106 th Congress 1st Session
HOUSE OF REPRESENTATIVES
Report
106 301
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2000
CONFERENCE REPORT
to accompany
S. 1059
[Graphic Image Not Available]
August 6 (legislative day, August 5), 1999.--Ordered to be printed
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2000
58 406
1999
106 th Congress 1st Session
HOUSE OF REPRESENTATIVES
Report
106 301
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2000
CONFERENCE REPORT
to accompany
S. 1059
[Graphic Image Not Available]
August 6 (legislative day, August 5), 1999.--Ordered to be printed
C O N T E N T S
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
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
15 aircraft modifications
562
16 aircraft modifications
563
C 17 aircraft modifications
563
C 135 aircraft modifications
564
Defense airborne reconnaissance program aircraft modifications
564
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
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
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
106 th 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:
``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:
``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:
``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:
``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:
``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:
``Grade Army Navy Air Force Marine Corps
Major or Lieutenant Commander 3,227 1,071 860 14012
Lieutenant Colonel or Commander 1,611 520 777 9012
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:
``Grade Army Navy Air Force Marine Corps
9 645 202 405 2012
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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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.
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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.
``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.
``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:
``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:
``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
9\2\ $0.00 $0.00 $0.00 $0.00 $0.00
8 0.00 0.00 0.00 0.00 0.00
7 1,765.80 1,927.80 2,001.00 2,073.00 2,147.70
6 1,518.90 1,678.20 1,752.60 1,824.30 1,899.30
5 1,332.60 1,494.00 1,566.00 1,640.40 1,714.50
4 1,242.90 1,373.10 1,447.20 1,520.10 1,593.90
3 1,171.50 1,260.60 1,334.10 1,335.90 1,335.90
2 1,127.40 1,127.40 1,127.40 1,127.40 1,127.40
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
--------------- ------------ ------------ ------------ -----------
9\2\ $0.00 $3,015.30 $3,083.40 $3,169.80 $3,271.50
8 2,528.40 2,601.60 2,669.70 2,751.60 2,840.10
7 2,220.90 2,294.10 2,367.30 2,439.30 2,514.00
6 1,973.10 2,047.20 2,118.60 2,191.50 2,244.60
5 1,789.50 1,861.50 1,936.20 1,936.20 1,936.20
4 1,593.90 1,593.90 1,593.90 1,593.90 1,593.90
3 1,335.90 1,335.90 1,335.90 1,335.90 1,335.90
2 1,127.40 1,127.40 1,127.40 1,127.40 1,127.40
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
--------------- ------------ ------------ ------------ -----------
9\2\ $3,373.20 $3,473.40 $3,609.30 $3,744.00 $3,915.90
8 2,932.50 3,026.10 3,161.10 3,295.50 3,483.60
7 2,588.10 2,660.40 2,787.60 2,926.20 3,134.40
6 2,283.30 2,283.30 2,285.70 2,285.70 2,285.70
5 1,936.20 1,936.20 1,936.20 1,936.20 1,936.20
4 1,593.90 1,593.90 1,593.90 1,593.90 1,593.90
3 1,335.90 1,335.90 1,335.90 1,335.90 1,335.90
2 1,127.40 1,127.40 1,127.40 1,123.20 1,127.40
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:
``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:
``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:
``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
$15005
Over 4
$22505
Over 8
$35005
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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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.
``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 Flags
4712''.
(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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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.
