--S.1059--
S.1059
One Hundred Sixth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the sixth day of January, one thousand nine hundred and ninety-nine
An Act
To authorize appropriations for fiscal year 2000 for military
activities of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel strengths
for such fiscal year for the Armed Forces, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `National Defense Authorization Act for
Fiscal Year 2000'.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) DIVISIONS- This Act is organized into three divisions as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security Authorizations
and Other Authorizations.
(b) TABLE OF CONTENTS- The table of contents for this Act is as
follows:
Sec. 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. 102. Navy and Marine Corps.
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.
Subtitle C--Military Technicians
Sec. 521. Revision to military technician (dual status) law.
Sec. 522. Civil service retirement of technicians.
Sec. 523. Revision to non-dual status technicians statute.
Sec. 524. Revision to authorities relating to National Guard
technicians.
Sec. 525. Effective date.
Sec. 526. Secretary of Defense review of Army technician costing
process.
Sec. 527. Fiscal year 2000 limitation on number of non-dual status
technicians.
Subtitle D--Service Academies
Sec. 531. Strength limitations at the service academies.
Sec. 532. Superintendents of the service academies.
Sec. 533. Dean of Academic Board, United States Military Academy and
Dean of the Faculty, United States Air Force Academy.
Sec. 534. Waiver of reimbursement of expenses for instruction at service
academies of persons from foreign countries.
Sec. 535. Expansion of foreign exchange programs of the service
academies.
Subtitle E--Education and Training
Sec. 541. Establishment of a Department of Defense international student
program at the senior military colleges.
Sec. 542. Authority for Army War College to award degree of master of
strategic studies.
Sec. 543. Authority for Air University to confer graduate-level
degrees.
Sec. 544. Reserve credit for participation in health professions
scholarship and financial assistance program.
Sec. 545. Permanent authority for ROTC scholarships for graduate
students.
Sec. 546. Increase in monthly subsistence allowance for Senior ROTC
cadets selected for advanced training.
Sec. 547. Contingent funding increase for Junior ROTC program.
Sec. 548. Change from annual to biennial reporting under the reserve
component Montgomery GI bill.
Sec. 549. Recodification and consolidation of statutes denying Federal
grants and contracts by certain departments and agencies to institutions of
higher education that prohibit Senior ROTC units or military recruiting on
campus.
Sec. 550. Accrual funding for Coast Guard Montgomery GI bill
liabilities.
Subtitle F--Reserve Component Management
Sec. 551. Financial assistance program for pursuit of degrees by officer
candidates in Marine Corps Platoon Leaders Class program.
Sec. 552. Options to improve recruiting for the Army Reserve.
Sec. 553. Joint duty assignments for reserve component general and flag
officers.
Sec. 554. Grade of chiefs of reserve components and additional general
officers at the National Guard Bureau.
Sec. 555. Duties of Reserves on active duty in support of the
Reserves.
Sec. 556. Repeal of limitation on number of Reserves on full-time active
duty in support of preparedness for responses to emergencies involving
weapons of mass destruction.
Sec. 557. Establishment of Office of the Coast Guard Reserve.
Sec. 558. Report on use of National Guard facilities and infrastructure
for support of provision of services to veterans.
Subtitle G--Decorations, Awards, and Commendations
Sec. 561. Waiver of time limitations for award of certain decorations to
certain persons.
Sec. 562. Authority for award of Medal of Honor to Alfred Rascon for
valor during the Vietnam conflict.
Sec. 563. Elimination of current backlog of requests for replacement of
military decorations.
Sec. 564. Retroactive award of Navy Combat Action Ribbon.
Sec. 565. Sense of Congress concerning Presidential Unit Citation for
crew of the U.S.S. Indianapolis.
Subtitle H--Matters Related to Recruiting
Sec. 571. Access to secondary school students for military recruiting
purposes.
Sec. 572. Increased authority to extend delayed entry period for
enlistments of persons with no prior military service.
Sec. 573. Army College First pilot program.
Sec. 574. Use of recruiting materials for public relations
purposes.
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 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.
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
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. 2905. Commission procedures.
Sec. 2906. Personnel matters.
Sec. 2907. Miscellaneous administrative provisions.
Sec. 2909. Termination of Commission.
TITLE XXX--MILITARY LAND WITHDRAWALS
Subtitle A--Withdrawals Generally
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. 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 the Administration.
Subtitle F--Definitions
Sec. 3281. Definitions.
Subtitle G--Amendatory Provisions, Transition Provisions, and Effective
Dates
Sec. 3291. Functions transferred.
Sec. 3292. Transfer of funds and employees.
Sec. 3293. Pay levels.
Sec. 3294. Conforming amendments.
Sec. 3295. Transition provisions.
Sec. 3296. Applicability of preexisting laws and regulations.
Sec. 3297. Report containing implementation plan of Secretary of Energy.
Sec. 3298. Classification in United States Code.
Sec. 3299. Effective dates.
TITLE XXXIII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3301. Authorization.
TITLE XXXIV--NATIONAL DEFENSE STOCKPILE
Sec. 3401. Authorized uses of stockpile funds.
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. 102. Navy and Marine Corps.
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--
(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--
(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.
`(D) Air logistics centers.
(d) CONSIDERATION OF COST-SHARING PROPOSALS- Subsection (d) of such
section is amended--
(1) by striking paragraphs (2) and (3);
(2) by striking `(A)' after `(1)'; and
(3) by striking `(B) For each' and all that follows through `competitive
procedures.' and inserting the following: `(2) Under the competitive
procedures used, the factors to be considered in the evaluation of each
proposed grant, contract, cooperative agreement, or other transaction for a
project under the program shall include the extent to which that proposed
transaction provides for the proposed recipient to share in the cost of the
project.'.
(e) REVISIONS TO FIVE-YEAR PLAN- Subsection (e)(2) of such section is
amended--
(1) in subparagraph (A), by inserting `, including a description of all
completed projects and status of implementation' before the period at the
end; and
(2) by adding at the end the following new subparagraph:
`(C) Plans for the implementation of the advanced manufacturing
technologies and processes being developed under the program.'.
SEC. 217. REVISION TO LIMITATIONS ON HIGH ALTITUDE ENDURANCE UNMANNED
VEHICLE PROGRAM.
Section 216(b) of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85; 111 Stat. 1660) is amended by striking `may not
procure any' and inserting `may not procure more than two'.
Subtitle C--Ballistic Missile Defense
SEC. 231. SPACE BASED INFRARED SYSTEM (SBIRS) LOW PROGRAM.
(a) PRIMARY MISSION OF SBIRS LOW SYSTEM- The primary mission of the system
designated as of the date of the enactment of this Act as the Space Based
Infrared System Low (hereinafter in this section referred to as the `SBIRS Low
system') is ballistic missile defense. The Secretary of Defense shall carry
out the acquisition program for that system consistent with that primary
mission.
(b) OVERSIGHT OF CERTAIN PROGRAM FUNCTIONS- With respect to the SBIRS Low
system, the Secretary of Defense shall require that the Secretary of the Air
Force obtain the approval of the Director of the Ballistic Missile Defense
Organization before the Secretary--
(1) establishes any system level technical requirement or makes any
change to any such requirement;
(2) makes any change to the SBIRS Low baseline schedule; or
(3) makes any change to the budget baseline identified in the fiscal
year 2000 future-years defense program.
(c) PRIORITY FOR ANCILLARY MISSIONS- The Secretary of Defense shall ensure
that the Director of the Ballistic Missile Defense Organization, in executing
the authorities specified in subsection (b), engages in appropriate
coordination with the Secretary of the Air Force and elements of the
intelligence community to ensure that ancillary SBIRS Low missions (that is,
missions other than the primary mission of ballistic missile defense) receive
proper priority to the extent that those ancillary missions do not increase
technical or schedule risk.
