200 acres of
land in Maricopa, Pima, and Yuma Counties, Arizona, as
generally depicted on the map entitled ``Barry M.
Goldwater Range Land Withdrawal'', dated June 17, 1999,
and filed in accordance with section 3033.
(4) Termination of current withdrawal.--Except as
otherwise provided in section 3032, as to the lands
withdrawn by section 1(c) of the Military Lands
Withdrawal Act of 1986 (Public Law 99-606), but not
withdrawn for military purposes by this section, the
withdrawal of such lands under that Act shall not
terminate until after November 6, 2001, or until the
relinquishment by the Secretary of the Air Force of
such lands is accepted by the Secretary of the
Interior. The withdrawal under that Act with respect to
the Cabeza Prieta National Wildlife Refuge shall
terminate on the date of the enactment of this Act.
(5) Changes in use.--The Secretary of the Navy and
the Secretary of the Air Force shall consult with the
Secretary of the Interior before using the lands
withdrawn and reserved by this section for any purpose
other than the purposes specified in paragraph (2).
(6) Indian tribes.--Nothing in this section shall
be construed as altering any rights reserved for
Indians by treaty or Federal law.
(7) Study.--(A) The Secretary of the Interior, in
coordination with the Secretary of Defense, shall
conduct a study of the lands referred to in
subparagraph (C) that have important aboriginal,
cultural, environmental, or archaeological significance
in order to determine the appropriate method to manage
and protect such lands following relinquishment of such
lands by the Secretary of the Air Force. The study
shall consider whether such lands can be better managed
by the Federal Government or through conveyance of such
lands to another appropriate entity.
(B) In carrying out the study required by
subparagraph (A), the Secretary of Interior shall work
with the affected tribes and other Federal and State
agencies having experience and knowledge of the matters
covered by the study, including all applicable laws
relating to the management of the resources referred to
in subparagraph (A) on the lands referred to in that
subparagraph.
(C) The lands referred to in subparagraph (A) are
four tracts of land currently included within the
military land withdrawal for the Barry M. Goldwater Air
Force Range in the State of Arizona, but that have been
identified by the Air Force as unnecessary for military
purposes in the Air Force's Draft Legislative
Environmental Impact Statement, dated September 1998,
and are depicted in figure 2-1 at page 2-7 of such
statement, as amended by figure A at page 177 of volume
2 of the Air Force's Final Legislative Environmental
Impact Statement, dated March 1999, as the following:
(i) Area 1 (the Sand Tank Mountains)
containing approximately 83,554 acres.
(ii) Area 9 (the Sentinel Plain) containing
approximately 24,756 acres.
(iii) Area 13 (lands surrounding the Ajo
Airport) containing approximately 2,779 acres.
(iv) Interstate 8 Vicinity Non-renewal Area
containing approximately 1,090 acres.
(D) Not later than one year after the date of the
enactment of this Act, the Secretary of Interior shall
submit to Congress a report containing the results of
the study required by subparagraph (A).
(b) Management of Withdrawn and Reserved Lands.--
(1) General management authority.--(A) During the
period of the withdrawal and reservation of lands by
this section, the Secretary of the Navy and the
Secretary of the Air Force shall manage the lands
withdrawn and reserved by this section for the military
purposes specified in this section, and in accordance
with the integrated natural resource management plan
prepared pursuant to paragraph (3).
(B) Responsibility for the natural and cultural
resources management of the lands referred to in
subparagraph (A), and the enforcement of Federal laws
related thereto, shall not transfer under that
subparagraph before the earlier of--
(i) the date on which the integrated
natural resources management plan required by
paragraph (3) is completed; or
(ii) November 6, 2001.
(C) The Secretary of the Interior may, if
appropriate, transfer responsibility for the natural
and cultural resources of the lands referred to in
subparagraph (A) to the Department of the Interior
pursuant to paragraph (7).
(2) Access restrictions.--(A) If the Secretary of
the Navy or the Secretary of the Air Force determines
that military operations, public safety, or national
security require the closure to the public of any road,
trail, or other portion of lands withdrawn and reserved
by this section, the Secretary of the Navy or the
Secretary of the Air Force may take such action as the
Secretary of the Navy or the Secretary of the Air Force
determines necessary or desirable to effect and
maintain such closure.
(B) Any closure under this paragraph shall be
limited to the minimum areas and periods that the
Secretary of the Navy or the Secretary of the Air Force
determines are required for the purposes specified in
subparagraph (A).
(C) Before any nonemergency closure under this
paragraph not specified in the integrated natural
resources management plan required by paragraph (3),
the Secretary of the Navy or the Secretary of the Air
Force shall consult with the Secretary of the Interior
and, where such closure may affect tribal lands, treaty
rights, or sacred sites, the Secretary of the Navy or
the Secretary of the Air Force shall consult, at the
earliest practicable time, with affected Indian tribes.
(D) Immediately before and during any closure under
this paragraph, the Secretary of the Navy or the
Secretary of the Air Force shall post appropriate
warning notices and take other steps, as necessary, to
notify the public of such closure.
(3) Integrated natural resources management plan.--
(A) Not later than two years after the date of the
enactment of this Act, the Secretary of the Navy, the
Secretary of the Air Force, and the Secretary of the
Interior shall jointly prepare an integrated natural
resources management plan for the lands withdrawn and
reserved by this section.
(B) The Secretary of the Navy and the Secretary of
the Interior may jointly prepare a separate plan
pursuant to this paragraph.
(C) Any disagreement concerning the contents of a
plan under this paragraph, or any subsequent amendments
to the plan, shall be resolved by the Secretary of the
Navy for the West Range and the Secretary of the Air
Force for the East Range, after consultation with the
Secretary of the Interior through the State Director,
Bureau of Land Management and, as appropriate, the
Regional Director, United States Fish and Wildlife
Service. This authority may be delegated to the
installation commanders.
(D) Any plan under this paragraph shall be prepared
and implemented in accordance with the Sikes Act (16
U.S.C. 670 et seq.) and the requirements of this
section.
(E) A plan under this paragraph for lands withdrawn
and reserved by this section shall--
(i) include provisions for proper
management and protection of the natural and
cultural resources of such lands, and for
sustainable use by the public of such resources
to the extent consistent with the military
purposes for which such lands are withdrawn and
reserved by this section;
(ii) be developed in consultation with
affected Indian tribes and include provisions
that address how the Secretary of the Navy and
the Secretary of the Air Force intend to--
(I) meet the trust responsibilities
of the United States with respect to
Indian tribes, lands, and rights
reserved by treaty or Federal law
affected by the withdrawal and
reservation;
(II) allow access to and ceremonial
use of sacred sites to the extent
consistent with the military purposes
for which such lands are withdrawn and
reserved; and
(III) provide for timely
consultation with affected Indian
tribes;
(iii) provide that any hunting, fishing,
and trapping on such lands be conducted in
accordance with the provisions of 2671 of title
10, United States Code;
(iv) provide for continued livestock
grazing and agricultural out-leasing where it
currently exists in accordance with the
provisions of section 2667 of title 10, United
States Code, and at the discretion of the
Secretary of the Navy or the Secretary of the
Air Force, as the case may be;
(v) identify current test and target impact
areas and related buffer or safety zones;
(vi) provide that the Secretary of the Navy
and the Secretary of the Air Force--
(I) shall take necessary actions to
prevent, suppress, and manage brush and
range fires occurring within the
boundaries of the Barry M. Goldwater
Range, as well as brush and range fires
occurring outside the boundaries of the
Barry M. Goldwater Range resulting from
military activities; and
(II) may obligate funds
appropriated or otherwise available to
the Secretaries to enter into memoranda
of understanding, and cooperative
agreements that shall reimburse the
Secretary of the Interior for costs
incurred under this clause;
(vii) provide that all gates, fences, and
barriers constructed on such lands after the
date of the enactment of this Act be designed
and erected to allow wildlife access, to the
extent practicable and consistent with military
security, safety, and sound wildlife management
use;
(viii) incorporate any existing management
plans pertaining to such lands, to the extent
that the Secretary of the Navy, the Secretary
of the Air Force and the Secretary of the
Interior, upon reviewing such plans, mutually
determine that incorporation of such plans into
a plan under this paragraph is appropriate;
(ix) include procedures to ensure that the
periodic reviews of the plan under the Sikes
Act are conducted jointly by the Secretary of
the Navy, the Secretary of the Air Force, and
the Secretary of the Interior, and that
affected States and Indian tribes, and the
public, are provided a meaningful opportunity
to comment upon any substantial revisions to
the plan that may be proposed; and
(x) provide procedures to amend the plan as
necessary.
(4) Memoranda of understanding and cooperative
agreements.--(A) The Secretary of the Navy and the
Secretary of the Air Force may enter into memoranda of
understanding or cooperative agreements with the
Secretary of the Interior or other appropriate Federal,
State, or local agencies, Indian tribes, or other
public or private organizations or institutions for
purposes of implementing an integrated natural
resources management plan prepared under paragraph (3).
(B) Any memorandum of understanding or cooperative
agreement under subparagraph (A) affecting integrated
natural resources management may be combined, where
appropriate, with any other memorandum of understanding
or cooperative agreement entered into under this
subtitle, and shall not be subject to the provisions of
chapter 63 of title 31, United States Code.
(5) Public reports.--(A)(i) Concurrent with each
review of the integrated natural resources management
plan under paragraph (3) pursuant to subparagraph
(E)(ix) of that paragraph, the Secretary of the Navy,
the Secretary of the Air Force, and the Secretary of
the Interior shall jointly prepare and issue a report
describing changes in the condition of the lands
withdrawn and reserved by this section from the later
of the date of any previous report under this paragraph
or the date of the environmental impact statement
prepared to support this section.
(ii) Any report under clause (i) shall include a
summary of current military use of the lands referred
to in that clause, any changes in military use of the
lands since the previous report, and efforts related to
the management of natural and cultural resources and
environmental remediation of the lands during the
previous five years.
(iii) Any report under this subparagraph may be
combined with any report required by the Sikes Act.
(iv) Any disagreements concerning the contents of a
report under this subparagraph shall be resolved by the
Secretary of the Navy and the Secretary of the Air
Force. This authority may be delegated to the
installation commanders.
(B)(i) Before the finalization of any report under
this paragraph, the Secretary of the Navy, the
Secretary of the Air Force, and the Secretary of the
Interior shall invite interested members of the public
to review and comment on the report, and shall hold at
least one public meeting concerning the report in a
location or locations reasonably accessible to persons
who may be affected by management of the lands
addressed by the report.
(ii) Each public meeting under clause (i) shall be
announced not less than 15 days before the date of the
meeting by advertisements in local newspapers of
general circulation, publication of an announcement in
the Federal Register, and any other means considered
necessary.
(C) The final version of any report under this
paragraph shall be made available to the public and
submitted to appropriate committees of Congress.
(6) Intergovernmental executive committee.--(A) Not
later than two years after the date of the enactment of
this Act, the Secretary of the Navy, the Secretary of
the Air Force, and the Secretary of the Interior shall,
by memorandum of understanding, establish an
intergovernmental executive committee comprised of
selected representatives from interested Federal
agencies, as well as at least one elected officer (or
other authorized representative) from State government
and at least one elected officer (or other authorized
representative) from each local and tribal government
as may be designated at the discretion of the Secretary
of the Navy, the Secretary of the Air Force, and the
Secretary of the Interior.
(B) The intergovernmental executive committee shall
be established solely for the purpose of exchanging
views, information, and advice relating to the
management of the natural and cultural resources of the
lands withdrawn and reserved by this section.
(C) The intergovernmental executive committee shall
operate in accordance with the terms set forth in the
memorandum of understanding under subparagraph (A),
which shall specify the Federal agencies and elected
officers or representatives of State, local and tribal
governments to be invited to participate.
(D) The memorandum of understanding under
subparagraph (A) shall establish procedures for
creating a forum for exchanging views, information, and
advice relating to the management of natural and
cultural resources on the lands concerned, procedures
for rotating the chair of the intergovernmental
executive committee, and procedures for scheduling
regular meetings.
(E) The Secretary of the Navy and the Secretary of
the Air Force shall, in consultation with the Secretary
of the Interior, appoint an individual to serve as
coordinator of the intergovernmental executive
committee. The duties of the coordinator shall be
included in the memorandum of understanding under
subparagraph (A). The coordinator shall not be a member
of the committee.
(7) Transfer of management responsibility.--(A)(i)
If the Secretary of the Interior determines that the
Secretary of the Navy or the Secretary of the Air Force
has failed to manage lands withdrawn and reserved by
this section for military purposes in accordance with
the integrated natural resource management plan for
such lands under paragraph (3), and that failure to do
so is resulting in significant and verifiable
degradation of the natural or cultural resources of
such lands, the Secretary of the Interior shall give
the Secretary of the Navy or the Secretary of the Air
Force, as the case may be, written notice of such
determination, a description of the deficiencies in
management practices by the Secretary of the Navy or
the Secretary of the Air Force, as the case may be, and
an explanation of the methodology employed in reaching
the determination.
(ii) Not later than 60 days after the date a
notification under clause (i) is received, the
Secretary of the Navy or the Secretary of the Air
Force, as the case may be, shall submit a response to
the Secretary of the Interior, which response may
include a plan of action for addressing any
deficiencies identified in the notice in the conduct of
management responsibility and for preventing further
significant degradation of the natural or cultural
resources of the lands concerned.
(iii) If, not earlier than three months after the
date a notification under clause (i) is received, the
Secretary of the Interior determines that deficiencies
identified in the notice are not being corrected, and
that significant and verifiable degradation of the
natural or cultural resources of the lands concerned is
continuing, the Secretary of the Interior may, not
earlier than 90 days after the date on which the
Secretary of the Interior submits to the committees
referred to in section 3032(d)(3) notice and a report
on the determination, transfer management
responsibility for the natural and cultural resources
of such lands from the Secretary of the Navy or the
Secretary of the Air Force, as the case may be, to the
Secretary of the Interior in accordance with a schedule
for such transfer established by the Secretary of the
Interior.
(B) After a transfer of management responsibility
pursuant to subparagraph (A), the Secretary of the
Interior may transfer management responsibility back to
the Secretary of the Navy or the Secretary of the Air
Force if the Secretary of the Interior determines that
adequate procedures and plans have been established to
ensure that the lands concerned will be adequately
managed by the Secretary of the Navy or the Secretary
of the Air Force, as the case may be, in accordance
with the integrated natural resources management plan
for such lands under paragraph (3).
(C) For any period during which the Secretary of
the Interior has management responsibility under this
paragraph for lands withdrawn and reserved by this
section, the integrated natural resources management
plan for such lands under paragraph (3), including any
amendments to the plan, shall remain in effect, pending
the development of a management plan prepared pursuant
to the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.), in cooperation with the
Secretary of the Navy or the Secretary of the Air
Force.
(D) Assumption by the Secretary of the Interior
pursuant to this paragraph of management responsibility
for the natural and cultural resources of lands shall
not affect the use of such lands for military purposes,
and the Secretary of the Navy or the Secretary of the
Air Force, as the case may be, shall continue to direct
military activities on such lands.
(8) Payment for services.--The Secretary of the
Navy and the Secretary of the Air Force shall assume
all costs for implementation of an integrated natural
resources management plan under paragraph (3),
including payment to the Secretary of the Interior
under section 1535 of title 31, United States Code, for
any costs the Secretary of the Interior incurs in
providing goods or services to assist the Secretary of
the Navy or the Secretary of the Air Force, as the case
may be, in the implementation of the integrated natural
resources management plan.
(9) Definitions.--In this subsection:
(A) The term ``Indian tribe'' means an
Indian or Alaska Native tribe, band, nation,
pueblo, village, or community that the
Secretary of the Interior acknowledges to exist
as an Indian tribe pursuant to the Federally
Recognized Indian Tribe List Act of 1994 (25
U.S.C 479 et seq.).
(B) The term ``sacred site'' means any
specific, discrete, narrowly delineated
location on Federal land that is identified by
an Indian tribe, or its designee, as sacred by
virtue of its established religious
significance to, or ceremonial use by, an
Indian religion, but only to the extent that
the tribe or its designee, has informed the
Secretary of the Navy or the Secretary of the
Air Force of the existence of such site.
Neither the Secretary of the Department of
Defense, the Secretary of the Navy, the
Secretary of the Air Force, nor the Secretary
of the Interior shall be required under section
552 of title 5, United States Code, to make
available to the public any information
concerning the location, character, or use of
any traditional Indian religious or sacred site
located on lands withdrawn and reserved by this
subsection.
(c) Environmental Requirements.--
(1) During withdrawal and reservation.--Throughout
the duration of the withdrawal and reservation of lands
by this section, including the duration of any renewal
or extension, and with respect both to the activities
undertaken by the Secretary of the Navy and the
Secretary of the Air Force on such lands and to all
activities occurring on such lands during such times as
the Secretary of the Navy and the Secretary of the Air
Force may exercise management jurisdiction over such
lands, the Secretary of the Navy and the Secretary of
the Air Force shall--
(A) be responsible for and pay all costs
related to the compliance of the Department of
the Navy or the Department of the Air Force, as
the case may be, with applicable Federal,
State, and local environmental laws,
regulations, rules, and standards;
(B) carry out and maintain in accordance
with the requirements of all regulations,
rules, and standards issued by the Department
of Defense pursuant to chapter 160 of title 10,
United States Code, relating to the Defense
Environmental Restoration Program, the joint
board on ammunition storage established under
section 172 of that title, and Executive Order
No. 12580, a program to address--
(i) any release or substantial
threat of release attributable to
military munitions (including
unexploded ordnance) and other
constituents; and
(ii) any release or substantial
threat of release, regardless of its
source, occurring on or emanating from
such lands during the period of
withdrawal and reservation; and
(C) provide to the Secretary of the
Interior a copy of any report prepared by the
Secretary of the Navy or the Secretary of the
Air Force, as the case may be, pursuant to any
Federal, State, or local environmental law,
regulation, rule, or standard.
(2) Before relinquishment or termination.--
(A) Environmental review.--(i) Upon
notifying the Secretary of the Interior that
the Secretary of the Navy or the Secretary of
the Air Force intends, pursuant to subsection
(f), to relinquish jurisdiction over lands
withdrawn and reserved by this section, the
Secretary of the Navy or the Secretary of the
Air Force shall provide to the Secretary of the
Interior an environmental baseline survey,
military range assessment, or other
environmental review characterizing the
environmental condition of the land, air, and
water resources affected by the activities
undertaken by the Secretary of the Navy or the
Secretary of the Air Force, as the case may be,
on and over such lands.
(ii) If hazardous substances were stored
for one year or more, known to have been
released or disposed of, or if a substantial
threat of release exists, on lands referred to
in clause (i), any environmental review under
that clause shall include notice of the type
and quantity of such hazardous substances and
notice of the time during which such storage,
release, substantial threat of release, or
disposal took place.
(B) Memorandum of understanding.--(i) In
addition to any other requirements under this
section, the Secretary of the Navy, the
Secretary of the Air Force, and the Secretary
of the Interior may enter into a memorandum of
understanding to implement the environmental
remediation requirements of this section.
(ii) The memorandum of understanding under
clause (i) may include appropriate, technically
feasible, and mutually acceptable cleanup
standards that the concerned Secretaries
believe environmental remediation activities
shall achieve and a schedule for completing
cleanup activities to meet such standards.
(iii) Cleanup standards under clause (ii)
shall be consistent with any legally applicable
or relevant and appropriate standard,
requirement, criteria, or limitation otherwise
required by law.
(C) Environmental remediation.--With
respect to lands to be relinquished pursuant to
subsection (f), the Secretary of the Navy or
the Secretary of the Air Force shall take all
actions necessary to address any release or
substantial threat of release, regardless of
its source, occurring on or emanating from such
lands during the period of withdrawal and
reservation under this section. To the extent
practicable, all such response actions shall be
taken before the termination of the withdrawal
and reservation of such lands under this
section.
(D) Consultation.--If the Secretary of the
Interior accepts the relinquishment of
jurisdiction over any lands withdrawn and
reserved by this section before all necessary
response actions under this section have been
completed, the Secretary of the Interior shall
consult with the Secretary of the Navy or the
Secretary of the Air Force, as the case may be,
before undertaking or authorizing any
activities on such lands that may affect
existing releases, interfere with the
installation, maintenance, or operation of any
response action, or expose any person to a
safety or health risk associated with either
the releases or the response action being
undertaken.
(3) Responsibility and liability.--(A) The
Secretary of the Navy and the Secretary of the Air
Force, and not the Secretary of the Interior, shall be
responsible for and conduct the necessary remediation
of all releases or substantial threats of release,
whether located on or emanating from lands withdrawn
and reserved by this section, and whether known at the
time of relinquishment or termination or subsequently
discovered, attributable to management of the lands
withdrawn and reserved by this section by the Secretary
of the Navy or the Secretary of the Air Force, as the
case may be, or the use, management, storage, release,
treatment, or disposal of hazardous materials,
hazardous substances, hazardous wastes, pollutants,
contaminants, petroleum products and their derivatives,
military munitions, or other constituents on such lands
by the Secretary of the Navy or the Secretary of the
Air Force, as the case may be.
(B) Responsibility under subparagraph (A) shall
include liability for any costs or claims asserted
against the United States for activities referred to in
that subparagraph.
(C) Nothing in this paragraph is intended to
prevent the United States from bringing a cost
recovery, contribution, or other action against third
persons or parties the Secretary of the Navy or the
Secretary of the Air Force reasonably believes may have
contributed to a release or substantial threat of
release.
(4) Other federal agencies.--If the Secretary of
the Navy or the Secretary of the Air Force delegates
responsibility or jurisdiction to another Federal
agency over, or permits another Federal agency to
operate on, lands withdrawn and reserved by this
section, the agency shall assume all responsibility and
liability described in paragraph (3) for their
activities with respect to such lands.
(5) Definitions.--In this subsection:
(A)(i) The term ``military munitions''--
(I) means all ammunition products
and components produced or used by or
for the Department of Defense or the
Armed Services for national defense and
security, including military munitions
under the control of the Department of
Defense, the Coast Guard, the
Department of Energy, and National
Guard personnel;
(II) includes confined gaseous,
liquid, and solid propellants,
explosives, pyrotechnics, chemical and
riot control agents, smokes, and
incendiaries used by and for Department
of Defense components, including bulk
explosives and chemical warfare agents,
chemical munitions, rockets, guided and
ballistic missiles, bombs, warheads,
mortar rounds, artillery ammunition,
small arms ammunition, grenades, mines
torpedoes, depth charges, cluster
munitions and dispensers, demolition
charges, and devices and components
thereof; and
(III) includes nonnuclear
components of nuclear devices managed
under the nuclear weapons program of
the Department of Energy after all
required sanitization operations under
the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.) have been
completed.
(ii) The term does not include wholly inert
items, improvised explosive devices, and
nuclear weapons, nuclear devices, and nuclear
components thereof.
(B) The term ``unexploded ordnance'' means
military munitions that have been primed,
fused, armed, or otherwise prepared for action,
and have been fired, dropped, launched,
projected, or placed in such a manner as to
constitute a hazard or potential hazard, to
operations, installation, personnel, or
material, and remain unexploded either by
malfunction, design, or other cause.
(C) The term ``other constituents'' means
potentially hazardous compounds, mixtures, or
elements that are released from military
munitions or unexploded ordnance or result from
other activities on military ranges.
(d) Duration of Withdrawal and Reservations.--
(1) In general.--Unless extended pursuant to
subsection (e), the withdrawal and reservation of lands
by this section shall terminate 25 years after the date
of the enactment of this Act, except as otherwise
provided in subsection (f)(4).
(2) Opening.--On the date of the termination of the
withdrawal and reservation of lands by this section,
such lands shall not be open to any form of
appropriation under the general land laws, including
the mining laws and the mineral leasing and geothermal
leasing laws, until the Secretary of the Interior
publishes in the Federal Register an appropriate order
stating the date upon which such lands shall be
restored to the public domain and opened.
(e) Extension of Initial Withdrawal and Reservation.--
(1) In general.--Not later than three years before
the termination date of the initial withdrawal and
reservation of lands by this section, the Secretary of
the Navy and the Secretary of the Air Force shall
notify Congress and the Secretary of the Interior
concerning whether the Navy or Air Force, as the case
may be, will have a continuing military need, after
such termination date, for all or any portion of such
lands.
(2) Duties regarding continuing military need.--(A)
If the Secretary of the Navy or the Secretary of the
Air Force determines that there will be a continuing
military need for any lands withdrawn by this section,
the Secretary of the Navy or the Secretary of the Air
Force, as the case may be, shall--
(A) consult with the Secretary of the
Interior concerning any adjustments to be made
to the extent of, or to the allocation of
management responsibility for, such lands; and
(B) file with the Secretary of the
Interior, not later than one year after the
notice required by paragraph (1), an
application for extension of the withdrawal and
reservation of such lands.
(B) The general procedures of the Department of the
Interior for processing Federal Land withdrawals
notwithstanding, any application for extension under
this paragraph shall be considered complete if it
includes the following:
(i) The information required by section 3
of the Engle Act (43 U.S.C. 157), except that
no information shall be required concerning the
use or development of mineral, timber, or
grazing resources unless, and to the extent,
the Secretary of the Navy or the Secretary of
the Air Force proposes to use or develop such
resources during the period of extension.
(ii) A copy of the most recent public
report prepared in accordance with subsection
(b)(5).
(3) Legislative proposals.--The Secretary of the
Interior, the Secretary of the Navy, and the Secretary
of the Air Force shall ensure that any legislative
proposal for the extension of the withdrawal and
reservation of lands under this section is submitted to
Congress not later than May 1 of the year preceding the
year in which the existing withdrawal and reservation
would otherwise terminate under this section.
(f) Termination and Relinquishment.--
(1) Notice of intent to relinquish.--At any time
during the withdrawal and reservation of lands under
this section, but not later than three years before the
termination of the withdrawal and reservation, if the
Secretary of the Navy or the Secretary of the Air Force
determines that there is no continuing military need
for lands withdrawn and reserved by this section, or
any portion of such lands, the Secretary of the Navy or
the Secretary of the Air Force, as the case may be,
shall notify the Secretary of the Interior of an intent
to relinquish jurisdiction over such lands, which
notice shall specify the proposed date of
relinquishment.
(2) Authority to accept relinquishment.--The
Secretary of the Interior may accept jurisdiction over
any lands covered by a notice of intent to relinquish
jurisdiction under this subsection if the Secretary of
the Interior determines that the Secretary of the Navy
or the Secretary of the Air Force has taken the
environmental response actions required under this
section.
(3) Order.--If the Secretary of the Interior
accepts jurisdiction over lands covered by a notice of
intent to relinquish jurisdiction under this subsection
before the termination date of the withdrawal and
reservation of such lands under this section, the
Secretary of the Interior shall publish in the Federal
Register an appropriate order that shall--
(A) terminate the withdrawal and
reservation of such lands under this section;
(B) constitute official acceptance of
administrative jurisdiction over such lands by
the Secretary of the Interior; and
(C) state the date upon which such lands
shall be opened to the operation of the general
land laws, including the mining laws and the
mineral leasing and geothermal leasing laws, if
appropriate.
(4) Jurisdiction pending relinquishment.--(A)
Notwithstanding the termination date, unless and until
the Secretary of the Interior accepts jurisdiction of
land proposed for relinquishment under this subsection,
or until the Administrator of General Services accepts
jurisdiction of such lands under the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 251
et seq.), such lands shall remain under the
jurisdiction of the Secretary of the Navy or the
Secretary of the Air Force, as the case may be, for the
limited purposes of--
(i) environmental response actions under
this section; and
(ii) continued land management
responsibilities pursuant to the integrated
natural resources management plan for such
lands under subsection (b)(3).
(B) For any land that the Secretary of the Interior
determines to be suitable for return to the public
domain, but does not agree with the Secretary of the
Navy or the Secretary of the Air Force that all
necessary environmental response actions under this
section have been taken, the Secretary of the Navy or
the Secretary of the Air Force, as the case may be, and
the Secretary of the Interior shall resolve the dispute
in accordance with any applicable dispute resolution
process.
(C) For any land that the Secretary of the Interior
determines to be unsuitable for return to the public
domain, the Secretary of the Interior shall immediately
notify the Administrator of General Services.
(5) Scope of functions.--All functions described
under this subsection, including transfers,
relinquishes, extensions, and other determinations, may
be made on a parcel-by-parcel basis.
(g) Delegations of Functions.--The functions of the
Secretary of the Interior under this section may be delegated,
except that the following determinations and decisions may be
approved and signed only by the Secretary of the Interior, the
Deputy Secretary of the Interior, an Assistant Secretary of the
Interior, or the Director, Bureau of Land Management:
(1) Decisions to accept transfer, relinquishment,
or jurisdiction of lands under this section and to open
such lands to operation of the public land laws.
(2) Decisions to transfer management responsibility
from or to a military department pursuant to subsection
(b)(7).
SEC. 3032. MILITARY USE OF CABEZA PRIETA NATIONAL WILDLIFE REFUGE AND
CABEZA PRIETA WILDERNESS.
(a) Findings.--Congress makes the following findings:
(1) The historic use of the areas designated as the
Cabeza Prieta National Wildlife Refuge and the Cabeza
Prieta Wilderness by the Marine Corps and the Air Force
has been integral to the effective operation of the
Barry M. Goldwater Air Force Range.
(2) Continued use of the Cabeza Prieta National
Wildlife Refuge and Cabeza Prieta Wilderness by the
Marine Corps and the Air Force to support military
aviation training will remain necessary to ensure the
readiness of the Armed Forces.
(3) The historic use of the Cabeza Prieta National
Wildlife Refuge and Cabeza Prieta Wilderness by the
Marine Corps and the Air Force has coexisted for many
years with the wildlife conservation and wilderness
purposes for which the refuge and wilderness were
established.
(4) The designation of the Cabeza Prieta National
Wildlife Refuge and the Cabeza Prieta Wilderness
recognizes the area as one of our nation's most
ecologically and culturally valuable areas.
(b) Management and Use of Refuge and Wilderness.--
(1) In general.--The Secretary of the Interior, in
coordination with the Secretary of the Navy and the
Secretary of the Air Force, shall manage the Cabeza
Prieta National Wildlife Refuge and Cabeza Prieta
Wilderness--
(A) for the purposes for which the refuge
and wilderness were established; and
(B) to support current and future military
aviation training needs consistent with the
November 21, 1994, memorandum of understanding
among the Department of the Interior, the
Department of the Navy, and the Department of
the Air Force, including any extension or other
amendment of such memorandum of understanding
under this section.
(2) Construction.--Except as otherwise provided in
this section, nothing in this subtitle shall be
construed to effect the following:
(A) The National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et
seq.) or any other law related to management of
the National Wildlife Refuge System.
(B) Any Executive order or public land
order in effect on the date of the enactment of
this Act with respect to the Cabeza Prieta
National Wildlife Refuge.
(c) Extension of Memorandum of Understanding.--The
Secretary of the Interior, the Secretary of the Navy, and the
Secretary of the Air Force shall extend the memorandum of
understanding referred to in subsection (b)(1)(B). The
memorandum of understanding shall be extended for a period that
coincides with the duration of the withdrawal and reservation
of the Barry M. Goldwater Air Force Range made by section 3031.
(d) Other Amendments of Memorandum of Understanding.--
(1) Amendments to meet military aviation training
needs.--(A) When determined by the Secretary of the
Navy or the Secretary of the Air Force to be essential
to support military aviation training, the Secretary of
the Navy, the Secretary of the Air Force, and the
Secretary of the Interior shall negotiate amendments to
the memorandum of understanding referred to in
subsection (b)(1)(B) in order--
(i) to revise existing or establish new
low-level training routes or to otherwise
accommodate low-level overflight;
(ii) to establish new or enlarged areas
closed to public use as surface safety zones;
or
(iii) to accommodate the maintenance,
upgrade, replacement, or installation of
existing or new associated ground
instrumentation.
(B) Any amendment of the memorandum of
understanding shall be consistent with the
responsibilities under law of the Secretary of the
Navy, the Secretary of the Air Force, and the Secretary
of the Interior, respectively.
(C) As provided by the existing provisions of the
National Wildlife Refuge System Improvement Act of 1997
(Public Law 105-57) and the Arizona Desert Wilderness
Act of 1990 (Public Law 101-628), amendments to the
memorandum of understanding to revise existing or
establish new low-level training routes or to otherwise
accommodate low-level overflight are not subject to
compatibility determinations nor precluded by the
designation of lands within the Cabeza Prieta National
Wildlife Refuge as wilderness.
(D) Amendments to the memorandum of understanding
with respect to the upgrade or replacement of existing
associated ground instrumentation or the installation
of new associated ground instrumentation shall not be
precluded by the existing designation of lands within
the Cabeza Prieta National Wildlife Refuge as
wilderness to the extent that the Secretary of the
Interior, after consultation with the Secretary of the
Navy and the Secretary of the Air Force, determines
that such actions, considered both individually and
cumulatively, create similar or less impact than the
existing ground instrumentation permitted by the
Arizona Desert Wilderness Act of 1990.
(2) Other amendments.--The Secretary of the
Interior, the Secretary of the Navy, or the Secretary
of the Air Force may initiate renegotiation of the
memorandum of understanding at any time to address
other needed changes, and the memorandum of
understanding may be amended to accommodate such
changes by the mutual consent of the parties consistent
with their respective responsibilities under law.
(3) Effective date of amendments.--Amendments to
the memorandum of understanding shall take effect 90
days after the date on which the Secretary of the
Interior submits notice of such amendments to the
Committees on Environment and Public Works, Energy and
Natural Resources, and Armed Services of the Senate and
the Committees on Resources and Armed Services of the
House of Representatives.
(e) Access Restrictions.--If the Secretary of the Navy or
the Secretary of the Air Force determines that military
operations, public safety, or national security require the
closure to the public of any road, trail, or other portion of
the Cabeza Prieta National Wildlife Refuge or the Cabeza Prieta
Wilderness, the Secretary of the Interior shall take such
action as is determined necessary or desirable to effect and
maintain such closure, including agreeing to amend the
memorandum of understanding to establish new or enhanced
surface safety zones.
(f) Status of Contaminated Lands.--
(1) Decontamination.--Throughout the duration of
the withdrawal of the Barry M. Goldwater Range under
section 3031, the Secretary of the Navy and the
Secretary of the Air Force shall, to the extent that
funds are made available for such purpose, carry out a
program of decontamination of the portion of the Cabeza
Prieta National Wildlife Refuge and the Cabeza Prieta
Wilderness used for military training purposes that
maintains a level of cleanup of such lands equivalent
to the level of cleanup of such lands as of the date of
the enactment of this Act. Any environmental
contamination of the Cabeza Prieta National Wildlife
Refuge or the Cabeza Prieta Wilderness caused or
contributed to by the Department of the Navy or the
Department of the Air Force shall be the responsibility
of the Department of the Navy or the Department of the
Air Force, respectively, and not the responsibility of
the Department of the Interior.
(2) Construction.--Nothing in this subsection shall
be construed as constituting or effecting a
relinquishment within the meaning of section 8 of the
Military Lands Withdrawal Act of 1986 (Public Law 99-
606).
SEC. 3033. MAPS AND LEGAL DESCRIPTION.
(a) Publication and Filing.--As soon as practicable after
the date of the enactment of this Act, the Secretary of the
Interior shall--
(1) publish in the Federal Register a notice
containing the legal description of the lands withdrawn
and reserved by this subtitle; and
(2) file maps and the legal description of the
lands withdrawn and reserved by this subtitle with the
Committee on Energy and Natural Resources of the Senate
and the Committee on Resources of the House of
Representatives.
(b) Technical Corrections.--Such maps and legal description
shall have the same force and effect as if included in this
subtitle, except that the Secretary of the Interior may correct
clerical and typographical errors in such maps and legal
description.
(c) Availability for Public Inspection.--Copies of such
maps and legal descriptions shall be available for public
inspection in the offices of the Director and appropriate State
Directors and field office managers of the Bureau of Land
Management, the office of the commander, Luke Air Force Base,
Arizona, the office of the commander, Marine Corps Air Station,
Yuma, Arizona, and the Office of the Secretary of Defense.
(d) Reimbursement.--The Secretary of Defense shall
reimburse the Secretary of the Interior for any costs incurred
by the Secretary of the Interior in implementing this section.
(e) Delegations.--
(1) Military departments.--The functions of the
Secretary of Defense, or of the Secretary of a military
department, under this section may be delegated.
(2) Department of interior.--The functions of the
Secretary of the Interior under this section may be
delegated.
SEC. 3034. WATER RIGHTS.
Nothing in this subtitle shall be construed to establish a
reservation to the United States with respect to any water or
water right on lands covered by section 3031 or 3032. No
provision of this subtitle shall be construed as authorizing
the appropriation of water on lands covered by section 3031 or
3032 by the United States after the date of the enactment of
this Act, except in accordance with the law of the State in
which such lands are located. This section shall not be
construed to affect water rights acquired by the United States
before the date of the enactment of this Act.
SEC. 3035. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on lands withdrawn by
this subtitle shall be conducted in accordance with the
provisions of section 2671 of title 10, United States Code,
except that hunting, fishing, and trapping within the Cabeza
Prieta National Wildlife Refuge shall be conducted in
accordance with the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.), the
Recreation Use of Wildlife Areas Act of 1969 (16 U.S.C. 460k et
seq.), and other laws applicable to the National Wildlife
Refuge System.
SEC. 3036. USE OF MINERAL MATERIALS.
Notwithstanding any other provision of this subtitle or the
Act of July 31, 1947 (commonly known as the Materials Act of
1947; 30 U.S.C. 601 et seq.), the Secretary of the military
department concerned may use sand, gravel, or similar mineral
material resources of the type subject to disposition under
that Act from lands withdrawn and reserved by this subtitle if
use of such resources is required for construction needs on
such lands.
SEC. 3037. IMMUNITY OF UNITED STATES.
The United States and all departments or agencies thereof
shall be held harmless and shall not be liable for any injuries
or damages to persons or property suffered in the course of any
mining or mineral or geothermal leasing activity conducted on
lands covered by section 3031.
Subtitle C--Authorization of Appropriations
SEC. 3041. AUTHORIZATION OF APPROPRIATIONS.
There are hereby authorized to be appropriated such sums as
may be necessary to carry out the purposes of this title.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Defense environmental management privatization.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Prohibition on use of funds for certain activities under
formerly utilized site remedial action program.
Sec. 3132. Continuation of processing, treatment, and disposition of
legacy nuclear materials.
Sec. 3133. Nuclear weapons stockpile life extension program.
Sec. 3134. Procedures for meeting tritium production requirements.
Sec. 3135. Independent cost estimate of accelerator production of
tritium.
Sec. 3136. Nonproliferation initiatives and activities.
Sec. 3137. Support of theater ballistic missile defense activities of
the Department of Defense.
Subtitle D--Matters Relating to Safeguards, Security, and
Counterintelligence
Sec. 3141. Short title.
Sec. 3142. Commission on Safeguards, Security, and Counterintelligence
at Department of Energy facilities.
Sec. 3143. Background investigations of certain personnel at Department
of Energy facilities.
Sec. 3144. Conduct of security clearances.
Sec. 3145. Protection of classified information during laboratory-to-
laboratory exchanges.
Sec. 3146. Restrictions on access to national laboratories by foreign
visitors from sensitive countries.
Sec. 3147. Department of Energy regulations relating to the safeguarding
and security of Restricted Data.
Sec. 3148. Increased penalties for misuse of Restricted Data.
Sec. 3149. Supplement to plan for declassification of Restricted Data
and formerly Restricted Data.
Sec. 3150. Notice to congressional committees of certain security and
counterintelligence failures within nuclear energy defense
programs.
Sec. 3151. Annual report by the President on espionage by the People's
Republic of China.
Sec. 3152. Report on counterintelligence and security practices at
national laboratories.
Sec. 3153. Report on security vulnerabilities of national laboratory
computers.
Sec. 3154. Counterintelligence polygraph program.
Sec. 3155. Definitions of national laboratory and nuclear weapons
production facility.
Sec. 3156. Definition of Restricted Data.
Subtitle E--Matters Relating to Personnel
Sec. 3161. Extension of authority of Department of Energy to pay
voluntary separation incentive payments.
Sec. 3162. Fellowship program for development of skills critical to the
Department of Energy nuclear weapons complex.
Sec. 3163. Maintenance of nuclear weapons expertise in the Department of
Defense and Department of Energy.
Sec. 3164. Whistleblower protection program.
Subtitle F--Other Matters
Sec. 3171. Requirement for plan to improve reprogramming processes.
Sec. 3172. Integrated fissile materials management plan.
Sec. 3173. Identification in budget materials of amounts for
declassification activities and limitation on expenditures for
such activities.
Sec. 3174. Sense of Congress regarding technology transfer coordination
for Department of Energy national laboratories.
Sec. 3175. Pilot program for project management oversight regarding
Department of Energy construction projects.
Sec. 3176. Pilot program of Department of Energy to authorize use of
prior year unobligated balances for accelerated site cleanup
at Rocky Flats Environmental Technology Site, Colorado.
Sec. 3177. Proposed schedule for shipments of waste from Rocky Flats
Environmental Technology Site, Colorado, to Waste Isolation
Pilot Plant, New Mexico.
Sec. 3178. Comptroller General report on closure of Rocky Flats
Environmental Technology Site, Colorado.
Sec. 3179. Extension of review of Waste Isolation Pilot Plant, New
Mexico.
Subtitle A--National Security Programs Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
(a) In General.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 2000
for weapons activities in carrying out programs necessary for
national security in the amount of $4,489,995,000, to be
allocated as follows:
(1) Stockpile stewardship.--Funds are hereby
authorized to be appropriated to the Department of
Energy for fiscal year 2000 for stockpile stewardship
in carrying out weapons activities necessary for
national security programs in the amount of
$2,252,300,000, to be allocated as follows:
(A) For core stockpile stewardship,
$1,743,500,000, to be allocated as follows:
(i) For operation and maintenance,
$1,610,355,000.
(ii) For plant projects (including
maintenance, restoration, planning,
construction, acquisition, modification
of facilities, and the continuation of
projects authorized in prior years, and
land acquisition related thereto),
$133,145,000, to be allocated as
follows:
Project 00-D-103, terascale
simulation facility, Lawrence
Livermore National Laboratory,
Livermore, California,
$8,000,000.
Project 00-D-105, strategic
computing complex, Los Alamos
National Laboratory, Los
Alamos, New Mexico,
$26,000,000.
Project 00-D-107, joint
computational engineering
laboratory, Sandia National
Laboratories, Albuquerque, New
Mexico, $1,800,000.
Project 99-D-102,
rehabilitation of maintenance
facility, Lawrence Livermore
National Laboratory, Livermore,
California, $3,900,000.
Project 99-D-103, isotope
sciences facilities, Lawrence
Livermore National Laboratory,
Livermore, California,
$2,000,000.
Project 99-D-104,
protection of real property
(roof reconstruction, Phase
II), Lawrence Livermore
National Laboratory, Livermore,
California, $2,400,000.
Project 99-D-105, central
health physics calibration
facility, Los Alamos National
Laboratory, Los Alamos, New
Mexico, $1,000,000.
Project 99-D-106, model
validation and system
certification test center,
Sandia National Laboratories,
Albuquerque, New Mexico,
$6,500,000.
Project 99-D-108, renovate
existing roadways, Nevada Test
Site, Nevada, $7,005,000.
Project 97-D-102, dual-axis
radiographic hydrotest
facility, Los Alamos National
Laboratory, Los Alamos, New
Mexico, $61,000,000.
Project 96-D-102, stockpile
stewardship facilities
revitalization, Phase VI,
various locations, $2,640,000.
Project 96-D-104,
processing and environmental
technology laboratory, Sandia
National Laboratories,
Albuquerque, New Mexico,
$10,900,000.
(B) For inertial fusion, $475,700,000, to
be allocated as follows:
(i) For operation and maintenance,
$227,600,000.
(ii) For the following plant
project (including maintenance,
restoration, planning, construction,
acquisition, and modification of
facilities, and land acquisition
related thereto), $248,100,000, to be
allocated as follows:
Project 96-D-111, national
ignition facility, Lawrence
Livermore National Laboratory,
Livermore, California,
$248,100,000.
(C) For technology partnership and
education, $33,100,000, of which $14,500,000
shall be allocated for technology partnership
and $18,600,000 shall be allocated for
education.
(2) Stockpile management.--Funds are hereby
authorized to be appropriated to the Department of
Energy for fiscal year 2000 for stockpile management in
carrying out weapons activities necessary for national
security programs in the amount of $2,023,300,000, to
be allocated as follows:
(A) For operation and maintenance,
$1,864,621,000.
(B) For plant projects (including
maintenance, restoration, planning,
construction, acquisition, modification of
facilities, and the continuation of projects
authorized in prior years, and land acquisition
related thereto), $158,679,000, to be allocated
as follows:
Project 99-D-122, rapid
reactivation, various locations,
$11,700,000.
Project 99-D-127, stockpile
management restructuring initiative,
Kansas City Plant, Kansas City,
Missouri, $17,000,000.
Project 99-D-128, stockpile
management restructuring initiative,
Pantex Plant consolidation, Amarillo,
Texas, $3,429,000.
Project 99-D-132, stockpile
management restructuring initiative,
nuclear material safeguards and
security upgrades project, Los Alamos
National Laboratory, Los Alamos, New
Mexico, $11,300,000.
Project 98-D-123, stockpile
management restructuring initiative,
tritium facility modernization and
consolidation, Savannah River Plant,
Aiken, South Carolina, $21,800,000.
Project 98-D-124, stockpile
management restructuring initiative, Y-
12 Plant consolidation, Oak Ridge,
Tennessee, $3,150,000.
Project 98-D-125, tritium
extraction facility, Savannah River
Plant, Aiken, South Carolina,
$33,000,000.
Project 98-D-126, accelerator
production of tritium, various
locations, $31,000,000.
Project 97-D-123, structural
upgrades, Kansas City Plant, Kansas
City, Missouri, $4,800,000.
Project 95-D-102, chemistry and
metallurgy research upgrades project,
Los Alamos National Laboratory, Los
Alamos, New Mexico, $18,000,000.
Project 88-D-123, security
enhancements, Pantex Plant, Amarillo,
Texas, $3,500,000.
(3) Program direction.--Funds are hereby authorized
to be appropriated to the Department of Energy for
fiscal year 2000 for program direction in carrying out
weapons activities necessary for national security
programs in the amount of $241,500,000.
(b) Adjustment.--The total amount authorized to be
appropriated pursuant to subsection (a) is the sum of the
amounts authorized to be appropriated in paragraphs (1) through
(3) of that subsection, reduced by $27,105,000.
SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a) In General.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 2000
for environmental restoration and waste management in carrying
out programs necessary for national security in the amount of
$5,495,868,000, to be allocated as follows:
(1) Closure projects.--For closure projects carried
out in accordance with section 3143 of the National
Defense Authorization Act for Fiscal Year 1997 (Public
Law 104-201; 110 Stat. 2836; 42 U.S.C. 7274n) in the
amount of $1,069,492,000.
(2) Site project and completion.--For site project
and completion in carrying out environmental
restoration and waste management activities necessary
for national security programs in the amount of
$980,919,000, to be allocated as follows:
(A) For operation and maintenance,
$892,629,000.
(B) For plant projects (including
maintenance, restoration, planning,
construction, acquisition, modification of
facilities, and the continuation of projects
authorized in prior years, and land acquisition
related thereto), $88,290,000, to be allocated
as follows:
Project 99-D-402, tank farm support
services, F&H; areas, Savannah River
Site, Aiken, South Carolina,
$3,100,000.
Project 99-D-404, health physics
instrumentation laboratory, Idaho
National Engineering and Environmental
Laboratory, Idaho, $7,200,000.
Project 98-D-401, H-tank farm storm
water systems upgrade, Savannah River
Site, Aiken, South Carolina,
$2,977,000.
Project 98-D-453, plutonium
stabilization and handling system for
plutonium finishing plant, Richland,
Washington, $16,860,000.
Project 98-D-700, road
rehabilitation, Idaho National
Engineering and Environmental
Laboratory, Idaho, $2,590,000.
Project 97-D-450, Actinide
packaging and storage facility,
Savannah River Site, Aiken, South
Carolina, $4,000,000.
Project 97-D-470, regulatory
monitoring and bioassay laboratory,
Savannah River Site, Aiken, South
Carolina, $12,220,000.
Project 96-D-406, spent nuclear
fuels canister storage and
stabilization facility, Richland,
Washington, $24,441,000.
Project 96-D-464, electrical and
utility systems upgrade, Idaho Chemical
Processing Plant, Idaho National
Engineering and Environmental
Laboratory, Idaho, $11,971,000.
Project 96-D-471,
chlorofluorocarbon heating,
ventilation, and air conditioning and
chiller retrofit, Savannah River Site,
Aiken, South Carolina, $931,000.
Project 86-D-103, decontamination
and waste treatment facility, Lawrence
Livermore National Laboratory,
Livermore, California, $2,000,000.
(3) Post-2006 completion.--For post-2006 project
completion in carrying out environmental restoration
and waste management activities necessary for national
security programs in the amount of $2,919,948,000, to
be allocated as follows:
(A) For operation and maintenance,
$2,873,697,000.
(B) For plant projects (including
maintenance, restoration, planning,
construction, acquisition, modification of
facilities, and the continuation of projects
authorized in prior years, and land acquisition
related thereto), $46,251,000, to be allocated
as follows:
Project 00-D-401, spent nuclear
fuel treatment and storage facility,
title I and II, Savannah River Site,
Aiken, South Carolina, $7,000,000.
Project 99-D-403, privatization
phase I infrastructure support,
Richland, Washington, $13,988,000.
Project 97-D-402, tank farm
restoration and safe operations,
Richland, Washington, $20,516,000.
Project 94-D-407, initial tank
retrieval systems, Richland,
Washington, $4,060,000.
Project 93-D-187, high-level waste
removal from filled waste tanks,
Savannah River Site, Aiken, South
Carolina, $8,987,000.
(4) Science and technology.--For science and
technology in carrying out environmental restoration
and waste management activities necessary for national
security programs in the amount of $230,500,000.
(5) Program direction.--For program direction in
carrying out environmental restoration and waste
management activities necessary for national security
programs in the amount of $339,409,000.
(b) Adjustments.--(1) The total amount authorized to be
appropriated in subsection (a) is the sum of the amounts
authorized to be appropriated in paragraphs (1) through (5) of
that subsection reduced by $44,400,000, to be derived from
environmental restoration and waste management, environment,
safety, and health programs.
(2) The amount authorized to be appropriated pursuant to
subsection (a)(3)(B) is reduced by $8,300,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
(a) In General.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 2000
for other defense activities in carrying out programs necessary
for national security in the amount of $1,805,959,000, to be
allocated as follows:
(1) Nonproliferation and national security.--For
nonproliferation and national security, $732,100,000,
to be allocated as follows:
(A) For verification and control
technology, $497,000,000, to be allocated as
follows:
(i) For nonproliferation and
verification research and development,
$221,000,000, to be allocated as
follows:
(I) For operation and
maintenance, $215,000,000.
(II) For plant projects
(including maintenance,
restoration, planning,
construction, acquisition,
modification of facilities, and
the continuation of projects
authorized in prior years, and
land acquisition related
thereto), $6,000,000, to be
allocated as follows:
Project 00-D-192,
nonproliferation and
international security
center, Los Alamos
National Laboratory,
Los Alamos, New Mexico,
$6,000,000.
(ii) For arms control,
$276,000,000.
(B) For nuclear safeguards and security,
$59,100,000.
(C) For international nuclear safety,
$24,700,000.
(D) For security investigations,
$44,100,000.
(E) For emergency management, $21,000,000.
(F) For highly enriched uranium
transparency implementation, $15,750,000.
(G) For program direction, $90,450,000.
(2) Intelligence.--For intelligence, $36,059,000.
(3) Counterintelligence.--For counterintelligence,
$39,200,000.
(4) Worker and community transition assistance.--
For worker and community transition assistance,
$30,000,000, to be allocated as follows:
(A) For worker and community transition,
$26,500,000.
(B) For program direction, $3,500,000.
(5) Fissile materials control and disposition.--For
fissile materials control and disposition,
$200,000,000, to be allocated as follows:
(A) For operation and maintenance,
$129,766,000.
(B) For program direction, $7,343,000.
(C) For plant projects (including
maintenance, restoration, planning,
construction, acquisition, modification of
facilities, and the continuation of projects
authorized in prior years, and land acquisition
related thereto), $62,891,000, to be allocated
as follows:
Project 00-D-142, immobilization
and associated processing facility,
various locations, $21,765,000.
Project 99-D-141, pit disassembly
and conversion facility, various
locations, $28,751,000.
Project 99-D-143, mixed oxide fuel
fabrication facility, various
locations, $12,375,000.
(6) Environment, safety, and health.--For
environment, safety, and health, defense, $98,000,000,
to be allocated as follows:
(A) For the Office of Environment, Safety,
and Health (Defense), $73,231,000.
(B) For program direction, $24,769,000.
(7) Office of hearings and appeals.--For the Office
of Hearings and Appeals, $3,000,000.
(8) Naval reactors.--For naval reactors,
$677,600,000, to be allocated as follows:
(A) For naval reactors development,
$657,000,000, to be allocated as follows:
(i) For operation and maintenance,
$633,000,000.
(ii) For plant projects (including
maintenance, restoration, planning,
construction, acquisition, modification
of facilities, and the continuation of
projects authorized in prior years, and
land acquisition related thereto),
$24,000,000, to be allocated as
follows:
GPN-101 general plant
projects, various locations,
$9,000,000.
Project 98-D-200, site
laboratory/facility upgrade,
various locations, $3,000,000.
Project 90-N-102, expended
core facility dry cell project,
Naval Reactors Facility, Idaho,
$12,000,000.
(B) For program direction, $20,600,000.
(b) Adjustments.--(1) The total amount authorized to be
appropriated pursuant to subsection (a) is the sum of the
amounts authorized to be appropriated in paragraphs (1) through
(8) of that subsection, reduced by $10,000,000.
(2) The amount authorized to be appropriated pursuant to
subsection (a)(1)(D) is reduced by $20,000,000 to reflect an
offset provided by user organizations for security
investigations.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
(a) Defense Nuclear Waste Disposal.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2000 for payment to the Nuclear Waste Fund
established in section 302(c) of the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10222(c)) in the amount of $112,000,000.
(b) Adjustment.--The amount authorized to be appropriated
pursuant to subsection (a) is reduced by $39,000,000.
SEC. 3105. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.
(a) In General.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 2000
for privatization initiatives in carrying out environmental
restoration and waste management activities necessary for
national security programs in the amount of $228,000,000, to be
allocated as follows:
Project 98-PVT-2, spent nuclear fuel dry storage,
Idaho Falls, Idaho, $5,000,000.
Project 98-PVT-5, environmental management and
waste disposal, Oak Ridge, Tennessee, $20,000,000.
Project 97-PVT-1, tank waste remediation system
phase I, Hanford, Washington, $106,000,000.
Project 97-PVT-2, advanced mixed waste treatment
facility, Idaho Falls, Idaho, $110,000,000.
Project 97-PVT-3, transuranic waste treatment, Oak
Ridge, Tennessee, $12,000,000.
(b) Explanation of Adjustment.--The amount authorized to be
appropriated in subsection (a) is the sum of the amounts
authorized to be appropriated for the projects in that
subsection reduced by $25,000,000 for use of prior year
balances of funds for defense environmental management
privatization.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Until the Secretary of Energy submits to
the congressional defense committees the report referred to in
subsection (b) and a period of 45 days has elapsed after the
date on which such committees receive the report, the Secretary
may not use amounts appropriated pursuant to this title for any
program--
(1) in amounts that exceed, in a fiscal year--
(A) 110 percent of the amount authorized
for that program by this title; or
(B) $1,000,000 more than the amount
authorized for that program by this title; or
(2) which has not been presented to, or requested
of, Congress.
(b) Report.--(1) The report referred to in subsection (a)
is a report containing a full and complete statement of the
action proposed to be taken and the facts and circumstances
relied upon in support of such proposed action.
(2) In the computation of the 45-day period under
subsection (a), there shall be excluded any day on which either
House of Congress is not in session because of an adjournment
of more than 3 days to a day certain.
(c) Limitations.--(1) In no event may the total amount of
funds obligated pursuant to this title exceed the total amount
authorized to be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be
used for an item for which Congress has specifically denied
funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) In General.--The Secretary of Energy may carry out any
construction project under the general plant projects
authorized by this title if the total estimated cost of the
construction project does not exceed $5,000,000.
(b) Report to Congress.--If, at any time during the
construction of any general plant project authorized by this
title, the estimated cost of the project is revised because of
unforeseen cost variations and the revised cost of the project
exceeds $5,000,000, the Secretary shall immediately furnish a
complete report to the congressional defense committees
explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or
additional obligations incurred in connection with the project
above the total estimated cost, whenever the current estimated
cost of the construction project, which is authorized by
section 3101, 3102, or 3103, or which is in support of national
security programs of the Department of Energy and was
authorized by any previous Act, exceeds by more than 25 percent
the higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the
project as shown in the most recent budget
justification data submitted to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the
actions and the circumstances making such action
necessary; and
(B) a period of 30 days has elapsed after the date
on which the report is received by the committees.
(3) In the computation of the 30-day period under paragraph
(2), there shall be excluded any day on which either House of
Congress is not in session because of an adjournment of more
than 3 days to a day certain.
(b) Exception.--Subsection (a) shall not apply to any
construction project which has a current estimated cost of less
than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of
Energy may transfer funds authorized to be appropriated to the
Department of Energy pursuant to this title to other Federal
agencies for the performance of work for which the funds were
authorized. Funds so transferred may be merged with and be
available for the same purposes and for the same period as the
authorizations of the Federal agency to which the amounts are
transferred.
(b) Transfer Within Department of Energy.--(1) Subject to
paragraph (2), the Secretary of Energy may transfer funds
authorized to be appropriated to the Department of Energy
pursuant to this title between any such authorizations. Amounts
of authorizations so transferred may be merged with and be
available for the same purposes and for the same period as the
authorization to which the amounts are transferred.
(2) Not more than five percent of any such authorization
may be transferred between authorizations under paragraph (1).
No such authorization may be increased or decreased by more
than five percent by a transfer under such paragraph.
(c) Limitation.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide funds for items
relating to activities necessary for national security
programs that have a higher priority than the items
from which the funds are transferred; and
(2) may not be used to provide funds for an item
for which Congress has specifically denied funds.
(d) Notice to Congress.--The Secretary of Energy shall
promptly notify the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives of any transfer of funds to or from
authorizations under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) Requirement for Conceptual Design.--(1) Subject to
paragraph (2) and except as provided in paragraph (3), before
submitting to Congress a request for funds for a construction
project that is in support of a national security program of
the Department of Energy, the Secretary of Energy shall
complete a conceptual design for that project.
(2) If the estimated cost of completing a conceptual design
for a construction project exceeds $3,000,000, the Secretary
shall submit to Congress a request for funds for the conceptual
design before submitting a request for funds for the
construction project.
(3) The requirement in paragraph (1) does not apply to a
request for funds--
(A) for a construction project the total estimated
cost of which is less than $5,000,000; or
(B) for emergency planning, design, and
construction activities under section 3126.
(b) Authority for Construction Design.--(1) Within the
amounts authorized by this title, the Secretary of Energy may
carry out construction design (including architectural and
engineering services) in connection with any proposed
construction project if the total estimated cost for such
design does not exceed $600,000.
(2) If the total estimated cost for construction design in
connection with any construction project exceeds $600,000,
funds for such design must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND CONSTRUCTION
ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds
available to the Department of Energy pursuant to an
authorization in this title, including those funds authorized
to be appropriated for advance planning and construction design
under sections 3101, 3102, and 3103, to perform planning,
design, and construction activities for any Department of
Energy national security program construction project that, as
determined by the Secretary, must proceed expeditiously in
order to protect public health and safety, to meet the needs of
national defense, or to protect property.
(b) Limitation.--The Secretary may not exercise the
authority under subsection (a) in the case of any construction
project until the Secretary has submitted to the congressional
defense committees a report on the activities that the
Secretary intends to carry out under this section and the
circumstances making such activities necessary.
(c) Specific Authority.--The requirement of section
3125(b)(2) does not apply to emergency planning, design, and
construction activities conducted under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE
DEPARTMENT OF ENERGY.
Subject to the provisions of appropriations Acts and
section 3121, amounts appropriated pursuant to this title for
management and support activities and for general plant
projects are available for use, when necessary, in connection
with all national security programs of the Department of
Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
(a) In General.--Except as provided in subsection (b), when
so specified in an appropriations Act, amounts appropriated for
operation and maintenance or for plant projects may remain
available until expended.
(b) Exception for Program Direction Funds.--Amounts
appropriated for program direction pursuant to an authorization
of appropriations in subtitle A shall remain available to be
expended only until the end of fiscal year 2001.
SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS.
(a) Transfer Authority for Defense Environmental Management
Funds.--The Secretary of Energy shall provide the manager of
each field office of the Department of Energy with the
authority to transfer defense environmental management funds
from a program or project under the jurisdiction of the office
to another such program or project.
(b) Limitations.--(1) Only one transfer may be made to or
from any program or project under subsection (a) in a fiscal
year.
(2) The amount transferred to or from a program or project
under subsection (a) may not exceed $5,000,000 in a fiscal
year.
(3) A transfer may not be carried out by a manager of a
field office under subsection (a) unless the manager determines
that the transfer is necessary to address a risk to health,
safety, or the environment or to assure the most efficient use
of defense environmental management funds at the field office.
(4) Funds transferred pursuant to subsection (a) may not be
used for an item for which Congress has specifically denied
funds or for a new program or project that has not been
authorized by Congress.
(c) Exemption From Reprogramming Requirements.--The
requirements of section 3121 shall not apply to transfers of
funds pursuant to subsection (a).
(d) Notification.--The Secretary, acting through the
Assistant Secretary of Energy for Environmental Management,
shall notify Congress of any transfer of funds pursuant to
subsection (a) not later than 30 days after such transfer
occurs.
(e) Definitions.--In this section:
(1) The term ``program or project'' means, with
respect to a field office of the Department of Energy,
any of the following:
(A) A program referred to or a project
listed in paragraph (2) or (3) of section 3102.
(B) A program or project not described in
subparagraph (A) that is for environmental
restoration or waste management activities
necessary for national security programs of the
Department, that is being carried out by the
office, and for which defense environmental
management funds have been authorized and
appropriated before the date of the enactment
of this Act.
(2) The term ``defense environmental management
funds'' means funds appropriated to the Department of
Energy pursuant to an authorization for carrying out
environmental restoration and waste management
activities necessary for national security programs.
(f) Duration of Authority.--The managers of the field
offices of the Department may exercise the authority provided
under subsection (a) during the period beginning on October 1,
1999, and ending on September 30, 2000.
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. PROHIBITION ON USE OF FUNDS FOR CERTAIN ACTIVITIES UNDER
FORMERLY UTILIZED SITE REMEDIAL ACTION PROGRAM.
Notwithstanding any other provision of law, no funds
authorized to be appropriated or otherwise made available by
this Act, or by any Act authorizing appropriations for the
military activities of the Department of Defense or the defense
activities of the Department of Energy for a fiscal year after
fiscal year 2000, may be obligated or expended to conduct
treatment, storage, or disposal activities at any site
designated as a site under the Formerly Utilized Site Remedial
Action Program as of the date of the enactment of this Act.
SEC. 3132. CONTINUATION OF PROCESSING, TREATMENT, AND DISPOSITION OF
LEGACY NUCLEAR MATERIALS.
The Secretary of Energy shall continue operations and
maintain a high state of readiness at the F-canyon and H-canyon
facilities at the Savannah River Site, Aiken, South Carolina,
and shall provide the technical staff necessary to operate and
so maintain such facilities.
SEC. 3133. NUCLEAR WEAPONS STOCKPILE LIFE EXTENSION PROGRAM.
(a) Program Required.--The Secretary of Energy shall, in
consultation with the Secretary of Defense, carry out a program
to provide for the extension of the effective life of the
weapons in the nuclear weapons stockpile.
(b) Administrative Responsibility for Program.--(1) The
program under subsection (a) shall be carried out through the
element of the Department of Energy with responsibility for
defense programs.
(2) For each budget submitted by the President to Congress
under section 1105 of title 31, United States Code, the amounts
requested for the program shall be clearly identified in the
budget justification materials submitted to Congress in support
of that budget.
(c) Program Plan.--As part of the program under subsection
(a), the Secretary shall develop a long-term plan for the
extension of the effective life of the weapons in the nuclear
weapons stockpile. The plan shall include the following:
(1) Mechanisms to provide for the remanufacture,
refurbishment, and modernization of each weapon design
designated by the Secretary for inclusion in the
enduring nuclear weapons stockpile as of the date of
the enactment of this Act.
(2) Mechanisms to expedite the collection of
information necessary for carrying out the program,
including information relating to the aging of
materials and components, new manufacturing techniques,
and the replacement or substitution of materials.
(3) Mechanisms to ensure the appropriate assignment
of roles and missions for each nuclear weapons
laboratory and production plant of the Department,
including mechanisms for allocation of workload,
mechanisms to ensure the carrying out of appropriate
modernization activities, and mechanisms to ensure the
retention of skilled personnel.
(4) Mechanisms for allocating funds for activities
under the program, including allocations of funds by
weapon type and facility.
(5) An identification of the funds needed, in the
current fiscal year and in each of the next five fiscal
years, to carry out the program.
(d) Annual Submittal of Plan.--(1) The Secretary shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives the plan developed under
subsection (c) not later than January 1, 2000. The plan shall
contain the maximum level of detail practicable.
(2) The Secretary shall submit to the committees referred
to in paragraph (1) each year after 2000, at the same time as
the submission of the budget for the fiscal year beginning in
such year under section 1105 of title 31, United States Code,
an update of the plan submitted under paragraph (1). Each
update shall contain the same level of detail as the plan
submitted under paragraph (1).
(e) GAO Assessment.--Not later than 30 days after the
submission of the plan under subsection (d)(1) or any update of
the plan under subsection (d)(2), the Comptroller General shall
submit to the committees referred to in subsection (d)(1) an
assessment of whether the program can be carried out under the
plan or the update (as applicable)--
(1) in the current fiscal year, given the budget
for that fiscal year; and
(2) in future fiscal years.
(f) Sense of Congress Regarding Funding of Program.--It is
the sense of Congress that the President should include in each
budget for a fiscal year submitted to Congress under section
1105 of title 31, United States Code, sufficient funds to carry
out in the fiscal year covered by such budget the activities
under the program under subsection (a) that are specified in
the most current version of the plan for the program under this
section.
SEC. 3134. PROCEDURES FOR MEETING TRITIUM PRODUCTION REQUIREMENTS.
(a) Production of New Tritium.--The Secretary of Energy
shall produce new tritium to meet the requirements of the
Nuclear Weapons Stockpile Memorandum at the Tennessee Valley
Authority Watts Bar or Sequoyah nuclear power plants consistent
with the Secretary's December 22, 1998, decision document
designating the Secretary's preferred tritium production
technology.
(b) Support.--To support the method of tritium production
set forth in subsection (a), the Secretary shall design and
construct a new tritium extraction facility in the H-Area of
the Savannah River Site, Aiken, South Carolina.
(c) Design and Engineering Development.--The Secretary
shall--
(1) complete preliminary design and engineering
development of the Accelerator Production of Tritium
technology design as a backup source of tritium to the
source set forth in subsection (a) and consistent with
the Secretary's December 22, 1998, decision document;
and
(2) make available those funds necessary to
complete engineering development and demonstration,
preliminary design, and detailed design of key elements
of the system consistent with the Secretary's decision
document of December 22, 1998.
SEC. 3135. INDEPENDENT COST ESTIMATE OF ACCELERATOR PRODUCTION OF
TRITIUM.
(a) Independent Cost Estimate.--(1) The Secretary of Energy
shall obtain an independent cost estimate of the accelerator
production of tritium.
(2) The estimate shall be obtained from an entity not
within the Department of Energy.
(3) The estimate shall be conducted at the highest possible
level of detail, but in no event at a level of detail below
that currently defined by the Secretary as Type III,
``parametric estimate''.
(b) Report.--Not later than April 1, 2000, the Secretary
shall submit to the congressional defense committees a report
on the independent cost estimate obtained pursuant to
subsection (a).
SEC. 3136. NONPROLIFERATION INITIATIVES AND ACTIVITIES.
(a) Initiative for Proliferation Prevention Program.--(1)
Not more than 35 percent of the funds available in any fiscal
year after fiscal year 1999 for the Initiatives for
Proliferation Prevention program (IPP) may be obligated or
expended by the Department of Energy national laboratories to
carry out or provide oversight of any activities under that
program.
(2)(A) None of the funds available in any fiscal year after
fiscal year 1999 for the Initiatives for Proliferation
Prevention program may be used to increase or otherwise
supplement the pay or benefits of a scientist or engineer if
the scientist or engineer--
(i) is currently engaged in activities directly
related to the design, development, production, or
testing of chemical or biological weapons or a missile
system to deliver such weapons; or
(ii) was not formerly engaged in activities
directly related to the design, development,
production, or testing of weapons of mass destruction
or a missile system to deliver such weapons.
(B) None of the funds available in any fiscal year after
fiscal year 1999 for the Initiatives for Proliferation
Prevention program may be made available to an institute if the
institute--
(i) is currently involved in activities described
in subparagraph (A)(i); or
(ii) was not formerly involved in activities
described in subparagraph (A)(ii).
(3)(A) No funds available for the Initiatives for
Proliferation Prevention program may be provided to an
institute or scientist under the program if the Secretary of
Energy determines that the institute or scientist has made a
scientific or business contact in any way associated with or
related to weapons of mass destruction with a representative of
a country of proliferation concern.
(B) For purposes of this paragraph, the term ``country of
proliferation concern'' means any country so designated by the
Director of Central Intelligence for purposes of the
Initiatives for Proliferation Prevention program.
(4)(A) The Secretary of Energy shall prescribe procedures
for the review of projects under the Initiatives for
Proliferation Prevention program. The purpose of the review
shall be to ensure the following:
(i) That the military applications of such
projects, and any information relating to such
applications, is not inadvertently transferred or
utilized for military purposes.
(ii) That activities under the projects are not
redirected toward work relating to weapons of mass
destruction.
(iii) That the national security interests of the
United States are otherwise fully considered before the
commencement of the projects.
(B) Not later than 30 days after the date on which the
Secretary prescribes the procedures required by subparagraph
(A), the Secretary shall submit to Congress a report on the
procedures. The report shall set forth a schedule for the
implementation of the procedures.
(5)(A) The Secretary shall evaluate the projects carried
out under the Initiatives for Proliferation Prevention program
for commercial purposes to determine whether or not such
projects are likely to achieve their intended commercial
objectives.
(B) If the Secretary determines as a result of the
evaluation that a project is not likely to achieve its intended
commercial objective, the Secretary shall terminate the
project.
(6) Funds appropriated for the Initiatives for
Proliferation Prevention program may not be used to pay any tax
or customs duty levied by the government of the Russian
Federation. In the event payment of such a tax or customs duty
with such funds is unavoidable, the Secretary of Energy shall--
(A) after such payment, submit a report to the
congressional defense committees explaining the
particular circumstances making such payment under the
Initiatives for Proliferation Prevention program with
such funds unavoidable; and
(B) ensure that sufficient additional funds are
provided to the Initiatives for Proliferation
Prevention Program to offset the amount of such
payment.
(b) Nuclear Cities Initiative.--(1) No amounts authorized
to be appropriated by this title for the Nuclear Cities
Initiative may be obligated or expended for purposes of the
initiative until the Secretary of Energy certifies to Congress
that Russia has agreed to close some of its facilities engaged
in work on weapons of mass destruction.
(2) Notwithstanding a certification under paragraph (1),
amounts authorized to be appropriated by this title for the
Nuclear Cities Initiative may not be obligated or expended for
purposes of providing assistance under the initiative to more
than three nuclear cities, and more than two serial production
facilities, in Russia in fiscal year 2000.
(3)(A) The Secretary shall conduct a study of the potential
economic effects of each commercial program proposed under the
Nuclear Cities Initiative before providing assistance for the
conduct of the program. The study shall include an assessment
regarding whether or not the mechanisms for job creation under
each program are likely to lead to the creation of the jobs
intended to be created by that program.
(B) If the Secretary determines as a result of the study
that the intended commercial benefits of a program are not
likely to be achieved, the Secretary may not provide assistance
for the conduct of that program.
(4) Not later than January 1, 2000, the Secretary shall
submit to Congress a report describing the participation in or
contribution to the Nuclear Cities Initiative of each
department and agency of the United States Government that
participates in or contributes to the initiative. The report
shall describe separately any interagency participation in or
contribution to the initiative.
(c) Report.--(1) Not later than January 1, 2000, the
Secretary of Energy shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report on the Initiatives for
Proliferation Prevention program and the Nuclear Cities
Initiative.
(2) The report shall include the following:
(A) A strategic plan for the Initiatives for
Proliferation Prevention program and for the Nuclear
Cities Initiative, which shall establish objectives for
the program or initiative, as the case may be, and
means for measuring the achievement of such objectives.
(B) A list of the most successful projects under
the Initiatives for Proliferation Prevention program,
including for each such project the name of the
institute and scientists who are participating or have
participated in the project, the number of jobs created
through the project, and the manner in which the
project has met the nonproliferation objectives of the
United States.
(C) A list of the institutes and scientists
associated with weapons of mass destruction programs or
other defense-related programs in the states of the
former Soviet Union that the Department seeks to engage
in commercial work under the Initiatives for
Proliferation Prevention program or the Nuclear Cities
Initiative, including--
(i) a description of the work performed by
such institutes and scientists under such
weapons of mass destruction programs or other
defense-related programs; and
(ii) a description of any work proposed to
be performed by such institutes and scientists
under the Initiatives for Proliferation
Prevention program or the Nuclear Cities
Initiative.
(d) Nuclear Cities Initiative Defined.--For purposes of
this section, the term ``Nuclear Cities Initiative'' means the
initiative arising pursuant to the March 1998 discussions
between the Vice President of the United States and the Prime
Minister of the Russian Federation and between the Secretary of
Energy of the United States and the Minister of Atomic Energy
of the Russian Federation.
SEC. 3137. SUPPORT OF THEATER BALLISTIC MISSILE DEFENSE ACTIVITIES OF
THE DEPARTMENT OF DEFENSE.
(a) Funds To Carry Out Certain Ballistic Missile Defense
Activities.--Of the amounts authorized to be appropriated to
the Department of Energy pursuant to section 3101, $25,000,000
shall be available for research, development, and demonstration
activities to support the mission of the Ballistic Missile
Defense Organization of the Department of Defense, including
the following activities:
(1) Technology development, concept demonstration,
and integrated testing to improve reliability and
reduce risk in hit-to-kill interceptors for theater
ballistic missile defense.
(2) Support for science and engineering teams to
address technical problems identified by the Director
of the Ballistic Missile Defense Organization as
critical to acquisition of a theater ballistic missile
defense capability.
(b) Memorandum of Understanding.--The activities referred
to in subsection (a) shall be carried out under the memorandum
of understanding entered into by the Secretary of Energy and
the Secretary of Defense for the use of national laboratories
for ballistic missile defense programs, as required by section
3131 of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85; 111 Stat. 2034).
(c) Method of Funding.--Funds for activities referred to in
subsection (a) may be provided--
(1) by direct payment from funds available pursuant
to subsection (a); or
(2) in the case of such an activity carried out by
a national laboratory but paid for by the Ballistic
Missile Defense Organization, through a method under
which the Secretary of Energy waives any requirement
for the Department of Defense to pay any indirect
expenses (including overhead and federal administrative
charges) of the Department of Energy or its
contractors.
Subtitle D--Matters Relating to Safeguards, Security, and
Counterintelligence
SEC. 3141. SHORT TITLE.
This subtitle may be cited as the ``Department of Energy
Facilities Safeguards, Security, and Counterintelligence
Enhancement Act of 1999''.
SEC. 3142. COMMISSION ON SAFEGUARDS, SECURITY, AND COUNTERINTELLIGENCE
AT DEPARTMENT OF ENERGY FACILITIES.
(a) Establishment.--There is hereby established a
commission to be known as the Commission on Safeguards,
Security, and Counterintelligence at Department of Energy
Facilities (in this section referred to as the ``Commission'').
(b) Membership and Organization.--(1) The Commission shall
be composed of nine members appointed from among individuals in
the public and private sectors who have significant experience
in matters related to the security of nuclear weapons and
materials, the classification of information, or
counterintelligence matters, as follows:
(A) Two shall be appointed by the chairman of the
Committee on Armed Services of the Senate, in
consultation with the ranking member of that Committee.
(B) One shall be appointed by the ranking member of
the Committee on Armed Services of the Senate, in
consultation with the chairman of that Committee.
(C) Two shall be appointed by the chairman of the
Committee on Armed Services of the House of
Representatives, in consultation with the ranking
member of that Committee.
(D) One shall be appointed by the ranking member of
the Committee on Armed Services of the House of
Representatives, in consultation with the chairman of
that Committee.
(E) One shall be appointed by the Secretary of
Defense.
(F) One shall be appointed by the Director of the
Federal Bureau of Investigation.
(G) One shall be appointed by the Director of
Central Intelligence.
(2) Members of the Commission shall be appointed for four
year terms, except as follows:
(A) One member initially appointed under paragraph
(1)(A) shall serve a term of two years, to be
designated at the time of appointment.
(B) One member initially appointed under paragraph
(1)(C) shall serve a term of two years, to be
designated at the time of appointment.
(C) The member initially appointed under paragraph
(1)(E) shall serve a term of two years.
(3) Any vacancy in the Commission shall be filled in the
same manner as the original appointment and shall not affect
the powers of the Commission.
(4)(A) After five members of the Commission have been
appointed under paragraph (1), the chairman of the Committee on
Armed Services of the Senate, in consultation with the chairman
of the Committee on Armed Services of the House of
Representatives, shall designate the chairman of the Commission
from among the members appointed under paragraph (1)(A).
(B) The chairman of the Commission may be designated once
five members of the Commission have been appointed under
paragraph (1).
(5) The initial members of the Commission shall be
appointed not later than 60 days after the date of the
enactment of this Act.
(6) The members of the Commission shall establish
procedures for the activities of the Commission, including
procedures for calling meetings, requirements for quorums, and
the manner of taking votes.
(7) The Commission shall meet not less often than once
every three months.
(8) The Commission may commence its activities under this
section upon the designation of the chairman of the Commission
under paragraph (4).
(c) Duties.--(1) The Commission shall, in accordance with
this section, review the safeguards, security, and
counterintelligence activities (including activities relating
to information management, computer security, and personnel
security) at Department of Energy facilities to--
(A) determine the adequacy of those activities to
ensure the security of sensitive information,
processes, and activities under the jurisdiction of the
Department against threats to the disclosure of such
information, processes, and activities; and
(B) make recommendations for actions the Commission
determines as being necessary to ensure that such
security is achieved and maintained.
(2) The activities of the Commission under paragraph (1)
shall include the following:
(A) An analysis of the sufficiency of the Design
Threat Basis documents as a basis for the allocation of
resources for safeguards, security, and
counterintelligence activities at the Department
facilities in light of applicable guidance with respect
to such activities, including applicable laws,
Department of Energy orders, Presidential Decision
Directives, and Executive orders.
(B) Visits to Department facilities to assess the
adequacy of the safeguards, security, and
counterintelligence activities at such facilities.
(C) Evaluations of specific concerns set forth in
Department reports regarding the status of safeguards,
security, or counterintelligence activities at
particular Department facilities or at facilities
throughout the Department.
(D) Reviews of relevant laws, Department orders,
and other requirements relating to safeguards,
security, and counterintelligence activities at
Department facilities.
(E) Any other activities relating to safeguards,
security, and counterintelligence activities at
Department facilities that the Secretary of Energy
considers appropriate.
(d) Report.--(1) Not later than February 15 each year, the
Commission shall submit to the Secretary of Energy and to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report on the
activities of the Commission during the preceding year. The
report shall be submitted in unclassified form, but may include
a classified annex.
(2) Each report--
(A) shall describe the activities of the Commission
during the year covered by the report;
(B) shall set forth proposals for any changes in
safeguards, security, or counterintelligence activities
at Department of Energy facilities that the Commission
considers appropriate in light of such activities; and
(C) may include any other recommendations for
legislation or administrative action that the
Commission considers appropriate.
(e) Personnel Matters.--(1)(A) Each member of the
Commission who is not an officer or employee of the Federal
Government shall be compensated at a rate equal to the daily
equivalent of the annual rate of basic pay prescribed for level
V of the Executive Schedule under section 5316 of title 5,
United States Code, for each day (including travel time) during
which such member is engaged in the performance of the duties
of the Commission.
(B) All members of the Commission who are officers or
employees of the United States shall serve without compensation
by reason of their service on the Commission.
(2) The members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance of
services for the Commission.
(3)(A) The Commission may, without regard to the civil
service laws and regulations, appoint and terminate such
personnel as may be necessary to enable the Commission to
perform its duties.
(B) The Commission may fix the compensation of the
personnel of the Commission without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and
General Schedule pay rates.
(4) Any officer or employee of the United States may be
detailed to the Commission without reimbursement, and such
detail shall be without interruption or loss of civil service
status or privilege.
(5) The members and employees of the Commission shall hold
security clearances appropriate for the matters considered by
the Commission in the discharge of its duties under this
section.
(f) Applicability of FACA.--The provisions of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
activities of the Commission.
(g) Funding.--(1) From amounts authorized to be
appropriated by sections 3101 and 3103, the Secretary of Energy
shall make available to the Commission not more than $1,000,000
for the activities of the Commission under this section.
(2) Amounts made available to the Commission under this
subsection shall remain available until expended.
(h) Termination of Department of Energy Security Management
Board.--(1) Section 3161 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2048; 42
U.S.C. 7251 note) is repealed.
(2) Section 3162 of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2049; 42
U.S.C. 7274 note) is amended--
(A) by striking ``(a) In General.--''; and
(B) by striking subsection (b).
SEC. 3143. BACKGROUND INVESTIGATIONS OF CERTAIN PERSONNEL AT DEPARTMENT
OF ENERGY FACILITIES.
(a) In General.--The Secretary of Energy shall ensure that
an investigation meeting the requirements of section 145 of the
Atomic Energy Act of 1954 (42 U.S.C. 2165) is made for each
Department of Energy employee, or contractor employee, at a
national laboratory or nuclear weapons production facility
who--
(1) carries out duties or responsibilities in or
around a location where Restricted Data is present; or
(2) has or may have regular access to a location
where Restricted Data is present.
(b) Compliance.--The Secretary shall have 15 months from
the date of the enactment of this Act to meet the requirement
in subsection (a).
SEC. 3144. CONDUCT OF SECURITY CLEARANCES.
(a) Responsibility of Federal Bureau of Investigation.--
Subsection e. of section 145 of the Atomic Energy Act of 1954
(42 U.S.C. 2165) is amended--
(1) by inserting ``(1)'' before ``If''; and
(2) by adding at the end the following new
paragraph:
``(2) In the case of an individual employed in a program
known as a Special Access Program or a Personnel Security and
Assurance Program, any investigation required by subsections
a., b., and c. of this section shall be made by the Federal
Bureau of Investigation.''.
(b) Compliance.--The Director of the Federal Bureau of
Investigation shall have 18 months from the date of the
enactment of this Act to meet the responsibilities of the
Bureau under subsection e.(2) of section 145 of the Atomic
Energy Act of 1954, as added by subsection (a).
(c) Report.--(1) Not later than six months after the date
of the enactment of this Act, the Director of the Federal
Bureau of Investigation shall submit to the committees
specified in paragraph (2) a report on the implementation of
the responsibilities of the Bureau under subsection e.(2) of
that section. That report shall include the following:
(A) An assessment of the capability of the Bureau
to execute the additional clearance requirements, to
include additional post-initial investigations.
(B) An estimate of the additional resources
required, to include funding, to support the expanded
use of the Bureau to conduct the additional
investigations.
(C) The extent to which contractor personnel are
and would be used in the clearance process.
(2) The committees referred to in paragraph (1) are the
following:
(A) The Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
(B) The Committee on Armed Services and the
Permanent Select Committee on Intelligence of the House
of Representatives.
SEC. 3145. PROTECTION OF CLASSIFIED INFORMATION DURING LABORATORY-TO-
LABORATORY EXCHANGES.
(a) Provision of Training.--The Secretary of Energy shall
ensure that all Department of Energy employees and Department
of Energy contractor employees participating in laboratory-to-
laboratory cooperative exchange activities are fully trained in
matters relating to the protection of classified information
and to potential espionage and counterintelligence threats.
(b) Countering of Espionage and Intelligence-Gathering
Abroad.--(1) The Secretary shall establish a pool of Department
employees and Department contractor employees who are specially
trained to counter threats of espionage and intelligence-
gathering by foreign nationals against Department employees and
Department contractor employees who travel abroad for
laboratory-to-laboratory exchange activities or other
cooperative exchange activities on behalf of the Department.
(2) The Director of Counterintelligence of the Department
of Energy may assign at least one employee from the pool
established under paragraph (1) to accompany a group of
Department employees or Department contractor employees who
travel to any nation designated to be a sensitive country for
laboratory-to-laboratory exchange activities or other
cooperative exchange activities on behalf of the Department.
SEC. 3146. RESTRICTIONS ON ACCESS TO NATIONAL LABORATORIES BY FOREIGN
VISITORS FROM SENSITIVE COUNTRIES.
(a) Background Review Required.--The Secretary of Energy
may not admit to any facility of a national laboratory other
than areas accessible to the general public any individual who
is a citizen or agent of a nation that is named on the current
sensitive countries list unless the Secretary first completes a
background review with respect to that individual.
(b) Moratorium Pending Certification.--(1) During the
period described in paragraph (2), the Secretary may not admit
to any facility of a national laboratory other than areas
accessible to the general public any individual who is a
citizen or agent of a nation that is named on the current
sensitive countries list.
(2) The period referred to in paragraph (1) is the period
beginning 30 days after the date of the enactment of this Act
and ending on the later of the following:
(A) The date that is 90 days after the date of the
enactment of this Act.
(B) The date that is 45 days after the date on
which the Secretary submits to Congress the
certifications described in paragraph (3).
(3) The certifications referred to in paragraph (2) are one
certification each by the Director of Counterintelligence of
the Department of Energy, the Director of the Federal Bureau of
Investigation, and the Director of Central Intelligence, of
each of the following:
(A) That the foreign visitors program at that
facility complies with applicable orders, regulations,
and policies of the Department of Energy relating to
the safeguarding and security of sensitive information
and fulfills any counterintelligence requirements
arising under such orders, regulations, and policies.
(B) That the foreign visitors program at that
facility complies with Presidential Decision Directives
and similar requirements relating to the safeguarding
and security of sensitive information and fulfills any
counterintelligence requirements arising under such
Directives or requirements.
(C) That the foreign visitors program at that
facility includes adequate protections against the
inadvertent release of Restricted Data, information
important to the national security of the United
States, and any other sensitive information the
disclosure of which might harm the interests of the
United States.
(D) That the foreign visitors program at that
facility does not pose an undue risk to the national
security interests of the United States.
(c) Waiver of Moratorium.--(1) The Secretary of Energy may
waive the prohibition in subsection (b) on a case-by-case basis
with respect to any specific individual or any specific
delegation of individuals whose admission to a national
laboratory is determined by the Secretary to be in the interest
of the national security of the United States.
(2) Not later than the seventh day of the month following a
month in which a waiver is made, the Secretary shall submit a
report in writing providing notice of each waiver made in that
month to the following:
(A) The Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
(B) The Committee on Armed Services and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(3) Each such report shall be in classified form and shall
contain the identity of each individual or delegation for whom
such a waiver was made and, with respect to each such
individual or delegation, the following information:
(A) A detailed justification for the waiver.
(B) For each individual with respect to whom a
background review was conducted, whether the background
review determined that negative information exists with
respect to that individual.
(C) The Secretary's certification that the
admission of that individual or delegation to a
national laboratory is in the interest of the national
security of the United States.
(4) The authority of the Secretary under paragraph (1) may
be delegated only to the Director of Counterintelligence of the
Department of Energy.
(d) Exception to Moratorium for Certain Individuals.--The
moratorium under subsection (b) shall not apply to any person
who--
(1) is, on the date of the enactment of this Act,
an employee or assignee of the Department of Energy, or
of a contractor of the Department; and
(2) has undergone a background review in accordance
with subsection (a).
(e) Exception to Moratorium for Certain Programs.--The
moratorium under subsection (b) shall not apply--
(1) to activities relating to cooperative threat
reduction with states of the former Soviet Union; or
(2) to the materials protection control and
accounting program of the Department.
(f) Sense of Congress Regarding Background Reviews.--It is
the sense of Congress that the Secretary of Energy, the
Director of the Federal Bureau of Investigation, and the
Director of Central Intelligence should ensure that background
reviews carried out under this section are completed in not
more than 15 days.
(g) Definitions.--For purposes of this section:
(1) The term ``background review'', commonly known
as an indices check, means a review of information
provided by the Director of Central Intelligence and
the Director of the Federal Bureau of Investigation
regarding personal background, including information
relating to any history of criminal activity or to any
evidence of espionage.
(2) The term ``sensitive countries list'' means the
list prescribed by the Secretary of Energy known as the
Department of Energy List of Sensitive Countries as in
effect on January 1, 1999.
SEC. 3147. DEPARTMENT OF ENERGY REGULATIONS RELATING TO THE
SAFEGUARDING AND SECURITY OF RESTRICTED DATA.
(a) In General.--Chapter 18 of title I of the Atomic Energy
Act of 1954 (42 U.S.C. 2271 et seq.) is amended by inserting
after section 234A the following new section:
``Sec. 234B. Civil Monetary Penalties for Violations of
Department of Energy Regulations Regarding Security of
Classified or Sensitive Information or Data.--
``a. Any person who has entered into a contract or
agreement with the Department of Energy, or a subcontract or
subagreement thereto, and who violates (or whose employee
violates) any applicable rule, regulation, or order prescribed
or otherwise issued by the Secretary pursuant to this Act
relating to the safeguarding or security of Restricted Data or
other classified or sensitive information shall be subject to a
civil penalty of not to exceed $100,000 for each such
violation.
``b. The Secretary shall include in each contract with a
contractor of the Department provisions which provide an
appropriate reduction in the fees or amounts paid to the
contractor under the contract in the event of a violation by
the contractor or contractor employee of any rule, regulation,
or order relating to the safeguarding or security of Restricted
Data or other classified or sensitive information. The
provisions shall specify various degrees of violations and the
amount of the reduction attributable to each degree of
violation.
``c. The powers and limitations applicable to the
assessment of civil penalties under section 234A, except for
subsection d. of that section, shall apply to the assessment of
civil penalties under this section.
``d. In the case of an entity specified in subsection d. of
section 234A--
``(1) the assessment of any civil penalty under
subsection a. against that entity may not be made until
the entity enters into a new contract with the
Department of Energy or an extension of a current
contract with the Department; and
``(2) the total amount of civil penalties under
subsection a. in a fiscal year may not exceed the total
amount of fees paid by the Department of Energy to that
entity in that fiscal year.''.
(b) Applicability.--Subsection a. of section 234B of the
Atomic Energy Act of 1954, as added by subsection (a), applies
to any violation after the date of the enactment of this Act.
(c) Clarifying Amendment.--The section heading of section
234A of such Act (42 U.S.C. 2282a) is amended by inserting
``Safety'' before ``Regulations''.
(d) Clerical Amendment.--The table of sections for that Act
is amended by inserting after the item relating to section 234
the following new items:
``Sec. 234A. Civil Monetary Penalties for Violations of Department of
Energy Safety Regulations.
``Sec. 234B. Civil Monetary Penalties for Violations of Department of
Energy Regulations Regarding Security of Classified or
Sensitive Information or Data.''.
SEC. 3148. INCREASED PENALTIES FOR MISUSE OF RESTRICTED DATA.
(a) Communication of Restricted Data.--Section 224 of the
Atomic Energy Act of 1954 (42 U.S.C. 2274) is amended--
(1) in clause a., by striking ``$20,000'' and
inserting ``$100,000''; and
(2) in clause b., by striking ``$10,000'' and
inserting ``$500,000''.
(b) Receipt of Restricted Data.--Section 225 of such Act
(42 U.S.C. 2275) is amended by striking ``$20,000'' and
inserting ``$100,000''.
(c) Disclosure of Restricted Data.--Section 227 of such Act
(42 U.S.C. 2277) is amended by striking ``$2,500'' and
inserting ``$12,500''.
SEC. 3149. SUPPLEMENT TO PLAN FOR DECLASSIFICATION OF RESTRICTED DATA
AND FORMERLY RESTRICTED DATA.
(a) Supplement to Plan.--The Secretary of Energy and the
Archivist of the United States shall, after consultation with
the members of the National Security Council and in
consultation with the Secretary of Defense and the heads of
other appropriate Federal agencies, develop a supplement to the
plan required under subsection (a) of section 3161 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 2260; 50 U.S.C. 435 note).
(b) Contents of Supplement.--The supplement shall provide
for the application of that plan (including in particular the
element of the plan required by section 3161(b)(1) of that Act)
to all records subject to Executive Order No. 12958 that were
determined before the date of the enactment of that Act to be
suitable for declassification.
(c) Limitation on Declassification of Records.--All records
referred to in subsection (b) shall be treated, for purposes of
section 3161(c) of that Act, in the same manner as records
referred to in section 3161(a) of that Act.
(d) Submission of Supplement.--The Secretary of Energy
shall submit the supplement required under subsection (a) to
the recipients of the plan referred to in section 3161(d) of
that Act.
SEC. 3150. NOTICE TO CONGRESSIONAL COMMITTEES OF CERTAIN SECURITY AND
COUNTERINTELLIGENCE FAILURES WITHIN NUCLEAR ENERGY
DEFENSE PROGRAMS.
(a) Required Notification.--The Secretary of Energy shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a notification of each significant
nuclear defense intelligence loss. Any such notification shall
be provided only after consultation with the Director of
Central Intelligence and the Director of the Federal Bureau of
Investigation, as appropriate.