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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:
``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 Center $6,800,000
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 Base $4,000,000
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
lSunny Point Military Ocean Terminal $3,800,000
Oklahoma Fort Sill $33,200,000
McAlester Army Ammunition $16,600,000
Pennsylvania Carlisle Barracks $5,000,000
Letterkenny Army Depot $3,650,000
South Carolina Fort Jackson $7,400,000
Texas Fort Bliss $52,350,000
Fort Hood $84,500,000
Virginia Fort Belvoir $3,850,000
Fort Eustis $43,800,000
Fort Myer $2,900,000
Fort Story $8,000,000
Washington Fort Lewis $23,400,000
CONUS Various CONUS Various $36,400,000
-----------------
Total $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
-------------
xl 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, Yuma Navy Detachment, Camp Navajo $17,020,000 $7,560,000
California lMarine Corps Air-Ground Combat Center, Twentynine Palms $34,760,000
lMarine Corps Base, Camp Pendleton $38,460,000
lMarine Corps Logistics Base, Barstow $4,670,000
lMarine Corps Recruit Depot, San Diego $3,200,000
Naval Air Station, Lemoore $24,020,000
Naval Air Station, North Island $54,420,000
lNaval Air Warfare Center, China Lake $4,000,000
Naval Air Warfare Center, Corona $7,070,000
Naval Hospital, San Diego $21,590,000
Naval Hospital, Twentynine Palms $7,640,000
lNaval Postgraduate School $5,100,000
Florida lNaval Air Station, Whiting Field, Milton $5,350,000
Naval Station, Mayport $9,560,000
Georgia lMarine Corps Logistics Base, Albany $6,260,000
Hawaii Camp H.M. Smith $86,050,000
lMarine Corps Air Station, Kaneohe Bay $5,790,000
Naval Shipyard, Pearl Harbor $10,610,000
Naval Station, Pearl Harbor $18,600,000
lNaval Submarine Base, Pearl Harbor $29,460,000
Idaho lNaval Surface Warfare Center, Bayview $10,040,000
Illinois Naval Training Center, Great Lakes $57,290,000
Indiana lNaval Surface Warfare Center, Crone $7,270,000
Maine Naval Air Station, Brunswick $16,890,000
Maryland lNaval Air Warfare Center, Patuxent River $4,560,000
lNaval Surface Warfare Center, Indian Head $10,070,000
Mississippi lNaval Air Station, Meridian $7,280,000
lNaval Construction Battalion Center Gulfport $19,170,000
New Jersey lNaval Air Warfare Center Aircraft Division, Lakehurst $15,710,000
North Carolina lMarine Corps Air Station, New River $5,470,000
lMarine Corps Base, Camp Lejeune $21,380,000
Pennsylvania lNavy Ships Parts Control Center, Mechanicsburg $2,990,000
lNorfolk Naval Shipyard Detachment, Philadelphia $13,320,000
South Carolina Naval Weapons Station, Charleston Marine Corps Air Station, Beaufort $7,640,000 $18,290,000
Texas Naval Station, Ingleside $11,780,000
Virginia lMarine Corps Combat Development Command, Quantico $20,820,000
Naval Air Station, Oceana $11,490,000
Naval Shipyard, Norfolk $17,630,000
Naval Station, Norfolk $69,550,000
Naval Weapons Station, Yorktown $25,040,000
lTactical Training Group Atlantic, Dam Neck $10,310,000
Washington lNaval Ordnance Center Pacific Division Detachment, Port Hadlock $3,440,000
lNaval Undersea Warfare Center, Keyport $6,700,000
lPuget Sound Naval Shipyard, Bremerton $15,610,000
lStrategic Weapons Facility Pacific, Bremerton $6,300,000
----------------------------
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 Unit, $83,090,000
Diego Garcia lNaval Support Facility, Diego Garcia $8,150,000
-------------
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 lMarine Corps Air Station, Yuma 49 Units $8,500,000
California lNaval Air Station, Lemoore 116 Units $20,188,000
Hawaii lMarine Corps Air Station, Kaneohe Bay 100 Units $26,615,000
lMarine Corps Base, Hawaii 30 Units $8,000,000
lNaval Base Pearl Harbor 133 Units $30,168,000
lNaval Base Pearl Harbor 96 Units $19,167,000
North Carolina lMarine Corps Air Station, Cherry Point 180 Units $22,036,000
--------------
xl 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 Elmendorf Air Force Base $24,100,000 $42,300,000
Arizona Davis-Monthan Air Force Base $7,800,000
Arkansas Little Rock Air Force Base $7,800,000
California Beale Air Force Base Edwards Air Force Base Travis Air Force Base $8,900,000 $5,500,000 $11,200,000
Colorado Peterson Air Force Base Schriever Air Force Base U.S. Air Force Academy $40,000,000 $16,100,000 $17,500,000
CONUS Classified Classified Location $16,870,000
Delaware Dover Air Force Base $12,000,000
Florida Eglin Air Force Base Eglin Auxiliary Field 9 MacDill Air Force Base Patrick Air Force Base Tyndall Air Force Base $18,300,000 $18,800,000 $5,500,000 $17,800,000 $10,800,000
Georgia Fort Benning Moody Air Force Base Robins Air Force Base $3,900,000 $5,950,000 $3,350,000
Hawaii Hickam Air Force Base $3,300,000
Idaho Mountain Home Air Force Base $17,000,000
Kansas McConnell Air Force Base $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 Keesler Air Force Base $2,600,000 $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 Pope Air Force Base $4,600,000 $7,700,000
North Dakota Grand Forks Air Force Base $9,500,000
Ohio Wright-Patterson Air Force Base $39,700,000
Oklahoma Tinker Air Force Base Vance Air Force Base $34,800,000 $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 Lackland Air Force Base Laughlin Air Force Base Randolph Air Force Base $5,400,000 $13,400,000 $3,250,000 $3,600,000
Utah Hill Air Force Base $4,600,000
Virginia Langley Air Force Base $6,300,000
Washington Fairchild Air Force Base McChord Air Force Base $13,600,000 $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 lDavis-Monthan Air Force Base 64 Units $10,000,000
California lBeale Air Force Base 60 Units $8,500,000
lEdwards Air Force Base 188 Units $32,790,000
lVandenberg Air Force Base 91 Units $16,800,000
District of Columbia lBolling Air Force Base 72 Units $9,375,000
Florida Eglin Air Force Base lMacDill Air Force Base 130 Units 54 Units $14,080,000 $9,034,000
Kansas lMcConnell Air Force Base lSafety Improvements $1,363,000
Mississippi lColumbus Air Force Base 100 Units $12,290,000
Montana lMalmstrom Air Force Base 34 Units $7,570,000
Nebraska lOffutt Air Force Base 72 Units $12,352,000
New Mexico lHollomon Air Force Base 76 Units $9,800,000
North Carolina lSeymour Johnson Air Force Base 78 Units $12,187,000