(d) MANAGEMENT AND FUNDING BUDGET ACTIVITY- The Secretary of Defense shall
transfer the management and budgeting of funds for the SBIRS Low system from
the Tactical Intelligence and Related Activities (TIARA) budget aggregation to
a nonintelligence budget activity of the Air Force.
(e) DEADLINE FOR DEFINITION OF SYSTEM REQUIREMENTS- The system level
technical requirements for the SBIRS Low system shall be defined not later
than July 1, 2000.
(f) DEFINITIONS- For purposes of this section:
(1) The term `system level technical requirements' means those technical
requirements and those functional requirements of a system, expressed in
terms of technical performance and mission requirements, including test
provisions, that determine the direction and progress of the systems
engineering effort and the degree of convergence upon a balanced and
complete configuration.
(2) The term `SBIRS Low baseline schedule' means a program schedule that
includes--
(A) a Milestone II decision on entry into engineering and
manufacturing development to be made during fiscal year 2002;
(B) a critical design review to be conducted during fiscal year 2003;
and
(C) a first launch of a SBIRS Low satellite to be made during fiscal
year 2006.
SEC. 232. THEATER MISSILE DEFENSE UPPER TIER ACQUISITION
STRATEGY.
(a) REVISED UPPER TIER STRATEGY- The Secretary of Defense shall establish
an acquisition strategy for the two upper tier missile defense systems
that--
(1) retains funding for both of the upper tier systems in separate,
independently managed program elements throughout the future-years defense
program;
(2) bases funding decisions and program schedules for each upper tier
system on the performance of each system independent of the performance of
the other system; and
(3) provides for accelerating the deployment of both of the upper tier
systems to the maximum extent practicable.
(b) UPPER TIER SYSTEMS DEFINED- For purposes of this section, the upper
tier missile defense systems are the following:
(1) The Navy Theater Wide system.
(2) The Theater High-Altitude Area Defense (THAAD) system.
SEC. 233. ACQUISITION STRATEGY FOR THEATER HIGH-ALTITUDE AREA DEFENSE
(THAAD) SYSTEM.
(a) INDEPENDENT REVIEW OF SYSTEM- Subsection (a) of section 236 of the
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105-261; 112 Stat. 1953) is amended to read as follows:
`(a) CONTINUED INDEPENDENT REVIEW- The Secretary of Defense shall take
appropriate steps to assure continued independent review, as the Secretary
determines is needed, of the Theater High-Altitude Area Defense (THAAD)
program.'.
(b) COORDINATION OF DEVELOPMENT OF SYSTEM ELEMENTS- Subsection (c) of such
section is amended by striking `may' and inserting `shall'.
(c) REVISION TO LIMITATION ON ENTERING MANUFACTURING AND DEVELOPMENT PHASE
FOR INTERCEPTOR MISSILE- Subsection (e) of such section is amended--
(1) by redesignating paragraph (2) as paragraph (4); and
(2) by inserting after paragraph (1) the following new paragraphs:
`(2) If the Secretary determines, after a second successful test of the
interceptor missile of the THAAD system, that the THAAD program has achieved a
sufficient level of technical maturity, the Secretary may waive the limitation
specified in paragraph (1).
`(3) If the Secretary grants a waiver under paragraph (2), the Secretary
shall, not later than 60 days after the date of the issuance of the waiver,
submit to the congressional defense committees a report describing the
technical rationale for that action.'.
SEC. 234. SPACE-BASED LASER PROGRAM.
(a) STRUCTURE OF PROGRAM- The Secretary of Defense shall structure the
space-based laser program to include--
(1) an integrated flight experiment; and
(2) an ongoing analysis and technology effort to support the development
of an objective system design.
(b) INTEGRATED FLIGHT EXPERIMENT PROGRAM BASELINE- Not later than March
15, 2000, the Secretary of Defense, in consultation with the joint venture
contractors for the space-based laser program, shall establish a program
baseline for the integrated flight experiment referred to in subsection
(a)(1).
(c) STRUCTURE OF INTEGRATED FLIGHT EXPERIMENT PROGRAM BASELINE- The
program baseline established under subsection (b) shall be structured to--
(1) demonstrate at the earliest date consistent with the requirements of
this section the fundamental end-to-end capability to acquire, track, and
destroy a boosting ballistic missile with a lethal laser from space;
and
(2) establish a balance between the use of mature technology and more
advanced technology so that the integrated flight experiment, while
providing significant information that can be used in planning and
implementing follow-on phases of the space-based laser program, will be
launched as soon as practicable.
(d) FUNDS AVAILABLE FOR INTEGRATED FLIGHT EXPERIMENT- Amounts shall be
available for the integrated flight experiment as follows:
(1) From amounts available pursuant to section 201(3),
$73,840,000.
(2) From amounts available pursuant to section 201(4),
$75,000,000.
(e) LIMITATION ON OBLIGATION OF FUNDS FOR INTEGRATED FLIGHT EXPERIMENT- No
funds made available in subsection (d) for the integrated flight experiment
may be obligated until the Secretary of the Air Force--
(1) develops a specific spending plan for such amounts; and
(2) provides such plan to the congressional defense committees.
(f) OBJECTIVE SYSTEM DESIGN- To support the development of an objective
system design for a space-based laser system suited to the operational and
technological environment that will exist when such a system can be deployed,
the Secretary of Defense shall establish an analysis and technology effort
that complements the integrated flight experiment. That effort shall include
the following:
(1) Research and development on advanced technologies that will not be
demonstrated on the integrated flight experiment but may be necessary for an
objective system.
(2) Architecture studies to assess alternative constellation and system
performance characteristics.
(3) Planning for the development of a space-based laser prototype
that--
(A) uses the lessons learned from the integrated flight experiment;
and
(B) is supported by the ongoing research and development under
paragraph (1), the architecture studies under paragraph (2), and other
relevant advanced technology research and development.
(g) FUNDS AVAILABLE FOR OBJECTIVE SYSTEM DESIGN DURING FISCAL YEAR 2000-
During fiscal year 2000, the Secretary of the Air Force may use amounts made
available for the integrated flight experiment under subsection (d) for the
purpose of supporting the effort specified in subsection (f) if the Secretary
of the Air Force first--
(1) determines that such amounts are needed for that purpose;
(2) develops a specific spending plan for such amounts; and
(3) consults with the congressional defense committees regarding such
plan.
(h) ANNUAL REPORT- For each year in the three-year period beginning with
the year 2000, the Secretary of Defense shall, not later than March 15 of that
year, submit to the congressional defense committees a report on the
space-based laser program. Each such report shall include the following:
(1) The program baseline for the integrated flight experiment.
(2) Any changes in that program baseline.
(3) A description of the activities of the space-based laser program in
the preceding year.
(4) A description of the activities of the space-based laser program
planned for the next fiscal year.
(5) The funding planned for the space-based laser program throughout the
future-years defense program.
SEC. 235. CRITERIA FOR PROGRESSION OF AIRBORNE LASER
PROGRAM.
(a) MODIFICATION OF PDRR AIRCRAFT- No modification of the PDRR aircraft
may commence until the Secretary of the Air Force certifies to Congress that
the commencement of such modification is justified on the basis of existing
test data and analyses involving the following activities:
(1) The North Oscura Peak test program.
(2) Scintillometry data collection and analysis.
(3) The lethality/vulnerability program.
(4) The countermeasures test and analysis effort.
(5) Reduction and analysis of atmospheric data for fiscal years 1997 and
1998.
(b) ACQUISITION OF EMD AIRCRAFT AND FLIGHT TEST OF PDRR AIRCRAFT- In
carrying out the Airborne Laser program, the Secretary of Defense shall ensure
that the Authority-to-Proceed-2 decision is not made until the Secretary of
Defense--
(1) ensures that the Secretary of the Air Force has developed an
appropriate plan for resolving the technical challenges identified in the
Airborne Laser Program Assessment;
(2) approves that plan; and
(3) submits that plan to the congressional defense committees.