(b) Significant Nuclear Defense Intelligence Losses.--In
this section, the term ``significant nuclear defense
intelligence loss'' means any national security or
counterintelligence failure or compromise of classified
information at a facility of the Department of Energy or
operated by a contractor of the Department that the Secretary
considers likely to cause significant harm or damage to the
national security interests of the United States.
(c) Manner of Notification.--Notification of a significant
nuclear defense intelligence loss under subsection (a) shall be
provided, in accordance with the procedures established
pursuant to subsection (d), not later than 30 days after the
date on which the Department of Energy determines that the loss
has taken place.
(d) Procedures.--The Secretary of Energy and the Committees
on Armed Services of the Senate and House of Representatives
shall each establish such procedures as may be necessary to
protect from unauthorized disclosure classified information,
information relating to intelligence sources and methods, and
sensitive law enforcement information that is submitted to
those committees pursuant to this section and that are
otherwise necessary to carry out the provisions of this
section.
(e) Statutory Construction.--(1) Nothing in this section
shall be construed as authority to withhold any information
from the Committees on Armed Services of the Senate and House
of Representatives on the grounds that providing the
information to those committees would constitute the
unauthorized disclosure of classified information, information
relating to intelligence sources and methods, or sensitive law
enforcement information.
(2) Nothing in this section shall be construed to modify or
supersede any other requirement to report information on
intelligence activities to the Congress, including the
requirement under section 501 of the National Security Act of
1947 (50 U.S.C. 413) for the President to ensure that the
congressional intelligence committees are kept fully informed
of the intelligence activities of the United States and for
those committees to notify promptly other congressional
committees of any matter relating to intelligence activities
requiring the attention of those committees.
SEC. 3151. ANNUAL REPORT BY THE PRESIDENT ON ESPIONAGE BY THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Annual Report Required.--The President shall transmit
to Congress an annual report on the steps being taken by the
Department of Energy, the Department of Defense, the Federal
Bureau of Investigation, the Central Intelligence Agency, and
all other relevant executive departments and agencies to
respond to espionage and other intelligence activities by the
People's Republic of China, particularly with respect to--
(1) the theft of sophisticated United States
nuclear weapons design information; and
(2) the targeting by the People's Republic of China
of United States nuclear weapons codes and other
national security information of strategic concern.
(b) Initial Report.--The first report under this section
shall be transmitted not later than March 1, 2000.
SEC. 3152. REPORT ON COUNTERINTELLIGENCE AND SECURITY PRACTICES AT
NATIONAL LABORATORIES.
(a) In General.--Not later than March 1 of each year, the
Secretary of Energy shall submit to the Congress a report for
the preceding year on counterintelligence and security
practices at the facilities of the national laboratories
(whether or not classified activities are carried out at the
facility).
(b) Content of Report.--The report shall include, with
respect to each national laboratory, the following:
(1) The number of employees, including full-time
counterintelligence and security professionals and
contractor employees.
(2) A description of the counterintelligence and
security training courses conducted and, for each such
course, any requirement that employees successfully
complete that course.
(3) A description of each contract awarded that
provides an incentive for the effective performance of
counterintelligence or security activities.
(4) A description of the requirement that an
employee report the travel to sensitive countries of
that employee (whether or not the travel was for
official business).
(5) The number of trips by individuals who traveled
to sensitive countries, with identification of the
sensitive countries visited.
SEC. 3153. REPORT ON SECURITY VULNERABILITIES OF NATIONAL LABORATORY
COMPUTERS.
(a) Report Required.--Not later than March 1 of each year,
the National Counterintelligence Policy Board shall prepare a
report on the security vulnerabilities of the computers of the
national laboratories.
(b) Preparation of Report.--In preparing the report, the
National Counterintelligence Policy Board shall establish a so-
called ``red team'' of individuals to perform an operational
evaluation of the security vulnerabilities of the computers of
one or more national laboratories, including by direct
experimentation. Such individuals shall be selected by the
National Counterintelligence Policy Board from among employees
of the Department of Defense, the National Security Agency, the
Central Intelligence Agency, the Federal Bureau of
Investigation, and of other agencies, and may be detailed to
the National Counterintelligence Policy Board from such
agencies without reimbursement and without interruption or loss
of civil service status or privilege.
(c) Submission of Report to Secretary of Energy and to FBI
Director.--Not later than March 1 of each year, the report
shall be submitted in classified and unclassified form to the
Secretary of Energy and the Director of the Federal Bureau of
Investigation.
(d) Forwarding to Congressional Committees.--Not later than
30 days after the report is submitted, the Secretary and the
Director shall each separately forward that report, with the
recommendations in classified and unclassified form of the
Secretary or the Director, as applicable, in response to the
findings of that report, to the following:
(1) The Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
(2) The Committee on Armed Services and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(e) First Report.--The first report under this section
shall be the report for the year 2000. That report shall cover
each of the national laboratories.
SEC. 3154. COUNTERINTELLIGENCE POLYGRAPH PROGRAM.
(a) Program Required.--The Secretary of Energy, acting
through the Director of Counterintelligence, shall carry out a
counterintelligence polygraph program for the defense-related
activities of the Department. The counterintelligence polygraph
program shall consist of the administration of
counterintelligence polygraph examinations to each covered
person who has access to high-risk programs.
(b) Covered Persons.--For purposes of this section, a
covered person is one of the following:
(1) An officer or employee of the Department.
(2) An expert or consultant under contract to the
Department.
(3) An officer or employee of a contractor of the
Department.
(c) High-Risk Programs.--For purposes of this section,
high-risk programs are the programs known as--
(1) Special Access Programs; and
(2) Personnel Security And Assurance Programs.
(d) Initial Testing and Consent.--The Secretary may not
permit a covered person to have initial access to any high-risk
program unless that person first undergoes a
counterintelligence polygraph examination and consents in a
signed writing to the counterintelligence polygraph
examinations required by this section.
(e) Additional Testing.--The Secretary may not permit a
covered person to have continued access to any high-risk
program unless that person undergoes a counterintelligence
polygraph examination within five years after that person has
initial access, and thereafter--
(1) not less frequently than every five years; and
(2) at any time at the direction of the Director of
Counterintelligence.
(f) Counterintelligence Polygraph Examination.--For
purposes of this section, the term ``counterintelligence
polygraph examination'' means a polygraph examination using
questions reasonably calculated to obtain counterintelligence
information, including questions relating to espionage,
sabotage, unauthorized disclosure of classified information,
and unauthorized contact with foreign nationals.
(g) Regulations.--The Secretary shall prescribe any
regulations necessary to carry out this section. Those
regulations shall include procedures, to be developed in
consultation with the Federal Bureau of Investigation, for--
(1) identifying and addressing ``false positive''
results of polygraph examinations; and
(2) ensuring that adverse personnel actions not be
taken against an individual solely by reason of that
individual's physiological reaction to a question in a
polygraph examination, unless reasonable efforts are
first made to independently determine through
alternative means the veracity of that individual's
response to that question.
(h) Plan for Extension of Program.--Not later than 180 days
after the date of the enactment of this Act, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a plan on extending the program required by
this section. The plan shall provide for the administration of
counterintelligence polygraph examinations in accordance with
the program to each covered person who has access to--
(1) the programs known as Personnel Assurance
Programs; and
(2) the information identified as Sensitive
Compartmented Information.
SEC. 3155. DEFINITIONS OF NATIONAL LABORATORY AND NUCLEAR WEAPONS
PRODUCTION FACILITY.
For purposes of this subtitle:
(1) The term ``national laboratory'' means any of
the following:
(A) The Lawrence Livermore National
Laboratory, Livermore, California.
(B) The Los Alamos National Laboratory, Los
Alamos, New Mexico.
(C) The Sandia National Laboratories,
Albuquerque, New Mexico and Livermore,
California.
(2) The term ``nuclear weapons production
facility'' means any of the following:
(A) The Kansas City Plant, Kansas City,
Missouri.
(B) The Pantex Plant, Amarillo, Texas.
(C) The Y-12 Plant, Oak Ridge, Tennessee.
(D) The tritium operations at the Savannah
River Site, Aiken, South Carolina.
(E) The Nevada Test Site, Nevada.
SEC. 3156. DEFINITION OF RESTRICTED DATA.
In this subtitle, the term ``Restricted Data'' has the
meaning given that term in section 11 y. of the Atomic Energy
Act of 1954 (42 U.S.C. 2014(y)).
Subtitle E--Matters Relating to Personnel
SEC. 3161. EXTENSION OF AUTHORITY OF DEPARTMENT OF ENERGY TO PAY
VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
(a) Extension.--Notwithstanding subsection (c)(2)(D) of
section 663 of the Treasury, Postal Service, and General
Government Appropriations Act, 1997 (as contained in section
101(f) of division A of Public Law 104-208; 110 Stat. 3009-383;
5 U.S.C. 5597 note), the Department of Energy may pay voluntary
separation incentive payments under such section 663 to
qualifying employees who voluntarily separate (whether by
retirement or resignation) before January 1, 2003.
(b) Report.--(1) Not later than March 15, 2000, the
Secretary of Energy shall submit to the Director of the Office
of Personnel Management and the specified congressional
committees a report describing how the Department has, by
reason of the provisions of subsection (a), paid voluntary
separation payments under such section 663.
(2) The report under paragraph (1) shall--
(A) include the occupations and grade levels of
each employee with respect to whom the Department has,
by reason of the provisions of subsection (a), paid
voluntary separation payments under such section 663;
and
(B) describe how the paying of such payments by
reason of the provisions of subsection (a) relates to
the restructuring plans of the Department.
(3) For purposes of this subsection, the term ``specified
congressional committees'' means the following:
(A) The Committee on Armed Services, the Committee
on Government Reform, and the Committee on Commerce of
the House of Representatives.
(B) The Committee on Armed Services and the
Committee on Governmental Affairs of the Senate.
SEC. 3162. FELLOWSHIP PROGRAM FOR DEVELOPMENT OF SKILLS CRITICAL TO THE
DEPARTMENT OF ENERGY NUCLEAR WEAPONS COMPLEX.
(a) In General.--Subsection (a) of section 3140 of the
National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104-106; 110 Stat. 621; 42 U.S.C. 2121 note) is amended--
(1) by striking ``the Secretary'' in the second
sentence and all that follows through ``provide
educational assistance'' and inserting ``the Secretary
shall provide educational assistance'';
(2) by striking the semicolon after ``complex'' in
the second sentence and inserting a period; and
(3) by striking paragraphs (2) and (3).
(b) Eligible Individuals.--Subsection (b) of such section
is amended by inserting ``are United States citizens who'' in
the matter preceding paragraph (1) after ``program''.
(c) Covered Facilities.--Subsection (c) of such section is
amended by adding at the end the following new paragraphs:
``(5) The Lawrence Livermore National Laboratory,
Livermore, California.
``(6) The Los Alamos National Laboratory, Los
Alamos, New Mexico.
``(7) The Sandia National Laboratories,
Albuquerque, New Mexico, and Livermore, California.''.
(d) Agreement Required.--Subsection (f) of such section is
amended to read as follows:
``(f) Agreement.--(1) The Secretary may allow an individual
to participate in the program only if the individual signs an
agreement described in paragraph (2).
``(2) An agreement referred to in paragraph (1) shall be in
writing, shall be signed by the participant, and shall include
the participant's agreement to serve, after completion of the
course of study for which the assistance was provided, as a
full-time employee in a position in the Department of Energy
for a period of time to be established by the Secretary of
Energy of not less than one year, if such a position is offered
to the participant.''.
(e) Plan.--(1) Not later than January 1, 2000, the
Secretary of Energy shall submit to the congressional defense
committees a plan for the administration of the fellowship
program under section 3140 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 42
U.S.C. 2121 note), as amended by this section.
(2) The plan shall include the criteria for the selection
of individuals for participation in such fellowship program and
a description of the provisions to be included in the agreement
required by subsection (f) of such section (as amended by this
section), including the period of time established by the
Secretary for the participants to serve as employees.
(f) Funding.--Of the funds authorized to be appropriated to
the Department of Energy pursuant to section 3101, $5,000,000
shall be available only to conduct the fellowship program under
section 3140 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 42 U.S.C. 2121 note), as
amended by this section.
SEC. 3163. MAINTENANCE OF NUCLEAR WEAPONS EXPERTISE IN THE DEPARTMENT
OF DEFENSE AND DEPARTMENT OF ENERGY.
(a) Administration of Joint Nuclear Weapons Council.--(1)
Subsection (b) of section 179 of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(3) The Council shall meet not less often than once every
three months.''.
(2) Subsection (c) of that section is amended by adding at
the end the following new paragraph:
``(3)(A) Whenever the position of Assistant to the
Secretary of Defense for Nuclear and Chemical and Biological
Defense Programs has been vacant a period of more than 6
months, the Secretary of Energy shall designate a qualified
individual to serve as acting staff director of the Council
until the position of that Assistant to the Secretary is
filled.
``(B) An individual appointed under subparagraph (A) shall
possess substantial technical and policy experience relevant to
the management and oversight of nuclear weapons programs.''.
(b) Revitalization of Joint Nuclear Weapons Council.--(1)
The Secretary of Defense and the Secretary of Energy shall
jointly prepare, and not later than March 15, 2000, submit to
the committees specified in subsection (g), a plan to
revitalize the Joint Nuclear Weapons Council established by
section 179 of title 10, United States Code.
(2) The plan shall include any proposed modification to the
membership or responsibilities of the Council that the
Secretaries jointly determine advisable to enhance the
capability of the Council to ensure the integration of
Department of Defense requirements for nuclear weapons into the
programs and budget processes of the Department of Energy.
(c) Annual Report on Council Activities.--Section 179(f) of
title 10, United States Code, is amended by adding at the end
the following:
``(3) A description of the activities of the
Council during the 12-month period ending on the date
of the report together with any assessments or studies
conducted by the Council during that period.
``(4) A description of the highest priority
requirements of the Department of Defense with respect
to the Department of Energy stockpile stewardship and
management program as of that date.
``(5) An assessment of the extent to which the
requirements referred to in paragraph (4) are being
addressed by the Department of Energy as of that
date.''.
(d) Nuclear Mission Management Plan.--(1) The Secretary of
Defense shall develop and implement a plan to ensure the
continued reliability of the capability of the Department of
Defense to carry out its nuclear deterrent mission.
(2) The plan shall do the following:
(A) Articulate the current policy of the United
States on the role of nuclear weapons and nuclear
deterrence in the conduct of defense and foreign
relations matters.
(B) Establish stockpile viability and capability
requirements with respect to that mission, including
the number and variety of warheads required.
(C) Establish requirements relating to the
contractor industrial base, support infrastructure, and
surveillance, testing, assessment, and certification of
nuclear weapons necessary to support that mission.
(3) The plan shall take into account the following:
(A) Requirements for the critical skills,
readiness, training, exercise, and testing of personnel
necessary to meet that mission.
(B) The relevant programs and plans of the military
departments and the Defense Agencies with respect to
readiness, sustainment (including research and
development), and modernization of the strategic
deterrent forces.
(e) Nuclear Expertise Retention Measures.--(1) Not later
than March 15, 2000, the Secretary of Energy and Secretary of
Defense shall submit to the committees specified in subsection
(g) a joint plan setting forth the actions that the Secretaries
consider necessary to retain core scientific, engineering, and
technical skills and capabilities within the Department of
Energy, the Department of Defense, and the contractors of those
departments in order to maintain the United States nuclear
deterrent force indefinitely.
(2) The plan shall include the following elements:
(A) A baseline of current skills and capabilities
by location.
(B) A statement of the skills or capabilities that
are at risk of being lost within the next ten years.
(C) A statement of measures that will be taken to
retain such skills and capabilities.
(D) A proposal for recruitment measures to address
the loss of such skills or capabilities.
(E) A proposal for the training and evaluation of
personnel with core scientific, engineering, and
technical skills and capabilities.
(F) A statement of the additional advanced
manufacturing programs and process engineering programs
that are required to maintain the nuclear deterrent
force indefinitely.
(G) An assessment of the desirability of
establishing a nuclear weapons workforce reserve to
ensure the availability of the skills and capabilities
of present and former employees of the Department of
Energy, the Department of Defense, and the contractors
of those departments in the event of an urgent future
need for such skills and capabilities.
(f) Reports on Critical Difficulties at Nuclear Weapons
Laboratories.--Section 3159 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
Stat. 2842; 42 U.S.C. 7274o) is amended--
(1) by redesignating subsection (d) as subsection
(e); and
(2) by inserting after subsection (c) the following
new subsection:
``(d) Inclusion of Reports in Annual Stockpile
Certification.--Any report submitted pursuant to subsection (a)
shall also be included with the decision documents that
accompany the annual certification of the safety and
reliability of the United States nuclear weapons stockpile
which is provided to the President for the year in which such
report is submitted.''.
(g) Specified Committees.--The committees specified in this
subsection are the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives.
SEC. 3164. WHISTLEBLOWER PROTECTION PROGRAM.
(a) Program Required.--The Secretary of Energy shall
establish a program to ensure that covered individuals may not
be discharged, demoted, or otherwise discriminated against as a
reprisal for making protected disclosures.
(b) Covered Individuals.--For purposes of this section, a
covered individual is an individual who is an employee of the
Department of Energy, or of a contractor of the Department, who
is engaged in the defense activities of the Department.
(c) Protected Disclosures.--For purposes of this section, a
protected disclosure is a disclosure--
(1) made by a covered individual who takes
appropriate steps to protect the security of the
information in accordance with guidance provided under
this section;
(2) made to a person or entity specified in
subsection (d); and
(3) of classified or other information that the
covered individual reasonably believes to provide
direct and specific evidence of any of the following:
(A) A violation of law or Federal
regulation.
(B) Gross mismanagement, a gross waste of
funds, or abuse of authority.
(C) A false statement to Congress on an
issue of material fact.
(d) Persons and Entities to Which Disclosures May Be
Made.--A person or entity specified in this subsection is any
of the following:
(1) A member of a committee of Congress having
primary responsibility for oversight of the department,
agency, or element of the Government to which the
disclosed information relates.
(2) An employee of Congress who is a staff member
of such a committee and has an appropriate security
clearance for access to information of the type
disclosed.
(3) The Inspector General of the Department of
Energy.
(4) The Federal Bureau of Investigation.
(5) Any other element of the Government designated
by the Secretary as authorized to receive information
of the type disclosed.
(e) Official Capacity of Persons to Whom Information is
Disclosed.--A member of, or an employee of Congress who is a
staff member of, a committee of Congress specified in
subsection (d) who receives a protected disclosure under this
section does so in that member or employee's official capacity
as such a member or employee.
(f) Assistance and Guidance.--The Secretary, acting through
the Inspector General of the Department of Energy, shall
provide assistance and guidance to each covered individual who
seeks to make a protected disclosure under this section. Such
assistance and guidance shall include the following:
(1) Identifying the persons or entities under
subsection (d) to which that disclosure may be made.
(2) Advising that individual regarding the steps to
be taken to protect the security of the information to
be disclosed.
(3) Taking appropriate actions to protect the
identity of that individual throughout that disclosure.
(4) Taking appropriate actions to coordinate that
disclosure with any other Federal agency or agencies
that originated the information.
(g) Regulations.--The Secretary shall prescribe regulations
to ensure the security of any information disclosed under this
section.
(h) Notification to Covered Individuals.--The Secretary
shall notify each covered individual of the following:
(1) The rights of that individual under this
section.
(2) The assistance and guidance provided under this
section.
(3) That the individual has a responsibility to
obtain that assistance and guidance before seeking to
make a protected disclosure.
(i) Complaint by Covered Individuals.--If a covered
individual believes that that individual has been discharged,
demoted, or otherwise discriminated against as a reprisal for
making a protected disclosure under this section, the
individual may submit a complaint relating to such matter to
the Director of the Office of Hearings and Appeals of the
Department of Energy.
(j) Investigation by Office of Hearings and Appeals.--(1)
For each complaint submitted under subsection (i), the Director
of the Office of Hearings and Appeals shall--
(A) determine whether or not the complaint is
frivolous; and
(B) if the Director determines the complaint is not
frivolous, conduct an investigation of the complaint.
(2) The Director shall submit a report on each
investigation undertaken under paragraph (1)(B) to--
(A) the individual who submitted the complaint on
which the investigation is based;
(B) the contractor concerned, if any; and
(C) the Secretary of Energy.
(k) Remedial Action.--(1) Whenever the Secretary determines
that a covered individual has been discharged, demoted, or
otherwise discriminated against as a reprisal for making a
protected disclosure under this section, the Secretary shall--
(A) in the case of a Department employee, take
appropriate actions to abate the action; or
(B) in the case of a contractor employee, order the
contractor concerned to take appropriate actions to
abate the action.
(2)(A) If a contractor fails to comply with an order issued
under paragraph (1)(B), the Secretary may file an action for
enforcement of the order in the appropriate United States
district court.
(B) In any action brought under subparagraph (A), the court
may grant appropriate relief, including injunctive relief and
compensatory and exemplary damages.
(l) Relationship to Other Laws.--The protections provided
by this section are independent of, and not subject to any
limitations that may be provided in, the Whistleblower
Protection Act of 1989 (Public Law 101-512) or any other law
that may provide protection for disclosures of information by
employees of the Department of Energy or of a contractor of the
Department.
(m) Annual Report.--(1) Not later than 30 days after the
commencement of each fiscal year, the Director shall submit to
the Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report on
the investigations undertaken under subsection (j)(1)(B) during
the preceding fiscal year, including a summary of the results
of each such investigation.
(2) A report under paragraph (1) may not identify or
otherwise provide any information about an individual
submitting a complaint under this section without the consent
of the individual.
(n) Implementation Report.--Not later than 60 days after
the date of the enactment of this Act, the Secretary shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a
report describing the implementation of the program required by
this section.
Subtitle F--Other Matters
SEC. 3171. REQUIREMENT FOR PLAN TO IMPROVE REPROGRAMMING PROCESSES.
Not later than November 15, 1999, the Secretary of Energy
shall submit to the congressional defense committees a report
on improving the reprogramming processes relating to the
defense activities of the Department of Energy. The report
shall include a plan to ensure that the reprogramming requests
of the Department relating to those activities are submitted in
a timely and disciplined manner.
SEC. 3172. INTEGRATED FISSILE MATERIALS MANAGEMENT PLAN.
(a) Plan.--The Secretary of Energy shall develop a long-
term plan for the integrated management of fissile materials by
the Department of Energy. The plan shall--
(1) identify means of coordinating or integrating
the responsibilities of the Office of Environmental
Management, the Office of Fissile Materials
Disposition, the Office of Nuclear Energy, and the
Office of Defense Programs for the treatment, storage
and disposition of fissile materials, and for the waste
streams containing fissile materials, in order to
achieve budgetary and other efficiencies in the
discharge of those responsibilities; and
(2) identify any expenditures necessary at the
sites that are anticipated to have an enduring mission
for plutonium management in order to achieve the
integrated management of fissile materials by the
Department.
(b) Submittal to Congress.--The Secretary shall submit the
plan required by subsection (a) to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives not later than March 31, 2000.
SEC. 3173. IDENTIFICATION IN BUDGET MATERIALS OF AMOUNTS FOR
DECLASSIFICATION ACTIVITIES AND LIMITATION ON
EXPENDITURES FOR SUCH ACTIVITIES.
(a) Amounts for Declassification of Records.--The Secretary
of Energy shall include in the budget justification materials
submitted to Congress in support of the Department of Energy
budget for any fiscal year (as submitted with the budget of the
President under section 1105(a) of title 31, United States
Code) specific identification, as a budgetary line item, of the
amounts required to carry out programmed activities during that
fiscal year to declassify records pursuant to Executive Order
12958 (50 U.S.C. 435 note), or any successor Executive order,
or to comply with any statutory requirement to declassify
Government records.
(b) Certification Required With Respect to Automatic
Declassification of Records.--No records of the Department of
Energy that have not as of the date of the enactment of this
Act been reviewed for declassification shall be subject to
automatic declassification unless the Secretary of Energy
certifies to Congress that such declassification would not harm
the national security.
(c) Report on Automatic Declassification of Department of
Energy Records.--Not later than February 1, 2001, the Secretary
of Energy shall submit to the Committee on Armed Services of
the House of Representatives and the Committee on Armed
Services of the Senate a report on the efforts of the
Department of Energy relating to the declassification of
classified records under the control of the Department of
Energy. Such report shall include the following:
(1) An assessment of whether the Department will be
able to review all relevant records for
declassification before any date established for
automatic declassification.
(2) An estimate of the number of records, if any,
that the Department will be unable to review for
declassification before any such date and the effect on
national security of the automatic declassification of
those records.
(3) An estimate of the length of time by which any
such date would need to be extended to avoid the
automatic declassification of records that have not yet
been reviewed as of such date.
SEC. 3174. SENSE OF CONGRESS REGARDING TECHNOLOGY TRANSFER COORDINATION
FOR DEPARTMENT OF ENERGY NATIONAL LABORATORIES.
(a) Technology Transfer Coordination.--It is the sense of
Congress that, within 90 days after the date of the enactment
of this Act, the Secretary of Energy should ensure, for each
national laboratory, the following:
(1) Consistency of technology transfer policies and
procedures with respect to patenting, licensing, and
commercialization.
(2) Training to ensure that laboratory personnel
responsible for patenting, licensing, and
commercialization activities are knowledgeable of the
appropriate legal, procedural, and ethical standards.
(b) Definition of National Laboratory.--As used in this
section, the term ``national laboratory'' means any of the
following laboratories:
(1) The Los Alamos National Laboratory, Los Alamos,
New Mexico.
(2) The Lawrence Livermore National Laboratory,
Livermore, California.
(3) The Sandia National Laboratories, Albuquerque,
New Mexico, and Livermore, California.
SEC. 3175. PILOT PROGRAM FOR PROJECT MANAGEMENT OVERSIGHT REGARDING
DEPARTMENT OF ENERGY CONSTRUCTION PROJECTS.
(a) Requirement.--(1) The Secretary of Energy shall carry
out a pilot program on use of project management oversight
services (in this section referred to as ``PMO services'') for
construction projects of the Department of Energy.
(2) The purpose of the pilot program shall be to provide a
basis for determining whether or not the use of competitively
procured, external PMO services for those construction projects
would permit the Department to control excessive costs and
schedule delays associated with those construction projects
that have large capital costs.
(b) Projects Covered by Program.--(1) Subject to paragraph
(2), the Secretary shall carry out the pilot program at
construction projects selected by the Secretary. The projects
shall include one or more construction projects authorized
pursuant to section 3101 and one construction project
authorized pursuant to section 3102.
(2) Each project selected by the Secretary shall be a
project having capital construction costs anticipated to be not
less than $25,000,000.
(c) Services Under Program.--The PMO services used under
the pilot program shall include the following services:
(1) Monitoring the overall progress of a project.
(2) Determining whether or not a project is on
schedule.
(3) Determining whether or not a project is within
budget.
(4) Determining whether or not a project conforms
with plans and specifications approved by the
Department.
(5) Determining whether or not a project is being
carried out efficiently and effectively.
(6) Any other management oversight services that
the Secretary considers appropriate for purposes of the
pilot program.
(d) Procurement of Services Under Program.--Any PMO
services procured under the pilot program shall be acquired--
(1) on a competitive basis; and
(2) from among commercial entities that--
(A) do not currently manage or operate
facilities at a location where the pilot
program is being conducted; and
(B) have an expertise in the management of
large construction projects.
(e) Report.--Not later than February 1, 2000, the Secretary
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the pilot program.
The report shall include the assessment of the Secretary as to
the feasibility and desirability of using PMO services for
construction projects of the Department.
SEC. 3176. PILOT PROGRAM OF DEPARTMENT OF ENERGY TO AUTHORIZE USE OF
PRIOR YEAR UNOBLIGATED BALANCES FOR ACCELERATED
SITE CLEANUP AT ROCKY FLATS ENVIRONMENTAL
TECHNOLOGY SITE, COLORADO.
(a) Authority To Use Amounts.--The Secretary of Energy
shall carry out a pilot program under which the Secretary may
use prior year unobligated balances in the defense environment
management account for the closure project of the Department of
Energy at the Rocky Flats Environmental Technology Site,
Colorado, for purposes of meeting accelerated cleanup schedule
milestones with respect to that closure project. The amount of
prior year unobligated balances that are obligated under the
pilot program in any fiscal year may not exceed $15,000,000.
(b) Notice of Intent To Use Authority.--Not less than 30
days before any obligation of funds under the pilot program
under subsection (a), the Secretary shall notify the
congressional defense committees of the intent of the Secretary
to make such obligation.
(c) Report on Pilot Program.--Not later than July 31, 2002,
the Secretary shall submit to the congressional defense
committees and the Committee on Commerce of the House of
Representatives a report on the implementation of the pilot
program carried out under subsection (a). The report shall
include the following:
(1) Any use of the authority under that pilot
program.
(2) The recommendations of the Secretary as to
whether--
(A) the termination date in subsection (d)
should be extended; and
(B) the authority under that pilot program
should be applied to additional closure
projects of the Department.
(d) Termination.--The authority to obligate funds under the
pilot program shall cease to be in effect at the close of
September 30, 2002.
SEC. 3177. PROPOSED SCHEDULE FOR SHIPMENTS OF WASTE FROM ROCKY FLATS
ENVIRONMENTAL TECHNOLOGY SITE, COLORADO, TO WASTE
ISOLATION PILOT PLANT, NEW MEXICO.
(a) Submittal of Proposed Schedule.--Not later than 60 days
after the date of the enactment of this Act, the Secretary of
Energy shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services and the Committee on
Commerce of the House of Representatives a proposed schedule
for shipment of mixed and unmixed transuranic waste from the
Rocky Flats Environmental Technology Site, Colorado, to the
Waste Isolation Pilot Plant, New Mexico. The proposed schedule
shall identify a schedule for certifying, producing, and
delivering appropriate shipping containers.
(b) Requirements Regarding Schedule.--In preparing the
schedule required under subsection (a), the Secretary shall
assume the following:
(1) That the Rocky Flats Environmental Technology
Site will have a closure date that is in 2006.
(2) That all waste that is transferable from the
Rocky Flats Environmental Technology Site to the Waste
Isolation Pilot Plant will be removed from the Rocky
Flats Environmental Technology Site by that closure
date as specified in the current 2006 Rocky Flats
Environmental Technology Site Closure Plan.
(3) That, to the maximum extent practicable,
shipments of waste from the Rocky Flats Environmental
Technology Site to the Waste Isolation Pilot Plant will
be carried out on an expedited schedule, but not
interfere with other shipments of waste to the Waste
Isolation Pilot Plant that are planned as of the date
of the enactment of this Act.
SEC. 3178. COMPTROLLER GENERAL REPORT ON CLOSURE OF ROCKY FLATS
ENVIRONMENTAL TECHNOLOGY SITE, COLORADO.
(a) Report.--Not later than December 31, 2000, the
Comptroller General shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
assessing the progress in the closure of the Rocky Flats
Environmental Technology Site, Colorado.
(b) Report Elements.--The report shall address and make
recommendations on the following:
(1) How decisions with respect to the future use of
the Rocky Flats Environmental Technology Site affect
ongoing cleanup at the site.
(2) How failure to make decisions with respect to
the future use of the Rocky Flats site affect ongoing
cleanup at that site.
(3) Whether the Secretary of Energy could provide
additional flexibility to the contractor at the Rocky
Flats site in order to accelerate the cleanup of that
site.
(4) Whether the Secretary could take additional
actions throughout the nuclear weapons complex of the
Department of Energy in order to accelerate the closure
of the Rocky Flats site.
(5) The developments, if any, since the April 1999
report of the Comptroller General that could alter the
pace of the closure of the Rocky Flats site.
(6) The possibility of closure of the Rocky Flats
site by 2006.
(7) The actions that should be taken by the
Secretary or Congress to ensure that the Rocky Flats
site will be closed by 2006.
(8) The impact of the schedule to transport mixed
and unmixed transuranic waste on the ability of the
Secretary to close the Rocky Flats site by 2006.
SEC. 3179. EXTENSION OF REVIEW OF WASTE ISOLATION PILOT PLANT, NEW
MEXICO.
Section 1433(a) of the National Defense Authorization Act,
Fiscal Year 1989 (Public Law 100-456; 102 Stat. 2073) is
amended in the second sentence by striking ``nine additional
one-year periods'' and inserting ``fourteen additional one-year
periods''.
TITLE XXXII--NATIONAL NUCLEAR SECURITY ADMINISTRATION
Sec. 3201. Short title.
Sec. 3202. Under Secretary for Nuclear Security of Department of Energy.
Sec. 3203. Establishment of policy for National Nuclear Security
Administration.
Sec. 3204. Organization of Department of Energy counterintelligence and
intelligence programs and activities.
Subtitle A--Establishment and Organization
Sec. 3211. Establishment and mission.
Sec. 3212. Administrator for Nuclear Security.
Sec. 3213. Status of Administration and contractor personnel within
Department of Energy.
Sec. 3214. Deputy Administrator for Defense Programs.
Sec. 3215. Deputy Administrator for Defense Nuclear Nonproliferation.
Sec. 3216. Deputy Administrator for Naval Reactors.
Sec. 3217. General Counsel.
Sec. 3218. Staff of Administration.
Subtitle B--Matters Relating to Security
Sec. 3231. Protection of national security information.
Sec. 3232. Office of Defense Nuclear Counterintelligence and Office of
Defense Nuclear Security.
Sec. 3233. Counterintelligence programs.
Sec. 3234. Procedures relating to access by individuals to classified
areas and information of Administration.
Sec. 3235. Government access to information on Administration computers.
Sec. 3236. Congressional oversight of special access programs.
Subtitle C--Matters Relating to Personnel
Sec. 3241. Authority to establish certain scientific, engineering, and
technical positions.
Sec. 3242. Voluntary early retirement authority.
Sec. 3243. Severance pay.
Sec. 3244. Continued coverage of health care benefits.
Subtitle D--Budget and Financial Management
Sec. 3251. Separate treatment in budget.
Sec. 3252. Planning, programming, and budgeting process.
Sec. 3253. Future-years nuclear security program.
Subtitle E--Miscellaneous Provisions
Sec. 3261. Environmental protection, safety, and health requirements.
Sec. 3262. Compliance with Federal Acquisition Regulation.
Sec. 3263. Sharing of technology with Department of Defense.
Sec. 3264. Use of capabilities of national security laboratories by
entities outside Administration.
Subtitle F--Definitions
Sec. 3281. Definitions.
Subtitle G--Amendatory Provisions, Transition Provisions, and Effective
Dates
Sec. 3291. Functions transferred.
Sec. 3292. Transfer of funds and employees.
Sec. 3293. Pay levels.
Sec. 3294. Conforming amendments.
Sec. 3295. Transition provisions.
Sec. 3296. Applicability of preexisting laws and regulations.
Sec. 3297. Report containing implementation plan of Secretary of Energy.
Sec. 3298. Classification in United States Code.
Sec. 3299. Effective dates.
SEC. 3201. SHORT TITLE.
This title may be cited as the ``National Nuclear Security
Administration Act''.
SEC. 3202. UNDER SECRETARY FOR NUCLEAR SECURITY OF DEPARTMENT OF
ENERGY.
Section 202 of the Department of Energy Organization Act
(42 U.S.C. 7132) is amended by adding at the end the following
new subsection:
``(c)(1) There shall be in the Department an Under
Secretary for Nuclear Security, who shall be appointed by the
President, by and with the advice and consent of the Senate.
The Under Secretary shall be compensated at the rate provided
for at level III of the Executive Schedule under section 5314
of title 5, United States Code.
``(2) The Under Secretary for Nuclear Security shall be
appointed from among persons who--
``(A) have extensive background in national
security, organizational management, and appropriate
technical fields; and
``(B) are well qualified to manage the nuclear
weapons, nonproliferation, and materials disposition
programs of the National Nuclear Security
Administration in a manner that advances and protects
the national security of the United States.
``(3) The Under Secretary for Nuclear Security shall serve
as the Administrator for Nuclear Security under section 3212 of
the National Nuclear Security Administration Act. In carrying
out the functions of the Administrator, the Under Secretary
shall be subject to the authority, direction, and control of
the Secretary. Such authority, direction, and control may be
delegated only to the Deputy Secretary of Energy, without
redelegation.''.
SEC. 3203. ESTABLISHMENT OF POLICY FOR NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
(a) Establishment of Policy for Administration.--The
Department of Energy Organization Act is amended by adding at
the end of title II (42 U.S.C. 7131 et seq.) the following new
section:
``establishment of policy for national nuclear security administration
``Sec. 213. (a) The Secretary shall be responsible for
establishing policy for the National Nuclear Security
Administration.
``(b) The Secretary may direct officials of the Department
who are not within the National Nuclear Security Administration
to review the programs and activities of the Administration and
to make recommendations to the Secretary regarding
administration of those programs and activities, including
consistency with other similar programs and activities of the
Department.
``(c) The Secretary shall have adequate staff to support
the Secretary in carrying out the Secretary's responsibilities
under this section.''.
(b) Clerical Amendment.--The table of contents at the
beginning of the Department of Energy Organization Act is
amended by inserting after the item relating to section 212 the
following new item:
``213. Establishment of policy for National Nuclear Security
Administration.''.
SEC. 3204. ORGANIZATION OF DEPARTMENT OF ENERGY COUNTERINTELLIGENCE AND
INTELLIGENCE PROGRAMS AND ACTIVITIES.
(a) Establishment of Offices.--The Department of Energy
Organization Act (42 U.S.C. 7101 et seq.) is amended by
inserting after section 213, as added by section 3203(a), the
following new sections:
``establishment of security, counterintelligence, and intelligence
policies
``Sec. 214. The Secretary shall be responsible for
developing and promulgating the security, counterintelligence,
and intelligence policies of the Department. The Secretary may
use the immediate staff of the Secretary to assist in
developing and promulgating those policies.
``office of counterintelligence
``Sec. 215. (a) There is within the Department an Office of
Counterintelligence.
``(b)(1) The head of the Office shall be the Director of
the Office of Counterintelligence, which shall be a position in
the Senior Executive Service. The Director of the Office shall
report directly to the Secretary.
``(2) The Secretary shall select the Director of the Office
from among individuals who have substantial expertise in
matters relating to counterintelligence.
``(3) The Director of the Federal Bureau of Investigation
may detail, on a reimbursable basis, any employee of the Bureau
to the Department for service as Director of the Office. The
service of an employee of the Bureau as Director of the Office
shall not result in any loss of status, right, or privilege by
the employee within the Bureau.
``(c)(1) The Director of the Office shall be responsible
for establishing policy for counterintelligence programs and
activities at Department facilities in order to reduce the
threat of disclosure or loss of classified and other sensitive
information at such facilities.
``(2) The Director of the Office shall be responsible for
establishing policy for the personnel assurance programs of the
Department.
``(3) The Director shall inform the Secretary, the Director
of Central Intelligence, and the Director of the Federal Bureau
of Investigation on a regular basis, and upon specific request
by any such official, regarding the status and effectiveness of
the counterintelligence programs and activities at Department
facilities.
``(d)(1) Not later than March 1 each year, the Director of
the Office shall submit a report on the status and
effectiveness of the counterintelligence programs and
activities at each Department facility during the preceding
year. Each such report shall be submitted to the following:
``(A) The Secretary.
``(B) The Director of Central Intelligence.
``(C) The Director of the Federal Bureau of
Investigation.
``(D) The Committee on Armed Services and the
Permanent Select Committee on Intelligence of the House
of Representatives.
``(E) The Committee on Armed Services and the
Select Committee on Intelligence of the Senate.
``(2) Each such report shall include for the year covered
by the report the following:
``(A) A description of the status and effectiveness
of the counterintelligence programs and activities at
Department facilities.
``(B) A description of any violation of law or
other requirement relating to intelligence,
counterintelligence, or security at such facilities,
including--
``(i) the number of violations that were
investigated; and
``(ii) the number of violations that remain
unresolved.
``(C) A description of the number of foreign
visitors to Department facilities, including the
locations of the visits of such visitors.
``(D) The adequacy of the Department's procedures
and policies for protecting national security
information, making such recommendations to Congress as
may be appropriate.
``(E) A determination of whether each Department of
Energy national laboratory is in full compliance with
all departmental security requirements and, in the case
of any such laboratory that is not, what measures are
being taken to bring that laboratory into compliance.
``(3) Not less than 30 days before the date that the report
required by paragraph (1) is submitted, the director of each
Department of Energy national laboratory shall certify in
writing to the Director of the Office whether that laboratory
is in full compliance with all departmental security
requirements and, if not, what measures are being taken to
bring that laboratory into compliance and a schedule for
implementing those measures.
``(4) Each report under this subsection as submitted to the
committees referred to in subparagraphs (D) and (E) of
paragraph (1) shall be submitted in unclassified form, but may
include a classified annex.
``office of intelligence
``Sec. 216. (a) There is within the Department an Office of
Intelligence.
``(b)(1) The head of the Office shall be the Director of
the Office of Intelligence, which shall be a position in the
Senior Executive Service. The Director of the Office shall
report directly to the Secretary.
``(2) The Secretary shall select the Director of the Office
from among individuals who have substantial expertise in
matters relating to foreign intelligence.
``(c) Subject to the authority, direction, and control of
the Secretary, the Director of the Office shall perform such
duties and exercise such powers as the Secretary may
prescribe.''.
(b) Clerical Amendment.--The table of contents at the
beginning of the Department of Energy Organization Act is
amended by inserting after the item relating to section 213, as
added by section 3203(b), the following new items:
``214. Establishment of security, counterintelligence, and intelligence
policies.
``215. Office of Counterintelligence.
``216. Office of Intelligence.''.
Subtitle A--Establishment and Organization
SEC. 3211. ESTABLISHMENT AND MISSION.
(a) Establishment.--There is established within the
Department of Energy a separately organized agency to be known
as the National Nuclear Security Administration (in this title
referred to as the ``Administration'').
(b) Mission.--The mission of the Administration shall be
the following:
(1) To enhance United States national security
through the military application of nuclear energy.
(2) To maintain and enhance the safety,
reliability, and performance of the United States
nuclear weapons stockpile, including the ability to
design, produce, and test, in order to meet national
security requirements.
(3) To provide the United States Navy with safe,
militarily effective nuclear propulsion plants and to
ensure the safe and reliable operation of those plants.
(4) To promote international nuclear safety and
nonproliferation.
(5) To reduce global danger from weapons of mass
destruction.
(6) To support United States leadership in science
and technology.
(c) Operations and Activities To Be Carried Out Consistent
With Certain Principles.--In carrying out the mission of the
Administration, the Administrator shall ensure that all
operations and activities of the Administration are consistent
with the principles of protecting the environment and
safeguarding the safety and health of the public and of the
workforce of the Administration.
SEC. 3212. ADMINISTRATOR FOR NUCLEAR SECURITY.
(a) In General.--(1) There is at the head of the
Administration an Administrator for Nuclear Security (in this
title referred to as the ``Administrator'').
(2) Pursuant to subsection (c) of section 202 of the
Department of Energy Organization Act (42 U.S.C. 7132), as
added by section 3202 of this Act, the Under Secretary for
Nuclear Security of the Department of Energy serves as the
Administrator.
(b) Functions.--The Administrator has authority over, and
is responsible for, all programs and activities of the
Administration (except for the functions of the Deputy
Administrator for Naval Reactors specified in the Executive
order referred to in section 3216(b)), including the following:
(1) Strategic management.
(2) Policy development and guidance.
(3) Budget formulation, guidance, and execution,
and other financial matters.
(4) Resource requirements determination and
allocation.
(5) Program management and direction.
(6) Safeguards and security.
(7) Emergency management.
(8) Integrated safety management.
(9) Environment, safety, and health operations.
(10) Administration of contracts, including the
management and operations of the nuclear weapons
production facilities and the national security
laboratories.
(11) Intelligence.
(12) Counterintelligence.
(13) Personnel, including the selection,
appointment, distribution, supervision, establishing of
compensation, and separation of personnel in accordance
with subtitle C of this title.
(14) Procurement of services of experts and
consultants in accordance with section 3109 of title 5,
United States Code.
(15) Legal matters.
(16) Legislative affairs.
(17) Public affairs.
(18) Liaison with other elements of the Department
of Energy and with other Federal agencies, State,
tribal, and local governments, and the public.
(c) Procurement Authority.--The Administrator is the senior
procurement executive for the Administration for the purposes
of section 16(3) of the Office of Federal Procurement Policy
Act (41 U.S.C. 414(3)).
(d) Policy Authority.--The Administrator may establish
Administration-specific policies, unless disapproved by the
Secretary of Energy.
SEC. 3213. STATUS OF ADMINISTRATION AND CONTRACTOR PERSONNEL WITHIN
DEPARTMENT OF ENERGY.
(a) Status of Administration Personnel.--Each officer or
employee of the Administration, in carrying out any function of
the Administration--
(1) shall be responsible to and subject to the
authority, direction, and control of--
(A) the Secretary acting through the
Administrator and consistent with section
202(c)(3) of the Department of Energy
Organization Act;
(B) the Administrator; or
(C) the Administrator's designee within the
Administration; and
(2) shall not be responsible to, or subject to the
authority, direction, or control of, any other officer,
employee, or agent of the Department of Energy.
(b) Status of Contractor Personnel.--Each officer or
employee of a contractor of the Administration, in carrying out
any function of the Administration, shall not be responsible
to, or subject to the authority, direction, or control of, any
officer, employee, or agent of the Department of Energy who is
not an employee of the Administration, except for the Secretary
of Energy consistent with section 202(c)(3) of the Department
of Energy Organization Act.
(c) Construction of Section.--Subsections (a) and (b) may
not be interpreted to in any way preclude or interfere with the
communication of technical findings derived from, and in accord
with, duly authorized activities between (1) the head, or any
contractor employee, of a national security laboratory or of a
nuclear weapons production facility, and (2) the Department of
Energy, the President, or Congress.
SEC. 3214. DEPUTY ADMINISTRATOR FOR DEFENSE PROGRAMS.
(a) In General.--There is in the Administration a Deputy
Administrator for Defense Programs, who is appointed by the
President, by and with the advice and consent of the Senate.
(b) Duties.--Subject to the authority, direction, and
control of the Administrator, the Deputy Administrator for
Defense Programs shall perform such duties and exercise such
powers as the Administrator may prescribe, including the
following:
(1) Maintaining and enhancing the safety,
reliability, and performance of the United States
nuclear weapons stockpile, including the ability to
design, produce, and test, in order to meet national
security requirements.
(2) Directing, managing, and overseeing the nuclear
weapons production facilities and the national security
laboratories.
(3) Directing, managing, and overseeing assets to
respond to incidents involving nuclear weapons and
materials.
(c) Relationship to Laboratories and Facilities.--The head
of each national security laboratory and nuclear weapons
production facility shall, consistent with applicable
contractual obligations, report to the Deputy Administrator for
Defense Programs.
SEC. 3215. DEPUTY ADMINISTRATOR FOR DEFENSE NUCLEAR NONPROLIFERATION.
(a) In General.--There is in the Administration a Deputy
Administrator for Defense Nuclear Nonproliferation, who is
appointed by the President, by and with the advice and consent
of the Senate.
(b) Duties.--Subject to the authority, direction, and
control of the Administrator, the Deputy Administrator for
Defense Nuclear Nonproliferation shall perform such duties and
exercise such powers as the Administrator may prescribe,
including the following:
(1) Preventing the spread of materials, technology,
and expertise relating to weapons of mass destruction.
(2) Detecting the proliferation of weapons of mass
destruction worldwide.
(3) Eliminating inventories of surplus fissile
materials usable for nuclear weapons.
(4) Providing for international nuclear safety.
SEC. 3216. DEPUTY ADMINISTRATOR FOR NAVAL REACTORS.
(a) In General.--(1) There is in the Administration a
Deputy Administrator for Naval Reactors. The director of the
Naval Nuclear Propulsion Program provided for under the Naval
Nuclear Propulsion Executive Order shall serve as the Deputy
Administrator for Naval Reactors.
(2) Within the Department of Energy, the Deputy
Administrator shall report to the Secretary of Energy through
the Administrator and shall have direct access to the Secretary
and other senior officials in the Department.
(b) Duties.--The Deputy Administrator shall be assigned the
responsibilities, authorities, and accountability for all
functions of the Office of Naval Reactors under the Naval
Nuclear Propulsion Executive Order.
(c) Effect on Executive Order.--Except as otherwise
specified in this section and notwithstanding any other
provision of this title, the provisions of the Naval Nuclear
Propulsion Executive Order remain in full force and effect
until changed by law.
(d) Naval Nuclear Propulsion Executive Order.--As used in
this section, the Naval Nuclear Propulsion Executive Order is
Executive Order Number 12344, dated February 1, 1982 (42 U.S.C.
7158 note) (as in force pursuant to section 1634 of the
Department of Defense Authorization Act, 1985 (Public Law 98-
525; 42 U.S.C. 7158 note)).
SEC. 3217. GENERAL COUNSEL.
There is a General Counsel of the Administration. The
General Counsel is the chief legal officer of the
Administration.
SEC. 3218. STAFF OF ADMINISTRATION.
(a) In General.--The Administrator shall maintain within
the Administration sufficient staff to assist the Administrator
in carrying out the duties and responsibilities of the
Administrator.
(b) Responsibilities.--The staff of the Administration
shall perform, in accordance with applicable law, such of the
functions of the Administrator as the Administrator shall
prescribe. The Administrator shall assign to the staff
responsibility for the following functions:
(1) Personnel.
(2) Legislative affairs.
(3) Public affairs.
(4) Liaison with other elements of the Department
of Energy and with other Federal agencies, State,
tribal, and local governments, and the public.
Subtitle B--Matters Relating to Security
SEC. 3231. PROTECTION OF NATIONAL SECURITY INFORMATION.
(a) Policies and Procedures Required.--The Administrator
shall establish procedures to ensure the maximum protection of
classified information in the possession of the Administration.
(b) Prompt Reporting.--The Administrator shall establish
procedures to ensure prompt reporting to the Administrator of
any significant problem, abuse, violation of law or Executive
order, or deficiency relating to the management of classified
information by personnel of the Administration.
SEC. 3232. OFFICE OF DEFENSE NUCLEAR COUNTERINTELLIGENCE AND OFFICE OF
DEFENSE NUCLEAR SECURITY.
(a) Establishment.--(1) There are within the
Administration--
(A) an Office of Defense Nuclear
Counterintelligence; and
(B) an Office of Defense Nuclear Security.
(2) Each office established under paragraph (1) shall be
headed by a Chief appointed by the Secretary of Energy. The
Administrator shall recommend to the Secretary suitable
candidates for each such position.
(b) Chief of Defense Nuclear Counterintelligence.--(1) The
head of the Office of Defense Nuclear Counterintelligence is
the Chief of Defense Nuclear Counterintelligence, who shall
report to the Administrator and shall implement the
counterintelligence policies directed by the Secretary and
Administrator.
(2) The Secretary shall appoint the Chief, in consultation
with the Director of the Federal Bureau of Investigation, from
among individuals who have special expertise in
counterintelligence. If an individual to serve as the Chief of
Defense Nuclear Counterintelligence is a Federal employee of an
entity other than the Administration, the service of that
employee as Chief shall not result in any loss of employment
status, right, or privilege by that employee.
(3) The Chief shall have direct access to the Secretary and
all other officials of the Department and the contractors of
the Department concerning counterintelligence matters.
(4) The Chief shall be responsible for--
(A) the development and implementation of the
counterintelligence programs of the Administration to
prevent the disclosure or loss of classified or other
sensitive information; and
(B) the development and administration of personnel
assurance programs within the Administration.
(c) Chief of Defense Nuclear Security.--(1) The head of the
Office of Defense Nuclear Security is the Chief of Defense
Nuclear Security, who shall report to the Administrator and
shall implement the security policies directed by the Secretary
and Administrator.
(2) The Chief shall have direct access to the Secretary and
all other officials of the Department and the contractors of
the Department concerning security matters.
(3) The Chief shall be responsible for the development and
implementation of security programs for the Administration,
including the protection, control and accounting of materials,
and for the physical and cyber security for all facilities of
the Administration.
SEC. 3233. COUNTERINTELLIGENCE PROGRAMS.
(a) National Security Laboratories and Nuclear Weapons
Production Facilities.--The Administrator shall, at each
national security laboratory and nuclear weapons production
facility, establish and maintain a counterintelligence program
adequate to protect national security information at that
laboratory or production facility.
(b) Other Facilities.--The Administrator shall, at each
Administration facility not described in subsection (a) at
which Restricted Data is located, assign an employee of the
Office of Defense Nuclear Counterintelligence who shall be
responsible for and assess counterintelligence matters at that
facility.
SEC. 3234. PROCEDURES RELATING TO ACCESS BY INDIVIDUALS TO CLASSIFIED
AREAS AND INFORMATION OF ADMINISTRATION.
The Administrator shall establish appropriate procedures to
ensure that any individual is not permitted unescorted access
to any classified area, or access to classified information, of
the Administration until that individual has been verified to
hold the appropriate security clearances.
SEC. 3235. GOVERNMENT ACCESS TO INFORMATION ON ADMINISTRATION
COMPUTERS.
(a) Procedures Required.--The Administrator shall establish
procedures to govern access to information on Administration
computers. Those procedures shall, at a minimum, provide that
any individual who has access to information on an
Administration computer shall be required as a condition of
such access to provide to the Administrator written consent
which permits access by an authorized investigative agency to
any Administration computer used in the performance of the
duties of such employee during the period of that individual's
access to information on an Administration computer and for a
period of three years thereafter.
(b) Expectation of Privacy in Administration Computers.--
Notwithstanding any other provision of law (including any
provision of law enacted by the Electronic Communications
Privacy Act of 1986), no user of an Administration computer
shall have any expectation of privacy in the use of that
computer.
(c) Definition.--For purposes of this section, the term
``authorized investigative agency'' means an agency authorized
by law or regulation to conduct a counterintelligence
investigation or investigations of persons who are proposed for
access to classified information to ascertain whether such
persons satisfy the criteria for obtaining and retaining access
to such information.
SEC. 3236. CONGRESSIONAL OVERSIGHT OF SPECIAL ACCESS PROGRAMS.
(a) Annual Report on Special Access Programs.--(1) Not
later than February 1 of each year, the Administrator shall
submit to the congressional defense committees a report on
special access programs of the Administration.
(2) Each such report shall set forth--
(A) the total amount requested for such programs in
the President's budget for the next fiscal year
submitted under section 1105 of title 31, United States
Code; and
(B) for each such program in that budget, the
following:
(i) A brief description of the program.
(ii) A brief discussion of the major
milestones established for the program.
(iii) The actual cost of the program for
each fiscal year during which the program has
been conducted before the fiscal year during
which that budget is submitted.
(iv) The estimated total cost of the
program and the estimated cost of the program
for (I) the current fiscal year, (II) the
fiscal year for which the budget is submitted,
and (III) each of the four succeeding fiscal
years during which the program is expected to
be conducted.
(b) Annual Report on New Special Access Programs.--(1) Not
later than February 1 of each year, the Administrator shall
submit to the congressional defense committees a report that,
with respect to each new special access program, provides--
(A) notice of the designation of the program as a
special access program; and
(B) justification for such designation.
(2) A report under paragraph (1) with respect to a program
shall include--
(A) the current estimate of the total program cost
for the program; and
(B) an identification of existing programs or
technologies that are similar to the technology, or
that have a mission similar to the mission, of the
program that is the subject of the notice.
(3) In this subsection, the term ``new special access
program'' means a special access program that has not
previously been covered in a notice and justification under
this subsection.
(c) Reports on Changes in Classification of Special Access
Programs.--(1) Whenever a change in the classification of a
special access program of the Administration is planned to be
made or whenever classified information concerning a special
access program of the Administration is to be declassified and
made public, the Administrator shall submit to the
congressional defense committees a report containing a
description of the proposed change, the reasons for the
proposed change, and notice of any public announcement planned
to be made with respect to the proposed change.
(2) Except as provided in paragraph (3), any report
referred to in paragraph (1) shall be submitted not less than
14 days before the date on which the proposed change or public
announcement is to occur.
(3) If the Administrator determines that because of
exceptional circumstances the requirement of paragraph (2)
cannot be met with respect to a proposed change or public
announcement concerning a special access program of the
Administration, the Administrator may submit the report
required by paragraph (1) regarding the proposed change or
public announcement at any time before the proposed change or
public announcement is made and shall include in the report an
explanation of the exceptional circumstances.
(d) Notice of Change in SAP Designation Criteria.--Whenever
there is a modification or termination of the policy and
criteria used for designating a program of the Administration
as a special access program, the Administrator shall promptly
notify the congressional defense committees of such
modification or termination. Any such notification shall
contain the reasons for the modification or termination and, in
the case of a modification, the provisions of the policy as
modified.
(e) Waiver Authority.--(1) The Administrator may waive any
requirement under subsection (a), (b), or (c) that certain
information be included in a report under that subsection if
the Administrator determines that inclusion of that information
in the report would adversely affect the national security. The
Administrator may waive the report-and-wait requirement in
subsection (f) if the Administrator determines that compliance
with such requirement would adversely affect the national
security. Any waiver under this paragraph shall be made on a
case-by-case basis.
(2) If the Administrator exercises the authority provided
under paragraph (1), the Administrator shall provide the
information described in that subsection with respect to the
special access program concerned, and the justification for the
waiver, jointly to the chairman and ranking minority member of
each of the congressional defense committees.
(f) Report and Wait for Initiating New Programs.--A special
access program may not be initiated until--
(1) the congressional defense committees are
notified of the program; and
(2) a period of 30 days elapses after such
notification is received.
Subtitle C--Matters Relating to Personnel
SEC. 3241. AUTHORITY TO ESTABLISH CERTAIN SCIENTIFIC, ENGINEERING, AND
TECHNICAL POSITIONS.
The Administrator may, for the purposes of carrying out the
responsibilities of the Administrator under this title,
establish not more than 300 scientific, engineering, and
technical positions in the Administration, appoint individuals
to such positions, and fix the compensation of such
individuals. Subject to the limitations in the preceding
sentence, the authority of the Administrator to make
appointments and fix compensation with respect to positions in
the Administration under this section shall be equivalent to,
and subject to the limitations of, the authority under section
161 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(d)) to
make appointments and fix compensation with respect to officers
and employees described in such section.
SEC. 3242. VOLUNTARY EARLY RETIREMENT AUTHORITY.
(a) Authority.--An employee of the Department of Energy who
is separated from the service under conditions described in
subsection (b) after completing 25 years of service or after
becoming 50 years of age and completing 20 years of service is
entitled to an annuity in accordance with the provisions in
chapter 83 or 84 of title 5, United States Code, as applicable.
(b) Conditions of Separation.--Subsection (a) applies to an
employee who--
(1) has been employed continuously by the
Department of Energy for more than 30 days before the
date on which the Secretary of Energy makes the
determination required under paragraph (4)(A);
(2) is serving under an appointment that is not
limited by time;
(3) has not received a decision notice of
involuntary separation for misconduct or unacceptable
performance that is pending decision; and
(4) is separated from the service voluntarily
during a period with respect to which--
(A) the Secretary of Energy determines that
the Department of Energy is undergoing a major
reorganization as a result of the establishment
of the National Nuclear Security
Administration; and
(B) the employee is within the scope of an
offer of voluntary early retirement (as defined
by organizational unit, occupational series or
level, geographical location, any other similar
factor that the Office of Personnel Management
determines appropriate, or any combination of
such definitions of scope), as determined by
the Secretary under regulations prescribed by
the Office.
(c) Treatment of Employees.--For purposes of chapters 83
and 84 of title 5, United States Code (including for purposes
of computation of an annuity under such chapters), an employee
entitled to an annuity under this section shall be treated as
an employee entitled to an annuity under section 8336(d) or
8414(b) of such title, as applicable.
(d) Definitions.--As used in this section, the terms
``employee'' and ``annuity''--
(1) with respect to individuals covered by the
Civil Service Retirement System established in
subchapter III of chapter 83 of title 5, United States
Code, have the meaning of such terms as used in such
chapter; and
(2) with respect to individuals covered by the
Federal Employees Retirement System established in
chapter 84 of such title, have the meaning of such
terms as used in such chapter.
(e) Limitation and Termination of Authority.--The authority
provided in subsection (a)--
(1) may be applied with respect to a total of not
more than 600 employees of the Department of Energy;
and
(2) shall expire on September 30, 2003.
SEC. 3243. SEVERANCE PAY.
Section 5595 of title 5, United States Code, is amended by
adding at the end the following new subsection:
``(j)(1) In the case of an employee of the Department of
Energy who is entitled to severance pay under this section as a
result of the establishment of the National Nuclear Security
Administration, the Secretary of Energy may, upon application
by the employee, pay the total amount of the severance pay to
the employee in one lump sum.
``(2)(A) If an employee paid severance pay in a lump sum
under this subsection is reemployed by the Government of the
United States or the government of the District of Columbia at
such time that, had the employee been paid severance pay in
regular pay periods under subsection (b), the payments of such
pay would have been discontinued under subsection (d) upon such
reemployment, the employee shall repay to the Department of
Energy an amount equal to the amount of severance pay to which
the employee was entitled under this section that would not
have been paid to the employee under subsection (d) by reason
of such reemployment.
``(B) The period of service represented by an amount of
severance pay repaid by an employee under subparagraph (A)
shall be considered service for which severance pay has not
been received by the employee under this section.
``(C) Amounts repaid to the Department of Energy under this
paragraph shall be credited to the appropriation available for
the pay of employees of the agency for the fiscal year in which
received. Amounts so credited shall be merged with, and shall
be available for the same purposes and the same period as, the
other funds in that appropriation.
``(3) If an employee fails to repay to the Department of
Energy an amount required to be repaid under paragraph (2)(A),
that amount is recoverable from the employee as a debt due the
United States.''.
SEC. 3244. CONTINUED COVERAGE OF HEALTH CARE BENEFITS.
Section 8905a(d)(4)(A) of title 5, United States Code, is
amended by inserting ``, or the Department of Energy due to a
reduction in force resulting from the establishment of the
National Nuclear Security Administration'' after ``reduction in
force''.
Subtitle D--Budget and Financial Management
SEC. 3251. SEPARATE TREATMENT IN BUDGET.
(a) President's Budget.--In each budget submitted by the
President to the Congress under section 1105 of title 31,
United States Code, amounts requested for the Administration
shall be set forth separately within the other amounts
requested for the Department of Energy.
(b) Budget Justification Materials.--In the budget
justification materials submitted to Congress in support of
each such budget, the amounts requested for the Administration
shall be specified in individual, dedicated program elements.
SEC. 3252. PLANNING, PROGRAMMING, AND BUDGETING PROCESS.
The Administrator shall establish procedures to ensure that
the planning, programming, budgeting, and financial activities
of the Administration comport with sound financial and fiscal
management principles. Those procedures shall, at a minimum,
provide for the planning, programming, and budgeting of
activities of the Administration using funds that are available
for obligation for a limited number of years.
SEC. 3253. FUTURE-YEARS NUCLEAR SECURITY PROGRAM.
(a) Submission to Congress.--The Administrator shall submit
to Congress each year, at or about the time that the
President's budget is submitted to Congress that year under
section 1105(a) of title 31, United States Code, a future-years
nuclear security program (including associated annexes)
reflecting the estimated expenditures and proposed
appropriations included in that budget. Any such future-years
nuclear security program shall cover the fiscal year with
respect to which the budget is submitted and at least the four
succeeding fiscal years.
(b) Elements.--Each future-years nuclear security program
shall contain the following:
(1) The estimated expenditures and proposed
appropriations necessary to support the programs,
projects, and activities of the Administration during
the five-fiscal year period covered by the program,
expressed in a level of detail comparable to that
contained in the budget submitted by the President to
Congress under section 1105 of title 31, United States
Code.
(2) A description of the anticipated workload
requirements for each Administration site during that
five-fiscal year period.
(c) Effect of Budget on Stockpile.--The Administrator shall
include in the materials the Administrator submits to Congress
in support of the budget for any fiscal year that is submitted
by the President pursuant to section 1105 of title 31, United
States Code, a description of how the funds identified for each
program element in the weapons activities budget of the
Administration for such fiscal year will help ensure that the
nuclear weapons stockpile is safe and reliable as determined in
accordance with the criteria established under 3158 of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261; 112 Stat. 2257; 42 U.S.C. 2121
note).
(d) Consistency in Budgeting.--(1) The Administrator shall
ensure that amounts described in subparagraph (A) of paragraph
(2) for any fiscal year are consistent with amounts described
in subparagraph (B) of paragraph (2) for that fiscal year.
(2) Amounts referred to in paragraph (1) are the following:
(A) The amounts specified in program and budget
information submitted to Congress by the Administrator
in support of expenditure estimates and proposed
appropriations in the budget submitted to Congress by
the President under section 1105(a) of title 31, United
States Code, for any fiscal year, as shown in the
future-years nuclear security program submitted
pursuant to subsection (a).
(B) The total amounts of estimated expenditures and
proposed appropriations necessary to support the
programs, projects, and activities of the
Administration included pursuant to paragraph (5) of
section 1105(a) of such title in the budget submitted
to Congress under that section for any fiscal year.
(e) Treatment of Management Contingencies.--Nothing in this
section shall be construed to prohibit the inclusion in the
future-years nuclear security program of amounts for management
contingencies, subject to the requirements of subsection (d).
Subtitle E--Miscellaneous Provisions
SEC. 3261. ENVIRONMENTAL PROTECTION, SAFETY, AND HEALTH REQUIREMENTS.
(a) Compliance Required.--The Administrator shall ensure
that the Administration complies with all applicable
environmental, safety, and health statutes and substantive
requirements.
(b) Procedures Required.--The Administrator shall develop
procedures for meeting such requirements.
(c) Rule of Construction.--Nothing in this title shall
diminish the authority of the Secretary of Energy to ascertain
and ensure that such compliance occurs.
SEC. 3262. COMPLIANCE WITH FEDERAL ACQUISITION REGULATION.
The Administrator shall establish procedures to ensure that
the mission and programs of the Administration are executed in
full compliance with all applicable provisions of the Federal
Acquisition Regulation issued pursuant to the Office of Federal
Procurement Policy Act (41 U.S.C. 401 et seq.).
SEC. 3263. SHARING OF TECHNOLOGY WITH DEPARTMENT OF DEFENSE.
The Administrator shall, in cooperation with the Secretary
of Defense, establish procedures and programs to provide for
the sharing of technology, technical capability, and expertise
between the Administration and the Department of Defense to
further national security objectives.
SEC. 3264. USE OF CAPABILITIES OF NATIONAL SECURITY LABORATORIES BY
ENTITIES OUTSIDE ADMINISTRATION.
The Secretary, in consultation with the Administrator,
shall establish appropriate procedures to provide for the use,
in a manner consistent with the national security mission of
the Administration under section 3211(b), of the capabilities
of the national security laboratories by elements of the
Department of Energy not within the Administration, other
Federal agencies, and other appropriate entities, including the
use of those capabilities to support efforts to defend against
weapons of mass destruction.
Subtitle F--Definitions
SEC. 3281. DEFINITIONS.
For purposes of this title:
(1) The term ``national security laboratory'' means
any of the following:
(A) Los Alamos National Laboratory, Los
Alamos, New Mexico.
(B) Sandia National Laboratories,
Albuquerque, New Mexico, and Livermore,
California.
(C) Lawrence Livermore National Laboratory,
Livermore, California.
(2) The term ``nuclear weapons production
facility'' means any of the following:
(A) The Kansas City Plant, Kansas City,
Missouri.
(B) The Pantex Plant, Amarillo, Texas.
(C) The Y-12 Plant, Oak Ridge, Tennessee.
(D) The tritium operations facilities at
the Savannah River Site, Aiken, South Carolina.
(E) The Nevada Test Site, Nevada.
(F) Any facility of the Department of
Energy that the Secretary of Energy, in
consultation with the Administrator and the
Congress, determines to be consistent with the
mission of the Administration.
(3) The term ``classified information'' means any
information that has been determined pursuant to
Executive Order No. 12333 of December 4, 1981 (50
U.S.C. 401 note), Executive Order No. 12958 of April
17, 1995 (50 U.S.C. 435 note), or successor orders, to
require protection against unauthorized disclosure and
that is so designated.
(4) The term ``Restricted Data'' has the meaning
given such term in section 11 y. of the Atomic Energy
Act of 1954 (42 U.S.C. 2014(y)).
(5) The term ``congressional defense committees''
means--
(A) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services and the
Committee on Appropriations of the House of
Representatives.
Subtitle G--Amendatory Provisions, Transition Provisions, and Effective
Dates
SEC. 3291. FUNCTIONS TRANSFERRED.
(a) Transfers.--There are hereby transferred to the
Administrator all national security functions and activities
performed immediately before the date of the enactment of this
Act by the following elements of the Department of Energy:
(1) The Office of Defense Programs.
(2) The Office of Nonproliferation and National
Security.
(3) The Office of Fissile Materials Disposition.
(4) The nuclear weapons production facilities.
(5) The national security laboratories.
(6) The Office of Naval Reactors.
(b) Authority To Transfer Additional Functions.--The
Secretary of Energy may transfer to the Administrator any other
facility, mission, or function that the Secretary, in
consultation with the Administrator and Congress, determines to
be consistent with the mission of the Administration.
(c) Environmental Remediation and Waste Management
Activities.--In the case of any environmental remediation and
waste management activity of any element specified in
subsection (a), the Secretary of Energy may determine to
transfer responsibility for that activity to another element of
the Department.
SEC. 3292. TRANSFER OF FUNDS AND EMPLOYEES.
(a) Transfer of Funds.--(1) Any balance of appropriations
that the Secretary of Energy determines is available and needed
to finance or discharge a function, power, or duty or an
activity that is transferred to the Administration shall be
transferred to the Administration and used for any purpose for
which those appropriations were originally available. Balances
of appropriations so transferred shall--
(A) be credited to any applicable appropriation
account of the Administration; or
(B) be credited to a new account that may be
established on the books of the Department of the
Treasury;
and shall be merged with the funds already credited to that
account and accounted for as one fund.
(2) Balances of appropriations credited to an account under
paragraph (1)(A) are subject only to such limitations as are
specifically applicable to that account. Balances of
appropriations credited to an account under paragraph (1)(B)
are subject only to such limitations as are applicable to the
appropriations from which they are transferred.
(b) Personnel.--(1) With respect to any function, power, or
duty or activity of the Department of Energy that is
transferred to the Administration, those employees of the
element of the Department of Energy from which the transfer is
made that the Secretary of Energy determines are needed to
perform that function, power, or duty, or for that activity, as
the case may be, shall be transferred to the Administration.
(2) The authorized strength in civilian employees of any
element of the Department of Energy from which employees are
transferred under this section is reduced by the number of
employees so transferred.
SEC. 3293. PAY LEVELS.
(a) Under Secretary for Nuclear Security.--Section 5314 of
title 5, United States Code, is amended by striking ``Under
Secretary, Department of Energy'' and inserting ``Under
Secretaries of Energy (2)''.
(b) Deputy Administrators.--Section 5315 of such title is
amended by adding at the end the following new item:
``Deputy Administrators of the National Nuclear
Security Administration (3), but if the Deputy
Administrator for Naval Reactors is an officer of the
Navy on active duty, (2).''.
SEC. 3294. CONFORMING AMENDMENTS.
(a) Reduction in Number of Assistant Secretaries of
Energy.--(1) Section 5315 of title 5, United States Code, is
amended by striking ``(8)'' after ``Assistant Secretaries of
Energy'' and inserting ``(6)''.
(2) Subsection (a) of section 203 of the Department of
Energy Organization Act (42 U.S.C. 7133) is amended in the
first sentence by striking ``eight'' and inserting ``six''.
(b) Functions Required To Be Assigned to Assistant
Secretaries of Energy.--Subsection (a) of section 203 of the
Department of Energy Organization Act (42 U.S.C. 7133) is
amended by striking paragraph (5).
(c) Office of Naval Reactors.--Section 309 of the
Department of Energy Organization Act (42 U.S.C. 7158) is
amended--
(1) by striking subsection (b);
(2) by striking ``(a)''; and
(3) by striking ``Assistant Secretary to whom the
Secretary has assigned the function listed in section
203(a)(2)(E)'' and inserting ``Under Secretary for
Nuclear Security''.
(d) Office of Fissile Materials Disposition.--(1) Section
212 of the Department of Energy Organization Act (42 U.S.C.
7143) is repealed.
(2) The table of contents at the beginning of such Act is
amended by striking the item relating to section 212.
(e) Repeal of Restated Provision Relating to DOE Special
Access Programs; Conforming Amendment.--(1)(A) Section 93 of
the Atomic Energy Act of 1954 (42 U.S.C. 2122a) is repealed.
(B) The table of contents at the beginning of such Act is
amended by striking the item relating to section 93.
(2) Clause (ii) of section 1152(g)(1)(B) of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 50 U.S.C. 435 note) is amended to read as follows:
``(ii) the National Nuclear Security
Administration (which is required to submit
reports on special access programs under
section 3237 of the National Nuclear Security
Administration Act); or''.
(f) Repeal of Five-Year Budget Requirement for DOE National
Security Programs.--Section 3155 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
Stat. 2841; 42 U.S.C. 7271b) is repealed.
SEC. 3295. TRANSITION PROVISIONS.
(a) Compliance With Financial Principles.--(1) The Under
Secretary of Energy for Nuclear Security shall ensure that the
compliance with sound financial and fiscal management
principles specified in section 3252 is achieved not later than
October 1, 2000.
(2) In carrying out paragraph (1), the Under Secretary of
Energy for Nuclear Security shall conduct a review and develop
a plan to bring applicable activities of the Administration
into full compliance with those principles not later than such
date.
(3) Not later than January 1, 2000, the Under Secretary of
Energy for Nuclear Security shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report containing the results of that review and a description
of that plan.
(b) Initial Report for Future-Years Nuclear Security
Program.--The first report under section 3253 shall be
submitted in conjunction with the budget submitted for fiscal
year 2001.
(c) Procedures for Computer Access.--The regulations to
implement the procedures under section 3235 shall be prescribed
not later than 90 days after the effective date of this title.
(d) Compliance With FAR.--(1) The Under Secretary of Energy
for Nuclear Security shall ensure that the compliance with the
Federal Acquisition Regulation specified in section 3262 is
achieved not later than October 1, 2000.
(2) In carrying out paragraph (1), the Under Secretary of
Energy for Nuclear Security shall conduct a review and develop
a plan to bring applicable activities of the Administration
into full compliance with the Federal Acquisition Regulation
not later than such date.
(3) Not later than January 1, 2000, the Under Secretary of
Energy for Nuclear Security shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report containing the results of that review and a description
of that plan.
SEC. 3296. APPLICABILITY OF PREEXISTING LAWS AND REGULATIONS.
Unless otherwise provided in this title, all provisions of
law and regulations in effect immediately before the effective
date of this title that are applicable to functions of the
Department of Energy specified in section 3291 shall continue
to apply to the corresponding functions of the Administration.
SEC. 3297. REPORT CONTAINING IMPLEMENTATION PLAN OF SECRETARY OF
ENERGY.
Not later than January 1, 2000, the Secretary of Energy
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report containing the Secretary's plan for
the implementation of the provisions of this title.
SEC. 3298. CLASSIFICATION IN UNITED STATES CODE.
Subtitles A through F of this title (other than provisions
of those subtitles amending existing provisions of law) shall
be classified to the United States Code as a new chapter of
title 50, United States Code.
SEC. 3299. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), the
provisions of this title shall take effect on March 1, 2000.
(b) Exceptions.--(1) Sections 3202, 3204, 3251, 3295, and
3297 shall take effect on the date of the enactment of this
Act.
(2) Sections 3234 and 3235 shall take effect on the date of
the enactment of this Act. During the period beginning on the
date of the enactment of this Act and ending on the effective
date of this title, the Secretary of Energy shall carry out
those sections and any reference in those sections to the
Administrator and the Administration shall be treated as
references to the Secretary and the Department of Energy,
respectively.
TITLE XXXIII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3301. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
2000, $17,500,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIV--NATIONAL DEFENSE STOCKPILE
Sec. 3401. Authorized uses of stockpile funds.
Sec. 3402. Disposal of certain materials in National Defense Stockpile.
Sec. 3403. Limitations on previous authority for disposal of stockpile
materials.
SEC. 3401. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year
2000, the National Defense Stockpile Manager may obligate up to
$78,700,000 of the funds in the National Defense Stockpile
Transaction Fund established under subsection (a) of section 9
of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98h) for the authorized uses of such funds under
subsection (b)(2) of such section, including the disposal of
hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile
Manager may obligate amounts in excess of the amount specified
in subsection (a) if the National Defense Stockpile Manager
notifies Congress that extraordinary or emergency conditions
necessitate the additional obligations. The National Defense
Stockpile Manager may make the additional obligations described
in the notification after the end of the 45-day period
beginning on the date on which Congress receives the
notification.
(c) Limitations.--The authorities provided by this section
shall be subject to such limitations as may be provided in
appropriations Acts.
SEC. 3402. DISPOSAL OF CERTAIN MATERIALS IN NATIONAL DEFENSE STOCKPILE.
(a) Disposal Required.--Subject to subsection (c), the
President shall make disposals from the National Defense
Stockpile of materials in quantities as follows:
(1) Beryllium metal, 250 short tons.
(2) Chromium ferro alloy, 496,204 short tons.
(3) Chromium metal, 5,000 short tons.
(4) Palladium, 497,271 troy ounces.
(b) Management of Disposal To Achieve Objectives for
Receipts.--The President shall manage the disposal of materials
under subsection (a) so as to result in receipts to the United
States in amounts equal to--
(1) $10,000,000 during fiscal year 2000;
(2) $100,000,000 during the 5-fiscal year period
ending September 30, 2004; and
(3) $300,000,000 during the 10-fiscal year period
ending September 30, 2009.
(c) Minimization of Disruption and Loss.--The President may
not dispose of the material under subsection (a) to the extent
that the disposal will result in--
(1) undue disruption of the usual markets of
producers, processors, and consumers of the materials
proposed for disposal; or
(2) avoidable loss to the United States.
(d) Disposition of Receipts.--Notwithstanding section 9 of
the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98h), funds received as a result of the disposal of
materials under subsection (a) shall be deposited into the
general fund of the Treasury.
(e) Relationship to Other Disposal Authority.--The disposal
authority provided in subsection (a) is new disposal authority
and is in addition to, and shall not affect, any other disposal
authority provided by law regarding the materials specified in
such subsection.
(f) Increased Receipts Under Prior Disposal Authority.--(1)
Section 3303(a)(2) of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104-201; 110 Stat 2855; 50
U.S.C. 98d note) is amended by striking ``$612,000,000'' and
inserting ``$720,000,000''.
(2) Section 3305(a) of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat 2057; 50
U.S.C. 98d note) is amended--
(A) in paragraph (2), by striking ``$30,000,000''
and inserting ``$50,000,000'';
(B) in paragraph (3), by striking ``$34,000,000''
and inserting ``$64,000,000''; and
(C) in paragraph (4), by striking ``$34,000,000''
and inserting ``$67,000,000''.
(g) Elimination of Disposal Restrictions on Earlier
Disposal Authority.--Section 3303 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110
Stat. 629) is repealed.
SEC. 3403. LIMITATIONS ON PREVIOUS AUTHORITY FOR DISPOSAL OF STOCKPILE
MATERIALS.
(a) Public Law 105-261 Authority.--Section 3303(b) of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261; 112 Stat. 2263; 50 U.S.C. 98d
note) is amended--
(1) by striking ``(b) Limitation on Disposal
Quantity.--'' and inserting ``(b) Limitations on
Disposal Authority.--(1)''; and
(2) by adding at the end the following:
``(2) The President may not dispose of materials under this
section in excess of the disposals necessary to result in
receipts in the amounts specified in subsection (a).''.
(b) Public Law 105-85 Authority.--Section 3305(b) of the
National Defense Authorization Act for Fiscal Year 1998 (Public
Law 105-85; 111 Stat. 2058; 50 U.S.C. 98d note) is amended--
(1) by striking ``(b) Limitation on Disposal
Quantity.--'' and inserting ``(b) Limitations on
Disposal Authority.--(1)''; and
(2) by adding at the end the following:
``(2) The President may not dispose of cobalt under this
section in excess of the disposals necessary to result in
receipts in the amounts specified in subsection (a).''.
(c) Public Law 104-201 Authority.--Section 3303(b) of the
National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104-201; 110 Stat. 2855; 50 U.S.C. 98d note) is amended--
(1) by striking ``(b) Limitation on Disposal
Quantity.--'' and inserting ``(b) Limitations on
Disposal Authority.--(1)''; and
(2) by adding at the end the following:
``(2) The President may not dispose of materials under this
section in excess of the disposals necessary to result in
receipts in the amounts specified in subsection (a).''.
TITLE XXXV--PANAMA CANAL COMMISSION
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Office of Transition Administration.
Sec. 3505. Expenditures only in accordance with treaties.
SEC. 3501. SHORT TITLE.
This title may be cited as the ``Panama Canal Commission
Authorization Act for Fiscal Year 2000''.
SEC. 3502. AUTHORIZATION OF EXPENDITURES.
(a) In General.--Subject to subsection (b), the Panama
Canal Commission is authorized to use amounts in the Panama
Canal Revolving Fund to make such expenditures within the
limits of funds and borrowing authority available to it in
accordance with law, and to make such contracts and
commitments, as may be necessary under the Panama Canal Act of
1979 (22 U.S.C. 3601 et seq.) for the operation, maintenance,
improvement, and administration of the Panama Canal for the
period October 1, 1999, through noon on December 31, 1999.
(b) Limitations.--For the period described in subsection
(a), the Panama Canal Commission may expend from funds in the
Panama Canal Revolving Fund not more than $75,000 for official
reception and representation expenses, of which--
(1) not more than $21,000 may be used for official
reception and representation expenses of the
Supervisory Board of the Commission;
(2) not more than $10,500 may be used for official
reception and representation expenses of the Secretary
of the Commission; and
(3) not more than $43,500 may be used for official
reception and representation expenses of the
Administrator of the Commission.
SEC. 3503. PURCHASE OF VEHICLES.
Notwithstanding any other provision of law, the funds
available to the Panama Canal Commission shall be available for
the purchase and transportation to the Republic of Panama of
replacement passenger motor vehicles, the purchase price of
which shall not exceed $26,000 per vehicle.
SEC. 3504. OFFICE OF TRANSITION ADMINISTRATION.
(a) Expenditures From Panama Canal Commission Dissolution
Fund.--Section 1305(c)(5) of the Panama Canal Act of 1979 (22
U.S.C. 3714a(c)(5)) is amended by inserting ``(A)'' after
``(5)'' and by adding at the end the following:
``(B) The office established by subsection (b) is
authorized to expend or obligate funds from the Fund for the
purposes enumerated in clauses (i) and (ii) of paragraph (2)(A)
until October 1, 2004.''.
(b) Operation of the Office of Transition Administration.--
(1) In general.--The Panama Canal Act of 1979 (22
U.S.C. 3601 et seq.) shall continue to govern the
Office of Transition Administration until October 1,
2004.
(2) Procurement.--For purposes of exercising
authority under the procurement laws of the United
States, the director of the Office of Transition
Administration shall have the status of the head of an
agency.
(3) Offices.--The Office of Transition
Administration shall have offices in the Republic of
Panama and in the District of Columbia. Section
1110(b)(1) of the Panama Canal Act of 1973 (22 U.S.C.
3620(b)(1)) does not apply to such office in the
Republic of Panama.
(4) Office of transition administration defined.--
In this subsection the term ``Office of Transition
Administration'' means the office established under
section 1305 of the Panama Canal Act of 1979 (22 U.S.C.
3714a) to close out the affairs of the Panama Canal
Commission.
(5) Effective date.--This subsection shall be
effective on and after the termination of the Panama
Canal Treaty of 1977.
(c) Oversight of Close-Out Activities.--The Panama Canal
Commission shall enter into an agreement with the head of a
department or agency of the Federal Government to supervise the
close out of the affairs of the Commission under section 1305
of the Panama Canal Act of 1979 and to certify the completion
of that function.
SEC. 3505. EXPENDITURES ONLY IN ACCORDANCE WITH TREATIES.
Expenditures authorized under this title may be made only
in accordance with the Panama Canal Treaties of 1977 and any
law of the United States implementing those treaties.
TITLE XXXVI--MARITIME ADMINISTRATION
Sec. 3601. Short title.
Sec. 3602. Authorization of appropriations for fiscal year 2000.
Sec. 3603. Extension of war risk insurance authority.
Sec. 3604. Ownership of the JEREMIAH O'BRIEN.
SEC. 3601. SHORT TITLE.
This title may be cited as the ``Maritime Administration
Authorization Act for Fiscal Year 2000''.
SEC. 3602. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2000.
Funds are hereby authorized to be appropriated, to be
available without fiscal year limitation if so provided in
appropriations Acts, for the use of the Department of
Transportation for the Maritime Administration as follows:
(1) For expenses necessary for operations and
training activities, $79,764,000 for fiscal year 2000.
(2) For expenses under the loan guarantee program
authorized by title XI of the Merchant Marine Act, 1936
(46 App. U.S.C. 1271 et seq.), $14,893,000 for fiscal
year 2000, of which--
(A) $11,000,000 is for the cost (as defined
in section 502(5) of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661a(5))) of loan
guarantees under the program; and
(B) $3,893,000 is for administrative
expenses related to loan guarantee commitments
under the program.
SEC. 3603. EXTENSION OF WAR RISK INSURANCE AUTHORITY.
Section 1214 of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1294) is amended by striking ``June 30, 2000'' and
inserting ``June 30, 2005''.
SEC. 3604. OWNERSHIP OF THE JEREMIAH O'BRIEN.
Section 3302(l)(1)(C) of title 46, United States Code, is
amended by striking ``owned by the United States Maritime
Administration'' and inserting ``owned by the National Liberty
Ship Memorial, Inc.''.
And the House agree to the same.
From the Committee on Armed Services, for
consideration of the Senate bill and the House
amendment, and modifications committed to
conference:
Floyd Spence,
Bob Stump,
Duncan Hunter,
Herbert H. Bateman,
James V. Hansen,
Curt Weldon,
Joel Hefley,
Jim Saxton,
Steve Buyer,
Tillie K. Fowler,
John M. McHugh,
James Talent,
Terry Everett,
Roscoe G. Bartlett,
Howard ``Buck'' McKeon,
J.C. Watts, Jr.,
Mac Thornberry,
John Hostettler,
Saxby Chambliss,
Van Hilleary,
Ike Skelton
(except sec. 32),
Norman Sisisky,
John M. Spratt, Jr.
(except for 27 and 32)
Solomon P. Ortiz,
Owen Pickett,
Lane Evans,
Gene Taylor,
Neil Abercrombie,
Marty Meehan,
Robert A. Underwood,
Silvestre Reyes,
Jim Turner,
Loretta Sanchez,
Ellen O. Tauscher
(except sec. 32),
Robert E. Andrews,
John B. Larson,
Porter J. Goss,
Jerry Lewis,
From the Committee on Banking and Financial
Services, for consideration of section 1059 of
the Senate bill and section 1409 of the House
bill, and modifications committed to
conference:
Bill McCollum,
Spencer Bachus,
John J. LaFalce,
From the Committee on Education and the
Workforce, for consideration of sections 579
and 698 of the Senate bill, and sections 341,
343, 549, 567, and 673 of the House amendment,
and modifications committed to conference:
Bill Goodling,
Nathan Deal,
Patsy T. Mink,
From the Committee on Government Reform, for
consideration of sections 538, 652, 654, 805-
810, 1004, 1052-54, 1080, 1101-07, 2831, 2862,
3160, 3161, 3163, and 3173 of the Senate bill,
and sections 522, 524, 525, 661-64, 672, 802,
1101-05, 2802, and 3162 of the House amendment,
and modifications committed to conference:
Dan Burton,
Joe Scarborough,
Provided that Mr. Horn is appointed in lieu of
Mr. Scarborough for consideration of sections
538, 805-810, 1052-54, 1080, 2831, 2862, 3160,
and 3161 of the Senate bill and sections 802
and 2802 of the House amendment, and
modifications committed to conference:
Stephen Horn,
From the Committee on House Administration, for
consideration of section 1303 of the Senate
bill and modifications committed to conference:
Wm. Thomas,
John Boehner,
Steny H. Hoyer,
From the Committee on International Relations,
for consideration of sections 1013, 1043, 1044,
1046, 1066, 1071, 1072, and 1083 of the Senate
bill, and sections 1202, 1206, 1301-07, 1404,
1407, 1408, 1411, and 1413 of the House
amendment, and modifications committed to
conference:
Benjamin A. Gilman,
Doug Bereuter,
From the Committee on the Judiciary, for
consideration of sections 3156 and 3163 of the
Senate bill, and sections 3166 and 3194 of the
House amendment, and modifications committed to
conference:
Henry Hyde,
Bill McCollum,
From the Committee on Resources, for
consideration of sections 601, 602, 695, 2833,
and 2861 of the Senate bill, and sections 365,
601, 602, 653, 654, and 2863 of the House
amendment, and modifications committed to
conference:
Don Young,
Billy Tauzin,
From the Committee on Transportation and
Infrastructure, for consideration of sections
601, 602, 1060, 1079, and 1080 of the Senate
bill, and sections 361, 601, 602, and 3404 of
the House amendment, and modifications
committed to conference:
Bud Shuster,
Wayne T. Gilchrest,
Peter DeFazio,
From the Committee on Veterans' Affairs, for
consideration of sections 671-75, 681, 682,
696, 697, 1062, and 1066 of the Senate bill,
and modifications committed to conference:
Michael Bilirakis,
Jack Quinn,
Managers on the Part of the House.
John Warner,
Strom Thurmond,
John McCain,
Bob Smith,
James M. Inhofe,
Rick Santorum,
Olympia Snowe,
Pat Roberts,
Wayne Allard,
Tim Hutchinson,
Jeff Sessions,
Robert C. Byrd,
Chuck Robb,
Mary L. Landrieu,
Max Cleland,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the House to the bill (S. 1059) authorize
appropriations for fiscal year 2000 for military activities of
the Department of Defense, for military construction, and for
defense programs of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the armed forces,
and for other purposes, submit the following joint statement to
the House and the Senate in explanation of the effect of the
action agreed upon by the managers and recommended in the
accompanying conference report:
The House amendment struck out all of the Senate bill
after the enacting clause and inserted a substitute text.
The Senate recedes from its disagreement to the amendment
of the House with an amendment which is a substitute for the
Senate bill and the House amendment. The differences between
the Senate bill, the House amendment, and the substitute agreed
to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clarifying
changes.
Summary Statement of Conference Action
The conferees recommend authorizations for the Department
of Defense for procurement, research and development, test and
evaluation, operation and maintenance, working capital funds,
military construction and family housing, weapons programs of
the Department of Energy, and the civil defense that have
budget authority implications of $288.8 billion.
Summary Table of Authorizations
The defense authorization act provides authorizations for
appropriations but does not generally provide budget authority.
Budget authority is provided in appropriations acts.
In order to relate the conference recommendations to the
Budget Resolution, matter in addition to the dollar
authorizations contained in this bill must be taken into
account. A number of programs in the defense function are
authorized permanently or, in certain instances, authorized in
other annual legislation. In addition, this authorization bill
would establish personnel levels and include a number of
legislative provisions affecting military compensation.
The following table summarizes authorizations included in
the bill for fiscal year 2000 and, in addition, summarizes the
implications of the conference action for the budget totals for
national defense (budget function 050).
Congressional Defense Committees
The term ``congressional defense committees'' is often
used in this statement of managers. It means the Defense
Authorization and Appropriations Committee of the Senate and
House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
Title I--Procurement
Procurement Overview
The budget request for fiscal year 2000 included an
authorization of $53,379.6 million for Procurement in the
Department of Defense.
The Senate bill would authorize $56,288.8 million.
The House amendment would authorize $55,958.8 million.
The conferees recommended an authorization of $56,067.5
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
Overview
The budget request for fiscal year 2000 included an
authorization of $1,229.9 million for Aircraft Procurement,
Army in the Department of Defense.
The Senate bill would authorize $1,498.2 million.
The House amendment would authorize $1,415.2 million.
The conferees recommended an authorization of $1,459.7
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
UH-60 blackhawk
The budget request included $86.1 million for eight UH-
60L Blackhawk helicopters.
The Senate bill would authorize an increase of $90.0
million to procure an additional nine UH-60L Blackhawk
helicopters.
The House amendment would authorize an increase of $26.7
million to procure an additional three UH-60L Blackhawk
helicopters.
The conferees agree to authorize an increase of $90.0
million for nine additional UH-60L Blackhawk helicopters
necessary to meet outstanding Army National Guard requirements.
AH-64 modifications
The budget request included $22.6 million for AH-64
Apache helicopter modifications.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $3.0
million for an oil debris detection system (ODDS) similar to
systems installed on other military aircraft, and an additional
increase of $7.0 million for the vibration management
enhancement program (VMEP).
The conferees agree to authorize an increase of $10.0
million for AH-64 Apache helicopter modifications, $3.0 million
for ODDS installation and $7.0 million for VMEP.
UH-60 modifications
The budget request included $12.1 million for UH-60
Blackhawk helicopter modifications.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $9.0
million to procure UH-60Q medical evacuation modification kits
to reconfigure two Army National Guard UH-60A Blackhawk
helicopters and an additional increase of $1.5 million to
accelerate procurement of UH-60Q medical mockup training
device.
The conferees agree to authorize an increase of $1.5
million to accelerate procurement of a UH-60Q medical mockup
training device.
Aircraft survivability equipment modifications
The budget request included $11.8 million for aircraft
survivability equipment modifications.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $11.5
million for aircraft survivability equipment modifications,
$5.5 million to establish an engineering change proposal (ECP)
to integrate a precision laser azimuth and discrimination
capability onto existing laser detection equipment and $6.0
million is to procure additional AN/AVR-2A laser detection sets
(LDS).
The conferees agree to authorize an increase of $6.0
million for LDS.
Aircraft survivability equipment modifications, (Advanced Threat
Infrared Countermeasures)
The budget request included no funds for aircraft
survivability equipment modifications, Advanced Threat Infrared
Countermeasures (ATIRCM).