North Dakota lGrand Forks Air Force Base 42 Units $10,050,000
lMinot Air Force Base 72 Units $10,756,000
Oklahoma lTinker Air Force Base 41 Units $6,000,000
Texas lLackland Air Force Base 48 Units $7,500,000
Portugal Lajes Field, Azores 75 Units $12,964,000
--------------------------
xl 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
lChemical Demilitarization Blue Grass Army Depot, Kentucky $206,800,000
lDefense Education Activity Laurel Bay, South Carolina $2,874,000
lMarine Corps Base, Camp LeJeune, North Carolina $10,570,000
lDefense Logistics Agency lDefense Distribution New Cumberland, Pennsylvania $5,000,000
lElmendorf Air Force Base, Alaska $23,500,000
Eielson Air Force Base, Alaska $26,000,000
lFairchild Air Force Base, Washington $12,400,000
lVarious Locations $1,300,000
lDefense Manpower Data Center lPresidio, Monterey, California $28,000,000
lNational Security Agency Fort Meade, Maryland $2,946,000
lSpecial Operations Command lFleet Combat Training Center, Dam Neck, Virginia $4,700,000
Fort Benning, Georgia $10,200,000
Fort Bragg, North Carolina $20,100,000
lMississippi Army Ammunition Plant, Mississippi $9,600,000
lNaval Amphibious Base, Coronado, California $6,000,000
lTRICARE Management Agency Andrews Air Force Base, Maryland $3,000,000
Cheatham Annex, Virginia $1,650,000
lDavis-Monthan Air Force Base, Arizona $10,000,000
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
lLos Angeles Air Force Base, California $13,600,000
lMarine Corps Air Station, Cherry Point, North Carolina $3,500,000
Moody Air Force Base, Georgia $1,250,000
lNaval Air Station, Jacksonville, Florida $3,780,000
Naval Air Station, Norfolk, Virginia $4,050,000
lNaval Air Station, Patuxent River, Maryland $4,150,000
lNaval Air Station, Pensacola, Florida $4,300,000
lNaval Air Station, Whidbey Island, Washington $4,700,000
Patrick Air Force Base, Florida $1,750,000
Travis Air Force Base, California $7,500,000
lWright-Patterson Air Force Base, Ohio $3,900,000
--------------
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
lDrug Interdiction and Counter-Drug Activities Manta, Ecuador $32,000,000
lDefense Education Activity Andersen Air Force Base, Guam $44,170,000
lDefense Logistics Agency Andersen Air Force Base, Guam $24,300,000
lTri-Care Management Agency lNaval Security Group Activity, Sabana Seca, Puerto Rico $4,000,000
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 lNaval Station Mayport lFamily Housing Construction (100 units) $10,000,000
Maine lNaval Station Brunswick lFamily Housing Construction (72 units) $10,925,000
North Carolina lMarine Corps Base Camp Lejuene lFamily Housing Construction (94 units) $10,110,000
South Carolina lMarine Corps Air Station Beaufort lFamily Housing Construction (140 units) $14,000,000
Texas lNaval Complex Corpus Christi lFamily Housing Construction (104 units) $11,675,000
lNaval Air Station Kingsville lFamily Housing Construction (48 units) $7,550,000
Virginia lMarine Corps Combat Development Command, Quantico lSanitary Landfill $8,900,000
Washington lNaval Station Everett lFamily Housing Construction (100 units) $15,015,000
Defense Agencies: Extension of 1997 Project Authorization
State Installation or location Project Amount
Colorado lPueblo Chemical Activity lAmmunition Demilitarization Facility $203,500,000
Army National Guard: Extension of 1997 Project Authorization
State Installation or location Project Amount
Mississippi Camp Shelby lMultipurpose Range Complex (Phase II) $5,000,000
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1996 PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1996 (division B of
Public Law 104 106; 110 Stat. 541), authorizations for the projects set
forth in the tables in subsection (a), as provided in sections 2202 and
2601 of that Act and extended by section 2702 of the Military
Construction Authorization Act for Fiscal Year 1999 (division B of
Public Law 105 261; 112 Stat. 2199), shall remain in effect until
October 1, 2000, or the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2001, whichever is
later.
(b) Tables.--The tables referred to in subsection (a) are as follows:
Navy: Extension of 1996 Project Authorization
State Installation or location Project Amount
California Camp Pendleton lFamily Housing Construction (138 units) $20,000,000
Army National Guard: Extension of 1996 Project Authorizations
State Installation or location Project Amount
Mississippi Camp Shelby lMultipurpose Range Complex (Phase I) $5,000,000
Missouri lNational Guard Training Site, Jefferson City lMultipurpose Range $2,236,000
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:
``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:
``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:
``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:
``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:
``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).
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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 $70.0
million 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.
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.
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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.
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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.
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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.
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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.
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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.
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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.
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.
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 of
MAEO 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.
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 warning
system (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.
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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.
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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.