(c) ENTRY INTO EMD PHASE- The Secretary of Defense shall ensure that the
Milestone II decision is not made until--
(1) the PDRR aircraft undergoes a robust series of flight tests that
validates the technical maturity of the Airborne Laser program and provides
sufficient information regarding the performance of the Airborne Laser
system; and
(2) sufficient technical information is available to determine whether
adequate progress is being made in the ongoing effort to address the
operational issues identified in the Airborne Laser Program
Assessment.
(d) MODIFICATION OF EMD AIRCRAFT- The Secretary of the Air Force may not
commence any modification of the EMD aircraft until the Milestone II decision
is made.
(e) DEFINITIONS- In this section:
(1) The term `PDRR aircraft' means the aircraft relating to the program
definition and risk reduction phase of the Airborne Laser program.
(2) The term `EMD aircraft' means the aircraft relating to the
engineering and manufacturing development phase of the Airborne Laser
program.
(3) The term `Authority-to-Proceed-2 decision' means the decision
allowing acquisition of the EMD aircraft and flight testing of the PDRR
aircraft.
(4) The term `Milestone II decision' means the decision allowing the
entry of the Airborne Laser program into the engineering and manufacturing
development phase.
(5) The term `Airborne Laser Program Assessment' means the report titled
`Assessment of Technical and Operational Aspects of the Airborne Laser
Program', submitted to Congress by the Secretary of Defense on March 9,
1999.
SEC. 236. SENSE OF CONGRESS REGARDING BALLISTIC MISSILE DEFENSE
TECHNOLOGY FUNDING.
It is the sense of Congress that--
(1) because technology development provides the basis for future weapon
systems, it is important to maintain a healthy balance between funding for
the development of technology for ballistic missile defense systems and
funding for the acquisition of ballistic missile defense systems;
(2) funding planned within the future-years defense program of the
Department of Defense should be sufficient to support the development of
technology for future and follow-on ballistic missile defense systems while
simultaneously supporting the acquisition of ballistic missile defense
systems; and
(3) the Secretary of Defense should seek to ensure that funding in the
future-years defense program is adequate both for the development of
technology for advanced ballistic missile defense systems and for the major
existing programs for the acquisition of ballistic missile defense
systems.
SEC. 237. REPORT ON NATIONAL MISSILE DEFENSE.
Not later than March 15, 2000, the Secretary of Defense shall submit to
Congress the Secretary's assessment of the advantages or disadvantages of a
two-site deployment of a ground-based National Missile Defense system, with
special reference to considerations of the world-wide ballistic missile
threat, defensive coverage, redundancy and survivability, and economies of
scale.
Subtitle D--Research and Development for Long-Term Military
Capabilities
SEC. 241. QUADRENNIAL REPORT ON EMERGING OPERATIONAL
CONCEPTS.
(a) IN GENERAL- (1) Chapter 23 of title 10, United States Code, is amended
by adding at the end the following new section:
`Sec. 486. Quadrennial report on emerging operational concepts
`(a) QUADRENNIAL REPORT REQUIRED- Not later than March 1 of each year
evenly divisible by four, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed Services
of the House of Representatives a report on emerging operational concepts.
Each such report shall be prepared by the Secretary in consultation with the
Chairman of the Joint Chiefs of Staff.
`(b) CONTENT OF REPORT RELATING TO DOD PROCESSES- Each such report shall
contain a description, for the four years preceding the year in which the
report is submitted, of the following:
`(1) The process undertaken in the Department of Defense, and in each of
the Army, Navy, Air Force, and Marine Corps, to define and develop doctrine,
operational concepts, organizational concepts, and acquisition strategies to
address--
`(A) the potential of emerging technologies for significantly
improving the operational effectiveness of the armed forces;
`(B) changes in the international order that may necessitate changes
in the operational capabilities of the armed forces;
`(C) emerging capabilities of potential adversary states; and
`(D) changes in defense budget projections.
`(2) The manner in which the processes described in paragraph (1) are
harmonized to ensure that there is a sufficient consideration of the
development of joint doctrine, operational concepts, and acquisition
strategies.
`(3) The manner in which the processes described in paragraph (1) are
coordinated through the Joint Requirements Oversight Council and reflected
in the planning, programming, and budgeting process of the Department of
Defense.
`(c) CONTENT OF REPORT RELATING TO IDENTIFICATION OF TECHNOLOGICAL
OBJECTIVES FOR RESEARCH AND DEVELOPMENT- Each report under this section shall
set forth the military capabilities that are necessary for meeting national
security requirements over the next two to three decades, including--
`(1) the most significant strategic and operational capabilities
(including both armed force-specific and joint capabilities) that are
necessary for the armed forces to prevail against the most dangerous
threats, including asymmetrical threats, that could be posed to the national
security interests of the United States by potential adversaries from 20 to
30 years in the future;
`(2) the key characteristics and capabilities of future military systems
(including both armed force-specific and joint systems) that will be needed
to meet each such threat; and
`(3) the most significant research and development challenges that must
be met, and the technological breakthroughs that must be made, to develop
and field such systems.'.
(2) The table of sections at the beginning of such chapter is amended by
adding at the end the following new item:
`486. Quadrennial report on emerging operational concepts.'.
(b) CONFORMING REPEAL- Section 1042 of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2642; 10 U.S.C. 113
note) is repealed.
SEC. 242. TECHNOLOGY AREA REVIEW AND ASSESSMENT.
Section 270(b) of the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104-201; 110 Stat. 2469; 10 U.S.C. 2501 note) is amended to
read as follows:
`(b) TECHNOLOGY AREA REVIEW AND ASSESSMENT- With the submission of the
plan under subsection (a) each year, the Secretary shall also submit to the
committees referred to in that subsection a summary of each technology area
review and assessment conducted by the Department of Defense in support of
that plan.'.
SEC. 243. REPORT BY UNDER SECRETARY OF DEFENSE FOR ACQUISITION,
TECHNOLOGY, AND LOGISTICS.
(a) REQUIREMENT- The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall submit to the congressional defense committees
a report on the actions that are necessary to promote the research base and
technological development that will be needed for ensuring that the Armed
Forces have the military capabilities that are necessary for meeting national
security requirements over the next two to three decades.
(b) CONTENT- The report shall include the actions that have been taken or
are planned to be taken within the Department of Defense to ensure that--
(1) the Department of Defense laboratories place an appropriate emphasis
on revolutionary changes in military operations and the new technologies
that will be necessary to support those operations;
(2) the Department helps sustain a high-quality national research base
that includes organizations attuned to the needs of the Department, the
fostering and creation of revolutionary technologies useful to the
Department, and the capability to identify opportunities for new military
capabilities in emerging scientific knowledge;
(3) the Department can identify, provide appropriate funding for, and
ensure the coordinated development of joint technologies that will serve the
needs of more than one of the Armed Forces;
(4) the Department can identify militarily relevant technologies that
are developed in the private sector, rapidly incorporate those technologies
into defense systems, and effectively utilize technology transfer
processes;
(5) the Department can effectively and efficiently manage the transition
of new technologies from the applied research and advanced technological
development stage through the product development stage in a manner that
ensures that maximum advantage is obtained from advances in technology;
and
(6) the Department's educational institutions for the officers of the
uniformed services incorporate into their officer education and training
programs, as appropriate, materials necessary to ensure that the officers
have the familiarity with the processes, advances, and opportunities in
technology development that is necessary for making decisions that ensure
the superiority of United States defense technology in the future.
SEC. 244. DARPA PROGRAM FOR AWARD OF COMPETITIVE PRIZES TO ENCOURAGE
DEVELOPMENT OF ADVANCED TECHNOLOGIES.