The Senate bill would authorize an increase of $8.1
million to ensure that the ATIRCM equipment is installed on
Apache Longbow aircraft during the production of these critical
attack aircraft.
The House amendment would authorize the budget request.
The conferees agree to authorize an increase of $8.1.
million to conduct assembly line modifications necessary to
install ATIRCM devices on Apache Longbow aircraft during the
production of these aircraft.
Overview
The budget request for fiscal year 2000 included an
authorization of $1,358.1 million for Missile Procurement, Army
in the Department of Defense.
The Senate bill would authorize $1,411.1 million.
The House amendment would authorize $1,416.0 million.
The conferees recommended an authorization of $1,258.3
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
Avenger system summary
The budget request $33.8 million for the Avenger missile
system.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $1.3
million to procure additional environmental control unit/prime
power unit (ECU/PPU) upgrades for Army National Guard (ARNG)
Avenger systems.
The conferees agree to authorize an increase of $1.3
million for ECU/PPU upgrades for the ARNG.
Javelin system summary-advanced procurement
The budget request included $98.4 million for advanced
procurement requirements for the Javelin missile.
The Senate bill and House amendment would authorize the
budget request.
The conferees agree to authorize no funds for advanced
procurement funding for the Javelin missile.
Patriot anti-cruise missile
The budget request included no funds for development or
production of the Patriot anti-cruise missile (PACM) upgrade
system.
The Senate bill would authorize $60.0 million in Missile
Procurement, Army, for long-lead materials land initiation of a
low-rate initial production program of 200 PACM modification
kits.
The House amendment would authorize the budget request.
The conferees have supported development and testing of
the PACM seeker. The conferees note the conclusion of the
Army's April 1999 report to Congress, which indicated that,
based on extensive ground testing, ``the performance of the
PACM design has been demonstrated.'' The conferees also note
that the first PACM flight test appears to have been
successful. The conferees direct the Secretary of the Army to
complete the PACM flight test program using funds previously
appropriated for this purpose.
Based on information obtained from the PACM ground and
flight test program, the conferees direct the Secretary of
Defense to assess the capability of the PACM missile to counter
cruise missiles, including low-observable cruise missiles,
compared to the capability of the Patriot PAC-3 missile and
other upgraded versions of the Patriot missile to counter such
threats, and the opportunity costs of PACM acquisition. In
preparing this assessment, the Secretary shall utilize the
Defense Science Board. If, based on the findings of this
assessment, the Secretary determines that production of PACM
missiles is warranted during fiscal year 2000, up to $35.0
million of funds authorized to be appropriated in Missile
Procurement, Army, may be made available to retrofit and
improve the current inventory of Patriot missiles in order to
meet current and projected threats from cruise missiles. The
Secretary shall submit a report on his assessment and
recommendations to the congressional defense committees by
March 15, 2000.
Avenger modifications
The budget request included no funds for Avenger missile
modification requirements.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $4.3
million for Avenger slew-to-cue (STC) fire control computers
for the Army National Guard (ARNG).
The conferees agree to authorize an increase of $4.3
million for STC fire control computers to upgrade one ARNG
Avenger battalion.
Overview
The budget request for fiscal year 2000 included an
authorization of $1,416.8 million for Weapons and Tracked
Combat Vehicles Procurement, Army in the Department of Defense.
The Senate bill would authorize $1,678.9 million.
The House amendment would authorize $1,575.1 million.
The conferees recommended an authorization of $1,571.7
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
Bradley base sustainment
The budget request included $308.8 million for Bradley
modification requirements.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $72.0
million for Bradley A2 Operation Desert Storm (ODS) upgrades
for the Army National Guard (ARNG).
The conferees agree to authorize an increase of $72.0
million for Bradley A20DS upgrades for the ARNG.
Carrier modifications
The budget request included $53.5 million for M113
armored personnel carrier modifications.
The Senate bill would authorize an increase of $25.0
million to procure additional M113 carrier upgrades.
The House amendment would authorize an identical
increase.
The conferees agree to authorize an increase of $15.0
million to procure additional M113 carrier upgrades.
Howitzer, M109A6 modifications
The budget request included $6.3 million for M109A6
Paladin system requirements.
The Senate bill would authorize an increase of $20.0
million for additional M109A6 Paladin equipment requirements
necessary to complete system fielding to Army National Guard
(ARNG) units.
The House amendment would authorize the budget request.
The conferees agree to authorize an increase of $20.0
million for Paladin system fielding requirements for the ARNG.
Heavy assault bridge
The budget request included $67.3 million to procure the
Wolverine heavy assault bridge (HAB) system.
The Senate bill would authorize an increase of $14.0
million in advance procurement to align the fiscal year 2000
Abrams upgrade program and Wolverine HAB advanced procurement
which will result in net savings to the government.
The House amendment would authorize an identical
increase.
The conferees agree to authorize an increase of $14.0
million to align the production of both the Abrams and
Wolverine systems, for a total authorization of $81.3 million.
Grenade launcher, automatic, 40mm MK19-3
The budget request included $18.3 million for MK19
automatic grenade launcher.
The Senate bill would authorize an increase of $18.3
million to procure additional MK19 weapons.
The House amendment would authorize an increase of $10.0
million to procure additional MK19 systems.
The conferees agree to authorize an increase of $5.0
million to procure additional MK19 systems and to avoid a break
in production of these critical weapons.
Overview
The budget request for fiscal year 2000 included an
authorization of $1,140.8 million for Ammunition Procurement,
Army in the Department of Defense.
The Senate bill would authorize $1,209.8 million.
The House amendment would authorize $1,196.2 million.
The conferees recommended an authorization of $1,215.2
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
Sense and destroy armament
The budget request included $54.5 million for the
procurement of sense and destroy armament (SADARM).
The Senate bill and the House amendment would authorize
the budget request.
The conferees agree to authorize $30.5 million for
procurement of SADARM. The conferees further agree to a $10.0
million increase for SADARM engineering development in PE
64814A.
Overview
The budget request for fiscal year 2000 included an
authorization of $3,423.9 million for Other Procurement, Army
in the Department of Defense.
The Senate bill would authorize $3,647.4 million.
The House amendment would authorize $3,799.9 million.
The conferees recommended an authorization of $3,662.9
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
Family of heavy tactical vehicles
The budget request included $190.4 million for heavy
tactical vehicle procurement.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $6.0
million to procure 21 heavy expanded mobility tactical truck
(HEMTT) wreckers for the Army Reserve.
The conferees agree to authorize an increase of $6.0
million to procure 21 HEMTT wreckers.
Army data distribution system
The budget request included $38.8 million for Army data
distribution system requirements.
The Senate bill would authorize an increase of $25.9
million to procure additional enhanced position location
reporting systems (EPLRS).
The House amendment would authorize an increase of $25.9
million to procure additional EPLRS for the Army National Guard
(ARNG).
The conferees agree to authorize an increase of $10.0
million for ongoing Army digitization activities and $10.0
million to procure additional EPLRS for the ARNG, a total
increase of $20.0 million.
Single channel ground and airborne radio system
The budget request included $13.2 million for Army single
channel ground and airborne radio system (SINCGARS)
requirements.
The Senate bill would authorize an increase of $70.0
million to procure additional SINCGARS.
The House amendment would authorize $47.2 million to
procure SINCGARS for the Army National Guard (ARNG).
The conferees agree to authorize an increase of $20.0
million to procure SINCGARS needed for outstanding ARNG
requirements.
Warfighter information network
The budget request included $109.1 million to procure
Army warfighter information network equipment.
The Senate bill would authorize an increase of $50.0
million to accelerate warfighter information network (WIN)
block II upgrades by one year.
The House amendment would authorize an increase of
$900,000 to procure and field high speed multiplexers (HSMUX)
for Army National Guard (ARNG) signal units.
The conferees agree to authorize an increase of $40.9
million, $40.0 million to support the acceleration of WIN block
II upgrades and $900,000 to procure and field HSMUX upgrades
for the ARNG.
Information system security program
The budget request included $28.8 million for information
system security program (ISSP) requirements.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $3.0
million to replace obsolete secure voice and data terminals.
The conferees agree to authorize an increase of $3.0
million to procure new secure voice and data terminal
equipment.
Tactical unmanned aerial vehicle
The budget request included $45.9 million for the
procurement of the tactical unmanned aerial vehicle (TUAV).
The Senate bill and the House amendment would authorize
the budget request.
The conferees agree to transfer $45.9 million from Other
Procurement, Army to Research, Development, Test, and
Evaluation, Army, an increase of $45.9 million in PE 35204A,
due to a delay in production and a requirement for continued
TUAV development.
Night vision devices
The budget request included $21.0 million to procure Army
night vision equipment.
The Senate bill would authorize an increase of $95.4
million to procure the following night vision equipment:
(1) $34.2 million for AN/PAS-13 thermal weapon
sights;
(2) $21.0 million for AN/AVS-5 driver's viewer
enhancer equipment;
(3) $7.2 million for AN/PEQ-2A infrared aiming
lights and AN/PAQ-4C infrared laser aiming devices and
associated rail grabbers;
(4) $8.0 million for AN/PVS-7D night vision
goggles; and
(5) $25.0 million for generation III 25mm image
intensification tubes.
The House amendment would authorize an increase of $33.0
million to procure the following night vision equipment:
(1) $8.0 million for AN/PVS-7D night vision
goggles; and
(2) $25.0 million for generation III 25mm image
intensification tubes.
The conferees agree to authorize an increase of $50.0
million, for a total authorization of $71.0 million, to procure
the following night vision equipment:
(1) $5.0 million for AN/PAS-13 thermal weapon
sights;
(2) $5.0 million for AN/AVS-5 driver's viewer
enhancer equipment;
(3) $7.0 million for AN/PEQ-2A infrared aiming
lights and AN/PAQ-4C infrared laser aiming devices and
associated rail grabbers;
(4) $8.0 million for AN/PVS-7D night vision
goggles; and
(5) $25.0 million for generation III 25mm image
intensification tubes.
Combat identification/aiming light
The budget request included $9.5 million for combat
identification/aiming light requirements.
The Senate bill and House amendment would authorize the
budget request.
The conferees agree to authorize a transfer of $9.5
million from Other Procurement, Army, to PE 64817A/D902, Combat
Identification for the Dismounted Soldier.
Modification of in-service equipment (tactical surveillance)
The budget request included $6.5 million for Army
tactical surveillance equipment modification requirements.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $5.0
million for modifications to the Firefinder radar system.
The conferees agree to authorize an increase of $8.1
million for critical upgrades to existing Firefinder radar
systems.
Automated identification technology
The budget request included $4.2 million for LOGTECH
requirements and $138.6 million for automated data processing
equipment.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $8.7
million for maintenance and $11.0 million for ammunition
automatic identification technology (AIT).
The conferees agree to authorize an increase of $5.0
million in LOGTECH for maintenance AIT requirements and $11.0
million in the automated data processing equipment line for
ammunition AIT requirements.
Maneuver control system
The budget request included $52.0 million for the
maneuver control system.
The Senate bill would authorize a decrease of $21.7
million to support a program adjustment requested by the Army
and reallocate these funds to Force XXI Battle Command, Brigade
and Below research and development PE 23759A.
The House amendment would authorize the budget request.
The conferees agree to authorize $30.3 million for the
maneuver control system.
Vibratory, self-propelled roller
The budget request included no funds for self-propelled
vibratory roller equipment.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $10.3
million to procure vibratory, self-propelled roller equipment.
The conferees agree to authorize an increase of $10.3
million to procure vibratory, self-propelled roller equipment
for Army and Army Reserve engineer units.
High speed compactor
The budget request included $9.8 million for high speed
compactor equipment.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $2.6
million to procure additional high-speed compactor equipment.
The conferees agree to authorize an increase of $2.6
million to procure additional high-speed compactor equipment.
Wheel-mounted 25-ton crane
The budget request included $12.1 million to procure
wheel-mounted 25-ton crane equipment.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $8.0
million to procure wheel-mounted 25-ton crane equipment.
The conferees agree to authorize an increase of $8.0
million to procure additional wheel-mounted 25-ton crane
equipment.
Items less than $2.0 million, construction equipment
The budget request included $4.3 million for construction
equipment.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $2.0
million to procure ultimate building machine equipment for the
active and reserve components.
The conferees agree to authorize an increase of $2.0
million to procure ultimate building machine equipment for the
Army and the Army National Guard.
Modification of in-service equipment (OPA-3)
The budget request included $24.9 million for in-service
equipment modifications.
The Senate bill would authorize an increase of $8.1
million to upgrade existing Firefinder radar equipment and
address technical issues associated with false alarm rates.
The House amendment would authorize an increase of $10.0
million to support D-7 dozer service life extension activities.
The conferees agree to authorize an increase of $10.0
million for D-7 dozer service life extension requirements.
Ultra lightweight camouflage net system
The budget request included no funding for the Ultra
Lightweight Camouflage Net System (ULCANS).
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $30.0
millions for ULCANS.
The conferees agree to authorize an increase of $20.0
million for ULCANS.
Overview
The budget request for fiscal year 2000 included an
authorization of $1,169.0 million for Chemical Agents and
Munitions Destruction, Army.
The Senate bill would authorize no funding for Chemical
Agents and Munitions Destruction, Army, but would transfer the
authorization of $1,164.5 million for Chemical Agents and
Munitions Destruction, Defense.
The House amendment would authorize no funding for
Chemical Agents and Munitions Destruction, Army, but would
transfer the authorization of $1,012.0 million for Chemical
Agents and Munitions Destruction, Defense.
The conferees agree to authorize $1,024.0 million for
Chemical Agents and Munitions Destruction, Army. Unless noted
explicitly in the conference agreement, all changes are made
without prejudice.
Overview
The budget request for fiscal year 2000 included an
authorization of $8,228.7 million for Aircraft Procurement,
Navy in the Department of Defense.
The Senate bill would authorize $8,927.3 million.
The House amendment would authorize $8,826.1 million.
The conferees recommended an authorization of $8,798.8
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
CH-60 helicopters
The budget request included $234.5 million for
procurement and $73.8 million for advance procurement of CH-60
helicopters.
The Senate bill would authorize an increase of $67.0
million for procurement of three additional CH-60 helicopters.
The House amendment would authorize an increase of $38.0
million for two CH-60s helicopters for the Naval Reserve.
The conferees agree to authorize an increase of $67.0
million for procurement of three additional CH-60 helicopters.
UC-35A aircraft
The budget request included no funds for UC-35A aircraft
for the Marine Corps.
The Senate bill would authorize an increase of $18.0
million for three UC-35A aircraft for the Marine Corps.
The House amendment would authorize an identical
increase.
The conferees agree to authorize an increase of $12.0
million for two UC-35A aircraft for the Marine Corps.
C-40A
The budget request included $49.0 million for the
procurement of one C-40A long-range utility aircraft.
The Senate bill would authorize an increase of $54.0
million for the procurement of one additional aircraft.
The House amendment would authorize the budget request.
The conferees agree to authorize an increase of $49.0
million for the procurement of one additional C-40A aircraft.
E-6B modifications
The budget request included $161.0 million for various
modifications to the EA-6B aircraft.
The Senate bill would authorize an increase of $25.0
million for the procurement of additional modified band 9/10
transmitters.
The House amendment would authorize an increase of $45.0
million for the procurement of additional band 9/10
transmitters.
The conferees agree to authorize an increase of $25.0
million for the procurement of additional band 9/10
transmitters.
F/A-18 aircraft modifications.
The budget request included $308.8 million for
modifications for the F/A-18 series of aircraft.
The Senate bill would authorize an increase of $130.4
million, as follows:
(1) an increase of $63.0 million for engineering
change proposal 583 (ECP-583) kits;
(2) an increase of $38.0 million for replacement of
APG-65 radars with APG-73; and
(3) an increase of $29.4 million for incorporation
of the multifunctional information distributions system
(MIDS).
The House amendment would authorize an increase of $63.0
million for incorporation of additional ECP-583 kits.
The conferees agree to authorize an increase of $11.0
million for modifications to the F/A-18 aircraft, as follows:
(1) an increase of $38.0 million for replacement of
APG-65 radars with APG-73; and
(2) a decrease of $27.0 million due to the
premature procurement of an advanced targeting forward-
looking infrared system.
The conferees understand the Navy is planning to conduct
the competitive MIDS procurement as a multiple source award to
two or more contractors, with the intent of promoting
competition and obtaining best value; and that this procurement
will commence within the first six months of calendar year
2000. The conferees support a competitive procurement decision
by the Navy and would commend the Secretary of the Navy for
taking this action.
AH-1W series
The budget request included $13.7 million to support AH-
1W series procurement requirements.
The Senate bill would authorize an increase of $9.0
million for AH-1W night targeting device requirements.
The House amendment would authorize the budget request.
The conferees agree to authorize an increase of $7.0
million for procurement of AH-1W night targeting devices.
H-1 series
The budget request included $6.3 million to support H-1
series equipment requirements.
The Senate bill would authorize an increase of $15.0
million to meet outstanding requirements for navigational
thermal imaging systems for UH-1N aircraft.
The House amendment would authorize the budget request.
The conferees agree to authorize an increase of $10.0
million to support procurement and fielding of navigational
thermal imaging systems for existing Marine Corps UH-1N
aircraft.
P-3 modifications
The budget request included $276.2 million for various
modifications to the P-3 aircraft.
The Senate bill would authorize an increase of $138.6
million for the procurement of eight additional anti-surface
warfare improvement program (AIP) kits, and for the sustained
readiness program.
The House amendment would authorize an increase of
$70.0million for the procurement of five additional AIP kits, and an
increase of $5.0 million for the procurement of lightweight
environmentally sealed parachute assemblies (LESPAs).
The conferees agree to authorize an increase of $65.0
million for the P-3 program, as follows:
(1) an increase of $60.0 million for the
procurement of additional AIP kits; and
(2) an increase of $5.0 million for the procurement
of LESPAs.
E-2 modifications
The budget request included $28.2 million for
modifications to the E-2 aircraft.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $45.0
million for Hawkeye 2000 upgrades, an increase of $22.0 million
for cooperative engagement capability upgrades, and an increase
of $5.0 million for lightweight environmentally sealed
parachute assemblies (LESPAs).
The conferees agree to authorize an increase of $26.9
million for modifications to the E-2 aircraft, including:
(1) an increase of $21.9 million for cooperative
engagement capability; and
(2) an increase of $5.0 million for LESPAs.
Special project aircraft
The budget request included $28.8 million for
modifications for special project aircraft.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $2.0
million for an additional common data link (CDL) terminal and
outfitting two more aircraft with CDL.
The conferees agree to authorize an increase of $2.0
million for an additional common data link (CDL) terminal and
outfitting two more aircraft with CDL.
Common ground equipment
The budget request included $413.7 million for common
ground equipment.
The Senate bill would authorize the budget request.
The House amendment would authorize a decrease of $20.0
million due to unexplained cost growth.
The conferees have learned that the Navy has realigned
$35.8 million of prior year funds that were budgeted for the
universal jet air start unit (UNIJASU) program. The Navy
decided to shift these funds to another project, delaying the
procurement of new starting units by several years. The
conferees are very concerned that the Navy made the decision to
realign funding in February 1999, yet failed to notify all the
congressional defense committees until information on program
status was requested. The conferees agree to authorize a
decrease of $35.8 million for common ground equipment.
Overview
The budget request for fiscal year 2000 included an
authorization of $1,357.4 million for Weapons Procurement, Navy
in the Department of Defense.
The Senate bill would authorize $1,392.1 million.
The House amendment would authorize $1,764.7 million.
The conferees recommended an authorization of $1,417.1
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
Aerial targets
The budget request included $22.2 million for aerial
targets.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $25.0
million to procure BQM-74 aerial targets. This increase was
offset by a reduction of $2.1 million for unexplained
government costs.
The conferees agree to authorize an increase of $25.0
million for the procurement of BQM-74 aerial targets.
Drones and decoys
The budget request included no funds for drones and
decoys.
The Senate bill would authorize an increase of $10.0
million for the procurement of improved tactical air launched
decoys (ITALDs).
The House amendment would authorize the budget request.
The conferees agree to authorize an increase of $10.0
million for the procurement of ITALDs.
Weapons industrial facilities
The budget request included $20.0 million for various
activities at government-owned and contractor-operated weapons
industrial facilities.
The Senate bill would authorize an increase of $7.7
million to accelerate the facilities restoration program at the
Allegany Ballistics Laboratory.
The House amendment would authorize a decrease of $1.0
million.
The conferees agree to authorize an increase of $7.7
million to accelerate the facilities restoration program at the
Allegany Ballistics Laboratory.
Overview
The budget request for fiscal year 2000 included an
authorization of $484.9 million for Ammunition Procurement,
Navy and Marine Corps in the Department of Defense.
The Senate bill would authorize $542.7 million.
The House amendment would authorize $612.9 million.
The conferees recommended an authorization of $534.7
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
Overview
The budget request for fiscal year 2000 included an
authorization of $6,678.5 million for Shipbuilding and
Conversion, Navy in the Department of Defense.
The Senate bill would authorize $7,016.5 million.
The House amendment would authorize $6,687.2 million.
The conferees recommended an authorization of $7,016.5
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
Overview
The budget request for fiscal year 2000 included an
authorization of $4,100.1 million for Other Procurement, Navy
in the Department of Defense.
The Senate bill would authorize $4,197.8 million.
The House amendment would authorize $4,238.4 million.
The conferees recommended an authorization of $4,266.9
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
WSN-7 inertial navigation system and WQN-2 doppler sonar velocity log
The budget request included $21.8 million for procurement
of AN/WSN-7 ring laser inertial navigation systems and included
no funds for the WQN-2 doppler sonar velocity log.
The Senate bill would authorize an increase of $15.0
million for the procurement and installation of additional AN/
WSN-7 ring laser inertial navigation systems.
The House amendment would authorize an increase of $12.0
million for WSN-7 ring laser inertial navigation systems and an
increase of $10.0 million for WQN-2 doppler sonar velocity log
systems.
The conferees agree to authorize an increase of $25.0
million including $15.0 million for the procurement and
installation of additional AN/WSN-7 ring laser inertial
navigation systems and $10.0 million for WQN-2 doppler sonar
velocity log systems.
Minesweeping equipment
The budget request included $900,000 for procurement of
the versatile exercise mine system (VEMS) support equipment.
The budget request did not include funds for the procurement of
the Dyad mine countermeasures system.
The House amendment would authorize an increase of $4.1
million for additional VEMS equipment and an increase of $4.5
million to procure the Dyad mine countermeasures system.
The Senate bill would authorize the budget request.
The conferees agree to authorize an increase of $4.5
million for a mine countermeasures system consisting of an
influence sweep that is towed behind a small vessel.
Items less than $5.0 million, afloat force protection for maritime
interdiction operations equipment
The budget request included no funds for procurement of
equipment required by sailors conducting maritime interdiction
operations.
The Senate bill would authorize an increase of $24.4
million as requested by the Chief of Naval Operations for
afloat force protection equipment for sailors conducting
maritime interdiction operations.
The House amendment would authorize the budget request.
The conferees agree to authorize an increase of $24.4
million for afloat force protection equipment.
Items less than $5.0 million, integrated condition assessment system
The budget request included $17.4 million for integrated
condition assessment system (ICAS) equipment for ships.
The Senate bill would authorize an increase of $6.5
million for procurement and installation of ICAS equipment.
The House amendment would authorize the budget request.
The conferees agree to authorize an increase of $6.5
million for procurement and installation of ICAS equipment.
Surface search radars
The budget request included $1.1 million for the
procurement and installation of AN/SPS-73(V) surface search
radars for surface ships. The budget request did not include
funding for the procurement of AN/BPS-15/16H submarine radar
navigation sets.
The Senate bill would authorize an increase of $8.0
million for AN/BPS-16H software and hardware upgrades to bring
them into electronic chart display information systems-
navigation (ECDIS-N) compliance.
The House amendment would authorize and increase of $8.0
million for the procurement and installation of equipment to
upgrade the AN/BPS-16H submarine navigation radar and an
increase of $14.0 million to procure and install additional AN/
SPS-73(V) surface search radars and the associated non-
recurring combat systems integration costs.
The conferees agree to authorize an increase of $8.0
million for AN/BPS-16H software and hardware upgrades to bring
them into ECDIS-N compliance and an increase of $14.0 million
to procure and install additional AN/SPS-73(V) surface search
radars and the associated non-recurring combat systems
integration costs.
Sonar dome material
The budget request included no funds for surface sonar
support equipment.
The House amendment would authorize an increase of $5.0
million to refine manufacturing processes and reduce production
costs of a new sonar dome for surface ships.
The Senate bill would authorize the budget request.
The conferees agree to authorize an increase of $5.0
million to refine manufacturing processes and reduce production
costs of a new sonar dome for surface ships.
Undersea warfare support equipment
The budget request included $1.2 million for the
procurement of 55 launched expendable acoustic devices (LEADs).
The House amendment would authorize an increase of $8.6
million for procurement of 300 LEADs and two surface ship
torpedo defense test beds for large deck ships.
The Senate bill would authorize the budget request.
The conferees agree to authorize an increase of $8.6
million for procurement of 300 LEADs and two surface ship
torpedo defense test beds for large deck ships.
Other training equipment
The budget request included $27.9 million for procurement
of battle force tactical training (BFTT) equipment.
The House amendment would authorize an increase of $7.0
million for procurement and installation of 12 air traffic
controller (ATC) trainers and $5.0 million for 30 BFTT
electronic warfare trainer (BEWT).
The Senate bill would authorize the budget request.
The conferees agree to authorize an increase of $5.8
million for procurement and installation of air traffic
controller (ATC) trainers and $4.2 million for BFTT electronic
warfare trainers (BEWT).
Naval space surveillance system
The budget request included $6.6 million for a Naval
space surveillance system.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $1.0
million in combat construction support equipment to procure
ultimate building machines for the Navy to provide rapid
shelter construction equipment.
The conferees agree to authorize an increase of $1.0
million to procure ultimate building machines for the Navy.
Shipboard display emulator equipment
The budget request included no funds for shipboard
display emulator equipment (SDE) for Perry and Spruance class
surface combatants and older Aegis-equipped ships not equipped
with the vertical launching system.
The House amendment would authorize an increase of $10.0
million to procure and install modern state-of-the-art SDE
equipment in older surface combatants.
The Senate bill would authorize the budget request.
The conferees agree to authorize an increase of $5.0
million to procure and install SDE equipment in older surface
combatants.
Joint engineering data management and information control system
The budget request included no funds for joint
engineering data management and information control system
(JEDMICS), the designated Department of Defense standard system
for management, control and storage of engineering drawings.
The Senate bill would authorize an increase of $9.0
million for the continued security system procurement,
integration and accreditation surveys for the JEDMICS system.
The House amendment would authorize an increase of $12.0
million for the integration of DiamondTEK technology, a
commercial-off-the-shelf network security product, into
JEDMICS.
The conferees agree to authorize an increase of $12.0
million for procurement, integration (including embedded
security data labels and DiamondTek technology), and
accreditation surveys into JEDMICS.
Information system security program
The budget request included $64.1 million for information
system security program (ISSP) requirements.
The Senate bill would authorize an increase of $12.0
million for IT-21 related information systems security program
devices.
The House amendment would authorize an increase of $3.0
million to replace obsolete secure voice and data terminals.
The conferees agree to authorize an increase of $3.5
million to procure new secure voice and data terminal
equipment.
Mobile remote emitter simulator
The budget request included $12.2 million for weapons
range support equipment but included no funds to procure the
mobile remote emitter simulator (MRES).
The House amendment would authorize an increase of $8.0
million to procure and install one MRES system.
The Senate bill would authorize the budget request.
The conferees agree to authorize an increase of $6.0
million to procure and install one MRES system.
Computer aided submode training (CAST) lesson authoring system (CLASS)
The budget request included $86.7 million for Aegis
support equipment, but did not include a request for computer
aided submode training (CAST) lesson authoring system (CLASS)
expansion to ships or systems other than AN/UYQ-70 equipped
Aegis destroyers.
The House amendment would authorize an increase of $8.0
million for back-fitting CLASS on non-AN/UYQ-70-equipped Aegis
ships and to expand this technology to other systems.
The Senate bill would authorize the budget request.
The conferees agree to authorize an increase of $2.0
million for back-fitting CLASS on non-AN/UYQ-70-equipped Aegis
ships and to expand this technology to other systems.
NULKA anti-ship missile decoy system
The budget request included $21.5 million for procurement
and installation of the NULKA anti-ship missile decoy program.
NULKA is a proven decoy against anti-ship missiles.
The Senate bill would authorize an increase of $15.3
million for the procurement of launcher systems and decoys to
outfit the fleet with this key self-defense equipment.
The House amendment would authorize the budget request.
The conferees agree to authorize an increase of $12.0
million for the procurement of NULKA anti-ship missile decoy
launcher systems and decoys.
Overview
The budget request for fiscal year 2000 included an
authorization of $1,137.2 million for Marine Corps Procurement,
Navy in the Department of Defense.
The Senate bill would authorize $1,302.1 million.
The House amendment would authorize $1,297.5 million.
The conferees recommended an authorization of $1,297.0
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
Modification kits-tracked vehicles
The budget request included $22.9 million for
modification kit requirements for Marine Corps tracked
vehicles.
The Senate bill would authorize an increase of $60.5
million to begin procurement of Marine Corps M88A2 Hercules
improved recovery vehicles. This increase was partially offset
by a decrease of $7.2 million from research and development in
PE 026623M, ground combat/supporting arms systems, and a
decrease of $3.9 million in Marine Corps operation and
maintenance account, equipment maintenance M88A1.
The House amendment would authorize an increase of $49.4
million to procure M88A2 Hercules tank recovery vehicles.
The conferees agree to authorize an increase of $60.5
million to begin procurement of Marine Corps M88A2 Hercules
improved recovery vehicles. This increase will be partially
offset by the amounts indicated in the Senate bill.
Night vision equipment
The budget request included $9.0 million to procure night
vision equipment.
The Senate bill would authorize an increase of $8.5
million to procure generation III 25 millimeter image
intensification tubes and AN/PEQ-2 laser target/illuminator/
aiming lights.
The House amendment would authorize an identical
increase.
The conferees agree to authorize an increase of $8.5
million to procure generation III 25 millimeter image
intensification tubes and AN/PEQ-2 devices, $5.0 million for
AN/PEQ-2 devices and $3.5 million for generation III image
intensification tubes.
Radio systems
The budget request included $82.9 million for Marine
Corps radio system requirements.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $20.3
million for enhanced position location reporting system
(EPLRS).
The conferees agree to authorize an increase of $10.9
million to procure EPLRS equipment.
Communications and electronics infrastructure support
The budget request included $81.8 million for
communications and electronics infrastructure support.
The Senate bill would authorize an increase of $54.4
million to upgrade communications and electronics
infrastructure at Marine Corps installations.
The House amendment would authorize an increase of $50.0
million for Marine Corps infrastructure requirements.
The conferees agree to authorize an increase of $54.4
million to upgrade communications and electronics
infrastructure at installations identified on the Marine Corps'
unfunded requirements list.
Modification kits-Marine Corps air ground task force
The budget request included $13.8 for Marine Corps air
ground task force modification kit requirements.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $5.0
million to modify and install ground based common sensor
systems into existing Marine Corps vehicles.
The conferees agree to authorize an increase of $5.0
million to modify and install ground based common sensor
systems into existing Marine Corps vehicles.
Command support equipment
The budget request included no funds for command support
equipment.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $1.0
million to procure ultimate building machines for rapid shelter
construction requirements in support of contingency,
humanitarian assistance, and disaster relief operations.
The conferees agree to authorize an increase of $1.0
million to procure ultimate building machines.
Field medical equipment
The budget request included $2.5 million to procure
equipment for the Chemical and Biological Incident Response
Force (CBIRF) to meet emerging threat requirements.
The Senate bill would authorize an increase of $6.5
million to procure military medical evaluation tools.
The House amendment would authorize the budget request.
The conferees agree to authorize an increase of $4.0
million to procure CBIRF military medical evaluation tools.
Overview
The budget request for fiscal year 2000 included an
authorization of $9,302.1 million for Aircraft Procurement, Air
Force in the Department of Defense.
The Senate bill would authorize $9,704.9 million.
The House amendment would authorize $9,647.7 million.
The conferees recommended an authorization of $9,758.9
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
C-130J Aircraft
The budget request included $30.6 million for C-130J
aircraft.
The Senate bill would authorize an increase of $24.2
million for additional logistics and training assets for the C-
130J aircraft.
The House amendment would authorize the budget request.
The conferees agree to authorize an increase of $24.2
million for additional logistics and training assets for the C-
130J aircraft.
Joint primary aircrew training system
The budget request included $88.2 million for the
procurement of 21 joint primary aircrew training system (JPATS)
aircraft for the Air Force.
The Senate bill would authorize an increase of $85.4
million to procure an additional 18 JPATS aircraft.
The House amendment would authorize the budget request.
The conferees agree to authorize an increase of $54.0
million to procure an additional 12 JPATS aircraft for the Air
Force.
Joint surveillance/target attack radar system
The budget request included $316.2 million for the
procurement of one E8-C joint surveillance/target attack radar
system (JSTARS) aircraft.
The senate bill would authorize an increase of $46.0
million for either long lead production for another JSTARS
aircraft or for shutdown of the production line.
The House amendment would authorize an increase of $46.0
million for long lead production for another JSTARS aircraft.
The conferees agree to authorize an increase of $46.0
million for long lead production for another JSTARS aircraft.
Predator unmanned aerial vehicle
The budget request included $38.0 million for the
procurement of three Predator unmanned aerial vehicle (UAV)
systems.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $20.0
million for the procurement of two additional UAVs and other
associated systems.
The conferees agree to authorize an increase of $20.0
million for the procurement of attrition Predator UAVs and
associated systems.
F-15 aircraft modifications
The budget request included $263.5 million for
modifications to the F-15 aircraft, with $13.8 million
dedicated to the F100-220E engine upgrade.
The Senate bill would authorize an increase of $20.0
million to further accelerate the fielding of this upgrade.
The House amendment would authorize an increase of $50.0
million for additional engine upgrades for the Air National
Guard (ANG).
The conferees agree to authorize an increase of $50.0
million for F100-220E engine upgrades, $25.0 million for the
ANG, and $25.0 million for active component Air Force aircraft.
The conferees also understand that there has been a delay
in the F-15 APG-63(V) 1 radar upgrade program. Therefore, the
conferees agree to a reduction of $22.0 million to reflect a
delay in the requirement for non-recurring equipment purchases.
F-16 aircraft modifications
The budget request included $249.5 million for
modifications to the F-16 aircraft.
The Senate bill would authorize an increase of $130.3
million, as follows:
(1) an increase of $13.9 million for procurement of
the high speed anti-radiation missile (HARM) targeting
system;
(2) an increase of $80.0 million for procurement of
Litening II precision guided munitions (PGM) targeting
systems;
(3) an increase of $12.0 million for the
procurement of digital terrain systems;
(4) an increase of $13.5 million for the
procurement of medium altitude electro-optical (MAEO)
reconnaissance cameras; and
(5) an increase of $10.9 million for engine
modifications.
The House amendment would authorize an increase of $46.9
million, as follows:
(1) an increase of $30.0 million for procurement of
Litening II PGM targeting systems;
(2) an increase of $20.0 million for the
procurement of digital terrain systems;
(3) an increase of $4.0 million for the procurement
of 600 gallon fuel tanks; and
(4) a decrease of $7.1 million due to unexplained
cost growth in various projects.
The conferees agree to authorize an increase of $70.4
million for modifications to the F-16 aircraft, as follows:
(1) an increase of $30.0 million for procurement of
Litening II PGM targeting systems for the Air National
Guard and Air Force Reserve;
(2) an increase of $12.0 million for the
procurement of digital terrain systems;
(3) an increase of $13.5 million for the
procurement ofMAEO reconnaissance cameras;
(4) an increase of $10.9 million for engine
modifications; and
(5) an increase of $4.0 million for the 600 gallon
fuel tank program for additional configuration testing
for F-16 flight envelope expansion, including the
procurement of any additional 600 gallon fuel tanks
required for this purpose.
The conferees further agree to designate the MAEO
reconnaissance cameras a congressional interest item.
C-17 aircraft modifications
The budget request included $95.6 million for
modifications to the C-17A aircraft.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $3.5
million in C-17A procurement for advance procurement of an Air
National Guard (ANG) maintenance training system (MTS)
The conferees agree to authorize an increase of $3.5
million in C-17A aircraft modifications for the advance
procurement of a MTS for the ANG.
C-135 aircraft modifications
The budget request included $347.1 million for
modifications to C-135/KC-135 aircraft.
The Senate bill would authorize an increase of $8.7
million for incorporation of the global air traffic management
modification.
The House amendment would authorize an increase of $68.1
million, as follows:
(1) an increase of $52.0 million for the reengining
of two KC-135s;
(2) an increase of $18.2 million for the terrain
awareness and warning system modification; and
(3) a decrease of $2.1 million to the PACER CRAG
modification.
The conferees agree to authorize an increase of $52.0
million for the reengining of two KC-135s. The conferees have
consolidated authorization for increases for the global air
traffic management and the terrain awareness and warning system
modifications as passenger safety modifications elsewhere in
this conference report.
Defense airborne reconnaissance program aircraft modifications
The budget request included $138.4 million for
modifications to defense airborne reconnaissance program (DARP)
aircraft.
The Senate bill would authorize an increase of $82.0
million, as follows:
(1) an increase of $60.0 million to reengine two
RC-135 aircraft;
(2) an increase of $12.0 million for U-2 aircraft
cockpit modernization; and
(3) an increase of $10.0 million for U-2 aircraft
29-F radar warning receivers.
The Senate bill would also provide an increase of $17.3
million for the theater airborne warning system (TAWS) for RC-
135 aircraft in PE28060F.
The House amendment would authorize an increase of $39.7
million, as follows:
(1) an increase of $13.4 million for RC-135 Rivet
Joint quick reaction capabilities (QRCs);
(2) an increase of $5.0 million to upgrade the U-2
common data link (CDL); and
(3) an increase of $21.3 million for modifications
described in the classified annex to the House report
accompanying H.R. 1401 (H. Rept. 106-162).
The conferees agree to authorize an increase of $121.7
million for modifications to DARP aircraft, as follows:
(1) an increase of $60.0 million to reengine two
RC-135 aircraft;
(2) an increase of $12.0 million for U-2 aircraft
cockpit modernization;
(3) an increase of $10.0 million for U-2 aircraft
29-F radar warning receivers;
(4) an increase of $13.4 million for RC-135 Rivet
Joint QRCs;
(5) an increase of $5.0 million to upgrade the U-2
CDL;
(6) an increase of $17.3 million for TAWS for RC-
135 aircraft; and
(7) an increase of $4.0 million for senior year
electro-optic reconnaissance system (SYERS)
improvements for U-2 aircraft.
F-16 aircraft post production support
The budget request included $30.0 million for post
production support for the F-16 aircraft.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $20.0
million for four additional improved avionics intermediate
shops (IAISs).
The conferees agree to authorize an increase of $20.0
million for four additional IAISs.
Passenger safety modifications
The budget request included $29.6 million for global air
traffic management (GATM) modifications for the C-135 aircraft,
but included no GATM modification funds for the E-4 or C-20
aircraft. The budget request also included $35.7 million for
the procurement and installation of the terrain awareness and
warningsystem (TAWS) modification for the C-135, KC-10, and C-
20 aircraft, but included no TAWS modification funds for the T-43
aircraft.
The Senate bill would authorize an increase of $23.0
million for GATM modifications for the E-4, C-20, and C-135
aircraft. The Senate bill would also authorize an increase of
$7.9 million for the TAWS modification for the T-43 and C-20
aircraft.
The House amendment would authorize an increase of $45.3
million for the TAWS modification for the T-43, KC-10, C-20,
and C-135 aircraft.
The conferees agree to authorize an increase of $63.0
million for passenger safety modifications, as follows:
(1) an increase of $23.0 million for GATM modifications
for the E-4, C-20, and C-135 series aircraft; and
(2) an increase of $40.0 million for the TAWS
modification for the T-43, KC-10, C-20, and C-135 series
aircraft.
Overview
The budget request for fiscal year 2000 included an
authorization of $419.5 million for Ammunition Procurement, Air
Force in the Department of Defense.
The Senate bill would authorize $411.8 million.
The House amendment would authorize $560.5 million.
The conferees recommended an authorization of $467.5
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
Practice bombs
The budget request included $24.3 million for practice
bombs.
The Senate bill would authorize $24.3 million for
practice bombs.
The House amendment would authorize $47.5 million for
practice bombs.
The conferees agree to authorize $24.3 million for
practice bombs. Of the amount recommended for practice bombs,
the conferees expect $6.0 million to be designated for MK-84
(BDU-56) cast ductile iron practice bombs.
Overview
The budget request for fiscal year 2000 included an
authorization of $2,359.6 million for Missile Procurement, Air
Force in the Department of Defense.
The Senate bill would authorize $2,389.2 million.
The House amendment would authorize $2,303.7 million.
The conferees recommended an authorization of $2,395.6
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
AGM-65 modifications
The budget request included $2.8 million to modify AGM-
65G Maverick missiles to the AGM-65K configuration.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $10.0
million to modify AGM-65B Maverick missiles to the AGM-65H and
AGM-65K configurations.
The conferees agree to authorize an increase of $10.0
million to modify AGM-65B Maverick missiles to the AGMH and
AGM-65K configurations.
Overview
The budget request for fiscal year 2000 included an
authorization of $7,085.2 million for Other Procurement, Air
Force in the Department of Defense.
The Senate bill would authorize $7,142.2 million.
The House amendment would authorize $7,077.8 million.
The conferees recommended an authorization of $7,158.5
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
Air traffic control/land system
The budget request included $887,000 for air traffic
control and landing systems, but included no funds allocated
for mobile radar approach controls (RAPCONs) for the Air
National Guard (ANG).
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $24.0
million for the procurement of RAPCONs for the ANG.
The conferees agree to authorize an increase of $5.0
million for the procurement of mobile RAPCONs for the ANG.
Automatic data processing equipment
The budget request included $71.2 million for the
procurement of automatic data processing equipment.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $10.0
million for the spare parts production and reprocurement
system.
The conferees agree to authorize an increase of $10.0
million for the spare parts production and reprocurement
system.
C3 countermeasures
The budget request included $13.3 million for C3
countermeasures.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $3.0
million for secure terminal equipment.
The conferees agree to authorize $3.0 million for secure
terminal equipment.
Base Information Infrastructure
The budget request included $122.8 million for base
information infrastructure.
The Senate bill would authorize an increase of $34.0
million to procure hardware and software for computer network
defense, and network management systems.
The House amendment would authorize the budget request.
The conferees agree to authorize an increase of $30.0
million for base information infrastructure.
Tactical communications-electronics equipment
The budget request included $49.7 million for tactical
communications-electronics (C-E) equipment.
The Senate bill would authorize an increase of $36.1
million for tactical C-E, as follows:
(1) an increase of $13.9 million for theater
deployable communications (TDC) sets; and
(2) an increase of $22.2 million for the global
combat support system.
The House amendment would authorize an increase of $34.5
million for accelerating the procurement of TDC sets.
The conferees agree to authorize an increase of $34.5
million for TDC sets.
Radio equipment
The budget request included $16.7 million for radio
equipment.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $3.8
million to incorporate a high frequency electronic mail
capability into the Scope Command network.
The conferees agree to authorize an increase of $3.8
million to incorporate a high frequency electronic mail
capability into the Scope Command network.
Aircrew laser eye protection
The budget request included $3.6 million for personal
safety and rescue equipment, but contained no funds for aircrew
laser eye protection.
The Senate bill would authorize an increase of $2.4
million for the procurement of ALEP devices.
The House amendment would authorize an increase of $6.6
million for the procurement of ALEP devices.
The conferees agree to authorize an increase of $3.0
million for procurement of ALEP devices.
Mechanized material handling equipment
The budget request included $15.3 million for mechanized
material handling equipment.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $10.0
million for the supply asset tracking system.
The conferees agree to authorize an increase of $10.0
million for the supply asset tracking system.
Base procured equipment
The budget request included $14.0 million for base
procured equipment.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $2.0
million for base procured equipment to procure ultimate
building machines. The House amendment would also authorize an
increase of $5.0 million for material handling equipment to
procure master cranes.
The conferees agree to authorize an increase of $7.0
million in base procured equipment, with $2.0 million for
ultimatebuilding machines and $5.0 million for master cranes.
Base support equipment
The budget request included $22.5 million for items of
base support equipment less than $5.0 million.
The Senate bill and the House amendment would authorize
the budget request.
The conferees agree to authorize a decrease of $1.0
million due to reduced requirements for pallets.
Overview
The budget request for fiscal year 2000 included an
authorization of $2,129.0 million for Defense-wide Procurement
in the Department of Defense.
The Senate bill would authorize $2,293.4 million.
The House amendment would authorize $2,107.8 million.
The conferees recommended an authorization of $2,345.2
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
Advanced SEAL delivery system
The budget request included $21.5 million for procurement
of advanced SEAL delivery system (ASDS) components. An
additional $17.3 million was included for ASDS advanced
procurement requirements.
The Commander in Chief of United States Special
Operations Command has asked the conferees to reallocate
requested funding for the ASDS program. The conferees
understand the reallocation of funding is necessary for
additional support equipment, interim support spares, pre-
planned product improvements, and the complete data package for
system certifications previously deferred. The conferees agree
to support this request and reallocate funding as follows:
(1) A decrease of $9.3 million for ASDS advanced
procurement;
(2) A decrease of $13.8 million for ASDS
procurement;
(3) A decrease of $3.0 million for ASDS Operation
and Maintenance, Defense-Wide; and
(4) An increase of $26.1 million in PE 1160404BB,
Special Operations Tactical Systems Development.
The conferees continue to be very concerned about the
cost growth associated with this program, contractor
performance, and the elimination of critical development and
testing activities in an effort to mitigate rising costs. The
issues associated with the development of this program have yet
to be adequately addressed. The conferees are particularly
concerned with the level of oversight exercised over this
program to date, and agree to establish this program as an item
of special interest and will monitor the progress of this
program closely. The conferees direct the Commander in Chief of
the Special Operations Command to provide a report to the
congressional defense committees, no later than March 1, 2000,
that outlines the following:
(1) changes in requirements that have been made
since the last acquisition milestone;
(2) originally planned and/or programmed
development and testing activities that have been
modified or eliminated;
(3) program modifications and/or procurement
objectives that will have to be modified due to
unforseen cost growth;
(4) corrective actions to address program oversight
and cost growth issues;
(5) alternatives to the current baseline program
that would provide for increased program stability; and
(6) the analysis used to determine the future
operational suitability of ASDS without vessel shock
testing and an operational degaussing system offered in
the original contractor proposal.
The conferees recognize that there is no formal
requirement for shock testing and an operational degaussing
system, but are concerned that pressures associated with the
cost growth of this program may result in safety tradeoffs that
could put crewsneedlessly at risk. Finally, the conferees are
concerned that the Department may not have been providing adequate
supervision to this important acquisition program. The conferees
understand that the dollar value of this program may not meet the
normal thresholds that would automatically elevate this program to an
acquisition category requiring more direct involvement of the Under
Secretary of Defense for Acquisition and Technology. Nevertheless,
given the troubled history of this program, and the concern that this
program may not be out of difficulty yet, the conferees believe that
this program should be elevated to include a Department of Defense
level of review. If, after reviewing the situation, the Secretary of
Defense believes that such a change is not appropriate, he shall report
to the congressional defense committees on that determination of the
appropriate acquisition category for the ASDS program and any
justification for that decision. If the Secretary decides not to
elevate ASDS to include a DOD level of review, the conferees will
expect the justification to include more rationale rather than merely
mechanically applying dollar thresholds values to the ASDS funding
profile.
Special operations forces small arms and weapons
The budget request included $23.4 million for special
operations forces small arms and weapons.
The Senate bill would authorize an increase of $15.8
million, $9.8 million for the body armor load carriage system
and $6.0 million for the integrated day/night fire control
observer device (INOD).
The House amendment would authorize an increase of $7.0
million for Nightstar binoculars.
The conferees agree to authorize an increase of $12.0
million, $7.0 million for nightstar binoculars and $5.0 million
for INOD procurement, for a total authorization of $35.4
million.
Chemical and Biological Defense Program
The budget request included $716.9 million for the
Chemical and Biological Defense Program (CBDP). The request
includes $377.4 million for procurement and $339.5 million for
research and development.
The Senate bill would authorize increases for the
following chemical and biological defense program activities:
$15.0 million in the Joint Service Lightweight Integrated Suit
Technology program; $3.9 million in the M45 General Aviation
Mask; $1.5 million in the Modular Decontamination Systems
program; $5.0 million in PE 62384BP for Safeguard; $10.0
million in the M93 FOX NBC Reconnaissance Vehicle; $4.0 million
in PE 63384BP for the Chemical and Biological Individual
Sampler; and, $5.2 million in PE 63384BP for the Small Unit
Biological Detector program.
The House amendment would authorize an increase of $3.5
million in PE 61384BP and an increase of $5.5 million in PE
62384BP to accelerate basic and applied research in advanced
technologies for chemical and biological point detectors, an
increase of $1.0 million in PE 61384BP for basic research in
organic and inorganic optical computing device materials for
use in standoff sensors for detection and identification of
chemical agents, and an increase of $4.0 million in PE 62384BP
to continue the Safeguard technology development and
demonstration program.
The conferees agree to authorize: an increase in PE
61384BP of $1.0 million for optical computing device materials
and an increase of $3.5 million for chemical and biological
point detector technologies; an increase in PE 62384BP of $3.0
million for Safeguard and an increase of $4.5 million for
chemical and biological point detector technologies; an
increase of $1.0 million for procurement of protective masks;
and, an increase of $1.5 million in the Modular Decontamination
Systems program.
Section 1701 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103-160) requires that the
budget requests of the Department of Defense reflect a
coordinated and integrated chemical-biological defense program
for the military departments, that shall not be included in the
budget accounts of the military departments, but shall be set
forth as a separate account in the Department's budget. The
conferees remain concerned that the Defense Department
continues to request funding for chemical-biological defense
programs through other program elements or accounts. The
conferees note that the management of this program may be
stifled by the Administration's reluctance to nominate a
candidate for the statutorily required position of Assistant to
the Secretary of Defense for Nuclear, Chemical and Biological
Defense Programs. The conferees direct the Under Secretary of
Defense for Acquisition and Technology to ensure that all
research, development, and acquisition of chemical and
biological defense technologies and equipment are integrated,
coordinated, and that funding for such programs is requested in
the chemical-biological defense program.
Overview
The budget request for fiscal year 2000 included no
authorization for National Guard and Reserve Procurement in the
Department of Defense.
The Senate bill would authorize no funds.
The House amendment would authorize $60.0 million.
The conferees recommended an authorization of $60.0
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
items of special interest
Common rack and launcher test set
The conferees support Department of Defense efforts to
achieve support equipment commonality across the services and
note the recent demonstration of the capabilities of the Navy's
Common Rack and Launcher Test Set (CRALTS). The conferees
understand that the CRALTS is capable of replacing numerous
system-specific test sets currently in use for bomb racks,
missile launchers, and pylons.
As the CRALTS may have applicability to both the Army and
Air Force aviation communities, the conferees direct the
Secretaries of the Army and Air Force to evaluate the utility
of CRALTS for service requirements and report their findings to
the congressional defense committees by March 31, 2000.
legislative provisions adopted
Subtitle A--Authorization of Appropriations
Authorization of Appropriations (secs. 101-108)
The Senate bill contained provisions (secs. 101-107) that
would authorize the recommended fiscal year 2000 funding levels
for the Army, Navy, and Marine Corps, Air Force, Defense-Wide
Activities, Defense Inspector General, Chemical
Demilitarization Program, and the Defense Health Program.
The House amendment contained similar provisions.
The conference agreement includes these provisions.
Chemical demilitarization program (sec. 107)
The budget request for the Army included $1,169.0 million
for the chemical agents and munitions destruction program.
The Senate bill would authorize no funding for Chemical
Agents and Munitions Destruction, Army, but contained a
provision (sec. 106) that would authorize $1,164.5 million for
destruction of the lethal chemical agents and munitions
stockpile pursuant to section 1412 of the Department of Defense
Authorization Act for Fiscal Year 1986 (Public Law 99-45) and
U.S. chemical warfare material not covered by section 1412 of
the Act, a $4.5 million reduction to the budget request.
The House amendment would authorize no funding for
Chemical Agents and Munitions Destruction, Army, but contained
a provision (sec. 107) that would authorize $1,012.0 million
for the Department of Defense (DoD) for fiscal year 2000, a
reduction of $157.0 million to the budget request.
The conferees agree to a provision that would authorize
$1,024.0 million for the chemical agents and munitions
destruction program, including $294.0 million for research and
development, $191.5 million for procurement, and $538.5 million
for operations and maintenance.
Section 1521(f) of title 50, United States Code, requires
that funding for the chemical agents and munitions destruction
program, including funds for military construction projects,
shall be set forth in the budget of the Department of Defense
as a separate account, and shall not be included in the budget
accounts for any military department. The conferees note that
section 152 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261)
provides that funding for the chemical stockpile emergency
preparedness program will be contained in the budget of the
Department of Defense and will be made available to the Federal
Emergency Management Agency to implement its responsibilities
under the program. The conferees expect that the Secretary of
Defense will comply with these requirements in any future
budget request for the chemical agents and munitions
destruction program.
The conferees note the concerns expressed in the House
report accompanying H.R. 1401 (H. Rept. 106-162) and the Senate
report accompanying S. 1059 (S. Rept. 106-50) regarding the
total cost of the chemical demilitarization program, the
magnitude and complexity of the program, and the need to
proceed thoroughly and expeditiously to ensure that the
destruction of the stockpile is accomplished in a timely manner
using the appropriate destruction technologies.
The conferees note that concerns have been raised
regarding the management and execution of the chemical
demilitarization program which cited the presence of
unobligated and unexpended balances in program funding. A
recent program funding execution assessment by the DOD
Comptroller and a review by the General Accounting Office cite
that the reasons for the low expenditure rates have been beyond
the influence and control of the program office, and indicate
that no instances of inadequate program management controls or
gross violation of DOD financial regulations have been found.
The Comptroller's review indicates that $87.9 million in
program funding could be deferred to fiscal year 2001, but
concluded that the budgeted funds are needed to satisfy valid
program requirements and that any deferral of funds would
affect the ability of the program to meet the legislated
destruction-completion date of April 29, 2007. The
Comptroller's review further indicated that any funding
decrease for fiscal year 2000 would have to be added back in a
future budget. The conferees intend to continue to monitor
closely the management and execution of the program to ensure
its efficient execution and the availability of the funds
necessary to meet the objectives of the program.
Section 8065 of the Omnibus Consolidated Appropriations
Act for Fiscal Year 1997 (Public Law 104-208) required the
Secretary of Defense to identify and demonstrate not less than
two alternatives to the baseline incineration process for the
demilitarization of assembled chemical munitions. The conferees
expect that the Secretary will submit to the Congress in
September 1999 the results of an assessment of the
threealternative technologies that were previously selected for
demonstration under the Assembled Chemical Weapons Assessment (ACWA)
program. The conferees have been advised that the Department intends to
conduct evaluations of the three remaining alternative technologies in
the ACWA program in addition to the three technologies previously
selected for demonstration and to allocate for this purpose $40.0
million of the funds that had been identified for potential deferral.
The conferees recognize that the deferral and other
uncertainties in program funding create the potential for
additional funding requirements that may have to be addressed
during fiscal year 2000. As a part of a financial management
and program execution assessment conducted in accordance with
this Act, the conferees encourage the Secretary to identify
requirements for additional funds that may be required in
fiscal year 2000 to ensure execution of the program and to make
appropriate recommendations for reprogramming or other actions
necessary to provide those funds at the earliest opportunity.
The conferees underscore the concern that all necessary
funds should be made available to ensure that the chemical
demilitarization program is successfully completed within the
deadline established by the Chemical Weapons Convention.
Subtitle B--Army Programs
Multiyear procurement authority for Army programs (sec. 111)
The Senate bill contained a provision (sec. 111) that
would authorize the Secretary of the Army to enter into a
multiyear procurement contract for the M270A1 launcher, family
of medium tactical vehicles, Javelin missile system, AH-64
Apache Longbow helicopter, M1A2 Abrams system enhancement
program, and the M2A3 Bradley fighting vehicle.
The House amendment contained a similar provision (sec.
111) that would authorize the Secretary of the Army to enter
into a multiyear procurement contract for the Javelin missile
system, M2A3 Bradley fighting vehicle, AH-64 Apache Longbow
helicopter, and M1A2 Abrams main battle tank upgrade program.
The Senate recedes with an amendment that would authorize
the Secretary of the Army to enter into a multiyear procurement
contract for the Javelin missile system, AH-64 Apache Longbow
helicopter, M1A2 Abrams system enhancement program combined
with the Heavy Assault Bridge program, and the M2A3 Bradley
fighting vehicle.
Procurement requirements for the Family of Medium Tactical Vehicles
(sec. 112)
The House amendment contained a provision (sec. 113) that
would revise the conditions for award of a second-source
procurement contract for the family of medium tactical vehicles
(FMTV).
The Senate bill did not contain any similar provision.
The Senate recedes with an amendment that would repeal
section 112 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261) and
directs the Secretary of the Army to terminate the second
source procurement program and to use competitive procedures
for future production contracts.
The Army FMTV second source production program, phase II,
calls for a second source producer to build 588 vehicles to
demonstrate the ability of the manufacturer to produce FMTV
vehicles for the price specified in the contractor's proposal.
This program would allow the second source producer to propose
modifications to the existing vehicle design for future truck
production, while providing trucks with common components that
are interchangeable among similarly configured models, and to
provide these trucks at a lower price by reducing the cost of
vehicle components through innovative designs and
modifications.
The conferees are concerned that the Army has yet to
provide any substantive analysis justifying the second source
production program. While the Army has cited anecdotal examples
of other programs that have benefited from competition, it has
yet to provide any detailed analysis to support the assertion
that the second source program will produce substantial cost
savings in future production contracts. In fact, analysis
completed by the General Accounting Office (GAO), and a
separate review by the U.S. Army Cost and Economic Analysis
Center (USACEAC) on the Army proposed course of action have
suggested that achieving any savings through the second source
program will be very difficult. Unless the Army is committed to
increasing the level of funding associated with truck
production significantly, the conferees believe future budgets
will likely be unable to support two manufacturers. The
conferees note the following regarding the Army's second source
proposal:
(1) the FMTV program has suffered from low levels
of production which resulted in uneconomical production
rates;
(2) the history of Army truck production and
shortfalls in other Army modernization programs do not
suggest that the service will be able to add funding
for future truck production;
(3) the proposed second source competition will
stretch even further limited resources that would be
applied to two producers, resulting in even less
economical production rates.
The conferees are also concerned that a competition based
upon performance specifications may essentially abandon the
current 85 percent component commonality across the fourteen
FMTV variants achieved by adherence to a validated technical
data package (TDP). Failing to adhere to a TDP could result in
greater life cycle costs, thereby vitiating any production cost
savings achieved through competition. The conferees believe
that reducing maintenance and logistical burdens are critically
important and are concerned that competition tied to
aperformance specification in lieu of an approved technical data
package would increase those burdens. Unfortunately, previous Army
analysis of the proposed competition has ignored these potential added
costs.
The conferees direct the Secretary of the Army to develop
an acquisition strategy using competitive procedures for the
next FMTV production contract, and to cancel any solicitation
associated with the second source, phase II proposed contract
award. The conferees further direct the proposed acquisition
strategy include, but not be limited to the following:
(1) a validated FMTV TDP will serve as the baseline
for family of medium tactical vehicle configuration;
(2) competitors shall warrant to the government the
TDP for the vehicle they propose;
(3) any changes to the baseline will be subject to
first article testing in accordance with existing
performance, quality and environmental standards; and
(4) an estimation of life cycle costs as determined
by validated life cycle cost models will be given at
least equal weighting with other factors in the source
selection evaluation criteria for the competition.
The conferees expect the Secretary of the Army to develop
an acquisition strategy that ensures future procurements of
FMTV trucks meet or exceed the achieved capabilities of the
current fleet of vehicles while maintaining the maximum
domestic content that is practicable. The conferees direct the
Secretary to provide the proposed acquisition strategy to the
congressional defense committees, no later than January 15,
2000.
Army aviation modernization (sec. 113)
The Senate bill contained a provision (sec. 113) that
would direct the Secretary of the Army to submit to the
congressional defense committees a comprehensive plan for the
modernization of Army helicopter forces. The provision
established basic guidelines for Army aviation and directed
that current plans be revised to reflect the following:
(1) Restore the Apache Longbow program to reflect
filling the original objective of 747 aircraft and at
least 227 fire control radars. The program should
include a plan to qualify and train reserve component
pilots as augmentation crews in the AH-64D Apache
Longbow helicopters to insure 24-hour war fighting
capability in deployed attack helicopter units. The
program should field the number of AH-64D aircraft in
reserve component aviation units required to implement
this objective. The program should also include a plan
to retire all AH-1 Cobra attack helicopters still in
service as soon as practicable.
(2) Review the total requirements and acquisition
objective for the RAH-66 Comanche. Provide a revised
program that will field Comanche helicopters to the
planned aviation force structure, reflecting the
restoration of the Apache Longbow program to original
acquisition quantities. The committee is concerned with
the logic that calls for an increase in force structure
once these more capable aircraft are fielded. The Army
has decided to assume risk and field aviation units
with reduced numbers of current-capability
reconnaissance aircraft. The increased capability of
the Comanche, fielded on a one-to-one replacement
basis, will significantly reduce that risk. It is
unlikely that a greater than one-to-one replacement is
necessary or feasible. If the total requirement for
Comanche is reduced below what is currently programmed,
the Army should reorient program funding and fielding
plans to reflect program modifications.
(3) Establish a program to upgrade aging UH-1 Huey
aircraft. Total force requirements for UH-1 utility
helicopters must be revised to reflect both war
fighting and support requirements of the theater
commanders-in-chief.
(4) For requirements that cannot be met by UH-1
aircraft, identify additional UH-60 Blackhawk
requirements and an acquisition strategy to reflect
both war fighting and support requirements of the
theater commanders in chief. Establish a UH-60
modernization program to provide required enhancements
to existing aircraft.
(5) Maintain the schedule and funding for CH-47
Chinook helicopter service life extension effort.
(6) Establish an OH-58D Kiowa Warrior upgrade
program to ensure the viability of these aircraft until
they are retired from service.
(7) Provide a revised assessment of the Army's
present and future helicopter requirements and
inventory, including the number of aircraft, average
age of aircraft, availability of spare parts, flight
hour costs, roles and functions assigned to the fleet
as a whole and to its individual types of aircraft, and
the mix of active component aircraft and reserve
component aircraft in the fleet.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of the Army to expand the scope of the plan to
modernize Army helicopter forces.
The conferees continue to be concerned about the ability
of the Army to maintain the fleet of rotary wing aircraft that
is rapidly aging. A growing number of obsolescent parts are
affecting procurements of major end items, as well as
procurements of spare parts. The conferees note that the Senate
report S. 1059 (S. Rept. 106-50) accompanying the provision
directed the Army to address how it intends to identify the
extent of this problem over time, and address how the service
will deal with this issue as technology continues to evolve.
The conferees recognize that future transformation of the Army
and corresponding changes to force structure could result in a
different requirement for AH-64D Longbow aircraft. The
confereesbelieve, however, that any requirement for attack
helicopters should consist exclusively of AH-64D Longbow aircraft to
support operations and training commonality.
The conferees direct that not more than 90 percent of the
total of the amount appropriated pursuant to the authorization
of appropriations in section 101(2), Aircraft Procurement,
Army, may be obligated before the date that is 30 days after
the date on which the Secretary of the Army submits to the
congressional defense committees a revised comprehensive plan
for the modernization of the Army's helicopter fleet. The
Secretary of the Army shall design a plan that is complete, and
will be fully funded in future budget submissions.
Multiple Launch Rocket System (sec. 114)
The Senate bill contained a provision (sec. 114) that
would authorize the Army to make available $500,000 of funds
available under Missile Procurement, Army, to complete the
development of reuse and demilitarization tools and
technologies for use in the disposition of Army Multiple Launch
Rocket System rockets.
The House amendment contained no similar provision.
The House recedes.
Extension of pilot program on sales of manufactured articles and
services of certain Army industrial facilities without regard
to availability from domestic sources (sec. 115)
The Senate bill contained a provision (sec. 142) that
would extend authorization for the pilot program for Army
industrial facilities, which allows the Army to sell to
commercial entities articles or services that will ultimately
be incorporated into weapon systems procured by the Department
of Defense.
The House amendment contained a similar provision (sec.
112) that would also require an update of an Inspector General
report.
The Senate recedes.
Extension of authority to carry out Armament Retooling and
Manufacturing Support Initiative (sec. 116)
The Senate bill contained a provision (sec. 141) that
would extend the authorization of the Armament Retooling and
Manufacturing Support Initiative through fiscal year 2001.
The House amendment contained no similar provision.
The House recedes.
Subtitle C--Navy Programs
F/A-18E/F Super Hornet aircraft program (sec. 121)
The Senate bill contained a provision (sec. 125) that
would authorize the Secretary of the Navy to enter into a
multiyear procurement contract for the F/A-18E/F aircraft.
The House amendment contained a similar provision (sec.
121).
The Senate recedes with a clarifying amendment.
Arleigh Burke class destroyer program (sec. 122)
The Senate bill contained a provision (sec. 122) that
would authorize an extension of the 1997 multiyear
authorization to include the fiscal year 2002 and fiscal year
2003 DDG-51 procurements. The provision would also increase the
total number of ships authorized for multiyear procurement from
12 to 18. In addition the provision would authorize the
Secretary of the Navy to transfer up to $190.0 million for
fiscal year 2000 advance procurement and up to $371.0 million
for advance procurement in fiscal year 2001 for the ships
associated with the extension of the multiyear procurement.
The House amendment contained no similar provision.
The House recedes.
Repeal of requirement for annual report from shipbuilders under certain
nuclear attack submarine programs (sec. 123)
The Senate bill contained a provision (sec. 123) that
would repeal the requirement for an annual report on design
responsibility for the Virginia-class attack submarine program
by amending section 121(g) of the National Defense
Authorization Act for Fiscal Year 1997.
The House amendment contained no similar provision.
The House recedes.
LHD-8 amphibious assault ship program (sec. 124)
The Senate bill contained a provision (sec. 121) that
would authorize construction of LHD-8 and advance procurement
and construction of components for the LHD-8. The provision
would also authorize an increase of $375.0 million for these
purposes.
The House amendment contained no similar provision but
would authorize an increase of $15.0 million for advance
procurement for LHD-8.
The House recedes.
D-5 missile program (sec. 125)
The Senate bill contained a provision (sec. 143) that
would require the Secretary of Defense to prepare a report on
the D-5 missile program.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Subtitle D--Air Force Programs
F-22 aircraft program (sec. 131)
The Senate bill contained a provision (sec. 131) that
would require the Secretary of Defense to certify to the
congressional defense committees that the F-22 aircraft program
retains adequate test content and is projected to meet its
development and production cost caps prior to the Secretary of
the Air Force contracting for low rate initial production.
The House amendment contained no similar provision. The
House report accompanying H.R. 1401 (H. Rept. 106-162) would
direct the Secretary of the Air Force to provide a similar
certification.
The House recedes with a clarifying amendment that would
require a report if the Secretary of Defense is unable to make
the certifications. The conferees agree that the certification
by the Secretary of the Air Force identified in the House
report is no longer required.
Replacement options for conventional air-launched cruise missile (sec.
132)
The Senate bill contained a provision (sec. 227) that
would require the Secretary of the Air Force to submit to the
congressional defense committees a report on how the
requirement currently being met by the conventional air-
launched cruise missile will be met upon depletion of that
weapon system.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Procurement of firefighting equipment for the Air National Guard and
the Air Force Reserve (sec. 133)
The House amendment contained a provision (sec. 152) that
would authorize the Secretary of the Air Force to make
available up to $16.0 million of funds available under section
103, for the purpose of modernizing airborne firefighting
capabilities of the Air National Guard and Air Force Reserve.
The Senate bill contained no similar provision.
The Senate recedes.
F-16 tactical manned reconnaissance aircraft (sec. 134)
The conferees agree to a new provision that would exempt
funds authorized in this Act for the medium altitude electro-
optic (MAEO) reconnaissance cameras from limitations imposed in
section 216 of the National Defense Authorization Act for
Fiscal Year 1997.
Subtitle E--Chemical Stockpile Destruction Program
Destruction of existing stockpile of lethal chemical agents and
munitions (sec. 141)
The House amendment contained a provision (sec. 141) that
would require the Secretary of Defense to conduct an assessment
of the chemical agents and munitions stockpile destruction
program and authorize the Secretary to take those actions
permitted under existing law to achieve the purposes of the
assessment and would direct the Secretary to recommend any
additional legislative authority that may be needed.
The House provision would amend paragraph 1412(c)(2) of
the National Defense Authorization Act for Fiscal Year 1986
(Public Law 99-145) to provide that facilities constructed to
carry out the chemical stockpile destruction program shall be
disposed of in accordance with the law and site-specific,
mutual agreements between the Secretary of the Army and the
governor of the state in which the facility is located.
Lastly, the provision would amend subsection 1412(c) to
allow non-stockpile chemical agents, munitions, or related
materials specifically designated by the Secretary of Defense
to be destroyed at stockpile facilities if the affected states
have issued the appropriate permits. The conferees expect that
site specific decisions of the type indicated would be arrived
at in accordance with review processes that permit the views of
the local jurisdictions to be considered.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Comptroller General to conduct a review and assessment of
the chemical agents and munitions destruction program and to
report the results of this assessment to the congressional
defense committees not later than March 1, 2000.
Comptroller General report on anticipated effects of proposed changes
in operations of storage sites for lethal chemical agents and
munitions. (sec. 142)
The Senate bill contained a provision (sec. 1027) that
would require the Comptroller General to review the Army's
plans to reduce the federal civilian workforce involved in the
operation of the eight storage sites for lethal chemical agents
and munitions in the continental United States and to convert
to contractor operation of the storage sites.
The House amendment contained no similar provision.
The House recedes.
legislative provisions not adopted
Alternative technologies for destruction of assembled chemical weapons
The House amendment contained a provision (sec. 142) that
would direct and establish conditions for the transfer of
management oversight responsibility for the Assembled Chemical
Weapons Assessment program from the Under Secretary of Defense
for Acquisition and Technology to the Secretary of the Army.
The Senate bill contained no similar provision.
The House recedes.
Close combat tactical trainer program
The Senate bill contained a provision (sec. 112) that
would restrict funding for the close combat tactical trainer
(CCTT) until the Secretary of the Army provided a report to the
congressional defense committees that CCTT reliability issues
identified by the Director, Operational Test and Evaluation,
had been resolved.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note recent testing reports that indicate
favorable resolution of reliability issues.
Defense Export Loan Guarantee program
The House amendment contained a provision (sec. 109) that
would authorize $1.3 million for the Defense Loan Guarantee
program.
The Senate bill contained no similar provision.
The House recedes.
Cooperative engagement capability
The Senate bill contained a provision (sec. 124) that
would prohibit the procurement and installation of cooperative
engagement capability (CEC) equipment for other than new
construction or land based test facilities until the completion
of operational test and evaluation (OT&E;).
The House amendment contained a provision (sec. 153) that
would authorize the Navy to procure and install CEC equipment
into commissioned vessels, shore facilities, and aircraft prior
to completion of OT&E; of shipboard CEC to ensure fielding of a
battle group with fully functional CEC by fiscal year 2003. The
provision would also authorize an increase of $22.0 million for
E-2C aircraft modification for CEC equipment and authorize a
decrease of $22.0 million in shipboard information warfare
exploit systems procurement.
Both the Senate and House recede from their provisions.
Limitation on expenditures for satellite communications
The House amendment contained a provision (sec. 151) that
would limit funds for the procurement of satellite
communications devices until such time as they are tested and
proven not to interfere with collocated global positioning
satellite receivers.
The Senate bill contained no similar provision.
The House recedes.
Title II--Research, Development, Test, and Evaluation
Research, Development, Test, and Evaluation Overview
The budget request for fiscal year 2000 included an
authorization of $34,375.2 million for Research and Development
in the Department of Defense.
The Senate bill would authorize $35,865.9 million.
The House amendment would authorize $35,835.7 million.
The conferees recommended an authorization of $36,266.5
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
Overview
The budget request for fiscal year 2000 included an
authorization of $4,426.2 million for Army, Research and
Development in the Department of Defense.
The Senate bill would authorize $4,695.9 million.
The House amendment would authorize $4,708.2 million.
The conferees recommended an authorization of $4,791.2
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
Global positioning system-inertial measurement unit integration
The budget request included $32.9 million in PE 62303A
for missile technology, but included no funding for global-
positioning system-inertial measurement unit (GPS-IMU) chip
level integration.
The Senate bill would authorize the budget request.
The House amendment would authorize $1.0 million in PE
62120A for GPS-IMU chip level integration.
The conferees agree to authorize an increase of $1.0
million in PE 62303A for GPS-IMU chip level integration.
Combat vehicle and automotive technology
The budget request included $39.8 million in PE 62601A
for combat vehicle and automotive technology.
The Senate bill would authorize an increase of 6.5
million in PE 62601A, as follows: $3.5 million for smart truck
and $3.0 million for university partnering for operational
support.
The House amendment would authorize an increase of $24.5
million: $12.0 million for future combat vehicle; $2.5 million
for full spectrum active protection; and $10.0 million for
alternative vehicle propulsion.
The conferees agree to authorize an increase of $16.0
million: $2.5 million for full spectrum active protection;
$10.0 million for alternative vehicle propulsion; and $3.5
million for smart truck. The conferees agree to authorize an
increase of $3.0 million for university partnering for
operational support in PE 62784A and $12.0 million for the
future combat vehicle in PE 63004A and PE 63005A, as discussed
elsewhere in this conference report.
Human factors engineering technology
The budget request included $16.4 million in PE 62716A
for human factors engineering technology.
The Senate bill would authorize an increase of $1.8
million in PE 62716A for medteams.
The House amendment would authorize an increase of $3.4
million for medteams.
The conferees agree to authorize an increase of $3.4
million to complete the medteams program. The conferees
understand that this program will be used not only for Army
medical response units but also for similar programs at
civilian hospitals. To the extent that programs and technology
developed at government expense are sold to the private sector,
the conferees direct the Army to utilize the authority provided
in section 2371 of title 10 and section 3710a of title 15,
United States Code, to enter appropriate licensing agreements
or otherwise seek appropriate recovery of funds.
Environmental quality technology
The budget request included $12.8 million in PE 62720A
for environmental quality technology, but included no funding
for the plasma energy pyrolysis system (PEPS) or the Texas
Regional Institute for Environmental Studies (TRIES).
The House amendment would authorize an increase of $3.0
million to complete development of the TRIES computer-based
land management model.
The Senate bill would authorize an increase of $8.0
million to continue development, demonstration, and validation
of the PEPS for the destruction of hazardous waste, with the
primary focus on achieving demonstration and validation of a
mobile system. The purpose of PEPS is to develop an
incineration process for hazardous waste disposition, which
minimizes toxic air emissions and the disposal of ash
contaminated with heavy metals.
The conferees agree to authorize an increase of $3.0
million for TRIES and an increase of $8.0 million to continue
the development, demonstration, and validation of PEPS, and to
complete the demonstration and validation of a mobile system.
In relation to these increases to the budget, the conferees
expect that the Secretary of the Army will ensure that the
additional funds for TRIES will be used to complete development
of the land management model and that appropriate performance
criteria are established for the PEPS mobile system.
Combat vehicle and automotive advanced technology
The budget request included $90.9 million in PE 63005A
for research and development associated with combat vehicle and
automotive technology.
The Senate bill would authorize an increase of $10.0
million in PE 63005A to support an Army initiative to develop a
future combat vehicle.
The House amendment would authorize an increase of $2.0
million in PE 63005A to develop combined turbine diesel engine
technology and $12.0 million in PE 62601A to support the Army
initiative to develop a future combat vehicle.
The conferees agree to authorize an increase of $12.0
million in PE 63005A for a total authorization of $102.9
million. Of this amount, $10.0 million is authorized to support
the future combat vehicle initiative and an additional $2.0
million is to support combined turbine diesel engine technology
development. In addition, the conferees agree to authorize an
increase of $2.0 million in PE 63004A for weapons system
advanced technology for the Army future combat vehicle.
Landmine warfare/barrier-advanced development
The budget request included $4.1 million for Landmine
Warfare/Barrier advanced development and $40.9 million for
engineering development.
The Senate bill and the House amendment would authorize
thebudget request.
The conferees agree to authorize a transfer of $10.4
million for engineering development of the Handheld Standoff
Mine Detection System in PE 64808A/D415 to advanced development
PE 63619A/D606.
Weapons and munitions--advanced development
The budget request included $1.8 million to develop
future generation weapons and munitions.
The Senate bill would authorize an increase of $14.8
million for the objective individual combat weapon (OICW)
advanced development effort for this program. This increase
would be offset by a corresponding decrease in the engineering
development program in the budget request to support Army
restructuring of the overall OICW program.
The House amendment would authorize the budget request.
The conferees agree to authorize an increase of $14.8
million in PE 63802A for the advanced development effort for
OICW and a corresponding decrease in PE 64802A of $14.8 million
for the engineering development program.
Comanche
The budget request included $427.1 million in PE 64223A
to continue development of the Comanche helicopter.
The Senate bill and the House amendment would authorize
an increase of $56.0 million in PE 64223A to accelerate flight
testing of the second Comanche prototype aircraft and
development of the mission equipment package.
The conferees agree to authorize an increase of $56.0
million in PE 64223A for the Comanche program to accelerate
flight testing of the second prototype aircraft and development
of the mission equipment package.
Combat feeding, clothing, and equipment
The budget request included $110.8 million for combat
feeding, clothing and equipment requirements.
The Senate bill would authorize the budget request.
The House amendment would authorize the budget request.
The conferees agree to authorize a decrease of $26.5
million in PE 64713A for Land Warrior program.
Multiple launch rocket system product improvement program
The budget request included $36.5 million in PE 63778A to
support improvements to the multiple launch rocket system.
The Senate bill would authorize an increase of $30.6
million in PE 63778A to accelerate development of the high
mobility artillery system (HIMARS).
The House amendment would authorize an increase of $30.9
million in PE 63778A for HIMARS development.
The conferees agree to authorize an increase of $30.9
million in PE 63778A to accelerate development of the HIMARS
system.
Aircraft modifications/product improvement programs
The budget request included $51.6 million to support
improvements to Army aircraft.
The Senate bill would authorize an increase of $31.4
million to support the Blackhawk helicopter service life
extension (SLEP) effort.
The House amendment would authorize the budget request.
The conferees agree to authorize an increase of $15.0
million in PE 23744A for the Blackhawk SLEP program.
Force XXI Battle Command, Brigade and Below
The budget request included $44.2 million to continue the
development effort of Force XXI Battle Command, Brigade and
Below (FBCB2) requirements.
The Senate bill would authorize the transfer of $21.7
million from Other Procurement, Army, Maneuver Control System,
to support additional development requirements for the FBCB2
program.
The House amendment would authorize the budget request.
The conferees agree to authorize the transfer of $21.7
million from other procurement, Army, to PE 23759A for the
FBCB2 program to meet emerging research and development
requirements.
Overview
The budget request for fiscal year 2000 included an
authorization of $7,984.0 million for Navy, Research and
Development in the Department of Defense.
The Senate bill would authorize $8,207.6 million.
The House amendment would authorize $8,358.5 million.
The conferees recommended an authorization of $8,362.5
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
Free electron laser
The budget request included no funding for the free
electron laser.
The Senate bill would authorize an increase of $10.0
million in PE 62270N for the free electron laser program.
The House amendment would authorize an increase of $7.0
million for the free electron laser, including $4.0 million in
PE 65605A and $3.0 million in PE 62111N.
The conferees agree to authorize an increase of $10.0
million in PE 62270N for the free electron laser program. The
conferees further direct the Secretary of Defense to review the
free electron laser program for inclusion in the Department of
Defense laser master plan developed pursuant to section 251 of
this Act.
Precision strike and air defense technology
The budget request included $52.6 million in PE 63238N
for precision strike and air defense technology.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $2.7
million in PE 63792N for risk reduction for the Claymore Marine
advanced technology demonstration.
The conferees agree to authorize an increase of $2.7
million in PE 63238N for evaluation of potential applications
of hybrid lidar/radar technology and risk reduction in the
Claymore Marine demonstration as recommended in the House
report accompanying H.R. 1401 (H. Rept. 106-162).
Command and control warfare replacement aircraft
The budget request included no funds for an analysis of
alternatives to refine the requirement for a command and
control warfare (C2W) aircraft that would replace the EA-6B.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $5.0
million to initiate the analysis of alternatives for a C2W
replacement for the EA-6B aircraft.
The conferees agree to authorize an increase of $5.0
million to initiate a joint service (Navy/Air Force) analysis
of alternatives for a C2W replacement for the EA-6B aircraft.
The conferees further direct the Secretary of the Navy to
establish a separate concept exploration/product definition and
risk reduction program element for the program.
Tri-service software program managers network
The budget request included no funding for the tri-
service software program managers network (SPMN).
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $4.5
million in PE 63XXXN for the SPMN.
The conferees agree to authorize an increase of $2.0
million in PE 63XXXN for the SPMN.
Common towed array, affordable advanced acoustical arrays
The budget request included $115.8 million in PE 63561N
for advanced submarine combat systems development, including
towed sonar arrays for surface ships and submarines. The budget
request did not include funds in PE 63504N for sonar arrays.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $10.0
million in PE 63561N to accelerate the development and
transition of all-optical array and other key enabling
technologies to advanced towed, hull-mounted, and distributed
acoustical array systems.
The conferees agree to authorize $5.0 million in PE
63561N to accelerate the development and transition of all-
optical array and other key enabling technologies to advanced
towed, hull-mounted, and distributed acoustical array systems.
In addition, the conferees agree to authorize an increase of
$3.2 million in PE 63504N for the common towed array program.
Trident SSGN design
The budget request included no funding for the design of
a conversion to modify some of the Ohio class Trident ballistic
missile submarines (SSBN) to a nuclear-powered guided-missile
submarine (SSGN) configuration.
The Senate bill would authorize an increase of $13.0
million in PE 63563N to begin design activity for converting
some Trident SSBNs to an SSGN-configuration.
The House amendment would authorize the budget request.
The conferees note that section 1302 of the National
Defense Authorization Act for 1998 (Public Law 105-85), as
amended by section 1501 of the National Defense Authorization
Act for Fiscal Year 2000, limits the expenditure of funds for
the retirement of any of the 18 Trident SSBNs and other
strategic nuclear systems unless START II enters into force, or
the President makes certain certifications regarding these
systems. The conferees further note the statement of managers
accompanying the Strom Thurmond National Defense Authorization
Act for 1999 (H. Rept. 105-736) required the Department of
Defense (DOD) to submit a report on the potential SSBN-to-SSGN
conversion no later than March 1, 1999. Both the Senate report
accompanying S.1059 (S. Rept 106-50) and the House report
accompanying H.140 (H. Rept. 106-162) noted that the Department
had been negligent in meeting the required reporting deadline.
The conferees agree to authorize an increase of $13.0
million in PE 63563N to preserve the option for converting four
SSBNs.
Subsequent to passage of both the Senate bill and the
Houseamendment, the Office of the Secretary of Defense (OSD)
submitted the SBN-to-SSGN report, which noted the following:
(1) A force of 14 Ohio class SSBN is sufficient to
meet U.S. national security requirements under START
II, and four of the 18 SSBNs now operating will not be
needed to support operational strategic nuclear
missions. Therefore, current DOD plans include
inactivating the four oldest Trident SSBNs in fiscal
years 2003 and 2004, when they would otherwise have
been scheduled for refueling and overhaul.
(2) The Department has not budgeted nor programmed
any funds for conversion of SSBNs to SSGNs.
(3) A comprehensive analysis of any potential
additional contribution that SSGNs could provide
relative to current and programmed capabilities is
necessary to reach definitive conclusions regarding the
SSGNs' cost and operational effectiveness.
(4) The net cost of converting four SSBNs to SSGN
configuration is estimated at $1.6 billion, exclusive
of reactor core cost. Compliance with START I
Conversion or Elimination (C/E) protocols would
increase the cost to between $2.7 billion and $3.2
billion, exclusive of reactor core costs.
(5) Preliminary design work on a conversion must
commence three years in advance of a conversion start
date, and detail design and pre-conversion fabrication
must commence two years in advance of a conversion
start date.
(6) Conversion must be consistent with U.S.
obligations under the current START I Treaty, the
pending START II Treaty, and a planned future START III
Treaty.
(7) Areas that require additional study or analysis
to better understand the implications and benefits of
the SSBN-to-SSGN conversion include: arms control
issues (including the cost of compliance with START I
C/E protocols, and the effects of SSGN conversion on
nuclear force structure under future nuclear arms
control treaties), attack of time critical targets, in-
theater SSGN configuration changes, Special Operations
Forces call-for-fire support, and Tomahawk inventory
requirements.
If the decision is made to retire SSBN submarines as a
result of arms control agreements, the conferees believe that
DOD should consider the one time, near-term opportunity Trident
SSBN-to-SSGN conversion presents to the United States. The
conferees believe, however, that DOD needs to complete the
studies and analysis identified in items (3) and (7) above
before committing to a full conversion program. The conferees
direct the Secretary of Defense to initiate the arms control
studies and cost and operational effectiveness analysis
required to provide the basis for a defense acquisition
milestone decision to proceed with an SSBN-to-SSGN conversion
program.
Because preliminary design work must begin three years
before the start of any conversion program as noted in the
Department's report, the conferees agree to authorize an
increase of $13.0 million in PE 63563N to preserve the option
for converting the four SSBNs. The conferees emphasize these
actions should be consistent with the requirements in this Act
and should not detract in any way from the overall U.S.
deterrent posture.
In a related matter, the Defense Department has been
stating to Congress that it would conclude a review of
requirements for attack submarine forces since last year. The
conferees direct the Secretary of Defense to report to the
congressional defense committees not later than February 1,
2000, the results of this ongoing study/review of attack
submarine force structure established by the Quadrennial
Defense Review. The conferees note that a Trident submarine
converted to SSGN configuration could be capable of supporting
the attack submarine force in performing a number of missions
for the regional commanders in chief. The conferees direct the
Secretary to include in his report the implications for meeting
attack submarine requirements of converting 4 SSBNs to the SSGN
configuration.
Navy common command and decision system and upgrading fleet systems
The budget request included $46.7 million in PE 63582N
for combat systems integration demonstration and validation.
The Senate bill would authorize an increase of $5.0
million for continuation and completion of a small business
innovative research (SBIR) project for the common command and
decision system as a pre-planned product improvement (P3I) to
the AEGIS Weapon System and the Mk 2 Ship Self-Defense System
(SSDS).
The House amendment would authorize an increase of $3.0
million to support implementation of the commercial-off-the-
shelf (COTS) insertion intiative in upgrading fleet systems.
The conferees agree to authorize an increase of $8.0
million including $5.0 million for continuation and completion
of a (SBIR) project for the common command and decision system
and $3.0 million to support implementation of the COTS
insertion intiative in upgrading fleet systems.
Environmentally safe energetics materials
The budget request included $34.3 million in PE 63609N
for the development and demonstration of improvements in Navy
conventional munitions. No funds were requested to continue the
program for development of environmentally safe energetic
materials.
The House amendment would authorize an increase of $2.0
million in PE 63609N to continue the development of
environmentally safe energetic materials.
The Senate bill would authorize the budget request.
The conferees agree to authorize an increase of $2.0
million in PE 63609N. The conferees note that this is the
second year that this program element has received additional
funds for development of environmentally safe energetics. It is
expectedthat the Navy will ensure adequate funding in the
budget process to support this area of concern.
Marine Corps assault vehicles
The budget request included $94.8 million to continue
development of the advanced amphibious assault vehicle (AAAV)
for the Marine Corps.
The Senate bill would authorize an increase of $26.4
million to support acceleration of this critical effort.
The House amendment would authorize an identical
increase.
The conferees agree to authorize an increase of $26.4
million in PE 63611M to support acceleration of efforts to
develop and field the AAAV and to achieve program schedule and
risk mitigation objectives.
Aviation depot maintenance technology
The budget request included $70.8 million in PE 63721N
for environmental protection.
The House amendment would authorize an increase of $3.0
million in PE 63721N to complete the program for demonstration
of advanced maintenance technologies for removal of coatings
from large aircraft, cleaning and stripping of metal surfaces,
and application of tungsten carbide coatings to aircraft
landing gear and hydraulic components.
The Senate bill would authorize the budget request.
The conferees agree to authorize an increase of $3.0
million in PE 63712N to complete the demonstration program, as
recommended in the House report accompanying H.R. 1401 (H.
Rept. 106-162).
Proximity fuzing for dual-purpose improved conventional munition
submunitions
The budget request included $39.9 million in PE 63004A
for the Army's weapons and munitions advanced technology
development program and $101.5 million in PE 63795N for the
Navy's land attack technology development program.
The House amendment would authorize an increase of $2.5
million in PE 63004A and an increase of $2.5 million in PE
63795N to establish a joint Army/Navy program to develop a
proximity fuse for dual purpose improved conventional munitions
(DPICM).
The Senate bill would authorize the budget request.
The conferees authorize an increase of $2.0 million in PE
63795N to establish a program to develop a proximity fuse for
the DPICM submunition. The conferees encourage the Secretary of
the Army and the Secretary of the Navy to establish a joint
Army/Navy DPICM development program. The conferees direct the
secretaries to report jointly to the congressional defense
committees by March 1, 2000, their plans for such a program or
the reasons why a joint program is not advisable.
Parametric airborne dipping sonar
The budget request included no funding for the parametric
airborne dipping sonar (PADS).
The Senate bill would authorize an increase of $15.0
million in PE 64212N for the continued development of PADS for
mine and submarine warfare.
The House amendment would authorize the budget request
and would state the committee's belief that demonstrations of
the PADS prototype technology against a submarine target must
be completed before any decision is made to continue with a
development program for PADS.
The conferees agree to authorize an increase of $15.0
million in PE 64212N for the continued development of PADS for
mine and submarine warfare.
S-3B surveillance system upgrade
The budget request included $2.1 million in PE 64217N for
development of weapons systems improvements for the S-3B
aircraft.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $7.0
million for the surveillance system upgrade (SSU) program.
The conferees agree to authorize an increase of $5.0
million in PE 64217N for the S-3B SSU program.
H-1 upgrades
The budget request included $157.7 million to support H-1
upgrade requirements.
The Senate bill would authorize an increase of $26.6
million to maintain the current development and fielding
schedule for the Marine Corps four-bladed November/four-bladed
Whiskey (4BN/4BW) helicopter upgrade program.
The House amendment would authorize an identical
increase.
The conferees agree to authorize an increase of $26.6
million in PE 64245N to support the current development and
fielding schedule of the 4BN/4BW program.
Electronic warfare development
The budget request included $163.1 million in PE 64270N
for electronic warfare development.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $6.0
million to continue the development and evaluation of a state-
of-the-art precision surveillance and targeting system for
location of global positioning system jammers (LOCO GPSI).
The conferees agree to authorize an increase of $4.5
million in PE 64270N to continue the development and evaluation
of the LOCO GPSI system.
Multi-Purpose Processor
The budget request included $48.9 million in PE 64503N
for various submarine development efforts, including $40.0
million for sonar improvements.
The Senate bill would authorize an increase of $11.0
million in PE 64503N for continuation of the small business
innovative research (SBIR) follow-on for advanced development
of multi-purpose processor (MPP) transportable software
technology, technology insertion, advanced processor software
builds, and for providing MPP units and training throughout the
fleet and the Navy research and development community.
The House amendment would authorize the budget request
for the submarine sonar improvement program and continued
funding support for the development of advanced MPP acoustics
signal processing technologies as an integral part of the
Navy's sonar improvement research and development program.
The conferees agree to authorize an increase of $11.0
million in PE 64503N for continuation of the small business
innovative research (SBIR) follow-on for advanced development
of multi-purpose processor (MPP) transportable software
technology, technology insertion, advanced processor software
builds, and for providing MPP units and training throughout the
fleet and the Navy research and development community.
NULKA anti-ship missile decoy system
The budget request included $1.4 million in PE 64755N for
continued development and testing of the NULKA active
countermeasures decoy.
The Senate bill would authorize an increase of $4.4
million in PE 64755N to complete the development and
operational testing of the dual band, spatially distributed
infrared signature payload upgrade.
The House amendment would authorize the budget request.
The conferees agree to authorize an increase of $4.4
million in PE 64755N to complete the development and
operational testing of the dual band, spacially distributed
infrared signature payload upgrade.
Advanced deployable system
The budget request included $14.9 million for advanced
deployable system (ADS) research and development in PE 64784N.
The Senate bill would authorize an increase of $22.0
million to complete development of the ADS one year ahead of
the schedule proposed in the budget request.
The House amendment would authorize an increase of $19.0
million in PE 64784N including $8.0 million for the continued
application of remote-powered fiber optic sensor technologies
for fixed distributed system (FDS) acoustic arrays and $11.0
million for the development of improved detection and tracking
algorithms to provide increased automation for the ADS and an
interface among it, the global command and control system
(GCCS), and other network centric warfare systems.
The conferees agree to authorize an increase $22.0
million in PE 64784N.
Battle force tactical training
The budget request included $4.3 million in PE 24571N for
the surface tactical team trainer (STTT). The STTT is
designated to further develop an existing system, the battle
force tactical training (BFTT) system, so it will be able to
provide joint warfare training.
The Senate bill would authorize an increase of $7.5
million in PE 24571N for the purpose of small business
innovative research (SBIR) phase III follow-on work to continue
the BFTT operating system conversion.
The House amendment would authorize the budget request.
The conferees agree to authorize an increase of $7.5
million in PE 24571N for SBIR phase III follow-on work to
continue the BFTT operating system conversion.