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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 ultimate
building 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.
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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 crews
needlessly 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.
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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
three
alternative 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 a
performance 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 conferees
believe, 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
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.
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.
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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.
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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 the
budget 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.
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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 House
amendment, 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 expected
that 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.
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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.
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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]
Program Request Senate House Conference
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. The
conferees 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 fiscal
year 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 ONR
has 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 the
periodic 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 overlapping
to 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 and
experience, 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.
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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 would
authorize 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 give
the 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 authorization 2000 request 2000 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 authorization 2000 request 2000 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 authorization 2000 request 2000 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 would
authorize full-time support end strengths for fiscal year
2000, as shown below:
Fiscal year--
1999 authorization 2000 request 2000 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 authorization 2000 request 2000 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 request 2000 recommendation
The Army National Guard of the United States 1,800 1,800
The Army Reserve 1,295 1,295
The Air National Guard of the United States 342 342
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 authorization 2000 request 2000 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 21st
Century.
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 percent
in 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 recommended
provision 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 the
military 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 away
from 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 overseas
humanitarian, 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 least
15, 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 time
of 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 month
payable 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 the
National 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
exclusive
jurisdiction 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 of
Defense 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, as
authorized 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 for
increased 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 of
the 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 the
director 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) that
would 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
16,811
95,015
72,206
440,755
329,845
Increases:
6,000
4,000
6,000
20,000
8,000
2,700
8,000
3,500
1,000
Decreases:
1,000
1,012,800
Transfers (To MILCON):
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 the
number 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 of
Transportation 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 primary
assignment, 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 would
extend 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 former
Yugoslavia, 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 the
prohibition 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, and
contained 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 transparency
arrangements, 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 in
Eastern 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.
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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
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 under
this 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 local
government, 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 into
the 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, without
consideration, 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 the
progress 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, not
later 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 of
the 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 of
the 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:
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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) that
would 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 indirect
costs 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 February
1997, 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 protect
the 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, not
later 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 be
responsible 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.
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