(a) AUTHORITY- Chapter 139 of title 10, United States Code, is amended by
inserting after section 2374 the following new section:
`Sec. 2374a. Prizes for advanced technology achievements
`(a) AUTHORITY- The Secretary of Defense, acting through the Director of
the Defense Advanced Research Projects Agency, may carry out a program to
award cash prizes in recognition of outstanding achievements in basic,
advanced, and applied research, technology development, and prototype
development that have the potential for application to the performance of the
military missions of the Department of Defense.
`(b) COMPETITION REQUIREMENTS- The program under subsection (a) shall use
a competitive process for the selection of recipients of cash prizes. The
process shall include the widely-advertised solicitation of submissions of
research results, technology developments, and prototypes.
`(c) LIMITATIONS- (1) The total amount made available for award of cash
prizes in a fiscal year may not exceed $10,000,000.
`(2) No prize competition may result in the award of more than $1,000,000
in cash prizes without the approval of the Under Secretary of Defense for
Acquisition, Technology, and Logistics.
`(d) RELATIONSHIP TO OTHER AUTHORITY- The program under subsection (a) may
be carried out in conjunction with or in addition to the exercise of any other
authority of the Director to acquire, support, or stimulate basic, advanced
and applied research, technology development, or prototype projects.
`(e) ANNUAL REPORT- Promptly after the end of each fiscal year, the
Secretary shall submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the administration of the program for
that fiscal year. The report shall include the following:
`(1) The military applications of the research, technology, or
prototypes for which prizes were awarded.
`(2) The total amount of the prizes awarded.
`(3) The methods used for solicitation and evaluation of submissions,
together with an assessment of the effectiveness of those methods.
`(f) PERIOD OF AUTHORITY- The authority to award prizes under subsection
(a) shall terminate at the end of September 30, 2003.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by inserting after the item relating to section 2374 the
following new item:
`2374a. Prizes for advanced technology achievements.'.
SEC. 245. ADDITIONAL PILOT PROGRAM FOR REVITALIZING DEPARTMENT OF
DEFENSE LABORATORIES.
(a) AUTHORITY- (1) The Secretary of Defense may carry out a pilot program
to demonstrate improved efficiency in the performance of research,
development, test, and evaluation functions of the Department of Defense. The
pilot program under this section is in addition to, but may be carried out in
conjunction with, the pilot program authorized by section 246 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law
105-261; 112 Stat. 1955; 10 U.S.C. 2358 note).
(2) Under the pilot program, the Secretary of Defense shall provide the
director of one science and technology laboratory, and the director of one
test and evaluation laboratory, of each military department with authority for
the following:
(A) To ensure that the laboratories selected can attract a workforce
appropriately balanced between permanent and temporary personnel and among
workers with an appropriate level of skills and experience and that those
laboratories can effectively compete in hiring to obtain the finest
scientific talent.
(B) To develop or expand innovative methods of operation that provide
more defense research for each dollar of cost, including carrying out
initiatives such as focusing on the performance of core functions and
adopting more business-like practices.
(C) To waive any restrictions not required by law that apply to the
demonstration and implementation of methods for achieving the objectives set
forth in subparagraphs (A) and (B).
(3) In selecting the laboratories for participation in the pilot program,
the Secretary shall consider laboratories where innovative management
techniques have been demonstrated, particularly as documented under sections
1115 through 1119 of title 31, United States Code, relating to Government
agency performance and results.
(4) The Secretary may carry out the pilot program at each selected
laboratory for a period of three years beginning not later than March 1,
2000.
(b) REPORTS- (1) Not later than March 1, 2000, the Secretary of Defense
shall submit to Congress a report on the implementation of the pilot program.
The report shall include the following:
(A) Each laboratory selected for the pilot program.
(B) To the extent possible, a description of the innovative concepts
that are to be tested at each laboratory.
(C) The criteria to be used for measuring the success of each concept to
be tested.
(2) Promptly after the expiration of the period for participation of a
laboratory in the pilot program, the Secretary of Defense shall submit to
Congress a final report on the participation of that laboratory in the pilot
program. The report shall include the following:
(A) A description of the concepts tested.
(B) The results of the testing.
(D) Any proposal for legislation that the Secretary recommends on the
basis of the experience at that laboratory under the pilot program.
Subtitle E--Other Matters
SEC. 251. DEVELOPMENT OF DEPARTMENT OF DEFENSE LASER MASTER PLAN AND
EXECUTION OF SOLID STATE LASER PROGRAM.
(a) MASTER PLAN REQUIRED- The Secretary of Defense shall develop a unified
plan of the Department of Defense to develop laser technology for potential
weapons applications (in this section referred to as the `laser master plan').
In developing the plan, the Secretary shall consult with the Secretary of
Energy and the Secretaries of the military departments.
(b) CONTENTS OF LASER MASTER PLAN- The laser master plan shall include the
following:
(1) Identification of potential weapons applications of chemical, solid
state, and other lasers.
(2) Identification of critical technologies and manufacturing
capabilities required to achieve such weapons applications.
(3) A development path for those critical technologies and manufacturing
capabilities.
(4) Identification of the funding required in future fiscal years to
carry out the laser master plan.
(5) Identification of unfunded requirements in the laser master
plan.
(6) An appropriate management and oversight structure to carry out the
laser master plan.
(c) REPORT- Not later than March 15, 2000, the Secretary of Defense shall
submit to the congressional defense committees a report containing the laser
master plan.
(d) RECOMMENDATIONS FOR EXECUTIVE AGENT FOR SOLID STATE LASER PROGRAMS-
Upon the completion of the laser master plan, the Secretary of Defense shall
submit to the congressional defense committees the recommendations of the
Secretary as to the establishment of an executive agent to coordinate,
implement, and oversee the execution of the elements of the laser master plan
that relate to solid state lasers.
(e) DEVELOPMENT AND DEMONSTRATION OF SOLID STATE LASER TECHNOLOGY- The
Secretary of the Army shall--
(1) initiate, not later than November 1, 1999, or 30 days after the date
of the enactment of this Act, whichever is later, a development program for
solid state laser technologies; and
(2) demonstrate solid state laser technology consistent with the
objectives of the technical partnership between the United States Army Space
and Missile Defense Command and the Lawrence Livermore National Laboratory,
Livermore, California, with a goal of achieving a solid state laser of 100
kilowatt average power.
(f) FUNDING- From amounts available pursuant to section 201(1),
$20,000,000 shall be available to carry out the activities specified in
subsection (e).
SEC. 252. REPORT ON AIR FORCE DISTRIBUTED MISSION TRAINING.
(a) REQUIREMENT- The Secretary of the Air Force shall submit to Congress,
not later than January 31, 2000, a report on the Air Force Distributed Mission
Training program.
(b) CONTENT OF REPORT- The report shall include a discussion of the
following:
(1) The progress that the Air Force has made to demonstrate and prove
the Air Force Distributed Mission Training concept of linking geographically
separated, high-fidelity simulators to provide a mission rehearsal
capability for Air Force units, and any units of any of the other Armed
Forces as may be necessary, to train together from their home
stations.
(2) The actions that have been taken or are planned to be taken within
the Department of the Air Force to ensure that--
(A) an independent study of all requirements, technologies, and
acquisition strategies essential to the formulation of a sound Distributed
Mission Training program is under way; and
(B) all Air Force laboratories and other Air Force facilities
necessary to the research, development, testing, and evaluation of the
Distributed Mission Training program have been assessed regarding the
availability of the necessary resources to demonstrate and prove the Air
Force Distributed Mission Training concept.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction
Fund.
Sec. 305. Transfer to Defense Working Capital Funds to support Defense
Commissary Agency.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 311. Armed Forces Emergency Services.
Sec. 312. Replacement of nonsecure tactical radios of the 82nd Airborne
Division.
Sec. 313. Large medium-speed roll-on/roll-off (LMSR) program.