Tactical unmanned aerial vehicles
The budget request included $69.7 million in PE 35204N
for development of tactical unmanned aerial vehicles (UAVs). No
funding was included for the operation of the Army's UAV
systems integration laboratory (SIL), to continue development
of the multiple UAV simulation environment (MUSE), or to
continue development of the multi-function self-aligned gate
(MSAG) active antenna array technology.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $6.0
million, as follows:
(1) an increase of $3.0 million for the tactical
control system (TCS) ground station; and
(2) an increase of $3.0 million for (MSAG) active
antenna array.
The House amendment would also shift $4.5 million of TCS
software development and maintenance efforts to fund the SIL.
The conferees agree to authorize an increase of $6.0
million in PE 35204N, $3.0 for the TCS ground station and $3.0
million for MSAG.
The conferees reiterate their support for the operation
of the SIL and continued development of the MUSE. The conferees
also believe the SIL and MUSE support all service UAV
developments and exercise support, and therefore all services
should support their operation. The conferees understand that
$1.5 million of the fiscal year 2000 TCS request is to fund SIL
developments supporting the TCS program. The conferees expect
the Department to fund any remaining fiscal year 2000 and
future year requirements. Elsewhere in this report, the
conferees have recommended shifting $45.9 million from Army
procurement of tactical UAVs to research and development of
tactical UAVs. The conferees encourage the Army to use SIL/MUSE
support in executing the Army's fiscal year 2000 tactical UAV
development effort.
The conferees direct the Assistant Secretary of Defense
for Command, Control, Communications, and Intelligence to
provide a report to the congressional defense and intelligence
committees, no later than November 15, 1999, on how the
Department intends to support high priority SIL and MUSE
efforts in fiscal year 2000.
Overview
The budget request for fiscal year 2000 included an
authorization of $13,077.8 million for Air Force, Research and
Development in the Department of Defense.
The Senate bill would authorize $13,573.3 million.
The House amendment would authorize $13,212.7 million.
The conferees recommended an authorization of $13,630.1
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
Human effectiveness applied research
The budget request included $51.5 million in PE 62202F
for human effectiveness applied research.
The Senate bill would authorize an increase of $2.0
million for the solid electrolyte oxygen separator in PE
62203F.
The House amendment would authorize an increase of $10.8
million for crew safety technology, with an emphasis on the
importance of research in altitude protection and the ability
to effectively operate aircraft during long periods of
sustained operations.
The conferees agree to authorize an increase of $12.8
million in PE 62202F; $10.8 million for crew safety technology
to include oxygen research, sustained operations, spatial
disorientation, altitude protection, and space training, and
$2.0 million for the solid state electrolyte oxygen separator.
Aerospace propulsion
The budget request included $62.0 million in PE 62203F
for aerospace propulsion.
The Senate bill would authorize an increase of $2.8
million in PE 62203F, including $775,000 for science and
engineering and $2.0 million for solid state electrolyte oxygen
generator.
The House amendment would authorize the budget request.
The conferees agree to authorize an increase of $6.0
million in PE 62203F, as follows: $775,000 for science and
engineering and $4.0 million for the variable displacement vane
pump, as discussed elsewhere in this conference report. The
conferees agree to authorize an increase of $2.0 million for
the solid state electrolyte oxygen generator in PE 62202F.
Aerospace sensors
The budget request included $65.0 million in PE 62204F
for aerospace sensors.
The Senate bill would authorize an increase of $9.0
million in PE 62204F, including $4.0 million for variable
displacement vane pump and $5.0 million for multi-spectral
battlespace simulation.
The House amendment would authorize the budget request.
The conferees agree to an increase of $5.0 million in PE
63203F for multi-spectral battlespace simulation. The conferees
agree to authorize $4.0 million in PE 62203F for the variable
displacement vane pump, as discussed elsewhere in this
conference report.
Phillips lab exploratory development
The budget request contained $115.3 million in PE 62601F
for Phillips Lab Exploratory Development.
The Senate bill would authorize an increase of $29.5
million in PE 62601F for applied research to address critical
needs in the Air Force science and technology program.
The House amendment would authorize an increase of $7.3
million for hyperspectral imaging and $5.3 million for tactical
missile propulsion, including the Integrated High Payoff Rocket
Propulsion Technology (IHPRPT).
The conferees agree to authorize an increase of $28.6
million in PE 62202F, including $6.4 million for hyperspectral
imaging, $8.3 million for tactical missile propulsion and
IHPRPT, $2.5 million for tropo-weather, $600,000 for space
survivability, $800,000 for spectral sensing, and $10.0 million
for the high frequency active auroral research program.
B-2 advanced technology bomber
The budget request included $201.8 million in PE 64240F
for development of the B-2 bomber.
The Senate bill would authorize an increase of $37.0
million for the integration of Link 16 in the B-2.
The House amendment would authorize an increase of $152.0
million for integration of Link 16, a new mission display
system, and a stealth enhancement initiative. The House
amendment would also authorize an increase of $35.0 million in
Aircraft Procurement, Air Force, for an inflight mission
replanning system.
The conferees have learned that the inflight mission
replanning system is in development, and is not a procurement
item, and agree to authorize $314.1 million in PE 64240F, as
follows:
(1) $171.7 million for continued B-2 development;
(2) $35.0 million for an inflight mission planning
system;
(3) $16.0 million for stealth enhancements; and
(4) $91.4 million for integration of Link 16 in the B-2.
Armament and ordnance development
The budget request included $8.9 million in PE 64602F for
armament and ordnance development.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $38.0
million to accelerate development of the miniaturized munitions
capability (MMC).
The conferees agree to authorize an increase of $19.0
million in PE 64602F for risk reduction efforts, determined
most appropriate by MMC systems program officials, to
accelerate development of a capability addressing both fixed
and relocatable targets.
Life support systems
The budget request included $6.1 million in PE 64706F for
development of life support systems.
The Senate bill would authorize an increase of $2.9
million, as follows:
(1) an increase of $400,000 for aircrew laser eye
protection development; and
(2) an increase of $2.5 million for development of
ejection seat inflatable restraints.
The House amendment would authorize an increase of $4.0
million for the development of commercial crew seats.
The conferees agree to authorize an increase of $2.5
million in PE 64706F for development of ejection seat
inflatable restraint technology to reduce aircrew injuries
during ejection by stabilizing the head, neck, and body.
Air Force test and evaluation support
The budget request included $392.1 million in PE 65807F
for test and evaluation support.
The Senate bill would authorize a decrease of $30.0
million to address concerns with the management of test and
evaluation support functions.
The House amendment would authorize the budget request.
The conferees agree to authorize a decrease of $20.0
million for test and evaluation support. The conferees are
disturbed by the Air Force's unwillingness to pursue financial
management reform. The conferees fully support the reporting
requirement included in the Senate report accompanying S. 1059
(S. Rept. 106-50) that would require the Comptroller General of
the United States to review the financial management practices
used by the services' test and evaluation centers. The
conferees further request the report by the Comptroller General
to address the efficiencies that could be achieved by placing
the test and evaluation centers on a single financial
management system.
Joint surveillance and target attack radar system
The budget request included $130.5 million in PE 27581F
for development efforts for the E-8 Joint Surveillance and
Target Radar System (JSTARS) aircraft.
The Senate bill would authorize an increase of $55.2
million, as follows:
(1) an increase of $48.0 million for the radar technology
insertion program (RTIP); and
(2) an increase of $7.2 million for the global air
traffic management (GATM) modification.
The House amendment would authorize an increase of $30.0
million for the RTIP development.
The conferees agree to authorize an increase of $48.0
million in PE 27581F for the RTIP.
Airborne reconnaissance
The budget request included $124.6 million in PE 35206F
for airborne reconnaissance systems.
The Senate bill would authorize an increase of $17.4
million for continued development of the joint signals
intelligence (SIGINT) avionics family-low band subsystem (JSAF-
LBSS).
The House amendment would authorize an increase of $7.0
million for JSAF, both high and low band subsystems.
The conferees agree to authorize an increase of $17.4
million in PE 35206F for development of high and low band
subsystems of JSAF.
Distributed common ground systems
The budget request included $12.8 million in PE 35208F
for distributed common ground systems.
The Senate bill would authorize an increase of $21.0
million for Eagle Vision.
The House amendment would authorize the budget request in
PE 35208F, but would authorize an increase of $5.0 million in
Air Force procurement for Eagle Vision.
The conferees agree to authorize an increase of $21.0
million in PE 35208F for Eagle Vision.
Overview
The budget request for fiscal year 2000 included an
authorization of $8,609.3 million for Defense-Wide, Research
and Development in the Department of Defense.
The Senate bill would authorize $9,111.2 million.
The House amendment would authorize $9,278.4 million.
The conferees recommended an authorization of $9,204.8
million. Unless noted explicitly in the statement of managers,
all changes are made without prejudice.
Ballistic Missile Defense Organization funding and programmatic
guidance
The budget request included approximately $3.3 billion
for the Ballistic Missile Defense Organization (BMDO) for
research, development, test, and evaluation (RDT&E;), and
procurement.
The Senate bill would authorize an increase of $399.0
million for BMDO.
The House amendment would authorize an increase of $138.5
million for BMDO. In addition, the House amendment would
authorize an increase of $50.0 million in Navy RDT&E; for radar
upgrades associated with the Navy Theater Wide program, and
would transfer $278.6 million from Air Force RDT&E; to BMDO
RDT&E; for the Space Based Infrared System.
The conferees' recommended funding allocations for BMDO
are summarized in the following table. Additional programmatic
and funding guidance is also provided below.
BMDO FUNDING ALLOCATION
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Conference
Program Request Senate House -------------------------
Change Total
----------------------------------------------------------------------------------------------------------------
Support Technology............................. 239.0 +59.0 +55.0 +59.0 298.0
THAAD.......................................... 611.6 -15.0 -15.0 -83.8 527.8
Navy Area 1.................................... 323.4 ........... ........... +41.8 365.2
Navy Theater Wide.............................. 329.8 +120.0 ........... +90.0 419.8
MEADS.......................................... 48.6 ........... ........... ........... 48.6
NMD 2.......................................... 836.5 ........... +15.0 +15.0 851.5
Joint TMD...................................... 195.7 +5.0 ........... +5.0 200.7
PAC-3 1........................................ 330.0 +212.0 +48.5 +212.0 542.0
FOS E&I........................................; 141.8 ........... ........... ........... 141.8
BMD Tech Ops................................... 190.6 +3.0 +10.0 +13.0 203.6
Int'l Coop Programs............................ 36.6 +15.0 +25.0 ........... 36.6
Threat/Countermeasures......................... 16.5 ........... ........... ........... 16.5
----------------------------------------------------------------
BMDO Total............................... 3,300.1 +399.0 +138.5 +352.0 3,652.1
----------------------------------------------------------------------------------------------------------------
\1\ Procurement and RDT&E.;
\2\ An additional $15.7 million in military construction funding for NMD is authorized elsewhere in this Act.
Support technology
The conferees continue to support BMDO's wide bandgap
electronics material development program. Higher speed and
higher temperature operation afforded by wide bandgap
electronic materials could enhance the miniaturization and
functionality of advanced sensors and processing systems for
space-based ballistic missile defense (BMD) sensors and ground-
based radar systems. The conferees recommend an increase of
$14.0 million in PE 62173C to support this important activity.
Of these funds, $10.0 million shall be available to capitalize
on existing accomplishments in gallium nitride through
research, development, and transition into early device
application.
The conferees continue to support research and
development activities in the area of high frequency surface
wave radar (HFSWR) technology and recommend an increase of $5.0
million in PE 62173C to continue this important effort.
The conferees continue to support the Atmospheric
Interceptor Technology (AIT) program to develop advanced
interceptors with potential applications for a range of theater
missile defense (TMD) programs. The conferees recommend an
increase of $30.0 million in PE 63173C to continue the AIT
program and directs that, of this amount, $2.0 million be
utilized to develop advanced integrated missile structures and
airframes. The conferees encourage the expeditious completion
of the Patriot PAC-3 multi-frequency generator effort, which is
being undertaken as part of the AIT program.
The conferees have supported BMDO's efforts to evaluate
innovative and low cost launch concepts, especially those
utilizing pressure-fed rocket engine technology. The conferees
recommend an increase of $5.0 million in PE 63173C to support
the Scorpius concept and an increase of $5.0 million in PE
63173C to support the Excalibur concept. In addition, the
conferees recommend an increase of $5.0 million for low cost
launch technology, including Scorpius, in PE 63401F.
National Missile Defense
The budget request included $836.5 million in PE 63871C
for National Missile Defense (NMD).
The Senate bill would approve the budget request for NMD.
The House amendment would authorize an increase of $15.0
million for target launch operations and target launch
vehicles.
The conferees agree to authorize an increase of $15.0
million for target launch operations and target launch
vehicles. In addition, as addressed elsewhere in this report,
the conferees agree to authorize an increase of $15.7 million
in military construction for NMD.
The conferees are pleased that the Administration has
decided to fully fund development and procurement of a limited
National Missile Defense (NMD) system. The conferees commend
the Secretary of Defense for his leadership in securing the
necessary funding increase and in recognizing the fact that the
threat is expected to justify deployment of an NMD system. The
conferees believe that BMDO and the Navy should also begin to
evaluate options for supplementing the initial ground based NMD
architecture with sea-based assets, including an upgraded
version of the Navy's Theater Wide theater missile defense
system. Theconferees direct the Secretary of Defense to conduct
a follow-on study to supplement the analysis that was included in the
1998 report entitled Utility of Sea-Based Assets to National Missile
Defense. This report shall address the engineering steps that would be
needed to develop a sea-based NMD system to supplement the ground-based
NMD system. The study should evaluate requirements, performance
benefits, design trade-offs, operational impacts, and refined cost
estimates. The conferees direct the Secretary to provide a report to
the congressional defense committees by March 15, 2000, on this follow-
on effort.
Theater High Altitude Area Defense (THAAD) System
The budget request included $527.9 million for THAAD
demonstration and validation (Dem/Val) and $83.8 million for
THAAD engineering and manufacturing development (EMD). The
conferees continue to support the development, production, and
fielding of THAAD as a matter of highest priority. As addressed
elsewhere in this report, the conferees do not support BMDO's
revised upper tier acquisition strategy. The conferees believe
that decisions regarding the THAAD schedule and budget should
be determined based on the performance of the THAAD test
program and not an artificial competition with the Navy Theater
Wide system. The conferees recommend no funds in PE 64861C for
THAAD EMD, but strongly support rapid progression of the THAAD
program into the EMD phase of the program. If the THAAD
interceptor missile achieves a second successful intercept
test, and if the Secretary exercises the waiver authority
provided elsewhere in this Act to enter EMD after two
successful interceptor tests, the conferees strongly endorse
the use of funds appropriated pursuant to section 102 of
division B, title I, chapter 1 of Public Law 105-277, to
support THAAD EMD activities. In addition, the conferees
support the use of such funds to advance the THAAD battle
management/command, control, and communications (BMC3) system
and radar programs into EMD at the earliest possible date. The
conferees also agree to authorize the use of funds authorized
to be appropriated for THAAD Dem/Val for purposes of advancing
the THAAD system or any of its major subsystems into EMD, to
the extent that such funds are not needed to complete the Dem/
Val phase of the program.
Navy Theater Wide
The conferees continue to support the Navy Theater Wide
(NTW) program. The conferees urge the Secretary of Defense to
accelerate this important development program to the extent
permitted by the pace of technology development. The conferees
are concerned that necessary radar improvements have not kept
up with developments in the NTW interceptor missile system.
Therefore, the conferees recommend an increase of $50.0 million
for continuation of the Navy's competitive development of an
advanced radar for theater missile defense. The conferees note
that, despite being informed that the NTW program was fully
funded in the fiscal year 2000 budget request, neither the Navy
nor BMDO requested funding for the development of the radar
necessary for the NTW system. The conferees expect future
budget requests to include funding required for all aspects of
the NTW program, including radar development. The conferees
also recommend an increase of $40.0 million for NTW
acceleration, for an overall increase of $90.0 million in PE
63868C.
BMD technical operations
The conferees support the efforts being performed at the
Army Space and Missile Defense Command's Advanced Research
Center (ARC). The ARC continues to be a valuable tool in
support of the Army's development of both theater and national
missile defense systems. Therefore, the conferees recommend an
increase of $3.0 million in PE 63874C for support of the ARC.
The conferees understand that BMDO is leveraging
commercial internet technologies to improve the utilization of
data that is now dispersed among several data centers. The
conferees believe that upgrading these centers and establishing
a seamless, wide bandwidth information infrastructure between
the centers would allow access by the entire BMD community,
resulting in significant efficiencies. The conferees believe
that such a network would allow distributed BMD modeling and
simulation, including hardware-in-the-loop simulations, and
would enhance flexibility to meet evolving threats more
rapidly. Therefore, the conferees recommend an increase of
$10.0 million in PE 63874C for development of a wide bandwidth
information infrastructure to link current data centers as well
as specific applications to take full advantage of such an
infrastructure.
BMD targets
The conferees are concerned that current TMD surrogate
targets do not sufficiently represent ballistic missile threats
based on liquid fuel engines. Therefore, the conferees direct
the Secretary of Defense to begin development of a new liquid
fueled target, or family of targets. To support this effort,
the conferees recommend an increase of $5.0 million in PE
63872C.
Patriot PAC-3
The conferees remain concerned by the cost growth and
schedule delays in the Patriot PAC-3 program, but understand
that the technical difficulties that caused these problems have
been resolved. The conferees note that the most recent flight
test of the PAC-3 system was successful and that the program is
scheduled to fly again shortly. If the next flight test is
successful, the PAC-3 system will be authorized to proceed into
low-rate initial production, assuming sufficient funds are
available. The conferees approved a reprogramming of $60.0
million in fiscalyear 1999 funds from procurement to help
offset funding problems in the EMD program. The conferees note that
even with this reprogramming, the EMD program remains under-funded in
the fiscal year 2000 budget request by $152.0 million. In addition, the
fiscal year 1999 reprogramming has left a $60.0 million shortfall in
fiscal year 2000 budget request for procurement, which would preclude
commencement of low-rate initial production during fiscal year 2000.
Therefore, the conferees recommend an increase of $152.0 million in PE
64865C for PAC-3 EMD, and an increase of $60.0 million in Procurement,
Defense-wide, for PAC-3 procurement.
Navy Area
The budget request included $268.3 million in PE 64867C
for Navy Area EMD, and $55.0 million in Defense-wide
Procurement, for Standard Missile II Block IVA production.
The Senate bill approved the budget request.
The House amendment transferred $55.0 million from
Defense-wide Procurement to Navy Area EMD to cover cost growth
in the EMD program.
The conferees agree to approve the budget request of
$55.0 million for Navy Area procurement, and an increase of
$41.8 million in PE 64867C for Navy Area EMD.
The conferees remain concerned by schedule delays and
cost growth in the Navy Area program. In particular, the
conferees have been troubled by the Navy's failure to keep the
relevant congressional committees informed of emerging
technical problems in the Navy Area program, and related Navy
programs. Given the priority of the Navy Area program, the
conferees support increased funds in fiscal year 2000 to
compensate for cost growth, but the conferees insist that the
Ballistic Missile Defense Organization and the Navy fully fund
the revised baseline schedule in the Future Years Defense
Program.
Russian-American Observation Satellites program
The conferees understand that BMDO, working with the
Office of the Secretary of Defense, plans to make $16.0 million
of current and/or prior year funds available for the Russian-
American Observation Satellites (RAMOS) program. The conferees
agree to authorize the use of $16.0 million for this purpose.
The conferees understand that RAMOS is an important element of
U.S.-Russian threat reduction efforts.
Missile defense models and simulations
The conferees are concerned that there appears to be
insufficient consistency in modeling and simulation of missile
defense systems and architectures. The conferees believe that
such consistency is necessary to assure balanced and accurate
assessment of missile defense systems. The conferees direct the
Directors of BMDO and the Joint Theater Air and Missile Defense
Organization to ensure that common standards for missile
defense modeling and simulation are developed and adhered to
throughout the Department of Defense.
Weapons of mass destruction related technologies
The budget request included $203.5 million for weapons of
mass destruction related technologies (PE 62715BR) of the
Defense Threat Reduction Agency (DTRA).
The Senate bill would authorize an increase of $5.0
million in PE 62715BR to continue development and testing of
Deep Digger.
The House amendment would authorize an increase of $3.0
million in PE 62715BR to continue development of thermionic
power conversion technology.
The conferees agree to authorize an increase of $8.0
million for Deep Digger and thermionic power conversion
technology.
Complex systems design
The budget request included $10.9 million for special
technical support in PE 63704D8Z, but contained no funding for
research and development associated with complex systems
design.
The Senate bill would authorize an increase of $5.0
million in PE 63704D8Z for complex systems design.
The House amendment would authorize an identical
increase.
The conferees agree to authorize an increase of $5.0
million in PE 63704D8Z for complex systems design, and
designate it a program of special interest.
The conferees agree that the complex systems design
initiative offers the potential for fundamental, revolutionary
improvement to the design process that can result in a
monumental improvement in weapons system acquisition
efficiency. Until now, only discrete portions of systems
development have been integrated, but never the entire process,
from establishment of requirements to delivery of the system.
However, it appears that technology now exists to reach the
long-standing goal of a truly integrated interactive, design
process.
Joint warfighting program
The budget request included $7.9 million in PE 63727D8Z
for joint warfighting program requirements. The budget request
also included $41.8 million in PE 63727N for joint warfighting
experimentation.
The Senate bill would authorize an increase of $10.0
million in PE 63727D8Z to support additional joint
experimentation requirements.
The House amendment would authorize an increase of $8.0
million in PE 63727N for joint experimentation.
The conferees agree to authorize an increase of $31.9
million in PE 63727D8Z for joint experimentation
activities.This represents an increase of $10.0 million for joint
experimentation activities, and a transfer of $21.8 million in joint
experimentation funds from the Navy program element into the Defense-
Wide Joint Warfighting program element.
Aging aircraft sustainment technology
The budget request did not include funding for the aging
aircraft sustainment technology program.
The Senate bill would authorize the budget request.
The House amendment would authorize an increase of $3.0
million in PE 78011S for the aging aircraft sustainment
technology program.
The conferees understand that this program is to be
initiated in fiscal year 2001 in the generic logistics research
and development technology demonstration program (PE 63712S).
The conferees agree to authorize an increase of $3.0 million in
PE 78011S in order to begin the aging aircraft sustainment
technology program in fiscal year 2000.
Special operations tactical systems development
The budget request included $106.7 million for special
operations tactical system development activities.
The Senate bill would authorize an increase of $9.0
million to support production line modifications necessary to
install aircraft survivability equipment on CV-22 aircraft
during the production process in lieu of existing retrofit
plans. The Senate bill would also authorize an increase of
$11.6 million in PE 160408BB for a classified activity.
The House amendment would authorize an increase of $21.0
million for the following:
(1) $4.0 million for small craft propulsion systems
improvements;
(2) $8.0 million for advanced SEAL delivery
systems; and
(3) $9.0 million for CV-22 aircraft survivability
equipment production enhancements.
The conferees agree to authorize an increase of $50.7
million in PE 1160404BB. Of this amount, $9.0 million is to
support insertion of aircraft survivability equipment on CV-22
aircraft during the production process, $4.0 million is for
small craft propulsion system improvements, $11.6 million is
for the classified program as identified in the Senate bill,
and $26.1 million is for Advanced SEAL delivery system efforts,
discussed elsewhere in this report.
ITEMS OF SPECIAL INTEREST
Aeronautical test facilities
The House report accompanying H.R. 1401 (H. Rept. 106-
162) expressed the belief that, in order for the United States
to retain world leadership in the field of aeronautics, it must
optimize the utilization and care of existing aerodynamic and
air breathing propulsion test facilities that support the
missions of the Department of Defense (DOD), the National
Aeronautics and Space Administration (NASA), and the domestic
aeronautics industry. The House report stated that the
Department and NASA should establish an integrated national
strategy for the management of U.S. aerodynamic,
aerothermodynamic, and aeropropulsion test facilities, and for
investment in the test infrastructure and technology for core
national facilities and associated computational facilities,
including the maintenance and modernization of key commercial
aeronautical test facilities.
The conferees agree with the guidance contained in the
House report and the direction to the Secretary of Defense, in
coordination with the Director, NASA, to submit a report to the
congressional defense committees with the President's fiscal
year 2001 budget request that provides the status of the
interagency agreement for establishing a National Aeronautical
Test Alliance and the plans for implementation of the
agreement. The conferees further agree that the Secretary and
the Director should place a high priority on developing, in
coordination with the U.S. aerospace industry, a national plan
for developing and maintaining essential U.S. aeronautical
testing capabilities and funding recommendations for support
and modernization.
Aerostructures
In recent years, the Department of Defense has pursued
significant cost reduction efforts in the development and
production of polymer matrix composites (PMC) structures for
aerospace applications. The improved performance of these PMC
structures in military aircraft applications has driven the
manufacturing technology and process programs to continue to
look for affordability improvements. The conferees are aware of
collaborative efforts between the automotive industry and the
aluminum industry, which has significantly improved performance
while reducing cost. With aircraft structure representing
approximately 25 percent of the cost of an aircraft, the
conferees direct the Secretary of Defense to provide a report
to the congressional defense committees on potential
applications of aluminum aerostructures as a means of reducing
production and life-cycle costs of military aviation platforms.
This report is to due to the congressional defense committees
180 days after the enactment of this Act.
Bioenvironmental research
The Chief of Naval Operation's Executive Board on
Oceanography tasked the Office of Naval Research (ONR) to meet
the challenge of understanding the littoral battle sphere by
employing new means and methods. As a result of this tasking
ONRhas placed a significant emphasis on understanding all
aspects of the Surf Zone/Very Shallow Water environment.
The Bioenvironmental Hazards Research program (BHRP) of
Tulane/Xavier Center for Bioenvironmental Research (CBR) has
produced long-range science and technology research projects
that provide the fundamental research to advance and improve
the environmental intelligence of these specific naval mission
requirements. The integrated BHRP on biosensors and biomarkers
are focused on both human and ecological exposure within model
ecosystems, as found in the littoral regions of the world. The
CBR is developing biosensor/biomarker devices that will monitor
potential and actual exposure of military personnel in the
field to harmful chemical or biological agents.
By employing a variety of innovative biologically based
receptors, the biosensors being developed through the BHRP
program will detect defense-related hazardous materials, such
as heavy metals, organophosphates, and other compounds,
including mixed low-level radioactive wastes, which have been
identified as carceninogenic, endocrine disrupting, or toxic.
These receptors use biological reactions to assess, quantify,
and report the presence of environmental contaminants.
The conferees strongly support the work being performed
in the BHRP program to enhance the capability of naval forces
to conduct amphibious operations in the 21st Century. The
conferees recognize the significant body research and
scientific advances provided through the BHRP program at CBR.
The conferees encourage the Chief of Naval Research to continue
to leverage this partnership between CBR, ONR, the Naval
Research Laboratory, the Naval Oceanographic Office, and
industry to provide the mission requirement tools to meet these
critical environmental needs of the fleet.
Genomics-based therapeutics
The Department of Defense (DOD) is responsible for the
acute, trauma and battlefield medical treatment of its fighting
forces, as well as the routine medical care of its active
personnel, their dependents, and the military retired
community. The Department also has the task of ensuring that it
has the tools available to treat military first response forces
and victims of radiation, chemical and biological incidents
resulting from use of weapons of mass destruction.
The conferees are aware of the scientific progress in the
field of genomics-based therapeutics. Within the last two
years, the biopharmaceutical industry has achieved significant
advances in converting genomic knowledge into gene and protein-
based therapies with the potential to prevent, treat, and cure
a variety of acute and traumatic conditions, as well as chronic
diseases. These advances have a wide ranging applicability for
the many patient populations under the purview of the
Department.
With recent congressional focus on DOD's preparedness to
deal with the threat posed by weapons of mass destruction, it
is essential that the Department investigate the potential of
genomics-based therapeutics to prevent and treat damage to the
eyes, skin, mucositis, airways, lung and bladder. It is
understood that genomics-based therapies may offer new
modalities with the potential to mediate immune responses,
particularly as vaccine adjuvants and B cell immune stimulants,
and to treat malignancies arising from radiation, chemical, or
biological exposure. Therefore, the conferees direct the
Secretary of Defense to report to the congressional defense
committees on potential applications of genomics-based
technologies to address defense needs. This report is due to
the congressional defense committees 180 days after the
enactment of this Act.
Marine mammal research
The budget request included $361.1 million in PE 61153N
for the Navy's defense research sciences program.
The Senate bill would authorize the budget request.
The House amendment would authorize use of $500,000 for
continuation of the Navy's cooperative marine mammal research
program.
The House recedes.
The conferees note the significant contributions of the
marine mammal research program to the Navy's work in undersea
research. In the statement of manager's accompanying the the
National Defense Authorization Act for Fiscal Year 1998, the
conferees directed the Secretary of the Navy to submit a report
that would include an assessment of the progress of the
research, its technological implications to Navy sonar
requirements, and the Navy's plan for the program's future. The
conferees cite the program's highlights and accomplishments,
including environmental compliance, biological sonar, and
biomemetic underwater vehicle design. The conferees further
recognize the unique conceptual byproducts of sonar engineering
derived from this type of research, as well as the promise of
additional anti-submarine warfare and mine countermeasure
capabilities. Contributions cited in the report of interest to
the conferees included the development of novel sonar
engineering concepts, signal processing, buried mine detection,
and improved target detection in underwater environments.
Finally, the conferees note the Navy's intention, as expressed
in the report, to maintain funding for marine mammal programs
at approximately $2.0 million annually.
The conferees recognize the importance of continued
marine signals and acoustics research, particularly to address
the high noise and cluttered conditions known to exist in
shallow, littoral areas. The conferees encourage the Secretary
of the Navy to continue funding for the cooperative marine
mammal research program.
Volumetrically controlled technologies
The conferees are encouraged by the progress made at the
U.S. Army Medical Research and Materiel Command (USAMRMC) to
develop a three dimensional volumetrically controlled
maufactured (VCM) artifical hip. It is understood that the
methodology being developed may allow precision control of the
intrinsic properties of syntheric materials. As a result of the
USAMRMC program, the mathematical foundation for advancing
synthetic material development from two-dimensional processes
to real-time three dimensional manufacturing may be
accomplished. This development has the potential to eliminate
the current mode of failure of conventional composite
materials, namely delamination and polymer-fiber interface
breakdown. Although this project is primarily focused on an
artifical hip, VCM's potential applications have ramifications
in other manufacturing areas including aerospace. The conferees
direct the Secretary of Defense, through the office of the
Director for Defense Research and Engineering, to explore the
USAMRMC program for potential applications to meet defense
needs.
LEGISLATIVE PROVISIONS ADOPTED
Subtitle A--Authorization of Appropriations
Authorization of Appropriations (secs. 201-202)
The Senate bill contained provisions (secs. 201-202) that
would authorize the recommended fiscal year 2000 funding levels
for all research, development, test, and evaluation accounts.
The House amendment contained similar provisions.
The conference agreement includes these provisions.
Subtitle B--Program Requirements, Restrictions, and Limitations
Collaborative program to evaluate and demonstrate advanced technologies
for advanced capability combat vehicles (sec. 211)
The House amendment contained a provision (sec. 211) that
would direct the Secretary of Defense to establish and carry
out an evaluation and competitive demonstration of concepts for
advanced capability combat vehicles.
The Senate bill contained no similar provision.
The Senate recedes.
The conferees concur on the importance of initiating a
future combat vehicle program and direct the Secretary of the
Army and the Director of the Defense Advanced Research Projects
Agency (DARPA) to enter into a memorandum of agreement that
would provide for 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 system 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; and
(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.
The conferees consider this program an item of special
interest and direct the Secretary of the Army and the Director
of DARPA to submit to the congressional defense committees a
joint report on the implementation of the program under
subsection (a) of this provision.
The report should contain the following:
(1) description of the memorandum of agreement
referred to in subsection (b) of this provision;
(2) schedule for the program;
(3) identification of the funding required for
fiscal year 2001 and for the future-years defense
program to carry out the program;
(4) description and assessment of the acquisition
strategy for combat vehicles planned by the Secretary
of the Army that would sustain the existing force of M-
1 series tanks, together with a complete identification
of all operation, support, ownership, and other costs
required to carry out such a strategy through the year
2030; and
(5) 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 a strategy.
Sense of Congress regarding defense science and technology program
(sec. 212)
The House amendment contained a provision (sec. 213) that
would express the sense of Congress that the Secretary of
Defense has failed to comply with the funding objective for the
defense science and technology program, as required by section
214 of the Strom Thurmond National Defense Authorization Act of
Fiscal Year 1999. The provision would reiterate the sense of
Congress that the Department increase the budget for defense
science and technology within each military department for the
Future Year Defense Program for that program for the preceding
year that is at least two percent above the rate of inflation.
The provision would also require the President to certify, if
the funding objectives are not met, that the budget does not
jeopardize the stability of the technology base or increase the
risk of failure to maintain technological superiority in future
weapons systems.
The Senate bill did not contain a similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to make the certification and would
require the Defense Science Board submit to the Secretary and
Congress a report assessing the effects such failure to comply
is likely to have on defense science and technology and the
national defense.
Micro-satellite technology development program (sec. 213)
The Senate bill contained a provision (sec. 212) that
would authorize an increase of $25.0 million for micro-
satellite technology development and require the Secretary of
Defense to develop a micro-satellite technology development
plan.
The House amendment contained no similar provision.
The House recedes with an amendment that would authorize
an increase of $10.0 million for micro-satellite technology
development. The conferees address the micro-satellite
technology development plan elsewhere in this conference
report.
Space control technology (sec. 214)
The Senate bill contained a provision (sec. 213) that
would authorize an increase of $10.0 million for space control
technology development pursuant to the Department of Defense
Space Control Technology Plan of 1999 and $41.0 million for
Army space control technology development, including the
Kinetic Energy Anti-Satellite (KE-ASAT) program and related
technologies.
The House amendment would authorize an increase of $10.0
million for the KE-ASAT program.
The House recedes with an amendment that would authorize
an increase of $5.0 million for space control technology
development pursuant to the Department of Defense Space Control
Technology Plan of 1999, and $10.0 million for Army space
control technology development, including the KE-ASAT program
and related technologies.
Space Maneuver Vehicle program (sec. 215)
The Senate bill contained a provision (sec. 214) that
would authorize an increase of $35.0 million for the
development and acquisition of an Air Force X-40 flight test
article to support the joint Air Force and National Aeronautics
and Space Administration X-37 program and to meet the unique
needs of the Air Force Space Maneuver Vehicle program.
The House amendment recommended an increase of $5.0
million for military spaceplane development.
The House recedes with an amendment that would authorize
an increase of $25.0 million for the development and
acquisition of an Air Force X-40 flight test article to support
the joint Air Force and National Aeronautics and Space
Administration X-37 program and to meet the unique needs of the
Air Force Space Maneuver Vehicle program.
Manufacturing technology program (sec. 216)
The Senate bill contained a provision (sec. 215) that
would strike the mandatory cost share requirements in the
Manufacturing Technology (MANTECH) program in section 2525 in
title 10 United States Code and emphasize the program's focus
on high risk, defense essential requirements, as well as repair
and re-manufacturing solutions in support of depots, air
logistics centers, and shipyards.
The House amendment contained a similar provision (sec.
212) that would amend section 2525 of title 10, United States
Code, to include as one of the purposes of the defense
manufacturing technology program the development of advanced
manufacturing technologies and processes that address broad
defense-related manufacturing inefficiencies and requirements.
The provision would also remove the requirement that the
Secretary of Defense establish percentage goals for cost
sharing in the program.
The House recedes with an amendment that would establish
as the overall purpose of the program the development and
application of advanced manufacturing technologies and
processes to reduce acquisition and support costs, and
manufacturing and repair cycle times for defense weapons
systems. The provision would emphasize the program's focus on
the development and application of advanced manufacturing
technologies and processes that are essential to national
defense, including repair and re-manufacturing operations, in
support of systems commands, depots, air logistics centers, and
shipyards. The provision would also require the participation
of the prospective users of the technology in the establishment
of requirements for, and theperiodic review of advanced
manufacturing technologies or processes. The provision would require
that each manufacturing technology project include an implementation
plan for transition of the technology or process to the prospective
use. The provision would strike the mandatory cost share requirements
in the program and would provide that cost sharing be included as a
factor in competitive procedures for evaluating proposals for
manufacturing technology projects. The provision would also include an
assessment of program effectiveness, cost sharing, and technology and
process implementation plans in the annual update of the program's
five-year plan.
Revision to limitations on high altitude endurance unmanned vehicle
program (sec. 217)
The budget request included $70.8 million in PE 35205F
for endurance unmanned aerial vehicles (EUAVs).
The Senate bill would authorize a decrease of $13.2
million, as follows:
(1) a decrease of $7.2 million in Global Hawk
because of delays in the testing program; and
(2) a decrease of $6.0 million in Dark Star because
of program cancellation.
The House amendment would authorize an increase of $25.0
million for Global Hawk to resume the user evaluation and
testing slowed by the loss of an air vehicle and to sustain the
industrial base.
The conferees agree to an increase of $25.0 million for
Global Hawk for the purposes outlined in the House report
accompanying H.R. 1401 (H. Rept. 106-162), offset by a
reduction of $6.0 million for Dark Star cancellation. The
conferees further agree to authorize the Air Force to procure
up to two additional advanced concept technology demonstration
air vehicles.
Subtitle C--Ballistic Missile Defense
Space Based Infrared System (SBIRS) Low program (sec. 231)
The House amendment contained a provision (sec. 231) that
would establish additional program elements for ballistic
missile defense (BMD) programs, including for upper tier
theater missile defense, the Space Based Infrared System
(SBIRS) Low and SBIRS High.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would: (1)
designate BMD as the primary mission of SBIRS Low; (2) provide
the Director of Ballistic Missile Defense Organization the
authority to approve all system level technical requirements
for SBIRS Low, any change to the SBIRS Low baseline schedule,
and any change to the SBIRS Low baseline budget; (3) ensure
that non-BMD missions receive proper priority to the extent
that such missions do not increase technical or schedule risk;
(4) transfer the management and budgeting of funds for the
SBIRS Low program from the Tactical Intelligence and Related
Activities aggregation to a nonintelligence budget activity of
the Air Force; and (5) require that the system level technical
requirements be defined not later than July 1, 2000.
Although the budget request for the SBIRS Low program
included funds in both the SBIRS Low Demonstration and
Validation program element (PE63441F) and the SBIRS Low
Engineering and Manufacturing Development program element
(PE64442F), the Air Force has requested that funds be
consolidated in the EMD program element. While the conferees
support the proposal to consolidate the SBIRS Low budget into a
single program element, since the currently approved baseline
schedule for SBIRS Low does not include a milestone II decision
until fiscal year 2002, the conferees do not believe that funds
should be placed in the EMD program element at this time.
Therefore, the conferees agree to authorize the SBIRS Low
budget request of $229.0 million in PE 63441F.
Theater missile defense upper tier acquisition strategy (sec. 232)
The Senate bill contained a provision (sec. 221) that
would require the Secretary of Defense to establish an
acquisition strategy for the Navy Theater Wide system and the
Theater High Altitude Area Defense (THAAD) system that:
(1) retains funding for both upper tier systems in
separate, independently managed program elements
throughout the Future Years Defense Program;
(2) bases funding decisions and program schedules
for each upper tier system on the performance of those
systems independent of one another; and
(3) seeks to accelerate the deployment of both
upper tier systems to the maximum extent practicable.
The House amendment contained no similar provision.
The House recedes.
The conferees do not support the proposed change to the
acquisition strategy of the Defense Department for upper tier
theater missile defense programs. Under the proposed strategy,
a decision would be made by December 2000, to select a lead
upper tier system so that funding for the two programs could be
concentrated on a lead system. The funding would be
consolidated in a single program element in fiscal year 2002.
This approach contradicts congressional guidance from previous
years and puts the two upper tier systems into an unnecessary
competition for the same resources. The conferees note that the
statement of managers accompanying the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (H. Rept. 105-
736) clearly stated that ``. . . the THAAD missile and the Navy
Upper Tier missile should not be viewed as competing systems.''
Though overlappingto a degree, the two upper tier systems serve
fundamentally different sets of equally valid requirements and do so
with fundamentally different technological approaches. The conferees
continue to believe that the United States has valid requirements for
both systems, and that both systems should be deployed as soon as
practicable.
Acquisition strategy for Theater High Altitude Area Defense (THAAD)
system (sec. 233)
The Senate bill contained a provision (sec. 222) that
would repeal subsection (a) of section 236 of the Strom
Thurmond National Defense Act for Fiscal Year 1999 (Public Law
105-261).
The House amendment contained no similar provision.
The House recedes with an amendment that would amend
section 236 of the Strom Thurmond National Defense Act for
Fiscal Year 1999 to: (1) require the Secretary of Defense to
take appropriate steps to assure continued independent review
of the Theater High Altitude Area Defense (THAAD) program; (2)
require the Secretary of Defense to proceed with the milestone
approval process to allow the THAAD radar and battle
management/command, control and communications (BM/C3) system
to proceed into the engineering and manufacturing development
(EMD) phase of development without regard to the stage of
development of the THAAD interceptor missile; and (3) allow the
Secretary of Defense, following a second successful THAAD
interceptor test, to waive the requirement to have three
successful intercept tests before the THAAD missile enters EMD.
Nevertheless, the conferees expect the currently approved
Demonstration/Validation flight test program to be completed.
Space Based Laser program (sec. 234)
The Senate bill contained a provision (sec. 223) that
would establish a structure for the Space Based Laser (SBL)
program, including a program baseline for an integrated flight
experiment (IFX) and an ongoing activity for developing an
objective system design.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
The conferees note the recommendation contained in the
January 18, 1999, report of the SBL Independent Review Team
(IRT) that the IFX include ``[a] ground facility to provide an
end-to-end system checkout before launch--to be operational and
completely checked out at least two years before the planned
IFX launch date.'' Since the IRT found the existing facilities
to be inadequate for the integrated ground test of the IFX, the
conferees direct the Secretary of the Air Force, in
coordination with the Director of the Ballistic Missile Defense
Organization (BMDO), to begin design of the SBL test facility
and agree to authorize $10.0 million for this purpose.
The conferees believe that funds made available for the
SBL program in fiscal year 2000 must be focused on development
of an IFX baseline and necessary supporting technology. The
conferees believe that the schedule laid out by the Air Force
for an IFX launch in 2012 is not sufficiently aggressive. The
conferees understand that the SBL Joint Venture industry
partnership will develop an SBL baseline schedule by March,
2000, and that this schedule will include an earlier launch
date, consistent with the requirements of this Act. The
conferees will assess the adequacy of this baseline schedule
once completed. The conferees believe that the Air Force must
minimize the amount of funding utilized for program management
and studies that do not directly support development of the IFX
to ensure that the maximum amount possible is directed to the
SBL Joint Venture's efforts to develop the IFX program baseline
and the technology needed to implement that baseline program.
The conferees also believe that spending on facility upgrades
at the Capistrano high energy laser test facility must be
limited to those investments needed to support research and
development activities that must occur prior to completion of a
new integrated test facility. The conferees direct the
Secretary of the Air Force in consultation with the Director of
BMDO to develop a plan for transition of SBL research,
development, test, and evaluation to the new integrated test
facility.
The conferees note that the Air Force has expressed
strong support for the development of deployable optics for the
SBL system, but has also indicated that such a development may
require significant risk reduction activities. The 1999 SBL-IRT
report endorsed inclusion of deployable optics on the IFX.
Although the conferees take no position on whether deployable
optics must be demonstrated on the IFX or will be needed for an
operational system, the conferees note that additional
investment will be required in the near-term to evaluate
deployable optics and retire risk associated with such optics
development. The conferees direct the Secretary of the Air
Force and the Director of BMDO, in consultation with the SBL
Joint Venture, to carefully assess this matter in developing
the IFX program baseline.
The conferees note that the Secretary of Defense has yet
to submit reports on the SBL program required by the statement
of managers accompanying the National Defense Authorization
Acts for Fiscal Year 1996 and Fiscal Year 1998. The conferees
direct the Secretary to complete the SBL report required by
this Act in a timely manner. The SBL reporting requirement
contained in this Act supersedes those required in prior years.
Criteria for progression of airborne laser program (sec. 235)
The Senate bill contained a provision (sec. 224) that
would establish certain criteria for progression of the
airborne laser program through the program definition and risk
reduction phase of development and into the engineering and
manufacturing development phase of development.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Sense of Congress regarding ballistic missile defense technology
funding (sec. 236)
The Senate bill contained a provision (sec. 225) that
would express a sense of Congress regarding the adequacy of
ballistic missile defense technology funding and that the
Secretary of Defense should submit a report on this matter.
The House amendment contained no similar provision.
The House recedes with an amendment that would express
the sense of Congress regarding the adequacy of ballistic
missile defense technology funding.
Report on national missile defense (sec. 237)
The Senate bill contained a provision (sec. 226) that
would require the Secretary of Defense to submit a report to
Congress on the advantages or disadvantages of a two-site
deployment of a ground-based national missile defense system.
The House amendment contained no similar provision.
The House recedes.
Subtitle D--Research and Development for Long-Term Military
Capabilities
Quadrennial report on emerging operational concepts (sec. 241)
The Senate bill contained a provision (sec. 231) that
would extend for an additional two years the requirement for
the Secretary of Defense to provide an annual report on
emerging operational concepts, organizational concepts, and
acquisition strategies to address emerging technologies,
emerging capabilities, and changes in the international order.
The provision would require the Secretary to set forth the
military capabilities that are necessary to meet the most
significant threats that could be posed to the U.S. national
security interests over the next three decades and to identify,
in consultation with science and technology experts within the
Department, the research and development challenges that must
be met and the technological breakthroughs necessary to develop
those capabilities.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the report to be submitted on March 1, 2000 and every four
years thereafter. The conferees intend that the military
capabilities and associated research and development challenges
identified by the Secretary will serve as a benchmark for
future science and technology investments, as provided in the
Joint Warfighting Science and Technology Plan.
Technology area review and assessment (sec. 242)
The Senate bill contained a provision (sec. 232) that
would require the Secretary of Defense to provide the
congressional defense committees with a summary of each
technical area review and assessment in conjunction with the
Joint Warfighting Science and Technology Plan submission.
The House amendment contained no similar provision.
The House recedes.
Report by Under Secretary of Defense for Acquisition and Technology
(sec. 243)
The Senate bill contained a provision (sec. 233) that
would require the Under Secretary of Defense for Acquisition
and Technology to report to the congressional defense
committees on actions that the Department of Defense will take
to ensure appropriate emphasis on revolutionary technology
initiatives, sustain a high-quality national research base,
ensure the coordinated development of joint technologies,
identify and incorporate commercial technologies, effectively
and efficiently manage the transition of new technologies into
production, and provide appropriate education and training in
technology issues to the Department's military leadership.
The House amendment contained no similar provision.
The House recedes.
DARPA program for award of competitive prizes to encourage development
of advanced technologies (sec. 244)
The Senate bill contained a provision (sec. 235) that
would authorize the Defense Advanced Research Projects Agency
(DARPA) to award competitive prizes for the development of
advanced technologies for military applications. This program
is expected to open the field of participation to a wider range
of research and industrial activity in a field.
The House amendment contained no similar provision.
The House recedes with an amendment that would sunset the
authority after four years. The conferees direct DARPA to
consult with the military services before setting the
objectives for which the prizes would be awarded or the
criteria for making those awards. The conferees expect DARPA to
use the prize authority only in cases where it determines, in
consultation with the military services, that it is likely to
serve as a significant incentive to develop technologies that
are of high value to military end users.
Additional pilot program for revitalizing Department of Defense
laboratories (sec. 245)
The Senate bill contained a provision (sec. 236) that
would authorize a new pilot program to ensure that the defense
laboratories can attract a balanced workforce of permanent and
temporary personnel with an appropriate level of skills
andexperience, and can effectively compete in hiring processes to
obtain the finest scientific talent.
The House amendment contained no similar provision.
The House recedes with an amendment that would clarify
the objective of the pilot authority to focus on improving the
efficiency of research, development, test and evaluation
activities.
Subtitle E--Other Matters
Development of Department of Defense laser master plan and execution of
solid state laser program (sec. 251)
The House amendment contained a provision (sec. 241) that
would require the Secretary of Defense to 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, and
that would require that such activities 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.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would: (1)
require the Secretary of Defense to develop a unified
Department of Defense laser master plan; (2) require the
Secretary of the Army to initiate a development program for
solid state laser technologies; and (3) authorize an increase
of $20.0 million to carry out the Army solid state laser
technology development program. The conferees note that solid-
state lasers, because of their compactness, lower weight, and
less volatile power sources, offer great potential for a number
of military applications. The conferees also believe that the
technology is more mature than is widely understood.
Chemical laser development has progressed rapidly under
Air Force supervision. Two ongoing chemical laser efforts, the
Airborne Laser and the Space Based Laser programs, are
currently funded at almost $500.0 million annually. However,
solid-state laser development has lacked focus and the
conferees understand that only $20.0 million to $30.0 million
is spent annually across all services on these important
technologies. The conferees believe that additional investment
in solid state laser technologies could prove to have military
utility within several years.
Because of the potential value of solid state lasers for
land-based military uses, the conferees believe that the
Secretary of the Army should pursue a concerted effort to
identify viable solid-state laser technologies that have
weapons potential, characterize technological obstacles
currently inhibiting more rapid maturity, and initiate a solid
state laser development program. The conferees further believe
that the Secretary of Defense should maximize use of the
existing Department of Defense high energy laser facilities and
the expertise in solid state lasers at the Lawrence Livermore
National Laboratory, and other Department of Energy
laboratories, in pursuing this initiative.
Report on Air Force distributed mission training (sec. 252)
The Senate bill contained a provision (sec. 251) that
would require the Secretary of the Air Force to submit a report
on the implementation status of the distributed mission
training program.
The House amendment contained no similar provision.
The House recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Testing of airblast and improvised explosives
The Senate bill contained a provision (sec. 216) that
would authorize an increase of $4.0 million in PE 63122D for
testing of airblast and improvised explosives.
The House amendment contained no similar provision.
The Senate recedes.
The conferees agree to authorize an increase of $4.0
million in PE 63122D for airblast and improvised explosives, as
noted elsewhere in this conference report.
Use of working capital funds for financing research and development of
the military departments
The Senate bill contained a provision (sec. 238) that
would require all research, development, test, and evaluation
activities and programs of the military departments be financed
through the working-capital fund mechanism, effective upon
enactment of this Act. The provision would also require the
Under Secretary of Defense (Comptroller) to report to the
Committees on Armed Services of the Senate and the House of
Representatives on the status of implementation on April 1,
2000 and August 1, 2000.
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct the Department of Defense to
evaluate the potential for financing research, development,
test and evaluation facilities through a working-capital fund
financing mechanism and provide a report to the Committees on
Armed Services of the Senate and the House of Representatives
not later than September 30, 2000. This report shall include a
detailed discussion of: the current method of financing
research, development, test and evaluation facilities of the
military services; a complete transition to working-capital
fund financing for these facilities; and a mix of direct
appropriations and working-capital fund financing for these
facilities. Additional areas for discussion will include
actions necessary to ensure a seamless transition to working-
capital fund financing, the benefits and additional costs
associated with the full cost recovery under working-capital
fund financing, and methods to ensure that customer accounts
are sufficiently funded to support full cost recovery under
working-capital fund financing.
TITLE III--Operation and Maintenance
Overview
The budget request for fiscal year 2000 included an
authorization of $102,868.8 million for Operation and
Maintenance in the Department of Defense and $362.0 for Working
Capital Fund Accounts in fiscal year 2000.
The Senate bill would authorize $104,101.3 million for
Operation and Maintenance and $335.0 for Working Capital Fund
Accounts.
The House amendment would authorize $105,679.8 million
for Operation and Maintenance and $375.0 for Working Capital
Fund Accounts.
The conferees recommended an authorization of $104,332.8
million for Operation and Maintenance and $375.0 for Working
Capital Fund Accounts for fiscal year 2000. Unless noted
explicitly in the statement of managers, all changes are made
without prejudice.
Military Gator
The budget request included no funds for procurement of
the Military Gator, a six wheeled vehicle required by the 82nd
Airborne Division.
The Senate bill would authorize no funds for the Military
Gator.
The House amendment would authorize $8.0 million in
procurement for the Military Gator.
The conferees agree to authorize $8.0 million in
operations and maintenance for the Military Gator.
Arms control implementation
The budget request included $249.7 million for arms
control implementation programs, representing an increase from
the fiscal year 1999 level of $227.3 million.
The Senate bill would authorize the budget request.
The House amendment would authorize $236.2 million.
The conferees agree to authorize $236.2 million and to
make the following reductions to the Defense Threat Reduction
Agency arms control operations and maintenance accounts: $2.0
million for START II implementation activities; $1.5 million
for Open Skies Treaty implementation; and $1.0 million for
Comprehensive Test Ban Treaty-related activities. The conferees
also disapprove the request of $9.0 million to reimburse the
Organization for the Prohibition of Chemical Weapons for costs
associated with inspections and escort activities at Department
of Defense facilities under the terms of the Chemical Weapons
Convention.
Information assurance
The Senate bill would authorize an increase of $120.0
million for information assurance programs, projects and
activities, including:
(1) $10.0 million in Procurement, Defense-wide, for
acquisition by the Defense Information Systems Agency
(DISA) of secure terminal equipment;
(2) $10.0 million in Procurement, Defense-wide, for
acquisition by DISA of tools for real-time computer
intrusion detection, analysis and warning;
(3) $5.0 million in PE 65710D8 to establish an
information assurance testbed;
(4) $85.0 million in the National Security Agency's
Information System Security Program (ISSP) research and
development account (PE 33140G) for secure wireless
communications, public key infrastructure, tool
development by the Information Operations Technology
Center, critical infrastructure modeling; and software
security research, including evaluation of the Trusted
RUBIX database guard; and
(5) $10.0 million in Operations and Maintenance,
Defense-wide, for training, education, and retention of
information technology professionals at the DOD.
The House amendment would authorize an increase of $45.0
million for information assurance programs, projects and
activities, including:
(1) $10.0 million in PE 33140G to support the
development of advanced security measures for elements
of the Global Networked Information Enterprise; and
(2) $35.0 million in PE 33140G for the development
of enhanced information assurance tools for protection
of the defense information infrastructure and for real-
time detection, collection, and analysis of attack
sensing and warning data.
The conferees agree to authorize an increase of $150.0
million in Operations and Maintenance, Defense-wide, for
information assurance programs, projects, and activities,
including those recommended in the Senate bill and the House
amendment.
Overseas contingencies
The budget request included $2,387.6 million for overseas
contingencies.
The Senate bill would authorize $2,387.6 million for
overseas contingencies.
The House amendment would authorize $2,387.6 million for
overseas contingencies.
The conferees agree to authorize $1,879.6 million for
overseas contingencies. The conferees note the Administration's
recent decision to dramatically reduce the number of forces
deployed to Bosnia which will decrease the level of funding
required.
LEGISLATIVE PROVISIONS ADOPTED
Subtitle A--Authorization of Appropriations
Authorization of Appropriations (secs. 301-302)
The Senate bill contained provisions (secs. 301-302) that
would authorize the recommended fiscal year 2000 funding levels
for all operations and maintenance and working capital fund
accounts.
The House amendment contained similar provisions.
The conference agreement includes these provisions.
Armed Forces Retirement Home (sec. 303)
The Senate bill contained a provision (sec. 303) that
would authorize $68.3 million from the Armed Forces Retirement
Home Trust Fund to be appropriated for operation of the Armed
Forces Retirement Home during fiscal year 2000.
The House amendment contained an identical provision.
The conference agreement includes this provision.
Transfer from National Defense Stockpile Transaction Fund (sec. 304)
The Senate bill contained a provision (sec. 304) that
would, to the extent provided in an appropriations act,
transfer $150.0 million from the National Defense Stockpile
Transaction Fund.
The House amendment contained an identical provision.
The conference agreement includes this provision.
Transfer to Defense Working Capital Funds to support Defense Commissary
Agency (sec. 305)
The House amendment contained a provision (sec. 305) that
would transfer funding for the Defense Commissary Agency from
the military services' operations and maintenance accounts to
the Defense Working Capital Fund.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle B--Program Requirements, Restrictions, and Limitations
Armed Forces Emergency Services (sec. 311)
The Senate bill contained a provision (sec. 306) that
would require that, of the funds authorized to be appropriated
in Operation and Maintenance, Defense-wide activities, $23.0
million be available to fund the Red Cross Armed Forces
Emergency Services.
The House amendment contained no similar provision;
however, the House amendment did include $23.0 million for Red
Cross Armed Forces Emergency Services in the operation and
maintenance table.
The House recedes with a technical amendment.
Replacement of nonsecure tactical radios of the 82nd airborne division
(sec. 312)
The House amendment contained a provision (sec. 312) that
would make available $5.5 million from funds authorized to be
appropriated for Army operations and maintenance to replace
nonsecure tactical radios used by the 82nd Airborne Division.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Large medium-speed roll-on/roll-off (LMSR) program (sec. 313)
The House amendment would authorize an increase of $80.0
million in the National Defense Sealift Fund (NDSF), including
$50.0 million for advance procurement of long lead components
for the construction of a large, medium speed roll-on/roll-off
(LMSR) ship and $30.0 million for the modification of an
existing LMSR for the maritime prepositioning force (enhanced)
requirement.
The Senate bill would authorize the budget request.
The conferees agree to include a provision to authorize
construction of a LMSR ship including advance construction of
components. Additionally, the conferees agree to authorize an
increase of $80.0 million in the NDSF for advance procurement
of long lead components for the construction of a LMSR.
Contributions for Spirit of Hope endowment fund of United Service
Organizations, Incorporated (sec. 314)
The House amendment contained a provision (sec. 1038)
that would authorize the Secretary of Defense to provide a
grant of $25.0 million to the United Service Organizations,
Incorporated (USO) for the purposes of helping to capitalize
the Spirit of Hope Endowment Fund. The provision would require
that the release of the authorized funds be contingent on the
ability of the USO to match the authorized funds with funds
raised from private sector sources.
The Senate bill contained no similar provision.
The Senate recedes.
The conferees note that the USO established an endowment
organization, the Spirit of Hope foundation, on June 1, 1997,
to preserve the organization and its valued services overseas.
In order to help ensure that the USO remains a viable service
organization, the conferees intend that all funds received
since the establishment of the ``Spirit of Hope'' foundation
may be used to meet the matching requirement of this provision.
Subtitle C--Environmental Provisions
Extension of limitation on payment of fines and penalties using funds
in environmental restoration accounts (sec. 321)
The Senate bill contained a provision (sec. 323) that
would extend the requirement of section 2703(e) of title 10,
United States Code, that stipulated penalties assessed at
environmental restoration sites be subject to congressional
authorization.
The House amendment contained no similar provision.
The House recedes.
Modification of requirements for annual reports on environmental
compliance activities (sec. 322)
The Senate bill contained a provision (sec. 324) that
would amend section 2706(b) of title 10, United States Code.
The House amendement contained no similar provision.
The House recedes with a clarifying amendment.
Defense environmental technology program and investment control process
for environmental technologies (sec. 323)
The Senate bill contained a provision (sec. 321) that
would establish management requirements intended to hold the
Department of Defense and the military departments accountable
for achieving environmental technology program results. The
provision ensures that the responsibility for those program
results is aligned with program direction and the management of
appropriated funds. The provision also includes a reporting
requirement.
The House amendment contained no similar provision.
The House recedes with an amendment that would provide
for a management and reporting framework.
Modification of membership of Strategic Environmental Research and
Development Program Council (sec. 324)
The Senate bill contained a provision (sec. 325) that
would amend section 2902(b) of title 10, United States Code, so
that the statute is consistent with a reorganization that
occurred within the Department of Defense.
The House amendment contained no similar provision.
The House recedes.
Extension of pilot program for sale of air pollution emission reduction
incentives (sec. 325)
The Senate bill contained a provision (sec. 326) that
would reauthorize a pilot program for the sale of air emission
reduction incentives established under section 351 of the
National Defense Authorization Act for Fiscal Year 1998 (Public
Law 105-85).
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Reimbursement for certain costs in connection with Fresno Drum
Superfund site, Fresno, California (sec. 326)
The Senate bill contained a provision (sec. 327) that
would authorize the Secretary of Defense to reimburse the
Fresno Drum Special Account of the Hazardous Substance
Superfund, established by section 9507 of the Internal Revenue
Code of 1986 (26 U.S.C. 9507).
The House amendment contained no similar provision.
The House recedes.
Payment of stipulated penalties assessed under CERCLA in connection
with F.E. Warren Air Force Base, Wyoming (sec. 327)
The Senate bill contained a provision (sec. 328) that
would authorize the payment of stipulated penalties assessed in
connection with F.E. Warren Air Force Base (AFB), Wyoming,
under the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA) of 1980 (42 U.S.C. 9601 et seq.).
The House amendment contained no similar provision.
The House recedes.
Remediation of asbestos and lead-based paint (sec. 328)
The House amendment contained a provision (sec. 321) that
would require the Secretary of Defense to 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 applicable Federal and State laws and Department of
Defense regulations.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to give appropriate consideration to
existing contract vehicles for remediation of asbestos and
lead-based paint, to include indefinite delivery, indefinite
quantity contracts.
The conferees note that the selected contract vehicle
must ensure the most cost-effective solution for the Department
of Defense and do not express a preference for any particular
contract vehicle. The conferees further note that section
2304a(d)(3) of title 10, United States Code, establishes a
statutory preference for awarding multiple indefinite delivery,
indefinite quantity contracts for the same scope of work, to
ensure competition for individual task orders and delivery
orders. This statutory preference applies to contracts for the
remediation of lead and asbestos hazards that may be entered
into by the Army Corps of Engineers and other Department of
Defense entities.
Release of information to foreign countries regarding any environmental
contamination at former United States military installations in
those countries (sec. 329)
The Senate bill contained a provision (sec. 329) that
would require the Secretary of Defense to disclose publicly
existing, available information relevant to a foreign nation's
determination of the nature and extent of environmental
contamination, if any, at a site within the foreign nation
where the United States operated a military installation that
has been closed as of the date of enactment of this Act.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to provide information only if the
information: (1) is requested by the government of the foreign
nation from which U.S. military forces were withdrawn in 1992;
(2) has not been previously provided; and (3) has been
requested within one year after the date of enactment of this
Act. The amendment would require the Secretary to provide
existing, available information relevant to the foreign
nation's determination of the nature and extent of
environmental contamination or report to Congress on the nature
of the information requested and the reasons why such
information was not provided. The conferees agreed to include
the limitations on U.S. liability and the national security
exemption contained in the Senate bill.
Toussaint River ordnance mitigation study (sec. 330)
The Senate bill contained a provision (sec. 330) that
would direct the Secretary of Defense to undertake a study
regarding the removal of ordnance that infiltrates the Federal
navigation channel and adjacent shorelines of the Toussaint
River. The provision would also authorize the Secretary to
conduct removal of the ordnance.
The House amendment contained no similar provision.
The House recedes with an amendment that would direct the
Secretary to conduct a study to remove ordnance infiltrating
the federal navigation channel and adjacent shorelines of the
Toussaint River in Ottawa County, Ohio. The Secretary shall
include in the report recommendations regarding continuation or
termination of any ongoing use of Lake Erie as an ordnance
firing range, and explain any recommendation to continue such
activities.
The Secretary would be authorized to use no more than
$800,000 to conduct the study. The report would be due no later
than April 1, 2000.
Subtitle D--Depot-Level Activities
Sales of articles and services of defense industrial facilities to
purchasers outside the Department of Defense (sec. 331)
The Senate bill contained a provision (sec. 344) that
wouldauthorize the Secretary of Defense to waive the
restrictions in sections 2208(j) and 2553 of title 10, United States
Code.
The House amendment contained a provision (sec. 363) that
would clarify the term ``not available'' in section 2553 of
title 10, United States Code.
The House recedes with an amendment that would authorize
the Secretary of Defense to waive the restrictions for national
security reasons and would clarify the term ``not available.''
Expansion of contracting authority for defense working capital funded
industrial facilities (sec. 332)
The House amendment contained a provision (sec. 362) that
would extend the authority of public sector industrial
facilities to provide services (to include engineering services
and subcontracts) to private sector firms if such services are
to be incorporated into a defense contract.
The Senate bill contained no similar provision.
The Senate recedes.
The conferees recognize that the ability under this
provision for public sector facilities to enter into a
subcontractor relationship with private sector contractors
raises concerns over the nature of the contractual relationship
and the manner in which disputes will be settled. The conferees
direct the Secretary of Defense to establish regulations
regarding the manner in which disputes in such cases will be
resolved. These regulations should include specific
instructions on how these concerns are to be addressed in the
contract formulation process, including the extent to which
private sector contractors will be held harmless in any case
where a public sector facility fails to meet the terms of a
subcontract under which it is performing work for the private
sector, and thus the prime contractor is unable to meet the
obligations of the contract with the Department of Defense.
Annual reports on expenditures for depot-level maintenance and repair
workloads by public and private sector (sec. 333)
The House amendment contained a provision (sec. 334) that
would require the Secretary of Defense to provide the Congress
with a report that would outline the percentages of depot
maintenance funds obligated for public and private sector
performance of depot maintenance over the past two years, as
well as the percentages that are expected to be obligated in
each year over the next five years.
The Senate bill contained no similar provision.
The Senate recedes.
Applicability of competition requirement in contracting out workloads
performed by depot-level activities of Department of Defense
(sec. 334)
The House amendment contained a provision (sec. 335) that
would clarify existing policy on including the cost of both
labor and materials in the determination of value of a depot
maintenance workload, as specified in section 2469 of title 10,
United States Code.
The Senate bill contained no similar provision.
The Senate recedes.
Treatment of public sector winning bidders for contracts for
performance of depot-level maintenance and repair workloads
formerly performed at certain military installations (sec. 335)
The House amendment contained a provision (sec. 336) that
would prohibit the imposition of any requirements on the
management of depot maintenance workloads obtained through
competition that would not be imposed on other depot
maintenance workloads performed by public depots.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would allow the
imposition of such requirements only to the extent necessary to
ensure compliance with the terms of the contract for the
workload obtained through competition.
Additional matters to be reported before prime vendor contract for
depot-level maintenance and repair is entered into (sec. 336)
The Senate bill contained a provision (sec. 342) that
would require the Secretary of Defense or the secretary of a
military department to include within the report required by
section 346 of the National Defense Authorization Act for
Fiscal Year 1999, an analysis of the extent to which a contract
conforms to the requirements of sections 2466 and 2464 of title
10, United States Code.
The House amendment contained no similar provision.
The House recedes.
Subtitle E--Performance of Functions by Private-Sector Sources
Reduced threshold for consideration of effect on local community of
changing defense functions to private sector performance (sec.
341)
The House amendment contained a provision (sec. 333) that
would require an evaluation of the impact on local economies
and local communities of decisions to convert the performance
of functions being performed by 50 or more government personnel
to private sector performance.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would clarify
that the evaluation did not include a complete economic
assessment or review of unique circumstances affecting the
local economy.
Congressional notification of A-76 cost comparison waivers (sec. 342)
The House amendment contained a provision (sec. 332) that
would require congressional notification of any decision to
waive cost comparison studies as part of the process to convert
commercial activities currently being performed by government
employees to performance by a private contractor.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Report on use of employees of non-Federal entities to provide services
to Department of Defense (sec. 343)
The House amendment contained a provision (sec. 331) that
would expand the required information provided in the annual
report to Congress on the level of commercial and industrial
functions that are procured by the Department of Defense from
private sector sources.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the inclusion of such information as may be practicably
obtained from existing government systems or voluntarily
obtained from private contractors.
Evaluation of total system performance responsibility program (sec.
344)
The House amendment contained a provision (sec. 338) that
would require the Secretary of the Air Force to provide a
report to Congress that would identify all Air Force programs
that are currently managed or presently planned to be managed
under the Total System Performance Responsibility Program.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Sense of Congress regarding process for modernization of Army computer
services (sec. 345)
The House amendment contained a provision (sec. 337) that
would require the Secretary of the Army to provide Department
of Defense civilian employees at the Logistics Systems Support
Center, St. Louis, Missouri, and the Industrial Logistics
Systems Center in Chambersburg, Pennsylvania, with the
opportunity to establish a most efficient organization for the
purpose of establishing a partnership with a private sector
entity selected to develop and implement new computer systems
at these locations.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would outline
the sense of Congress on the practices and oversight measures
that should be implemented for the Army Wholesale Logistics
Modernization Program.
Subtitle F--Defense Dependents Education
Assistance to local education agencies that benefit dependents of
members of the Armed Forces and Department of Defense civilian
employees (sec. 351)
The Senate bill contained a provision (sec. 345) that
would require the Department of Defense to use preceding year
average daily attendance to determine whether a local education
agency qualifies for financial assistance.
The House amendment contained a provision (sec. 341) that
would authorize $35.0 million for educational assistance to
local education agencies where the standard for the minimum
level of education within the state could not be maintained
because of the large number of military connected students and
would modify the procedures used to distribute funds to local
education agencies in order to speed a process much delayed by
legal and policy impediments.
The Senate recedes.
Unified school boards for all Department of Defense Domestic Dependent
Schools in the Commonwealth of Puerto Rico and Guam (sec. 352)
The Senate bill contained a provision (sec. 1056) that
would authorize one school board for all Department of Defense
domestic dependent elementary and secondary schools (DDESS)
arrangements in Puerto Rico and one school board for all DDESS
arrangements in Guam, even though there may be schools located
on more than one military installation in Puerto Rico and Guam.
The House bill contained no similar provision.
The House recedes.
Continuation of enrollment at Department of Defense Domestic Dependent
Elementary and Secondary Schools (sec. 353)
The Senate bill contained a provision (sec. 1055) that
would authorize the Secretary of Defense to allow, for good
cause, dependents of a member or former member of the armed
forces, or of a federal employee or former federal employee, to
continue their education in a Department of Defense domestic
dependent elementary or secondary school, even after the status
of the member or the employee changes.
The House amendment contained a provision (sec. 342) that
would permit a student who is enrolled in his or her junior
year at a Department of Defense domestic secondary school to
complete the student's senior year at that same school, even if
the student would be otherwise ineligible to attend the school
because of a change in the status of the student's sponsor.
The House recedes with an amendment that would merge the
two provisions.
Technical amendments to Defense Dependents' Education Act of 1978 (sec.
354)
The House amendment contained a provision (sec. 343) that
would make a number of technical and clerical amendments to the
Defense Dependents' Education Act of 1978 (title XIV of Public
Law 95-561).
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle G--Military Readiness Issues
Independent study of military readiness reporting system (sec. 361)
The House amendment contained a provision (sec. 353) that
would require the Secretary of Defense to commission RAND to
perform an assessment of the requirements for a comprehensive
readiness reporting system for the Department of Defense.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Independent study of Department of Defense secondary inventory and
parts shortages (sec. 362)
The House amendment contained a provision (sec. 351) that
would require an independent study of Department of Defense
secondary inventory and parts shortages, as well as a review of
the extent to which excess inventory can be eliminated.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the report to be performed by the Comptroller General of the
United States. The conferees direct the Comptroller General to
perform the review of excess inventory using methodology
designed to ensure that the Department's unique national
security requirements are considered, rather than apply a
methodology which is more appropriate for a commercial entity.
Report on inventory and control of military equipment (sec. 363)
The Senate bill contained a provision (sec. 1024) that
would require each of the military services to perform a
systematic inventory of major-end-items and a report on the
results of each of these inventories to Congress no later than
August 31, 2000. These reports should include the status and
location of each item accounted for, and the number and types
of items unaccounted for, and the steps taken to locate these
items and improve oversight in the future.
The House amendment contained no similar provision.
The House recedes.
Comptroller General study of adequacy of Department restructured
sustainment and reengineered logistics product support
practices (sec. 364)
The House amendment contained a provision (sec. 352) that
would require an independent study of new sustainment and other
logistics practices of the Department of Defense to determine
if there are adequate sustainment supplies necessary to
successfully execute the National Military Strategy.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
this study to be performed by the Comptroller General of the
United States.
Comptroller General review of real property maintenance and its effects
on readiness (sec. 365)
The House amendment contained a provision (sec. 354) that
would require the Secretary of Defense to commission an
independent report on the impact that inadequate funding for
real property maintenance has had upon military readiness.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Comptroller General of the United States to perform the
review and provide the report.
Establishment of logistics standards for sustained military operations
(sec. 366)
The House amendment contained a provision (sec. 355) that
would require the Secretary of Defense to establish standards
for deployable units of the armed forces regarding the required
level of spare parts and other similar logistic and sustainment
needs.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the secretaries of the military departments to establish these
standards.
Subtitle H--Information Technology Issues
Discretionary authority to install telecommunication equipment for
persons performing voluntary services (sec. 371)
The House amendment contained a provision (sec. 361) that
would authorize the Secretary of Defense to install telephone
lines and any necessary telecommunication equipment in the
private residences of individuals providing voluntary services
to the United States Armed Forces. This equipment would be
available for official use in connection with the voluntary
services provide.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Authority for disbursing officers to support use of automated teller
machines on naval vessels for financial transactions (sec. 372)
The Senate bill contained a provision (sec. 1006) that
would authorize the Department of Defense disbursing officials
to provide operating funds to Automated Teller Machines (ATMs)
on naval vessels and to accept funds transferred from credit
unions and commercial banks via these ATMs.
The House amendment contained a similar provision.
The House recedes with a technical amendment.
Use of Smart Card technology in the Department of Defense (sec. 373)
The Senate bill contained a provision (sec. 346) that
would designate the Navy as the lead agency for development and
implementation of Smart Card technology within the Department
of Defense (DOD). The provision would require the Army and Air
Force to establish project offices and establish a senior DOD
coordinating group and would require the Navy to establish a
plan to use Smart Cards throughout two major regions in the
United States. The Senate bill would also authorize funding for
Army and Air Force demonstration projects.
The House amendment contained no similar provision.
The House recedes with an amendment that clarifies that
the senior coordinating group shall report to and receive
guidance from the DOD Chief Information Officer, and deletes
the funding for Army and Air Force demonstration projects.
Report on Defense use of Smart Card as PKI authentication device
carrier (sec. 374)
The Senate bill contained a provision (sec. 347) that
would direct the Secretary of Defense to conduct a study to
determine the potential benefits of using the Smart Card as the
Department of Defense Public-Private Key Infrastructure (PKI)
authentication device.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the study to compare the costs and benefits of using the Smart
Card with those of any other device that could be readily used
for PKI authentication.
Subtitle I--Other Matters
Authority to lend or donate obsolete or condemned rifles for funeral
and other ceremonies (sec. 381)
The Senate bill contained a provision (sec. 348) that
would increase from 10 to 15 the number of excess M1 rifles the
Secretary of the Army may lend for use in funeral ceremonies,
and would also allow the Secretary to donate, as well as lend,
these excess rifles to honor guard units, law enforcement
agencies, or other veterans' organizations recognized by the
Secretary for use in funeral ceremonies for members or former
members of the armed forces.
The Senate bill contained an additional provision (sec.
1065) that would allow the Secretary to donate M1 rifles to
certain reorganizations.
The House amendment contained no similar provisions.
The House recedes with a technical amendment that would
combine the two provisions and require the Comptroller General
of the Unites States to review and report on the implementation
of these procedures.
Extension of warranty claims recovery pilot program (sec. 382)
The Senate bill contained a provision (sec. 341) that
would extend the authority for the program to recover funds
owed the Department of Defense for work performed at government
expense on engines under warranty.
The House amendment contained no similar provision.
The House recedes with an amendment to extend the due
dates of the reports.
Preservation of historic buildings and grounds at United States
Soldiers' and Airmen's Home, District of Columbia (sec. 383)
The House amendment contained a provision (sec. 365) that
would permit the Chairman of the Retirement Home Board and the
Director of the United States Soldiers' and Airmen's Home to
apply and accept a direct grant from the Secretary of the
Interior under section 101(e)(3) of the National Historic
Preservation Act (16 United States Code 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.
The Senate bill contained no similar provision.
The Senate recedes.
Clarification of land conveyance authority, United States Soldiers' and
Airmen's Home (sec. 384)
The House amendment contained a provision (sec. 366) that
would clarify section 1053 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201),
concerning the authorization for the United States Soldiers'
and Airmen's Home, located in the District of Columbia, to sell
approximately 49 acres of excess land. The section would
establish the specific manner, terms and conditions for the
conveyance of this land by sale or lease within 12 months of
enactment of the provision. The section would also preclude the
conveyance of this excess property through any public/private
partnership, and would givethe Catholic University of America,
located adjacent to the excess land in the District of Columbia, the
right to match any bona fide offer received for the sale or lease of
the property.
The Senate bill contained no similar provision.
The Senate recedes.
The conferees do not intend that this provision be
interpreted to require a second or a new appraisal of the 49
acres of excess land. The conferees remind the Secretary of
Defense and the Armed Forces Retirement Home Board that, in
accordance with section 1035(d) of the National Defense
Authorization Act for Fiscal Year 1997, before any sale or
lease of the excess land can be implemented, the Committees on
Armed Services of the Senate and the House of Representatives
must be notified of the disposal plan and the requisite waiting
time has expired.
Treatment of Alaska, Hawaii, and Guam in defense household moving
programs (sec. 385)
The House amendment contained a provision (sec. 367) that
would exclude Alaska, Hawaii, and Guam from any pilot program
involving the movement of service members household goods.
The Senate bill contained no similar provision.
The Senate recedes.
Under this provision, Hawaii and Guam shall be considered
international destinations solely for purposes of
administration of the household goods moving program. The
treatment of Hawaii and Guam as international destinations is
not intended to affect the applicability or operation of
section 12105 of title 46, United States Code, or section 27 of
title 46, United States Code.
LEGISLATIVE PROVISIONS NOT ADOPTED
Identification core logistic capability requirement for maintenance and
repair of C-17 aircraft
The House amendment contained a provision (sec. 339) that
would require the Secretary of the Air Force to provide a
report that would outline the core capability requirements for
the C-17.
The Senate bill contained no similar provision.
The House recedes.
Operation meterology and oceangraphy and UNOLS
The Senate bill contained a provision (sec. 305) that
would provide $10.0 million for Operational Meterology and
Oceangraphy and UNOLS.
The House amendment contained no similar provision,
however, section 301(2) would include funding for this program.
The Senate recedes.
Implementation of jointly approved changes in defense retail systems
The Senate bill contained a provision (sec. 343) that
would authorize the secretaries of the military departments to
implement recommendations of the Joint Services Due Diligence
Exchange Integration Study only if the recommendation is
approved by all of the secretaries of the military departments.
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense, in
conjunction with the secretaries of the military departments,
to review the Joint Exchange Due Diligence Study and provide,
not later than March 31, 2000, to the Committees on Armed
Services of the Senate and House of Representatives an
assessment of the recommendations in the study and a plan to
implement those recommendations that the Secretary determines
will improve operational efficiency and enhance the exchange
benefit.
Reimbursement of Navy Exchange Service Command for relocation expenses
The House amendment contained a provision (sec. 311) that
would authorize $8.7 million for reimbursement to the Navy
Exchange Service Command (NEXCOM) for costs incurred in
connection with the relocation of NEXCOM headquarters to
Virginia Beach, Virginia, and for the lease of headquarters
space.
The Senate amendment contained no similar provision.
The House recedes.
The conferees are concerned that Navy Morale, Welfare and
Recreation funds may have suffered reduced dividends from the
Navy Exchange Command as a result of the move of the Navy
Exchange Command headquarters from Staten Island, New York, to
Virginia Beach, Virginia. The conferees note that the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160) authorized the Navy to reimburse the Navy Exchange Command
up to $10.0 million for expenses related to the move. The
conferees urge the Secretary of the Navy to review the record
of the costs of moving the Navy Exchange Command headquarters,
the savings attributable to relocating to Virginia, and the
dividends the Navy Exchange Command paid the Navy Morale,
Welfare and Recreation fund. The conferees expect that the
Secretary of the Navy, following this review, to reimburse the
Navy Morale, Welfare and Recreation fund by the amount of
dividends determined to have been denied to sailors and their
families as a result of the move of the Navy Exchange Command
headquarters.
Title IV--Military Personnel Authorizations
LEGISLATIVE PROVISIONS ADOPTED
Subtitle A--Active Forces
End strengths for active forces (sec. 401)
The Senate bill contained a provision (sec. 401) that
would authorize active duty end strengths for fiscal year 2000,
as shown below:
----------------------------------------------------------------------------------------------------------------
Fiscal year--
-----------------------------------------------
1999 2000
authorization 2000 request recommendation
----------------------------------------------------------------------------------------------------------------
Army............................................................ 480,000 480,000 480,000
Navy............................................................ 372,696 371,781 371,781
Marine Corps.................................................... 172,200 172,148 172,240
Air Force....................................................... 370,882 360,877 360,877
----------------------------------------------------------------------------------------------------------------
The House amendment contained a provision (sec. 401) that
would authorize the following end strengths for active duty
personnel of the armed forces, as of September 30, 2000.
----------------------------------------------------------------------------------------------------------------
Fiscal year--
-----------------------------------------------
1999 2000
authorization 2000 request recommendation
----------------------------------------------------------------------------------------------------------------
Army............................................................ 480,000 480,000 480,000
Navy............................................................ 372,696 371,781 372,037
Marine Corps.................................................... 172,200 172,148 172,518
Air Force....................................................... 370,882 360,877 360,877
----------------------------------------------------------------------------------------------------------------
The Senate recedes.
The increase in authorized end strength for the Navy is
intended to preclude undermanning of the underway replenishment
ships. The increase in the authorized end strength of the
Marine Corps is intended to support the requirement for
additional Marine Security Guard personnel at United States
Embassies and Consulates.
Revision in permanent end strength minimum levels (sec. 402)
The Senate bill contained a provision (sec. 402) that
would establish the active duty end strength floors for fiscal
year 2000, as shown below:
------------------------------------------------------------------------
Fiscal year--
-------------------------------
1999 floor 2000 floor
------------------------------------------------------------------------
Army.................................... 480,000 480,000
Navy.................................... 372,696 371,781
Marine Corps............................ 172,200 172,148
Air Force............................... 370,802 360,877
------------------------------------------------------------------------
The House amendment contained an identical provision.
The conference agreement includes this provision.
Subtitle B--Reserve Forces
End strengths for Selected Reserve (sec. 411)
The Senate bill contained a provision (sec. 411) that
would authorize selected reserve end strengths for fiscal year
2000, as shown below:
----------------------------------------------------------------------------------------------------------------
Fiscal year--
-----------------------------------------------
1999 2000
authorization 2000 request recommendation
----------------------------------------------------------------------------------------------------------------
The Army National Guard of the United States.................... 357,223 350,000 350,623
The Army Reserve................................................ 208,003 205,000 205,000
The Naval Reserve............................................... 90,843 90,288 90,288
The Marine Corps Reserve........................................ 40,018 39,624 39,624
The Air National Guard of the United States..................... 106,992 106,678 106,744
The Air Force Reserve........................................... 74,243 73,708 73,764
The Coast Guard Reserve......................................... 8,000 8,000 8,000
The House amendment contained a provision (sec. 411) that would authorize the following end strengths for the
selected reserve personnel, including the end strength for reserves on active duty in support of the reserves,
as of September 30, 2000:
The Army National Guard of the United States.................... 357,223 350,000 350,000
The Army Reserve................................................ 208,003 205,000 205,000
The Naval Reserve............................................... 90,843 90,288 90,288
The Marine Corps Reserve........................................ 40,018 39,624 39,624
The Air National Guard of the United States..................... 106,992 106,678 106,678
The Air Force Reserve........................................... 74,243 73,708 73,708
The Coast Guard Reserve......................................... 8,000 8,000 8,000
----------------------------------------------------------------------------------------------------------------
The Senate recedes.
End strengths for Reserves on active duty in support of the reserves
(sec. 412)
The Senate bill contained a provision (sec. 412) that
wouldauthorize full-time support end strengths for fiscal year
2000, as shown below:
----------------------------------------------------------------------------------------------------------------
Fiscal year--
-----------------------------------------------
1999 2000
authorization 2000 request recommendation
----------------------------------------------------------------------------------------------------------------
The Army National Guard of the United States.................... 21,986 21,807 22,430
The Army Reserve................................................ 12,807 12,804 12,804
The Naval Reserve............................................... 15,590 15,010 15,010
The Marine Corps Reserve........................................ 2,362 2,272 2,272
The Air National Guard of the United States..................... 10,931 11,091 11,157
The Air Force Reserve........................................... 992 1,078 1,134
The House amendment contained a provision (sec. 412) that would authorize the following end strengths for
reserves on active duty in support of the reserves as of September 30, 2000:
The Army National Guard of the United States.................... 21,986 21,807 22,563
The Army Reserve................................................ 12,807 12,804 12,804
The Naval Reserve............................................... 15,590 15,010 15,010
The Marine Corps Reserve........................................ 2,362 2,272 2,272
The Air National Guard of the United States..................... 10,931 11,091 11,025
The Air Force Reserve........................................... 992 1,078 1,078
----------------------------------------------------------------------------------------------------------------
The House recedes.
The increase for the Army National Guard is intended to
support an increase in full-time support personnel and required
manning for 12 additional Rapid Assessment and Initial
Detection (RAID) teams.
The increase for the Air National Guard is intended to
support required manning for 12 additional RAID teams.
The increase for the Air Force Reserve is intended to
support the transfer if the functional check flight and test
support missions within Air Force Material Command from the
active Air Force to the Air Force Reserve.
End Strengths for military technicians (dual status) (sec. 413)
The Senate bill contained a provision (sec. 413) that
would establish the minimum level of dual status military
technician end strengths for fiscal year 2000, as shown below:
----------------------------------------------------------------------------------------------------------------
Fiscal year--
-----------------------------------------------
1999 2000
authorization 2000 request recommendation
----------------------------------------------------------------------------------------------------------------
The Army National Guard of the United States.................... 23,125 21,361 22,396
The Army Reserve................................................ 5,395 5,179 5,179
The Air National Guard of the United States..................... 22,408 22,247 22,247
The Air Force Reserve........................................... 9,761 9,785 9,785
----------------------------------------------------------------------------------------------------------------
The provision would also authorize non-dual status
military technician end strengths for fiscal year 2000, as
shown below:
------------------------------------------------------------------------
Fiscal year--
-------------------------------
2000
2000 request recommendation
------------------------------------------------------------------------
The Army National Guard of the United 1,800 1,800
States.................................
The Army Reserve........................ 1,295 1,295
The Air National Guard of the United 342 342
States.................................
The Air Force Reserve................... 342 342
------------------------------------------------------------------------
The House amendment contained a provision (sec. 413) that
would authorize the following end strength floors for dual
status military technicians, as of September 30, 2000:
----------------------------------------------------------------------------------------------------------------
Fiscal year--
-----------------------------------------------
1999 2000
authorization 2000 request recommendation
----------------------------------------------------------------------------------------------------------------
The Army National Guard of the United States.................... 23,125 21,361 23,125
The Army Reserve................................................ 5,395 5,179 6,474
The Air National Guard of the United States..................... 22,408 22,247 22,247
The Air Force Reserve........................................... 9,761 9,785 9,785
----------------------------------------------------------------------------------------------------------------
The Senate recedes.
The increase in the minimum number of dual status
military technicians in the Army National Guard and the Army
Reserve is intended to support the determination of the
conferees that technician positions be filled with dual status
personnel and a belief that the budget request reduced military
technician levels below that attributable to force structure
reductions
Increase in numbers members in certain grades authorized to be on
active duty in support of the Reserves (sec. 414)
The Senate bill contained a provision (sec. 414) that
would increase the control grades for active guard reserve
personnel.
The House amendment contained a provision (sec. 414) that
would authorize increases in the grades of reserve members
authorized to serve on active duty or on full-time national
guard duty for the administration of the reserves or the
National Guard.
The House recedes.
Selected Reserve end strength flexibility (sec. 415)
The Senate bill contained a provision (sec. 411c) that
would authorize the Secretary of Defense to increase selected
reserve end strength in any fiscal year by not more than two
percent.
The House amendment contained a provision (sec. 415) that
would permit the Secretary of Defense to vary by not more than
two percent the selected reserve end strength authorized in a
fiscal year for any of the reserve components.
The Senate recedes.
Subtitle C--Authorization of Appropriations
Authorization of appropriations for military personnel (sec. 421)
The Senate bill contained a provision (sec.421) that
would authorize $71,693,093,000 to be appropriated to the
Department of Defense for military personnel.
The House amendment contained a provision (sec. 421) that
would authorize $72,115,367,000 to be appropriated to the
Department of Defense for military personnel.
The House recedes with an amendment that would authorize
$71,884,867,000 to be appropriated to the Department of Defense
for military personnel.
The conferees added $27.0 million to fund additional full
time support personnel necessary to add 17 Rapid Assessment and
Initial Detection teams; $156.0 million for the incremental
costs of the 4.8 percent pay raise; $225.0 million to increase
the basic allowance for housing; $59.0 million to be
transferred to the retirement accrual account to offset costs
of repealing dual compensation; $15.0 million for additional
Army enlistment bonuses; $21.0 million for additional Army
selective reenlistment bonuses; $2.0 million for additional
Army Reserve enlistment bonuses; and $5.0 million increase to
Naval Reserve recruiting. The conferees offset the increases
with reductions: $161.0 million in savings from the Redux
retirement reform; $270.0 million in end strength under
execution; $16.0 million excess in United States Marine Corps
military personnel budget request; $20.0 million in Army
National Guard work year reduction; $12.0 million in Air Force
temporary early retirement re-phasing; and $31.0 million excess
in the foreign currency fluctuation account. An additional
$1,838,000,000 provided in the emergency Supplemental
Appropriations Act for military personnel related to operations
in the Balkans was reallocated to readiness and procurement
accounts.
LEGISLATIVE PROVISIONS NOT ADOPTED
Reduction of end strengths below levels for two major regional
contingencies
The Senate bill contained a provision (sec. 403) that
would amend section 691(d) of title 10, United States Code, to
permit the Secretary of Defense to reduce end strength floors
only after notifying Congress in writing of the scope of the
reduction and the justification for such reductions.
The House amendment contained no similar provision.
The Senate recedes.
Title V--Military Personnel Policy
ITEMS OF SPECIAL INTEREST
Medical and physical accession and retention standards
Recognizing that the military services face significant
challenges in both the recruitment and retention of sufficient
personnel, the conferees support the range of creative and
innovative programs that the military services are undertaking
to solve recruiting and retention shortfalls. To that end, the
conferees urge the Secretary of Defense to undertake a thorough
review of the medical and physical standards by which the
services adjudge a person's fitness for accession and
retention. Persons with conditions heretofore considered
disabling today make significant contributions in all walks of
life. In urging the Secretary to undertake the review of
accession and retention standards, the conferees want to
examine the premise that persons with conditions previously
considered disqualifying for entry into or retention in the
military might now provide a source of qualified personnel to
assist the military services in meeting manning requirements.
However, the conferees acknowledge that service members must
meet or exceed certain physical and medical standards to be
able to fight and win the Nation's wars.
LEGISLATIVE PROVISIONS ADOPTED
Subtitle A--Officer Personnel Policy
Temporary authority for recall of retired aviators (sec. 501)
The House amendment contained a provision (sec. 562) that
would authorize the secretaries of the military departments, in
coordination with the Secretary of Defense, to conduct a pilot
program to recall to active duty officers with aviation
expertise to serve in aviation staff billets and would
authorize a maximum of 500 officers throughout the Department
of Defense to be recalled to active duty during the period
October 1, 1999 through September 30, 2002. The provision would
require the Secretary of Defense to submit a report on the
results of the pilot program to the Committees on Armed
Services of the Senate and the House of Representatives not
later than March 31, 2002. The section would require the
Secretary of Defense to include in the report a recommendation
concerning extension of the authority.
The Senate bill contained no similar provision.
The Senate recedes.
Increase in maximum number of officers authorized to be on active-duty
list in frocked grade of brigadier general and rear admiral
(lower half) (sec. 502)
The Senate amendment contained a provision (sec. 503)
that would increase the number of officers permitted to be
frocked to the grade of brigadier general or rear admiral from
35 to 55.
The House amendment contained no similar provision.
The House recedes.
Reserve officers requesting or otherwise causing nonselection for
promotion (sec. 503)
The Senate amendment contained a provision (sec. 504)
that would eliminate a loophole in section 617(c), title 10,
United States Code, that permitted reserve officers to request
nonselection by a promotion board and, as a result of a
subsequent nonselection, avoid a service obligation and
recoupment of bonus payments while regular officers are
prohibited from such actions.
The House amendment contained no similar provision.
The House recedes.
Minimum grade of officers eligible to serve on boards of inquiry (sec.
504)
The Senate bill contained a provision (sec. 505) that
would modify the required board membership for Boards of
Inquiry from the current requirement of three officers in the
grade of colonel, or captain in the case of the Navy, to one
officer in the grade of colonel, or captain in the case of the
Navy, and two officers in the grade of lieutenant colonel, or
commander in the case of the Navy. The recommended provision
does not change the requirement that the members of the board
must be senior in grade to any officer considered by that
board.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Minimum selection of warrant officers for promotion from below the
promotion zone (sec. 505)
The Senate bill contained a provision (sec. 506) that
would authorize below the zone selection for promotion of
warrant officers in all competitive categories even when the
promotion zone lacks sufficient numbers to permit
recommendation for promotion of an officer from below the
promotion zone using the current formula.
The House amendment contained a similar provision.
The House recedes.
Increase in threshold period of active duty for applicability of
restriction on holding of civil office by retired regular
officers and reserve officers (sec. 506)
The Senate bill contained a provision (sec. 507) that
would change the number of days reserve officers or retired
regular officers may hold civil office while serving on active
duty from 180 days to 270 days to conform to the maximum number
of days for which a reservist may be called to active duty
under the Presidential Selective Reserve Call-up (PSRC)
authority.
The House amendment contained a similar provision (sec.
564).
The House recedes.
Exemption of retiree council members from recalled retiree limits (sec.
507)
The Senate bill contained a provision (sec. 508) that
would exempt retired officers recalled to active duty for
purposes of attending the annual meeting of a retiree council
from counting against the limitation on the number of retired
officers who may be recalled to active duty.
The House amendment contained a provision (sec. 561) that
would permit the Secretary to recall up to 150 retired officers
to active duty, and permit a recalled officer to serve up to 36
months.
The House recedes.
Technical amendments relating to joint duty assignments (sec. 508)
The House amendment contained a provision (sec. 502) that
would amend section 619(a), title 10, United States Code, to
delete an expired waiver authority, but would retain the
requirement that officers who received waivers before January
1, 1997 and January 1, 1999 must complete a full tour of duty
in a joint duty assignment as a prerequisite for appointment to
lieutenant general or vice admiral.
The Senate bill contained no similar provision.
The Senate recedes.
Three-year extension of requirement for competition for joint 4-star
officer positions (sec. 509)
The Senate bill contained a provision (sec. 501) that
would extend the exemption of combatant commanders (CINCs), the
Deputy Commander-in-Chief of the United States European Command
(DCINCEUR), and the Commander-in-Chief, United States Forces,
Korea from the ceiling for grades above major general or rear
admiral for three years from September 30, 2000 to September
30, 2003.
The House amendment contained a provision (sec. 403) that
would make permanent the exemption which expires September 30,
2000. The section would also prohibit the use of the exemption
from increasing the total numbers of general officers on active
duty, and from increasing the numbers of four-star general
officers by mandating that the exemptions be used to fill joint
three-star positions that, without the exemption, would
otherwise not be filled. Finally, the section would make
permanent the requirement that each service secretary nominate
a candidate to the Secretary of Defense to fill vacancies in
four-star joint officer command positions.
The House recedes with an amendment that would include
the clarification of certain limitations of the number of
active-duty generals and flag officers.
Subtitle B--Reserve Component Personnel Policy
Continuation of officers on reserve active-status list to complete
disciplinary action (sec. 511)
The Senate bill contained a provision (sec. 515) that
would permit service secretaries to retain, on the Reserve
Active Status List, any reserve officer until the completion of
a court-martial action. The provision prevents reserve officers
from separating from the service to avoid prosecution. Service
secretaries currently have a similar authority for retaining
active component officers.
The House amendment contained a similar provision (sec.
511).
The Senate recedes with a clarifying amendment.
Authority to order reserve component members to active duty to complete
a medical evaluation (sec. 512)
The Senate bill contained a provision (sec. 715) that
would amend section 12301 of title 10, United States Code, to
provide the Secretary of Defense with the authority to
authorize the service secretary concerned to order a member of
a Reserve component to active duty, with his consent, to
complete a required health surveillance study or medical
evaluation in conjunction with a Department of Defense program
of data collection, analysis, and information dissemination.
The provision would also authorize the Secretary of Defense to
retain a reserve component member on active duty to receive
medical treatment for an illness or disease associated with the
study or evaluation.
The House amendment contained a provision (sec. 512) that
would authorize the secretaries of the military departments,
with the concurrence of the Secretary of Defense, to order a
reserve member to active duty to receive medical care, to be
medically evaluated for disability or other purpose, or to
complete a required Department of Defense health care study.
The section would require the member to consent to the recall.
The Senate recedes with a clarifying amendment.
Exclusion of reserve officers on educational delay from eligibility for
consideration for promotion (sec. 513)
The Senate bill contained a provision (sec. 518) that
would prohibit promotion eligibility for reserve officers in an
educational delay status.
The House amendment contained a similar provision (sec.
513).
The House recedes.
Extension of period for retention of reserve component majors and
lieutenant commanders who twice fail of selection for promotion
(sec. 514)
The Senate bill contained a provision (sec. 514) that
would extend the period of service of reserve component majors
and lieutenant commanders following a second failure to be
selected for promotion. The recommended provision would provide
a reserve component major or lieutenant commander with twenty
years of service, or less than six months to reach twenty years
of service, a six month period to transition out of the
service.
The House amendment contained a similar provision (sec.
514).
The House recedes.
Computation of years of service exclusion (sec. 515)
The Senate bill contained a provision (sec. 519) that
would not include the years spent in a college student
commissioning service status in the computation of years of
service for a reserve officer. The provision would permit
reserve officers to serve several more years before facing
mandatory separation based on years of service.
The House amendment contained a similar provision (sec.
515).
The Senate recedes with a clarifying amendment.
Retention of reserve component chaplains until age 67 (sec. 516)
The Senate bill contained a provision (sec. 516) that
would permit the Secretary of the Army and the Secretary of the
Air Force to retain reserve component chaplains until age 67.
The House amendment contained a similar provision (sec.
516).
The House recedes.
Expansion and codification of authority for space required travel on
military aircraft for reserves performing inactive-duty
training outside the continental United States (sec. 517)
The Senate bill contained a provision (sec. 644) that
would expand and codify section 8023 of the Department of
Defense Appropriations Act for Fiscal Year 1998 to authorize
space required travel for certain reservists performing
inactive-duty training outside the continental United States.
The House amendment contained a similar provision (sec.
517).
The House recedes with a clarifying amendment.
Subtitle C--Military Technicians
Revision to military technician (dual status) law (sec. 521)
The House amendment contained a provision (sec. 521) that
would clarify section 10216 of title 10, United States Code,
pertaining to military technicians (dual status), and extend
the time from six months to up to 12 months that a person may
remain employed as a technician in the Army and Air Force
Reserve following loss of status as a military technician (dual
status).
The Senate bill contained no similar provision.
The Senate recedes.
Civil service retirement of technicians (sec. 522)
The House amendment contained a provision (sec. 522) that
would require the retirement of retirement-eligible Army or Air
Force Reserve military technicians (dual status) upon loss of
dual status. The section would also establish procedures for
the continued employment of certain non-retirement eligible
technicians in the Army or Air Force Reserve who had been hired
on or before February 10, 1996, as well as for the re-
employment and separation of non dual-status technicians hired
subsequently.
The section would also make a non-dual status technician
in the Army or Air Force Reserve ineligible for a voluntary
personnel action involving a military technician (dual status)
position. The section would define ``voluntary personnel
action'' as one involving the hiring, entry, appointment,
reassignment, or transfer into a military technician (dual
status) position other than the one occupied by the non-dual
status technician; or promotion in grade in a current position,
if the non-dual status technician occupies a position which the
Secretary of the Army or Air Force, as appropriate, has
designated as requiring a military technician (dual status).
The section would take effect one year after the date of
enactment of this bill.
The section would create new early retirement criteria
for any technician hired after February 10, 1996 who becomes a
non-dual status technician. The new criteria would make a
military technician (dual status) eligible for immediate
retirement after completing 25 years of service, or after
becoming 50 years of age and completing 20 years of service.
Such revised retirement criteria would help to ensure the
sustainment of the youthful, vigorous technician force that
will be required in the 21stCentury.
The section would also permit Army and Air Force Reserve
technicians who qualify for the Civil Service Retirement System
(CSRS) to be provided a disability retirement--something for
which, heretofore, only National Guard technicians under CSRS
were qualified.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would eliminate
the limit on the number of mandatory retirements that could be
considered in a year.
Revision to non-dual status technicians statute (sec. 523)
The House amendment contained a provision (sec. 523) that
recognize that the National Guard, as well as the Army and Air
Force Reserves, require a limited number of non-dual status
technicians to operate effectively and would limit the total
number of non-dual status technicians in the National Guard to
no more than 1,950 on and after October 1, 2001, and the total
in the Army and Air Force Reserves to no more than 175, on or
after October 1, 2007. If at any time after the effective dates
the numerical limits are exceeded, the section would require
that the Secretary of Defense take action to require the
appropriate secretaries of the military services to immediately
reduce the excess.
The Senate bill contained no similar provision.
The Senate recedes.
Revision to authorities relating to National Guard technicians (sec.
524)
The House amendment contained a provision (sec. 524) that
would amend section 709 of title 32, United States Code, to
authorize the Secretary of the Army and the Secretary of the
Air Force to employ non-dual status technicians in the National
Guard.
The Senate bill contained no similar provision.
The Senate recedes.
Effective date (sec. 525)
The House amendment contained a provision (sec. 525) that
would delay the non-dual status technician employment authority
provided to the Department in sections 523 and 524 in the House
amendment until 180 days after the Secretary of Defense submits
the plan for eliminating all non-dual status technicians
required by the National Defense Authorization Act for Fiscal
Year 1998 or provides an alternative plan for non-dual status
technicians.
The Senate bill contained no similar provision.
The Senate recedes.
Secretary of Defense review of Army technician costing process (sec.
526)
The House amendment contained a provision (sec. 526) that
would require the Secretary of Defense to review, and if
necessary direct revisions to, the procedures and processes
employed by the Army to develop budget estimates of the
required annual authorizations and appropriations for civilian
personnel, and especially Army National Guard and Army Reserve
military technicians (dual status).
The Senate bill contained no similar provision.
The Senate recedes.
Fiscal year 2000 limitation on number of non-dual status technicians
(sec. 527)
The House amendment contained a provision (sec. 527) that
would establish numerical limits on the number of non-dual
status technicians who may be employed in the Department of
Defense as of September 30, 2000.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle D--Service Academies
Strength limitations at the service academies (sec. 531)
The Senate bill contained a provision (sec. 531) that
would provide the secretary of a military department the
authority to waive the 4,000 cadet strength limitation by five
percent after the secretary notifies the Committees on Armed
Services of the Senate and the House of Representatives.
The House amendment contained a provision (sec. 532) that
would require the Secretary of the Army to bring the academy
into compliance with the law by the day prior to the graduation
date of the first, or senior class, in June 2002. The section
would also provide authority for the Secretary of the Army in
school year 1999, 2000, and 2001 to vary the cadet end
strengths from the statutory limit. The section would also
repeal section 511, of the National Defense Authorization Act
for Fiscal Year 1992 (Public Law 102-190), add the strength
limitations of that section to title 10, United States Code,
and require that compliance with the cadet and midshipmen
strength limitations will be measured annually as of the day
before graduation for each of the service academies.
The Senate recedes with an amendment that would require
that compliance with the cadet and midshipmen strength
limitations will be measured annually as of the day before
graduation for each of the service academies, would provide the
secretary of a military department authority to waive the cadet
and midshipmen strength limitations by one percent, and would
provide the Secretary of the Army authority to waive the cadet
strength limitation at the United States Military Academy by
five percentin the 1999-2000 school year and by two and one-
half percent in the 2000-2001 school year.
Superintendents of the service academies (sec. 532)
The Senate bill contained a provision (sec. 502) that
would exclude an officer serving in the position of
Superintendent of the United States Military Academy,
Superintendent of the United States Naval Academy, or
Superintendent of the United States Air Force Academy in the
grade of lieutenant general, or vice admiral in the case of the
Navy, from counting against the limit on three- and four-star
general or flag officers. The recommended provision would
require that, upon termination of a detail as Superintendent,
the officer must retire. The recommended provision would become
effective with the appointment of the next Superintendent at
each academy.
The House amendment contained a provision (sec. 534) that
would exempt officers while serving as the superintendents of
the service academies, when serving in the grades of lieutenant
general or vice admiral, from counting against the limits
imposed by section 525(b) of title 10, United States Code.
The House recedes with an amendment that would exclude an
officer serving in the position of Superintendent of the United
States Military Academy, Superintendent of the United States
Naval Academy, or Superintendent of the United States Air Force
Academy in the grade of lieutenant general, or vice admiral in
the case of the Navy, from counting against the limit on three-
and four-star general or flag officers effective upon enactment
of this Act. The amendment would also specify that the
requirement for an officer to retire upon termination of a
detail as Superintendent would become effective with the
appointment of the next Superintendent at each academy.
Dean of academic board, United States Military Academy and dean of the
faculty, United States Air Force Academy (sec. 533)
The House amendment contained a provision (sec. 533) that
would authorize the Dean of the Academic Board, United States
Military Academy, and Dean of the Faculty, United States Air
Force Academy to hold the rank of brigadier general. The
section would also require that these two general officers be
counted against and not increase the statutory limits on the
total number of general officers.
The Senate bill contained no similar provision.
The Senate recedes.
Waiver of reimbursement of expenses for instruction at service
academies of persons from foreign countries (sec. 534)
The Senate bill contained a provision (sec. 532) that
would repeal the current limits on the number of foreign
students at service academies for which the Secretary of
Defense may waive reimbursement for tuition costs.
The House amendment contained a provision (sec. 531) that
would increase the Secretary's authority by allowing the full
cost waivers for up to 20 students at a time at each academy,
and by permitting the waiver of up to 50 percent of the cost of
attendance for all other international students.
The Senate recedes with an amendment that would repeal
section 301 of the 1999 Emergency Supplemental Appropriations
Act (Public Law 106-31) that provided the Secretary of Defense
with temporary authority to waive tuition costs for
international students.
Expansion of foreign exchange programs of the service academies (sec.
535)
The Senate bill contained a provision (sec. 533) that
would expand the foreign exchange student program in the
service academies by increasing the number of cadets or
midshipmen who may participate in exchange programs from 10 to
24 and increase the authorized expenditures to support such
exchanges from $50,000 to $120,000.
The House amendment contained no similar provision.
The House recedes.
Subtitle E--Education and Training
Establishment of a Department of Defense international student program
at the senior military colleges (sec. 541)
The House amendment contained a provision (sec. 541) that
would require the Secretary of Defense to establish a program
to facilitate the enrollment and instruction of international
students at the Senior Military Colleges (SMC). The Secretary
of Defense would be authorized to underwrite, in whole or in
part, the cost of the international students' attendance at the
SMCs.
The Senate bill contained no similar provision.
The Senate recedes.
Authority for Army War College to award degree of master of strategic
studies (sec. 542)
The Senate bill contained a provision (sec. 535) that
would authorize the Commandant of the United States Army War
College to confer the degree of Masters of Strategic Studies
upon graduates of the War College who fulfill the requirements
of the degree.
The House amendment contained a similar provision (sec.
542).
The House recedes.
Authority for Air University to award graduate-level degrees (sec. 543)
The Senate bill contained a provision (sec. 537) that
would authorize the Commander of the Air Force Air University
to confer graduate-level degrees upon graduates of the Air
University who fulfill the requirements of a degree. The
recommended provision would permit award of the degrees of
Master of Strategic Studies for the Air War College, Master of
Military Operational Art and Science for the Air Command and
Staff College, and Master of Airpower Art and Science for the
School of Advanced Airpower Studies.
The House amendment contained a similar provision (sec.
543).
The Senate recedes.
Reserve credit for participation in health professions scholarship and
financial assistance program (sec. 544)
The Senate bill contained a provision (sec. 517) that
would specify that the award of service credit for reservists
who participate in a health professions scholarship and
financial assistance program applies only to those who complete
a satisfactory year of service in the Selected Reserve and
would revise the existing statutes to ensure that reserve
service credit for reservists who participate in a health
professions scholarship and financial assistance program is not
awarded for pay and longevity purposes.
The House amendment contained a similar provision (sec.
544).
The House recedes.
Permanent authority for ROTC scholarships for graduate students (sec.
545)
The Senate bill contained a provision (sec. 534) that
would make permanent a temporary authority that permits
graduate students to be awarded Reserve Officer Training Corps
(ROTC) scholarships and would limit the number of graduate
student ROTC scholarships awarded to 15 percent of the total
number of scholarships.
The House amendment contained a similar provision (sec.
545).
The House recedes.
Increase in monthly subsistence allowance for Senior ROTC cadets
selected for advanced training (sec. 546)
The House amendment contained a provision (sec. 546) that
would increase the monthly subsistence allowance of senior
Reserve Officer Training Corps cadets from $150 per month to
$200 per month.
The Senate bill contained no similar provision.
The Senate recedes.
Contingent funding increase for Junior ROTC program (sec. 547)
The House amendment contained a provision (sec. 547) that
would require that any funds appropriated annually for the
National Guard Youth Challenge Program in excess of $62.5
million would be provided to the Junior Reserve Officer
Training Corps (ROTC) program.
The Senate bill contained no similar provision.
The Senate recedes.
Change from annual to biennial reporting under the reserve component
Montgomery GI Bill (sec. 548)
The Senate bill contained a provision (sec. 574) that
would change the frequency for the Secretary of Defense to
report to the Congress concerning the operation of the Selected
Reserve educational assistance program under the Montgomery
G.I. Bill from annually to every two years, covering the period
of time since the last report and would permit the Secretary of
Defense to submit a report more frequently if he deems such an
activity to be appropriate.
The House amendment contained a provision (sec. 548) that
would authorize the Secretary of Defense to submit a report on
the reserve component Montgomery GI Bill on a biennial basis in
lieu of the current requirement to submit the report on an
annual basis.
The Senate recedes with an amendment that would merge the
two provisions into a single provision retaining the
authorities of both.
Recodification and consolidation of statutes denying Federal grants and
contracts by certain departments and agencies to institutions
of higher education that prohibit senior ROTC units or military
recruiting on campus (sec. 549)
The House amendment contained a provision (sec. 549) that
would consolidate and recodify three provisions of law related
to colleges and universities that prohibit senior Reserve
Officers Training Corps units or military recruiting on campus.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Accrual funding for Coast Guard Montgomery GI Bill liabilities (sec.
550)
The Senate bill contained a provision (sec. 1079) that
would permit the Secretary of Transportation to deposit funds
in the Department of Defense Education Benefits Fund to finance
the Coast Guard College Fund program.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Subtitle F--Reserve Component Management
Financial assistance program for pursuit of degrees by officer
candidates in Marine Corps Platoon Leaders Class program (sec.
551)
The Senate bill contained a provision (sec. 539) that
would authorize the Secretary of the Navy to provide financial
assistance to an eligible enlisted member of the Marine Corps
Reserve for expenses incurred in pursuit of a baccalaureate
degree and a commission in the Marine Corps.
The House amendment contained a similar provision (sec.
518).
The House recedes with an amendment that would authorize
the Secretary of the Navy to, under certain conditions, waive
the enlisted service obligation.
Options to improve recruiting for the Army Reserve (sec. 552)
The House amendment contained a provision (sec. 519) that
would direct the Secretary of the Army to conduct a review of
the Army's system of recruiting for the Army Reserve to include
examining, as a possible course of corrective action, whether
the responsibility for Army Reserve recruiting should be placed
under the control of the Army Reserve Command.
The Senate bill contained no similar provision.
The Senate recedes.
Joint duty assignments for reserve component general and flag officers
(sec. 553)
The Senate bill contained a provision (sec. 511) that
would permit up to 25 reserve component general and flag
officers to serve on active duty for periods of 180 days or
longer without counting against the active duty general and
flag officer limits.
The House amendment contained no similar provision.
The House recedes with an amendment that would create a
``Chairman's 10'' category for reserve component general and
flag officers. The Chairman of the Joint Chiefs of Staff would
designate up to 10 one-star and two-star positions to be filled
for tours of duty in excess of 180 days only by reserve
component general and flag officers. The designated positions
would be considered joint duty assignments for the purposes of
chapter 38 of title 10, United States Code. Reserve component
officers filling these designated positions would not count
against the number of general and flag officers on active duty
or the limits on the distribution of officers within the
general and flag officer grades. The 10 reserve component
officers filling the designated positions would be in addition
to those reserve component general and flag officers on active
duty tours in excess of 180 days who are counted against the
number of general and flag officers on active duty and are
included in the distribution of officers within the general and
flag officer grades.
Grade of chiefs of reserve components and the additional general
officers at the National Guard Bureau (sec. 554)
The Senate bill contained a provision (sec. 522) that
would establish the grade of the chiefs of the reserve
components and the directors of the Army and Air National Guard
as three-star positions. The provision would exempt these
officers from counting against the limit on the number of
general and flag officers on active duty, but would not exempt
the positions from the limits on the number of three- and four-
star general and flag officers.
The House amendment contained no similar provision.
The House recedes with an amendment that would authorize
the chiefs of the reserve components and the directors of the
Army and Air National Guard to serve at one grade higher than
currently authorized if certain conditions were met. Officers
serving as the chief of a reserve components or director of the
Army or Air National Guard would be authorized, subject to the
advice and consent of the Senate, to serve one grade higher
than currently authorized if they were recommended by the
secretary of the military department and were adjudged by the
Chairman of the Joint Chiefs of Staff, as a result of a
criteria and process established by the Chairman, to possess
significant joint duty experience. Officers in these positions
serving at a higher grade would count against the number of
general and flag officers on active duty and against the limit
on three- and four-star general and flag officers. The
amendment would, for a three-year transition period, permit the
Secretary of Defense to waive the joint duty experience
criteria established by the Chairman of the Joint Chiefs of
Staff
While the ultimate decision regarding qualifying criteria
should be left with the Chairman of the Joint Chiefs, the
conferees believe that officers serving at a higher grade
should not be limited exclusively to those who have served a
joint general and flag officer tour. The conferees believe that
reserve officers could gain joint experience in a variety of
different ways, for example, as a result of repetitive tours of
less than 180 days, as an individual mobilization augmentee, as
an advisor to the Chairman of the Joint Chiefs of Staff, or
some other experience. The conferees urge the Chairman of the
Joint Chiefs of Staff to take account of this consideration
when formulating the selection criteria.
Duties of Reserves on active duty in support of the Reserves (sec. 555)
The Senate bill contained a provision (sec. 512) that
would expand the functions and duties authorized to be
performed by Active Guard and Reserve (AGR) personnel. The
recommendedprovision would also require the Secretary of
Defense to review how AGR personnel will be used given the expanded
functions and duties, and would require the Secretary of Defense to
report to the Committees on Armed Services of the Senate and the House
of Representatives on whether AGRs should be accounted for within the
active component end strength and funded within the appropriations for
active component military personnel.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Repeal of limitation on number of Reserves on full-time active duty in
support of preparedness for responses to emergencies involving
weapons of mass destruction (sec. 556)
The Senate bill contained a provision (sec. 513) that
would repeal the limitation on the number of reserves on full-
time active duty who can provide support in response to an
emergency involving weapons of mass destruction.
The House amendment contained no similar provision.
The House recedes.
Establishment of Office of the Coast Guard Reserve (sec. 557)
The Senate bill contained a provision (sec. 521) that
would establish in the Coast Guard an Office of Reserve Affairs
headed by an officer in a grade above captain.
The House amendment contained no similar provision.
The House recedes with an amendment that would permit any
Coast Guard officer in the grade of Captain with more than 10
years of service and who is recommended by the Secretary of
Transportation to be nominated to be the Director of the Coast
Guard Reserve.
Report on use of National Guard facilities and infrastructure for
support of provision of services to veterans (sec. 558)
The Senate bill contained a provision (sec. 1033) that
would require the Chief of the National Guard Bureau, in
consultation with the Secretary of Veterans Affairs, to submit
a report to the Secretary of Defense assessing the feasibility
and desirability of using the facilities and electronic
infrastructure of the National Guard to support providing
services to veterans. The Secretary of Defense would be
required to submit the report, not later than April 1, 2000, to
the Congress along with any comments the Secretary considers
important.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Subtitle G--Decorations, Awards, and Commendations
Waiver of time limitations for award of certain decorations to certain
persons (sec. 561)
The Senate bill contained a provision (sec. 551) that
would waive the statutory time limitations for the award of
military decorations to certain individuals who have been
recommended by the service concerned for these awards.
The House amendment contained a similar provision (sec.
551).
The Senate recedes with an amendment that would merge the
two provisions so as to include all award recommendations that
have received a favorable recommendation from the service
secretary concerned.
Authority for award of Medal of Honor to Alfred Rascon for valor during
the Vietnam conflict (sec. 562)
The Senate bill contained a provision (sec. 552) that
would waive the statutory time limits and authorize the
President to award the Medal of Honor to Alfred Rascon, of
Laurel, Maryland for valor during the Vietnam conflict.
The House amendment contained an identical provision
(sec. 553).
The conference agreement includes this provision.
Elimination of current backlog of requests for replacement of military
decorations (sec. 563)
The Senate bill contained a provision (sec. 553) that
would require the Secretary of Defense to make available such
funds and resources as are necessary to eliminate the backlog
of requests for the issuance of military decorations for former
members of the armed forces.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
The conferees are aware that the services have entered
into contracts with the National Personnel Records Center,
where the military records are archived, to conduct the
necessary research and determine the eligibility for the
requested awards. The conferees expect the secretaries of the
military departments to review the contracts to ensure the
specifications are sufficient to eliminate the backlog of
requests and to ensure that the work performed under these
contracts meets the requirements of the contract.
Retroactive award of Navy Combat Action Ribbon (sec. 564)
The Senate bill contained a provision (sec. 554) that
would authorize the Secretary of the Navy to award the Navy
Combat Action Ribbon to a member of the Navy or Marine Corps
for participation in ground or surface combat during any period
after December 6, 1941 and before March 1, 1961, if the
Secretary determines that the member has not been previously
recognized for such participation.
The House amendment contained no similar provision.
The House recedes.
Sense of Congress concerning Presidential unit citation for crew of the
U.S.S. Indianapolis (sec. 565)
The House amendment contained a provision (sec. 552) that
would express the sense of Congress that the President should
award a Presidential Unit Citation to the crew of the USS
Indianapolis.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle H-Matters Relating to Recruiting
Access to secondary school students for military recruiting purposes
(sec. 571)
The House amendment contained a provision (sec. 567) that
would request each local educational entity with responsibility
for secondary school education to provide military recruiters
the same access to students as is provided to other prospective
employers.
The Senate bill contained no similar provision.
The Senate recedes.
Increased authority to extend delayed entry period for enlistments of
persons with no prior military service (sec. 572)
The Senate bill contained a provision (sec. 572) that
would increase the period in which a potential recruit may be
extended in the delayed entry program from 180 days to 365
days.
The House amendment contained no similar provision.
The House recedes.
Army College First pilot program (sec. 573)
The Senate bill contained a provision (sec. 573) that
would require the Secretary of the Army to establish a pilot
program, during the period beginning on October 1, 1999 and
ending on September 30, 2004, to assess whether the Army could
increase the number and quality of persons recruited for the
Army by encouraging recruits to pursue or continue higher
education, vocational or technical training before entering
active duty. The pilot program authority could consist of two
unique alternatives. In one, recruits could be placed in the
delayed entry program for a maximum of two years and receive a
$150 stipend each month while completing their higher
education, vocational or technical training prior to entering
active duty. In another, recruits would enlist in the selected
reserve, complete initial entry training and be assigned to a
Selected Reserve unit while participating in a two year program
of higher education, vocational or technical training. Upon
completion of their schooling, the member would be discharged
from the Selected Reserve and enlist in the active component.
The provision would require the Secretary of the Army to assess
the effectiveness of the pilot program and report that
assessment to the Committees on Armed Services of the Senate
and the House of Representatives, by no later than February 1,
2004.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Use of recruiting materials for public relations purposes (sec. 574)
The Senate bill contained a provision (sec. 578) that
would authorize the Department of Defense to use advertising
materials developed for recruiting and retention of personnel
to be used for public relations purposes.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Subtitle I--Matters Relating to Missing Persons
Nondisclosure of debriefing information on missing persons previously
returned to United States control (sec. 575)
The Senate bill contained a provision (sec. 577) that
would prohibit disclosure of the record of any debriefings
conducted by an official of the United States authorized to
conduct such a debriefing of a missing person returned to the
U.S. control.
The House amendment contained no similar provision.
The House recedes with an amendment that would clarify
that this provision does not limit release of information in
accordance with procedures described in section 1506(d)(2) and
(3) of title 10, United States Code.
Recovery and identification of remains of certain World War II
servicemen lost in Pacific Theater of Operations (sec. 576)
The Senate bill contained a provision (sec. 1083) that
would urge the Secretary of the Army to make every reasonable
effort, as a matter of high priority, to search for, recover,
and identify the remains of World War II servicemen lost in the
Pacific theater and to report to the Congress, not later than
September 30, 2000, on the efforts to recover these remains.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to make every reasonable effort to
search for, recover, and identify the remains of World War II
servicemen lost in the Pacific theater and to report to the
Congress, by no later than September 30, 2000, on the efforts
to recover these remains. The report would include the report
on the backlog of cases by conflict and the joint manning plan
required by section 566 of the National Defense Authorization
Act for Fiscal Year 1999.
Subtitle J--Other Matters
Authority for special courts-martial to impose sentences to confinement
and forfeitures of pay of up to one year (sec. 577)
The Senate bill contained a provision (sec. 561) that
would amend section 819 of title 10, United States Code,
Article 19 of the Uniform Code of Military Justice, to increase
the sentencing jurisdiction of those special courts-martial
which are authorized to adjudge a bad-conduct discharge to
include confinement for one year and forfeiture of two-thirds
pay for one year.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Funeral honors details for funerals of veterans (sec. 578)
The Senate bill contained a provision (sec. 571) that
would establish the minimum composition of a funeral honors
detail to provide honors at the funeral of a veteran. The
provision would require the Secretary of Defense to provide, at
a minimum, two uniformed military personnel and the capability
to provide a high quality recording of taps. At least one
member of the funeral honors detail must represent the service
of the deceased veteran. The Secretary of Defense would be able
to use either active or reserve component or a mix of active
and reserve component personnel to provide the funeral honors.
The ceremony would, at a minimum, include folding and
presentation of the United States flag and the playing of taps.
The provision would authorize reserve component personnel who
participate in an honor guard detail to receive retirement
point credit, would authorize medical treatment for any illness
or injury a reservist might incur during the period in which
they are participating in an honor detail and would authorize a
$50 stipend for the performance as part of a funeral honors
detail. The provision would also make deceased members or
former members of the Selected Reserve eligible for funeral
honors. The provision would permit the Secretary of Defense to
accept the voluntary services of veterans support organizations
to assist in performing funeral honors. The provision would
encourage the veterans support organizations at the national
and local level to cooperate with the Department of Defense to
the maximum extent possible to provide those veterans whose
families request military honors the recognition they deserve.
The House amendment contained a provision (sec. 565) that
would require the secretaries of the military departments to
provide, upon request, honor guard details for the funerals of
veterans. The section would specify that the honor guard
details be comprised of not less than two persons with the
capability to play a recording of taps. At least one member of
the honor guard detail would be a member of the same service as
the deceased veteran. The Secretary of Defense would be
required to establish procedures for coordinating and
responding to requests for honor guard details, establishing
standards and protocol, and providing training and quality
control. The Secretary would also be authorized to provide
financial support, material, equipment, and training to support
nongovernmental organizations, as necessary to support honor
guard activities. The provision would also provide incentives
to facilitate the participation of reservists by providing
retirement credit, reimbursement for transportation costs, and
a $50 stipend to reservists who volunteer to provide funeral
honors.
The House recedes with a clarifying amendment.
Purpose and funding limitations for National Guard Challenge Program
(sec. 579)
The Senate bill contained a provision (sec. 1051) that
would repeal the provision of law that limits federal
expenditures under the National Guard Challenge Program to
$50.0 million in any fiscal year
The House amendment contained a provision (sec. 566) that
would clarify minimum curriculum of the National Guard
Challenge Program, expand the range of supervised work
experience that Challenge students might experience, in
addition to the community service work experience currently
provided, and increase the limit on the annual amount of
federal funds that can be spent on the program from $50.0
million to $62.5 million.
The Senate recedes.
Department of Defense STARBASE Program (sec. 580)
The Senate bill contained a provision (sec. 1057) that
would require the Secretary of Defense to conduct a science,
mathematics, and technology education improvement program known
as the DOD STARBASE Program. The provision would require the
Secretary to establish a minimum of 25 academies under the
program, with minimum annual funding of $200,000 per academy.
The provision would authorize the Secretary to provide
administrative and logistical support for activities under the
program and to accept financial and other support from other
federal agencies, state and local governments, and not-for-
profit and other organizations in the private sector.
The House amendment contained no similar provision.
The House recedes with an amendment that would eliminate
the mandated funding levels and make other clarifying changes.
STARBASE targets at-risk youth and combats some of the
most challenging problems facing America's youth today:
negative feelings toward science and math; lack of personal
direction; and substance abuse. It was initiated as a pilot
program at Selfridge Air National Guard Base in Michigan in
1990. The Department of Defense has funded this program since
1993.
The conferees note that the Department of Defense and
themilitary services have developed and are implementing effective
policies to specify and govern the use of personnel, military
facilities and other Department of Defense support to the STARBASE
program. The conferees believe the provision of such support enhances
the effectiveness of STARBASE. As a result of the availability of such
resources, STARBASE is able to provide varied and exciting platforms
for its curriculum. Students gain new perceptions of math and science,
techniques for the development of positive self-esteem and answers to
questions on how to avoid substance abuse. Such support also offers
positive exposure to the military for STARBASE children, older
siblings, parents and teachers. As a result, the conferees believe that
such policies for providing personnel, military facilities, and other
support to STARBASE should continue to be used. So long as this support
continues, the conferees do not believe it is necessary to mandate, in
statute, the authority for military departments to provide support to
STARBASE.
The STARBASE program has been highly successful because
of the insistence on maintaining a fully funded quality
program. The conferees encourage the Secretary of Defense to
establish criteria for each STARBASE program that will maintain
that quality and to support the establishment and operation
only of those STARBASE programs that are funded at a level
sufficient to ensure program success.
Survey of members leaving military service on attitudes toward military
service (sec. 581)
The Senate bill contained a provision (sec. 583) that
would require the Secretary of Defense to conduct a one-time
survey of military personnel leaving the services between
January 1, 2000 and June 30, 2000, to determine military
members' attitudes on a variety of subjects that may be
affecting retention.
The House amendment contained a similar provision (sec.
568).
The Senate recedes with an amendment that would clarify
the minimum requirements specified to be included in the
survey.
Service review agencies covered by professional staffing requirement
(sec. 582)
The House amendment contained a provision (sec. 563) that
would clarify that the requirement for legal and medical
professional staff specified in section 1555 of title 10,
United States Code, apply to the Navy Council of Personnel
Boards and the Board for Correction of Naval Records as if the
staff of those organizations were combined.
The Senate bill contained no similar provision.
The Senate recedes.
Participation of members in management of organizations abroad that
promote international understanding (sec. 583)
The Senate bill contained a provision (sec. 575) that
would amend section 1033(b)(3) of title 10, United States Code,
to add to the classes of non-federal entities therein certain
overseas entities that promote understanding between U.S.
military personnel stationed abroad and the people of the host
nation.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Support for expanded child care services and youth program services for
dependents (sec. 584)
The Senate bill contained a provision (sec. 580) that
would authorize the Secretary of Defense to provide financial
assistance to eligible civilian providers of child care
services or youth program services for members of the armed
forces and other eligible federal employees, and would permit
children who are not otherwise eligible for these services to
participate on a space available basis.
The House amendment contained no similar provision.
The House recedes with an amendment that would limit
financial assistance provided to eligible civilian providers to
appropriated funds, would ensure that use of civilian providers
does not supplant or replace child care and youth program
services of a military installation, and would clarify the
requirements for determining the eligibility of civilian
providers.
Report and regulations on Department of Defense policies on protecting
the confidentiality of communications with professionals
providing therapeutic or related services regarding sexual or
domestic abuse (sec. 585)
The Senate bill contained a provision (sec. 1026) that
would require the Comptroller General to study the policies,
procedures, and practices of the military departments for
protecting the confidentiality of communications between
military dependents, who have engaged in or who are victims of
sexual harassment, sexual abuse, or intra-family abuse, and the
professionals with whom the dependent seeks professional
services concerning these matters. The provision would also
require the Secretary of Defense to prescribe regulations,
policies, and procedures the Secretary considers necessary to
protect these communications, consistent with the findings of
the Comptroller General; relevant professional organization
standards; federal and state law; the best interest of the
victims of sexual harassment, sexual assault, or intra-family
abuse; military necessity; and other factors, that the
Secretary, in consultation with the Attorney General, consider
appropriate. The Comptroller General would be required to
submit a report on his findings to the Committees on Armed
Services of the Senate and the House of Representatives, as
well as the Secretary of Defense. The Secretary of Defense
would be required to report, not later than January 21, 2000,
to the Committees on Armed Services of the Senate and the House
of Representatives with regard to the policies recommended.
The House amendment contained a provision (sec. 570) that
would require the Comptroller General to conduct a study of the
policies regarding confidentiality between military dependents
and their psychotherapists. The Secretary of Defense would be
required to prescribe regulations to protect confidentiality 90
days after receiving the Comptroller General's report.
The House recedes with a clarifying amendment.
Members under burdensome personnel tempo (sec. 586)
The Senate bill contained a provision (sec. 692) that
would establish procedures to manage the deployment of service
members. Specifically, the provision would require that the
first general or flag officer in the chain of command approve
the deployment of a member who would be deployed more than 180
days of the past 365 days. The provision would also require
that deployments of members who would be deployed more than 200
days of the past 365 days be approved by a four-star general or
flag officer. The provision would require that service members
deployed in excess of 220 days of the past 365 days be paid
$100 per day for each day over 220 days. The provision would
authorize the Secretary of Defense to suspend applicability of
this provision when the Secretary determines that such a waiver
is in the national security interests of the United States.
The House amendment contained no similar provision.
The House recedes with an amendment that would change the
points at which senior officer approval is required. The
amendment would require the first general or flag officer in
the chain of command to approve any deployment in excess of 182
days. Approval of a general or flag officer in the grade of
general or admiral would be required for any deployment that
would be in excess of 220 days. Service members deployed in
excess of 250 days would be paid $100 per day for each day over
250 days. The amendment would define the term deployment until
90 days after the Secretary of Defense develops a common method
to measure operations tempo and personnel tempo as required by
another provision in this conference report and reports the
definition to the Committees on Armed Services of the Senate
and the House of Representatives. At that time, the definition
of perstempo will obtain. The amendment would authorize the
service chief to suspend applicability of the provision when
the service chief determines that it is in the national
security interests of the United States. The senior officer
approval requirements would be effective October 1, 2000. The
amendment would make the payment of the $100 per diem effective
October 1, 2001.
The conferees are determined to ensure that the services
have the means to track the perstempo of individual service
members and consider the effects of perstempo when assigning
service members to deployments and other temporary duties
awayfrom the service member's home station. The conferees understand
that each service is unique and manages deployment of units
differently. While the point at which general and flag officer approval
is required and at which the additional per diem would be paid is
universal, the conferees will entertain a recommendation by the
Secretary of Defense to adjust these points to accommodate deployment
cycles or other operational considerations.
The conferees consider it vital that the services
expeditiously develop the new record keeping systems that will
allow detailed analysis of operations and personnel tempo on an
individual basis. The conferees consider this objective a high
priority matter that will receive continuing close oversight.
Subtitle K--Domestic Violence
Responses to domestic violence in the armed forces (sec. 591-594)
The Senate bill contained a provision (sec. 581) that
would require the Secretary of Defense to establish a military-
civilian task force on domestic violence. The task force would
serve for three years. Within six months of appointment, the
task force would recommend actions to the Department of
Defense: a standard format for agreements with civilian law
enforcement authorities relating to acts of domestic violence
involving members of the armed forces; a requirement that
commanding officers provide to persons protected by a ``no
contact order'' a written copy of that order within 24 hours;
standard guidance to commanders on factors to consider when
determining appropriate action on substantiated allegations of
domestic violence; and a standard training program for all
commanding officers on the handling of domestic violence cases.
The task force would submit additional periodic reports to the
Secretary of Defense containing analyses and recommendations
for responding, or improving responses, to cases of domestic
violence. The provision would also require the Secretary to
establish a central database and report annually to Congress on
each reported case of domestic violence, the number and action
taken on substantiated allegations, and the number and
description of allegations where the evidence is insufficient
to support disciplinary action.
The House amendment contained no similar provision.
The House recedes with an amendment that would clarify
the membership on the task force, would establish an incentive
program for improving responses to domestic violence involving
members of the armed forces and military family members, modify
the termination date to be three years after enactment of this
Act and make other clarifying changes separating the provision
into four separate provisions.
legislative provisions not adopted
Expansion of list of diseases presumed to be service-connected for
radiation-exposed veterans
The Senate bill contained a provision (sec. 1062) that
would expand the list of diseases presumed to be service-
connected for radiation-exposed veterans by adding lung cancer,
colon cancer and tumors of the brain and central nervous
system.
The House bill contained no similar provision.
The Senate recedes.
Improvement in system for assigning personnel to warfighting units
The House amendment contained a provision (sec. 569) that
would require the secretaries of the military departments to
review the military personnel assignment system under their
jurisdiction and identify those policies which prevent
warfighting units from being fully manned.
The Senate bill contained no similar provision.
The House recedes.
Minimum educational requirements for faculty of the Community College
of the Air Force
The Senate bill contained a provision (sec. 536) that
would permit the Commander of the Air Force Air Education and
Training Command to establish minimum requirements relating to
education for Community College of the Air Force professors and
instructors.
The House amendment contained no similar provision.
The Senate recedes.
The conferees did not include this provision in the
conference report solely because it was determined to be
unnecessary. The conferees intend that the Air Force take those
personnel actions, within current law and policy, necessary to
ensure that the Community College of the Air Force remains an
accredited degree granting institution. The conferees note that
the Office of Personnel Management, in a letter dated July 13,
1998, has stated that the Air Force has the authority under
title 10, United States Code, to impose minimum educational
requirements in order to acquire and retain accreditation of
the Community College of the Air Force. The Office of Personnel
Management letter indicates that the authority to implement a
minimum education requirement policy for instructors in the
Community College of the Air Force can be implemented
immediately and, further, that the Office of Personnel
Management will include this authority in the next revision to
the Qualifications Standards Operating Manual. The conferees
expect the Air Force to establish the appropriate minimum
education requirements for instructors in the Community College
of the Air Force.
Posthumous advancement of Rear Admiral (Retired) Husband E. Kimmel and
Major General (Retired) Walter C. Short on retired lists
The Senate bill contained a provision (sec. 582) that
would request the President to advance the late Rear Admiral
(retired) Husband E. Kimmel to the grade of admiral on the
retired list of the Navy and to advance the late Major General
(retired) Walter C. Short to the grade of lieutenant general on
the retired list of the Army. Any advancement shall not
increase or otherwise modify the compensation or benefits to
any person, now or in the future, based on the military service
of the officer advanced. The provision would express the Sense
of the Congress that Rear Admiral Kimmel and Major General
Short performed their duties in Hawaii competently and
professionally and, therefore, the losses incurred by the
United States in the attack on Pearl Harbor, Hickham Army Air
Field and Schofield Barracks, Hawaii on December 7, 1941 were
not a result of dereliction of duty.
The House amendment contained no similar provision.
The Senate recedes.
Reduced minimum blood and breath alcohol levels for offense of drunken
operation of or control of a vehicle, aircraft, or vessel
The Senate bill contained a provision (sec. 562) that
would amend section 911(2) of title 10, United States Code,
article 111(2) of the Uniform Code of Military Justice, to
reduce, from 0.10 grams to 0.08 grams, the blood and breath
alcohol levels for the offense of drunken operation of a
vehicle, aircraft, or vessel.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that a recent General Accounting
Office study (GAO/ RCED-99-179) could not conclude that merely
lowering the statutory blood alcohol level resulted in lowering
the number and severity of alcohol-related traffic accidents.
However, the report did find strong indications that a
comprehensive approach, including license revocation and
lowered blood alcohol statutes, public education campaigns, and
increased enforcement would have that effect. The conferees
direct the Secretary of Defense to submit a report to the
Committees on Armed Services of the Senate and the House of
Representatives before April 1, 2000, on the Department's
efforts to reduce alcohol-related disciplinary infractions,
traffic accidents, and other such incidents. The report should
include the Secretary's recommendations for any appropriate
legislative changes.
Use of humanitarian and civic assistance funding for pay and allowances
of special operations command reserves furnishing demining
training and related assistance as humanitarian assistance
The Senate bill contained a provision (sec. 312) that
would authorize pay and allowances from within funds for the
overseashumanitarian, disaster, and civic assistance account,
for reserve members of the Special Operations Command who perform
humanitarian demining activities.
The House amendment contained no similar provision.
The Senate recedes.
Title VI--Compensation and Other Personnel Benefits
legislative provisions adopted
Subtitle A--Pay and Allowances
Fiscal year 2000 increase in military basic pay and reform of basic pay
rates (sec. 601)
The Senate bill contained a provision (sec. 601) that
would waive section 1009 of title 37, United States Code, and
increase the rates of basic pay for members of the uniformed
services by 4.8 percent. This increase would be effective
January 1, 2000. In addition, the recommended provision would,
effective July 1, 2000, restructure the pay tables for the
uniformed services.
The House amendment contained a provision (sec. 601) that
would provide a 4.8 percent military pay raise effective
January 1, 2000 and would restructure the pay tables to reduce
pay compression between grades, eliminate inconsistencies in
the pay table, and increase incentives for promotion, effective
July 1, 2000. This provision would also adjust the cap on
military pay levels to level III of the Executive Schedule to
bring the standards for maximum pay in line with the standards
established for federal civilian employees.
The Senate recedes with a technical and clarifying
amendment.
Pay increases for fiscal years 2001 through 2006 (sec. 602)
The Senate bill contained a provision (sec. 602) that
would amend section 1009 of title 37, United States Code, to
provide that the military pay raises for each of fiscal years
2001 through 2006 be equal to the increase in the Employment
Cost Index plus one-half percent.
The House amendment contained a provision (sec. 602) that
would require that the rate of military pay increases for
fiscal years after fiscal year 2000 be calculated using the
full Employment Cost Index increase.
The House recedes.
Additional amount available for fiscal year 2000 increase in basic
allowance for housing inside the United States (sec. 603)
The House amendment contained a provision (sec. 603) that
would increase the funding available for basic allowance for
housing by $442.5 million.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would increase
the funding available for basic allowance for housing by $225.0
million.
Subtitle B--Bonuses and Special and Incentive Pays
Extension of certain bonuses and special pay authorities for reserve
forces (sec. 611)
The Senate bill contained a provision (sec. 612) that
would extend the authority for the special pay for health care
professionals who serve in the Selected Reserve in critically
short wartime specialties, the Selected Reserve reenlistment
bonus, the Selected Reserve enlistment bonus, special pay for
enlisted members of the Selected Reserve assigned to certain
high priority units, the Selected Reserve affiliation bonus,
the ready reserve enlistment and reenlistment bonus, and the
prior service enlistment bonus until December 31, 2000. The
provision would also extend the authority for repayment of
educational loans for certain health care professionals who
serve in the Selected Reserve until January 1, 2001.
The House amendment contained a similar provision (sec.
611).
The Senate recedes.
Extension of certain bonuses and special pay authorities for nurse
officer candidates, registered nurses, and nurse anesthetists
(sec. 612)
The Senate bill contained a provision (sec. 613) that
would extend, until December 31, 2000, the authority to pay
certain bonuses and special pay for nurse officer candidates,
registered nurses, and nurse anesthetists.
The House amendment contained a similar provision (sec.
612).
The Senate recedes.
Extension of authorities relating to payment of other bonuses and
special pays (sec. 613)
The Senate bill contained a provision (sec. 611) that
would extend, until December 31, 2000, the authority to pay the
aviation officer retention bonus, the reenlistment bonus for
active members, the enlistment bonuses for critical skills, the
special pay for nuclear qualified officers who extend the
period of active service, the nuclear career accession bonus.
The House amendment contained a similar provision (sec.
613).
The Senate recedes.
Amount of aviation career incentive pay for air battle managers (sec.
614)
The Senate bill contained a provision (sec. 614) that
would authorize air battle managers to be paid either aviation
career incentive pay or hazardous duty pay under section
301(a)(11) of title 37, United States Code, whichever is
greater.
The House amendment contained a similar provision (sec.
614).
The Senate recedes with a clarifying amendment.
Expansion of authority to provide special pay to aviation career
officers extending period of active duty (sec. 615)
The Senate bill contained a provision (sec. 615) that
would eliminate the need for secretaries of the military
departments to define critical aviation specialties annually
and permit them to offer bonuses of up to $25,000 for each year
that aviation officers in the grade of O-5 and below agree to
remain on active duty in aviation service, up to 25 years of
aviation service.
The House amendment contained a provision (sec. 615) that
would expand the authority to pay Aviation Continuation Pay to
aviation officers in grades below O-7 through their twenty-
fifth year of service. The provision would also extend the
$25,000 maximum annual amount of the bonus to all contracts,
regardless of length.
The Senate recedes with a clarifying amendment.
Additional special pay for board certified veterinarians in the Armed
Forces and Public Health Service (sec. 616)
The Senate bill contained a provision (sec. 619) that
would authorize a special pay ranging from $2,000 per year to
$5,000 per year, depending on years of service, for board
certified veterinarians in the armed forces and the Public
Health Service.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Diving duty special pay (sec. 617)
The Senate bill contained a provision (sec. 620) that
would increase the maximum monthly amount of the diving duty
special pay from $200 to $240 for officers and from $300 to
$340 for enlisted personnel.
The House amendment contained a provision (sec. 616) that
would increase the maximum amount of monthly pay for diving
duty from $200 to $240 for officers, and from $300 to $340 for
enlisted members. The section would also repeal the restriction
limiting recipients of diving duty pay to one additional
hazardous duty pay under section 301 of title 37, United States
Code.
The Senate recedes with a clarifying amendment.
Reenlistment bonus (sec. 618)
The Senate bill contained a provision (sec. 621) that
would increase the maximum amount of the active duty
reenlistment bonus from $45,000 to $60,000.
The House amendment contained a provision (sec. 617) that
would reduce the number of months of service required before
reaching eligibility to receive a reenlistment bonus from 21 to
17 and increase the formula for determining the amount of the
bonus from 10 to 15 times the rate of monthly basic pay and the
maximum bonus authorized from $45,000 to $60,000.
The Senate recedes with a clarifying amendment.
Enlistment bonus (sec. 619)
The Senate bill contained a provision (sec. 622) that
would increase the maximum amount of the active duty enlistment
bonus for designated critical skills from $12,000 to $20,000,
and would permit the entire enlistment bonus to be paid in a
single lump-sum upon completion of training and award of the
service skill designation.
The House amendment contained a similar provision (sec.
618).
The Senate recedes with a clarifying amendment.
Selected Reserve enlistment bonus (sec. 620)
The Senate bill contained a provision (sec. 623) that
would authorize the secretaries of the military departments to
offer an enlistment bonus to persons who enlist in the Selected
Reserve for three-, four- or five-year enlistments and to
increase the maximum bonus from $5,000 to $8,000.
The House amendment contained no similar provision.
The House recedes.
Special pay for members of the Coast Guard Reserve assigned to high
priority units of the Selected Reserve (sec. 621)
The Senate bill contained a provision (sec. 624) that
would authorize the Secretary of Transportation to pay a
special pay, not to exceed $10 per drill period, to Coast Guard
Selected Reservists serving in certain high priority units
designated by the Secretary.
The House amendment contained no similar provision.
The House recedes.
Reduced minimum period of enlistment in Army in critical skill for
eligibility for enlistment bonus (sec. 622)
The Senate bill contained a provision (sec. 625) that
would authorize the Army to incentivize the two-year enlistment
option for certain critical skills.
The House amendment contained no similar provision.
The House recedes.
Eligibility for reserve component prior service enlistment bonus upon
attaining a critical skill (sec. 623)
The Senate bill contained a provision (sec. 626) that
would authorize the secretaries of the military departments to
offer an enlistment bonus to persons with prior service who
enlist in the Selected Reserve when they attain certain
critical skills.
The House amendment contained a similar provision (sec.
619).
The House recedes with a clarifying amendment.
Increase in special pay and bonuses for nuclear-qualified officers
(sec. 624)
The Senate bill contained a provision (sec. 627) that
would increase, from $15,000 to $25,000, the special pay for
nuclear-qualified officers who extend the period of active
service; increase the nuclear career accession bonus from
$10,000 to $20,000; and would increase the nuclear career
annual incentive bonuses from $12,000 to $22,000 for nuclear
qualified officers and from $5,500 to $10,000 for nuclear
qualified officers who received their nuclear training as an
enlisted person.
The House amendment contained a provision (sec. 620) that
would increase the maximum amount of annual special pay for
nuclear-qualified officers extending period of active service
from $15,000 to $25,000; the maximum amount of the nuclear
career accession bonus from $10,000 to $20,000; the maximum
amount of the nuclear career annual incentive bonus for
officers who received naval nuclear power plant training as
officers from $12,000 to $22,000; and the maximum amount of the
nuclear career annual incentive bonus for officers who received
naval nuclear power plant training as enlisted members from
$5,500 to $10,000.
The Senate recedes with a clarifying amendment.
Increase in maximum monthly rate authorized for foreign language
proficiency pay (sec. 625)
The Senate bill contained a provision (sec. 628) that
would increase the maximum monthly amount of the foreign
language proficiency pay from $100 to $300.
The House amendment contained a similar provision (sec.
621).
The House recedes.
Authorization of retention bonus for special warfare officers extending
period of active duty (sec. 626)
The Senate bill contained a provision (sec. 617) that
would authorize the annual payment of a maximum retention bonus
of $15,000 to special warfare qualified officers in the grades
of O-3 or O-4 (not selected for promotion) for each year the
officer agrees to serve on active duty from the sixth through
the fourteenth year of service.
The House amendment contained a similar provision (sec.
622).
The Senate recedes with a clarifying amendment.
Authorization of surface warfare officer continuation pay (sec. 627)
The Senate bill contained a provision (sec. 618) that
would authorize a retention bonus of $15,000 per year for
surface warfare officers in the grade of O-3 who extend their
period of active duty for at least one year.
The House amendment contained a provision (sec. 623) that
would authorize the payment of a maximum retention bonus of
$50,000 in prorated annual payments to qualified surface
warfare officers who agree to serve on active duty to complete
tours of duty to which the officers may be ordered as
department heads afloat.
The Senate recedes with a clarifying amendment.
Authorization of career enlisted flyer incentive pay (sec. 628)
The Senate bill contained a provision (sec. 616) that
would establish a career enlisted flyer incentive pay for
enlisted crewmen.
The House amendment contained a similar provision (sec.
624).
The Senate recedes with a clarifying amendment.
Authorization of judge advocate continuation pay (sec. 629)
The House amendment contained a provision (sec. 625) that
would authorize the service secretaries to pay officers serving
as judge advocates a career continuation pay of up to $60,000
over the course of a career and would require the Secretary of
Defense, in coordination with the secretaries concerned, to
study the need for additional incentives to improve the
recruitment and retention of judge advocates. At a minimum, the
Secretary of Defense would be required to include in the study
an assessment of constructive service credit for basic pay,
educational loan repayment, and federal student loan relief
initiatives. The Secretary shall submit a report with the
findings and recommendations resulting from this study to the
Committees on Armed Services of the Senate and the House of
Representatives.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Subtitle C--Travel and Transportation Allowances
Provision of lodging in kind for Reservists performing training duty
and not otherwise entitled to travel and transportation
allowances (sec. 631)
The House amendment contained a provision (sec. 631) that
would authorize the use of operations and maintenance funds to
provide lodging in-kind to reservists performing active duty or
inactive duty for training when transient government housing is
not available.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
that the adequacy and availability of transient government
housing is determined by the installation commander.
Payment of temporary lodging expenses for members making their first
permanent change of station (sec. 632)
The Senate bill contained a provision (sec. 641) that
would authorize temporary lodging expenses for enlisted
personnel moving their families to their first permanent duty
station.
The House amendment contained a similar provision (sec.
632).
The House recedes with a clarifying amendment.
Destination airport for emergency leave travel to continental United
States (sec. 633)
The Senate bill contained a provision (sec. 642) that
would authorize the service secretaries concerned to pay for
commercial transportation to the airport closest to the
emergency leave destination of members assigned to overseas
locations, when the cost is less than that of government
provided transportation to the closest international airport in
the continental United States.
The House amendment contained a similar provision (sec.
633).
The Senate recedes.
Subtitle D--Retired Pay Reform
Redux retired pay system applicable only to members electing new 15-
year career status bonus (sec. 641-644)
The Senate bill contained a provision (sec. 651) that
would afford service members who entered the uniformed services
on or after August 1, 1986, the option to elect to retire under
the pre-1986 military retirement plan or to accept a one-time
$30,000 lump sum bonus and to remain under the Redux retirement
plan. The provision would permit service members to select
between the two retirement programs within 180 days of
completing 15 years of service.
The House amendment contained a series of provisions
(secs. 641-644) that would authorize members covered by Redux
the option to elect to retire under the pre-1986 military
retirement plan with the same cost-of-living adjustment
mechanism used under the Federal Employees Retirement System,
or to accept a one-time $30,000 lump sum bonus and remain under
the Redux retirement plan. Service members who elect to accept
the lump sum bonus would be obligated to serve the remaining
five years to become retirement eligible.
The House recedes with a clarifying amendment.
Subtitle E--Other Matters Relating to Military Retirees and Survivors
Repeal of reduction in retired pay for military retirees employed in
civilian positions (sec. 651)
The Senate bill contained a provision (sec. 654) that
would repeal section 5532 of title 5, United States Code,
eliminating the reduction in retired pay for retired uniformed
service personnel who are civilian employees of the Federal
Government.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Presentation of United States flag to retiring members of the uniformed
services not previously covered (sec. 652)
The Senate bill contained a provision (sec. 695) that
would authorize the presentation of a United States flag upon
retirement to uniformed members of the Public Health Service
and the National Oceanic and Atmospheric Administration.
The House amendment contained a provision (sec. 653) that
would authorize the presentation of a United States flag upon
retirement to uniformed members of the reserve components, the
Public Health Service, and the National Oceanic and Atmospheric
Administration.
The Senate recedes.
Disability retirement or separation for certain members with pre-
existing conditions (sec. 653)
The House amendment contained a provision (sec. 655) that
would require that for disability retirement purposes, if the
disability was determined to have been incurred before the
member became eligible for basic pay, the disability shall be
deemed to have been incurred while the member was eligible for
basic pay if the member has at least eight years of service.
The provision would permit the secretaries of the military
departments to treat members of the Selected Reserve who no
longer meet the medical qualifications for membership in the
Selected Reserve as having met the service requirements if the
member has completed at least15, but less than 20 years, of
service unless the disability is the result of the member's intentional
misconduct, willful neglect, or willful failure to comply with
standards and qualifications for retention incurred during a period of
unauthorized absence.
The Senate bill contained no similar provision.
The Senate recedes.
Credit toward paid-up SBP coverage for months covered by make-up
premium paid by persons electing SBP coverage during special
open enrollment period (sec. 654)
The Senate bill contained a provision (sec. 655) that
would permit members who elected coverage in the Survivor
Benefit Plan (SBP) during the special open enrollment period to
receive credit for the months covered by the premium payments
toward a paid-up SBP after 30 years of payments and attaining
age 70.
The House amendment contained no similar provision.
The House recedes.
Paid-up coverage under Retired Serviceman's Family Protection Plan
(sec. 655)
The Senate bill contained a provision (sec. 656) that
would amend section 641 of the National Defense Authorization
Act for Fiscal Year 1999 by including participants in the
Retired Serviceman's Family Protection Plan when considering
participants in the Survivor Benefit Plan, as paid-up after the
later of the month in which they have paid premiums for 30
years or they reach age 70.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Extension of authority for payment of annuities to certain military
surviving spouses (sec. 656)
The Senate bill contained a provision (sec. 657) that
would make permanent the authority to pay an annuity to certain
military surviving spouses, known as the ``Forgotten Widows''.
The House amendment contained a provision (sec. 652) that
would authorize surviving spouses of reserve retirees who died
prior to October 1, 1978 to receive the annuity authorized for
surviving spouses by section 644 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85).
The House recedes with an amendment that would merge the
two provisions and make conforming changes.
Effectuation of intended SBP annuity for former spouse when not elected
by reason of untimely death of retiree (sec. 657)
The Senate bill contained a provision (sec. 658) that
would authorize Survivor Benefit Plan (SBP) benefits for former
spouses who, incident to a proceeding of divorce, dissolution
or annulment, entered into a written agreement for the retired
member to make an election to provide SBP benefits to the
former spouse, but died before the effective date of the
legislative authority to make such an election.
The House amendment contained no similar provision.
The House recedes.
Special compensation for severely disabled uniformed services retirees
(sec. 658)
The Senate bill contained a provision (sec. 659) that
would authorize the service secretaries to pay a monthly
allowance to military retirees with service connected
disabilities rated at 70 percent or greater. The section would
authorize the payment of $300 a month to retirees with
disabilities rated as 100 percent, $200 a month to retirees
with disabilities rated as 90 percent, and $100 a month to
retirees with disabilities rated as 80 percent or 70 percent.
The House amendment contained a similar provision (sec.
674).
The House recedes with a clarifying amendment.
Subtitle F--Eligibility to Participate in the Thrift Savings Plan
Participation in thrift savings plan (sec. 661, sec. 663)
The Senate bill contained a provision (sec. 652) that
would, effective July 1, 2000, authorize members of the
uniformed services to participate in the Thrift Savings Plan
now available for federal civil service employees. Service
members would be eligible to deposit up to five percent of
their basic pay, before tax, each month. The government is not
required to match the service member's contributions. In
addition, service members would be permitted to directly
deposit special pays for enlistment, reenlistment, and the
lump-sum for electing to remain in the ``Redux'' retirement
program, pre-tax, up to the extent allowable under the Internal
Revenue Code of 1986, into their Thrift Savings account. The
Secretary of Defense may delay the effective date for members
of the Ready Reserve for 180 days if the Secretary, in
consultation with the Director of the Federal Thrift Retirement
Investment Board, finds that immediate implementation would
place an excessive administrative burden on the Thrift Board's
ability to accommodate participants.
The House amendment contained several provisions (secs.
661-664) that would authorize members of the uniformed services
performing active service to participate in the Thrift Savings
Plan now available for federal civil service employees. Service
members would be eligible to deposit up to five percent of
their basic pay, before tax, each month. The government is not
required to match the service member's contributions.
The amendment would also amend title 37, United States
Code, to permit a member of the uniformed services who is
performing active service to contribute up to five percent of
the member's basic pay, or any special or incentive pay under
chapter 5 of title 37, United States Code, subject to the
limits in the Internal Revenue Service Code, to the Thrift
Savings Fund.
The amendment would require the Executive Director of the
Thrift Investment Board to issue regulations to implement the
thrift savings authorities for members of the uniformed
services performing active service not later than 180 days
after enactment.
The amendment would also make the effective date of the
authorities for members of the uniformed services performing
active service contingent on the President, in the fiscal year
2001 budget, proposing legislation offsetting the lost
revenues, and subsequent enactment of those offsets.
The House recedes with an amendment that would make the
effective date of the authorities for members of the uniformed
services, both active and reserve, contingent on the President
proposing offsets for the lost revenues, in the fiscal year
2001 budget request, and subsequent congressional approval of
those offsets and would make other technical changes.
The conferees note that, under certain circumstances,
members of the uniformed services receive pay and allowances
that are not subject to federal tax. Since these earnings are
tax-free, any future payments from a service member's thrift
savings account, based on contributions from tax-free earnings,
should be tax-free as well. The conferees direct the thrift
board to implement procedures to ensure that contributions from
tax-free earnings remains nontaxable upon distribution to the
member.
Special retention initiative (sec. 662)
The Senate bill contained a provision (sec. 653) that
would authorize the service secretaries to make contributions
to the Thrift Savings Plan of a service member serving in a
speciality designated as critical to meet service requirements.
The recommended provision would be entirely discretionary and
would permit the service secretary to offer to make monthly
contributions, up to the maximum amount contributed from basic
pay by the service member, for a period of six years in return
for a six year service commitment on the part of the service
member.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Subtitle G--Other Matters
Payment for unused leave in conjunction with a reenlistment (sec. 671)
The Senate bill contained a provision (sec. 604) that
would permit service members to sell back unused leave when
they reenlist more than three months prior to the expiration of
the current term of service while retaining the current career
limit of selling back 60 days of leave.
The House amendment contained a similar provision (sec.
671).
The House recedes.
Clarification of per diem eligibility for military technicians (dual
status) serving on active duty without pay outside the United
States (sec. 672)
The Senate bill contained a provision (sec. 643) that
would authorize military technicians on leave from technician
employment and deployed on active duty outside the United
States without an adequate opportunity to apply for a
commutation of subsistence and quarters, to receive a per diem
allowance. The recommended provision would be retroactive to
February 10, 1996, to cover those military technicians who
deployed in support of contingency operations related to
Bosnia.
The House amendment contained a provision (sec. 672) that
would clarify that military technicians serving on active duty
without pay while in civilian leave status, as provided by
section 1039 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106), may be paid a per diem
allowance in lieu of commutation for subsistence and quarters.
The Senate recedes.
Annual report on effects of initiatives on recruitment and retention
(sec. 673)
The Senate bill contained a provision (sec. 691) that
would require the Secretary of Defense to submit to Congress an
annual report on the Secretary's assessment of the effects of
improved pay and other benefits, addressed elsewhere in this
conference report, in relation to recruiting and retention. The
first report would be submitted not later than December 1,
2000.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Overseas special supplemental food program (sec. 674)
The Senate bill contained a provision (sec. 698) that
would mandate that the Secretary of Defense implement the
special supplemental nutrition program overseas and allocate
Department of Defense funds to carry out the program.
The House amendment contained a provision (sec. 673) that
would mandate that the Secretary of Defense implement the
program and allocate Department of Defense funds to carry out
the program, and would require the Secretary of Agriculture to
provide technical assistance to the Secretary of Defense.
The Senate recedes with a clarifying amendment.
Tuition assistance for members deployed in a contingency operation
(sec. 675)
The Senate bill contained a provision (sec. 693) that
would authorize members serving in a contingency operation and
participating in an education program to receive full payment
of tuition expenses under the tuition assistance program.
The House amendment contained a similar provision (sec.
675).
The Senate recedes.
Administration of Selected Reserve education loan repayment program for
Coast Guard Reserve (sec. 676)
The Senate bill contained a provision (sec. 694) that
would authorize the Secretary of Transportation to repay
educational loans for members of the Coast Guard Reserve in
certain critical specialities.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Sense of Congress regarding treatment under Internal Revenue Code of
members receiving hostile fire or imminent danger special pay
during contingency operations (sec. 677)
The Senate bill contained a provision (sec. 629) that
would express a sense of the Senate that members of the armed
forces who receive special pay for duty subject to hostile fire
or imminent danger should receive the same tax treatment as
members serving in combat zones.
The House amendment contained no similar provision.
The House recedes with an amendment that would change the
provision from a sense of the Senate to a sense of Congress.
LEGISLATIVE PROVISIONS NOT ADOPTED
Accelerated payments of certain educational assistance for members of
Selected Reserve
The Senate bill contained a provision (sec. 681) that
would permit a secretary of a military department to pay
accelerated lump sum benefits to a member of the Selected
Reserve who is participating in the Reserve Component
Montgomery G.I. Bill for an entire term, semester or quarter at
a college or for the entire course of courses not leading to a
college degree.
The House amendment contained no similar provision.
The Senate recedes.
Accelerated payments of educational assistance
The Senate bill contained a provision (sec. 673) that
would permit payment of accelerated lump sum benefits for an
entire term, semester or quarter at colleges and for the entire
course of courses not leading to a college degree.
The House amendment contained no similar provision.
The Senate recedes.
Accrual funding for retirement system for Commissioned Corps of
National Oceanic and Atmospheric Administration
The House amendment contained a provision (sec. 654) that
would convert the present pay-as-you-go retirement system for
the National Oceanic and Atmospheric Administration officer
corps to an accrual accounting methodology.
The Senate bill contained no similar provision.
The House recedes.
Availability of educational assistance benefits for preparatory courses
for college and graduate school entrance exams
The Senate bill contained a provision (sec. 675) that
would expand the Montgomery G.I. Bill educational benefit to
permit payment of educational assistance benefits for the costs
of preparatory courses for college and graduate school entrance
exams.
The House amendment contained no similar provision.
The Senate recedes.
Computation of survivor benefits
The Senate bill contained a provision (sec. 660) that
would reduce the amount of the offset from a survivor benefit
annuity when the surviving spouse becomes eligible for social
security benefits based on the contributions of the deceased
service member.
The House amendment contained no similar provision.
The Senate recedes.
Continuance of pay and allowances while in duty status ``whereabouts
unknown''
The Senate bill contained a provision (sec. 605) that
would continue payment of pay and allowances to a member of the
uniformed services on active duty or performing inactive-duty
training who is in a duty status ``whereabouts unknown.''
The House amendment contained no similar provision.
The Senate recedes.
Effective date of disability retirement for members dying in civilian
medical facilities
The House amendment contained a provision (sec. 651) that
would authorize the service secretaries to specify a later
timeof death for disability retirement purposes for members of the
armed services who die in civilian medical facilities. The section
would require that the time of death determined by the service
secretary be consistent with the time of death that would be determined
if the member had died in a military facility. The section would
require that the time of death determined by the service secretary not
be later than 48 hours after the time of death determined by the
civilian medical facility.
The Senate bill contained no similar provision.
The House recedes.
Equitable treatment of class of 1987 of the Uniformed Services
University of the Health Sciences
The Senate bill contained a provision (sec. 606) that
would correct the crediting of years of service for the Class
of 1987 of the Uniformed Services University of the Health
Sciences.
The House amendment contained no similar provision.
The Senate recedes.
Increase in rates of educational assistance for full-time students
The Senate bill contained a provision (sec. 671) that
would increase the rates of educational assistance from $528
per month to $600 per month for those who served at least three
years and from $429 per month to $488 per month for those who
served for two years.
The House amendment contained no similar provision.
The Senate recedes.
Modification of time for use by certain members of Selected Reserve of
entitlement to certain educational assistance
The Senate bill contained a provision (sec. 682) that
would extend the period of time during which members of the
Selected Reserve who serve more than 10 years may use their
educational benefits to permit the benefits to be used for five
years following separation from the Selected Reserve.
The House amendment contained no similar provision.
The Senate recedes.
Participation of additional members of the armed forces in Montgomery
GI Bill Program
The Senate bill contained a provision (sec. 696) that
would permit service members enrolled in the Veterans
Educational Assistance Program to convert to the Montgomery
G.I. Bill and would provide for an open season enrollment for
service members eligible for the Montgomery G.I. Bill but who
had previously declined to enroll.
The House amendment contained no similar provision.
The Senate recedes.
Reimbursement of travel expenses incurred by members of the armed
forces in connection with leave canceled for involvement in
Kosovo-related activities
The Senate bill contained a provision (sec. 645) that
would permit the secretary of a military department to
reimburse a member of the armed forces for travel expenses
incurred as a result of being recalled from leave to meet a
requirement related to Operation Allied Force.
The House amendment contained no similar provision.
The Senate recedes.
The conferees determined that the secretaries of the
military departments currently have the authority under the
Joint Travel Regulations to reimburse a member of the armed
forces for travel expenses incurred as a result of being
recalled from leave to meet a mission requirement. The
conferees expect that the secretaries of the military
departments will reimburse those service members who were
recalled to meet a requirement related to Operation Allied
Force. Additionally, the conferees expect the secretaries of
the military departments to ensure, through the command
information program, that commanders and service members are
aware of the authorities in the Joint Travel Regulation with
regard to claims for reimbursement for travel expenses incurred
as a result of being recalled from leave to meet an operational
requirement.
Report on effect of educational benefits improvements on recruitment
and retention of members of the armed forces
The Senate bill contained a provision (sec. 685) that
would require the Secretary of Defense to submit to the
Congress a report assessing the effects of the changes to the
Montgomery G.I. Bill educational benefits made by this Act.
The House amendment contained no similar provision.
The Senate recedes.
Revision of educational assistance interval payment requirements
The Senate bill contained a provision (sec. 697) that
would permit payment of educational benefits to eligible
veterans during the periods between school terms where the
educational institution certifies the enrollment of the
eligible veteran if the period between such terms does not
exceed eight weeks.
The House amendment contained no similar provision.
The Senate recedes.
Special subsistence allowance for food stamp eligible members
The Senate bill contained a provision (sec. 603) that
would authorize a special subsistence allowance of $180 per
monthpayable to enlisted personnel in grades E-5 and below who
can demonstrate eligibility for food stamps.
The House amendment contained no similar provision.
The Senate recedes.
Termination of reductions of basic pay
The Senate bill contained a provision (sec. 672) that
would eliminate the $1,200 contribution required of members who
elect to participate in the Montgomery G.I. Bill program and to
absolve any balance of the $1,200 owed by active duty members.
The House amendment contained no similar provision.
The Senate recedes.
Transfer of entitlement to educational assistance by certain members of
the armed forces
The Senate bill contained a provision (sec. 674) that
would provide the secretary of a military department the
authority to permit service members to transfer their
Montgomery G.I. Bill eligibility benefits to immediate family
members.
The House amendment contained no similar provision.
The Senate recedes.
TITLE VII--HEALTH CARE PROVISIONS
ITEMS OF SPECIAL INTEREST
Processing of TRICARE contract adjustments
The conferees are concerned about reports that the
Department of Defense has not acted on a large number of
requests for contract adjustment submitted by TRICARE managed
care support contractors. The adjustment requests include
contract modifications, bid price adjustments, and requests for
equitable adjustment.
The conferees recognize that modifications to original
TRICARE managed care support contracts are often required to
ensure that beneficiaries receive the best care possible and
that the program is effective and efficient. Contractors
anticipate some changes and make allowances in the original
bids. However, the Department has issued and continues to issue
more contract modifications than most contractors anticipate.
In addition, assumptions on levels of resource sharing made
during the contract proposal process have, in many cases, not
been met. Contractors should not be held accountable for
unanticipated modifications or unrealized government estimates
that are beyond the contractor's control. Failure to act in a
timely manner on requests for contract adjustment is a bad
business practice and places both the contractors and the
government in a fiscally precarious position.
The conferees direct the Secretary of Defense to report
to the Committees on Armed Services of the Senate and the House
of Representatives by March 1, 2000, on the status of pending
requests for contract adjustments and the Department's plan for
eliminating any backlog. At a minimum, this report shall
include, for each unresolved request for adjustment, a breakout
of the amount of the contractor's request, the government
estimate of the amount that should be allowed, the date of the
request, and the projected date the request will be completed.
LEGISLATIVE PROVISIONS ADOPTED
Subtitle A--Health Care Services
Pharmacy benefits program (sec. 701)
The House amendment contained a provision (sec. 721) that
would require the Secretary of Defense to establish an
effective, efficient, and integrated pharmacy benefit. The
Secretary of Defense would submit a design for the pharmacy
benefit to the Committees on Armed Services of the Senate and
the House of Representatives not later than April 15, 2000. The
re-engineered pharmacy benefit would include, as a minimum, a
uniform formulary and shall assure the availability of
pharmaceutical agents to beneficiaries, including drugs not
included in the uniform formulary, if clinically appropriate.
The Secretary of Defense would form a pharmaceutical and
therapeutics committee, with members appointed from the
military services and contractors for TRICARE managed support,
TRICARE retail pharmacy program, and the national mail order
pharmacy, to develop the uniform formulary. The Secretary of
Defense would also establish a Uniform Formulary Beneficiary
Advisory Panel, with membership to be determined by the
Secretary of Defense, to review and comment on the development
of the uniform formulary. The Pharmacy Data Transaction Service
would be implemented not later than April 1, 2000.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Provision of chiropractic health care (sec. 702)
The Senate bill contained a provision (sec. 712) that
would extend, by one year, the period in which the Secretary of
Defense must carry out a chiropractic health care demonstration
program. The one-year extension would permit the demonstration
program to continue while the evaluation of the demonstration
program is conducted.
The House amendment contained a provision (sec. 702) that
would direct the Department of Defense to terminate the
demonstration phase of the program, complete data collection
and analysis, submit the report to the Congress as required by
theNational Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85), and would change the reporting date from May 1,
2000 to January 31, 2000. Additionally, this provision would direct the
Department of Defense to maintain, as a minimum, the current level and
scope of chiropractic care services at the present locations until at
least September 30, 2000.
The Senate recedes.
Provision of domiciliary and custodial care for certain CHAMPUS
beneficiaries (sec. 703)
The Senate bill contained a provision (sec. 716) that
would ensure continued coverage for certain beneficiaries who
have been receiving custodial care normally disallowed under
current law and regulations that exclude CHAMPUS/TRICARE
coverage for custodial care.
The House amendment contained a provision (sec. 703) that
would provide for the equitable treatment and protection of
approximately 25 beneficiaries who have been receiving
custodial care services through demonstration programs, which
are due to expire, and who will not be eligible for that care
under the Department of Defense case management program.
The Senate recedes with an amendment that would authorize
the Secretary of Defense to continue to provide payment under
the CHAMPUS for domiciliary or custodial care services to an
eligible beneficiary that would otherwise be excluded from such
coverage and would prohibit the Secretary from placing a time
limit on the period during which the custodial care exclusions
of the Department of Defense may be waived as part of the case
management program. The amendment would require the Secretary
of Defense to conduct a survey of federally funded and state
funded programs for the medical care and management of persons
whose care is considered custodial in nature and to report the
results and any recommendations to the Committees on Armed
Services of the Senate and the House of Representatives not
later than March 31, 2000.
Enhancement of dental benefits for retirees (sec. 704)
The Senate bill contained a provision (sec. 717) that
would change the benefit available under the retiree dental
program to make the benefit comparable to the benefit offered
under the family member dental plan.
The House bill contained no similar provision.
The House recedes.
Medical and dental care for certain members incurring injuries on
inactive-duty training (sec. 705)
The Senate bill contained a provision (sec. 718) that
would authorize a secretary of a military department to order a
member of a reserve component to active duty for more than 30
days while the member is being treated for, or recovering from,
an injury, illness, or disease incurred in the line of duty.
The provision would authorize medical and dental care for the
family members of a reservist ordered to active duty under this
authority.
The House amendment contained no similar provision.
The House recedes.
Health care at former uniformed services treatment facilities for
active duty members stationed at certain remote locations (sec.
706)
The Senate bill contained a provision (sec. 711) that
would authorize active duty personnel who live within the
service areas of TRICARE Designated Providers (formerly
Uniformed Services Treatment Facilities) to receive health care
from a TRICARE Designated Provider if the active duty member is
more than 50 miles from the nearest medical treatment facility.
The House amendment contained a provision (sec. 701) that
would expand the provisions of the Department of Defense
TRICARE Remote program by allowing active duty service members
assigned to duties in areas remote from military treatment
facilities to receive care from designated providers.
The House recedes.
Open enrollment demonstration program (sec. 707)
The Senate bill contained a provision (sec. 705) that
would direct the Secretary of Defense to conduct a
demonstration program under which covered beneficiaries would
be permitted to enroll at any time in a managed care plan
offered by a Uniform Services Family Health Plan facility. The
demonstration program would begin October 1, 1999, and end
September 30, 2001, with a report evaluating the demonstration
program submitted to the Committees on Armed Services of the
Senate and the House of Representatives not later than March
15, 2001. The number and location of the demonstration sites
would be determined by the Secretary of Defense.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
The conferees note that, in an attempt to reduce
allegations of political influence in site selection for
previous demonstration programs, the Department of Defense has
developed a random selection process for determining which
sites, among those eligible for a demonstration, would be
selected. Given the intense interest in this demonstration,
should the Secretary of Defense choose to conduct the
demonstration in fewer than the seven Uniform Services Family
Health Plan facilities, the random selection process may be the
preferred method of selecting the demonstration sites.
Subtitle B--TRICARE Program
Expansion and revision of authority for dental programs for dependents
and reserves (sec. 711)
The Senate bill contained a provision (sec. 702) that
would expand eligibility for voluntary enrollment dental plans
to include members of the Ready Reserve described in section
10144(b) of title 10, United States Code, subject to
involuntary order to active duty, and dependents of members of
the Ready Reserve not on active duty for more than 30 days and
would require the member to pay a share of the premium charged
for the plan. Plans for other members of the Individual Ready
Reserve and for eligible dependents of members of the Ready
Reserve, not on active duty for more than 30 days, would
require the member to pay the entire premium charged for the
plan.
The House amendment contained no similar provision.
The House recedes.
Improvement of access to health care under the TRICARE program (sec.
712)
The House amendment contained a provision (sec. 716) that
would prohibit the Secretary of Defense from requiring, except
under certain conditions, a beneficiary to obtain a
nonavailability statement or preauthorization, except for
mental health services, in order to receive health care from a
civilian provider or in specialized treatment facilities
outside a 200 mile radius of a military medical treatment
facility.
The House amendment contained a provision (section 718)
that would require the Secretary of Defense to, in all new
managed care support contracts, eliminate requirements, in
certain cases under TRICARE Prime, that network primary care
managers preauthorize preventative health care services within
the managed care support contract network.
The Senate bill contained a similar provision (section
701).
The Senate recedes with an amendment that would require
the Secretary of Defense, to the maximum extent practicable, to
minimize the authorization and certification requirements
imposed on TRICARE beneficiaries and to require a single
nonavailability of health care statement to cover all health
care services related to outpatient prenatal, outpatient or
inpatient delivery and outpatient postpartum care subsequent to
the visit that confirms the pregnancy.
Improvements to claims processing under the TRICARE program (sec. 713)
The House amendment contained a provision (sec. 711) that
would direct the Secretary of Defense to implement the changes
to the TRICARE claims processing system recommended by the
General Accounting Office to bring TRICARE claims processing
more in line with commercial best business practices and the
procedures used by Medicare, and would require additional
contract start-up time for new TRICARE managed care support
contracts to ensure a smoother transition to the new contract.
The House amendment contained a provision (sec. 713) that
would require the Secretary of Defense to structure future
TRICARE managed care support contracts to provide financial
incentives to health care providers who file claims for payment
electronically.
The Senate bill contained a similar provision (sec. 701).
The Senate recedes with an amendment that would define a
clean claim and require the Secretary of Defense to implement a
system for processing TRICARE claims under which 95 percent of
all clean claims be processed within 30 days of receipt and 100
percent of all clean claims be processed within 100 days of
receipt. The amendment would extend the transition time for new
TRICARE managed care support contracts from six months to nine
months and, in future TRICARE managed care support contracts,
provide financial incentives to health care providers who file
claims for payment electronically.
Authority to waive certain TRICARE deductibles (sec. 714)
The House amendment contained a provision (sec. 712) that
would authorize the Secretary of Defense to waive the TRICARE
deductible requirement for the families of guardsmen and
reservists recalled to active duty for less than one year.
The Senate bill contained no similar provision.
The Senate recedes.
TRICARE beneficiary counseling and assistance coordinators (sec. 715)
The Senate bill contained a provision (sec. 704) that
would require each TRICARE lead agent to establish a
beneficiary advocate for TRICARE beneficiaries, and would
require the commander of each military treatment facility to
designate a person, as a primary or collateral duty, to serve
as beneficiary advocate for beneficiaries served at that
facility.
The House amendment contained no similar provision.
The House recedes with an amendment that would change the
designation of beneficiary advocate to beneficiary counseling
and assistance coordinator.
The conferees expect the lead agents and the military
treatment facility commanders to market aggressively the
existence of the beneficiary counseling and assistance
coordinators and the services that office will provide. The
conferees further expect that each military treatment facility,
TRICARE Prime location, and TRICARE Service Center will have
signs identifying the lead agent beneficiary counseling and
assistance coordinator, the local beneficiary counseling and
assistance coordinator, and the toll free telephone numbers
prominently displayed.
Improvement of TRICARE management; improvements to third-party payer
collection program (sec. 716)
The House amendment contained a provision (sec. 722) that
would make two changes to the third party collection program
under section 1095 of title 10, United States Code, which
allows military treatment facilities to collect from health
insurance carriers and other third party payers. The provision
would allow Department of Defense facilities to bill third
party payers on reasonable charges based on current payment
rates under the CHAMPUS and would expand the definition of
``third party payer'' to match the definition of ``other
insurance'' in the CHAMPUS double coverage program.
The House amendment contained a provision (section 714)
that would require the Secretary of Defense to study how the
maximum allowable rates charged for the 100 most commonly
performed medical procedures under CHAMPUS compare with the
usual and customary commercial insurance rates for such
procedures in each TRICARE Prime catchment area and to submit a
proposal to increase the maximum allowable charges should the
study indicate that the CHAMPUS rates were too low.
The Senate bill contained a similar provision (section
701).
The Senate recedes with an amendment that would permit
the Secretary of Defense to reimburse TRICARE health care
providers at rates higher than the maximum rates if the
Secretary determines that application of the higher rates is
necessary in order to ensure the availability of an adequate
number of health care providers in TRICARE, to clarify that
military medical treatment facilities may collect from a third-
party payer reasonable charges for health care services
incurred on behalf of a covered beneficiary, and to submit a
report to the Committees on Armed Services of the Senate and
the House of Representatives that would assess the effects of
the implementation of these requirements not later than six
months after the date of enactment of this Act.
Comparative report on health care coverage under the TRICARE program
(sec. 717)
The Senate bill contained a provision (sec. 701) that
would require a number of improvements to TRICARE benefits and
management. The recommended provision would require the
Secretary of Defense, to the maximum extent practicable, to
ensure that health care coverage under TRICARE is substantially
similar to the health care coverage available under similar
health plans offered under the Federal Employees Health
Benefits Program. The recommended provision would also require
TRICARE benefits to be portable throughout the various regions,
require that the authorization and certification requirements
as a condition of access to TRICARE be minimized, and that
TRICARE claims processing follow the best business practices of
the health care provider industry. In addition, the recommended
provision would permit the Secretary of Defense to reimburse
health care providers at rates higher than the current Medicare
limits when the Secretary determines that higher reimbursement
rates are necessary to ensure adequate network coverage. The
new authority would permit military treatment facilities to
collect reasonable charges, from a third-party insurer, that
are incurred on behalf of a covered beneficiary.
The House amendment contained a number of provisions
(sections 711-718) that would require similar improvements to
the TRICARE system.
The House recedes with an amendment that would require
the Secretary of Defense to compare health care available
through the TRICARE program with coverage available under
similar health care plans offered under the Federal Employees
Health Benefits program and submit a report to the Committees
on Armed Services of the Senate and the House of
Representatives not later March 31, 2000.
The remaining elements of the Senate provision are
addressed in other legislative provisions in this conference
report.
Subtitle C--Other Matters
Forensic pathology investigations by Armed Forces Medical Examiner
(sec. 721)
The Senate amendment contained a provision (sec. 576)
that would permit the Armed Forces Medical Examiner or the
installation commander concerned to direct that a forensic
pathology investigation, including an autopsy, be conducted to
determine the cause or manner of death of a deceased person
under certain conditions and would permit a forensic pathology
investigation be conducted in cases where it appears that: (1)
the decedent was killed or that the cause of death was
unnatural; (2) the cause of death is unknown; (3) there is
reasonable suspicion that the death was by unlawful means; (4)
it appears that the death may have resulted from an infectious
disease or from the effects of a hazardous material that may
have an adverse effect on the military installation or the
community; (5) or the identity of the decedent is unknown.
These conditions would only apply to decedents found dead or
had died at an installation that is under the exclusive
jurisdiction of the United States; the decedent was a member of
the armed forces on active duty or inactive duty for training,
or a former member recently retired as a result of an injury or
illness incurred while on active duty or inactive duty for
training; and the decedent was a civilian dependent of a member
of the armed forces and was found dead or died outside the
United States. In addition, the provision would repeal
applicable provisions in title 10, United States Code, and
require Army and Air Force installation commanders to direct a
summary court-martial to investigate the circumstances of the
death. The committee understands that installation commanders
have independent authority to investigate the circumstances of
deaths that occur on an installation that is under the
exclusivejurisdiction of the United States.
The House amendment contained a similar provision (sec.
723).
The House recedes with a clarifying amendment.
Best value contracting (sec. 722)
The Senate bill contained a provision (sec. 714) that
would require the Secretary of Defense to ensure that health
care contracts in excess of $5.0 million provide the best value
to the United States. The recommended provision would require
that greater weight be afforded to technical and performance-
related factors than cost and price-related factors.
The House amendment contained no similar provision.
The House recedes.
Health care quality information and technology enhancement (sec. 723)
The Senate bill contained a provision (sec. 719) that
would direct the Secretary of Defense to establish a Department
of Defense Center for Medical Infomatics to carry out a program
to support the Assistant Secretary of Defense for Health
Affairs in assessing health care information, developing a
digital patient record, developing a capability for evaluating
the quality of care provided by the military medical system and
to conduct research on matters of ensuring quality health care
delivery. The Secretary of Defense would be required to
establish a Medical Infomatics Council to coordinate the
development, deployment and maintenance of health care
infomatics systems. The provision would require an annual
report on the quality of health care provided under the
military health care system. The provision would authorize an
increase of $2.0 million to the Defense Health Program to fund
the required infomatics system.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to establish a Department of Defense
program for medical infomatics and data to accelerate efforts
to automate, capture and exchange controlled clinical data and
present providers with clinical guidance using a personal
identification carrier, clinical lexicon or digital patient
record. The Secretary of Defense would be required to establish
a Medical Infomatics Advisory Committee to advise the Secretary
of Defense with regard to the development, deployment and
maintenance of health care infomatics systems for the
Department of Defense in coordination with other federal
departments and the private sector. The provision would require
an annual report on the quality of health care provided under
the military health care system.
Joint telemedicine and telepharmacy demonstration projects by the
Department of Defense and Department of Veterans Affairs (sec.
724)
The Senate bill contained a provision (sec. 720) that
would direct the Secretary of Defense, in conjunction with the
Secretary of Veterans Affairs, to conduct joint demonstration
projects for purposes of evaluating the feasibility and
practicability of providing health care and pharmacy services
by telecommunications.
The House amendment contained no similar provision.
The House recedes with an amendment that would permit the
Secretary of Defense, in conjunction with the Secretary of
Veterans Affairs, to conduct joint demonstration projects for
purposes of evaluating the feasibility and practicability of
providing health care and pharmacy services by
telecommunications.
Program-year stability in health care benefits (sec. 725)
The Senate bill contained a provision (sec. 713) that
would reduce the frequency of modifications to military health
care system benefits and administrative practices by requiring
that changes become effective on the first day of each fiscal
year unless the Secretary of Defense determines that a
different effective date would improve care to eligible
beneficiaries.
The House amendment contained a provision (sec. 711) that
would direct the Secretary of Defense to implement changes to
the TRICARE claims processing system recommended by the General
Accounting Office. The changes directed by this section would
also bring TRICARE claims processing more in line with
commercial best business practices and the procedures used by
Medicare. Additionally, when contracts are re-awarded to other
than the existing managed care support contractor, this
provision would require additional contract start-up time to
ensure a smoother phase in of the new contract.
The House recedes with an amendment that would promote
increased stability in TRICARE managed support contracts by
requiring that changes to the contracts be made no more
frequently than once per quarter unless the Secretary of
Defense determines that a different effective date would
improve care to eligible beneficiaries.
The conferees urge the Secretary of Defense to consider
implementing a policy that would limit changes to the TRICARE
benefit to become effective on the first day of each fiscal
year. The conferees believe that changing the benefit annually
would permit the lead agents and managed support contractors to
inform beneficiaries of benefit changes in advance of the
effective date and would permit the health benefits advisors
and health care providers to be informed and prepare for such
changes before the changes became effective and note that
administrative and other operational modifications would still
be made quarterly.
Study on joint operations for the Defense Health Program (sec. 726)
The House amendment contained a provision (sec. 725) that
would require the Secretary of Defense to conduct a study of
areas where the Defense Health Program could improve joint
operations.
The Senate bill contained no similar provision.
The Senate recedes.
Trauma training center (sec. 727)
The House amendment contained a provision (sec. 724) that
would recommend an increase of $4.0 million in the Defense
Health Program to support the Army Medical Department in
establishing a Trauma Training Center up to Level 1.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would eliminate
the recommendation for a specific increase in funding.
Sense of Congress regarding automatic enrollment of Medicare-eligible
beneficiaries in the TRICARE Senior Prime demonstration program
(sec. 728)
The Senate bill contained a provision (sec. 703) that
would express the sense of Congress that a uniformed services
beneficiary who is enrolled in a managed health care program of
the Department of Defense where the TRICARE Senior Prime
demonstration is conducted and who attains eligibility for
Medicare should be authorized automatic enrollment in the
TRICARE Senior Prime demonstration program.
The House amendment contained no similar provision.
The House recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Reimbursement of certain costs incurred by covered beneficiaries when
referred for care outside local catchment area
The House amendment contained a provision (sec. 717) that
would require, in future TRICARE managed care support
contracts, that TRICARE beneficiaries receive reimbursement for
personal automobile mileage or air travel incurred with regard
to a referral by a network provider or military treatment
facility to a provider more than 100 miles outside a catchment
area.
The Senate bill contained no similar provision.
The House recedes.
Removal of restriction on use of funds for abortions in cases of rape
or incest
The House amendment contained a provision (sec. 704) that
would include among the abortions funded by the Department
ofDefense those in which the pregnancy is the result of an act of
forcible rape or incest which has been reported to a law enforcement
agency.
The Senate bill contained no similar provision.
The House recedes.
Requirements for provision of care in geographically separated units
The House amendment contained a provision (sec. 715) that
would direct the Secretary of Defense to include, in future
TRICARE managed care support contracts, the requirement that
the TRICARE Prime remote network provide health care
concurrently to service members and their dependents in
geographically separated units outside the catchment area of a
military treatment facility.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the Secretary of Defense has
committed to implementing TRICARE Prime Remote to provide
health care for service members and dependents assigned to
geographically separated units. The conferees are concerned
that the Secretary of Defense has not implemented a TRICARE
Remote program for active duty military personnel and their
families. The National Defense Authorization Act for Fiscal
Year 1998 directed that active duty personnel assigned to
geographically separated units be provided health care locally.
Subsequently, the Assistant Secretary of Defense for Health
Affairs began to develop a TRICARE Remote Program that would
also provide health care to the families of active duty
personnel in remote locations. The conferees expect the
Secretary of Defense to implement a TRICARE Remote program for
active duty personnel and their families, not later than
January 21, 2000. The conferees direct the Secretary of Defense
to report to the Committees on Armed Services of the Senate and
the House of Representatives when TRICARE Remote has been
implemented.
Title VIII--Acquisition Policy, Acquisition Management, and Related
Matters
ITEMS OF SPECIAL INTEREST
Modernization of contract administrative services information systems
The conferees believe that an essential element of a
successful acquisition system is the ability to pay contractors
amounts due in a timely fashion. Modern information systems are
critical in helping the Department of Defense match requests
for payments to work performed and provide payment for valid
invoices. The conferees have been informed that the completion
of the modernization of the Contract Administrative Services
(MOCAS) system has been delayed, with completion now estimated
for fiscal year 2004. This delay will mean that payment
problems caused by the current systems--including overpayments,
mismatched disbursements, and unreasonable delays in payments
to vendors--are likely to continue for several more years. The
conferees encourage the Department to take appropriate action
to ensure completion of the required modernization as soon as
possible.