Sec. 314. Contributions for Spirit of Hope endowment fund of United
Service Organizations, Incorporated.
Subtitle C--Environmental Provisions
Sec. 321. Extension of limitation on payment of fines and penalties
using funds in environmental restoration accounts.
Sec. 322. Modification of requirements for annual reports on
environmental compliance activities.
Sec. 323. Defense environmental technology program and investment
control process for environmental technologies.
Sec. 324. Modification of membership of Strategic Environmental Research
and Development Program Council.
Sec. 325. Extension of pilot program for sale of air pollution emission
reduction incentives.
Sec. 326. Reimbursement for certain costs in connection with Fresno Drum
Superfund Site, Fresno, California.
Sec. 327. Payment of stipulated penalties assessed under CERCLA in
connection with F.E. Warren Air Force Base, Wyoming.
Sec. 328. Remediation of asbestos and lead-based paint.
Sec. 329. Release of information to foreign countries regarding any
environmental contamination at former United States military installations
in those countries.
Sec. 330. Toussaint River ordnance mitigation study.
Subtitle D--Depot-Level Activities
Sec. 331. Sales of articles and services of defense industrial
facilities to purchasers outside the Department of Defense.
Sec. 332. Contracting authority for defense working capital funded
industrial facilities.
Sec. 333. Annual reports on expenditures for performance of depot-level
maintenance and repair workloads by public and private sectors.
Sec. 334. Applicability of competition requirement in contracting out
workloads performed by depot-level activities of Department of
Defense.
Sec. 335. Treatment of public sector winning bidders for contracts for
performance of depot-level maintenance and repair workloads formerly
performed at certain military installations.
Sec. 336. Additional matters to be reported before prime vendor contract
for depot-level maintenance and repair is entered into.
Subtitle E--Performance of Functions by Private-Sector Sources
Sec. 341. Reduced threshold for consideration of effect on local
community of changing defense functions to private sector performance.
Sec. 342. Congressional notification of A-76 cost comparison
waivers.
Sec. 343. Report on use of employees of non-Federal entities to provide
services to Department of Defense.
Sec. 344. Evaluation of Total System Performance Responsibility
Program.
Sec. 345. Sense of Congress regarding process for modernization of army
computer services.
Subtitle F--Defense Dependents Education
Sec. 351. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department of Defense civilian
employees.
Sec. 352. Unified school boards for all Department of Defense domestic
dependent schools in the Commonwealth of Puerto Rico and Guam.
Sec. 353. Continuation of enrollment at Department of Defense domestic
dependent elementary and secondary schools.
Sec. 354. Technical amendments to Defense Dependents' Education Act of
1978.
Subtitle G--Military Readiness Issues
Sec. 361. Independent study of military readiness reporting
system.
Sec. 362. Independent study of Department of Defense secondary inventory
and parts shortages.
Sec. 363. Report on inventory and control of military equipment.
Sec. 364. Comptroller General study of adequacy of Department
restructured sustainment and reengineered logistics product support
practices.
Sec. 365. Comptroller General review of real property maintenance and
its effect on readiness.
Sec. 366. Establishment of logistics standards for sustained military
operations.
Subtitle H--Information Technology Issues
Sec. 371. Discretionary authority to install telecommunication equipment
for persons performing voluntary services.
Sec. 372. Authority for disbursing officers to support use of automated
teller machines on naval vessels for financial transactions.
Sec. 373. Use of Smart Card technology in the Department of
Defense.
Sec. 374. Report on Defense use of Smart Card as PKI authentication
device carrier.
Subtitle I--Other Matters
Sec. 381. Authority to lend or donate obsolete or condemned rifles for
funeral and other ceremonies.
Sec. 382. Extension of warranty claims recovery pilot program.
Sec. 383. Preservation of historic buildings and grounds at United
States Soldiers' and Airmen's Home, District of Columbia.
Sec. 384. Clarification of land conveyance authority, United States
Soldiers' and Airmen's Home.
Sec. 385. Treatment of Alaska, Hawaii, and Guam in Defense household
goods moving programs.
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2000 for
the use of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for, for operation
and maintenance, in amounts as follows:
(1) For the Army, $18,922,494,000.
(2) For the Navy, $22,641,515,000.
(3) For the Marine Corps, $2,724,529,000 .
(4) For the Air Force, $20,961,458,000.
(5) For Defense-wide activities, $11,496,633,000.
(6) For the Army Reserve, $1,441,213,000.
(7) For the Naval Reserve, $937,647,000.
(8) For the Marine Corps Reserve, $135,766,000.
(9) For the Air Force Reserve, $1,750,937,000.
(10) For the Army National Guard, $3,113,684,000.
(11) For the Air National Guard, $3,168,518,000.
(12) For the Defense Inspector General, $138,744,000.
(13) For the United States Court of Appeals for the Armed Forces,
$7,621,000.
(14) For Environmental Restoration, Army, $378,170,000.
(15) For Environmental Restoration, Navy, $284,000,000.
(16) For Environmental Restoration, Air Force, $376,800,000.
(17) For Environmental Restoration, Defense-wide, $25,370,000.
(18) For Environmental Restoration, Formerly Used Defense Sites,
$239,214,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid programs,
$55,800,000.
(20) For Drug Interdiction and Counter-drug Activities, Defense-wide,
$803,500,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $15,000,000.
(22) For Defense Health Program, $10,482,687,000.
(23) For Cooperative Threat Reduction programs, $475,500,000.
(24) For Overseas Contingency Operations Transfer Fund,
$1,879,600,000.
(25) For quality of life enhancements, $1,845,370,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2000 for
the use of the Armed Forces and other activities and agencies of the
Department of Defense for providing capital for working capital and revolving
funds in amounts as follows:
(1) For the Defense Working Capital Funds, $90,344,000.
(2) For the National Defense Sealift Fund, $434,700,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2000 from
the Armed Forces Retirement Home Trust Fund the sum of $68,295,000 for the
operation of the Armed Forces Retirement Home, including the United States
Soldiers' and Airmen's Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANSACTION
FUND.
(a) TRANSFER AUTHORITY- To the extent provided in appropriations Acts, not
more than $150,000,000 is authorized to be transferred from the National
Defense Stockpile Transaction Fund to operation and maintenance accounts for
fiscal year 2000 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) TREATMENT OF TRANSFERS- Amounts transferred under this section--
(1) shall be merged with, and be available for the same purposes and the
same period as, the amounts in the accounts to which transferred; and
(2) may not be expended for an item that has been denied authorization
of appropriations by Congress.
(c) RELATIONSHIP TO OTHER TRANSFER AUTHORITY- The transfer authority
provided in this section is in addition to the transfer authority provided in
section 1001.
SEC. 305. TRANSFER TO DEFENSE WORKING CAPITAL FUNDS TO SUPPORT DEFENSE
COMMISSARY AGENCY.
(a) ARMY OPERATION AND MAINTENANCE FUNDS- The Secretary of the Army shall
transfer $346,154,000 of the amount authorized to be appropriated by section
301(1) for operation and maintenance for the Army to the Defense Working
Capital Funds for the purpose of funding operations of the Defense Commissary
Agency.
(b) NAVY OPERATION AND MAINTENANCE FUNDS- The Secretary of the Navy shall
transfer $263,070,000 of the amount authorized to be appropriated by section
301(2) for operation and maintenance for the Navy to the Defense Working
Capital Funds for the purpose of funding operations of the Defense Commissary
Agency.
(c) MARINE CORPS OPERATION AND MAINTENANCE FUNDS- The Secretary of the
Navy shall transfer $90,834,000 of the amount authorized to be appropriated by
section 301(3) for operation and maintenance for the Marine Corps to the
Defense Working Capital Funds for the purpose of funding operations of the
Defense Commissary Agency.