Technical staff and service contracting
The conferees have been informed that the Department of
Defense (DOD) continues to employ contract provisions requiring
that technical staff members performing on service contracts
have a minimum of three years experience. This practice appears
to be inconsistent with the concept of performance-based
contracting, which emphasizes holding contractors responsible
for results, rather than micromanaging how the work will be
performed. It may also be inconsistent with industry practice
in the rapidly changing information technology field, where
bachelor level graduates with no work experience often have
problem-solving skills and knowledge of the latest technologies
that individuals with more experience may lack. The conferees
believe that DOD should review the utility and application of
these contract provisions and make appropriate changes. Where
appropriate alternatives, such as performance-based
contracting, are available to protect the interests of the
Department and the taxpayer, the conferees urge the Department
to consider discontinuing the use of such clauses.
LEGISLATIVE PROVISIONS ADOPTED
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
Authority to carry out certain prototype projects (sec. 801)
The Senate bill contained a provision (sec. 804) that
would require the Department of Defense to ensure that the
General Accounting Office has audit access to other transaction
prototype authority agreements that provide for payments in
excess of $5.0 million, unless a public interest waiver is
obtained.
The House amendment contained no similar provision.
The House recedes with an amendment that would exempt
from General Accounting Office audit access a party or entity,
or a subordinate element of a party or entity, that has not
entered into any other agreement that provides for audit access
in the year prior to the agreement.
Streamlined applicability of cost accounting standards (sec. 802)
The Senate bill contained a provision (sec. 806) that
would modify and streamline the applicability of the Federal
cost accounting standards (CAS).
The House amendment contained no similar provision.
The House recedes with an amendment that would raise the
threshold for coverage under the CAS standards from $25.0
million to $50.0 million; exempt contractors from coverage if
they do not have a contract in excess of $7.5 million; and
exclude coverage based on firm, fixed price contracts awarded
on the basis of adequate price competition without the
submission of certified cost or pricing data.
The provision also would authorize federal agencies, as
part of their traditional role in administering contracts, to
waive the applicability of the CAS standards to contracts of
less than $15.0 million with companies that primarily sell
commercial items. Agencies also would be authorized to waive
the CAS standards for contracts of $15.0 million or more in
``exceptional circumstances.'' The ``exceptional
circumstances'' waiver may be used only when a waiver is
necessary to meet the needs of an agency, i.e. when the agency
determines that it would not be able to obtain needed products
or services from the vendor in the absence of a waiver. The
provision also would exempt from the CAS standards for a one
year period contracts under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.
Subsection (f) of this provision would require the
Administrator for Federal Procurement Policy to report to
Congress on the three categories of CAS coverage known as
``full,'' ``modified,'' and ``Federal Acquisition Regulation''
(FAR) coverage and to include recommendations on whether
``modified'' and ``FAR'' coverage should be consolidated,
combined, or revised. The conferees direct the Administrator to
consult with the Under Secretary of Defense for Acquisition and
Technology, the Director of the Defense Contract Audit Agency,
the Department of Defense Inspector General, and other
appropriate federal officials in preparing this report.
Sale, exchange, and waiver authority for coal and coke (sec. 803)
The House amendment contained a provision (sec. 801) that
would authorize the Secretary of Defense to sell, exchange, or
waive provisions of law in the purchase of coal and coke when
it would be in the public interest to do so.
The Senate bill contained no similar provision.
The Senate recedes.
Guidance on use of task order and delivery order contracts (sec. 804)
The Senate bill contained a provision (sec. 807) that
would require the Federal Acquisition Regulation to provide
guidance on the appropriate use of task and delivery order
contracts, asauthorized by the Federal Acquisition Streamlining
Act of 1994.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Comptroller General of the United States to report on the
conformance of the regulations issued under this provision with
existing law.
Clarification of definition of commercial items with respect to
associated services (sec. 805)
The Senate bill contained a provision (sec. 808) that
would clarify that services ancillary to a commercial item,
such as installation, maintenance, repair, training, and other
support services, would be considered a commercial service,
regardless of whether the service is provided by the same
vendor or at the same time as the item, if the service is
provided contemporaneously to the general public under similar
terms and conditions.
The House amendment contained no similar provision.
The House recedes.
Use of special simplified procedures for purchases of items in excess
of the simplified acquisition threshold (sec. 806)
The Senate bill contained a provision (sec. 809) that
would extend by three years the expiring pilot authority to
allow the application of simplified acquisition procedures to
commercial items below a $5.0 million threshold.
The House amendment contained a similar provision (sec.
802).
The House recedes.
Repeal of termination of provision of credit towards subcontracting
goals for purchases benefiting severely handicapped persons
(sec. 807)
The House amendment contained a provision (sec. 804) that
would make permanent existing authority to credit purchases
from qualified nonprofit agencies for the blind or the severely
handicapped toward meeting subcontracting goals for defense
contractors.
The Senate bill contained no similar provision.
The Senate recedes.
Contract goal for small disadvantaged businesses and certain
institutions of higher education (sec. 808)
The Senate bill contained a provision (sec. 811) that
would extend section 2323, title 10, United States Code, for
three years.
The House amendment contained no similar provision.
The House recedes.
Required reports for certain multiyear contracts (sec. 809)
The House amendment contained two multiyear authority
provisions (secs. 111 and 121) that would require a report on
certain multiyear contracts.
The Senate bill contained no similar provision.
The conferees agree to establish a separate provision
that would establish a required report for certain multiyear
contracts. The provision would prohibit the services from
entering into multiyear contracts until the Secretary of
Defense provides a report to the congressional defense
committees outlining information on the total obligation
authority associated with existing and requested multiyear
contracts contained in the Future Years Defense Program.
Subtitle B--Other Matters
Mentor-Protege Program improvements (sec. 811)
The Senate bill contained a provision (sec. 802) that
would extend for five years the pilot mentor-protege program
established by section 831 of the National Defense
Authorization Act for Fiscal Year 1991 and codify a number of
the program improvements instituted by the Department of
Defense.
The House amendment contained no similar provision.
The House recedes with an amendment that would extend the
program by three years and require the Secretary of Defense to
report to Congress on the advisability and feasibility of
establishing a plan for transitioning the mentor-protege
program to one that operates without a dedicated appropriation.
The amendment would also require the Comptroller General of the
United States to conduct a review on the efficacy of the
mentor-protege program and provide a report on the results of
that review to the Committees on Armed Services of the Senate
and House of Representatives by January 1, 2002.
Program to increase business innovation in defense acquisition programs
(sec. 812)
The House amendment contained a provision (sec. 808) that
would require the Secretary of Defense to establish a program
to increase the opportunities for small business companies with
innovative technology to participate in the acquisition
programs of the Department of Defense.
The Senate bill contained a provision (sec. 803) that
would require the Department of Defense to report to Congress
by March 2000 on the progress made in implementing the plan
established by section 818 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999.
The Senate recedes with an amendment that would combine
the two provisions and require the Secretary of Defense to
publish by March 1, 2000, in the Federal Register a plan to
provide forincreased innovative technology innovation from
commercial private sector companies, including small business concerns,
for the acquisition programs of the Department of Defense and to
implement such plan by March 1, 2001.
Incentives to produce innovative new technologies (sec. 813)
The Senate bill contained a provision (sec. 234) that
would require the Department to revise its contractor profit
guidelines to provide new incentives for the private sector to
participate in the development of revolutionary new defense
technologies.
The House amendment contained no similar provision.
The House recedes with an amendment that would direct the
Secretary of Defense to examine the profit guidelines to
consider appropriate changes that would encourage innovation
and technical risk and to make any changes deemed appropriate
following the review. The conferees further require the
Secretary to report to the congressional defense committees on
the results of the review no later than 180 days after the
enactment of the Act.
Pilot program for commercial services (sec. 814)
The Senate bill contained a provision (sec. 805) that
would authorize the Secretary of Defense to carry out a pilot
program to treat procurements of certain classes of services as
procurements of commercial items.
The House amendment contained no similar provision.
The House recedes with an amendment that would modify the
classes of services treated as commercial items and the
applicability of simplified acquisition procedures.
Expansion of applicability of requirement to make certain procurements
from small arms production industrial base (sec. 815)
The House amendment contained a provision (sec. 803) that
would amend section 2473(d) of title 10, United States Code, by
adding the M-2 and M-60 machine guns to the list of weapon
systems included in the small arms industrial base.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
that if the Secretary of the Army determines, on the basis of
the study conducted pursuant to section 809(e) of the Strom
Thurmond National Defense Act for Fiscal Year 1999, that it is
necessary to protect the small arms production industrial base,
the Secretary shall extend the requirements of section 2373,
title 10, United States Code, to the M-2 and M-60 machine guns.
The amendment would also clarify covered property and services
under section 2473(b) to apply to critical repair parts
consisting of barrels, bolts and receivers. The conferees
direct the Secretary to implement section 2473 in a manner that
enhances the quality and reliability of small arms used by the
Department of Defense and minimizes the adverse effects on
small business and competition.
Compliance with existing law regarding purchases of equipment and
products (sec. 816)
The House amendment contained a provision (sec. 809) to
limit funds to be expended by an entity of the Department of
Defense (DOD) unless the entity agrees to comply with the Buy
America Act, express the sense of Congress stating that DOD
should only purchase American-made equipment and products, and
require the Secretary of Defense to determine whether a person
should be debarred from federal contracting if that person has
been convicted of fraudulent use of ``Made in America'' labels.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would strike
the limitation on funding and express the sense of Congress
that DOD should fully comply with the Buy America Act and
section 2533 of title 10, United States Code, regarding
determinations of public interest under the Buy American Act.
Extension of test program for negotiation of comprehensive small
business subcontracting plans (sec. 817)
The Senate bill contained a provision (sec. 801) that
would extend for five additional years the test program for
negotiation of comprehensive small business subcontracting
plans established by section 834 of the National Defense
Authorization Act for Fiscal Years 1990 and 1991.
The House amendment contained a similar provision (sec.
805).
The House recedes.
Extension of interim reporting rule for certain procurements less than
$100,000 (sec. 818)
The Senate bill contained a provision (sec. 810) that
would extend, until October 1, 2004, the current reporting
requirement under Section 31(f) of the Office of Federal
Procurement Act that requires detailed reporting of contract
activity between $25,000 and $100,000 in the Federal
Procurement Data System.
The House amendment contained no similar provision.
The House recedes.
Inspector General review of compliance with Buy American Act in
purchases of strength training equipment (sec. 819)
The House amendment contained a provision (sec. 1045)
that would require the Department of Defense Inspector General
to review whether purchases of free weights are being made in
compliance with the Buy American Act.
The Senate bill contained no similar provision.
The Senate recedes with an amendment clarifying the scope
and duration of the study.
Report on options for accelerated acquisition of precision munitions
(sec. 820)
The House amendment contained a provision (sec. 807) that
would require the Secretary of Defense to report to the
congressional defense committees on the requirements of the
Department of Defense for quantities of precision munitions for
two major theater wars and develop options and plans to
accelerate the acquisition of such munitions.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would clarify
the requirements of the report and require the Secretary of
Defense to prepare an assessment of the risk associated with
those precision guided munitions where the inventory is not
expected to meet the two major theater war requirement by
October 1, 2005.
Technical amendment to prohibition on release of contractor proposals
under the Freedom of Information Act (sec. 821)
The Senate bill contained a provision (sec. 1080) that
would apply the requirements of section 2305(g) of title 10,
United States Code, to the Departments of Defense, Army, Air
Force, and Navy, the Coast Guard, and the National Aeronautics
and Space Administration.
The House amendment contained no similar provision.
The House recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Facilitation of national missile defense system
The House amendment contained a provision (sec. 806) that
would: (1) allow the Secretary of Defense to make a
determination to proceed with production of a national missile
defense (NMD) system prior to completion of initial operational
test and evaluation (IOT&E;); (2) require that the Secretary
ensure that an adequate operational test and evaluation for an
NMD system be completed as soon as practicable following such a
determination; and (3) require the Secretary to notify the
Armed Services Committee of the House of Representatives and
the Armed Services Committee of the Senate when such a
determination is made.
The Senate bill contained no similar amendment.
The House recedes.
The conferees are aware that the NMD program may not be
able to proceed into initial operational test and evaluation
with production representative interceptor missiles unless the
program is restructured or is granted a waiver from current
law. Conferees note that section 2399(a) of title 10, United
States Code, requires that initial operational testing and
evaluation of a major defense acquisition program be completed
prior to entry into production. However, the NMD program is
currently scheduled to begin IOT&E; with missiles from the first
production lot.
The conferees direct that, not later than March 1, 2000,
the Director of the Ballistic Missile Defense Organization
shall submit a report to the congressional defense committees
that: (1) identifies and describes any impediments posed by
current acquisition laws and regulations to meeting the current
NMD system baseline schedule; and (2) provides recommendations
for necessary statutory or regulatory relief.
Title IX--Department of Defense Organization and Management
LEGISLATIVE PROVISIONS ADOPTED
Subtitle A--Department of Defense Strategic Planning
Permanent requirement for Quadrennial Defense Review (sec. 901)
The Senate bill contained a provision (sec. 906) that
would make permanent the requirement contained in the National
Defense Authorization Act for Fiscal Year 1997, for the
Secretary of Defense to conduct a Quadrennial Defense Review
(QDR) at the beginning of each new administration with a view
toward determining and expressing the defense strategy of the
United States and establishing a revised defense plan for the
ensuing 10 to 20 years. The Secretary would provide the
Committees on Armed Services of the Senate and House of
Representatives with a report on the results of the QDR that
would include, among other things, a comprehensive discussion
of the defense strategy of the United States and various force
structures suited to implement that strategy, the threats to
U.S. national interests examined for the purposes of the
review, the assumptions used in the review, the effect on the
force structure of preparations for and participation in peace
operations, the effect on the force structure of anticipated
technological advancements, the manpower and sustainment
policies required under the defense strategy, the anticipated
roles and missions of the reserve components, the appropriate
ratio of combat forces to support forces, the required air and
sea-lift capabilities, the forward presence and prepositioning
requirements under the strategy, the extent to which resources
must be shifted from one theater to another under the defense
strategy, and recommended changes to the Unified Command Plan.
The report would be submitted not later than September 30 of
the year in which the review is conducted.
The provision would also require the establishment of a
National Defense Panel (NDP) that would conduct an assessment
ofthe defense strategy, force structure, force modernization
plans, infrastructure, budget plan, and other elements of the defense
program and policies established under the previous quadrennial defense
review. The assessment would be made with a view toward recommending
the most critical changes that should be made to the defense strategy
of the United States for the ensuing 10 and 20 years, and any changes
considered appropriate by the Panel regarding major weapon systems
programmed for the force. The panel would be established in the year
immediately preceding a year in which a President is inaugurated and
would consist of nine individuals from the private sector who are
recognized experts in matters relating to national security.
The House amendment contained no similar provision.
The House recedes with an amendment that would require a
QDR, but would not authorize a NDP. The amendment would also
require an assessment of the risk, defining the nature and
magnitude of the political, strategic, and military risks
associated with executing the missions called for under the
national military strategy. The amendment would also require a
discussion of the force structure necessary to perform the
national military strategy, and if that force structure could
not perform the missions required by the national military
strategy at a low-to-moderate risk, the additional resources
that would be required to achieve a low-to-moderate risk.
The House amendment would also include a requirement to
identify additional assumptions used during the performance of
the QDR, including the benefits to, and burdens on, the United
States forces resulting from coalition warfare; the intensity,
duration, and military and political end-states of conflicts
and smaller scale contingencies.
The conferees are mindful that the many previous attempts
to define a national defense strategy and identify sufficient
military forces to protect the United States and its national
security interests during the post-Cold War era have suffered
from a variety of shortcomings. The conferees intend that the
Quadrennial Defense Review described in this provision should
include an effort to determine a defense strategy designed to
protect the full range of U.S. national security interests and
to identify forces sufficient to do so at as low a risk as
possible. A successful review, the conferees believe, should be
driven first by the demands of strategy, not by any
presupposition about the size of the defense budget.
Minimum interval for updating and revising Department of Defense
strategic plan (sec. 902)
The Senate bill contained a provision (sec. 905) that
would amend the Government Performance and Results Act to
increase the maximum length of time between updates and
revisions of the strategic plan of the Department of Defense to
four years. This provision would conform the strategic plan
requirement for the Department of Defense to the schedule of
the Quadrennial Defense Review (QDR), which serves as the
strategic plan for the Department of Defense.
The House amendment contained no similar provision.
The House recedes.
The conferees accept the use of the QDR and the resulting
report as the Government Performance and Results Act strategic
plan for the Department of Defense. However, the conferees
direct that a report resulting from the QDR contain a separate
section dedicated to the Government Performance and Results Act
strategic plan, and that it contain all of the strategic plan
elements required by section 306(a) of title 5, United States
Code.
Subtitle B--Department of Defense Organization
Responsibility for logistics and sustainment functions of the
Department of Defense (sec. 911)
The House amendment contained a provision (sec. 902) that
would establish and clarify responsibility for logistics and
sustainment functions within the Office of the Secretary of
Defense. First, the provision would rename the current position
of Under Secretary of Defense for Acquisition and Technology to
Under Secretary of Defense for Acquisition, Technology and
Logistics, reflecting the increased importance of the logistics
function. The provision would also create the new position of
Deputy Under Secretary of Defense for Logistics and Materiel
Readiness to provide this function the organizational stature
and visibility that it deserves. The new position would be
subject to confirmation by the United States Senate, a
requirement intended to enhance the quality of the individuals
nominated for this job and increase congressional oversight of
this critical area.
The Senate bill contained no similar provision.
The Senate recedes.
Enhancement of technology security program of Department of Defense
(sec. 912)
The House amendment contained a provision (sec. 910) that
would establish the Technology Security Directorate (TSD) of
the Defense Threat Reduction Agency (DTRA) as a separate
Defense Department agency named the Defense Technology Security
Agency, and would require the director of the agency to advise
the Secretary of Defense on policy issues related to the
transfer of strategically sensitive technology.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would retain
the TSD within DTRA and require: (1) that the director of the
TSD have the authority to advise the Secretary of Defense on
policy issues related to the transfer of strategically
sensitive technology; (2) the Secretary of Defense to ensure
that thedirector of the TSD has appropriate resources and
receives the necessary support to carry out the mission of the TSD; (3)
that staff and resources of the TSD may not be used for purposes not
related to the TSD missions of technology security and export control
without the prior approval of the Under Secretary of Defense for
Policy; and (4) the Secretary of Defense to provide to the
congressional defense committees not later than March 1, 2000, a report
on personnel and resource issues affecting the TSD.
Efficient utilization of defense laboratories (sec. 913)
The Senate bill contained a provision (sec. 239) that
would require the Secretary Department of Defense to carry out
an independent, cross-service analysis of the resources and
capabilities of the defense laboratories, and to identify
opportunities to consolidate responsibilities by area or
function or by designating lead agencies or executive agents.
This section would also require the Department to develop a
single performance review process, applicable to all of the
military services, for rating the quality and relevance of the
work performed by the defense laboratories.
The House amendment contained no similar provision.
The House recedes.
Center for the Study of Chinese Military Affairs (sec. 914)
The House amendment contained a provision (sec. 905) that
would establish a Center for the Study of Chinese Military
Affairs at the National Defense University.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would establish
a center within the Institute for National Strategic Studies of
the National Defense University for the study of Chinese
military affairs.
The conferees acknowledge that the strategic relationship
between the United States and the People's Republic of China
will be very important for future peace and security, not only
in the Asia-Pacific region but around the world.
As the United States and the People's Republic of China
work to forge a new strategic relationship, the conferees
believe that the Department of Defense would benefit from a
center focusing on research and assessment of political,
strategic, and military affairs in the People's Republic of
China. The center would be a valuable asset to the Department
as it monitors the national security aspects of the developing
relationship between the United States and the People's
Republic of China.
The conferees agree that this center should conduct
research relating to the potential of the People's Republic of
China to act as a global great power, including research
relating to economic trends, strengths and weaknesses in the
science and technological sector, and relevant demographic and
human resource factors. It should also conduct research on
China's armed forces, including their character, role in
Chinese society and economy, technological sophistication, and
organizational and doctrinal concepts. Such research would
include concepts concerning national interests, objectives and
strategic culture; grand strategy, military strategy, military
operations and tactics, and doctrinal concepts thereunder; the
impact of doctrine on China's force structure; and the
interaction of doctrine and force structure to create an
integrated system of military capabilities through procurement,
officer education, training, practice and other similar
factors.
The conferees believe that the core faculty of this
center should be comprised of scholars capable of providing
diverse perspectives on Chinese political, strategic, and
military thought and demonstrate competencies and capabilities
relating to the above research areas. A substantial number of
center scholars should be competent in the Chinese language.
Additionally, linguistics and translation support should be
available to this center.
The conferees agree that this center should conduct an
active conference program and the core faculty should ideally
visit China and the region at least once per year.
Asia-Pacific Center for Security Studies (sec. 915)
The House amendment contained a provision (sec. 1040)
that would authorize the Secretary of Defense to waive
reimbursement of the costs of conferences, seminars, courses of
instruction, or similar educational activities of the Asia-
Pacific Center for military officers and civilian officials of
foreign nations of the Asia-Pacific region if the Secretary
determines that attendance by these persons is in the national
security interests of the United States. The amendment would
permit the Secretary of Defense to accept, on behalf of the
United States, foreign gifts or donations in order to defray
the costs of, or enhance the operation of, the Asia-Pacific
Center.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would only
permit the Secretary of Defense to accept, on behalf of the
United States, foreign gifts or donations in order to defray
the costs of, or enhance the operation of, the Asia-Pacific
Center.
Subtitle C--Personnel Management
Revisions to limitations on number of personnel assigned to major
Department of Defense headquarters activities (sec. 921)
The Senate bill contained a provision (sec. 901) that
would amend section 130a of title 10, United States Code, as
amended by section 911 of the National Defense Authorization
Act for Fiscal Year 1998, to require a 35 percent reduction of
management headquarters and headquarters support activities
(MHA) personnel,using as a baseline the number of MHA personnel
in the Department of Defense as of October 1, 1989, in lieu of the
current required 25 percent reduction based on an October 1, 1997,
baseline.
The House amendment contained a provision (sec. 903) that
would require the Secretary of Defense to implement a revised
directive, to be applied uniformly throughout the Department of
Defense, that accounts for management headquarters personnel by
function rather than organization.
The House recedes with an amendment that would codify the
current, revised definition of management headquarters and
would require a 15 percent reduction, five percent per year for
three years, from the personnel levels resulting from
implementation of the new, revised definition.
Defense acquisition workforce reductions (sec. 922)
The House amendment contained a provision (sec. 904) that
would reduce the defense acquisition workforce, as defined in
section 931(d) of the National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261), by a total of 25,000 in
fiscal year 2000.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to implement reductions in the
acquisition and support workforce not less than the number by
which that workforce is programmed to be reduced in the fiscal
year 2000 President's budget, unless the Secretary determines
and certifies to Congress that changed circumstances would
require a lesser reduction. This waiver must be in the national
security interest of the United States and may not reduce the
required reduction by more than ten percent.
The conferees understand that the President's Budget for
fiscal year 2000 reflects a planned reduction of approximately
15,800 full-time equivalents in the defense acquisition
workforce based upon the definition contained in 931(d) of the
National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105-261). The conferees note, however, that significant
acquisition workforce reductions have already been made.
According to the Department, the acquisition workforce will
have been reduced by 55 percent from 1989 to 2001. The
conferees believe that any future acquisition workforce
reductions are dependent on the ability of the Department of
Defense to ensure that the taxpayer is adequately protected
from fraud, waste, and mismanagement, and that the Department
is able to continue to maintain a quality workforce.
Monitoring and reporting requirements regarding operations tempo and
personnel tempo (sec. 923)
The House amendment contained a provision (sec. 906) that
would require the Secretary of Defense to monitor personnel
tempo and operations tempo of the armed services. The provision
would also direct the Secretary to work toward a common
definition to measure personnel tempo and operations tempo, to
the maximum extent practicable, in order to have a more
accurate measurement system. The House amendment also contained
a provision (sec. 1035) that would direct the Secretary of
Defense to report on various aspects of operations tempo and
personnel tempo in his annual report to Congress.
The Senate bill contained no similar provisions.
The Senate recedes with an amendment that would merge the
two provisions and make clarifying changes.
Administration of Defense Reform Initiative enterprise program for
military manpower and personnel information (sec. 924)
The Senate bill contained a provision (sec. 584) that
would require the Secretary of Defense to designate the
Secretary of the Navy as the executive agent for carrying out
the defense reform initiative enterprise pilot program for
military manpower and personnel information as established in
section 8147 of the Department of Defense Appropriations Act
for Fiscal Year 1999.
The House amendment contained no similar provision.
The House recedes with an amendment that would authorize
the Secretary of Defense to designate the Secretary of the Navy
as the executive agent for carrying out the defense reform
initiative enterprise pilot program for military manpower and
personnel information as established in section 8147 of the
Department of Defense Appropriations Act for Fiscal Year 1999.
The conferees note that the defense reform initiative
enterprise pilot program for military manpower and personnel
information was established in the Department of Defense
Appropriations Act for Fiscal Year 1999 and enjoys the
continued support of the Secretary of Defense. This pilot
program represents a shift from the previous disparate
personnel systems to a common, integrated system to manage
manpower and personnel information. In addition, this program
should reduce the infrastructure needed to support military
human resource management programs. As such, the conferees
support continued emphasis on this important project.
Payment of tuition for education and training of members in the defense
acquisition workforce (sec. 925)
The Senate bill contained a provision (sec. 538) that
would permit payment of tuition for education and training of
military personnel in the acquisition workforce on the same
basis as civilian personnel in the acquisition workforce.
The House amendment contained no similar provision.
The House recedes with an amendment that would make the
payment of tuition effective upon enactment and clarify that
the provision would not be retroactive.
Subtitle D--Other Matters
Additional matters for annual report on joint warfighting
experimentation (sec. 931)
The Senate bill contained a provision (sec. 902) that
would amend section 485(b) title 10, United States Code, by
adding matters to be included in the annual report on joint war
fighting experimentation.
The House amendment (sec. 909) contained a similar
provision.
The House recedes with an amendment that would also
require recommendations for mission needs statements,
operational requirements, and relative priorities for
acquisition programs to meet joint requirements to be included
in the annual report.
Oversight of Department of Defense activities to combat terrorism (sec.
932)
The Senate bill contained a provision (sec. 1007) that
would set forth separately the amounts authorized to be
appropriated in titles I, II and III for the programs of the
Department of Defense to combat terrorism and would transfer
those funds to a Central Transfer Account (CTA). The funds
transferred to the CTA would be funds identified by the
Department as funds to combat terrorism, including funds for
combating weapons of mass destruction and additional funds for
Rapid Assessment and Initial Detection (RAID) teams. The
provision would also direct the Secretary of Defense, beginning
with the fiscal year 2001 budget submission, to set forth
separately all funds for combating terrorism within its overall
budget request to Congress.
The House amendment contained no similar provision.
The House recedes with an amendment that would: (1)
require the Secretary of Defense to submit to the congressional
defense committees a report on all programs and activities of
the Department of Defense combating terrorism program,
including the definitions used by the Department for all terms
relating to combating terrorism; (2) require the Secretary to
submit to Congress a consolidated budget justification display
that includes all programs and activities of the Department of
Defense combating terrorism program; and, (3) require the
Secretary to submit a semiannual obligation report to the
congressional defense committees on the Department's combating
terrorism program.
The conferees believe that this provision will give the
Department's combating terrorism mission the focus and
visibility it requires. The conferees further believe that the
information required by this provision will greatly assist the
Congress in its effort to conduct thorough oversight of the
Department's combating terrorism program.
Responsibilities and accountability for certain financial management
functions (sec. 933)
The Senate bill contained a provision (sec. 1009) that
would place responsibility for the Department of Defense to
receive an unqualified opinion on financial statements with the
Under Secretary of Defense (Comptroller) and add this
requirement to section 135 of title 10, United States Code. The
provision also requires the Under Secretary of Defense
(Comptroller) to prescribe regulations governing the use of
credit cards and setting forth controls on the alteration of
remittance addresses.
The House amendment contained no similar provision.
The House recedes with an amendment that would not
require the permanent change to title 10, United States Code.
Management of Civil Air Patrol (sec. 934)
The Senate bill contained a provision (sec. 904) that
would require an audit and investigation of the management
practices of the Civil Air Patrol. The audit and investigation
would be conducted by the Comptroller General of the United
States and the Department of Defense Inspector General.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
LEGISLATIVE PROVISIONS NOT ADOPTED
Employment and compensation of civilian faculty members of Department
of Defense African Center for Strategic Studies
The House bill contained a provision (sec. 908) that
would authorize the Department of Defense to hire civilian
faculty members for the United States European Command African
Center for Strategic Studies.
The Senate bill contained no similar provision.
The House recedes.
The conferees do not intend to impede the development of
the African Center for Strategic Studies (ACSS) by denying this
authority at this time. However, the conferees believe that
further planning and development of the ACSS is needed before
such authority is authorized and note that currently, the ACSS
is a virtual center without a permanent facility and only a
limited number of seminars planned through fiscal year 2004.
Limitation on amount available for contracted advisory and assistance
services
The House amendment contained a provision (sec. 901) that
would reduce Advisory and Assistance Services (A&AS;) funding by
$100.0 million in fiscal year 2000 and withhold an additional
10 percent of A&AS; funding until the Department submits the
first annual report under section 2212(c) of title 10, United
States Code.
The Senate bill contained no similar provision.
The House recedes.
Title X--General Provisions
ITEMS OF SPECIAL INTEREST
Airfield safety database
The conferees note that the commission that investigated
aircraft safety issues in the wake of the CT-43 crash in Bosnia
that killed Commerce Secretary Ron Brown found that no airfield
obstruction database exists and that, as a result, the National
Imagery and Mapping Agency (NIMA) has taken the lead to use
imagery to accurately create such a database. In addition, the
conferees note that industry is developing navigation equipment
that can use this data. To date, NIMA, in coordination with the
Federal Aviation Administration (FAA), has identified a
requirement to include over 1,000 airfields worldwide in this
database. Given the critical aviation safety issues associated
with this effort, the conferees recognize a compelling need to
expeditiously complete it.
Therefore, the conferees direct the director of NIMA to
develop a comprehensive program that would create three
dimensional terrain and obstruction data for each airfield
identified in the requirement on an accelerated basis. The
director shall coordinate his efforts with the FAA to ensure
that the data conforms to applicable flight standards and
certification requirements. The director shall also provide a
plan for such a program to the Senate Committee on Armed
Services, House Committee on Armed Services, House Permanent
Select Committee on Intelligence and the Senate Select
Committee on Intelligence that identifies requirements and
issues associated with the program by January 31, 2000.
Education Partnership Agreements
The conferees note that questions have arisen over the
implementation of the authority provided to the Secretary of
Defense in sections 2194, title 10, United States Code, to
enter into education partnership agreements with educational
institutions. The conferees encourage the Secretary to review
and report to the congressional defense committees by December
31, 1999 on any recommendations to simplify the review and
transfer process for surplus scientific equipment and
computers.
LEGISLATIVE PROVISIONS ADOPTED
Subtitle A--Financial Matters
Transfer authority (sec. 1001)
The Senate bill contained a provision (sec. 1001) that
would permit the transfer of amounts of authorizations made
available in Division A of this Act.
The House amendment contained an identical provision.
The conference agreement includes this provision.
Incorporation of classified annex (sec. 1002)
The House amendment contained a provision (sec. 1002)
that would incorporate the classified annex prepared by the
Committee on Armed Services into this Act.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment that would
provide that the classified annex prepared by the committee of
conference be incorporated into this Act.
Authorization of emergency supplemental appropriations for fiscal year
1999 (sec. 1003)
The Senate bill contained a provision (sec. 1010) that
would authorize funding provided for military and relief
operations in and around Kosovo for fiscal year 1999 and other
purposes in the 1999 Emergency Supplemental Appropriations Act
(Public Law 106-31).
The House amendment contained a provision (sec. 1003)
that would authorize only military personnel appropriations for
fiscal year 2000 provided in the 1999 Emergency Supplemental
Appropriations Act (Public Law 106-31).
The House recedes with an amendment that would authorize
appropriations made available upon enactment of the 1999
Emergency Supplemental Appropriations Act (Public Law 106-31).
The amendment would also extend authorization to contingent
defense appropriations contained in the Act only if the
President submits an amended budget request that designates the
requirement for these appropriations as an emergency and is
consistent with the intended uses specified in the Act.
Supplemental appropriations request for operations in Yugoslavia (sec.
1004)
The House amendment contained a provision (sec. 1006)
that would require the President to transmit to the Congress a
supplemental appropriations request for the Department of
Defense for the costs of any combat or peacekeeping operations
in the Federal Republic of Yugoslavia that the President
determines are in the national security interest of the United
States.
The Senate bill contained no similar provision.
The Senate recedes.
United States contribution to NATO common-funded budgets in fiscal year
2000 (sec. 1005)
The Senate bill contained several provisions (sec. 211,
311, and 1008) that would specifically authorize the U.S.
contribution to NATO common-funded budgets for fiscal year
2000, including the use of unexpended balances from previous
years. Such an authorization is required by section 3(2)(C)(ii)
of the resolution of ratification for the Protocols to the
North Atlantic Treaty of 1949 on the Accession of Poland,
Hungary and the Czech Republic for each fiscal year that the
U.S. payments to the common-funded budgets of NATO exceed the
amount paid by the United States in fiscal year 1998.
The House amendment contained no similar provisions.
The House recedes with an amendment that would combine
the three provisions contained in the Senate bill into one
provision to authorize the U.S. contribution to the common-
funded budgets of NATO for fiscal year 2000.
Limitation on funds for Bosnia peacekeeping operations for fiscal year
2000 (sec. 1006)
The House amendment contained a provision (sec. 1205)
that would establish a limitation of $1,824.4 million on the
amount authorized to be appropriated for the incremental costs
of the armed forces for Bosnia peacekeeping operations. The
provision authorized the president to waive the limitation
after submitting to the Congress a written certification that
the waiver is necessary in the national security interests of
the United States; a written certification that exercising the
waiver will not adversely affect the readiness of U.S. military
forces; a report setting forth the reasons for the waiver and a
discussion of the impact of the involvement of U.S. military
forces in Bosnia peacekeeping operations on U.S. military
readiness; and a supplemental appropriations request for the
Department of Defense for the additional fiscal year 2000 costs
associated with U.S. military forces participating in, or
supporting, Bosnia peacekeeping operations.
The Senate bill contained no similar provision.
The Senate recedes.
Second biennial financial management improvement plan (sec. 1007)
The Senate bill contained a provision (sec. 1002) that
would require the second biennial financial management
improvement plan, to include additional items in an effort to
improve the overall financial management within the Department
of Defense.
The House amendment contained no similar provision.
The House recedes with an amendment that would place
responsibility for a uniform internal control policy with the
Under Secretary of Defense (Comptroller) and require business
sensitive information to be provided to Congress in a separate
annex to protect the sensitive nature of the information.
Waiver authority for requirement that electronic transfer of funds be
used for Department of Defense payments (sec. 1008)
The Senate bill contained a provision (sec. 1004) that
would provide the authority to the Secretary of Defense to
require that military members and civilian employees of the
Department of Defense receive payments by electronic fund
transfer.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Single payment date for invoice for various subsistence items (sec.
1009)
The Senate bill contained a provision (sec. 1003) that
would align Defense Logistics Agency (DLA) commercial practices
and regulations of the Prime Vendor Program with commercial
practices of private industry.
The House amendment contained no similar provision.
The House recedes.
Payment of foreign licensing fees out of proceeds of sale of maps,
charts, and navigational books (sec. 1010)
The Senate bill contained a provision (sec. 1005) that
would permit the National Imagery and Mapping Agency (NIMA) to
pay licensing fees to foreign countries and international
organizations from increased proceeds of its public sales.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Subtitle B--Naval Vessels and Shipyards
Revision to congressional notice-and-wait period required before
transfer of a vessel stricken from the naval vessel register
(sec. 1011)
The Senate bill contained a provision (sec. 1012) that
would amend the requirement in section 7306(d) of title 10,
United States Code, for the period of delay after notification
to Congress of intent to transfer a naval vessel stricken from
the naval vessel register. The Senate would require
notification to Congress followed by 60 legislative days on
which at least one house of Congress is in session before
transfer of a naval vessel.
The House amendment contained a similar provision (sec.
1011) that would require notification followed by 30 days
during which both houses of Congress are in session before
transfer of a naval vessel.
The Senate recedes.
Authority to consent to retransfer of former naval vessel (sec. 1012)
The House amendment contained a provision (sec. 1012)
thatwould permit the President to consent to the retransfer of
a former U.S. naval vessel from the government of Greece to the USS LST
Memorial, Inc., a not-for-profit organization, for use as a memorial.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment regarding
U.S. Government liability for claims resulting from potential
hazardous materials aboard the ship.
Report on naval vessel force structure requirements (sec. 1013)
The House amendment contained a provision (sec. 1013)
that would require the Secretary of Defense to submit a report
on naval vessel force structure requirements not later than
February 1, 2000 to the Committees on Armed Services of the
Senate and of the House of Representatives.
The Senate report (S. Rept. 106-50) accompanying the bill
contained a similar reporting requirement.
The Senate recedes with a clarifying amendment.
Auxiliary vessels acquisition program for the Department of Defense
(sec. 1014)
The House amendment contained a provision (sec. 1014)
that would codify in title 10, United States Code,
authorization for the Secretary of the Navy to contract for the
long-term lease or charter of newly constructed surface
vessels. Such leases or charters would apply to the Navy's
combat logistics force and strategic sealift programs, as well
as other auxiliary support vessels of the Department of
Defense.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
National Defense Features program (sec. 1015)
The budget request included no funds for the national
defense features (NDF) program.
The Senate bill contained a provision (sec. 313) that
would modify section 2218 of title 10, United States Code, to
allow advance payments for the costs associated with installing
NDF in commercial ships. In addition, the provision would
authorize an increase of $40.0 million in the National Defense
Sealift Fund (NDSF) for the NDF program.
The House amendment contained a similar provision (sec.
1015). However, the House provision would not authorize an
increase to the NDSF for the NDF program.
The conferees agree to modify section 2218 of title 10,
United States Code, to allow advance payments for the costs
associated with installing NDF in commercial ships.
Sales of naval shipyard articles and services to nuclear ship
contractors (sec. 1016)
The Senate bill contained a provision (sec. 1011) that
would waive the restrictions contained in sections 2208(j)(2),
2553(a)(1) and 2553(c)(1) of title 10, United States Code, in
certain circumstances. The provision would permit a naval
shipyard to sell articles or services to a private shipyard
fulfilling a Department of Defense contract for a nuclear ship
when requested by the private shipyard.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Transfer of naval vessel to foreign country (sec. 1017)
The Senate bill contained a provision (sec. 1013) that
would authorize the Secretary of the Navy to transfer one
Cyclone class patrol craft to the government of Thailand. This
provision supports the veterans who served in Landing Craft
Support (LCS) ships in their request, which is supported by the
Chief of Naval Operations, to return LCS-102 to the United
States once the government of Thailand no longer has a
requirement for the vessel.
The House amendment contained no similar provision.
The House recedes.
The conferees agree to support veterans who served in LCS
ships in their efforts to return LCS-102 to the United States
as a memorial.
Authority to transfer naval vessels to certain foreign countries (sec.
1018)
The conferees agree to authorize the Secretary of the
Navy to transfer on a sale basis: four Newport class tank
landing ships, one Knox class frigate, and two Oliver Hazard
Perry class guided missile frigates; and, by grant basis: two
Knox class frigates, one Oliver Hazard Perry class guided
missile frigate, one Oak Ridge class medium auxiliary repair
dry dock, and one medium auxiliary floating dry dock to various
countries. Any expense incurred by the United States in
connection with these transfers would be charged to the
recipient. The provision would also:
(1) direct that, to the maximum extent possible,
the Secretary of the Navy shall require, as a condition
of transfer, that repair and refurbishment associated
with the transfer be accomplished in a shipyard located
in the United States; and
(2) stipulate that the authority to transfer these
vessels will expire at the end of a two-year period
that begins on the date of enactment of the National
Defense Authorization Act for Fiscal Year 2000.
Subtitle C--Support for Civilian Law Enforcement and Counter Drug
Activities
The budget request for drug interdiction and other
counter-drug activities of the Department of Defense (DOD)
totals $954.6 million. This includes the $788.1 million central
transfer account and $166.5 million in the operating budgets of
the military services for authorized counter-drug operations.
The conferees recommend the following budget for the
Department's counter-narcotics activities:
Drug Interdiction and Counter-Drug Activities, Operations and
Maintenance
(In thousands of dollars)
(May not add due to rounding)
Fiscal Year 2000 Drug and Counter-Drug Request.......... $954,600
Goal 1 (Dependent Demand Reduction)............... 16,811
Goal 2 (Support to DLEAs)......................... 95,015
Goal 3 (DOD Personnel Demand Reduction)........... 72,206
Goal 4 (Drug Interdiction--TZ/SWB)................ 440,755
Goal 5 (Supply Reduction)......................... 329,845
Increases:
Caper Focus....................................... 6,000
Technologies Assessment........................... 4,000
Southwest Border Fence............................ 6,000
State Plans....................................... 20,000
JMIP.............................................. 8,000
P-3 FLIRS......................................... 2,700
Observation Aircraft/Aerial Recon................. 8,000
Mothership Ops.................................... 3,500
Regional Counter-Drug Training Academy............ 1,000
Decreases:
Ground Based Radars............................... 1,000
--------------------------------------------------------
____________________________________________________
Total........................................... 1,012,800
Transfers (To MILCON):
Forward Operating Locations....................... 42,800
Forward operating locations
The conferees support the proposed creation of forward
operating locations (FOLs) to replace the capability lost with
the closure of Howard Air Force Base in Panama. The conferees
understand the importance of these sites to the continuing
ability of the armed forces and law enforcement agencies to
effectively wage the war against drugs in the source and
transit zones. Therefore, the conferees recommend a transfer of
$42.8 million to the defense-wide military construction account
to make necessary modifications to existing facilities that
will house these FOLs.
Technologies assessment
The conferees understand that currently deployed
technologies such as the Relocatable Over-The-Horizon Radar
(ROTHR) system in use for counter-drug detection and monitoring
are not capable against all methods of transportation. The
conferees are concerned that a significant portion of all
cocaine smuggled through the transit zone moves by maritime
means into Central America and then over the southwest border.
Therefore, in recognition of this serious operational
shortfall, the conferees recommend $4.0 million to assess
alternative technologies to detect air, land, and maritime drug
trafficking platforms.
LEGISLATIVE PROVISIONS ADOPTED
Modification of limitation on funding assistance for procurement of
equipment for the National Guard for drug interdiction and
counter-drug activities (sec. 1021)
The Senate bill contained a provision (sec. 349) that
would amend section 112(a)(3) of title 32 United States Code,
to allow the National Guard greater flexibility in the
procurement of equipment.
The House amendment contained no similar provision.
The House recedes.
Temporary extension to certain naval aircraft of Coast Guard authority
for drug interdiction activities (sec. 1022)
The Senate bill contained a provision (sec. 1060) that
would extend to U.S. Navy aircraft on which members of the
Coast Guard are aboard, the Coast Guard authority to fire
warning and disabling shots at maritime vessels suspected of
transporting illegal narcotics and refusing to stop when
confronted. This authority is already provided to naval ships
on which members of the Coast Guard are assigned.
The House amendment contained no similar provision.
The House recedes with an amendment that would limit this
authority through September 30, 2001, and would require the
Secretary of Defense, before proceeding with the implementation
of this authority, to provide the Congress a report regarding
the Department's plans for the safe and effective execution of
this authority.
Military assistance to civil authorities to respond to act or threat of
terrorism (sec. 1023)
The Senate bill contained a provision (sec. 1067) that
would grant the Secretary of Defense the authority, during
fiscal year 2000, upon the request of the Attorney General, to
provide assistance to civil authorities in responding to an act
or threat of terrorism within the United States if certain
requirements are met.
The House amendment contained no similar provision.
The House recedes with an amendment that would extend the
authority provided to the Secretary through fiscal year 2004.
Condition on development of forward operating locations for U.S.
Southern Command counter-drug detection and monitoring flights
(sec. 1024)
The House amendment contained a provision (sec. 1022)
that would prohibit the expenditure of any funds for improving
the physical infrastructure at any proposed forward operating
location from which counter-drug flights would be conducted
until a long term agreement for use of the facilities has been
signed.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would prohibit
the expenditure of any funding above $1.5 million until such
time as a long-term agreement for use of the facilities is
signed.
Annual report on United States military activities in Colombia (sec.
1025)
The House amendment contained a provision (sec. 1023)
that would require a report detailing the number of U.S.
military personnel deployed or otherwise assigned to duty in
Colombia.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Report on use of radar systems for counter-drug detection and
monitoring (sec. 1026)
The Senate bill contained a provision (sec. 314) that
would authorize funding for certain counter-narcotics
activities including Operation Caper Focus.
The House amendment contained a provision (sec. 1021)
that would authorize funding for Operation Caper Focus and the
Wide Aperture Radar Facility.
The Senate recedes with an amendment that would require a
comparison of the effectiveness of the Wide Aperture Radar
Facility, the Tethered Aerostat Radar System, Ground Mobile
Radar, and the Relocatable Over-The-Horizon Radar in maritime,
air, and land counter-drug detection and monitoring.
Plan regarding assignment of military personnel to assist Immigration
and Naturalization Service and Customs Service (sec. 1027)
The House amendment contained a provision (sec. 1024)
that would authorize the deployment of military personnel to
border locations to assist members of the Immigration and
Naturalization Service and the U.S. Customs Service.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would instead
require the development of a plan on how to most effectively
use military personnel in such a role, and require a report on
thenumber of military personnel already performing such
assistance.
Subtitle D--Miscellaneous Report Requirements and Repeals
Preservation and repeal of certain defense reporting requirements
(secs. 1031 and 1032)
The Senate bill contained a provision (sec. 1021) that
would preserve certain reports presently required to be made to
the Congress by the President, the Secretary of Defense, and
other officials. Section 3003 of Public Law 104-66, enacted
December 21, 1995, repealed the requirements for a large number
of periodic reports to the Congress, unless legislative action
was taken prior to December 21, 1999, to preserve these
requirements.
The House amendment contained a similar provision (sec.
1036).
The Senate recedes with an amendment that would divide
the provision into two sections. The first section would
address the reports to be retained by both the House and Senate
provisions, and the second section would provide for the repeal
of certain reporting requirements not retained.
Reports on risks under National Military Strategy and combatant command
requirements (sec. 1033)
The Senate bill contained a provision (sec. 1022) that
would require the Chairman of the Joint Chiefs to submit a
report to the congressional defense committees that would
contain a consolidation of the integrated priority lists of the
requirements of the combatant commands. The report should also
contain the Chairman's views on the consolidated lists
including a discussion of what actions are being taken to meet
these requirements, and which requirements should have the
greatest priority.
The House amendment contained a provision (sec. 1034)
that would require the Chairman of the Joint Chiefs to provide
the Congress with an annual assessment of the risk associated
with performing the National Military Strategy.
The Senate recedes with an amendment that would require
the Chairman to include a risk assessment in an annual report
to Congress that would contain a consolidation of the
integrated priority lists of the requirements of the combatant
commands.
Report on lift and prepositioned support requirements to support
National Military Strategy (sec. 1034)
The House amendment contained a provision (sec. 1043)
that would require the Secretary of Defense to submit a report
to Congress describing the airlift requirements necessary to
execute the full range of missions called for under the
National Military Strategy prescribed by the Chairman of the
Joint Chiefs of Staff under the postures of force engagement
anticipated through 2015.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment that would
require results of an ongoing mobility requirements study (MRS-
05) to be used in the development of the report. In addition,
the conferees understand the Joint Chiefs of Staff are
considering whether to establish requirements for float-on/
float-off (FLO/FLO) vessels for joint service rapid deployment.
The Secretary of Defense is directed to include the following
in a report to the Congress on the mobility requirements
review: (1) the cargo, and the relative priority of cargo, that
would require FLO/FLO vessel capability; (2) the requirements
for FLO/FLO vessels to carry such cargo, including any
requirement for FLO/FLO vessels with dockwalls; and (3) an
estimate of the funding required to meet any such requirements.
The conferees agree to change the report horizon to 2005, and
require a follow-on report focusing on intra-theater lift.
Report on assessments of readiness to execute the National Military
Strategy (sec. 1035)
The Senate bill contained a provision (sec. 1023) that
would require the Secretary of Defense to submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the capability of the United States
to execute the National Military Strategy.
The House amendment contained a provision (sec. 1041)
that would require a report on the effect of continued Balkan
operations on the ability of the United States to successfully
meet other regional contingencies.
The Senate recedes with an amendment that would require
certain information to be included in the report.
Report on Rapid Assessment and Initial Detection teams (sec. 1036)
The Senate bill contained a provision (sec. 1028) that
would require the Secretary of Defense to submit to the
Congress a report, not later than 90 days after the date of the
enactment of this Act, detailing the specific procedures which
have been established among the states by which a Rapid
Assessment and Initial Detection (RAID) team would be
dispatched to an incident outside of its home base state.
The House amendment contained no similar provision.
The House recedes with an amendment that would expand the
topics to be covered by the report to include capabilities,
training exercises, command and control relationships with
other Federal, State and local organizations responsible for
responding to an incident involving a weapon of mass
destruction and measures that will be taken to maintain the
proficiency of the RAID teams.
Report on unit readiness of units considered to be assets of
Consequence Management Program Integration Office (sec. 1037)
The Senate bill contained a provision (sec. 1029) that
would require the Secretary of Defense to include within the
next Quarterly Readiness Report an annex on the readiness,
training status and future funding requirements of all active
and reserve component units that are considered assets of the
Consequence Management Program Integration Office.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Analysis of relationship between threats and budget submission for
fiscal year 2001 (sec. 1038)
The Senate bill contained a provision (sec. 1030) that
would require the Secretary of Defense, in coordination with
the Director of Central Intelligence and the Chairman of the
Joint Chiefs of Staff, to submit a report to the congressional
defense committees on the relationship between the defense
budget for fiscal year 2001 and the current and emerging
threats to the national security interests of the United
States, as identified in the President's annual national
security strategy report. The Secretary's report would be
submitted on the date the President submits the budget for
fiscal year 2001 to Congress.
The House amendment contained no similar provision.
The House recedes.
Report on NATO defense capabilities initiative (sec. 1039)
The Senate bill contained a provision (sec. 1031) that
would require the Secretary of Defense, not later than January
31 of each year beginning in 2000, to submit a report to the
Committees on Armed Services and Foreign Relations of the
Senate and the Committees on Armed Services and International
Relations of the House of Representatives on the implementation
of the Defense Capabilities Initiative by the nations of the
North Atlantic Treaty Organization (NATO).
The House amendment contained no similar provision.
The House recedes.
Report on motor vehicle violations by operators of official Army
vehicles (sec. 1040)
The Senate bill contained a provision (sec. 1032) that
would require the Secretary of the Army to review the incidence
of violations of state and local motor vehicle laws by Army
personnel using Army motor vehicles and to report the results
of the review to the Congress, not later than March 31, 2000.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Subtitle E--Information Security
Identification in budget materials of amounts for declassification
activities and limitation on expenditures for such activities
(sec. 1041)
The House amendment contained a provision (sec. 1031)
that would require the Secretary of Defense to establish a new
budgetary line item for the declassification activities of the
Department of Defense and limit expenditures for such
activities to $20,000,000 in fiscal year 2000.
The Senate bill contained no similar provision.
The Senate recedes with an amendment.
The provision would clarify the activities to be covered
by the new budgetary line item. The conferees anticipate that
the identification of declassification funding as a budgetary
line item in accordance with the requirements of this
subsection will better enable Congress in future years to
establish appropriate levels for such expenditures.
The Department has provided the conferees with the
following estimates for planned declassification expenditures
of major components of the Department under the provisions in
3.4 of Executive Order 12958 for fiscal year 2000: National
Security Agency, $10.0 million; Defense Intelligence Agency,
$1.0 million; Army, $16.0 million; Navy, $16.0 million; and Air
Force, $8.0 million.
The provision would prohibit expenditures for the
specified activities in excess of these planned levels. It is
not intended as a limitation on indirect declassification
expenditures in accounts other than those identified by the
Department and listed above. The conferees direct the
Department to report to Congress not later than 120 days after
the date of enactment of this Act on any such expenditures that
the Department expects to incur in fiscal year 2000.
The provision would prohibit the automatic
declassification of records that have not yet been reviewed for
declassification unless the Secretary certifies to Congress
that such declassification would not harm the national
security. The conferees are aware that the needless
classification of records that are no longer sensitive can
impose costs, and undermine the credibility of the
classification system. The conferees do not believe that it
would be in the national security interest of the United States
to declassify records that would otherwise remain classified,
simply because the review of those records has not yet been
completed.
The provision would require the Secretary to report to
Congress on whether the Department will be able to meet any
date established for automatic declassification of records. If
the Secretary reports that the Department will be unable to
meet any such date, the conferees expect that the
Administration would propose, and Congress would enact, a
further extension.
The conferees are concerned with reports over the last
three years of inadequate or incorrect declassification
decisions of the Department and other agencies that may have
resulted in the release of information that could harm the
national security. The conferees expect the Department to
conduct the declassification process in a careful manner which
provides adequate time to review records and make decisions
consistent with the national security interests of the United
States.
Notice to congressional committees of certain security and
counterintelligence failures within defense programs (sec.
1042)
The House amendment contained a provision (sec. 1032)
that would require notification of the congressional defense
committees of any information that indicates that classified
information relating to defense programs of the United States
may have been compromised to a foreign power.
The Senate bill contained no similar provision.
The Senate recedes with an amendment clarifying that the
notification requirement applies to security failures or the
compromise of classified information that the Secretary of
Defense considers likely to cause significant harm or damage to
the national security interests of the United States. The
amendment would also provide for the Committees on Armed
Services of the Senate and House of Representatives to take
appropriate steps to protect sensitive information received as
a result of such notifications.
Information Assurance Initiative (sec. 1043)
The Senate bill contained a provision (sec. 1047) that
would require the Department to establish: (1) an information
assurance roadmap to guide the development of appropriate
organizational structures and technologies; and (2) an
information assurance testbed to provide an integrated
organizational structure within DOD to plan and facilitate the
conduct of simulations, wargames, exercises, and experiments,
and to serve as a means by which the Department can conduct
integrated or joint exercises and experiments with civil and
commercial organizations. The provision would also authorize an
increase of $120.0 million for various information assurance
programs and activities.
The House amendment contained no similar provision.
The House recedes with an amendment that would establish
an information assurance program and an information assurance
testbed. The conferees address information assurance funding
elsewhere in this conference report.
Nondisclosure of information on personnel of overseas, sensitive, or
routinely deployable units (sec. 1044)
The Senate bill contained a provision (sec. 1052) that
would authorize the Secretary of Defense and, with respect to
the Coast Guard when it is not operating under the Navy, the
Secretary ofTransportation to withhold from disclosure to the
public the name, rank, duty address, official title, and pay
information of personnel assigned to units that are sensitive,
routinely deployable, or overseas.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Nondisclosure of certain operational files of the National Imagery and
Mapping Agency (sec. 1045)
The Senate bill contained a provision (sec. 1053) that
would authorize the Secretary of Defense to withhold from
public disclosure certain operational files of the former
National Photographic Interpretation Center of the Central
Intelligence Agency, which were transferred in 1996 to the
National Imagery and Mapping Agency (NIMA). Such files would be
protected from search, review, publication, or public
disclosure to the same extent as originally provided for under
section 701 of the National Security Act of 1947 (50 U.S.C.
431).
The House amendment contained no similar provision.
The House recedes.
Subtitle F--Memorial Objects and Commemorations
Moratorium on the return of veterans memorial objects to foreign
nations without specific authorization in law (sec. 1051)
The Senate bill contained a provision (sec. 1066) that
would prohibit the return of veterans memorial objects to
foreign nations unless specifically authorized by law.
The House amendment contained no similar provision.
The House recedes with an amendment that would place a
moratorium on returning veterans memorial objects to foreign
nations without specific authorization in law until September
30, 2001.
Program to commemorate 50th anniversary of the Korean War (sec. 1052)
The Senate bill contained a provision (sec. 1058) that
would authorize the expenditure of up to $7.0 million for the
United States of America Korean War Commemoration during fiscal
years 2000 through 2004. This limitation would be in addition
to the expenditures of any local commander to commemorate the
Korean War from funds available to that command.
The House amendment contained no similar provision.
The House recedes with an amendment that would delete the
reference to expenditures by a unit of the armed forces or
similar organization to commemorate the Korean War. The
conferees note that inclusion of such reference is unnecessary.
Commemoration of the victory of freedom in the Cold War (sec. 1053)
The Senate bill contained a provision (sec. 1086) that
would establish a commission and a medal to honor those who
served in the U.S. Armed Forces during the Cold War. The
provision would also establish November 9, 1999 as ``Victory in
the Cold War Day'' and authorize $15.0 million for the
participation of the armed forces in a celebration on that
date.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the commission to identify a date suitable for celebration of
the U.S. victory in the Cold War and make recommendations to
the Department of Defense on how to celebrate that victory. The
provision would further authorize up to $5.0 million for
military participation in such a celebration.
Subtitle G--Other Matters
Defense Science Board task force on use of television and radio as a
propaganda instrument in time of military conflict (sec. 1061)
The Senate bill contained a provision (sec. 1048) that
would require the Secretary of Defense to establish a task
force of the Defense Science Board to examine the use of radio
and television broadcasting as a propaganda instrument and the
adequacy of the capabilities of the U.S. armed forces to deal
with situations such as the conflict in the Federal Republic of
Yugoslavia. The task force would submit its report containing
its assessments to the Secretary of Defense, not later than
February 1, 2000. The Secretary would submit the report,
together with his comments and recommendations, to the
congressional defense committees, not later than March 1, 2000.
The House amendment contained no similar provision.
The House recedes.
Assessment of electromagnetic spectrum reallocation (sec. 1062)
The Senate bill contained a provision (sec. 1049) that
would require that any system licensed to operate on portions
of the frequency spectrum currently used by the Department of
Defense (DOD) be designed in such a way as to ensure that it
neither interferes with, nor receives interference from, the
military systems of the DOD that are operating in those bands.
The provision would further require that any costs associated
with the redesign of military systems for the purpose of moving
them from a frequency for use by another system, public or
private, be paid by the entity whose system or systems are
displacing the military system.
The House amendment contained no similar provision.
The House recedes with an amendment that would authorize
the surrender of frequencies where DOD currently has the
primaryassignment, only if the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff, and the Secretary of Commerce,
jointly certify to Congress that the surrender of such portions of the
spectrum will not degrade essential military capability. Alternative
frequencies, with the necessary comparable technical characteristics,
would have to be identified and made available to the DOD, if
necessary, to restore the essential military capability that will be
lost as a result of the surrender of the original spectrum. Essential
military capability is that capability provided by the use or planned
use of that portion of the spectrum, as of the date of the proposed
allocation. In addition, the provision would require that 8 MHz that
were identified for auction in the Balanced Budget Act of 1997, be
reassigned to the Federal Government for primary use by the DOD. The
conferees urge the Secretary of Defense to share such frequencies with
state and local government public safety radio services, to the extent
that such sharing will not result in harmful interference between the
DOD systems and the public safety systems proposed for operation on
those frequencies. This provision would not otherwise change the
requirement for the Federal Communications Commission to auction the
remaining frequencies that were identified for reallocation pursuant to
the Omnibus Budget Reconciliation Act of 1993 or the Balanced Budget
Act of 1997.
The provision would further provide for an interagency
review, and assessment and report to Congress and the President
on the progress made in implementation of national spectrum
planning, the reallocation of Federal Government spectrum to
non-Federal use, and the implications of such reallocations to
the affected federal agencies, which would include the effects
of the reallocation on critical military and intelligence
capabilities, civil space programs, and other Federal
Government systems used to protect public safety.
Extension and reauthorization of Defense Production Act of 1950 (sec.
1063)
The Senate bill contained a provision (sec. 1059) that
would reauthorize the Defense Production Act of 1950 for a
period of one year.
The House amendment contained no similar provision.
The House recedes.
Performance of threat and risk assessments (sec. 1064)
The House amendment contained a provision (sec. 1046)
that would amend the Defense Against Weapons of Mass
Destruction Act of 1998 to require that any assistance provided
to Federal, State, and local agencies under section 1402 of
that Act include the performance by the Department of Justice
of assessments of the threat and risk of terrorist use of
weapons of mass destruction against cities and localities. The
amendment would also require the Attorney General to conduct a
pilot test of any proposed method or model by which such
assessments are to be performed.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would delete
the pilot test requirement.
Chemical agents used for defensive training (sec. 1065)
The Senate bill contained a provision (sec. 1084) that
would provide authority for the Secretary of Defense to
transfer to the Attorney General quantities of lethal chemical
agents to support training of emergency first-response
personnel and require a report to Congress annually on such
transfers.
The House amendment contained a provision (sec. 1039)
that would provide authority for the Secretary of Defense to
transfer to the Attorney General quantities of lethal chemical
agents to support training at the Chemical Defense Training
Facility at the Center for Domestic Preparedness in Fort
McClellan, Alabama and to report, in consultation with the
Attorney General and the Administrator of the Environmental
Protection Agency, to Congress annually on such transfers.
The House recedes.
Technical and clerical amendments (sec. 1066)
The Senate bill contained a provision (sec. 520) that
would make a technical correction to section 1370(d)(1) of
title 10, United States Code.
The House amendment contained a provision (sec. 1037)
that would make various technical and clerical amendments to
existing law.
The Senate recedes with a technical amendment.
Amendments to reflect name change of Committee on National Security of
the House of Representatives to Committee on Armed Services
(sec. 1067)
The conference agreement includes a provision that would
amend certain provisions of existing law to reflect the change
in the name of the Defense Authorization Committee of the House
of Representatives from ``Committee on National Security'' to
``Committee on Armed Services.''
legislative provisions not adopted
Authority for payment of settlement claims
The Senate bill contained a provision (sec. 350) that
would authorize the Secretary of Defense to make payments for
the settlement of claims arising from the deaths caused by the
accident involving a United States Marine Corps EA-6B aircraft
on February 3, 1998 near Cavalese, Italy.
The House amendment contained no similar provision.
The Senate recedes.
Consolidation of various Department of the Navy trust and gift funds
The House bill contained a provision (sec. 1005) that
would amend certain sections of title 10, United States Code,
to allow consolidation of five Department of the Navy gift and
trust funds into two funds, in order to manage the funds more
efficiently and reduce administrative costs.
The Senate amendment contained no similar provision.
The House recedes.
Military Voting Rights Act of 1999
The Senate bill contained three provisions (sec. 1301-
1303) that would establish a short title of ``Military Voting
Rights Act of 1999,'' amend the Soldiers' and Sailors' Civil
Relief Act of 1940 to preclude a military member from losing a
claim to state residency for the purpose of voting in federal
and state elections because of absence due to military orders,
and amend the Uniformed and Overseas Citizens Absentee Voting
Act to require each state to permit absent military voters to
use absentee registration procedures and to vote by absentee
ballot in elections for state and local offices, in addition to
federal offices, as provided in current law.
The House amendment contained no similar provision.
The Senate recedes.
Nondisclosure of information of the National Imagery and Mapping Agency
having commercial significance
The Senate bill contained a provision (sec. 1054) that
would authorize the Secretary of Defense to withhold from
public disclosure information in the possession of the National
Imagery and Mapping Agency, if the Secretary determines, in
writing, that public disclosure of the information would
compete with, or otherwise adversely affect, commercial
operations in any existing or emerging industry, or the
operation of any existing or emerging commercial market, and
that withholding the information from disclosure is consistent
with the national security interests of the United States.
The House amendment contained no similar provision.
The Senate recedes.
Offshore entities interfering with Department of Defense use of the
frequency spectrum
The Senate bill contained a provision (sec. 1050) that
would prohibit the issuance of any license or permit, or the
award of any federal contract to any company that illegally
broadcasts, or whose subsidiaries illegally broadcast, signals
into the United States on frequencies used by the Department of
Defense.
The House amendment contained no similar provision.
The Senate recedes.
Repeal of requirement for two-year budget cycle for the Department of
Defense
The House amendment contained a provision (sec. 1004)
that would repeal the requirement for the Department of Defense
to submit a detailed two-year budget in the first session of
each Congress.
The Senate bill contained no similar provision.
The House recedes.
Sense of the Senate on negotiations with indicted war criminals
The Senate bill contained a provision (sec. 1078) that
would express the sense of the Senate that the United States
should not negotiate with Slobodan Milosevic or any other
indicted war criminal with respect to reaching an end to the
conflict in the Federal Republic of Yugoslavia.
The House amendment contained no similar provision.
The Senate recedes. The conferees note that an agreement
to end the fighting in the Federal Republic of Yugoslavia was
reached on June 9, 1999, therefore this legislation is no
longer necessary. However, the conferees agree with the policy
expressed in the provision contained in the Senate bill and
expect that the United States will not negotiate with Slobodan
Milosevic or any other indicted war criminal regarding any
future agreements that might be necessary with the Federal
Republic of Yugoslavia.
Sense of the Senate regarding settlement of claims of American
servicemen's family regarding deaths resulting from the
accident off the coast of Namibia on September 13, 1997
The Senate bill contained a provision (sec. 351) that
would express the sense of the Senate that the government of
Germany should promptly settle with the families of members of
the United States Air Force killed in a collision between a
United States Air Force C-141 and a German Luftwaffe Tupelov
TU-154M off the coast of Namibia on September 13, 1997 and that
the United States should not make any payments to citizens of
Germany as settlement of claims arising from the accident
involving a United States Marine Corps EA-6B aircraft on
February 3, 1998 near Cavalese, Italy until a comparable
settlement is reached with respect to the Namibia collision.
The House amendment contained no similar provision.
The Senate recedes.
Title XI--Department of Defense Civilian Personnel
LEGISLATIVE PROVISIONS ADOPTED
Accelerated implementation of voluntary early retirement authority
(sec. 1101)
The Senate bill contained a provision (sec. 1101) that
would amend section 1109(d) of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 by changing the
effective date from October 1, 2000 to October 1, 1999, for
modifications to voluntary early retirement authority for
civilian employees of the Department of Defense.
The House amendment contained no similar provision.
The House recedes.
Increase of pay cap for nonappropriated fund senior executive employees
(sec. 1102)
The House amendment contained a provision (sec. 1101)
that would authorize the Secretary of Defense and the
secretaries of the military departments to establish the pay of
Senior Executive Service (SES) nonappropriated fund employees
at the same level as that of appropriated fund SES employees.
The Senate bill contained no similar provision.
The Senate recedes.
Restoration of leave of emergency essential employees serving in a
combat zone (sec. 1103)
The Senate bill contained a provision (sec. 1103) that
would define a Department of Defense emergency essential
employee and provide for automatic restoration of any excess
annual leave that the employee would lose because of service in
a combat zone.
The House amendment contained a provision (sec. 1102)
that would restore excess annual leave lost by certain
Department of Defense employees deployed in support of the
armed forces during hostilities and would provide an exception
to those limits in recognition of the increased support
provided our deployed forces by Department of Defense civilian
employees.
The House recedes.
Extension of certain temporary authorities to provide benefits for
employees in connection with defense work-force reductions and
restructuring (sec. 1104)
The Senate bill contained a provision (sec. 1107) that
wouldextend the expiration date of three temporary civilian
personnel management authorities. The expiration date for the authority
to pay severance pay in a lump-sum would be extended from October 1,
1999 to October 1, 2003. The expiration date for authority to offer
civilian employees a voluntary separation incentive would be extended
from September 30, 2001 to September 30, 2003. The expiration date for
authority to offer continued coverage under the Federal Employees
Health Benefit program would be extended from October 1, 1999 to
October 1, 2003 or February 1, 2004, if specific notice of such
separation is given to the individual before October 1, 2003.
The House amendment contained a provision (sec. 1105)
that would extend the expiration date for authority to offer
continued coverage under the Federal Employees Health Benefit
program from October 1, 1999 to October 1, 2003 or February 1,
2004, if specific notice of such separation is given to the
individual before October 1, 2003.
The House recedes.
Leave without loss of benefits for military reserve technicians on
active duty in support of combat operations (sec. 1105)
The Senate bill contained a provision (sec. 1104) that
would amend section 6323(d)(1) of title 5, United States Code,
so that leave protections would apply when dual-status military
technicians participate on active duty in combat, as well as
noncombat, operations outside the United States, its
territories, and possessions.
The House amendment contained no similar provision.
The House recedes.
Expansion of Guard-and-Reserve purposes for which leave under section
6323 of title 5, United States Code, may be used (sec. 1106)
The House amendment contained a provision (sec. 1103)
that would expand the permitted uses of military leave by
members of the reserve components who are also federal civilian
employees and would allow them the flexibility to use this
leave within the current 15 day annual ceiling to enhance the
military readiness of their reserve units.
The Senate bill contained no similar provision.
The Senate recedes.
Work schedules and premium pay of service academy faculty (sec. 1107)
The Senate bill contained a provision (sec. 1105) that
would amend sections 4338, 6952, and 9338 of title 10, United
States Code, concerning the employment and compensation of the
civilian faculties at the U.S. Military Academy, the Naval
Academy, and the Air Force Academy to exclude the civilian
faculty from the provisions in subchapter V, chapter 55 of
title 5, United States Code, concerning premium pay, and the
provisions in chapter 61 of title 5, United States Code,
concerning hours of work. The provision would provide service
secretaries with the flexibility necessary to establish
reasonable work requirements for the civilian faculty, similar
to the requirements for faculty members at other colleges and
universities. It would not eliminate requirements to comply
with other law, such as the Fair Labor Standards Act.
The House amendment contained no similar provision.
The House recedes.
Salary schedules and related benefits for faculty and staff of the
Uniformed Services University of the Health Sciences (sec.
1108)
The Senate bill contained a provision (sec. 1106) that
would clarify the authority of the Secretary of Defense to
prescribe pay schedules for civilians employed as faculty and
staff of the Uniformed Services University of the Health
Sciences.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Exemption of defense laboratory personnel from workforce management
restrictions (sec. 1109)
The Senate bill contained a provision (sec. 237) that
would exempt the defense laboratories from management by end
strength and arbitrary supervisory ratios or caps on high-grade
employees, and would provide laboratories with direct hiring
authority.
The House amendment contained no similar provision.
The House recedes with an amendment that would delete the
prohibition on management by end strength. The conference
amendment would exempt the defense laboratories from any
supervisory rations or caps on high-grade employees, and would
provide the laboratories with direct hiring authority to enable
them to compete in hiring processes to obtain the finest
scientific talent available.
LEGISLATIVE PROVISIONS NOT ADOPTED
Deference to EEOC procedures for investigation of complaints of sexual
harassment made by employees
The Senate bill contained a provision (sec. 1102) that
would amend section 1561 of title 10, United States Code, by
limiting its applicability to complaints of sexual harassment
made to a commanding officer by a member of the Army, Navy, Air
Force, or Marine Corps under his command.
The House amendment contained no similar provision.
The Senate recedes.
Temporary authority to provide early retirement and separation
incentives for certain civilian employees
The House amendment contained a provision (sec. 1104)
that would require the Secretary of Defense to designate a
military base at which early retirement and separation
incentives would be offered, during the period October 1, 1999
through October 1, 2000, to certain civilian employees to
encourage voluntary separations.
The Senate bill contained no similar provision.
The House recedes.
Title XII--Matters Relating to Other Nations
LEGISLATIVE PROVISIONS ADOPTED
Subtitle A--Matters Relating to the People's Republic of China
Limitation on military-to-military exchanges and contacts with Chinese
People's Liberation Army (sec. 1201)
The Senate bill contained a provision (sec. 1034)
requiring the Secretary of Defense to submit a detailed report
by March 31, 2000 on military-to-military contacts with the
People's Republic of China since January 1, 1993.
The House amendment contained a provision (sec. 1203)
that would prohibit the Secretary of Defense from authorizing
any military-to-military exchange or contact by the U.S. armed
forces with the Peoples' Liberation Army that would involve a
series of operations and activities; require the Secretary of
Defense to certify to the Committees on Armed Services of the
Senate and the House of Representatives by December 31 of each
year as to whether or not there were any violations of the
prohibition and to report by June 1 of each year providing an
assessment of the current state of such military-to-military
contacts.
The Senate recedes with an amendment that would establish
``national security risk'' as the criterion to be applied by
the Secretary of Defense in assessing the appropriateness of
military-to-military contacts with the People's Liberation Army
and merge the one-time Senate reporting requirement with the
House provision.
Annual report on military power of the People's Republic of China (sec.
1202)
The House amendment contained a provision (sec. 1209)
that would require the Secretary of Defense to prepare an
annual report, in both classified and unclassified form, on the
current and future military strategy and capabilities of the
People's Republic of China.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would add the
security situation in the Taiwan Strait as an additional matter
to be included in the annual report.
Subtitle B--Matters Relating to the Balkans
Department of Defense report on the conduct of Operation Allied Force
and associated relief operations (sec. 1211)
On March 24, 1999, the North Atlantic Treaty Organization
(NATO) initiated the first large-scale, offensive military
operation in its 50-year history with air strikes against
targets in the Federal Republic of Yugoslavia (FRY). This NATO
air campaign, Operation Allied Force, ended on June 10, 1999,
following the signing of the Military Technical Agreement by
representatives of the FRY and confirmation by NATO that the
withdrawal of Serb forces from Kosovo had begun.
The lessons learned during this 78-day military operation
could have far-reaching implications for U.S. military
strategy, doctrine, and force planning for years to come. The
conferees believe that the Congress must have detailed
information and analysis concerning Operation Allied Force in
order to apply the lessons learned from that military campaign
to future defense funding and policy decisions. Therefore, the
conferees have included a provision that would require the
Secretary of Defense to submit a comprehensive report to the
congressional defense committees by January 31, 2000, on the
conduct of NATO's military operations against the FRY and
associated relief operations in the Balkan theater of
operations. A preliminary report on the conduct of those
operations would be submitted by October 15, 1999.
Sense of Congress regarding the need for vigorous prosecution of war
crimes, genocide, and crimes against humanity in the former
Republic of Yugoslavia (sec. 1212)
The Senate bill contained a provision (sec. 1061) that
would express the sense of Congress that the United States and
other nations should provide sufficient resources for an
expeditious and thorough investigation of allegations of war
crimes committed in Kosovo and elsewhere in the former Republic
of Yugoslavia; that the United States, through its intelligence
services, should provide all possible cooperation in gathering
evidence to secure the indictment of those responsible for the
commission of war crimes, crimes against humanity, and genocide
in the former Yugoslavia; that where the evidence warrants,
indictments for war crimes should be issued against suspects
regardless of their position within the Serbian leadership;
that the United States and all nations have an obligation to
honor arrest warrants issued by the International Criminal
Tribunal for the formerYugoslavia, and should use all
appropriate means to apprehend war criminals already under indictment;
and that NATO should not accept any diplomatic resolution of the
conflict in Kosovo that would bar the indictment, apprehension or
prosecution of war criminals for crimes committed during operations in
Kosovo.
The House amendment contained a provision (sec. 1207)
that would outline the goals of the United States for the
conflict with the Federal Republic of Yugoslavia, including two
goals related to war crimes. Concerning war crimes, the
provision would declare that President Milosevic be held
accountable for his actions as President that have resulted in
the deaths of tens of thousands of people and responsibility
for murder, rape, terrorism, destruction, and ethnic cleansing;
and that individuals in the Federal Republic of Yugoslavia who
are guilty of war crimes in Kosovo should be brought to justice
through the International Criminal Tribunal for the former
Yugoslavia.
The House recedes with clarifying amendments, and with
additions to the findings that incorporate the two goals
related to war crimes contained in section 1207 of the House
amendment.
Subtitle C--Matters Relating to NATO and Other Allies
Legal effect of the new Strategic Concept of NATO (sec. 1221)
The Senate bill contained a provision (sec. 1063) that
would require the President to determine and certify to the
Senate whether or not the new Strategic Concept of the North
Atlantic Treaty Organization (NATO) imposes any new commitments
or obligations on the United States. In addition, the provision
would express the sense of the Senate that, if the President
certifies that the new Strategic Concept imposes any new
commitments or obligations on the United States, the President
should submit the new Strategic Concept to the Senate as a
treaty for the Senate's advice and consent. Finally, the
provision requires the President to submit a report to the
Senate containing an analysis of the potential threats facing
NATO in the first decade of the next millennium, particularly
those threats which would be beyond the borders of NATO member
nations.
The House amendment contained no similar provision.
The House recedes with an amendment requiring the
certification and report to be provided to the Congress, and
changing the sense of the Senate to the sense of the Congress.
Report on allied capabilities to contribute to major theater wars (sec.
1222)
The House amendment contained a provision (sec. 1204)
that would require the Secretary of Defense to prepare a
report, in both classified and unclassified form, on the
current military capabilities of our allies to contribute to
the successful conduct of major theater wars as anticipated in
the Quadrennial Defense Review of 1997. The report would
include an assessment of the risks to the successful execution
of the national military strategy related to the capabilities
of allied armed forces.
The Senate bill contained no similar provision.
The Senate recedes.
Attendance at professional military education schools by military
personnel of the new member nations of NATO (sec. 1223)
The Senate bill contained a provision (sec. 1081) that
would require the secretaries of the military departments to
give due consideration to according a high priority to the
attendance of military personnel of Poland, Hungary, and the
Czech Republic at professional military education schools and
training programs in the United States.
The House amendment contained no similar provision.
The House recedes.
Subtitle D--Other Matters
Multinational economic embargoes against governments in armed conflict
with the United States (sec. 1231)
The Senate bill contained a provision (sec. 1064) that
would make it the policy of the United States that upon the use
of the Armed Forces of the United States to engage in
hostilities against any foreign country, the President shall
seek the establishment of a multinational economic embargo
against such country and seek the seizure of its foreign
financial assets.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Limitation on deployment of Armed Forces in Haiti during fiscal year
2000 and congressional notice of deployments to Haiti (sec.
1232)
The House amendment contained a provision (sec. 1206)
that would prohibit the expenditure of funds for the deployment
of U.S. Armed Forces in Haiti except for: (a) deployment
pursuant to Operation Uphold Democracy until December 31, 1999;
(2) periodic, noncontinuous theater engagement activities on or
after January 1, 2000; and (3) deployment for a limited,
customary presence necessary for the security of U.S.
diplomatic facilities in Haiti and to carry out defense liaison
activities. The provision would require the President to report
to Congress within 48 hours after a deployment for periodic,
noncontinuous theater engagement activities on or after January
1, 2000. Finally, the provision would contain a rule of
construction stating that nothing in the provision shall be
construed to restrict the President's authority in emergency
circumstances to protect the lives of U.S. citizens or
facilities or property in Haiti.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would limit
theprohibition on the expenditure of funds to the continuous deployment
of U.S. Armed Forces in Haiti pursuant to Operation Uphold Democracy
subsequent to May 31, 2000, and would require the President to report
to Congress within 96 hours after a deployment to Haiti subsequent to
May 31, 2000.
Report on the security situation on the Korean peninsula (sec. 1233)
The House amendment contained a provision (sec. 1208)
that would require the Secretary of Defense to submit to the
appropriate congressional committees a report on the security
situation on the Korean peninsula.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would change
the date that the report is due from February 1, 2000 to April
1, 2000.
Sense of Congress regarding the continuation of sanctions against Libya
(sec. 1234)
The Senate bill contained a provision (sec. 1068) that
would make it the Sense of the Congress that the President
should use all diplomatic means necessary, including the use of
the United States veto at the United Nations Security Council,
to prevent the Security Council from lifting sanctions against
Libya until Libya fulfills all of the conditions set forth in
United Nations Security Council Resolutions 731, 748, and 883.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Sense of Congress and report on disengaging from noncritical overseas
missions involving United States combat forces (sec. 1235)
The Senate bill contained a provision (sec. 1077) that
would require the President to submit a report to the
Committees on Armed Services and Appropriations of the Senate
and the House of Representatives prioritizing the ongoing
global missions to which the United States is contributing
troops. The report would include a feasibility analysis of how
the United States can shift resources from low priority
missions in support of higher priority missions; consolidate or
reduce U.S. troops commitments worldwide; and end low priority
missions.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
LEGISLATIVE PROVISIONS NOT ADOPTED
Annual reports on security in the Taiwan Strait
The Senate bill contained a provision (sec. 1075) that
would require the Secretary of Defense to submit to the
appropriate congressional committees an annual report, in both
classified and unclassified form, detailing the security
situation in the Taiwan Strait.
The House amendment contained no similar provision.
The Senate recedes.
The conferees agree to include this reporting requirement
within the reporting requirement contained in section 1202 of
this Act.
Goals for the conflict with the Federal Republic of Yugoslavia
The House amendment contained a provision (sec. 1207)
that would declare the goals of the United States for the
conflict with the Federal Republic of Yugoslavia to be: a
cessation of all military action by the Federal Republic of
Yugoslavia (FRY) against the people of Kosovo; the withdrawal
of all FRY forces from Kosovo; an agreement by the FRY
government to the stationing of an international military
presence in Kosovo, to the safe return to Kosovo of all
refugees, to the unhindered access by humanitarian aid
organizations to the refugees, and to work for a political
framework agreement for Kosovo that is in conformity with
international law; that President Milosevic will be held
accountable for his actions; and that individuals in the FRY
who are guilty of war crimes in Kosovo will be brought to
justice through the International Criminal Tribunal for the
former Yugoslavia.
The Senate bill contained no similar provision.
The House recedes. The conferees note that many of the
goals contained in the provision in the House amendment have
been achieved by a combination of the Serb Parliament's
adoption on June 3, 1999, of the principles adopted by the
Group of Eight (G-8) Foreign Ministers on May 6, 1999, the
signing of the Military Technical Agreement on June 9, 1999,
and subsequent actions in Kosovo. The remaining goals regarding
President Milosevic and war criminals have been incorporated
into another provision. Therefore, the conferees believe that
this provision is no longer necessary.
Title XIII--Cooperative Threat Reduction With States of the Former
Soviet Union
LEGISLATIVE PROVISIONS ADOPTED
Cooperative Threat Reduction (CTR) program (secs. 1301-1312)
The budget request included $475.5 million for the
Cooperative Threat Reduction (CTR) program.
The Senate bill would authorize the budget request,
andcontained provisions (secs. 1044, 1045, and 1085) that would:
require the President to recertify the eligibility of recipient
countries for CTR assistance; adjust the deadline for submission of the
annual report on accounting for CTR assistance; and require the
inclusion in that report of information relating to Russia's arsenal of
tactical nuclear weapons.
The House amendment would authorize $444.1 million for
the CTR program for fiscal year 2000, a $31.4 million decrease
to the budget request and contained provisions (secs. 1301-
1309) that would: allocate fiscal year 2000 funding for various
CTR programs and activities; limit the availability of CTR
funds; prohibit the use of funds for specific activities;
prohibit the use of funds for a chemical weapons destruction
facility in Russia and reallocate a portion of these funds to
security enhancements at Russia's chemical weapons storage
sites; increase funding for strategic offensive elimination
projects in Russia and Ukraine and for security enhancements at
Russia's nuclear weapons storage sites; limit CTR funding for a
fissile material storage facility and for biological weapons
proliferation prevention activities in Russia until various
reports, notifications, and certifications are received by
Congress; and require a report on the Expanded Threat Reduction
Initiative.
The conferees agree to a series of provisions that would
authorize the budget request of $475.5 million for the CTR
program to include $177.3 million for strategic offensive arms
elimination in Russia, $41.8 million for strategic nuclear arms
elimination in Ukraine, $9.3 million for activities to support
warhead dismantlement processing in Russia, $20.0 million for
security enhancements at chemical weapons storage sites in
Russia, $15.2 million for weapons transportation security in
Russia, $64.5 million for planning, design, and construction of
a storage facility for Russian fissile material, $99.0 million
for weapons storage security in Russia, $32.2 million for
development of a cooperative program with the Government of
Russia to eliminate the production of weapons-grade plutonium
at Russian reactors, $12.0 million for biological weapons
proliferation prevention activities in Russia, $1.8 million for
activities designated as other assessments and administrative
support, and $2.3 million for military to military contacts.
The conferees also agree to limit the availability of CTR
funds, establish sublimits for CTR activities, and provide the
Secretary of Defense limited authority to exceed these
sublimits for fiscal year 2000, pending appropriate
Congressional notification.
In addition, the conferees agree to make permanent the
long-standing prohibition on the use of CTR funds for:
peacekeeping activities with Russia; the provision of housing;
environmental restoration assistance; job retraining; and
defense conversion activities. The conferees also agree to a
prohibition on the use of fiscal year 2000 CTR funds for the
elimination of conventional weapons and delivery vehicles
primarily intended to deliver these weapons. The conferees
believe that the CTR program should remain focused on
eliminating the threat posed by weapons of mass destruction and
their delivery vehicles in the former Soviet Union. This
provision would not restrict or otherwise prohibit the
destruction of delivery vehicles that are primarily intended
for delivery of weapons of mass destruction.
The conferees are troubled by the fact that the United
States is increasingly absorbing a greater share of the costs
of the CTR program as a result of Russia's economic
difficulties and are concerned that the Department of Defense
is agreeing to offset Russia's financial obligations. The
conferees believe that the Department should notify the
Congress whenever the United States is confronted with a
request or decision to absorb an additional share of CTR
funding that Russia has indicated it cannot provide.
The conferees agree to include a provision that would
prohibit fiscal year 2000 funds, as well as funding for future
years, from being used for the planning, design, or
construction of a chemical weapons destruction facility in
Shchuch'ye, Russia. The conferees agree to take this action
this year in light of significant cost, schedule, and other
concerns highlighted in a recent General Accounting Office
(GAO) report. The GAO report concluded that this project will
cost more, take longer, and achieve less national security
benefit for the United States than originally anticipated. The
conferees are also troubled by Russia's apparent inability to
fund adequately the necessary infrastructure costs that are
associated with this chemical weapons destruction effort. The
conferees recognize the proliferation and other risks
associated with Russia's massive stockpile of chemical
munitions. The conferees believe, however, that the more
immediate goals of U.S. nonproliferation policy will be better
served in the near term by redirecting CTR resources away from
the costly, long-term Shchuch'ye project and toward helping to
ensure that Russian chemical weapons are effectively
safeguarded against the risk of theft or diversion. For this
reason, the conferees have provided funds to initiate enhanced
security measures at Russia's chemical weapons storage sites.
The conferees also agree to prohibit the obligation or
expenditure of fiscal year 1999 CTR funds remaining available
for obligation until the President re-certifies the eligibility
of the recipient countries for CTR assistance.
In light of concerns over nuclear
transparencyarrangements, the conferees also agree to condition future
funding for the second wing of a fissile material storage facility in
Russia on several certifications and the negotiation of a signed
transparency agreement with Russia that ensures that material stored at
the facility has been removed from dismantled nuclear weapons.
Finally, the conferees agree to limit the use of fiscal
year 2000 CTR funds pending the submission to Congress by the
Secretary of Defense of a report on executive agency
responsibilities for executing CTR programs and an updated
multiyear CTR program plan. The conferees also require the
submission to Congress of various other reports dealing with:
individual CTR projects and how those projects are prioritized
within the Department of Defense; international financial
contributions to the CTR program; related tactical nuclear
weapons issues; and the Expanded Threat Reduction Initiative.
Title XIV--Proliferation and Export Controls
legislative provisions adopted
Adherence of People's Republic of China to Missile Technology Control
Regime (sec. 1401)
The Senate bill contained a provision (sec. 1073) that
expressed the sense of Congress that the President should take
all actions appropriate to obtain a bilateral agreement with
the People's Republic of China (PRC) to adhere to the Missile
Technology Control Regime (MTCR) and annex and that the PRC
should not be permitted to join the MTCR without having
demonstrated a sustained and verified commitment to the non-
proliferation of missiles and missile technology.
The House amendment contained a provision (sec. 1401)
that would require a report on compliance by the PRC and other
countries with the MTCR.
The House recedes with an amendment that would merge the
Senate and House provisions.
Annual report on transfers of militarily sensitive technology to
countries and entities of concern (sec. 1402)
The House bill contained several provisions (sec. 1402,
1410, 1412, 1414) that would establish reporting requirements
relative to the transfer of militarily sensitive technology to
the Peoples' Republic of China and other countries of concern.
The Senate bill contained a related reporting requirement
(sec. 1072(c)).
The Senate recedes with an amendment that would
consolidate the reporting requirements into a single section.
The consolidated section would require an annual report on
transfers of the most significant categories of U.S. technology
and technical information with potential military applications
to countries and entities of concern. Countries and entities of
concern are defined to include China, Russia, terrorist states,
entities directed and controlled by any of these countries, and
entities engaged in international terrorism.
Subsection (c) of the provision would require an
assessment by designated agency Inspectors General of the
adequacy of current export controls and counterintelligence
measures to protect against the acquisition by countries and
entities of concern of U.S. technology and technical
information with potential military applications. The conferees
note that the Inspectors General recently completed a
comprehensive report on the adequacy of export controls. The
conferees expect that, rather than repeating this work, the
Inspectors General will focus on the adequacy of
counterintelligence measures in this context.
Resources for export license functions (sec. 1403)
The House amendment contained a provision (sec. 1403)
that would require a report on implementation of the transfer
of satellite export control authority to the State Department
and a provision (sec. 1413) that would require that adequate
resources be allocated to the Office of Defense Trade Controls
at the State Department and the Defense Threat Reduction Agency
at the Department of Defense for their respective export
licensing functions.
The Senate bill contained no similar provisions.
The Senate recedes with an amendment that would merge the
two provisions and modify the reporting requirement.
Security in connection with satellite export licensing (sec. 1404)
The House bill contained a provision (sec. 1404) that
would require the Secretary of State to take a number of steps
to provide enhanced security in connection with the launch of
satellites outside the jurisdiction of the United States. The
provision would also establish several requirements regarding
Department of Defense launch monitors.
The Senate bill contained no similar provision on
security in connection with satellite launches.
The Senate recedes with an amendment that would clarify
that the provision does not expand the requirement for a
technology transfer control plan in section 1514(a)(1) of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999, to launches in any country not already subject to
such section. The amendment also provides that individuals
providing security for overseas launches need not be employed
by the Department of Defense, but must report directly to a
launch monitor employed by the Department with regard to all
issues relevant to the technology transfer control plan.
The requirements for launch monitors in the House and
Senate bills were combined and addressed elsewhere in the Act.
Reporting of technology transmitted to People's Republic of China and
of foreign launch security violations. (sec. 1405)
The House amendment contained a provision (sec. 1405)
that would require space launch monitors of the Department of
Defense to maintain records of all information authorized to be
transmitted to the People's Republic of China in connection
with space launches that they are responsible for monitoring.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Report on national security implications of exporting high-performance
computers to the People's Republic of China (sec. 1406)
The House amendment contained a provision (sec. 1406)
that would require an annual report on the national security
implications of exporting high-performance computers to the
People's Republic of China. The provision would also require
empirical testing of the extent to which national security-
related operations can be performed using clustered, massively-
parallel processing or other combinations of computers.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would: (1)
require empirical testing only to the extent that such testing
has not already been done; and (2) sunset the reporting
requirement after five years.
End-use verification for use by People's Republic of China of high-
performance computers (sec. 1407)
The House amendment contained a provision (sec. 1407)
that would direct the President to seek to enter into an
agreement with the People's Republic of China to provide for an
open and transparent system, including at a minimum on-site
inspection without notice by U.S. nationals designated by the
U.S. government, for effective end-use verification of high-
performance computers exported or to be exported to China.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would delete
the requirement for on-site inspection without notice by U.S.
nationals designated by the U.S. government. Such inspection
methods should be a goal of the negotiations, but the conferees
recognize that this goal may not be possible to achieve.
Enhanced multilateral export controls (sec. 1408)
The House amendment contained a provision (sec. 1411)
that would require the President to work to establish binding
new international controls on technology transfers that
threaten international peace and U.S. national security and
would create an Office of Technology Security within the
Department of Defense.
The Senate had no similar provision.
The Senate recedes with an amendment that would clarify
the negotiating objective and delete the requirement to create
an Office of Technology Security within the Department of
Defense.
Enhancement of activities of Defense Threat Reduction Agency (sec.
1409)
The Senate bill contained a provision (sec. 1070) that
would require the Secretary of Defense to prescribe regulations
to: (1) enhance the authority of, and establish appropriate
qualifications for, the Defense Threat Reduction Agency (DTRA)
personnel who monitor satellite launch campaigns overseas; (2)
allocate funds to DTRA to prevent shortfalls in the number of
launch monitors; (3) establish a reimbursement mechanism for
payment of costs related to monitoring of launch campaigns; (4)
improve guidelines on the scope of permissible discussions with
foreign persons regarding technology; (5) provide annual
briefings to U.S. commercial satellite industry personnel on
export license standards; and (6) establish a records
management and preservation system for reports prepared in
connection with the monitoring of launch campaigns.
The House amendment contained a provision (sec. 1404)
that would require the Secretary to: (1) ensure that launch
monitors have sufficient training; (2) ensure that an adequate
number of monitors are assigned to each space launch; (3) take
steps to provide for the continuity of service by monitors for
the entire launch campaign; and (4) take measures to make
service as a monitor an attractive career opportunity. The
House provision would also require the Secretary of State to
ensure that an appropriate technology transfer control plan and
security arrangements are in place as a condition of the export
license for the launch of a U.S. satellite outside the United
States.
The House recedes with an amendment that would merge the
Senate provision with the House provision addressing
requirements for launch monitors. The House provision on launch
security is addressed elsewhere in this Act.
Timely notification of licensing decisions by the Department of State
(sec. 1410)
The Senate bill contained a provision (sec. 1071) that
would require the Secretary of State to provide timely notice
to the manufacturer of a commercial satellite of U.S. origin of
the decision on an application for a license involving the
overseas launch of such satellite.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Enhanced intelligence consultation on satellite license applications
(sec. 1411)
The Senate bill contained a provision (sec. 1072) that
would allow for enhanced participation by the intelligence
community in the review of applications for a license involving
the overseas launch of a commercial satellite of U.S. origin.
The House amendment contained no similar provision.
The House recedes with an amendment that would clarify
the role of the intelligence advisory group. The conferees
direct that the appropriate committees for the receipt of the
reports requested in the provision are the Senate Armed
Services Committee, the House Armed Services Committee, the
Senate Select Committee on Intelligence, the House Permanent
Select Committee on Intelligence, the Senate Foreign Relations
Committee, and the House International Relations Committee.
Investigations of violations of export controls by United States
satellite manufacturers (sec. 1412)
The Senate bill contained a provision (sec. 1069) that
would require the President to notify Congress whenever an
investigation is undertaken of an alleged violation of U.S.
export control laws in connection with a commercial satellite
of U.S. origin. The provision would also require notice of an
export waiver granted on behalf of such a person, and would
express the sense of Congress that an application for the
export of a commercial satellite should include a notice of any
such investigation. The provision contained an exception for
cases in which the President determines that notification of
Congress would jeopardize an on-going criminal investigation.
The House amendment contained no similar provision.
The House recedes with an amendment that would make a
number of modifications.
First, the conference amendment would limit the
notification requirement to investigations that are undertaken
by the Department of Justice. The conferees recognize that
there are numerous entities both within the Department of
Justice and outside the Department of Justice that may perform
preliminary inquiries into alleged violations of the type
covered by this section. The conferees understand that any
covered violations that may be identified as a result of such
preliminary inquiries are referred to the Department of
Justice, and that the notification requirements of this
provision would be triggered at that time.
Second, the conference amendment would clarify that
notification should be made to the appropriate committees of
Congress, and that these committees have an obligation to
ensure that appropriate procedures are in place to protect from
unauthorized disclosure classified information, information
relating to intelligence sources and methods, and sensitive law
enforcement information that is furnished to the committees.
The conferees recognize that in the absence of such procedures,
any notification of the committees could jeopardize the
national security or the investigation and prosecution of
criminal activities.
Third, the conference amendment would require the
President to notify Congress of either: (1) an alleged
violation of the export control laws in connection with a
commercial satellite; or (2) an alleged violation of the export
control laws in connection with an item controlled under the
munitions list maintained by the Department of State, if that
violation is likely to cause significant harm or damage to the
national security interests of the United States.
Fourth, the conference amendment would require the
Secretary of State and the Attorney General of the United
States to develop appropriate mechanisms to identify, for the
purposes of processing export licenses for commercial
satellites, persons who are the subject of investigations of
the type covered by the section. The conferees understand that
the mechanisms developed to implement this provision would have
safeguards built in to protect against the disclosure of
information that could jeopardize an ongoing criminal
prosecution.
Like the Senate provision, the conference amendment
contains an exception for cases in which the President
determines that notification of Congress would jeopardize an
on-going criminal investigation. For example, the conferees
recognize that there may be cases in which it would be
impossible to notify Congress of an ongoing investigation
without violating rules of Grand Jury secrecy. The President
would be required to provide written notification of any such
determination (including a justification for the determination)
to the congressional leadership.
LEGISLATIVE PROVISIONS NOT ADOPTED
Procedures for review of export of controlled technologies and items
The House amendment contained a provision (sec. 1408)
that would require the President to submit to Congress
recommendations for the establishment of a mechanism to
identify those controlled technologies and items the export of
which is of greatest national security concern relative to
other controlled technologies and items.
The Senate bill contained no similar provision.
The House recedes.
Notice of foreign acquisition of U.S. firms in national security
industries
The House amendment contained a provision (sec. 1409)
that would amend the Exon-Florio provision of the Defense
Production Act of 1950 to require mandatory notifications of
any merger, acquisition, or takeover of a U.S. business by a
foreign government or a foreign government-controlled entity.
The Senate bill contained no similar provision.
The House recedes.
Title XV--Arms Control and Counterproliferation Matters
ITEMS OF SPECIAL INTEREST
International border security
Among the efforts of the Department of Defense (DOD) to
counter the threat of terrorist activities involving Weapons of
Mass Destruction (WMD) or WMD materials, as well as the threat
of proliferation of such weapons and materials, the conferees
recognize the contribution being made by the International
Border Security Training Program authorized in Sec. 1424 of the
National Defense Authorization Act for Fiscal Year 1997. At
relatively low cost, DOD has worked with the Customs Service to
train border security officials from throughout Central Europe
and the Newly Independent States (NIS) of the former Soviet
Union to enhance their capabilities to prevent the flow of WMD
or associated materials across their borders. The value of this
program has been demonstrated by seizures of sensitive
materials inEastern Europe, including nuclear reactor
components destined for Iran and a small quantity of Uranium-235. The
border security officials responsible for both of these seizures
attribute their success to the training they received in this program.
The conferees commend those responsible for the success of this
program.
LEGISLATIVE PROVISIONS ADOPTED
Revision to limitation on retirement or dismantlement of strategic
nuclear delivery systems (sec. 1501)
The Senate bill contained a provision (sec. 1041) that
would: (1) extend by one year section 1302 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
85) relating to the retirement or dismantlement of specified
strategic nuclear delivery systems until the START II Treaty
enters into force; and (2) provide for the reduction of a
number of Trident submarines.
The House amendment contained a similar provision (sec.
1033) that would amend section 1302 of the National Defense
Authorization Act for Fiscal Year 1998 to prohibit the
retirement or dismantlement of specified strategic nuclear
delivery systems unless the President makes certain
certifications.
The Senate recedes with an amendment that would: (1)
amend section 1302 of the National Defense Authorization Act
for Fiscal Year 1998 to prohibit the retirement or
dismantlement of specified strategic nuclear delivery systems
unless the President makes certain certifications; and (2)
allow for the retirement of a number of Trident submarines if
such certification is provided.
Sense of Congress on strategic arms reductions (sec. 1502)
The Senate bill contained a provision (sec. 1042) that
would limit the use of funds during fiscal year 2000 to reduce
specified strategic nuclear forces below the maximum number of
those forces permitted the United States under the START II
Treaty unless the President submits to Congress a report
containing an assessment indicating that such reductions would
not impede the capability of the United States to respond
militarily to any militarily significant increase in the
challenge to United States security or strategic stability
posed by nuclear weapon modernization programs of the People's
Republic of China or any other nation.
The House amendment contained no similar provision.
The House recedes with an amendment that would express
the sense of Congress that, in negotiating a START III Treaty
with the Russian Federation, or any other arms control treaty
with the Russian Federation that would require reductions in
U.S. strategic nuclear forces, that: (1) the strategic nuclear
forces and nuclear modernization programs of the People's
Republic of China and other nations be taken into full
consideration; and (2) the reductions in U.S. strategic nuclear
forces should not be to such an extent as to impede the
capability of the United States to respond militarily to any
militarily significant increase in the threat to the United
States posed by the People's Republic of China and any other
nation.
Report on strategic stability under START III (sec. 1503)
The House amendment contained a provision (sec. 1201)
that would require the Secretary of Defense to prepare a report
on strategic stability under START III.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Counterproliferation Program Review Committee (sec. 1504)
The Senate bill contained a provision (sec. 1043) that
would extend the Counterproliferation Program Review Committee
(CPRC) to September 30, 2004, advance the date on which the
CPRC annual report is submitted to Congress from May 1 to
February 1, and designate the Assistant Secretary of Defense,
Strategy and Threat Reduction, to be the CPRC Executive
Secretary.
The House amendment contained no similar provision.
The House recedes with an amendment that would designate
the Assistant Secretary of Defense, Strategy and Threat
Reduction, to be the CPRC Executive Secretary during the time
period in which the position of the Assistant to the Secretary
of Defense, Nuclear, Chemical and Biological Defense, is
vacant.
Support of United Nations-sponsored efforts to inspect and monitor
Iraqi weapons activities (sec. 1505)
The Senate bill contained a provision (sec. 1046) that
would extend, for one year, at current funding levels, the
authority of the Department of Defense (DOD) to provide support
to the United Nations Special Commission on Iraq (UNSCOM) under
the Weapons of Mass Destruction Act of 1992.
The House amendment contained a similar provision (sec.
1202).
The House recedes with an amendment that would change the
underlying Weapons of Mass Destruction Act of 1992 to make
clear that the authority of DOD to support UNSCOM will also
apply to any successor organization. The conferees believe that
it is essential that weapons inspectors of the United Nations
be allowed to resume activities in Iraq to ensure full Iraqi
compliance with its international obligations to destroy its
weapons of mass destruction and associated delivery systems.
The conferees support continued DOD assistance to this
important effort.
Title XVI--National Security Space Matters
LEGISLATIVE PROVISIONS ADOPTED
Subtitle A--Space Technology Guide; Reports
Space technology guide (sec. 1601)
The Senate bill contained a provision (sec. 1025) that
would require the Secretary of Defense to develop a detailed
guide for investment in space science and technology,
demonstrations of space technology, and planning and
development for space technology systems.
The House amendment contained no similar provision.
The House recedes with an amendment to include a micro-
satellite technology plan in the space technology guide.
Report on vulnerabilities of United States space assets (sec. 1602)
The House amendment contained a provision (sec. 907) that
would require the Secretary of Defense to prepare a report on
U.S. military space policy and current and projected U.S.
efforts to fully exploit space in preparation for possible
conflicts in 2010 and beyond.
The Senate bill contained similar provisions (secs. 911-
919) that would establish the Commission to Assess United
States National Security Space Management and Organization.
The Senate recedes with an amendment that would require
the Secretary of Defense to prepare a report on the current and
potential vulnerabilities of U.S. national security and
commercial space assets. The conferees note that other elements
of the House provision are included within the scope of the
Commission to Assess United States National Security Space
Management and Organization, as addressed elsewhere in this
Act.
Report on space launch failures (sec. 1603)
The House amendment contained a provision (sec. 1042)
that would require the Secretary of Defense to submit a report
on recent space launch failures.
The Senate bill contained no similar provision.
The Senate recedes.
Report on Air Force space launch facilities (sec. 1604)
The House amendment contained a provision (sec. 313) that
would authorize an increase of $7.3 million for operations at
Air Force space launch facilities, and that would require the
Secretary of Defense to conduct a study of space launch ranges
and requirements.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to use the Defense Science Board in
preparing a report on Air Force space launch ranges and
requirements.
Subtitle B--Commercial Space Launch Services
Sense of Congress regarding United States-Russian cooperation in
commercial space launch services (sec. 1611)
The Senate bill contained a provision (sec. 1082) that
would express the sense of Congress regarding United States-
Russian cooperation in commercial space launch services and the
relationship of such cooperation to Russia's commitment to
preventing the proliferation of ballistic missile technology.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Although the conferees believe that any possible future
consideration to modifying the quantitative limitations on
commercial space launch services provided by Russian space
launch providers should be conditioned on a continued serious
commitment by the Government of the Russian Federation to
preventing illegal transfers of ballistic missile technology,
the conferees take no position at this time on the question of
whether such modifications should be approved.
Sense of Congress regarding United States commercial space launch
capacity (sec. 1612)
The Senate bill contained a provision (sec. 1074) that
would: (1) encourage the expansion of a commercial space launch
capacity in the United States, including taking actions to
eliminate legal or regulatory barriers to long-term
competitiveness in the U.S. commercial space launch industry;
and (2) that would call for reexamination of the current U.S.
policy of permitting the export of commercial satellites of
U.S. origin to the People's Republic of China.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Subtitle C--Commission To Assess United States National Security Space
Management and Organization
Commission to assess United States national security space management
and organization (sec. 1621-1630)
The Senate bill contained a provision (sec. 911-919) that
would establish a Commission to Assess United States National
Security Space Management and Organization. The commission
would conduct a six month review of the following:
(1) the relationship between the intelligence and
non-intelligence aspects of national security space
(so-called ``white space'' and ``black space''), and
the potential benefits of a partial or complete merger
of the two aspects;
(2) the benefits of establishing any of the
following new organizations: (a) an independent
military department and service dedicated to the
national security space mission; (b) a corps within the
United States Air Force dedicated to the national
security space mission; (c) an Assistant Secretary of
Defense for space within the Office of the Secretary of
Defense; and (d) any other change to the existing
organizational structure for managing national security
space management and organization; and
(3) the benefits of establishing a new major force
program, or other budget mechanism, for managing
national security space funding within the Department
of Defense.
The House amendment contained a similar provision (sec.
907) that would require the Secretary of Defense to submit a
report on a number of national security space matters.
The House recedes with an amendment that would: (1) alter
the composition of the commission; (2) require the commission
to consider a number of matters specified in section 907 of the
House amendment, in addition to those specified in the original
Senate bill; (3) require the Secretary of Defense to submit to
the Committees on Armed Services of the Senate and the House of
Representatives an assessment of the commission's report; and
(4) make other technical and clarifying changes.
Title XVII--Troops-to-Teachers Program
LEGISLATIVE PROVISIONS ADOPTED
Troops-to-Teachers program (sec. 1701-1709)
The Senate bill contained a provision (sec. 579) that
would amend section 1151 of title 10, United States Code, to
improve the current Troops-to-Teachers program and to provide
for the transfer of this program to the Department of
Education. The recommended provision would change the eligible
population from military personnel separated from the services
to those who will retire on or after October 1, 1999.
Participating members would be required to obtain certification
or licensure as an elementary or secondary school teacher, or
vocational or technical teacher, and to accept an offer of
full-time employment as an elementary or secondary school
teacher, or vocational or technical teacher. The provision
would authorize either a $5,000 stipend to be paid to each
participant or a $10,000 bonus to be paid to those who agree to
accept full-time employment as an elementary or secondary
school teacher, or vocational or technical teacher for not less
than four years in a high need school. The provision would
require the Secretary of Defense and the Secretary of
Transportation to transfer responsibility for the Troops-to-
Teachers program to the Secretary of Education, not later than
October 1, 2001.
The House amendment contained no similar provision.
The House recedes with an amendment that would clarify
the requirements in the Senate provision and require the
Secretary of Defense and the Secretary of Transportation to
transfer responsibility for the Troops-to-Teachers program to
the Secretary of Education, not later than October 1, 2000.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Overview
The budget request for fiscal year 2000 included
$5,438,443,000 for military construction and family housing.
The Senate bill would authorize $8,801,158,000 for
military construction and family housing.
The House amendment would provide $8,590,243,000 for this
purpose.
The conferees recommend authorization of appropriations
of $8,497,243,000 for military construction and family housing,
including general reductions and revised economic assumptions.
Title XXI--Army
Overview
The Senate bill would authorize $2,194,333,000 for Army
military construction and family housing programs for fiscal
year 2000.
The House amendment would authorize $2,384,417,000 for
this purpose.
The conferees recommend authorization of appropriations
of $2,353,231,000 for Army military construction and family
housing for fiscal year 2000.
The conferees agree to general reductions of $45,453,000
in the authorization of appropriations for the Army military
construction and military family housing accounts. The
reductions are to be offset by savings from favorable bids,
reduced overhead costs, and cancellations due to force
structure changes. The general reductions shall not cancel any
military construction authorized by title XXI of this Act.
ITEMS OF SPECIAL INTEREST
Improvements to military family housing, Army
The conferees recommend that, within authorized amounts
for improvements to military family housing and facilities, the
Secretary of the Army execute the following project: $2,800,000
for whole neighborhood improvements (26 units) at Fort
Campbell, Kentucky.
LEGISLATIVE PROVISIONS ADOPTED
Authorized Army construction and land acquisition projects (sec. 2101)
The Senate bill contained a provision (sec. 2101) that
would authorize Army construction projects for fiscal year
2000. The authorized amounts are listed on an installation-by-
installation basis.
The House amendment contained a similar provision.
The conference agreement includes a similar provision.
The authorized amounts are listed on a installation-by-
installation basis. The state list contained in this report is
intended to be the binding list of the specific projects
authorized at each location.
Family housing (sec. 2102)
The Senate bill included a provision (sec. 2102) that
would authorize new construction and planning and design of
family housing units for the Army for fiscal year 2000. The
authorized amounts are listed on an installation-by-
installation basis.
The House amendment contained a similar provision.
The conference agreement includes a similar provision.
The authorized amounts are listed on a installation-by-
installation basis. The state list contained in this report is
intended to be the binding list of the specific projects
authorized at each location.
Improvements to military family housing units (sec. 2103)
The Senate bill contained a provision (sec. 2103) that
would authorize improvements to existing units of family
housing for fiscal year 2000.
The House amendment contained a similar provision.
The conference agreement includes a similar provision.
Authorization of appropriations, Army (sec. 2104)
The Senate bill contained a provision (sec. 2104) that
would authorize specific appropriations for each line item
contained in the Army's budget for fiscal year 2000. This
section would also provide an overall limit on the amount the
Army may spend on military construction projects.
The House amendment contained a similar provision.
The conference agreement includes a similar provision.
Title XXII--Navy
Overview
The Senate bill would authorize $2,076,717,000 for Navy
military construction and family housing programs for fiscal
year 2000.
The House amendment would authorize $2,084,107,000 for
this purpose.
The conferees recommend authorization of appropriations
of $2,108,087,000 for Navy military construction and family
housing for fiscal year 2000.
The conferees agree to general reductions of $37,827,000
in the authorization of appropriations for the Navy military
construction and military family housing accounts. The
reductions are to be offset by savings from favorable bids,
reduction in overhead costs, and cancellation of projects due
to force structure changes. The general reductions shall not
cancel any military construction authorized by title XXII of
this Act.
ITEMS OF SPECIAL INTEREST
Acquisition of Preposition Equipment Maintenance Facilities, Blount
Island, Jacksonville, Florida
The conferees note the recent approval by the Secretary
of Defense of a waiver of the current moratorium on land
acquisition for the purchase of the afloat prepositioning
maintenance facility at Blount Island, Jacksonville, Florida
currently operated under lease by the Marine Corps. The
conferees acknowledge that these facilities are critical to the
prepositioning support of the Marine Corps and further note
that ownership of these facilities would save the Department of
the Navy between six and seven million dollars annually. In an
effort to ensure continued readiness of the Marine Corps, the
need for strategic placement of prepositioning facilities, and
the desire to obtain the most cost-effective solution to
prepositioning operations, the conferees expect the Secretary
of the Navy to proceed with those actions necessary to bring
this acquisition to completion at the earliest possible time.
Improvements to military family housing, Navy
The conferees recommend the transfer of military family
housing projects from the Family Housing Improvement Fund to
Family Housing Construction, Navy for the following locations:
Naval Training Center Great Lakes, Illinois; Marine Corps Base
Camp Lejeune, North Carolina; Naval Inventory Control Point,
Philadelphia, Pennsylvania; and Marine Corps Recruit Depot,
Parris Island, South Carolina.
The conferees further recommend that, within authorized
amounts for improvements to military family housing and
facilities, the Secretary of the Navy execute the following
project: $9,100,000 for whole neighborhood improvement (91
units) at Marine Corps Base, Camp Lejeune, North Carolina.
LEGISLATIVE PROVISIONS ADOPTED
Authorized Navy construction and land acquisition projects (sec. 2201)
The Senate bill contained a provision (sec. 2201) that
would authorize Navy construction projects for fiscal year
2000. The authorized amounts are listed on an installation-by-
installation basis.
The House amendment contained a similar provision.
The conference agreement includes a similar provision.
The authorized amounts are listed on a installation-by-
installation basis. The state list contained in this report is
intended to be the binding list of the specific projects
authorized at each location.
Family housing (sec. 2202)
The Senate bill contained a provision (sec. 2202) that
would authorize new construction and planning and design of
family housing units for the Navy for fiscal year 2000. The
authorized amounts are listed on an installation-by-
installation basis.
The House amendment contained a similar provision.
The conference agreement includes a similar provision.
The authorized amounts are listed on a installation-by-
installation basis. The state list contained in this report is
intended to be the binding list of the specific projects
authorized at each location.
Improvements to military family housing units (sec. 2203)
The Senate bill contained a provision (sec. 2203) that
would authorize improvements to existing units of family
housing for fiscal year 1999. The authorized amounts are listed
on an installation-by-installation basis.
The House amendment contained a similar provision.
The conference agreement includes a similar provision.
Authorization of appropriations, Navy (sec. 2204)
The Senate bill contained a provision (sec. 2204) that
would authorize specific appropriations for each line item in
the Navy's budget for fiscal year 2000. This section would also
provide an overall limit on the amount the Navy may spend on
military construction projects.
The House amendment contained a similar provision.
The conference agreement includes a similar provision.
Modification of authority to carry out fiscal year 1997 project (sec.
2205)
The Senate bill contained a provision (sec. 2205) that
would correct the number of units of military family housing
units authorized for construction at Naval Air Station
Brunswick, Maine in the Military Construction Act for Fiscal
Year 1997 (division B of Public Law 104-201).
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Authorization to accept electrical substation improvements, Guam (sec.
2206)
The House amendment contained a provision (sec. 2205)
that would authorize the Secretary of the Navy to accept
electrical utility system improvements valued at $610,000 from
the Guam Power Authority at Agana Substation and Harmon
Substation at Public Works Center, Guam.
The Senate bill contained no similar provision.
The Senate recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Correction in authorized use of funds, Marine Corps Combat Development
Command, Quantico, Virginia
The House amendment contained a provision (sec. 2206)
that would correct the authorized use of funds authorized for
appropriation for fiscal year 1997 for a military construction
project at Marine Corps Command Development Command, Quantico,
Virginia. This section would permit the use of previously
authorized funds to carry out a military construction project
involving infrastructure development at that installation.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the sanitary landfill at the
Marine Corps Combat Development Command, Quantico, Virginia
authorized by the Military Construction Authorization Act for
Fiscal Year 1997 (Division B of Public Law 104-201) is no
longer required. The conferees agree to extend the funds for
the sanitary landfill and direct the Secretary of the Navy to
submit a report detailing the need for the infrastructure
improvements project with the fiscal year 2001 budget request.
Title XXIII--Air Force
Overview
The Senate bill would authorize $1,931,051,000 for Air
Force military construction and family housing programs for
fiscal year 2000.
The House amendment would authorize $1,874,053,000 for
this purpose.
The conferees recommend authorization of appropriations
of $1,948,052,000 for Air Force military construction and
family housing for fiscal year 2000.
The conferees agree to general reductions of $30,311,000
in the authorization of appropriations for the Air Force
military construction and military family housing accounts. The
reductions are to be offset by savings from favorable bids,
reduction in overhead costs, and cancellation of projects due
to force structure changes. The general reductions shall not
cancel any military construction authorized by title XXIII of
this Act.
ITEMS OF SPECIAL INTEREST
Economic redevelopment, Homestead Air Force Base, Florida
The conferees are concerned about the status of economic
redevelopment at, and in the vicinity of, Homestead Air Force
Base, Florida, which was closed as an active installation and
realigned to support reserve component requirements through the
recommendation of the Base Closure and Realignment Commission
of 1993. The conferees are aware a Supplemental Environmental
Impact Statement by the Secretary of the Air Force. The
conferees note that the supplemental environmental assessments
follow a previously completed Environmental Impact Statement,
which culminated in a Record of Decision in October 1994. The
conferees encourage the Secretary to proceed expeditiously to
complete the Supplemental Environmental Impact Statement so
that effective economic reuse may begin at that installation.
The conferees direct the Secretary of the Air Force to report
every 60 days to the congressional defense committees on
progress toward the completion of the Supplemental
Environmental Impact Statement.
Improvements to military family housing, Air Force
The conferees recommend that, within authorized amounts
for improvements to military family housing and facilities, the
Secretary of the Air Force execute the following project:
$5,550,000 for family housing improvements (50 units) at
Charleston Air Force Base, South Carolina.
LEGISLATIVE PROVISIONS ADOPTED
Authorized Air Force construction and land acquisition projects (sec.
2301)
The Senate bill contained a provision (sec. 2301) that
would authorize Air Force construction projects for fiscal year
2000. The authorized amounts are listed on an installation-by-
installation basis.
The House amendment contained a similar provision.
The conference agreement includes a similar provision.
The authorized amounts are listed on a installation-by-
installation basis. The state list contained in this report is
intended to be the binding list of the specific projects
authorized at each location.
Family housing (sec. 2302)
The Senate bill contained a provision (sec. 2302) that
would authorize new construction and planning and design of
family housing units for the Air Force for fiscal year 2000.
The House amendment contained a similar provision.
The conference agreement includes a similar provision.
The authorized amounts are listed on a installation-by-
installation basis. The state list contained in this report is
intended to be the binding list of the specific projects
authorized at each location.
Improvements to military family housing units (sec. 2303)
The Senate bill contained a provision (sec. 2303) that
would authorize improvements to existing units of family
housing for fiscal year 2000.
The House amendment contained a similar provision.
The conference agreement includes a similar provision.
Authorization of appropriations, Air Force (sec. 2304)
The Senate bill contained a provision (sec. 2304) that
would authorize specific appropriations for each line item in
the Air Force's budget for fiscal year 2000. This section would
also provide an overall limit on the amount the Air Force may
spend on military construction projects.
The House amendment contained a similar provision.
The conference agreement includes a similar provision.
legislative provisions not adopted
Consolidation of Air Force Research Laboratory Facilities at Rome
Research Site, Rome, New York
The Senate bill contained a provision (sec. 2305) that
would authorize the Secretary of the Air Force to accept
contributions from the State of New York for the purposes of
carrying out military construction projects relating to the
consolidation of Air Force Research Laboratory facilities at
Rome Research Site, Rome, New York.
The House amendment contained a provision (sec. 2305)
that would require the Secretary of the Air Force to submit,
not later than January 1, 2000, a plan on efforts to
consolidate research and technology development activities
conducted at the Air Force Research Laboratory located at the
Rome Research Site, Rome, New York.
The House and Senate recede.
Title XXIV--Defense Agencies
Overview
The Senate bill would authorize $870,915,000 for Defense
Agencies military construction and family housing programs for
fiscal year 2000. The bill would also authorize $892,911,000
for base closure activities.
The House amendment would authorize $834,298,000 for
Defense Agencies military construction and family housing
programs for fiscal year 2000. The amendment would also
authorize $705,911,000 for base closure activities.
The conferees recommend authorization of appropriations
of $672,474,000 for Defense Agencies military construction and
family housing for fiscal year 2000. The conferees also
recommend authorization of appropriations of $689,711,000 for
base closure activities.
The conferees agree to a general reduction of $31,350,000
in the authorization of appropriations for the Defense Agencies
military construction account. The general reduction is to be
offset by savings from favorable bids and reductions in
overhead costs. The conferees further agree to a general
reduction of $93,000,000 in the authorization of appropriations
for the chemical demilitarization program. The reduction to the
entire chemical demilitarization program is based on
unobligated prior year funds. The conferees do not intend this
reduction to interfere with timely compliance with the Chemical
Weapons Convention. The general reductions shall not cancel any
military construction projects authorized by title XXIV of this
Act.
items of special interest
Armed Forces Institute of Pathology Facility, Walter Reed Army Medical
Center, Washington, D.C.
The conferees are concerned that two recent studies have
identified extensive life safety, occupational health and
operational deficiencies in the facilities supporting the Armed
Forces Institute of Pathology (AFIP), principally Building 54
located at the Walter Reed Army Medical Center, Washington,
D.C. The identified deficiencies include an inadequate fire
alarm system, unreliable emergency power, non-compliant fire
separation, insufficient space, failing utilities, and a
failure to provide controlled environmental conditions. The
conferees are concerned that these conditions are negatively
affecting AFIP's mission and may compromise the health and
welfare of its employees.
The conferees understand that a military construction
project to replace and renovate Building 54 was initially
programmed by the Department of the Army at a cost of $185.0
million. The facility was designated for an available site as
part of the current Walter Reed master plan. The project was
deferred by direction of the Office of the Secretary of
Defense.
As an alternative to the military construction project,
the American Registry of Pathology has proposed financing,
building, and operating a new laboratory for the AFIP. The
ARP's proposal would gift the structure to the government
following an anticipated 30 year lease. This lease would cost
as much as $600.0 million.
The conferees believe that current conditions of AFIP
facilities warrant timely corrective action. The conferees
direct the Secretary of Defense to evaluate alternatives for
improving the AFIP facilities and report all conclusions and
recommendations coincident with the submission of the budget
request for military construction for fiscal year 2000.
legislative provisions adopted
Authorized Defense Agencies construction and land acquisition projects
(sec. 2401)
The Senate bill contained a provision (sec. 2401) that
would authorize defense agencies construction projects for
fiscal year 2000. The authorized amounts are listed on an
installation-by-installation basis.
The House amendment contained a similar provision.
The conference agreement includes a similar provision.
The authorized amounts are listed on a installation-by-
installation basis. The state list contained in this report is
intended to be the binding list of the specific projects
authorized at each location.
Improvements to military family housing units (sec. 2402)
The Senate bill contained a provision (sec. 2402) that
would authorize the Secretary of Defense to make improvements
to existing units of family housing for fiscal year 2000.
The House amendment contained a similar provision.
The conference agreement includes a similar provision.
Military Housing Improvement Program (sec. 2403)
The Senate bill contained a provision (sec. 2403) that
would authorize appropriations of $78,756,000 for credit to the
Department of Defense Family Housing Improvement Fund.
The House amendment contained a similar provision.
The conferees recommend authorization of appropriations
of $2,000,000 for credit to the Department of Defense Family
Housing Improvement Fund for fiscal year 2000.
The conferees reallocated $76,756,000 from the Family
Housing Improvement Fund to Family Housing Construction, Army,
and Family Housing Construction, Navy, due to the deferral or
cancellation of privatization efforts at several installations.
Energy conservation projects (sec. 2404)
The Senate bill contained a provision (sec. 2404) that
would authorize the Secretary of Defense to carry out energy
conservation projects.
The House amendment contained a similiar provision.
The conference agreement includes this provision.
Authorization of appropriations, Defense Agencies (sec. 2405)
The Senate bill contained a provision (sec. 2405) that
would authorize specific appropriations for each line item in
the Defense Agencies' budget for fiscal year 2000. This section
would also provide an overall limit on the amount the Defense
Agencies may spend on military construction projects.
The House amendment contained a similar provision.
The conference agreement includes a similar provision.
Increase in fiscal year 1997 authorization for military construction
projects at Pueblo Chemical Activity, Colorado (sec. 2406)
The Senate bill contained a provision (sec. 2406) that
would modify the table in section 2101 of the Military
Construction Authorization Act for Fiscal Year 1997 to increase
the authorization for the construction of the Pueblo Chemical
Activity, Colorado, from $179,000,000 to $203,500,000.
The House amendment contained a similar provision.
The Senate recedes.
Condition on obligation of military construction funds for Drug
Interdiction and Counter-Drug Activities (sec. 2407)
The House amendment contained a provision (sec. 2407)
that would prohibit the obligation of funds authorized for
appropriation for military construction to support the
development of forward operating locations for the drug
interdiction and counter-drug activities of the Department of
Defense until after the end of the 30-day period beginning on
the date on which the Secretary of Defense submits to the
Congress a report describing in detail the purposes for which
such funds will be obligated and expended.
The Senate bill contained no similar provision.
The Senate recedes.
Title XXV--North Atlantic Treaty Organization Security Investment
Program
Overview
The Senate bill would authorize $166,430,000 for the U.S.
contribution to the NATO Security Investment Program for fiscal
year 2000.
The House amendment would authorize $191,000,000 for this
purpose.
The conferees agree to authorize $81,000,000 million for
the U.S. contribution to the NATO Security Investment Program.
legislative provisions adopted
Authorized NATO construction and land acquisition projects (sec. 2501)
The Senate bill contained a provision (sec. 2501) that
would authorize the Secretary of Defense to make contributions
to the North Atlantic Treaty Organization Security Investment
program in an amount equal to the sum of the amount
specifically authorized in section 2502 of the Senate bill and
the amount of recoupment due to the United States for
construction previously financed by the United States.
The House amendment contained an identical provision.
The conference agreement includes this provision.
Authorization of appropriations, NATO (sec. 2502)
The Senate bill a provision (sec. 2502) that would
authorize appropriations of $166,340,000 as the United States
contribution to the North Atlantic Treaty Organization (NATO)
Security Investment Program.
The House amendment would authorize $191,000,000 for this
purpose.
The conferees agree to authorize $81,000,000 for the
United States contribution to the NATO Security Investment
Program.
Title XXVI--Guard and Reserve Forces Facilities
Overview
The Senate bill would authorize $590,135,000 for military
construction and land acquisition for fiscal year 2000 for the
Guard and Reserve components.
The House amendment would authorize $437,701,000 for this
purpose.
The conferees recommend authorization of appropriations
of $644,688,000 for military construction and land acquisition
for fiscal year 2000. This authorization would be distributed
as follows:
Army National Guard..................................... $205,448,000
Air National Guard...................................... 253,918,000
Army Reserve............................................ 107,149,000
Air Force Reserve....................................... 52,784,000
Naval and Marine Corps Reserve.......................... 25,389,000
--------------------------------------------------------
____________________________________________________
Total........................................... 644,688,000
The conferees agree to the following general reductions:
$4,223,000 in the authorization of appropriations for the Army
National Guard military construction account; $5,652,000 in the
authorization of appropriations for the Air National Guard
military construction account; $2,891,000 in the authorization
of appropriations for the Army Reserve military construction
account; $2,080,000 in the authorization of appropriations for
the Air Force Reserve military construction account; and
$674,000 in the authorization of appropriations for the Naval
Reserve military construction account. The general reductions
are to be offset by savings from favorable bids, reductions in
overhead costs, and cancellation of projects due to force
structure changes. The general reductions shall not cancel any
military construction authorized by title XXVI of this Act.
legislative provisions adopted
Authorized Guard and Reserve construction and land acquisition projects
(sec. 2601)
The Senate bill contained a provision (sec. 2601) that
would authorize appropriations for military construction for
the guard and reserve by service component for fiscal year
2000.
The House amendment contained a similar provision.
The conference agreement includes a similar provision.
The state list contained in this report is intended to be
the binding list of the specific projects authorized at each
location.
Modification of authority to carry out fiscal year 1998 project (sec.
2602)
The Senate bill contained a provision (sec. 2865) that
would amend section 2603 of the National Defense Authorization
Act for Fiscal Year 1998 to authorize the Secretary of the Army
to accept payment for the costs associated with the conveyance
of Fort Douglas and relocation of Army Reserve units. The funds
received underthis authority would be credited to the
appropriations, fund or account from which the expenses were paid.
The House amendment contained no similar provision.
The House recedes with an amendment that would make the
use of the reimbursed funds subject to appropriations. The
amendment would also make certain technical corrections.
Title XXVII--Expiration and Extension of Authorizations
legislative provisions adopted
Expiration of authorizations and amounts required to be specified by
law (sec. 2701)
The Senate bill contained a provision (sec. 2701) that
would provide that authorizations for military construction
projects, repair of real property, land acquisition, family
housing projects and facilities, contributions to the North
Atlantic Treaty Organization Security Investment Program, and
guard and reserve projects will expire on October 1, 2002, or
the date of enactment of an Act authorizing funds for military
construction for fiscal year 2003, whichever is later. This
expiration would not apply to authorizations for which
appropriated funds have been obligated before October 1, 2002,
or the date of enactment of an Act authorizing funds for these
projects, whichever is later.
The House amendment contained an identical provision.
The conference agreement includes this provision.
Extension of authorizations of certain fiscal year 1997 projects (sec.
2702)
The Senate bill contained a provision (sec. 2702) that
would provide for selected extension of certain fiscal year
1997 military construction authorizations until October 1,
2000, or the date of the enactment of the Act authorizing funds
for military construction for fiscal year 2001, whichever is
later.
The House amendment contained a similar provision.
The House recedes with a technical amendment.
Extension of authorizations of certain fiscal year 1996 projects (sec.
2703)
The Senate bill contained a provision (sec. 2703) that
would provide for selected extension of certain fiscal year
1996 military construction authorizations until October 1,
2000, or the date of the enactment of the Act authorizing funds
for military construction for fiscal year 2001, whichever is
later.
The House amendment contained a similar provision.
The House recedes with a technical amendment.
Effective date (sec. 2704)
The Senate bill contained a provision (sec. 2704) that
would provide that Titles XXI, XXII, XXIII, XXIV, XV, and XXVI
of this bill shall take effect on October 1, 1999, or the date
of the enactment of this Act, whichever is later.
The House amendment contained an identical provision.
The conference agreement includes this provision.
Title XXVIII--General Provisions
legislative provisions adopted
Subtitle A--Military Construction Program and Military Family Housing
Changes
Exemption from notice and wait requirements of military construction
projects supported by burdensharing funds undertaken for war or
national emergency (sec. 2801)
The Senate bill contained a provision (sec. 2801) that
would amend section 2350 of title 10, United States Code, to
waive the 21-day notice and wait reporting requirement on the
use of burdensharing funds for military construction projects
in time of war or national emergency. In the event the
secretary of a military department directs construction of a
project under conditions of war or national emergency using
such funds, the secretary would be required to submit a report
to the congressional defense committees not later than 30 days
after directing such action.
The House amendment contained no similar provision.
The House recedes.
Development of Ford Island, Hawaii (sec. 2802)
The Senate bill contained a provision (sec. 2862) that
would authorize a series of special authorities for the
development of Ford Island, Hawaii, by the Secretary of the
Navy. The authorities would authorize the Secretary to convey
or lease excess real or personal property in the State of
Hawaii for the purpose of facilitating such development and
would authorize the Secretary to accept a lease of any facility
constructed under this authority in lieu of cash payment for
the sale or lease of real property under this authority. In
general, no lease entered into by the Secretary under this
section could exceed ten years and, upon the termination of any
lease, the Secretary would have the right of first refusal to
acquire the property. The provision would require the Secretary
to use competitive procedures when exercising any of the
authorities provided by this section.
As consideration for the sale or lease of real or
personal property, the Secretary may accept cash, real
property, personal property, services, or any combination
thereof, and in no case shall the amount received be less than
the fair market value of the real or personal property conveyed
or leased. The provision would establish an account on the
books of the Treasury known as the Ford Island Improvement
Account to carry out improvements and obtain property support
services for property or facilities on Ford Island.
This provision would require the Secretary of the Navy to
submit a master plan for the development of Ford Island to the
appropriate committees of Congress 30 days prior to exercising
any of the authorities provided by this section. The provision
would also require the Secretary, 30 days prior to the
commencement of any lease, sale, or exchange of real property,
to submit to the Congressional defense committees a report
detailing the terms and conditions of any transaction. This
section would prohibit the Secretary from acquiring,
constructing, or improving military family housing or
unaccompanied personnel housing under this authority in lieu of
the authority provided by subchapter IV, chapter 169 of title
10, United States Code. The povision would authorize the
Secretary to transfer funds from the Ford Island Improvement
Account to the Department of Defense Family Housing Improvement
Fund and the Department of Defense Military Unaccompanied
Housing fund for such purposes.
The House amendment contained a similar provision (sec.
2802).
The Senate recedes with an amendment that would limit the
property the Secretary may lease to any public or private
sector entity to parcels not required for current operations.
The amendment would also strike the prohibition that the
Secretary may not enter a lease unless specifically authorized
by law.
Expansion of entities eligible to participate in alternative authority
for acquisition and improvement of military housing (sec. 2803)
The Senate bill contained a provision (sec. 2807) that
would amend subchapter IV, chapter 169, of title 10, United
States Code, to expand the entities eligible to participate in
the alternative authorities for the acquisition and improvement
of military housing to include any individual, corporation,
firm, partnership, company, State or localgovernment, or
housing authority of a State or local government.
The House amendment contained a similar provision (sec.
2806).
The Senate recedes with an amendment that would modify
the definition of ``eligible entity'' by striking the word
``individual'' and inserting ``private person.''
Restriction on authority to acquire or construct ancillary supporting
facilities for housing units (sec. 2804)
The Senate bill contained a provision (sec. 2804) that
would amend section 2881 of title 10, United States Code, to
limit the type of ancillary facilities that may be included in
the acquisition or construction of military family housing
units under the Military Housing Privatization Initiative. The
provision would limit ancillary facilities to those that would
not be in direct competition, as determined by the Secretary
concerned, with the provision of merchandise or services
provided by the Army and Air Force Exchange Services, the Navy
Exchange Services Command, the Marine Corps Exchange, the
Defense Commissary Agency, or any non-appropriated fund
activity of the Department of Defense for the morale, welfare,
and recreation of members of the armed forces.
The House amendment contained a similar provision (sec.
2803).
The House recedes with a technical amendment.
Planning and design for military construction projects for reserve
components (sec. 2805)
The Senate bill contained a provision (sec. 2805) that
would amend section 18233 of title 10, United States Code, to
clarify the authority of the Secretary of Defense to utilize
funds for the design of military construction projects for the
reserve components.
The House amendment contained a similar provision (sec.
2804).
The Senate recedes.
Modification of limitations on reserve component facility projects for
certain safety projects (sec. 2806)
The Senate bill contained a provision (sec. 2806) that
would amend section 18233a of title 10, United States Code, to
authorize the use of unspecified minor construction funds for
military construction projects costing less than $3,000,000 and
intended to correct deficiencies that are threatening to life,
health, or safety. The provision would also authorize the use
of funds available from the operations and maintenance
appropriations for projects costing less that $1,000,000 to
correct deficiencies that are threatening to life, health or
safety.
The House amendment contained a similar provision (sec.
2805).
The House recedes.
Sense of Congress on using incremental funding to carry out military
construction projects (sec. 2807)
The Senate bill contained a provision (sec. 2802) that
would amend section 2802 of title 10, United States Code, to
prohibit the Secretary of Defense and the secretaries of the
military departments from obligating funds for a military
construction project if the funds appropriated for such project
are insufficient to provide for the construction of a usable
facility. The provision would also express the sense of
Congress that the President should submit annual budget
requests with funding sufficient to fully fund each military
construction project and that the Congress should authorize and
appropriate sufficient funds to fully fund each military
construction project.
The House amendment contained no similar provision.
The House recedes with an amendment that would express
the sense of Congress that the President should request in the
budget for each fiscal year sufficient funds necessary to
construct a complete and usable facility or usable improvements
to an existing facility. The amendment would make an exception
for large projects that may be phase funded consistent with
established practices for such projects.
The Department of Defense has traditionally requested
full funding for military construction projects, except in
limited cases where large projects cost over $50.0 million and
construction is expected to exceed two years. The conferees
remain concerned that, contrary to these well established
budgetary practices and good business practices, the President
requested incremental funding, on an outlay-rate basis, for
nearly all military construction and family housing projects in
the fiscal year 2000 budget. The conferees note that testimony
provided to Congress by senior officials of the Department of
Defense and military departments indicated for all but the
largest military construction projects, incremental funding
would likely be detrimental to completion of these projects in
a timely fashion. The conferees are deeply concerned that the
incremental funding of military construction projects would be
less efficient than full funding, may increase the cost of
construction, and may increase the administrative burden in
awarding and monitoring construction contracts. The conferees
find this unacceptable since it detracts from the value of the
military construction program. The conferees urge the President
to request full funding in future budget requests for military
construction projects.
Subtitle B--Real Property and Facilities Administration
Extension of authority for lease of real property for special
operations activities (sec. 2811)
The Senate bill contained a provision (sec. 2811) that
would amend section 2680 of title 10, United States Code, to
extend until September 30, 2005, the authority provided to the
Secretary of Defense to lease real property to support special
operations activities.
The House amendment contained a similar provision (sec.
2811).
The Senate recedes.
Enhancement of authority relating to utility privatization (sec. 2812)
The Senate bill contained a provision (sec. 2812) that
would amend section 2688 of title 10, United States Code, to
authorize the secretaries of the military departments to enter
into a contract for the receipt of utility services in
connection with the conveyance of a utility system for a period
not to exceed 50 years. The provision would further amend
section 2688 of title 10, United States Code, to permit the
secretaries of the military departments, in lieu of carrying
out a military construction project to construct, repair, or
replace a utility system, to use funds authorized and
appropriated for such a project to make a contribution toward
the cost of construction, repair, or replacement of the utility
system by the entity to which the utility system is being
conveyed.
The House amendment contained a similar provision (sec.
2812), which would further amend section 2688 of title 10,
United States Code, to clarify that the secretaries of the
military department may convey associated real property, in
addition to easements and rights-of-way, if such property is
required to further the privatization of a utility system.
The Senate recedes with a technical amendment.
Acceptance of funds to cover administrative expenses relating to
certain real property transactions (sec. 2813)
The House amendment contained a provision (sec. 2813)
that would authorize the secretary of a military department to
accept reimbursement from non-federal entities for the cost of
administrative expenses relating to the disposal of real
property of the United States for which the secretary will be
the disposal agent.
The Senate bill contained no similar provision.
The Senate recedes.
Operations of Naval Academy dairy farm (sec. 2814)
The House amendment contained a provision (sec. 1044)
that would authorize the Superintendent of the Naval Academy to
retain all money received from the lease of the Naval Academy
dairy farm and to use the funds to cover expenses related to
the dairy farm, including reimbursing nonappropriated fund
instrumentalities of the Naval Academy.
The Senate bill contained no similar provision.
The Senate recedes.
Study and report on impacts to military readiness of proposed land
management changes on public lands in Utah (sec. 2815)
The House amendment contained a provision (sec. 2814)
that would require the Secretary of Defense to conduct a study
to evaluate the impact upon military training, testing, and
operational readiness of any proposed changes in land
management of the Utah national defense lands.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Designation of missile intelligence building at Redstone Arsenal,
Alabama, as the Richard C. Shelby Center for Missile
Intelligence (sec. 2816)
The conferees include a provision that would designate
the newly constructed missile intelligence building located at
Redstone Arsenal in Huntsville, Alabama, as the ``Richard C.
Shelby Center for Missile Intelligence.''
Subtitle C--Defense Base Closure and Realignment
Economic development conveyance of base closure property (sec. 2821)
The Senate bill contained a provision (sec. 2821) that
would amend the Defense Base Closure and Realignment Act of
1990 (division D of Public Law 101-510) and the 1988 Base
Realignment and Closure Act (division B of Public Law 100-526).
The provision would authorize the Secretary of military
departments concerned to transfer, without consideration,
property on an installation recommended for closure or
realignment to the local redevelopment authority (LRA), if the
authority's reuse plan provides for the property to be used for
job creation and any economic benefits are reinvested in the
economic redevelopment of the installation and surrounding
community.
The provision would provide the secretaries with the
authority to modify existing economic development conveyances
(EDCs), provided the modification is necessary to achieve rapid
economic revitalization and replacement of lost jobs; does not
require the return of payments or in kind consideration; is
necessary to generate additional employment opportunities; and
is subject to the same requirements as those granted under this
new authority. The provision would be applicable to conveyances
concluded or after April 21, 1999.
The House amendment contained no similar provision.
The House recedes with an amendment that would limit the
authority of the secretary concerned to modify conveyances
under this authority so that the consideration generated from
the modified agreement, combined with the proceeds from the
disposal of other assets at the installation, are sufficient to
reimburse the reserve account for depreciated value of the Non-
Appropriated Fund investment in morale, welfare, and recreation
and commissary assets with the conveyed parcel of real
property. The amendment would also reduce the period in which
reinvestment must be made in improvements from ten to seven
years. The amendment would also make certain technical and
conforming changes.
The conferees reiterate the conveyance of surplus
property under this provision is to support permanent job
creation. The secretaries of the military departments are
strongly encouraged to continue existing policy that while a
property transfer for housing in and of itself would not
qualify as an economic development conveyance, its inclusion
with other properties that are used for permanent job creation
(for example, revenue generation to offset a community's
redevelopment cost burden) is acceptable. The secretaries of
the military departments are further strongly encouraged to
prevent ``windfall profits'' from property conveyances under
this provision, by assuring that proceeds from use of the
property are used only for purposes legitimately related to
permanent job creation on or related to the closing or
realigning installation. Otherwise, the secretaries of the
military departments should consider sharing in proceeds that
are greater than those required to redevelop the base. Finally,
it is the intention of the conferees that this expanded
authority will not adversely affect current law that already
authorizes no-cost property conveyances to rural communities.
The secretaries of the military departments are strongly
encouraged to ensure that conveyances under this authority do
not additionally burden rural recipients of property.
The conferees urge the Secretary of Defense to establish
a policy that the service secretaries use all cash proceeds
from any disposal of base closure assets at a particular
installation to first fund the reserve account established by
section 204 of the Defense Authorization and Base Closure and
Realignment Act (Public Law 100-526). The amount of funding
should equal the depreciated value of the investment made with
commissary store funds or non-appropriated funds in facilities
on that installation. The service secretaries should fund the
reserve account even if the relevant facilities were disposed
of in a way that did not generate cash proceeds.
The conferees emphasize that conveyances under this
authority do not supplant the transfer authorities delegated to
the Department of Defense by the General Services
Administration for public benefit purposes, including ports and
aviation facilities. The conferees direct the secretary of the
appropriate military department to notify the congressional
defense committees in each instance in which an economic
development conveyance is granted and include a report on the
terms and conditions of the conveyance.
Continuation of authority to use Department of Defense Base Closure
Account 1990 for activities required to close or realign
military installations (sec. 2822)
The Senate bill contained a provision (sec. 322) that
would amend section 2703 of title 10, United States Code, to
establish an environmental restoration account for Formerly
Used Defense Sites and for bases closed or realigned under the
Defense Base Closure and Realignment Act of 1990 (division B of
Public Law 101-510), as amended, and title II of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526), as amended.
The House amendment contained a provision (sec. 2821)
that would amend section 2906 of the Defense Base Closure and
Realignment Act of 1990, as amended, to extend the Treasury
account known as the ``Department of Defense Base Closure
Account 1990.'' The account would be the sole source of funds
to carry out environmental restoration activities after the
termination of the Secretary of Defense authority to close and
realign military installations.
The Senate recedes.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Transfer of jurisdiction, Fort Sam Houston, Texas (sec. 2831)
The House amendment contained a provision (sec. 2831)
that would authorize the transfer of, and exchange of
jurisdiction on, a parcel of unimproved real property
consisting of approximately 152 acres at Fort Sam Houston,
Texas, between the Secretary of the Army and the Secretary of
Veterans Affairs. The parcel is to be incorporated intothe Fort
Sam Houston National Cemetery.
The Senate bill contained no similar provision.
The Senate recedes.
Land exchange, Rock Island Arsenal, Illinois (sec. 2832)
The House amendment contained a provision (sec. 2839)
that would authorize the Secretary of the Army to convey a
parcel of real property with improvements, consisting of
approximately one-third of an acre at the Rock Island Arsenal,
Illinois, to the City of Moline, Illinois. The property is to
be used for the purpose of construction by the City of an
entrance and exit ramp for the bridge crossing the southeast
end of the island containing the Arsenal. As consideration for
the conveyance, the City would convey to the United States a
parcel of real property consisting of approximately two-tenths
of an acre located in the vicinity of the real property to be
conveyed by the Secretary. The cost of any surveys necessary
for the conveyance would be borne by the City.
The Senate bill contained no similar provision.
The Senate recedes.
Land conveyance, Army Reserve Center, Bangor, Maine (sec. 2833)
The Senate bill contained a provision (sec. 2831) that
would authorize the Secretary of the Army to convey, without
consideration, to the City of Bangor, Maine, a parcel of excess
real property including improvements thereon, consisting of
approximately five acres and containing the Harold S. Slager
Army Reserve Center. The purpose of the conveyance would be for
educational purposes. The provision would include a
reversionary clause in the event that the Secretary determines
that the conveyed property has not been used for educational
purposes.
The House amendment contained no similar provision.
The House recedes with an amendment that would strike the
determination that the property is excess and would make
technical corrections.
Land conveyance, Army Reserve Center, Kankakee, Illinois (sec. 2834)
The House amendment contained a provision (sec. 2832)
that would authorize the Secretary of the Army to convey,
without consideration, a parcel of real property with
improvements to the City of Kankakee, Illinois. The property is
to be used for the economic development and other public
purposes. The cost of any surveys necessary for the conveyance
would be borne by the City.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require a
reversionary interest of the United Stated for a five year
period, beginning on the date the Secretary makes the
conveyance.
Land conveyance, Army Reserve Center, Cannon Falls, Minnesota (sec.
2835)
The House amendment contained a provision (sec. 2837)
that would authorize the Secretary of the Army to convey,
without consideration, a parcel of real property with
improvements to the Cannon Falls Area Schools, Minnesota,
Independent School District Number 252. The property is to be
used for educational purposes. The cost of any surveys
necessary for the conveyance would be borne by the District.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require a
reversionary interest of the United Stated for a five year
period, beginning on the date the Secretary makes the
conveyance.
Land conveyance, Army Maintenance Support Activity (Marine) Number 84,
Marcus Hook, Pennsylvania (sec. 2836)
The House amendment contained a provision (sec. 2834)
that would authorize the Secretary of the Army to convey,
without consideration, a parcel of real property with
improvements, consisting of approximately five acres, to the
Borough of Marcus Hook, Pennsylvania. The property is to be
used for recreational or economic development purposes. The
cost of any surveys necessary for the conveyance would be borne
by the Borough. The section would also provide for the
reversionary interest of the United States in the conveyed real
property and any improvements thereon in the event the
Secretary determines that the conveyed property is not used in
accordance with the condition of conveyance.
The Senate bill contained no similar provision.
The Senate recedes.
Land conveyances, Army docks and related property, Alaska (sec. 2837)
The House amendment contained a provision (sec. 2835)
that would authorize the Secretary of the Army to convey,
without consideration, a parcel of real property with
improvements, consisting of less than one-tenth of an acre, to
the City and Borough of Juneau, Alaska. The property is to be
used for the furtherance of navigation-related commerce. The
cost of any surveys necessary for the conveyance would be borne
by the City. The provision would also authorize the Secretary
of the Army to convey, without consideration, a parcel of real
property with improvements, consisting of approximately 6.13
acres in Whittier, Alaska, to the Alaska Railroad Corporation.
The property is to be used for economic development purposes.
The cost of any surveys necessary for the conveyance would be
borne by the corporation.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would specify
that the purposes of the conveyance are for navigation-related
commerce and economic development. The amendment would also
require a reversionary interest of the United States for a five
year period, beginning on the date the Secretary makes each
conveyance.
Land conveyance, Fort Huachuca, Arizona (sec. 2838)
The House amendment contained a provision (sec. 2836)
that would authorize the Secretary of the Army to convey,
without consideration, a parcel of real property with
improvements, consisting of approximately 130 acres at Fort
Huachuca, Arizona, to the Veterans Services Commission of the
State of Arizona. The property is to be used for the
establishment of a State-run veterans' cemetery. The cost of
any surveys necessary for the conveyance would be borne by the
Commission.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Land conveyance, Nike Battery 80 family housing site, East Hanover
Township, New Jersey (sec. 2839)
The House amendment contained a provision (sec. 2838)
that would authorize the Secretary of the Army to convey,
without consideration, a parcel of real property with
improvements, consisting of approximately 13.88 acres near East
Hanover, New Jersey, to the Township Council of East Hanover.
The property is to be used for the development of affordable
housing and for recreational purposes. The cost of any surveys
necessary for the conveyance would be borne by the Township.
The Senate bill contained no similar provision.
The Senate recedes.
Land conveyances, Twin Cities Army Ammunition Plant, Minnesota (sec.
2840)
The Senate bill contained a provision (sec. 2832) that
would authorize the Secretary of the Army to convey a parcel of
real property with improvements, consisting of approximately
four acres, at the Twin Cities Army Ammunition Plant,
Minnesota, to the City of Arden Hills, Minnesota. The property
is to be used for the purpose of permitting the City to
construct a city hall complex. The cost of any surveys
necessary for the conveyance would be borne by the City. The section
would also authorize the Secretary of the Army to convey a parcel of
real property with improvements, consisting of approximately 35 acres,
at the Twin Cities Army Ammunition Plant, Minnesota, to Ramsey County,
Minnesota. The property is to be used for the purpose of permitting the
County to construct a maintenance facility. The cost of any surveys
necessary for the conveyance would be borne by the County. As
consideration for the conveyances, both the City and the County would
make the facilities to be constructed available for use by the
Minnesota National Guard at no cost.
The House amendment contained a similar provision.
The Senate recedes.
Repair and conveyance of Red Butte Dam and Reservoir, Salt Lake City,
Utah (sec. 2841)
The Senate bill contained a provision (sec. 2833) that
would authorize the Secretary of the Army to convey, without
consideration, the Red Butte Dam and Reservoir, Salt Lake City,
Utah to the Central Utah Water Conservancy District, Utah. The
Secretary would be authorized to provide funds to the District
for the purpose of repairing the dam to meet the standards
required by the laws of the State of Utah.
The House amendment contained no similar provision.
The House recedes with an amendment that would limit the
funds the Secretary of the Army may make available to the
District for improvements to the Red Butte Dam and Reservoir to
an amount not to exceed $6.0 million.
Modification of land conveyance, Joliet Army Ammunition Plant, Illinois
(sec. 2842)
The House amendment contained a provision (sec. 2840)
that would amend section 2922 of the Military Construction
Authorization Act for Fiscal Year 1996 (division B of Public
Law 104-106) to place additional conditions on the conveyance
of certain real property at Joliet Army Ammunition Plant to
Will County, Illinois, for a landfill. The section would
require that the landfill may only contain waste generated in
Will County or waste generated in municipalities located at
least in part in Will County. The section would also require
that the landfill be closed and capped after 23 years of
operation.
The Senate bill contained no similar provision.
The Senate recedes.
Part II--Navy Conveyances
Land conveyance, Naval Weapons Industrial Reserve Plant No. 387,
Dallas, Texas (sec. 2851)
The Senate bill contained a provision (sec. 2843) that
would authorize the Secretary of the Navy to convey, without
consideration, to the City of Dallas, Texas a parcel of real
property, with improvements, consisting of approximately 314
acres at the Naval Weapons Industrial Reserve Plant No. 387,
Dallas, Texas. The provision would authorize the reconveyance
of the property to a private entity only at fair market value.
The provision would authorize the Secretary to convey to the
City those improvements, equipment, fixtures, and other
personnel property that the Secretary determines to be no
longer required by the Navy for other purposes. The provision
would further authorize an interim lease of the facility and
require the Secretary to continue to maintain the property
under the existing lease until it is conveyed. The provision
would include a reversionary interest of the United States in
the property clause if the Secretary determines that the
conveyed property is not used for economic development
purposes.
The House amendment contained a similar provision (sec.
2851).
The Senate recedes with an amendment that would modify
the interim lease authority of the Secretary. The amendment
would require the Secretary to assume maintenance
responsibility over the property upon termination of the
current lease, or the date the property is vacated by the
current tenant, whichever is later. The amendment would also
require the current tenant to maintain the property as provided
in the existing lease or any successor lease.
Land conveyance, Marine Corps Air Station, Cherry Point, North Carolina
(sec. 2852)
The House amendment contained a provision (sec. 2853)
that would authorize the Secretary of the Navy to convey,
without consideration, a parcel of unimproved real property,
consisting of approximately 20 acres at Marine Corps Air
Station, Cherry Point, North Carolina, to the State of North
Carolina. The property is to be used for educational purposes.
The conveyance would be subject to the condition that the State
grant easements and rights-of-way necessary to ensure that the
use of the parcel is compatible with the operations of Marine
Corps Air Station, Cherry Point. The cost of any surveys
necessary for the conveyance would be borne by the State.
The Senate bill contained no similar provision.
The Senate recedes.
Land conveyance, Newport, Rhode Island (sec. 2853)
The Senate bill contained a provision (sec. 2842) that
would authorize the Secretary of the Navy to convey,
withoutconsideration, a parcel of real property to the City of Newport,
Rhode Island, consisting of approximately 15 acres at the Naval
Station, Newport, known as the Ranger Road site. The conveyance would
be subject to the condition that the city would use the property as a
satellite campus of the Community College of Rhode Island, a center for
child day care and early childhood education, or a center for offices
of the Government of the State of Rhode Island. The property would
revert to the United States, if the Secretary determines within five
years that the property is not used for any of the purposes for which
conveyance is authorized.
The House amendment contained no similar provision.
The House recedes with an amendment that would authorize
the Secretary of the Navy to convey approximately 15 acres and
improvements known as the Connell Manor housing area to the
City of Newport, Rhode Island. As consideration for the
conveyance, the City would pay to the Secretary sufficient
funds to cover the cost to carry out any environmental
assessments required by federal law, and to sever and realign
utility systems as may be necessary to complete the conveyance.
Land conveyance, Naval Training Center, Orlando, Florida (sec. 2854)
The Senate bill contained a provision (sec. 2844) that
would direct the Secretary of the Navy to convey a parcel of
real property with improvements at the Naval Training Center,
Orlando, Florida, to the City of Orlando, Florida, in
accordance with the terms of a memorandum of agreement
concerning an economic development conveyance of the property
signed by the parties in December 1997.
The House amendment contained no similar provision.
The House recedes.
One-year delay in demolition of radio transmitting facility towers at
Naval Station, Annapolis, Maryland, to facilitate transfer of
towers (sec. 2855)
The Senate bill contained a provision (sec. 2864) that
would direct the Secretary of the Navy to delay for one year
the demolition of radio transmission towers at Naval Station,
Annapolis, Maryland, and would authorize the conveyance of the
towers to the State of Maryland or Anne Arundel County,
Maryland, if either agrees to accept the towers.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
either the State of Maryland or Anne Arundel County to agree to
accept the towers in ``as is'' condition.
Clarification of land exchange, Naval Reserve Readiness Center,
Portland, Maine (sec. 2856)
The Senate bill contained a provision (sec. 2841) that
would amend section 2852 of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261) to make certain technical corrections.
The House amendment contained no similar provision.
The House recedes.
Revision to lease authority, Naval Air Station, Meridian Mississippi
(sec. 2857)
The conferees include a provision that would modify
section 2837 of the Military Construction Authorization Act for
Fiscal Year 1997 (division B of Public Law 104-201), as amended
by section 2853 of the Military Construction Authorization Act
for Fiscal Year 1998 (division B of Public Law 105-85), to
authorize the State of Mississippi to increase the size of the
reserve center from 22,000 square feet to 27,000 square feet.
The provision would also increase the ceiling of total rental
authorized to be paid by the Secretary of the Navy from 20
percent to 25 percent of the total construction cost of the
facility.
Land conveyance, Norfolk, Virginia (sec. 2858)
The conferees include a provision that would authorize
the Secretary of the Navy to convey to the Commonwealth of
Virginia a parcel of real property in the Norfolk, Virginia,
area that the Secretary and the Commonwealth jointly determine
to be required for three projects related to highway
construction. The Secretary would also be authorized to grant
to the Commonwealth such easements, rights-of-way, or other
interests in land as the Secretary and the Commonwealth jointly
determine to be required for the projects. As consideration for
the grants of easements and right-of-way, the Secretary and the
Commonwealth shall enter into a memorandum of agreement that
may require the Commonwealth to include in the Virginia
Transportation Plan an interchange on Interstate 564 to provide
access to the new Air Terminal at Naval Station Norfolk and
replace or to relocate facilities lost to the Department of the
Navy as a result of the highway construction. The provision
would include a sense of Congress that the Commonwealth should
work with the Secretary of the Navy toward the construction of
the interchange.
Part III--Air Force Conveyances
Land conveyance, Newington Defense Fuel Supply Point, New Hampshire
(sec. 2861)
The Senate bill contained a provision (sec. 2852) that
would authorize the Secretary of the Air Force to convey,
without consideration, to the Pease Development Authority, New
Hampshire a parcel of excess real property, including
improvements thereon, consisting of approximately 10 acres at
the Newington Defense Fuel Supply Point at Newington, New
Hampshire. The provision would authorize the Secretary to
convey, concurrent with the real property, approximately 1.25
miles of pipeline, and an easement relating to the pipeline,
consisting of approximately five acres. The provision would
authorize the Administrator of General Services to convey the
property if the property is under the control of the
Administrator at the time of enactment. The provision would
require the Administrator to comply with section 2696 (b) of
title 10, United States Code, in the disposal of the property.
The House amendment contained a provision (sec. 2861)
that would authorize the Secretary of the Air Force to convey,
without consideration, a parcel of real property with
improvements, consisting of approximately 14.87 acres at the
former Pease Air Force Base, New Hampshire and containing a
deactivated fuel supply line, to the Pease Development
Authority. The property is to be used for the support of the
New Hampshire Air National Guard. The cost of any surveys
necessary for the conveyance would be borne by the Authority.
The House recedes with an amendment that would require
the redevelopment authority to make the fuel supply facility
available for use by the New Hampshire Air National Guard as a
condition of the conveyance. The amendment would also delete
the alternative conveyance authority of the Administrator of
General Services.
Land conveyance, Tyndall Air Force Base, Florida (sec. 2862)
The House amendment contained a provision (sec. 2862)
that would authorize the Secretary of the Air Force to convey a
parcel of real property with improvements, consisting of
approximately 33.07 acres, to the City of Panama City, Florida.
The property is to be used for economic development or other
purposes. As consideration for the conveyance, the City would
pay to the United States an amount equal to the fair market
value of the property, as determined by the Secretary. The
Secretary would use the funds paid by the City for the
improvement or maintenance of military family housing units at
Tyndall Air Force Base, Florida. The cost of any surveys
necessary for the conveyance would be borne by the City.
The Senate bill contained no similar provision.
The Senate recedes.
Land conveyance, Port of Anchorage, Alaska (sec. 2863)
The House amendment contained a provision (sec. 2863)
that would authorize the Secretary of the Air Force and the
Secretary of the Interior to convey, without consideration, two
parcels of real property with improvements, consisting of
approximately 14.22 acres in Anchorage, Alaska, to the Port of
Anchorage. The property is to be used for economic development
purposes. The cost of any surveys necessary for the conveyance
would be borne by the Port.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require a
reversionary interest of the United States for a five year
period, beginning on the date the secretaries concerned make
the conveyance.
Land conveyance, Forestport Test Annex, New York (sec. 2864)
The House amendment contained a provision (sec. 2864)
that would authorize the Secretary of the Air Force to convey,
without consideration, a parcel of real property with
improvements of approximately 164 acres in Herkimer County, New
York, and approximately 18 acres in Oneida County, New York, to
the Town of Ohio, New York. The property is to be used for
economic development purposes and for other public purposes.
The cost of any surveys necessary for the conveyance would be
borne by the Town.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require a
reversionary interest of the United States for a five year
period, beginning on the date the Secretary makes the
conveyance.
Land conveyance, McClellan Nuclear Radiation Center, California (sec.
2865)
The Senate bill contained a provision (sec. 2851) that
would authorize the Secretary of the Air Force to convey,
without consideration, to the Regents of the University of
California a parcel of excess real property known as the
McClellan Nuclear Radiation Center (MNRC). The provision would
authorize the Secretary to pay to the Regents $17,593,000 as
consideration for holding the Air Force harmless for the cost
of closing the facility and any liability accruing from the
continued operation of the MNRC by the University.
The House amendment contained a similar provision (sec.
2865).
The Senate recedes with an amendment that would authorize
the Secretary of the Air Force to lease the McClellan Nuclear
Radiation Center to the University of California until all
actions necessary to prepare the property for transfer by deed
have been completed. The amendment would also make certain
technical corrections.
Subtitle E--Other Matters
Acceptance of guarantees in connection with gifts to military service
academies (sec. 2871)
The Senate bill contained a provision (sec. 903) that
would authorize the Secretary of the Army to receive a
guarantee in connection with a major gift to purchase,
construct, or otherwise procure real or personal property for
the benefit of the U.S. Military Academy.
The House amendment contained no similar provision.
The House recedes with an amendment that would extend
similar authority to the secretary of each military department.
The amendment would also require the secretary of a military
department to submit a report on any proposed qualifying gift
to the Congress not later than 30 days prior to acceptance of
the gift.
Acquisition of State-held inholdings, East Range of Fort Huachuca,
Arizona (sec. 2872)
The Senate bill contained a provision (sec. 2861) that
would authorize the Secretary of Interior to acquire by eminent
domain, with the consent of the State of Arizona, all right,
title and interest in approximately 1,500 acres of unimproved
Arizona State Trust lands, located in the Fort Huachuca East
Range, Cochise County, Arizona. As consideration, the Secretary
may convey to the State of Arizona federal land of equal value,
as determined by the Uniform Appraisal Standard for Federal
Land Acquisition, under the jurisdiction of the Bureau of Land
Management in Arizona. The provision would authorize the lands
acquired by the Secretary to be withdrawn and reserved for use
by the Secretary of the Army for military training and testing
in the same manner as other federal lands in the Fort Huachuca
East Range.
The House recedes.
Enhancement of Pentagon renovation activities (sec. 2873)
The Senate bill contained a provision (sec. 2863) that
would authorize the Secretary of Defense to incorporate into
the Pentagon Renovation Program the construction of security
enhancements. The Secretary of Defense would be required to
submit a report to the Congress, not later than January 15,
2000, detailing the cost of planning, design, construction, and
installation of equipment, together with the revised estimate
of the total cost of the Pentagon Renovation project.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Subtitle F--Expansion of Arlington National Cemetary
Expansion of Arlington National Cemetery (secs. 2881-2882)
The House amendment contained a provision (sec. 2871)
that would authorize the transfer of real property and exchange
of jurisdiction between the Secretary of Defense and the
Secretary of the Army to provide for the expansion of Arlington
National Cemetery, Virginia. The property to be transferred to
the administrative jurisdiction of the Secretary of the Army
consists of three parcels, totaling approximately 36.5 acres,
located at the Navy Annex of the Pentagon. The provision would
also require the Secretary of the Army to modify the boundary
of Arlington National Cemetery to include two parcels of real
property, totaling approximately eight acres, situated in Fort
Myer, Virginia, contiguous to the Cemetery.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would direct
the Secretary of Defense to provide for the administrative
transfer of the Navy Annex property, Arlington, Virginia, to
the Secretary of the Army for incorporation into Arlington
National Cemetery. The amendment would require the Secretary of
Defense to determine the specific acreage and legal description
of the Navy Annex property. In addition to using the property
for grave sites and memorials, the amendment would authorize
the reservation of limited acreage for a National Military
Museum, if recommended by the National Military Museum
Commission, or for other appropriate memorials.
The amendment would further require the Secretary of
Defense, prior to carrying out the transfer, to submit a master
plan not later than 180 days after the receipt of the report of
the Commission on the National Military Museum. In developing
the master plan, the Secretary shall take into account the
recommendations of the report of the Secretary of the Army
concerning the expansion of Arlington Cemetery, as directed by
the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999, and the report of the Commission on the
National Military Museum. The Secretary shall coordinate the
development of the master plan with the National Capital
Planning Commission, the Commonwealth of Virginia and the
County of Arlington. The coordination with the Commonwealth and
the County would specifically be on matters pertaining to real
property under the jurisdiction of those officials located in,
or adjacent to, the Navy Annex property including assessments
of the effects of the proposed uses of the Navy Annex on the
transportation and utilities infrastructure. The amendment
would authorize the Secretary to implement the master plan
after submitting the plan to the Congress. The amendment would
further direct the Secretary to provide updates on theprogress
toward completing the use of the Navy Annex in the annual report
previously required by law on the renovation of the Pentagon.
The conferees expect the Secretary of Defense to work
closely with the National Capital Planning Commission, the
Commonwealth of Virginia, and the County of Arlington in
development of the master plan.
LEGISLATIVE PROVISIONS NOT ADOPTED
Contributions for North Atlantic Treaty Organization Security
Investment
The House amendment contained a provision (sec. 2801)
that would amend section 2806 of title 10, United States Code,
to clarify that contributions by the Secretary of Defense to
the North Atlantic Treaty Organization Security Investment
Program may be made for construction projects in support of the
actual implementation of an approved military operations plan.
The Senate bill contained no similar provision.
The House recedes.
Defense Chemical Demilitarization Construction Account
The Senate bill contained a provision (sec. 2803) that
would establish a Chemical Demilitarization Account to support
the construction of chemical demilitarization facilities, as
defined by section 1412 of the Department of Defense
Authorization Act of 1986 (Public Law 99-145).
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that the budget request included the
request for authorization of appropriations for military
construction projects to support chemical demilitarization
activities within Military Construction, Army. The conferees
acknowledge the role of the Department of the Army as executive
agent for the Department of Defense for this purpose. The
conferees, however, reiterate that the appropriate account for
these requirements is Military Construction, Defense-Wide, so
that the proper focus and oversight for a critical defense-wide
mission is maintained. The conferees direct the Secretary of
Defense to submit requests for future military construction
requirements accordingly.
Future use of Navy Annex property, Arlington, Virginia
The Senate bill contained a provision (sec. 1211) that
would preclude any land transfers or alternative future uses
for the Navy Annex property for 24 months after receipt of the
study on the expansion of Arlington Cemetery required by the
Joint Exploratory Statement of the statement of managers
accompanying the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261) and the related
Senate report (S. Rept. 105-189).
The House amendment contained no similar provision.
The Senate recedes.
Land conveyance, Fort Des Moines, Iowa
The House amendment contained a provision (sec. 2833)
that would authorize the Secretary of the Army to convey,
without consideration, a parcel of real property with
improvements to the Fort Des Moines Black Officers Memorial,
Inc., a nonprofit corporation organized in the State of Iowa.
The property is to be used for the purpose of a memorial and
for educational purposes. The cost of any surveys necessary for
the conveyance would be borne by the Corporation.
The Senate bill contained no similar provision.
The House recedes.
Land conveyance, Naval and Marine Corps Reserve Center, Orange County,
Texas
The House amendment contained a provision (sec. 2852)
that would authorize the Secretary of the Navy to convey,
without consideration, a parcel of real property with
improvements, consisting of approximately 2.4 acres in Orange
County, Texas, to the Orange County Navigation and Port
District. The property is to be used for economic development,
educational purposes, and the furtherance of navigation-related
commerce. The provision would also provide for the reversionary
interest of the United States in the conveyed real property and
any improvements thereon in the event the Secretary determines
that the conveyed property is not used in accordance with the
condition of conveyance.
The Senate bill contained no similar provision.
The House recedes.
Title XXIX--Commission on National Military Museum
LEGISLATIVE PROVISIONS ADOPTED
Commission on the National Military Museum (secs. 2901-2909)
The Senate bill contained provisions (sec. 1201-1211)
that would establish a Commission on the National Military
Museum to conduct a study and make a recommendation, notlater
than 12 months after its first meeting, to the Congress on the need for
a National Military Museum. In carrying out the study, the Commission
would:
(1) determine whether existing military museums,
sites, or memorials adequately provide, in a cost-
effective manner, for the display of and interaction
with artifacts and representation of the armed forces
and of the wars in which the United States has fought;
honor the service of the armed forces to the United
States; educate current and future generations
regarding the armed forces and the sacrifices of the
armed forces and the Nation in furtherance of the
defense of freedom; and foster public pride in the
achievements and activities of the armed forces;
(2) determine whether adequate inventories of
artifacts and representation of the armed forces and
the wars in which the United States has been engaged
would be available from current inventories, or in
private or public collections that could be lent to the
museums; and
(3) develop preliminary concepts for a basic
design, location within the National Capital Area, and
an estimate of design, construction, and operating
costs of a National Military Museum.
If the Commission determines that the Congress should
authorize the museum, it should further determine a recommended
construction time line, potential effects on the environment,
ancillary facilities and roadways, fund raising levels, the
governing structure and preferred location.
The provision would authorize the Secretary of Defense to
provide up to $2.0 million to support the work of the
Commission. The provision would also preclude any land
transfers or alternative future uses for the Navy Annex
property for 24 months after receipt of the study on the
expansion of Arlington Cemetery required by the Joint
Exploratory Statement of the statement of managers accompanying
the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261).
The House amendment contained no similar provision.
The House recedes with an amendment that would authorize,
in addition to the President, the Majority Leader and Minority
Leader of the Senate and the Speaker and Minority Leader of the
House of Representatives, in consultation with the Chairmen and
Ranking Members of the Committees on Armed Services of the
Senate and the House of Representatives, to appoint members of
the Commission. The amendment would further specify ex officio
members of the Commission would have no vote on the Commission,
and such members would include the Secretary of Transportation.
The amendment would also specify that the Commission would be
authorized to consider the Navy Annex property, Arlington,
Virginia, as a possible site for the National Military Museum,
provided the land requirement is between six and ten acres, as
part of the requirement to recommend no fewer than three sites
within the National Capital Region as a location for the
National Military museum. The amendment would also strike the
two-year moratorium on the conveyance or alternative uses of
the Navy Annex.
Title XXX--Military Land Withdrawals
The Senate bill contained several provisions (secs. 2901-
2903) that would express a sense of the Senate regarding the
renewal of the Military Lands Withdrawal Act of 1986 (Public
Law 99-606) to govern the withdrawal of approximately 7.2
million acres of public domain land as ranges for military
training and testing: Naval Air Station Fallon Ranges, Nevada;
Nellis Air Force Range, Nevada; Fort Greely Maneuver Area and
Air Drop Zone, Alaska; Fort Wainwright Maneuver Area, Alaska;
McGregor Range, New Mexico; and Barry M. Goldwater Range,
Arizona. Unless renewed, the current authorization for
withdrawal would expire in November 2001.
The House amendment contained no similar provision.
The House recedes with an amendment that would renew the
withdrawal of public lands for military purposes at the ranges
and installations governed by the Military Lands Withdrawal Act
of 1986. As proposed by the administration, the title provides
for a 25-year duration of withdrawal under terms and conditions
generally contained in Public Law 99-606, with the exception of
the withdrawals at the Naval Air Station Fallon Ranges, Nevada,
and the Nellis Air Force Range, Nevada, which would have a 20-
year duration. The conferees intend that any application for
extension of withdrawal under this title be subject to the
Engle Act (43 U.S.C. 157) and Sikes Act (16 U.S.C. 670 et
seq.), as provided for under sections 3016 and 3031, and comply
with other applicable laws, to include the National
Environmental Policy Act (42 U.S.C. 4321 et seq.).
Under this title, the status of certain lands would be
subject to the following changes: (1) the Cabeza Prieta
National Wildlife Refuge would be excluded from the Goldwater
Range withdrawal, but military aviation training over the
Refuge would continue, and would not be subject to
compatibility determinations, consistent with the National
Wildlife Refuge System Improvement Act of 1997 (Public Law 105-
57) and the Arizona Desert Wilderness Act of 1990 (Public Law
101-628); (2) access to the Cabeza Prieta Wilderness would be
allowed for upgrade, replacement, or installation of ground
instrumentation; (3) the Secretary ofthe Air Force would assume
primary jurisdiction for target areas located on the Desert National
Wildlife Refuge at Nellis Range, Nevada, and the Secretary of the
Interior would retain secondary jurisdiction over the lands for
wildlife conservation purposes; and (4) multiple withdrawals would be
consolidated and the Range Safety and Training area would be withdrawn
at the Naval Air Station Fallon, Nevada.
Short title (sec. 3001)
The provision would codify the short title of the
Military Lands Withdrawal Act of 1999.
LEGISLATIVE PROVISIONS ADOPTED
Subtitle A--Withdrawals Generally
Withdrawals (sec. 3011)
The provision would provide for the withdrawal of the
following ranges: Naval Air Station Fallon Ranges, Nevada;
Nellis Air Force Range, Nevada; Fort Greely Maneuver Area and
Air Drop Zone, Alaska; Fort Wainwright Maneuver Area, Alaska;
and McGregor Range, New Mexico. These ranges would continue to
be subject to the management scheme that is currently in place
at these ranges, subject to applicable land management and
environmental laws.
Maps and legal descriptions (sec. 3012)
This provision would direct the Secretary of the Interior
to publish in the Federal Register and file the legal
descriptions of the lands withdrawn under section 3011 of this
subtitle.
Termination of withdrawals in Military Lands Withdrawal Act of 1986
(sec. 3013)
This provision would provide that the withdrawal under
the Military Lands Withdrawal Act of 1986 (Public Law 99-606)
would terminate after November 6, 2001, except as otherwise
provided in this title.
Management of lands (sec. 3014)
This provision would provide for the management of lands
withdrawn under section 3011 of this subtitle. Under this
management scheme, the Secretary of the Interior would manage
the following lands in coordination with the secretary of the
appropriate military department: Naval Air Station Fallon
Ranges, Nevada; Nellis Air Force Range, Nevada; the Desert
National Wildlife Refuge, Nevada; Fort Greely Maneuver Area and
Air Drop Zone, Alaska; Fort Wainwright Maneuver Area, Alaska;
and McGregor Range, New Mexico. Land management plans would be
prepared consistent with applicable laws. All nonmilitary use
of these withdrawn lands would be subject to such conditions
and restrictions as may be necessary to permit military use of
such lands.
Duration of withdrawal and reservation (sec. 3015)
This provision would establish a 25-year duration of
withdrawal, beginning after the termination of Public Law 99-
606 on November 6, 2001, except for the land withdrawals
provided for under subsections (a) and (b) of section 3011,
which would have a 20-year duration of withdrawal. As for the
lands withdrawn for military purposes under section 3011 of
this subtitle, but not withdrawn for military purposes by
section (1) of the Military Lands Withdrawal Act 1986 (Public
Law 99-606), the withdrawal of such lands shall become
effective on the date of the enactment of this Act.
Extension of initial withdrawal and reservation (sec. 3016)
The provision would require the secretary of the
appropriate military department, not later than three years
prior to termination of the withdrawal under this subtitle, to
notify Congress and the Secretary of the Interior of the
continuing military need for the withdrawn lands. The provision
would provide for the procedures associated with extension or
relinquishment of withdrawn lands.
Ongoing decontamination (sec. 3017)
This provision would require the secretaries of the
military departments to maintain decontamination program,
consistent with applicable federal and state laws, of the Naval
Air Station Fallon Ranges, Nevada; Nellis Air Force Range,
Nevada; Fort Greely Maneuver Area and Air Drop Zone, Alaska;
Fort Wainwright Maneuver Area, Alaska; and McGregor Range, New
Mexico. The decontamination requirement would apply to these
withdrawn lands throughout the duration of the withdrawal and
the secretaries of the military departments would be required
to annually report on the status of such activities. Prior to
transmitting a notice of intent to relinquish lands, the
secretary of the military department concerned would be
required to prepare a written determination of the extent of
contamination.
Delegation (sec. 3018)
This provision would allow for delegation of the
functions of the Secretary of Defense, the secretaries ofthe
military departments, and certain functions of the Secretary of the
Interior, as described under this subtitle.
Water rights (sec. 3019)
This provision would specify that this subtitle shall not
be construed to establish a reservation of water rights or
authorize the appropriation of water for the United States with
respect to any of the lands withdrawn under section 3011 of
this subtitle. Nor would this subtitle affect water rights
acquired by the United States before the date of the enactment
of this Act.
Hunting, fishing, and trapping (sec. 3020)
This provision would direct that hunting, fishing, and
trapping on withdrawn lands subject to this subtitle be
conducted in accordance with section 2671 of title 10, United
States Code, except that such activities within the Desert
National Wildlife Refuge would be subject to the National
Wildlife Refuge System Administration Act of 1966 (16 U.S.C.
668dd et seq.), and other laws applicable to the National
Wildlife Refuge System.
Mining and mineral leasing (sec. 3021)
This provision would require the Secretary of Interior,
with the concurrence of the secretary of the military
department concerned, to determine which lands withdrawn by
section 3011 of this subtitle would be suitable for opening to
the operation of the Mining Law of 1872, and other laws
applicable to mining activities on public lands.
Use of mineral materials (sec. 3022)
This provision would authorize the secretary of the
military department concerned to use certain sand, gravel, or
similar mineral material resources from lands withdrawn by this
subtitle.
Immunity of United States (sec. 3023)
This provision would hold the United States harmless and
not subject to liability for any injuries or damages to persons
or property suffered in the course of any mining, mineral, or
geothermal leasing activity conducted on the lands covered by
section 3011 of this subtitle.
Subtitle B--Withdrawals in Arizona
Barry M. Goldwater Range, Arizona (sec. 3031)
The provision would withdraw the Barry M. Goldwater Range
and provide for the transfer of land management authority from
the Director, Bureau of Land Management (BLM) to the Secretary
of the Navy or the Secretary of the Air Force, as appropriate.
The management of the Goldwater Range would be split between
two military departments: the Navy would manage the West Range;
and the Air Force would manage the East Range. The statutory
changes to the management structure reflect the unique land
management challenges and needs associated with the Goldwater
Range. The duration of withdrawal would be 25 years after the
date of the enactment of this Act.
The baseline for the exercise of land management
authority by the Secretary of the Navy or the Secretary of the
Air Force would be an integrated natural resource management
plan prepared jointly by the Secretary of the Navy, the
Secretary of the Air Force, and the Secretary of Interior. Any
disagreements regarding the contents or implementation of the
plan would be subject to resolution by the Secretary of the
Navy for the West Range and the Secretary of the Air Force for
the East Range, after consultation with the Secretary of
Interior. As part of this new management scheme, the Secretary
of the Navy, the Secretary of the Air Force, and the Secretary
of Interior would be required to jointly prepare a report every
five years that describes the changes in the condition of the
lands, the current military uses, and the changes in military
use. The five-year reports could be combined with the annual
reports currently required by the Sikes Act (Public Law 105-
85). Disagreements concerning the contents of a report would be
resolved by the Secretary of the Navy and the Secretary of the
Air Force. The five-year report would then be subject to public
review and comment prior to finalization. The land management
authority of the Secretary of the Navy or the Secretary of the
Air Force, as the case may be, could revert back to the
Secretary of Interior, if the Secretary of Interior determines
that there is continuing significant and verifiable degradation
of natural and cultural resources, no sooner than 90 days after
the Secretary of Interior submits notice and a report to
Congress.
The conferees intend that the five-year report on the
Goldwater Range will not resemble or duplicate any report
required under the National Environmental Policy Act (42 U.S.C.
7609 et seq.), or any other land management or environmental
statute, with the exception of the Sikes Act. The new reporting
requirement established for the Goldwater Range should be
considered a public comment document that resembles the
existing Sikes Act reporting requirement. The purpose of the
report is to determine the status of land management at the
Goldwater Range, and to make that information available to the
public for review and comment.
Military use of Cabeza Prieta National Wildlife Refuge and Cabeza
Prieta Wilderness (sec. 3032)
Under this provision, the Cabeza Prieta National Wildlife
Refuge and the Cabeza Prieta Wilderness would be managed by the
Secretary of Interior, in coordination with the Secretary of
the Navy and the Secretary of the Air Force. The provision
would require the Secretary of Interior to manage the refuge
and the wilderness consistent with the purposes for which the
refuge and wilderness were established and to support current
and future military aviation training needs, as provided by
memorandum. The withdrawal of the Cabeza Prieta National
Wildlife Refuge, as provided for under the Military Lands
Withdrawal Act of 1986 (Public Law 99-606), would terminate on
the date of the enactment of this Act.
Maps and legal descriptions (sec. 3033)
This provision would direct the Secretary of Interior to
publish in the Federal Register and file the legal descriptions
of the lands withdrawn under section 3031 of this subtitle.
Water rights (sec. 3034)
This provision would specify that this subtitle shall not
be construed to establish a reservation of water rights or
authorize the appropriation of water for the United States with
respect to any of the lands withdrawn under this subtitle. Nor
would this title affect water rights acquired by the United
States before the date of the enactment of this Act.
Hunting, fishing, and trapping (sec. 3035)
This provision would direct that hunting, fishing, and
trapping on withdrawn lands subject to this subtitle be
conducted in accordance with section 2671 of title 10, United
States Code, except that such activities within the Cabeza
Prieta National Wildlife Refuge would be subject to the
National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd et seq.), and other laws applicable to the
National Wildlife Refuge System.
Use of mineral materials (sec. 3036)
This provision would authorize the secretary of the
military department concerned to use certain sand, gravel, or
similar mineral material resources from lands withdrawn by this
subtitle.
Immunity of United States (sec. 3037)
This provision would hold the United States harmless and
not subject to liability for any injuries or damages to persons
or property suffered in the course of any mining, mineral, or
geothermal leasing activity conducted on the lands covered by
section 3031 of this subtitle.
Subtitle C--Authorization of Appropriations
Authorization of appropriations (sec. 3041)
This provision would authorize to be appropriated such
sums as may be necessary to carry out the purposes of this
title.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
Title XXXI--Department of Energy National Security Programs
Overview
Title XXXI authorizes appropriations for the atomic
energy defense activities of the Department of Energy for
fiscal year 2000, including: the purchase, construction, and
acquisition of plant and capital equipment; research and
development; nuclear weapons; naval nuclear propulsion;
environmental restoration and waste management; operating
expenses; and other expenses necessary to carry out the
purposes of the Department of Energy Organization Act (Public
Law 95-91). The title would authorize appropriations in five
categories: weapons activities; defense environmental
restoration and waste management; other defense activities;
defense environmental management privatization; and defense
nuclear waste disposal.
The budget request for the atomic energy defense
activities totaled $12.4 billion, a 2.8 percent increase over
the adjusted fiscal year 1999 level. Of the total amount
requested, $4.5 billion was for weapons activities, $4.5
billion was for defense environmental restoration and waste
management activities, $1.0 billion was for defense facility
closure projects, $228.0 million was for defense environmental
management privatization, $1.8 billion was for other defense
activities, $112.0 million was for defense nuclear waste
disposal, and $150.0 million was for the formerly utilized
sites remedial action program.
The conferees recommend $12.1 billion for atomic energy
defense activities, a decrease of $250.0 million to the budget
request. The conferees recommend the following: $4.5 billion
for weapons activities, a decrease of $41.0 million; $5.5
billion for defense environmental restoration and waste
management (including defense facility closure projects), a
decrease of $73.0 million; $228.0 million for defense
environmental management privatization, the amount of the
budget request; $1.8 billion for other defense activities, an
increase of $13.9 million; and $112.0 million for defense
nuclear waste disposal, the amount of the request. The
conferees recommend no funding for the formerly utilized sites
remedial action program, representing a decrease of $150.0
million.
The following table summarizes the budget request and the
committee recommendations:
ITEMS OF SPECIAL INTEREST
Long-term stewardship plan
The conferees direct the Secretary of Energy to provide
to the Armed Services Committees of the Senate and House of
Representatives, not later than October 1, 2000, a report on
existing and anticipated long-term environmental stewardship
responsibilities for those Department of Energy (DOE) sites or
portions of sites for which environmental restoration, waste
disposal, and facility stabilization is expected to be
completed by the end of calendar year 2006. The report shall
include a description of what sites, whole and geographically
distinct locations, as well as specific disposal cells,
contained contamination areas, and entombed contaminated
facilities that cannot or are not anticipated to be cleaned up
to standards allowing for unrestricted use. The report shall
also identify the long-term stewardship responsibilities (for
example, longer than 30 years) that would be required at each
site, including soil and groundwater monitoring, record
keeping, and containment structure maintenance. In those cases
where the Department has a reasonably reliable estimate of
annual or long-term costs for stewardship activities, such
costs shall be provided. The Secretary shall attempt to provide
sufficient information to ensure confidence in the Department's
commitment to carrying out these long-term stewardship
responsibilities and to undertake the necessary management
responsibilities, including cost, scope, and schedule.
The conferees recognize that in many cases residual
contamination will be left after cleanup or will be contained
through disposal, and that such residual contamination and
wastes will require long-term stewardship to ensure that human
health and the environment are protected.
LEGISLATIVE PROVISIONS ADOPTED
Subtitle A--National Security Programs Authorizations
Weapons activities (sec. 3101)
The budget request included $4.5 billion for atomic
energy defense weapons activities of the Department of Energy
(DOE).
The Senate bill contained a provision (sec. 3101) that
would authorize $4.5 billion for weapons activities, a decrease
of $1.0 million.
The House amendment included a similar provision (sec.
3101) that would authorize $4.5 billion for weapons activities,
an increase of $8.5 million.
The Senate recedes in part and the House recedes in part.
The conferees agree to authorize $4.5 billion, a decrease
of $41.0 million from the requested amount. The amount
authorized is for the following activities: $2.3 billion for
stockpile stewardship, a decrease of $33.9 million; $2.0
billion for stockpile management, an increase of $25.0 million;
and $241.5 million for program direction, a decrease of $5.0
million. The conferees agree to decreases of $27.1 million as
follows: $6.1 million for contractor travel savings; $14.0
million from uncosted prior year funds; and $7.0 million from
stockpile stewardship and stockpile management construction
projects.
Accelerated Strategic Computing Initiative and Stockpile Computing
program
Of the amounts authorized to be appropriated for
stockpile stewardship, the conferees recommend $517.5 million
for the Accelerated Strategic Computing Initiative (ASCI) and
Stockpile Computing programs, a decrease of $25.0 million.
The conferees are disappointed that the Department of
Energy failed to follow congressional guidance included in the
statement of managers accompanying the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-
261) to slow the rate of acquisition in the ASCI and Stockpile
Computing programs. The conferees continue to support the ASCI
and Stockpile Computing programs, but believe that the
Department has not fully justified the rate of growth in this
program in light of other programmatic requirements of the
Office of Defense Programs. The conferees note that even at
this reduced level of funding, the ASCI and Stockpile Computing
programs will experience significant growth in funding levels
over fiscal year 1998 and 1999 funding levels.
The conferees support the Secretary of Energy's continued
utilization of the capabilities and facilities of the
Pittsburgh supercomputing Center to better meet the
Department's supercomputing needs in lieu of planned
acquisitions proposed within the ASCI program.
Inertial Confinement Fusion
Of the amounts authorized to be appropriated for
stockpile stewardship, the conferees recommend $227.6 million
for the inertial confinement fusion (ICF) program, an increase
of $10.0 million. Of the amounts authorized for ICF, $30.5
million shall be available for the University of Rochester's
Laboratory for Laser Energetics.
Technology partnerships and education
Of the amounts authorized to be appropriated for
stockpile stewardship, the conferees recommend $14.5 million
for the technology partnerships subaccount, a decrease of $7.7
million, and $18.6 million for the education subaccount, a
decrease of $11.2 million. Of the amounts available in the
technology partnerships and education, the conferees recommend
$5.0 million for the American Textiles Partnership project. The
conferees understand that DOE funding for this partnership will
end in fiscal year 2000. The conferees recommend no funds to
relocate, or prepare for relocation, the U.S. Atomic Museum in
Albuquerque, New Mexico. The conferees believe that the local
community derives the principal economic benefit from the
commercial activities at the museum and should, therefore, bear
the major share of any new construction costs. The conferees
recommend the requested amount of $6.0 million be made
available for the Northern New Mexico Educational Enrichment
Foundation. The conferees recommend the requested amount of
$8.0 million be made available for education support to the Los
Alamos school district, the requested amount.