(d) AIR FORCE OPERATION AND MAINTENANCE FUNDS- The Secretary of the Air
Force shall transfer $309,061,000 of the amount authorized to be appropriated
by section 301(4) for operation and maintenance for the Air Force to the
Defense Working Capital Funds for the purpose of funding operations of the
Defense Commissary Agency.
(e) TREATMENT OF TRANSFERS- Amounts transferred under this section--
(1) shall be merged with, and be available for the same purposes and the
same period as, other amounts in the Defense Working Capital Funds available
for the purpose of funding operations of the Defense Commissary Agency;
and
(2) may not be expended for an item that has been denied authorization
of appropriations by Congress.
(f) RELATIONSHIP TO OTHER TRANSFER AUTHORITY- The transfer requirements of
this section are in addition to the transfer authority provided in section
1001.
Subtitle B--Program Requirements, Restrictions, and
Limitations
SEC. 311. ARMED FORCES EMERGENCY SERVICES.
Of the amount authorized to be appropriated by section 301(5) for
operation and maintenance for Defense-wide activities, $23,000,000 shall be
made available to the American Red Cross to fund the Armed Forces Emergency
Services.
SEC. 312. REPLACEMENT OF NONSECURE TACTICAL RADIOS OF THE 82ND AIRBORNE
DIVISION.
Of the amount authorized to be appropriated by section 301(1) for
operation and maintenance for the Army, such funds as may be necessary, but
not to exceed $5,500,000, shall be available to the Secretary of the Army for
the purpose of replacing nonsecure tactical radios used by the 82nd Airborne
Division with radios, such as models AN/PRC-138 and AN/PRC-148, identified as
being capable of fulfilling mission requirements.
SEC. 313. LARGE MEDIUM-SPEED ROLL-ON/ROLL-OFF (LMSR)
PROGRAM.
(a) AUTHORIZATION OF SHIP- The Secretary of the Navy is authorized to
procure the large medium-speed roll-on/roll-off (LMSR) ship to be designated
T-AKR 307 or T-AKR 317, subject to the availability of appropriations for that
purpose.
(b) AMOUNT AUTHORIZED- Of the amount authorized to be appropriated under
section 302(2) for fiscal year 2000 that is provided for the National Defense
Sealift Fund, $80,000,000 is available for the advance procurement and advance
construction of components for the LMSR program referred to in subsection (a).
The Secretary of the Navy may enter into a contract or contracts with the
shipbuilder and other entities for the advance procurement and advance
construction of those components.
SEC. 314. CONTRIBUTIONS FOR SPIRIT OF HOPE ENDOWMENT FUND OF UNITED
SERVICE ORGANIZATIONS, INCORPORATED.
(a) GRANTS AUTHORIZED- Subject to subsection (c), the Secretary of Defense
may make grants to the United Service Organizations, Incorporated, a federally
chartered corporation under chapter 2201 of title 36, United States Code, to
contribute funds for the USO's Spirit of Hope Endowment Fund.
(b) GRANT INCREMENTS- The amount of the first grant under subsection (a)
may not exceed $2,000,000. The amount of the second grant under such
subsection may not exceed $3,000,000, and subsequent grants may not exceed
$5,000,000.
(c) MATCHING REQUIREMENT- Each grant under subsection (a) may not be made
until after the United Service Organizations, Incorporated, certifies to the
Secretary of Defense that sufficient funds have been raised from non-Federal
sources for deposit in the Spirit of Hope Endowment Fund to match, on a
dollar-for-dollar basis, the amount of that grant.
(d) FUNDING- Of the amount authorized to be appropriated by section 301(5)
for operation and maintenance for Defense-wide activities, $25,000,000 shall
be available to the Secretary of Defense for the purpose of making grants
under subsection (a).
Subtitle C--Environmental Provisions
SEC. 321. EXTENSION OF LIMITATION ON PAYMENT OF FINES AND PENALTIES
USING FUNDS IN ENVIRONMENTAL RESTORATION ACCOUNTS.
Section 2703(e) of title 10, United States Code, is amended by striking
`through 1999,' both places it appears and inserting `through 2010,'.
SEC. 322. MODIFICATION OF REQUIREMENTS FOR ANNUAL REPORTS ON
ENVIRONMENTAL COMPLIANCE ACTIVITIES.
(a) MODIFICATION OF REQUIREMENTS- Subsection (b) of section 2706 of title
10, United States Code, is amended to read as follows:
`(b) REPORT ON ENVIRONMENTAL QUALITY PROGRAMS AND OTHER ENVIRONMENTAL
ACTIVITIES- (1) The Secretary of Defense shall submit to Congress each year,
not later than 45 days after the date on which the President submits to
Congress the budget for a fiscal year, a report on the progress made in
carrying out activities under the environmental quality programs of the
Department of Defense and the military departments.
`(2) Each report shall include the following:
`(A) A description of the environmental quality program of the
Department of Defense, and of each of the military departments, during the
period consisting of the four fiscal years preceding the fiscal year in
which the report is submitted, the fiscal year in which the report is
submitted, and the fiscal year following the fiscal year in which the report
is submitted.
`(B) For each of the major activities under the environmental quality
programs:
`(i) A specification of the amount expended, or proposed to be
expended, in each fiscal year of the period covered by the
report.
`(ii) An explanation for any significant change in the aggregate
amount to be expended in the fiscal year in which the report is submitted,
and in the following fiscal year, when compared with the fiscal year
preceding each such fiscal year.
`(iii) An assessment of the manner in which the scope of the
activities have changed over the course of the period covered by the
report.
`(C) A summary of the major achievements of the environmental quality
programs and of any major problems with the programs.
`(D) A list of the planned or ongoing projects necessary to support the
environmental quality programs during the period covered by the report, the
cost of which has exceeded or is anticipated to exceed $1,500,000. The list
and accompanying material shall include the following:
`(i) A separate listing of the projects inside the United States and
of the projects outside the United States.
`(ii) For each project commenced during the first four fiscal years of
the period covered by the report (other than a project that was reported
as fully executed in the report for a previous fiscal year), a description
of--
`(I) the amount specified in the initial budget request for the
project;
`(II) the aggregate amount allocated to the project through the
fiscal year preceding the fiscal year for which the report is submitted;
and
`(III) the aggregate amount obligated for the project through that
fiscal year.
`(iii) For each project commenced or to be commenced in the fiscal
year in which the report is submitted, a description of--
`(I) the amount specified for the project in the budget for the
fiscal year; and
`(II) the amount allocated to the project in the fiscal
year.
`(iv) For each project to be commenced in the last fiscal year of the
period, a description of the amount, if any, specified for the project in
the budget for the fiscal year.
`(v) If the anticipated aggregate cost of any project covered by the
report will exceed by more than 25 percent the amount specified in the
initial budget request for such project, a justification for that
variance.
`(E) A statement of the fines and penalties imposed or assessed against
the Department of Defense and the military departments under Federal, State,
or local environmental laws during the fiscal year in which the report is
submitted and the four preceding fiscal years, which shall set forth the
following:
`(i) Each Federal environmental statute under which a fine or penalty
was imposed or assessed during each such fiscal year.
`(ii) With respect to each such Federal statute--
`(I) the aggregate amount of fines and penalties imposed under the
statute during each such fiscal year;
`(II) the aggregate amount of fines and penalties paid under the
statute during each such fiscal year; and
`(III) the total amount required during such fiscal years for
supplemental environmental projects in lieu of the payment of a fine or
penalty under the statute and the extent to which the cost of such
projects during such fiscal years has exceeded the original amount of
the fine or penalty.
`(iii) A trend analysis of fines and penalties imposed or assessed
during each such fiscal year for military installations inside and outside
the United States.