The conferees believe that the Amarillo Plutonium
Research Center is more appropriately funded by the Office of
Fissile Materials Control and Disposition and, accordingly,
recommends no stockpile stewardship funds for this activity.
Stockpile management programs
The conferees recommend an increase of $25.0 million for
weapons production plants, to be allocated as follows: $15.0
million for the Kansas City Plant to support advanced
manufacturing efforts such as the Advanced Manufacturing,
Design and Production Technologies program, infrastructure
improvements, and skills retention; and $10.0 million for the
Pantex Plant to support scheduled workload requirements
associated with weapons dismantlement activities,
infrastructure improvements, and skills retention.
The conferees believe that the following activities are
more appropriately funded through the Office of Fissile
Materials Control and Disposition and that they be transferred
from the Office of Defense Programs to the Office of Fissile
Materials Disposition: storage of special nuclear materials
that have been designated surplus to U.S. military needs; the
Parallax mixed oxide fuel project at Los Alamos National
Laboratory; and plutonium pit disassembly and conversion
activities. The conferees believe that these activities are
more consistent with the missions and functions of the Office
of Fissile Materials Control and Disposition and direct the
Director of that office to assume responsibility for these
programs not later than fiscal year 2001. The conferees expect
that future years funding requirements for these activities
will be reflected in the budget request for the Office of
Fissile Materials Control and Disposition.
Tritium production
The conferees recommend $170.0 million for the tritium
production program. This amount includes full funding for the
Secretary's preferred tritium production option, the
procurement of irradiation services from an existing Tennessee
Valley Authority light water reactor under the Economy Act of
1932 (42 U.S.C. 1535). The conferees are, however, concerned
that the budget request may be insufficient to complete design
of critical elements of the Department's selected backup
technology, the accelerator production of tritium (APT). The
conferees note that a separate provision in this Act requires
the Secretary to provide sufficient funds to complete
engineering development and demonstration, preliminary design,
and detailed design of key elements of the APT system and to
complete engineering development and preliminary design of the
APT technology as a backup source of tritium consistent with
the Secretary's December 22, 1998, decision. The conferees
encourage the Secretary to utilize those stockpile management
funds necessary to complete design of these critical elements
of the APT system.
Program direction
The conferees recommend a $5.0 million decrease to the
budget request for program direction.
The conferees strongly encourage the Secretary to utilize
the authority to make voluntary separation incentive payments
authorized elsewhere by this Act. The conferees are
disappointed that the Department has failed to implement fully
the realignment recommendations described in the 1997 report of
the Institute for Defense Analysis on the management structure
for weapons activities of the Department. The statement of
managers accompanying the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85) directed the
Department to begin implementation of these recommendations as
soon as practicable. The conferees believe that the proposed
decrease to the program direction account can be achieved
through savings and efficiency gains resulting from
reorganization and program realignment efforts. The conferees
believe that the performance of the Office of Defense Programs
will be improved by eliminating duplicative efforts and by
streamlining management control of DOE weapons activities.
Defense Programs Campaigns
The conferees fully support the ``Defense Programs
Campaigns'' concept proposed by the Assistant Secretary of
Energy for Defense Programs. This concept will greatly assist
Congress in assessing the degree of integration among varied
experiments, simulation, research, and weapons assessments
activities carried out at the DOE weapons laboratories and
production plants. The conferees direct that future budget
weapons activities submittals reflect the campaign concept.
Defense environmental restoration and waste management (sec. 3102)
The budget request included $4.5 billion for defense
environmental management activities and $1.0 billion for
defense facility closure projects of the Department of Energy
(DOE).
The Senate bill contained a provision (sec. 3102) that
would authorize $5.5 billion for defense environmental
management activities, including closure projects, a reduction
of $36.0 million.
The House amendment included a similar provision (sec.
3102) that would authorize $5.7 billion for environmental
management activities, including closure projects, an increase
of $81.0 million.
The Senate recedes in part and the House recedes in part.
The conferees recommend an authorization of $5.5 billion for
defense environmental management activities, including closure
projects, a reduction of $73.0 million. The amount authorized
is for the following activities: $1.1 billion for closure
projects, an increase of $15.0 million; $980.9 million for site
and project completion, the amount of the request; $2.9 billion
for post-2006 completion, a decrease of $33.6 million; the
requested amount of $230.5 million for technology development;
and $339.4 million for program direction, a decrease of $10.0
million. The conferees agreed to decreases of $44.4 million as
follows: $2.4 million to account for reduced travel
expenditures and $42.0 to account for increased contractor
efficiencies to be gained through contract management reforms.
Defense facility closure projects
Of the amounts authorized for defense facility closure
projects, the conferees recommend an increase of $15.0 million
for the Rocky Flats Environmental Technology Site to ensure
that the closure deadline of 2000 is met.
Post-2006 completion
Of the amounts authorized for post-2006 completion, the
conferees recommend an increase of $15.0 million to address
planning, demonstration and other requirements associated with
modification of the Savannah River in-tank precipitation
process; an increase of $10.0 million to address Hanford
cleanup commitments, including the 324-B Cell project, the
Columbia River Corridor Initiative, reactor decontamination and
decommissioning, and Plutonium Finishing Plant stabilization
activities; an increase of $5.0 million for operations and
maintenance activities at the Hanford Tank Waste Remediation
System project; an increase of $5.0 million for the National
Spent Fuel Program; a reduction of $20.0 million for
environment, safety and health studies related to off-site
releases of contamination; a reduction of $40.3 million to the
Pit 9 project to account for uncosted, available funds; and a
total reduction of $8.3 million to construction projects 88-R-
830 and 94-E-602. The conferees recommend full funding for the
F-canyon and H-canyon materials processing facilities.
Technology development
Of the amounts authorized for the Office of Science and
Technology, the conferees recommend an increase of $5.0 million
for applied research and development activities to be offset by
a reduction to data base development and information management
activities, the risk policy program, and the environmental
management science program.
The conferees support the integration of industrial
programs and university based programs into the Environmental
Management technology focus areas. The conferees encourage the
Office of Science and Technology to continue its inclusion of
industry, universities, and nonprofit organizations in
technology development and deployment activities.
Program direction
The conferees recommend a reduction of $10.0 million to
program direction.
Columbia River Corridor Initiative
The conferees support the Columbia River Corridor
Initiative to accelerate cleanup along the Hanford Reach of the
Columbia River. The conferees direct the Assistant Secretary of
Energy for Environmental Management to establish a schedule by
which the 100 square miles of the Hanford site that adjoin the
Columbia River could be cleaned up on an accelerated schedule
and proposed for delisting from the National Priorities List of
the Environmental Protection Agency.
Other defense activities (sec. 3103)
The budget request included $1.8 billion for other
defense activities of the Department of Energy (DOE).
The Senate bill contained a provision (sec. 3103) that
would authorize $1.8 billion for other defense activities, an
increase of $29.0 million to the budget request.
The House amendment contained a provision (sec. 3103)
that would authorize $1.8 billion for other defense activities,
a decrease of $12.9 million to the budget request.
The Senate recedes in part and the House recedes in part.
The conferees agree to authorize $1.8 billion, an
increase of $13.9 million. The conferees agreed to a decrease
of $10.0 million as follows: $2.0 million to account for
reduced travel expenditures and $8.0 from uncosted prior year
funds. The conferees did not include the Department's proposed
offset of $12.6 million to fund counterintelligence programs.
Nonproliferation and national security
The conferees recommend $732.1 million for
nonproliferation and national security.
Arms control
The conferees recommend $276.0 million for arms control,
a reduction of $20.0 million. The conferees direct that this
reduction be taken in the Initiatives for Proliferation
Prevention program and the Nuclear Cities Initiative. The
conferees recommend $145.0 million for the international
materials protection, control, and accounting program, the
requested amount.
Security clearances
The conferees recommend $44.1 million for security
clearances, an increase of $14.1 million. The additional funds
would be used to decrease the backlog of background
investigations and to elevate certain DOE and contractor
employees' clearances, as would be required by a separate
provision in this Act.
International nuclear safety
The conferees recommend $24.7 million for international
nuclear safety, a reduction of $9.3 million.
Fissile materials control and disposition
The conferees recommend $200.0 million for fissile
materials control and disposition, the requested amount.
The conferees believe that many activities currently
carried out by the Office of Defense Programs would be more
appropriately carried out by the Office of Fissile Materials
Control and Disposition. The conferees direct that the Office
of Fissile Materials Control and Disposition assume
responsibility for the following activities currently funded
within the weapons activities account: storage of special
nuclear materials that have been designated surplus to U.S.
military needs; the Parallax mixed oxide fuel project at Los
Alamos National Laboratory; the Amarillo Plutonium Research
Center; and surplus plutonium pit disassembly and conversion
activities. The conferees believe that this action will more
accurately reflect the missions and functions of the Office of
Fissile Materials Control and Disposition. The conferees expect
that future year funding requirements for these activities will
be reflected in the materials disposition program budget
account.
The conferees believe that the Amarillo Plutonium
Research Center is more appropriately funded by the Office of
Fissile Materials Control and Disposition and, accordingly,
recommend $5.0 million for this activity.
The conferees are pleased to note the continuing progress
of the gas reactor development program and hope that this might
provide additional plutonium burning capacity in Russia.
Worker and community transition
The conferees recommend the requested amount of $30.0
million for worker and community transition.
Environment, safety and health-defense
The conferees recommend $98.0 million for environment,
safety and health-defense, an increase of $6.0 million.
Counterintelligence
The conferees recommend $39.2 million for the Office of
Counterintelligence, an increase of $8.0 million. The conferees
recommend that the additional funds be utilized to implement an
enhanced computer security program at DOE facilities, including
cyber security measures such as intrusion detection, early
warning, reporting, and analysis capabilities. The conferees
direct that priority be given to implementing such added
computer security at the three weapons laboratories.
Intelligence
The conferees recommend the requested amount of $36.0
million for the Office of Intelligence.
Naval Reactors
The conferees recommend $677.6 million for naval
reactors, an increase of $12.6 million. The conferees expect
these funds to be utilized to expedite decommissioning and
decontamination activities at surplus training facilities.
Defense nuclear waste disposal (sec. 3104)
The Senate bill contained a provision (sec. 3105) that
would authorize $112.0 million for the Department of Energy
(DOE) fiscal year 2000 defense contribution to the Defense
Nuclear Waste Fund. The authorized amount would be offset by
$39.0 million to account for transfer of funds to the Nuclear
Waste Disposal Fund.
The House amendment contained a similar provision (sec.
3104) that would authorize $73.0 million for the DOE fiscal
year 2000 defense contribution to the Defense Nuclear Waste
Fund.
The House recedes.
Defense environmental management privatization (sec. 3105)
The Senate bill contained a provision (sec. 3105) that
would authorize $241.0 million for defense environmental
management privatization projects, an increase of $13.0
million, to be allocated as follows: $106.0 million for the
Tank Waste Remediation System project, phase I (Richland);
$110.0 million for the Advanced Mixed Waste Treatment project
(Idaho); $5.0 million for spent nuclear fuel dry storage
(Idaho); and $20.0 million for environmental management/waste
management disposal (Oak Ridge). The provision declined to
recommend privatization funds for the Oak Ridge Transuranic
Waste Treatment project, which was moved to the Site and
Project Completion account. The provision further authorized
the use of $25.0 million in fiscal year 1998 unobligated,
uncosted balances within the Defense Environmental Management
Privatization account to reflect the cancellation of the spent
nuclear fuel transfer and storage project (Savannah River).
The House amendment included a similar provision (sec.
3105) that would authorize $253.0 million for defense
environmental management privatization projects, an increase of
$25.0 million, including $12.0 million for transuranic waste
treatment (Oak Ridge) and the use of $25.0 million in fiscal
year 1998 unobligated, uncosted balances to reflect the
cancellation of the spent nuclear fuel transfer and storage
project (Savannah River).
The Senate recedes.
The conferees declined to accept the request for a
multiyear funding authorization for defense environmental
management privatization activities. The conferees fully
support the Tank Waste Remediation System privatization project
at the Hanford site. The conferees believe that the
technological approach proposed to address the wastes stored in
the Hanford tanks is viable and realistic.
Subtitle B--Recurring General Provisions
Reprogramming (sec. 3121)
The Senate bill contained a provision (sec. 3121) that
would prohibit the reprogramming of funds in excess of 110
percent of the amount authorized for the program, or in excess
of $1.0 million above the amount authorized for the program,
until the Secretary of Energy submits a report to the
congressional defense committees and a period of 30 days has
elapsed after the date on which the report is received.
The House amendment contained a similar provision (sec.
3121) that would prohibit the reprogramming of funds until 60
days after the date the Secretary of Energy notifies the
congressional defense committees.
The Senate recedes with an amendment that would prohibit
the reprogramming of funds until 45 days after the date the
Secretary of Energy notifies the congressional defense
committees.
Limits on general plant projects (sec. 3122)
The Senate bill contained a provision (sec. 3122) that
would authorize the Secretary of Energy to carry out any
construction project authorized under general plant projects if
the total estimated cost does not exceed $5.0 million. The
provision would require the Secretary to submit a report to the
congressional defense committees detailing the reasons for the
cost variation if the cost of the project is revised to exceed
$5.0 million.
The House amendment contained an identical provision
(sec. 3122).
The conference agreement includes this provision.
Limits on construction projects (sec. 3123)
The Senate bill contained a provision (sec. 3123) that
would permit any construction project to be initiated and
continued only if the estimated cost for the project does not
exceed 125 percent of the higher of the amount authorized for
the project or the most recent total estimated cost presented
to the Congress as justification for such project. The
provision would prohibit the Secretary of Energy from exceeding
such limits until 30 legislative days after the Secretary submits to
the congressional defense committees a detailed report setting forth
the reasons for the increase. This provision would also specify that
the 125 percent limitation would not apply to projects estimated to
cost under $5.0 million.
The House amendment contained an identical provision
(sec. 3123).
The conference agreement includes this provision.
Fund transfer authority (sec. 3124)
The Senate bill contained a provision (sec. 3124) that
would permit funds authorized by this Act to be transferred to
other agencies of the government for performance of work for
which the funds were authorized and appropriated. The provision
would permit the merger of such transferred funds with the
authorizations of the agency to which they are transferred. The
provision would also limit, to not more than 5 percent of the
account, the amount of funds authorized by this Act that may be
transferred between authorization accounts within the
Department of Energy.
The House amendment contained an identical provision
(sec. 3124).
The conference agreement includes this provision.
Authority for conceptual and construction design (sec. 3125)
The Senate bill contained a provision (sec. 3125) that
would limit the authority of the Secretary of Energy to request
construction funding until the Secretary has completed a
conceptual design. This limitation would apply to construction
projects with a total estimated cost greater than $5.0 million.
If the estimated cost to prepare the construction design
exceeds $600,000, the provision would require the Secretary to
obtain a specific authorization to obligate such funds. If the
estimated cost to prepare the conceptual design exceeds $3.0
million, the provision would require the Secretary to request
funds for the conceptual design before requesting funds for
construction. The provision would further require the Secretary
to submit to Congress a report on each conceptual design
completed under this provision. The provision would also
provide an exception to these requirements in the case of an
emergency.
The House amendment contained an identical provision
(sec. 3125).
The conference agreement includes this provision.
Authority for emergency planning, design, and construction activities
(sec. 3126)
The Senate bill contained a provision (sec. 3126) that
would permit the Secretary of Energy to perform planning and
design with any funds available to the Department of Energy
pursuant to this title, including those funds authorized for
advance planning and construction design, whenever the
Secretary determines that the design must proceed expeditiously
to protect the public health and safety, to meet the needs of
national defense, or to protect property.
The House amendment contained an identical provision
(sec. 3126).
The conference agreement includes this provision.
Funds available for all national security programs of the Department of
Energy (sec. 3127)
The Senate bill contained a provision (sec. 3127) that
would authorize, subject to section 3121 of this Act, amounts
to be appropriated for management and support activities and
for general plant projects to be made available for use in
connection with all national security programs of the
Department of Energy.
The House amendment contained an identical provision
(sec. 3127).
The conference agreement includes this provision.
Availability of funds (sec. 3128)
The Senate bill contained a provision (sec. 3128) that
would authorize amounts to be appropriated for operating
expenses or for plant and capital equipment for the Department
of Energy to remain available until expended. Program direction
funds would remain available until the end of fiscal year 2002.
The House amendment contained an identical provision
(sec. 3128).
The conference agreement includes this provision.
Transfers of defense environmental management funds (sec. 3129)
The Senate bill contained a provision (sec. 3129) that
would provide the manager of each field office of the
Department of Energy with limited authority to transfer up to
$5.0 million in fiscal year 2000 defense environmental
management funds from one program or project under the
jurisdiction of the office to another such program or project,
including site project and completion and post 2006 completion
funds, once in a fiscal year.
The House amendment contained an identical provision
(sec. 3129).
The conference agreement includes this provision.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Prohibition on use of funds for certain activities under Formerly
Utilized Site Remedial Action Program (sec. 3131)
The Senate bill contained a provision (sec. 3131) that
would prohibit the use of funds, authorized to be appropriated
by this Act to conduct treatment, storage, or disposal actions
at Formerly Utilized Site Remedial Action Program sites in
fiscal year 2000 and beyond.
The House amendment contained no similar provision.
The House recedes.
Continuation of processing, treatment, and disposition of legacy
nuclear materials (sec. 3132)
The Senate bill contained a provision (sec. 3132) that
would require the Secretary of Energy to maintain a high state
of readiness at the F-canyon and H-canyon facilities at the
Savannah River site.
The House amendment contained no similar provision.
The House recedes.
The conferees note that maintaining F-canyon and H-canyon
facilities has been recommended by the Defense Nuclear
Facilities Safety Board and continues to be consistent with
Department of Energy program requirements.
Nuclear weapons stockpile life extension program (sec. 3133)
The Senate bill contained a provision (sec. 3133) that
would establish the Stockpile Life Extension Program (SLEP)
within the Department of Energy (DOE) Office of Defense
Programs. The provision would require the Secretary of Energy
to submit a long-range SLEP plan, including, but not limited
to: (1) detailed proposals for the remanufacture of each weapon
design designated to be included in the enduring stockpile; (2)
detailed proposals to expedite the collection of those data
necessary to support SLEP, such as materials and component
aging, new manufacturing techniques, and materials replacement
issues; (3) the role and mission of each DOE nuclear weapons
laboratory and production plant, including anticipated
workload, modernization, and skills retention requirements; and
(4) funding requirements for each program element, identified
by weapon type and facility. The provision would require the
SLEP plan to be provided to the congressional defense
committees not later than January 1, 2000. The provision would
also require the Secretary to update the plan each year and
submit it to the congressional defense committees at the same
time the President submits the annual budget to Congress. The
provision would further require the Secretary to request
adequate funds to carry out the activities identified in the
SLEP plan and in the annual SLEP plan updates.
The House amendment contained no similar provision.
The House recedes with an amendment that would also
require the long-term plan to include an identification of
funds that are needed to carry out the program in the current
fiscal year and the subsequent five fiscal years. The House
amendment would also require an independent assessment by the
Comptroller General of the United States to determine whether
the plan is executable in the current and future fiscal years.
Procedures for meeting tritium production requirements (sec. 3134)
The Senate bill contained a provision (sec. 3134) that
would require the Secretary of Energy to produce new tritium to
meet the requirements of the Nuclear Weapons Stockpile
Memorandum at the Tennessee Valley Authority (TVA) Watts Bar or
Sequoyah nuclear power plants, consistent with the Secretary's
December 22, 1998, decision designating the Department of
Energy's preferred tritium production technology. The provision
would require the Secretary to design and construct a new
tritium extraction facility in the H-Area of the Department of
Energy Savannah River Site in order to support fully the
Secretary's decision. The provision would further require the
Secretary to complete engineering development and preliminary
design of the Accelerator Production of Tritium (APT)
technology as a backup source of tritium to the Department of
Energy's preferred technology, consistent with the Secretary's
December 22, 1998, decision, and to make available those funds
necessary to complete engineering development and
demonstration, preliminary design, and detailed design of key
elements of the APT system, consistent with the Secretary's
decision of December 22, 1998.
The House amendment contained a similar provision (sec.
3161) that would require the Secretary of Energy to prepare a
plan to expedite design, completion, and construction of the
APT. The provision would require the Secretary to designate APT
as the primary technology for tritium production and implement
the APT plan, if amended licenses for the operation of
commercial light water reactors for tritium production have not
been completed by December 31, 2002.
The House recedes.
Independent cost estimate of accelerator production of tritium (sec.
3135)
The Senate bill contained a provision (sec. 3135)
thatwould require the Secretary of Energy to conduct an independent
cost estimate of the Accelerator Production of Tritium (APT) program at
the highest possible level given the state of maturity of the program,
but not less than a Type III ``sampling technique'' method as it is
currently defined by the Department of Energy. The Secretary would be
required to submit to the congressional defense committees a report on
the results of the cost estimate not later than April 1, 2000.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary to conduct an independent cost estimate at a
level of detail not less than a Type III ``parametric
estimate'' method, with some sampling where practicable.
The conferees note that the APT program has undergone
numerous independent cost estimates and reviews in support of
the Secretary's tritium selection decision. The conferees
further note that the Secretary's December 22, 1998, tritium
decision document states, ``[N]umerous reviews have provided
confidence that there are no technical roadblocks, and that the
costs of the project are well understood.'' The conferees
understand that the next independent cost estimate (ICE) review
of the preliminary design of the APT is scheduled for 2002. The
conferees expect the Department to continue engineering
development and preliminary design of key components of the APT
technology, as required by the Secretary's December 1998
tritium decision, and to maintain the current schedule for an
ICE review in 2002.
Nonproliferation initiatives and activities (sec. 3136)
The Senate bill contained a provision (sec. 3136) that
would: (1) limit the percentage of appropriated funds that may
be spent by the Department of Energy (DOE) laboratories to 40
percent; (2) express a sense of Congress that the President
enter into negotiations with the Russian government for the
purposes of entering into an agreement between the U.S. and
Russia to provide for a permanent exemption from taxation for
the Initiatives for Proliferation Prevention Program (IPP); and
(3) enhance the management, accountability, and oversight of
the IPP and Nuclear Cities Initiative.
The House amendment contained similar provisions (sec.
3131-3132) that would limit the percentage of funds
appropriated for the IPP program that are spent at the DOE
laboratories to 25 percent and would prohibit funds
appropriated for the IPP program from being used to pay Russian
government taxes and customs duties.
Both the Senate and the House recede.
The conferees agree to combine all three provisions. The
provision would prohibit the payment of Russian taxes but in
the event that the payment of Russian taxes is unavoidable, the
Secretary of Energy shall: (1) after such payment, submit a
report to the congressional defense committees explaining the
particular circumstances that would make such payment under the
IPP program unavoidable; and (2) ensure that sufficient
additional funds are provided to the IPP program to offset the
amount of such payment.
The conferees intend that in implementing the
requirements of subsection (6), subparagraph (B) of this
provision, if funds are reprogrammed to the IPP program to
offset the funds used to pay taxes, the Secretary shall use
established reprogramming procedures. The conferees note that
if the Department of Energy learns that recipients of IPP funds
have paid income or other taxes, the conferees expect that the
Secretary of Energy will notify the congressional defense
committees in accordance with subsection (6), subparagraph (A).
The conferees, troubled by the disproportionally large
share of the IPP funds that have remained in the DOE national
laboratories, have agreed to a funding restriction that limits
the amount of IPP funds spent in the DOE national laboratories
to 35 percent of the overall program funding. The DOE had
previously committed to achieving a 40 percent limitation. The
conferees recognize that meeting the 35 percent in fiscal year
2000 will be a challenge. While clearly the goal of the IPP
program is to ensure that the maximum amount of IPP funds reach
the program participants, DOE must also ensure that there is
adequate program oversight.
Support of theater ballistic missile defense activities of the
Department of Defense (sec. 3137)
The House amendment contained a provision (sec. 3134)
that would authorize $30.0 million for the following: stockpile
stewardship for theater ballistic missile defense technology
development, concept demonstration, and integrated testing to
improve reliability and reduce risk in hit-to-kill interceptors
for theater ballistic missile defenses; science and engineering
teams to address technical problems identified by the director
of the Ballistic Missile Defense Organization (BMDO) which are
critical to the acquisition of a theater ballistic missile
defense capability; and other research, development, and
demonstration activities that support the mission of BMDO. The
provision would also require that any such activities conform
to the memorandum of understanding (MOU) between the
Secretaries of Energy and Defense required by section 3131 of
the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85) and be funded either through direct
contributions or through a waiver of a federal administrative
charge, overhead costs, or other indirectcosts of the
Department of Energy (DOE) or its contractors.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize
$25.0 million for stockpile stewardship for theater ballistic
missile defense technology development. The amendment would
authorize such funds to be made available through direct
contributions or through a waiver of a federal administrative
charge, overhead costs, or other indirect costs of the DOE. The
amendment would further require that any such activities
conform to the MOU between the Secretary of Energy and the
Secretary of Defense.
Subtitle D--Matters Relating to Safeguards, Security, and
Counterintelligence
Short title (sec. 3141)
The Senate bill contained a provision (sec. 3151) that
would cite the title of subtitle D as ``Safeguards, Security,
and Counterintelligence at Department of Energy Facilities.''
The House amendment contained a provision (sec. 3181)
that would cite the title of subtitle F as ``The National
Security Information Protection Improvement Act.''
The House recedes.
Commission on Safeguards, Security, and Counterintelligence at
Department of Energy Facilities (sec. 3142)
The Senate bill included a provision (sec. 3152) that
would repeal sections 3161 and 3162(b) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85), to
eliminate the requirement for the Department of Energy Security
Management Board. The provision would create a permanent,
independent safeguards security, and counterintelligence
oversight commission to assess the adequacy of safeguards,
security, and counterintelligence at Department of Energy (DOE)
facilities. The provision would require the commission to
assess specifically the adequacy of: (1) safeguards, security,
and counterintelligence programs, plans, and budgets of each
DOE headquarters program element and each DOE field office; (2)
capabilities and skills within Headquarters and field
organizations; and (3) all relevant DOE guidance, including DOE
Orders, Presidential Decision Directives, and the Design Threat
Basis document. The provision would require the commission to
make recommendations regarding any changes in security or
counterintelligence policies and procedures necessary to
balance risk and capability in order to deter or react to
credible threats.
The provision would require the commission to be composed
of nine members serving four-year, staggered terms. The
provision would further require that appointments be made not
later than 60 days after enactment of the provision, as
follows: two by the Chairman of the Committee on Armed Services
of the Senate, in consultation with the ranking member of that
Committee; one by the ranking member of the Committee on Armed
Services of the Senate, in consultation with the Chairman of
that Committee; two by the Chairman of the Committee on Armed
Services of the House of Representatives, in consultation with
the ranking member of that Committee; one by the ranking member
of the Committee on Armed Services of the House of
Representatives, in consultation with the Chairman of that
Committee; one by the Secretary of Defense; one by the Director
of Central Intelligence; and one by the Director of the Federal
Bureau of Investigation. The provision would require that the
chairman of the commission be designated from among the members
of the commission by the Chairman of the Committee on Armed
Services of the Senate, in consultation with the Chairman of
the Committee on Armed Services of the House of
Representatives. The provision would require that the
commission submit to the congressional defense committees, not
later than February 15 of each year, an annual activities,
findings, and recommendations report. The provision would
require that the report include any recommendations for
legislation and administrative action.
The House amendment contained no similar provision.
The House recedes.
The conferees recommend that of the funds authorized to
be appropriated in fiscal year 2000 by sections 3101 and 3103,
not more than $1.0 million be available to the commission.
Background investigations of certain personnel at Department of Energy
facilities (sec. 3143)
The Senate bill contained a provision (sec. 3153) that
would require the conduct of a full background investigation,
meeting the requirements of section 145 of the Atomic Energy
Act of 1954 of any Department of Energy (DOE) employee or any
DOE contractor employee whose duties or assignments are
required to be carried out in physical proximity to locations
where restricted data or formerly restricted data may be
located or who has regular access to locations where Restricted
Data is located. The provision would require the Secretary to
meet requirements of this provision one year from the date of
enactment of this provision.
The House amendment contained no similar provision.
The House recedes with an amendment that would limit such
requirements to employees who work at a nuclear weapons
laboratory or a nuclear weapons production facility.
The conferees understand that this requirement will
result in increased costs to the Department of Energy. In order
to address this need, the conferees recommended an increase to
the budget request for security investigations, as discussed
elsewhere in this Act.
Conduct of security clearances (sec. 3144)
The Senate bill contained a provision (sec. 3163) that
would require that any background investigation on an
individual seeking a security clearance for access to
restricted data be conducted by the Federal Bureau of
Investigation (FBI). The provision would require the Director
of the FBI to comply with this requirement within one year. The
provision would further require the Director to submit to the
congressional defense committees, the Select Committee on
Intelligence of the Senate, and the Permanent Select Committee
on Intelligence of the House of Representatives a report on the
implementation of this provision, not later than six months
after the date of enactment of this Act.
The House amendment contained no similar provision.
The House recedes with an amendment that would limit the
requirement to those Department of Energy (DOE) employees and
DOE contractor employees who work in a program designated by
the Secretary of Energy as special access or personnel
assurance and accountability programs. The provision would
require the Director, within 18 months of the date of enactment
of this Act, to comply with this requirement. The provision
would also modify the report requirement by requiring an
assessment of the capability of the FBI to carry out this
provision, an estimate of the additional resources that would
be required, and the extent that contractor personnel would be
utilized.
Protection of classified information during laboratory-to-laboratory
exchanges (sec. 3145)
The Senate bill contained a provision (sec. 3164) that
would require the Secretary of Energy to ensure that all
Department of Energy (DOE) employees and DOE contractor
employees who participate in laboratory-to-laboratory
cooperative activities are fully trained in matters related to
the protection of classified information and potential
espionage and counterintelligence threats. The provision would
further authorize the Secretary to create a pool of
counterintelligence experts to be available to accompany DOE-
sponsored delegations overseas with the purpose of identifying
and mitigating potential espionage threats.
The House amendment contained no similar provision.
The House recedes.
Restrictions on access to national laboratories by foreign visitors
from sensitive countries (sec. 3146)
The Senate bill contained a provision (sec. 3156) that
would prohibit the obligation or expenditure of any funds
authorized to be appropriated or otherwise made available to
the Department of Energy (DOE) by section 3101 or 3103 of the
Senate bill for conducting a cooperative program (including
studies and planning) with the People's Republic of China,
Nations of the Former Soviet Union, or any nation designated as
a sensitive nation by the Secretary of State beginning on the
date that is 45 days after the date of enactment of this
provision and continuing until 30 days after the date on which
the Secretary of Energy, the Director of Central Intelligence,
and the Director of the Federal Bureau of Investigation
individually submit a certification that such programs: (1) are
compliant with DOE orders, regulations, and policies relating
to counterintelligence, safeguards and security, and personnel
assurance program matters; (2) are compliant with Presidential
Decision Directives and other regulations relating to
counterintelligence and safeguards and security matters; (3)
include adequate protections against inadvertent release of
restricted data, national security information, or any other
information that might harm the interests of the United States;
and (4) do not represent an undue risk to the national security
interests of the United States. The provision would require the
certification be provided to the congressional defense
committees, the Select Committee on Intelligence of the Senate,
and the Permanent Select Committee on Intelligence of the House
of Representatives. The prohibition would not apply to ongoing
activities carried out under title III of this Act relating to
cooperative threat reduction with states of the former Soviet
Union or to programs carried out pursuant to a provision noted
elsewhere in this Act for the materials protection control and
accounting program of the DOE, but would apply to the Nuclear
Cities Initiative and Initiatives for Proliferation Prevention.
The House amendment contained a similar provision (sec.
3190) that would require the Secretary of Energy to complete a
background review on any individual who is a citizen or agent
of a nation designated by the Secretary as sensitive before
such an individual would be permitted access to a DOE national
laboratory. The provision would prohibit any individual who is
a citizen or agent of a nation designated as sensitive by the
Secretary from entering a DOE national laboratory, beginning 30
days after the date of enactment of this section and continuing
until 45 days after the date that the DOE Director of
Counterintelligence, with the concurrence of the Director of
the Federal Bureau of Investigation, certifies that all
appropriate measures are in place to prevent espionage or
intelligence gathering activities by a sensitive nation. The
provision would authorize the Secretary to waive the
prohibition on any individual if he determines it is in the
national security interests of the United States. The
prohibition would not apply to any individual who is an
employee or assignee as of the date of enactment of this
provision, who has undergone a background review as required by
this provision, or who is the representative of a nation that
has entered into an agreement with the United States and the
admittance of that nation is deemed by the Secretary to be in
the interests of the United States.
The Senate recedes with an amendment that would require
the Secretary to complete a background review on any individual
who is a citizen or agent of a nation designated by the
Secretary as sensitive before such an individual would be
permitted access to a facility of a DOE national laboratory
other than areas where access is provided to the general
public. The amendment would prohibit any individual who is a
citizen or agent of a nation designated as sensitive by the
Secretary from entering a DOE national laboratory other than
areas accessible to the general public, beginning 30 days after
the date of enactment of this section and continuing until 45
days after the date that the DOE Director of
Counterintelligence, the Director of the Federal Bureau of
Investigation, and the Director of Central Intelligence
individually submits a certification that the foreign visitors
program at the national laboratories: (1) includes all
appropriate measures to prevent espionage or intelligence
gathering activities by a sensitive nation; (2) are compliant
with DOE orders, regulations, and policies relating to
counterintelligence, safeguards and security, and personnel
assurance program matters; (3) are compliant with Presidential
Decision Directives and other regulations relating to
counterintelligence and safeguards and security matters; (4)
include adequate protections against inadvertent release of
restricted data, national security information, or any other
information that might harm the interests of the United States;
and (5) do not represent an undue risk to the national security
interests of the United States. The provision would authorize
the Secretary to waive the prohibition on any individual or
delegation if he determines it is in the national security
interests of the United States to grant the waiver. The
prohibition would not apply to any individual who is an
employee or assignee of the Department of Energy or a DOE
contractor as of the date of enactment of this provision and
who has undergone a background review as required by this
provision. In addition, the provision would exempt from the
moratorium activities relating to the Cooperative Threat
Reduction Program or Materials Protection Control and
Accounting Program.
Department of Energy regulations relating to the safeguarding and
security of restricted data (sec. 3147)
The Senate bill contained a provision (sec. 3155) that
would amend the Atomic Energy Act of 1954 (42 U.S.C. 2282a) by
inserting a new section that would authorize the assessment of
civil penalties of not more than $100,000 per incidence for any
person who violates an applicable Department of Energy (DOE)
rule, regulation, or order related to safeguarding or securing
restricted data. The provision would further authorize the
Secretary of Energy to assess monetary penalties against
Department of Energy contractors for any violation of a law,
regulation, or Department of Energy Order relating to the
protection of restricted data or formerly restricted data.
The House amendment contained a similar provision (sec.
3167) that would authorize identical penalties, but would
eliminate an exemption in current law which would otherwise
have prohibited assessing such penalties against certain non-
profit contractors conducting work on behalf of the Department
of Energy.
The Senate recedes with an amendment that would limit the
amount of any penalties that could be levied against the non-
profit contractors to not more than the total fee earned by
such contractors in a given fiscal year. The amendment would
not allow the assessment of any penalties against such non-
profit contractors until they entered into a new contractual
agreement with the Department of Energy.
The conferees are concerned that lax management by both
the Department of Energy and its management and operating
contractors has led to increased risks to U.S. national
security. The conferees do not view this action as a precedent
for any future actions or discussion that may occur in the
coming deliberations on extension of the Price Anderson Act.
The conferees believe that protection of classified information
and materials is wholly within the control of such contractors
and that all DOE contractors, including non-profit entities,
should be accountable in this area.
Increased penalties for misuse of Restricted Data (sec. 3148)
The Senate bill contained a provision (sec. 3157) that
would modify the Atomic Energy Act of 1954 (42 U.S.C. 2274) by
doubling the penalties for release or misuse of Restricted
Data.
The House amendment contained a similar provision (sec.
3189) that would increase by twenty times the penalties for
release of Restricted Data.
The Senate recedes with an amendment that would increase
by five times the penalties for release of Restricted Data.
Supplement to plan for declassification of restricted data and formerly
restricted data (sec. 3149)
The Senate bill contained a provision (sec. 1076) that
would modify section 3161 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-
261) by requiring the Special Historical Records Review Plan,
prepared jointly by the Secretary of Energy and the Archivist
of the United States, to include those records that have been
or are currently in the process of being declassified pursuant
to Executive Order 12958.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Notice to congressional committees of certain security and
counterintelligence failures within nuclear energy defense
programs (sec. 3150)
The Senate bill contained a provision (sec. 3162) that
would require the Secretary of Energy, after consultation with
the Director of Central Intelligence and the Director of the
Federal Bureau of Investigation, to notify the congressional
defense committees of each serious security or
counterintelligence failure at a Department of Energy facility
that the Secretary considers likely to cause significant harm
of damage to the national security interests of the United
States. The provision would require the Secretary to submit
such notice not later than 30 days after learning of the
failure. The provision would require the Senate and the House
of Representatives to establish procedures to protect any
classified or law enforcement information included in such
notice.
The House amendment contained a similar provision (sec.
3166) that would require the Secretary of Energy to notify the
Armed Services Committees of the Senate and the House of
Representatives whenever the Secretary has any knowledge that
classified information relating to military applications of
nuclear energy has been disclosed in an unauthorized manner to
a foreign power or an agent of a foreign power.
The House recedes with an amendment that would require
the Secretary, after consultation with the Director of Central
Intelligence and the Director of the Federal Bureau of
Investigation, to notify the Armed Services Committees of the
Senate and the House of Representatives of each security or
counterintelligence failure or compromise of classified
information at a DOE facility or a facility operated by a DOE
contractor that the Secretary considers likely to cause
significant harm or damage to the national security interests
of the United States. The provision would require the Secretary
to submit such notice not later than 30 days after learning of
the failure. The provision would require the Senate and the
House of Representatives to establish procedures to protect any
classified or law enforcement information included in such
notice.
The conferees note that the Armed Services Committees of
the Senate and the House of Representatives are the committees
of Congress with primary oversight of atomic energy defense
activities of the Department of Energy. As such, the conferees
believe it is necessary that the two committees be kept fully
informed of any counterintelligence or security failure or a
serious compromise of classified information to a foreign
power, either through espionage or through willful or
accidental release by a U.S. citizen. This information is
essential in order that the committees can effectively carry
out appropriate oversight activities and determine if such a
disclosure of classified information caused significant damage
to U.S. national security interests. The conferees note that
nothing in this provision shall be construed to modify or
supersede any other requirement to report on intelligence-
related issues to the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of
the House or Representatives.
Annual report by the President on espionage by the Peoples Republic of
China (sec. 3151)
The House amendment contained a provision (sec. 3182)
that would require the President to submit a semi-annual report
to Congress regarding the steps taken by the Departments of
Energy and Defense, Federal Bureau of Investigation, Central
Intelligence Agency, and other relevant agencies to respond to
espionage activities of the People's Republic of China. The
first report would be required to be submitted not later than
January 1, 2000.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the President to submit an annual report to Congress not later
than March 1 of each fiscal year.
Report on counterintelligence and security practices at national
laboratories (sec. 3152)
The House amendment contained a provision (sec. 3169)
that would require the Secretary of Energy to submit a report
to Congress not later than March 1 of each year regarding the
status of counterintelligence activities at Department of
Energy (DOE) national laboratories, regardless of whether or
not such laboratories carry out classified activities. The
provision would require the report to include for each
laboratory a description of: (1) the number of full time
counterintelligence and security professionals employed; (2)
the counterintelligence and security training courses conducted
and any requirement that employees successfully complete such
courses; (3) each contract awarded that provides an incentive
for the effective performance of counterintelligence or
security activities; (4) the services provided by employee
assistance programs; (5) any requirement that an employee
report foreign travel, regardless of whether such travel was
for personal or professional purposes; and (6) any visit by the
Secretary of Energy or the Deputy Secretary of Energy a purpose
of which was to emphasize to employees the need for effective
counterintelligence and security practices.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Energy to submit a report to Congress not
later than March 1 of each year regarding the status of
counterintelligence activities at DOE national laboratories,
regardless of whether or not such laboratories carry out
classified activities. The provision would require the report
to include for each laboratory a description of: (1) the number
of full time Federal and contractor counterintelligence and
security professionals employed; (2) the counterintelligence
and security training courses conducted and any requirement
that employees successfully complete such courses; (3) each
contract awarded that provides an incentive for the effective
performance of counterintelligence or security activities; (4)
any requirement that an employee obtain approval and report
foreign travel to a sensitive country, regardless of whether
such travel was for personal or professional purposes; and (5)
the number of trips by employees to sensitive countries.
Report on security vulnerabilities of national laboratory computers
(sec. 3153)
The House amendment contained a provision (sec. 3193)
that would require the National Counterintelligence Policy
Board, after consultation with the Director of
Counterintelligence of the Department of Energy (DOE), to
submit annually not later than March 1 of each year to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the security vulnerabilities of the
computers at the DOE national laboratories.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the National Counterintelligence Policy Board to submit a
report not later than March 1, 2000, but would not require
consultation with the Director of Counterintelligence of DOE.
Department of Energy counterintelligence polygraph program (sec. 3154)
The Senate bill contained a provision (sec. 3154) that
would require the Secretary of Energy to prepare a plan
describing how Department of Energy (DOE) employees and DOE
contractor employees who have regular access to Restricted Data
or Sensitive Compartmented Information might be polygraphed on
periodic basis as part of a personnel assurance program. The
plan would be submitted to the defense committees of Congress
not later than 120 days after enactment of this provision. The
plan would include recommendations for any legislation
necessary to implement the plan. The provision would further
prohibit obligation of more than 50 percent of the funds
authorized to be appropriated or other wise made available to
the Department of Energy in fiscal year 2000 for travel
expenses until the plan is received by the defense committees
of Congress.
The House amendment contained a similar provision (sec.
3168) that would require the Secretary of Energy to conduct, on
a regular basis, counterintelligence polygraph examinations of
DOE employees and contractor and consultant employees who have
access to a program that the Director of Central Intelligence
and the DOE Assistant Secretary for Defense Programs determine
require special access restrictions. No covered employees would
be granted access to such programs until they first undergo a
counterintelligence polygraph examination. The provision would
further require the Secretary to conduct polygraph re-
examinations no less frequently than every five years or
whenever the DOE Director of Counterintelligence determines is
necessary.
The Senate recedes with an amendment that would require
the Secretary of Energy to ensure that any new DOE, DOE
contractor, or DOE consultant employee successfully complete a
counterintelligence polygraph examination prior to being hired,
if the Secretary determines that such an employee will have
access to a program that the Secretary determines requires
special access restrictions. Further, the amendment would
require that a DOE, DOE contractor, or DOE consultant employee
successfully complete a counterintelligence polygraph
examination on a regular basis, but in no instance less than
once every five years, if the employee has access to a program
that the Secretary determines requires special access
restrictions. No covered employees would be granted access to
such programs until successfully completing a
counterintelligence polygraph examination. The provision would
further require the Secretary to conduct polygraph re-
examinations no less frequently than every five years or
whenever the Secretary determines is necessary.
The conferees direct that the Secretary not use failure
of such polygraph examinations as the sole basis for the
removal of any covered employee. The conferees further direct
that such polygraph examinations not include questions
regarding lifestyles.
Definition of national laboratory and nuclear weapons production
facility (sec. 3155)
The House amendment contained a provision (sec. 3195)
that would define national laboratory as the Lawrence Livermore
National Laboratory, the Los Alamos National Laboratory, and
the Sandia National Laboratories for the purposes of subtitle F
of the House amendment.
The Senate bill contained no similar provision.
The Senate recedes.
Definition of Restricted Data (sec. 3156)
The Senate bill contained a provision (sec. 3165) that
would define Restricted Data for the purposes of subtitle D of
the Senate bill.
The House amendment contained no similar provision.
The House recedes.
Subtitle E--Matters Relating to Personnel
Extension of authority of Department of Energy to pay voluntary
separation incentive payments (sec. 3161)
The Senate bill contained a provision (sec. 3173) that
would extend for a period of two years the authority of the
Secretary of Energy to pay voluntary separation incentive
payments to certain Federal employees.
The House amendment contained a provision (sec. 3162)
that would extend the authority of the Secretary of Energy to
pay voluntary separation incentive payments for one year and
increase the amount of the contribution to the federal
retirement system for employees of the Department from fifteen
percent of the employee's salary to twenty-six percent. The
provision would further require the Secretary to submit a
report on the Department's use of this authority.
The House recedes with an amendment that would extend the
authority of the Secretary of Energy to pay voluntary
separation incentive payments for one year. The provision would
further require the Secretary to submit a report on the
Department's use of this authority.
The conferees believe that this authority is an essential
tool available to the Office of Defense Programs to shape its
future skills and capabilities as it reorganizes and downsizes
its federal workforce. The conferees note that several recent
reports, including ``The Organization and Management of the
Nuclear Weapons Program,'' issued by the Institute for Defense
Analyses in February1997, and the report of the Commission on
Sustaining U.S. Nuclear Weapons Expertise, issued March 15, 1999, have
concluded that the Department's Weapons Activities program is over-
staffed in its management and oversight functions. In spite of these
conclusions, defense programs personnel levels have remained steady
since fiscal year 1998 and are projected to remain steady through
fiscal year 2000. The conferees further note that this authority has
been extended several additional years and believe that any further
extension would be difficult to justify in the future. The conferees
believe further reductions in federal staffing are justified and
encourage the Department to make effective use of this authority.
Fellowship program for development of skills critical to the Department
of Energy nuclear weapons complex (sec. 3162)
The House amendment contained a provision (sec. 3163)
that would amend section 3140 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106)
which authorizes the establishment of a fellowship program for
graduate and postdoctoral students who are U.S. citizens
specializing in physical sciences relevant to the nuclear
weapons complex. The provision would require recipients to work
for at least one year as a Department of Energy employee. The
provision would also require the Secretary of Energy to submit
to the congressional defense committees by January 1, 2000 a
plan establishing criteria for the awarding of fellowships and
a description of service obligations to be incurred by
fellowship recipients. The provision would also authorize $5.0
million for the fellowship program.
The Senate bill contained no similar provision.
The Senate recedes.
Maintenance of nuclear weapons expertise in the Department of Defense
and Department of Energy (sec. 3163)
The Senate bill contained a provision (sec. 3171) that
would enact measures to assist with nuclear weapons expertise
within the Departments of Defense and Energy and their
contractor workforces. The provision would: (1) revitalize the
role of the joint Department of Energy-Department of Defense
Nuclear Weapons Council to oversee the nuclear missions of the
Departments of Energy and Defense; (2) require the Secretary of
Defense, in consultation with the Secretary of Energy, to
submit an annual report on the activities of the weapons
council; (3) require the Secretary of Defense to prepare a
Nuclear Mission Management Plan; (4) require the Secretaries of
Energy and Defense to prepare a Nuclear Expertise Retention
Plan; (5) require that any reports on critical difficulties at
nuclear weapons plants or laboratories of the Department of
Energy be included in the supporting documents accompanying the
annual nuclear stockpile certification sent to the President;
and (6) amend section 179 of title 10, United States Code, to
provide a mechanism to appoint an acting staff director for the
Nuclear Weapons Council in the event the position is vacant for
more than nine months.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
The conferees note with continuing concern that the
important position of Assistant to the Secretary of Defense for
Nuclear, Chemical, and Biological Defense remains vacant. The
conferees note this statutorily created position plays a vital
role in maintaining viability and safety of the nuclear
deterrent of the United States. The conferees encourage the
President to fill this position as rapidly as possible.
Whistleblower protection program (sec. 3164)
The Senate bill included a provision (sec. 3160) that
would require the Secretary of Energy to establish a
whistleblower protection program to ensure that no Department
of Energy (DOE) employee or DOE contractor employee may be
discharged, demoted, or otherwise discriminated against as a
reprisal for disclosing information relating to the protection
of classified information which the employee reasonably
believes to provide direct and specific evidence of a violation
of any federal law, gross mismanagement, a gross waste of
funds, abuse of authority, of a false statement to Congress on
a material fact. The provision would protect such disclosures
of information only if they are made to a federal entity
designated by the Secretary of Energy to receive such
information, the Federal Bureau of Investigation, the Inspector
General of the Department of Energy, or a member of a committee
of Congress having primary responsibility for oversight of the
department, agency, element of the federal government to which
the information relates, an employee of a committee of Congress
having primary responsibility for oversight of the department,
agency, element of the federal government to which the
information relates and who holds an appropriate security
clearance for access to the information.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Energy, acting through the Inspector General,
to provide assistance and guidance to each protected individual
who seeks to make a protected disclosure under this section to
include: (1) identifying the persons or entities to which a
disclosure may be made; (2) advising individuals on the steps
to be taken to protectthe security of the information to be
disclosed; (3) taking appropriate actions to protect the identity of
that individual throughout that disclosure; and (4) taking appropriate
actions to coordinate that disclosure with any other federal agency or
agencies that originated the information. The provision would require
the Secretary to notify individuals of their rights under this section.
The provision would further require the DOE Office of
Hearings and Appeals to review any complaint submitted by a DOE
employee or DOE contractor employee who alleges that the
employee has been discharged, demoted, or otherwise
discriminated against as a reprisal for disclosing information
relating to the protection of classified information which the
employee reasonably believes to provide direct and specific
evidence of a violation of any federal law, gross
mismanagement, a gross waste of funds, abuse of authority, of a
false statement to Congress on a material fact. The provision
would further require that the information must have been
disclosed pursuant to procedures established by the DOE
Inspector General to protect the security of the information to
be disclosed. The Office of Hearings and Appeals would be
required to investigate all such complaints that are determined
to be not frivolous. The provision would require the Office of
Hearings and Appeals would be required to provide an annual
report on all such investigations and a summary of the results
of such investigations to the congressional defense committees.
In addition, the provision would require the Secretary to take
remedial action when appropriate. The provision would further
require the Secretary to submit a report to the congressional
defense committees describing how the program would be
implemented.
Subtitle F--Other Matters
Requirement for plan to improve reprogramming processes (sec. 3171)
The conferees included a provision that would require the
Secretary of Energy to submit to the congressional defense
committees, not later than November 15, 1999, a report on
improving the reprogramming processes relating to the defense
activities of the Department of Energy.
Integrated fissile materials management plan (sec. 3172)
The Senate bill contained a provision (sec. 3174) that
would require the Secretary of Energy to develop a long-term
integrated fissile materials management plan describing: (1)
how the overlapping responsibilities of the Offices of
Environmental Management, Nuclear Energy, Fissile Materials
Disposition, and Defense Programs could achieve budgetary
efficiencies through the consolidation or integration of
fissile materials treatment, storage or disposition activities;
and (2) any investments necessary at Department of Energy (DOE)
sites that are anticipated to have an enduring plutonium
management mission. The provision would require the plan to be
submitted to the congressional defense committees not later
than February 1, 2000.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary to submit the plan not later than March 31, 2000.
The conferees believe that the DOE Offices of
Environmental Management, Nuclear Energy, Fissile Materials
Disposition, and Defense Programs have several overlapping and
redundant activities in the area of plutonium and uranium
management and that the Department can achieve programmatic and
budgetary efficiencies by consolidating some activities of
these offices.
Identification in budget materials of amounts for declassification
activities and limitation on expenditures for such activities
(sec. 3173)
The House amendment contained a provision (sec. 3164)
that would require that any future budget request submitted to
the Congress by the Department of Energy (DOE) continue to
identify, as a budgetary line item, funds that would be used to
declassify records pursuant to Executive Order 12958 or to
comply with any subsequent statutory declassification
requirements. The provision would further limit the expenditure
of funds by the Secretary of Energy for the declassification of
records during fiscal year 2000 to no more than $8.5 million.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
that any future budget request submitted to the Congress by the
Department identify, as a budgetary line item, funds that would
be used to declassify records pursuant to Executive Order 12958
or to comply with any subsequent statutory declassification
requirements. The provision would prohibit the automatic
declassification of any DOE document that has not been reviewed
for declassification unless the Secretary certifies to Congress
that such declassification will not harm the national security
of the United States. The provision would further require the
Secretary to submit a report to the Committees on Armed
Services of the Senate and House of Representatives on the
efforts of DOE to declassify documents under its control.
The conferees note that the report required by this
provision need not include information relating to any
classification review or assessment conducted by DOE for any
other federal agency.
Sense of Congress regarding technology transfer coordination for
Department of Energy national laboratories (sec. 3174)
The House amendment contained a provision (sec. 3170)
that would require the Secretary of Energy to ensure for the
Sandia National Laboratories, Los Alamos National Laboratory,
and Lawrence Livermore National Laboratory that: (1) technology
transfer policies in patenting, licensing, and
commercialization are consistent with other Department of
Energy sites; (2) the contractor operating the laboratory make
available to aggrieved private-sector entities expedited
alternative dispute resolution procedures, including binding
and non-binding procedures, to resolve commercialization,
license, or patent disputes where the contractor is alleged to
be at fault; (3) the alternative dispute resolution procedure
to be utilized in any disputes be chosen jointly by the
Secretary, the site contractor, and the aggrieved party; (4)
the contractor submit an annual report to the Secretary
regarding technology transfer successes, current technology
transfer disputes involving the laboratory, and progress toward
resolving such disputes; and (5) training of laboratory
personnel responsible for patenting, licensing, and
commercialization activities is adequate to ensure such
employees are knowledgeable of appropriate legal, procedural,
and ethical standards.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would express a
sense of Congress that technology transfer policies in
patenting, licensing, and commercialization at DOE national
laboratories should be consistent and that training of
laboratory personnel responsible for patenting, licensing, and
commercialization activities be adequate to ensure such
employees are knowledgeable of appropriate legal, procedural,
and ethical standards.
Pilot program for project management oversight regarding Department of
Energy construction projects (sec. 3175)
The Senate bill contained a provision (sec. 3176) that
would direct the Secretary of Energy to initiate a project
management oversight (PMO) pilot effort in at least one defense
program and one environmental management construction project
with a total estimated cost of at least $25.0 million. The PMO
pilot projects would assess the effectiveness of using PMO
service providers to help control cost and schedule overruns at
large Department of Energy (DOE) construction projects. Such
services would include monitoring the project's progress in
order to determine if the project is on time, within budget, in
conformance with the approved plans and specifications, and
being implemented efficiently and effectively. The provision
would require the Secretary to submit a report to the
congressional defense committees on the effectiveness of the
pilots not later than September 1, 2000. The provision would
also require the Secretary to procure such services on a
competitive basis from among those commercial firms that have
expertise in managing large construction projects but do not
currently manage or operate a facility where a pilot would be
conducted.
The House amendment contained no similar provision.
The House recedes.
The conferees remain concerned that DOE has failed to
take appropriate action to control the costs of large
construction projects at DOE facilities. The conferees note a
finding by the General Accounting Office that, as of April 15,
1999, all fiscal year 1999 new construction starts in the
Office of Defense Programs were behind schedule by at least
five months. The conferees further note that most large
commercial construction projects enlist PMO-type services
oversee day-to-day construction matters on behalf of the
project owners. The conferees believe that the DOE, as an
``owner'' of many large and complex construction projects,
would greatly benefit from PMO services.
Pilot program of Department of Energy to authorize use of prior year
unobligated balances for accelerated site cleanup at Rocky
Flats Environmental Technology Site, Colorado (sec. 3176)
The Senate bill contained a provision (sec. 3175) that
would authorize the Secretary of Energy to utilize funds
payable as award fees to contractors at a Department of Energy
(DOE) closure site for the purpose of conducting additional
cleanup activities at that site. The Senate provision would
specify that funds be so used if the Secretary determines that
such funds are not anticipated to be paid as award fees in the
fiscal year that such funds are authorized to be appropriated
and if the use of such funds for additional cleanup will not
result in a deferral of payment of award fees at the site of
more than 12 months. The provision would require the Secretary
to report to the congressional defense committees not later
than 30 days after exercising the authority granted by this
provision.
The House amendment contained no similar provision.
The House recedes with an amendment that would create a
three-year pilot program at the Rocky Flats Environmental
Technology Site under which the Secretary would be authorized
to use up to $15.0 million of prior year unobligated balances
in the defense environmental management account for accelerated
cleanup at the Rocky Flats site. The provision would require
the Secretary to notify the congressional defense committees
not less than 30 days prior to exercising the authority granted
by this provision and submit a report to the congressional
defense committees, notlater than July 31, 2002, on whether the
authority granted by this provision should be extended.
The conferees direct that the Secretary, in notifying the
congressional defense committees of an intent to utilize this
authority, provide information at a level of detail that is
comparable to any reprogramming request submitted pursuant to
section 3121 of this Act.
Proposed schedule for shipments of waste from the Rocky Flats
Environmental Technology Site, Colorado, to the Waste Isolation
Pilot Plant, New Mexico (sec. 3177)
The Senate bill contained a provision (sec. 3178) that
would require the Secretary of Energy to submit to the
Committees on Armed Services of the Senate and House of
Representatives, not later than 60 days after enactment of this
Act, a proposed schedule for the commencement of shipments of
waste from the Rocky Flats Environmental Technology Site to the
Waste Isolation Pilot Plant.
The House amendment contained no similar provision.
The House recedes with an amendment that would include in
the schedule a timetable for obtaining shipping containers and
would also require the Secretary to submit the proposed
schedule to the Committee on Commerce of the House of
Representatives.
Comptroller General report on closure of Rocky Flats Environmental
Technology Site, Colorado (sec. 3178)
The Senate bill contained a provision (sec. 3179) that
would require the Comptroller General of the United States to
submit a report to the Armed Services Committees of the Senate
and House of Representatives, not later than December 31, 2000,
assessing the progress made in closing the Rocky Flats
Environmental Technology Site. The provision would require the
report would include the following elements: how future use
decisions affect ongoing cleanup; whether the Secretary of
Energy could provide additional flexibility to the site
operating contractor; whether the Secretary could take actions
at other Department of Energy sites that would accelerate
closure of Rocky Flats; any additional developments that have
occurred since the April 1999 Comptroller General report on
Rocky Flats closure; the likelihood that the site will meet its
2006 closure goal; and those actions that the Secretary could
take to ensure that the 2006 closure goal is met.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Comptroller General to assess how any failures to decide
future uses of the site might affect current cleanup activities
as well as any impact the proposed schedule to move mixed and
un-mixed radioactive wastes to off-site locations will have on
ongoing cleanup activities. The House amendment would further
require the Comptroller General report to include
recommendations for methods to accelerate closure of the site.
Extension of review of Waste Isolation Pilot Plant, New Mexico (sec.
3179)
The Senate bill contained a provision (sec. 3177) that
would extend the authorization for the Waste Isolation Pilot
Plant (WIPP) Environmental Evaluation Group for five additional
one-year periods.
The House amendment contained no similar provision.
The House recedes.
The conferees note that the Environmental Evaluation
Group provides independent reviews and evaluations of the WIPP
design, construction, and operation as they relate to the
protection of public health, safety, and the environment.
LEGISLATIVE PROVISIONS NOT ADOPTED
Civil monetary penalties for violations of Department of Energy
regulations relating to the safeguarding and securing of
restricted data
The House amendment contained a provision (sec. 3188)
that would amend the Atomic Energy Act of 1954 (42 U.S.C.
2282a) by inserting a new section that would authorize the
assessment of civil penalties of not more than $500,000 per
incidence for any person who commits a gross violation of an
applicable Department of Energy rule, regulation, or order
related to safeguarding or securing Restricted Data. The
provision would further authorize the Secretary of Energy to
assess monetary penalties against Department of Energy
contractors, for any violation of a law, regulation, or
Department of Energy Order relating to the protection of
Restricted Data or Formerly Restricted Data.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the substance of this provision
is addressed elsewhere in this Act.
Commission on Nuclear Weapons Management
The House amendment contained provisions (secs. 3151-
3159) that would establish a Commission on Nuclear Weapons
Management to examine the organizational and management
structures within the Departments of Energy and Defense. The
Commission would examine nuclear weapons: policy and standards;
generation requirements; stockpile inspection and
certification; research, development, and design;manufacturing,
assembly, disassembly, refurbishment, surveillance, and storage;
operations and maintenance; construction projects; and sustainment and
development of high-quality personnel. The provision would address the
procedures by which the members of the commission would be selected,
the general rules governing the operation of the commission, the duties
of the commission, the commission's reporting requirements, and the
commission's powers.
The Senate bill contained no similar provision.
The House recedes.
Department of Energy counterintelligence cyber security program
The House amendment contained a provision (sec. 3106)
that would authorize an increase of $8.6 million in Department
of Energy (DOE) cyber security programs and would offset this
amount through reductions to the Environmental Management,
Defense Programs, and Other Defense accounts.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that additional funds for DOE cyber
security programs have been included in section 3103 of this
Act.
Department of Energy polygraph examinations
The House amendment contained a provision (sec. 3187)
that would require the Secretary of Energy to conduct, on a
regular basis, counterintelligence polygraph examinations of
certain Department of Energy (DOE) employees and contractor and
consultant employees who have access to a program that the
Director of Central Intelligence and the DOE Assistant
Secretary for Defense Programs determine special access
restrictions. The provision would further require the Secretary
to prescribe those regulations necessary to carry out this
section.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the substance of this provision
is addressed elsewhere in this Act.
Investigation and remediation of alleged reprisals for disclosure of
certain information to Congress
The Senate bill included a provision (sec. 3161) that
would require the Inspector General of the Department of Energy
(DOE) to review all complaints by DOE employees or DOE
contractor employees that such employees have been discharged,
demoted, or otherwise discriminated against as a reprisal for
disclosing information relating to the protection of classified
information that the employee reasonably believes would provide
direct and specific evidence of a violation of any federal law,
gross mismanagement, a gross waste of funds, abuse of
authority, or a false statement to Congress on a material fact.
The provision would require that the information be disclosed
pursuant to section 3160 of the Senate bill. The provision
would require the Inspector General to investigate all such
complaints determined to be not frivolous. The provision would
also require the Inspector General to provide a quarterly
report all such investigations and a summary of the results of
such investigations to the congressional defense committees. In
addition, the provision would require the Secretary to take
remedial action when appropriate.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that the substance of this provision
would be addressed elsewhere in this conference report.
Modification of laboratory-directed research and development to provide
funds for theater ballistic missile defense
The House amendment contained a provision (sec. 3133)
that would amend section 3132 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510) by
reducing the maximum laboratory directed research and
development (LDRD) surcharge from six percent to three percent.
The provision would also establish a three percent surcharge to
fund theater ballistic missile defense (BMD) development
projects at the national weapons laboratories. The provision
would require that such projects be established and executed
consistent with the memorandum of understanding between the
Secretaries of Energy and Defense required by section 3131 of
the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85).
The Senate bill contained no similar amendment.
The House recedes.
The conferees note that LDRD is a discretionary fund used
by the directors of the Department of Energy national security
laboratories to undertake innovative research and development
initiatives proposed by laboratory personnel. However, the
conferees believe that the laboratory directors should make
every effort to prioritize and coordinate LDRD efforts. The
conferees urge the laboratory directors to fully utilize
resources of the laboratories to focus LDRD initiatives on
significant national security challenges that confront the
nation, such as theater ballistic missile defense. The
conferees direct that these activities be consistent with the
memorandum of understanding noted above.
Report on whether the Department of Energy should continue to maintain
nuclear weapons responsibility
The House amendment contained a provision (sec. 3183)
that would require the President to submit to Congress, not
later than January 1, 2000, a report regarding alternative
organizational arrangements for managing nuclear weapons
development, testing, and maintenance within the Department of
Energy, including reestablishment of the Atomic Energy
Commission as an independent agency.
The Senate bill contained no similar provision.
The House recedes.
Title XXXII--National Nuclear Security Administration
The House amendment contained a provision (sec. 3165)
that would require the Secretary of Energy to assign to the
Assistant Secretary of Energy for Defense Programs direct
authority over, and responsibility for, the nuclear weapons
production facilities and national laboratories with respect to
strategic management, policy development and guidance, budget
guidance and formulation, resource requirements determinations
and allocations, administration of contracts, environmental
safety and health operations, integrated safety and management,
safeguard and security operations, and relations with
government agencies. The provision would also establish that
certain nuclear weapons production facilities, national
laboratories, and operations offices report directly to the
Assistant Secretary for Defense Programs. The provision would
further allow the Assistant Secretary to delegate to such
operations offices a number of support functions, including
operational activities, program execution, personnel,
contracting and procurement, facility operations oversight, and
integration of production and research activities.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would
substantially reorganize the national security programs of the
Department of Energy (DOE).
The conferees note that the Select Committee on U.S.
National Security and Military/Commercial Concerns with the
People's Republic of China (known as the Cox Committee)
concluded that Chinese espionage efforts had successfully
gathered sensitive information related to U.S. nuclear weapons
designs. The conferees further note that the President's
Foreign Intelligence Advisory Board (PFIAB), chaired by former
Senator Warren Rudman, after reviewing the security failures at
DOE concluded that the root causes of the counterintelligence
failures pertained to poor organization and a failure of
accountability. The PFIAB noted that many previous efforts to
improve organization and accountability at DOE had failed, and
concluded that ``. . . the Department of Energy is a
dysfunctional bureaucracy that has proven incapable of
reforming itself.''
To correct these systemic problems, the conferees agree
to establish the National Nuclear Security Administration
(NNSA), a semi-autonomous agency within the Department that
would be responsible for nuclear weapons development, naval
nuclear propulsion, defense nuclear nonproliferation, and
fissile material disposition; establish security,
counterintelligence, and intelligence offices; and prescribe
personnel, budgeting, and other management practices for the
NNSA.
Short title (sec. 3201)
The conferees agree to include a provision that would
provide that this title may be cited as the ``National Nuclear
Security Administration Act.''
Under Secretary for Nuclear Security of Department of Energy (sec.
3202)
The conferees agree to include a provision that would
amend the Department of Energy Organization Act (42 U.S.C.
7132) to establish in the Department of Energy an Under
Secretary for Nuclear Security appointed by the President with
the advice and consent of the Senate. The Under Secretary would
serve as the Administrator for Nuclear Security under the
National Nuclear Security Administration Act. As Administrator,
the Under Secretary would be subject to the authority,
direction, and control of the Secretary of Energy. Such
authority, direction, and control could only be delegated to
the Deputy Secretary of Energy.
Establishment of policy for National Nuclear Security Administration
(sec. 3203)
The conferees agree to include a provision that would
provide that the Secretary of Energy, acting through the Under
Secretary of Nuclear Security, shall be responsible for
establishing policy for the National Nuclear Security
Administration. The Secretary could direct officials of the
Department of Energy who are not within the National Nuclear
Security Administration to review programs and activities of
the Administration and to make recommendations to the Secretary
regarding administration of those programs.
Organization of Department of Energy counterintelligence and
intelligence programs and activities (sec. 3204)
The conferees agree to include a provision that would
amend the Department of Energy Organization Act (42 U.S.C.
7101) to specify that the Secretary of Energy shall
beresponsible for developing, and promulgating the security,
counterintelligence, and intelligence policies of the Department of
Energy. This provision would also establish the Department of Energy
offices of Counterintelligence and Intelligence.
The Director of the Department of Energy Office of
Counterintelligence would be a member of the Senior Executive
Service and would be responsible for establishing policy for
counterintelligence programs and activities at Department of
Energy facilities in order to reduce the threat of disclosure
of classified and other sensitive information at the Department
facilities. The provision would also require the Director of
the Office of Counterintelligence to report on the status and
the effectiveness of the counterintelligence programs at
facilities of the Department of Energy during the preceding
year.
The Director of the Office of Intelligence of the
Department of Energy would be a member of the Senior Executive
Service and would be responsible for the programs and
activities of the Department relating to the analysis of
intelligence with respect to nuclear weapons and materials and
energy security.
Subtitle A--Establishment and Organization
Establishment and mission (sec. 3211)
The conferees agree to include a provision that would
establish within the Department of Energy a separately
organized agency that would be known as the National Nuclear
Security Administration. The mission of the Administration
would be to enhance the national security through the military
application of nuclear energy and to reduce global danger from
weapons of mass destruction, and to promote international
nuclear safety. This provision would require that the
Administrator ensure that all operations and activities of the
Administration are consistent with the principles of
environmental protection and the safety and health of the
public and the Administration's workforce.
Administrator for Nuclear Security (sec. 3212)
The conferees agree to include a provision that would
establish the Under Secretary for Nuclear Security as the
Administrator for the National Nuclear Security Administration.
The Administrator would have authority over, and be responsible
for, all programs and activities of the Administration, except
for the functions of the Office of Naval Reactors as specified
in Executive Order 12344. In addition, the provision would give
the Administrator responsibility for liaison between the
Administration and other elements of the Department of Energy
and other federal agencies. The Administrator may establish
Administration-specific policies, unless disapproved by the
Secretary.
Status of Administration and contractor personnel within Department of
Energy (sec. 3213)
The conferees agree to include a provision that would
make each officer or employee of the Administration, in
carrying out the functions of the Administration, subject to
the authority, direction, and control of the Administrator, the
Secretary of Energy acting through the Administrator, or the
Administrator's designee within the Administration. Officers or
employees of the Administration would not be responsible to, or
subject to the authority, direction, or control of any other
officer, agent, or employee of the Department of Energy. The
provision would also stipulate that each officer or employee of
a contractor of the Administration would not be responsible to,
or subject to the authority, direction, or control of any other
officer, agent, or employee of the Department of Energy who is
not an employee of the Administration, with the exception of
the Secretary or Deputy Secretary of Energy.
Deputy Administrator for Defense Programs (sec. 3214)
The conferees agree to include a provision that would
establish the position of Deputy Administrator for Defense
Programs, subject to appointment by the President with the
advice and consent of the Senate. The provision would make the
Deputy Administrator responsible for maintaining and enhancing
the safety, reliability, and performance of the U.S. nuclear
weapons stockpile. The head of each national security
laboratory and nuclear weapons production facility would report
to the Deputy Administrator for Defense Programs, consistent
with applicable contractual obligations.
Deputy Administrator for Defense Nuclear Nonproliferation (sec. 3215)
The conferees agree to include a provision that would
establish the position of Deputy Administrator for Defense
Nuclear Nonproliferation subject to appointment by the
President with the advice and consent of the Senate. The
provision would make the Deputy Administrator responsible for
preventing the spread of materials, technology, and expertise
relating to weapons of mass destruction; and for eliminating
inventories of surplus fissile material.
Deputy Administrator for Naval Reactors (sec. 3216)
The conferees agree to include a provision that would
establish the position of Deputy Administrator for Naval
Reactors. The director of the Naval Nuclear Propulsion Program,
provided for under the Naval Nuclear Propulsion Executive
Order, shall serve as the Deputy Administrator for Naval
Reactors. The provision would assign the Deputy Administrator
the responsibilities, authorities, and accountability for all
functions of the Office of Naval Reactors.
General Counsel (sec. 3217)
The conferees agree to include a provision that would
establish a General Counsel for the Administration.
Staff of Administration (sec. 3218)
The conferees agree to include a provision that would
require the Administrator to maintain within the Administration
sufficient staff to assist the Administrator in carrying out
the duties of that position. The Administrator would assign to
the staff responsibility for the functions of personnel,
legislative affairs, public affairs, and liaison with other
elements of the Department of Energy, other federal agencies,
and the public.
Subtitle B--Matters Relating to Security
Protection of national security information (sec. 3231)
The conferees agree to include a provision that would
require the Administrator, subject to the approval of the
Secretary of Energy, to establish policies and procedures to
ensure maximum protection to classified information in the
possession of the Administration. The Administrator would
establish procedures requiring personnel of the Administration
to report to the Administrator on significant violations of law
or executive order relating to the management of classified
information.
Office of Defense Nuclear Counterintelligence and Office of Defense
Nuclear Security (sec. 3232)
The Senate bill contained a provision (sec. 3158) that
would require the Secretary of Energy to maintain an Office of
Counterintelligence and an Office of Intelligence. The Office
of Counterintelligence would be headed by a senior executive of
the Federal Bureau of Investigation with experience in matters
relating to counterintelligence. The Director of the Office of
Counterintelligence would report directly to the Secretary of
Energy and ensure that the Secretary, the Director of Central
Intelligence, and the Director of the Federal Bureau of
Investigation are informed regularly on the status and
effectiveness of counterintelligence efforts at DOE sites. The
Director would be required to submit an annual assessment to
the Secretary, Director of Central Intelligence, Director of
the Federal Bureau of Investigation, and the defense committees
of Congress on the effectiveness of counterintelligence efforts
at DOE facilities. Such an assessment would be provided in both
classified and unclassified form not later than March 1 of each
year. The Director would be required to develop and implement
specific security and counterintelligence programs to reduce
the threat of loss of classified and sensitive information at
DOE sites. The Director of Intelligence would also report
directly to the Secretary and would be responsible for
intelligence and energy security analysis.
The House amendment contained a similar provision (sec.
3184) that would require the Secretary of Energy to establish
an Office of Foreign Intelligence and an Office of
Counterintelligence.
The conferees agree to include a provision that would
establish an Office of Defense Nuclear Counterintelligence and
an Office of Defense Nuclear Security. The offices would be
headed by a Chief of Defense Nuclear Counterintelligence and a
Chief of Defense Nuclear Security.
The Chief of Defense Nuclear Counterintelligence would
report to the Administrator and would implement
counterintelligence policies directed by the Secretary and the
Administrator. This Chief would develop programs for the
Administration to prevent the disclosure of classified or
sensitive information, and would develop and administer
personnel assurance programs within the Administration.
The Chief of Defense Nuclear Security would report to the
Administrator and would implement security policies directed by
the Secretary and the Administrator. This Chief would be
responsible for the development and implementation of security
programs for the Administration including the protection,
control, and accounting of nuclear materials and the physical
security and cybersecurity for all facilities of the
Administration.
Counterintelligence programs (sec. 3233)
The Senate bill contained a provision (sec. 3159) that
would require the Secretary of Energy to assign at each DOE
facility an individual to assess security and
counterintelligence matters at that site. Such individuals
would report directly to the DOE Director of
Counterintelligence.
The House amendment contained a similar provision (sec.
3186) that would require the Secretary of Energy to assign at
each DOE facility an individual to assess security and
counterintelligence matters at that site. Such individuals
would report directly to the DOE Director of
Counterintelligence.
The House amendment contained another similar provision
(sec. 3185) that would require the Secretary to establish and
maintain at each DOE national laboratory, a counterintelligence
program for the defense-related activities at the laboratory.
The provision would require that the head of
counterintelligence at each laboratory have extensive
experience in counterintelligence activities within the Federal
Government and is hired by and directly responsible to Director
of the laboratory and is hired with the concurrence of the DOE
Director of Counterintelligence.
The conferees agree to include a provision that would
require the Administrator to establish and maintain a
counterintelligence program at each laboratory or production
facility. The Administrator would be required to assign an
employee of the Office of Defense Nuclear Counterintelligence
to each facility at which Restricted Data is located, other
than a laboratory or a production facilities. This employee
would assess counterintelligence and security matters at the
facility.
Procedures relating to access by individuals to classified areas and
information of Administration (sec. 3234)
The House amendment contained a provision (sec. 3191)
that would prohibit unescorted access by a foreign national to
any classified area, or access to any classified information,
at any DOE facility engaged in defense activities unless the
individual has a security clearance granted by the United
States or has a security clearance granted by a foreign
government which the Secretary of State determines is
comparable to a clearance granted by the United States. The
provision would prohibit the Secretary from terminating the
employment of any foreign national who is also an employee of
the Department, as of the date of enactment of this Act until a
security clearance investigation is completed. Such employees
could, however, be terminated if the Director of
Counterintelligence determines it is in the national security
interest of the United States.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Administrator to establish procedures to ensure that
individuals are not permitted unescorted access to any
classified area, or access to classified information, of the
Administration until security clearances are verified.
Government access to information on Administration computers (sec.
3235)
The House amendment contained a provision (sec. 3194)
that would require the Secretary of Energy to establish
procedures to govern access to classified information on DOE
defense-related computer systems.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Administrator to establish procedures to govern access to
all information on Administration computers. These procedures
would provide that any individual who has access to information
on an Administration computer be required, as a condition of
such access, to provide to the Administrator written consent
permitting access by an authorized investigative agency to any
Administration computer. In addition, the provision would
stipulate that, notwithstanding any other provision of law, no
user of an Administration computer shall have any expectation
of privacy in the use of that computer.
Congressional oversight of special access programs (sec. 3236)
The conferees agree to include a provision that would
require the Administrator to submit an annual report to the
congressional defense committees on the special access programs
of the Administration. Each annual report shall contain
budgetary information for special access programs and a brief
discussion of each program. This provision would also require
an annual report on the new special access programs with a
justification for designating the program as special access,
and an identification of existing programs or technologies that
are similar to the subject of the new special access program. A
new special access program would not be allowed to begin until
30 days after the defense committees have been notified that a
new special access program is about to be initiated. The
provision would also require a report to the congressional
defense committees 14 days before any special access program is
declassified.
Subtitle C--Matters Relating to Personnel
Authority to establish certain scientific, engineering, and technical
positions (sec. 3241)
The conferees agree to include a provision that would
provide the Administrator of the National Nuclear Security
Administration authority to establish up to 300 scientific,
engineering, and technical positions, hire qualified personnel
to fill those positions, and set appropriate compensation
levels.
Voluntary early retirement authority (sec. 3242)
The conferees agree to include a provision that would
provide the Secretary of Energy temporary authority to offer
voluntary early retirement to not more than 600 Department of
Energy employees affected by the establishment of the National
Nuclear Security Administration.
Severance pay (sec. 3243)
The conferees agree to include a provision that would
provide the Secretary of Energy authority to pay severance pay
in one lump sum to those Department of Energy employees
entitled to severance pay as a result of the establishment of
the National Nuclear Security Administration.
Continued coverage of health care benefits (sec. 3244)
The conferees agree to include a provision that would
provide the Secretary of Energy authority to continue to pay
the government's share of health insurance premiums to those
Department of Energy employees who are involuntarily separated
as a result of the establishment of the National Nuclear
Security Administration.
Subtitle D--Budget and Financial Management
Separate treatment in budget (sec. 3251)
The conferees agree to include a provision that would
require the President to submit the budget for the NNSA
separately within the amounts requested for the Department of
Energy. The section would also require that the budget
justification materials submitted to Congress in support of the
budget be specified in individual program elements.
Planning, programming, and budgeting process (sec. 3252)
The conferees agree to include a provision that would
require the Administrator to establish a sound planning,
programming, and budgeting process for the activities of the
Administration using funds that are available for obligation
for a limited number of years.
Future-years nuclear security program (sec. 3253)
The Senate bill contained a provision (sec. 3172) that
would amend section 3155(a) of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201) to
require that the Secretary of Energy, beginning in fiscal year
2001, include in the President's annual budget request to
Congress, a five-year program and budget plan for the
activities anticipated to be carried out by the national
security programs of the Department of Energy. The program and
budget plan would be submitted at the same level of detail as
the President's annual budget request to Congress and would
include a description of anticipated workload requirements for
each site. The provision would further require the Secretary of
Energy, beginning in fiscal year 2001, to identify how each
element of the President's budget request for weapons
activities would help ensure that the weapons stockpile is safe
and reliable as determined in accordance with the performance
criteria established pursuant to section 3158 of the Strom
Thumond National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261) during each year of the five year period.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Administrator to submit a future-year nuclear security
program that would contain the estimated expenditures necessary
to support the programs, projects, and activities of the
Administration for a five-year period and the anticipated
workload requirements for each Administration site during the
period of the plan. It would also require that the
Administrator submit materials detailing how the funds
identified for each program element in the weapons activities
budget will help ensure the reliability and safety of the
nuclear weapons stockpile.
The conferees note that the Secretary of Energy was
required by law (section 3135 of H.R. 3230, the National
Defense Authorization Act for Fiscal Year 1997, Public Law 104-
201) to provide a five-year budget plan, but that the Secretary
has not complied with this provision. The conferees believe
that such a plan will provide an important planning tool for
the Administration and a baseline on which the congressional
defense committees can better evaluate succeeding budget
submissions.
Subtitle E--Miscellaneous Provisions
Environmental protection, safety, and health requirements (sec. 3261)
The conferees agree to include a provision that would
require the Administrator to ensure that Administration
operations comply with applicable environmental, safety, and
health statutes and to develop procedures for meeting such
requirements. The provision would also provide that the
Secretary of Energy continues to have overall authority and
oversight responsibility to ensure that such compliance occurs.
Compliance with federal acquisition regulation (sec. 3262)
The conferees agree to include a provision that would
require the Administrator to establish procedures that would
ensure that Administration activities are operated in full
compliance with the Federal Acquisition Regulation.
Sharing of technology with Department of Defense (sec. 3263)
The conferees agree to include a provision that would
require the Administrator, in cooperation with the Secretary of
Defense, to establish procedures that would allow for the
sharing of technology and expertise between the Administration
and the Department of Defense.
Use of capabilities of national security laboratories by entities
outside administration (sec. 3264)
The conferees agree to include a provision that would
require the Administrator to establish procedures that would,
consistent with the national security mission of the
Administration, make the capabilities of the national security
laboratories available to elements of the Department of Energy
that are not part of the Administration, other Federal agencies
and other entities.
Subtitle F--Definitions
Definitions (sec. 3281)
The conferees agree to include a provision that would
define terms used throughout this title.
Subtitle G--Amendatory Provisions, Transition Provisions, and Effective
Dates
Functions transferred (sec. 3291)
The conferees agree to include a provision that would
transfer the national security functions of the Department of
Energy to the Administration upon enactment of this title, but
would permit the Secretary of Energy to transfer environmental
and waste management activities to other elements of the
Department, in consultation with the Administrator and
Congress.
Transfer of funds and employees (sec. 3292)
The conferees agree to include a provision that would
require the Secretary of Energy to transfer to the
Administration the balance of funding associated with the
functions transferred to the Administration, as well as the
employees necessary to carry out those functions.
Pay levels (sec. 3293)
The conferees agree to include a provision that would
establish the compensation for the Under Secretary for Nuclear
Security at executive level III and would establish the
compensation for Deputy Administrators of the Administration at
executive level IV.
Conforming amendments (sec. 3294)
The conferees agree to include a provision (sec. 3294)
that would make conforming changes to the Atomic Energy Act of
1954, the Department of Energy Organization Act, the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
60), and the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104-201).
Transition provisions (sec. 3295)
The conferees agree to include a provision that would set
dates by which the Administration would have to come into
compliance with the provisions of title 32 of this Act. The
Administrator would be required: to comply with the financial
and fiscal management principles specified in section 3252 by
October 1, 2000, and to report to the Armed Services Committees
of the House and the Senate by January 1, 2000 on a plan to
achieve that compliance; to submit the first future year
nuclear security program required in section 3253 with the
fiscal year 2001 budget; and to comply with the Federal
Acquisition Regulation specified in section 3263 by October 1,
2000 and report to the Armed Services Committees of the House
and the Senate by January 1, 2000 on a plan to achieve that
compliance.
Applicability of pre-existing laws and regulations (sec. 3296)
The conferees agree to include a provision that would
establish that all provisions of law and regulations in effect
immediately before the effective date of title 32 of this act
remain in force unless otherwise specified.
Report containing implementation plan of Secretary of Energy (sec.
3297)
The conferees agree to include a provision that would
require the Secretary to submit to the Committees on Armed
Services of the Senate and House of Representatives a report
containing the Secretary's plan for the implementation of the
provisions of this title.
Classification in United States Code (sec. 3298)
The conferees agree to include a provision that would
establish a new chapter of title 50 for the provisions of title
32 of this act.
Effective dates (sec. 3299)
The conferees agree to include a provision that would
establish March 1, 2000 as the effective date of the provisions
of title 32, except for sections 3202, 3204, 3251, 3295, and
3297, which would become effective upon the date of enactment
of this Act.
The conferees direct that the implementation of this
title begin immediately upon enactment so as to ensure that the
period between enactment of this Act and the effective date of
this title shall serve as a transition period to achieve full
compliance of the requirements of this title no later than
March 1, 2000.
Title XXXIII--Defense Nuclear Facilities Safety Board
LEGISLATIVE PROVISIONS ADOPTED
Defense Nuclear Facilities Safety Board (sec. 3301)
The Senate bill contained a provision (sec. 3201) that
would authorize $17.5 million for the Defense Nuclear
Facilities Safety Board (DNFSB) for fiscal year 2000.
The House bill contained an identical provision (sec.
3201). The conference agreement includes this provision.
Title XXXIV--National Defense Stockpile
LEGISLATIVE PROVISIONS ADOPTED
Authorized uses of stockpile funds (sec. 3401)
The Senate bill contained a provision (sec. 3301) that
would authorize $78.7 million for operations of the National
Defense Stockpile.
The House amendment contained an identical provision.
The conference agreement includes this provision.
Disposal of certain materials in National Defense Stockpile (sec. 3402)
The House bill contained a provision (sec. 3303) that
would repeal sections 3303 and 3304 of the National Defense
Authorization Act for Fiscal Year 1996 restricting the sale of
certain materials.
The Senate contained no similar provision.
The Senate recedes with an amendment that would repeal
section 3303 of the National Defense Authorization Act for
Fiscal Year 1996. The provision would also authorize disposal
of additional unneeded materials in the National Defense
Stockpile.
Limitations on previous authority for disposal of stockpile materials
(sec. 3403)
The Senate bill included a provision (sec. 3302) that
would clarify authorities in previous years legislation
regarding the quantity of materials in the stockpile that could
be disposed of to attain certain levels of revenues.
The House amendment contained no similar provision.
The House recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Definitions
The House amendment contained a provision (sec. 3301)
that would define the terms ``National Defense Stockpile'' and
``National Defense Stockpile Transaction Fund.''
The Senate bill contained no similar provision.
The House recedes.
Title XXXV--Panama Canal Commission
LEGISLATIVE PROVISIONS ADOPTED
Short title (sec. 3501)
The Senate bill contained a provision (sec. 3401) that
would establish Title XXXV of the National Defense
Authorization Bill for Fiscal Year 2000 as the ``Panama Canal
Commission Authorization Act for Fiscal Year 2000''.
The House amendment contained an identical provision
(sec. 3501).
The conference agreement includes this provision.
Authorization of expenditures (sec. 3502)
The Senate bill contained a provision (sec. 3402) that
would grant the Panama Canal Commission authority to make
expenditures from the Panama Canal Commission Revolving Fund
within existing statutory limits. The provision would establish
$25,000 as the ceiling on the amount the commission could
expend from the Revolving Fund for official reception and
representation expenses.
The House amendment contained a similar provision (sec.
3502) that would establish $100,000 as the ceiling on the
amount the commission could expend from the Revolving Fund for
official reception and representation expenses.
The House recedes with an amendment that would establish
$75,000 as the ceiling on the amount the commission could
expend from the Revolving Fund for official reception and
representation expenses.
Purchase of vehicles (sec. 3503)
The Senate bill contained a provision (sec. 3403) that
would authorize the Panama Canal Commission to purchase
replacement vehicles for official use.
The House amendment contained a similar provision (sec.
3503) that would authorize the commission to purchase vehicles
built in the United States.
The House recedes with a clarifying amendment.
The conferees note that the commission has previously
purchased only vehicles built in the United States and
encourage the continuation of that practice.
Office of Transition Administration (sec. 3504)
The Senate bill contained a provision (sec. 3405) that
would authorize the operations of the Office of Transition
Administration.
The House amendment contained a similar provision (sec.
3504).
The Senate recedes with an amendment that would direct
the Panama Canal Commission to enter into an agreement with the
head of a department or agency of the federal government to
supervise the close out of the affairs of the Commission.
Expenditures only in accordance with treaties (sec. 3505)
The Senate bill contained a provision (sec. 3404) that
would confirm the obligation of the Panama Canal Commission to
make expenditures only in accordance with the Panama Canal
Treaty of 1977 and related agreements.
The House amendment contained no similar provision.
The House recedes.
Title XXXVI--Maritime Administration
LEGISLATIVE PROVISIONS ADOPTED
Short title (sec. 3601)
The House amendment contained a provision (sec. 3401)
that would authorize the title of Title XXXIV to be cited as
the ``Maritime Administration Authorization Act for Fiscal Year
2000''.
The Senate bill contained no similar provision.
The Senate recedes.
Authorization of appropriations for fiscal year 2000 (sec. 3602)
The House amendment contained a provision (sec. 3402)
that would authorize $79.8 million for operations and training
activities and $34.9 million for expenses under a loan
guarantee program for the Maritime Administration for fiscal
year 2000.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize
$79.8 million for operations and training activities and $14.9
million for expenses under a loan guarantee program for the
Maritime Administration for fiscal year 2000.
Extension of war risk insurance authority (sec. 3603)
The House amendment contained a provision (sec. 3404)
that would extend through June 30, 2005, the current authority
provided to the Secretary of Transportation, under Title XII of
the Merchant Marine Act of 1936, to provide certain vessel war
risk insurance policies.
The Senate bill contained no similar provision.
The Senate recedes.
Ownership of the Jeremiah O'Brien (sec. 3604)
The House amendment contained a provision (sec. 3405)
that would clarify that the liberty ship Jeremiah O'Brien is
owned by the National Liberty Ship Memorial, Inc.
The Senate bill contained no similar provision.
The Senate recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Amendments to title XI of the Merchant Marine Act, 1936
The House amendment contained a provision (sec. 3403)
which would authorize the Secretary of Transportation to place
all title XI bond proceeds in escrow during vessel
construction.
The Senate bill contained no similar provision.
The House recedes.
From the Committee on Armed Services, for
consideration of the Senate bill and the House
amendment, and modifications committed to
conference:
Floyd Spence,
Bob Stump,
Duncan Hunter,
Herbert H. Bateman,
James V. Hansen,
Curt Weldon,
Joel Hefley,
Jim Saxton,
Steve Buyer,
Tillie K. Fowler,
John M. McHugh,
James Talent,
Terry Everett,
Roscoe G. Bartlett,
Howard ``Buck'' McKeon,
J.C. Watts, Jr.,
Mac Thornberry,
John Hostettler,
Saxby Chambliss,
Van Hilleary,
Ike Skelton
(except sec. 32),
Norman Sisisky,
John M. Spratt, Jr.,
(except for 27 and 32),
Solomon P. Ortiz,
Owen Pickett,
Lane Evans,
Gene Taylor,
Neil Abercrombie,
Marty Meehan,
Robert A. Underwood,
Silvestre Reyes,
Jim Turner,
Loretta Sanchez,
Ellen O. Tauscher
(except sec. 32),
Robert E. Andrews,
John B. Larson,
From the Permanent Select Committee on
Intelligence, for consideration of matters
within the jurisdiction of that committee under
clause 11 of rule X:
Porter J. Goss,
Jerry Lewis,
From the Committee on Banking and Financial
Services, for consideration of section 1059 of
the Senate bill and section 1409 of the House
bill, and modifications committed to
conference:
Bill McCollum,
Spencer Bachus,
John J. LaFalce,
From the Committee on Education and the
Workforce, for consideration of sections 579
and 698 of the Senate bill, and sections 341,
343, 549, 567, and 673 of the House amendment,
and modifications committed to conference:
Bill Goodling,
Nathan Deal,
Patsy T. Mink,
From the Committee on Government Reform, for
consideration of sections 538, 652, 654, 805-
810, 1004, 1052-54, 1080, 1101-07, 2831, 2862,
3160, 3161, 3163, and 3173 of the Senate bill,
and sections 522, 524, 525, 661-64, 672, 802,
1101-05, 2802, and 3162 of the House amendment,
and modifications committed to conference:
Dan Burton,
Joe Scarborough,
Provided that Mr. Horn is appointed in lieu of
Mr. Scarborough for consideration of sections
538, 805-810, 1052-54, 1080, 2831, 2862, 3160,
and 3161 of the Senate bill and sections 802
and 2802 of the House amendment, and
modifications committed to conference:
Stephen Horn,
From the Committee on House Administration, for
consideration of section 1303 of the Senate
bill and modifications committed to conference:
Wm. Thomas,
John Boehner,
Steny H. Hoyer,
From the Committee on International Relations,
for consideration of sections 1013, 1043, 1044,
1046, 1066, 1071, 1072, and 1083 of the Senate
bill, and sections 1202, 1206, 1301-07, 1404,
1407, 1408, 1411, and 1413 of the House
amendment, and modifications committed to
conference:
Benjamin A. Gilman,
Doug Bereuter,
From the Committee on the Judiciary, for
consideration of sections 3156 and 3163 of the
Senate bill, and sections 3166 and 3194 of the
House amendment, and modifications committed to
conference:
Henry Hyde,
Bill McCollum,
From the Committee on Resources, for
consideration of sections 601, 602, 695, 2833,
and 2861 of the Senate bill, and sections 365,
601, 602, 653, 654, and 2863 of the House
amendment, and modifications committed to
conference:
Don Young,
Billy Tauzin,
From the Committee on Transportation and
Infrastructure, for consideration of sections
601, 602, 1060, 1079, and 1080 of the Senate
bill, and sections 361, 601, 602, and 3404 of
the House amendment, and modifications
committed to conference:
Bud Shuster,
Wayne T. Gilchrest,
Peter DeFazio,
From the Committee on Veterans' Affairs, for
consideration of sections 671-75, 681, 682,
696, 697, 1062, and 1066 of the Senate bill,
and modifications committed to conference:
Michael Bilirakis,
Jack Quinn,
Managers on the Part of the House.
John Warner,
Strom Thurmond,
John McCain,
Bob Smith,
James M. Inhofe,
Rick Santorum,
Olympia Snowe,
Pat Roberts,
Wayne Allard,
Tim Hutchinson,
Jeff Sessions,
Robert C. Byrd,
Chuck Robb,
Mary L. Landrieu,
Max Cleland,
Managers on the Part of the Senate.