`(F) A statement of the amounts expended, and anticipated to be
expended, during the period covered by the report for any activities
overseas relating to the environment, including amounts for activities
relating to environmental remediation, compliance, conservation, pollution
prevention, and environmental technology and amounts for conferences,
meetings, and studies for pilot programs, and for travel related to such
activities.'.
(b) CONFORMING REPEAL- Such section is further amended by striking
subsection (d).
(c) DEFINITIONS- Subsection (e) of such section is amended by adding at
the end the following new paragraphs:
`(4) The term `environmental quality program' means a program of
activities relating to environmental compliance, conservation, pollution
prevention, and such other activities relating to environmental quality as
the Secretary concerned may designate for purposes of the program.
`(5) The term `major activities', with respect to an environmental
quality program, means the following activities under the program:
`(A) Environmental compliance activities.
`(B) Conservation activities.
`(C) Pollution prevention activities.'.
SEC. 323. DEFENSE ENVIRONMENTAL TECHNOLOGY PROGRAM AND INVESTMENT
CONTROL PROCESS FOR ENVIRONMENTAL TECHNOLOGIES.
(a) PURPOSES- The purposes of this section are--
(1) to hold the Department of Defense and the military departments
accountable for achieving performance-based results in the management of
environmental technology by providing a connection between program direction
and the achievement of specific performance-based results;
(2) to assure the identification of end-user requirements for
environmental technology within the military departments;
(3) to assure results, quality of effort, and appropriate levels of
service and support for end-users of environmental technology within the
military departments; and
(4) to promote improvement in the performance of environmental
technologies by establishing objectives for environmental technology
programs, measuring performance against such objectives, and making public
reports on the progress made in such performance.
(b) INVESTMENT CONTROL PROCESS- (1) Chapter 160 of title 10, United States
Code, is amended by adding at the end the following new section:
-`Sec. 2709. Investment control process for environmental technologies
`(a) INVESTMENT CONTROL PROCESS- The Secretary of Defense shall ensure
that the technology planning process developed to implement section 2501 of
this title and section 270(b) of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2469) provides for an
investment control process for the selection, prioritization, management, and
evaluation of environmental technologies by the Department of Defense, the
military departments, and the Defense Agencies.
`(b) PLANNING AND EVALUATION- The environmental technology investment
control process required by subsection (a) shall provide, at a minimum, for
the following:
`(1) The active participation by end-users of environmental technology,
including the officials responsible for the environmental security programs
of the Department of Defense and the military departments, in the selection
and prioritization of environmental technologies.
`(2) The development of measurable performance goals and objectives for
the management and development of environmental technologies and specific
mechanisms for assuring the achievement of the goals and objectives.
`(3) Annual performance reviews to determine whether the goals and
objectives have been achieved and to take appropriate action in the event
that they are not achieved.'.
(2) The table of sections at the beginning of such chapter is amended by
adding at the end the following new item:
`2709. Investment control process for environmental
technologies.'.
(c) ANNUAL REPORT- (1) Section 2706 of such title, as amended by 322(b),
is further amended by inserting after subsection (c) the following new
subsection:
`(d) REPORT ON ENVIRONMENTAL TECHNOLOGY PROGRAM- (1) The Secretary of
Defense shall submit to Congress each year, not later than 45 days after the
date on which the President submits to Congress the budget for a fiscal year,
a report on the progress made by the Department of Defense in achieving the
objectives and goals of its environmental technology program during the
preceding fiscal year and an overall trend analysis for the program covering
the previous four fiscal years.
`(2) Each such report shall include, with respect to each project under
the environmental technology program of the Department of Defense, the
following:
`(A) The performance objectives established for the project for the
fiscal year and an assessment of the performance achieved with respect to
the project in light of performance indicators for the project.
`(B) A description of the extent to which the project met the
performance objectives established for the project for the fiscal
year.
`(C) If a project did not meet the performance objectives for the
project for the fiscal year--
`(i) an explanation for the failure of the project to meet the
performance objectives; and
`(ii) a modified schedule for meeting the performance objectives or,
if a performance objective is determined to be impracticable or infeasible
to meet, a statement of alternative actions to be taken with respect to
the project.'.
(2) The Secretary of Defense shall include in the first report submitted
under section 2706(d) of title 10, United States Code, as added by this
subsection, a description of the steps taken by the Secretary to ensure that
the environmental technology investment control process for the Department of
Defense satisfies the requirements of section 2709 of such title, as added by
subsection (b).
SEC. 324. MODIFICATION OF MEMBERSHIP OF STRATEGIC ENVIRONMENTAL RESEARCH
AND DEVELOPMENT PROGRAM COUNCIL.
Section 2902(b)(1) of title 10, United States Code, is amended by striking
`Director of Defense Research and Engineering' and inserting `Deputy Under
Secretary of Defense for Science and Technology'.
SEC. 325. EXTENSION OF PILOT PROGRAM FOR SALE OF AIR POLLUTION EMISSION
REDUCTION INCENTIVES.
Section 351(a) of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85; 111 Stat. 1692; 10 U.S.C. 2701 note) is amended by
striking paragraph (2) and inserting the following new paragraph:
`(2) The Secretary may not carry out the pilot program after September 30,
2001.'.
SEC. 326. REIMBURSEMENT FOR CERTAIN COSTS IN CONNECTION WITH FRESNO DRUM
SUPERFUND SITE, FRESNO, CALIFORNIA.
(a) AUTHORITY- The Secretary of Defense may pay, using funds described in
subsection (b), to the Fresno Drum Special Account within the Hazardous
Substance Superfund established by section 9507 of the Internal Revenue Code
of 1986 (26 U.S.C. 9507) to reimburse the Environmental Protection Agency for
costs incurred by the Agency for actions taken under CERCLA at the Fresno
Industrial Supply, Inc., site in Fresno, California, the following amounts:
(1) Not more than $778,425 for past response costs incurred by the
Agency.
(2) The amount of the costs identified as `interest' costs pursuant to
the agreement known as the `CERCLA Section 122(h)(1) Agreement for Payment
of Future Response Costs and Recovery of Past Response Costs In the Matter
of: Fresno Industrial Supply Inc. Site, Fresno, California' that was entered
into by the Department of Defense and the Environmental Protection Agency on
May 22, 1998.
(b) SOURCE OF FUNDS FOR PAYMENT- (1) Subject to paragraph (2), any payment
under subsection (a) shall be made using the following amounts:
(A) Amounts authorized to be appropriated by section 301 to the
Environmental Restoration Account, Defense, established by section
2703(a)(1) of title 10, United States Code.
(B) Amounts authorized to be appropriated by section 301 to the
Environmental Restoration Account, Army, established by section 2703(a)(2)
of such title.
(C) Amounts authorized to be appropriated by section 301 to the
Environmental Restoration Account, Navy, established by section 2703(a)(3)
of such title.
(D) Amounts authorized to be appropriated by section 301 to the
Environmental Restoration Account, Air Force, established by section
2703(a)(4) of such title.
(2) The portion of a payment under paragraph (1) that is derived from any
account referred to in such paragraph shall bear the same ratio to the total
amount of such payment as the amount of the hazardous substances at the Fresno
Industrial Supply, Inc., site that are attributable to the department
concerned bears to the total amount of the hazardous substances at that
site.
(c) CERCLA DEFINED- In this section, the term `CERCLA' means the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
SEC. 327. PAYMENT OF STIPULATED PENALTIES ASSESSED UNDER CERCLA IN
CONNECTION WITH F.E. WARREN AIR FORCE BASE, WYOMING.
(a) AUTHORITY- The Secretary of the Air Force may pay, using funds
described in subsection (b), not more than $20,000 as payment of stipulated
civil penalties assessed on January 13, 1998, against F.E. Warren Air Force
Base, Wyoming, under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(b) SOURCE OF FUNDS FOR PAYMENT- Any payment under subsection (a) shall be
made using amounts authorized to be appropriated by section 301 to the
Environmental Restoration Account, Air Force, established by section
2703(a)(4) of title 10, United States Code.
SEC. 328. REMEDIATION OF ASBESTOS AND LEAD-BASED PAINT.
(a) USE OF EXISTING CONTRACT VEHICLES- The Secretary of Defense shall give
appropriate consideration to existing contract vehicles, including Army Corps
of Engineers indefinite delivery, indefinite quantity contracts, to provide
for the remediation of asbestos and lead-based paint at military installations
within the United States.
(b) SELECTION- The Secretary of Defense shall select the most
cost-effective contract vehicle in accordance with all applicable Federal and
State laws and Department of Defense regulations.
SEC. 329. RELEASE OF INFORMATION TO FOREIGN COUNTRIES REGARDING ANY
ENVIRONMENTAL CONTAMINATION AT FORMER UNITED STATES MILITARY INSTALLATIONS IN
THOSE COUNTRIES.
(a) RESPONSE TO REQUEST FOR INFORMATION- Except as provided in subsection
(b), upon request by the government of a foreign country from which United
States Armed Forces were withdrawn in 1992, the Secretary of Defense
shall--
(1) release to that government available information relevant to the
ability of that government to determine the nature and extent of
environmental contamination, if any, at a site in that foreign country where
the United States operated a military base, installation, or facility before
the withdrawal of the United States Armed Forces in 1992; or
(2) report to Congress on the nature of the information requested and
the reasons why the information is not being released.
(b) LIMITATION ON RELEASE- Subsection (a)(1) does not apply to--
(1) any information request described in such subsection that is
received by the Secretary of Defense after the end of the one-year period
beginning on the date of the enactment of this Act;
(2) any information that the Secretary determines has been previously
provided to the foreign government; and
(3) any information that the Secretary of Defense believes could
adversely affect United States national security.
(c) LIABILITY OF THE UNITED STATES- The requirement to provide information
under subsection (a)(1) may not be construed to establish on the part of the
United States any liability or obligation for the costs of environmental
restoration or remediation at any site referred to in such subsection.
SEC. 330. TOUSSAINT RIVER ORDNANCE MITIGATION STUDY.
(a) ORDNANCE MITIGATION STUDY- (1) The Secretary of Defense shall conduct
a study and is authorized to remove ordnance infiltrating the Federal
navigation channel and adjacent shorelines of the Toussaint River in Ottawa
County, Ohio.
(2) In conducting the study, the Secretary shall take into account any
information available from other studies conducted in connection with the
Federal navigation channel described in paragraph (1).
(b) REPORT ON STUDY RESULTS- (1) Not later than April 1, 2000, the
Secretary of Defense shall submit to the congressional defense committees and
the Committee on Environment and Public Works of the Senate a report that
summarizes the results of the study conducted under subsection (a).
(2) The Secretary shall include in the report recommendations regarding
the continuation or termination of any ongoing use of Lake Erie as an ordnance
firing range, and explain any recommendation to continue such activities. The
Secretary shall conduct the evaluation and assessment in consultation with the
government of the State of Ohio and local government entities and with
appropriate Federal agencies.
(c) LIMITATION ON EXPENDITURES- Not more than $800,000 may be expended to
conduct the study under subsection (a) and prepare the report under subsection
(b). However, nothing in this section is intended to require non-Federal
cost-sharing of the costs to perform the study.
(d) AUTHORIZATION- Consistent with existing laws, and after providing
notice to Congress, the Secretary of Defense may work with the other relevant
Federal, State, local, or private entities to remove ordnance resulting from
infiltration into the Federal navigation channel and adjacent shorelines of
the Toussaint River in Ottawa County, Ohio, using funds authorized to be
appropriated for that specific purpose in fiscal year 2000.
(e) RELATION TO OTHER LAWS AND AGREEMENTS- This section is not intended to
modify any authorities provided to the Secretary of the Army by the Water
Resources Development Act of 1986 (33 U.S.C. 2201 et seq.), nor is it intended
to modify any non-Federal cost-sharing responsibilities outlined in any local
cooperation agreements.
Subtitle D--Depot-Level Activities
SEC. 331. SALES OF ARTICLES AND SERVICES OF DEFENSE INDUSTRIAL
FACILITIES TO PURCHASERS OUTSIDE THE DEPARTMENT OF DEFENSE.
(a) WAIVER OF CERTAIN CONDITIONS- (1) Section 2208(j) of title 10, United
States Code, is amended--
(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and
(B), respectively;
(B) by inserting `(1)' after `(j)'; and
(C) by adding at the end the following new paragraph:
`(2) The Secretary of Defense may waive the conditions in paragraph (1) in
the case of a particular sale if the Secretary determines that the waiver is
necessary for reasons of national security and notifies Congress regarding the
reasons for the waiver.'.
(2) Section 2553(c) of such title is amended--
(A) by redesignating paragraphs (1) through (6) as subparagraphs (A)
through (F), respectively;
(B) by inserting `(1)' before `A sale'; and
(C) by adding at the end the following new paragraph:
`(2) The Secretary of Defense may waive the condition in paragraph (1)(A)
and subsection (a)(1) that an article or service must be not available from a
United States commercial source in the case of a particular sale if the
Secretary determines that the waiver is necessary for reasons of national
security and notifies Congress regarding the reasons for the waiver.'.
(b) CLARIFICATION OF COMMERCIAL NONAVAILABILITY- Section 2553(g) of such
title is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new paragraph:
`(2) The term `not available', with respect to an article or service
proposed to be sold under this section, means that the article or service is
unavailable from a commercial source in the required quantity and quality or
within the time required.'.
SEC. 332. CONTRACTING AUTHORITY FOR DEFENSE WORKING CAPITAL FUNDED
INDUSTRIAL FACILITIES.
Section 2208(j)(1) of title 10, United States Code, as amended by section
331, is further amended--
(1) in the matter preceding subparagraph (A), by striking `or
remanufacturing' and inserting `, remanufacturing, and engineering';
(2) in subparagraph (A), by inserting `or a subcontract under a
Department of Defense contract' before the semicolon; and
(3) in subparagraph (B), by striking `Department of Defense solicitation
for such contract' and inserting `solicitation for the contract or
subcontract'.
SEC. 333. ANNUAL REPORTS ON EXPENDITURES FOR PERFORMANCE OF DEPOT-LEVEL
MAINTENANCE AND REPAIR WORKLOADS BY PUBLIC AND PRIVATE SECTORS.
Subsection (e) of section 2466 of title 10, United States Code, is amended
to read as follows:
`(e) ANNUAL REPORTS- (1) Not later than February 1 of each year, the
Secretary of Defense shall submit to Congress a report identifying, for each
of the armed forces (other than the Coast Guard) and each Defense Agency, the
percentage of the funds referred to in subsection (a) that were expended
during the preceding two fiscal years for performance of depot-level
maintenance and repair workloads by the public and private sectors, as
required by this section.
`(2) Not later than April 1 of each year, the Secretary of Defense shall
submit to Congress a report identifying, for each of the armed forces (other
than the Coast Guard) and each Defense Agency, the percentage of the funds
referred to in subsection (a) that are projected to be expended during each of
the next five fiscal years for performance of depot-level maintenance and
repair workloads by the public and private sectors, as required by this
section.
`(3) Not later than 60 days after the date on which the Secretary submits
a report under this subsection, the Comptroller General shall submit to
Congress the Comptroller General's views on whether--
`(A) in the case of a report under paragraph (1), the Department of
Defense has complied with the requirements of subsection (a) for the fiscal
years covered by the report; and
`(B) in the case of a report under paragraph (2), the expenditure
projections for future fiscal years are reasonable.'.
SEC. 334. APPLICABILITY OF COMPETITION REQUIREMENT IN CONTRACTING OUT
WORKLOADS PERFORMED BY DEPOT-LEVEL ACTIVITIES OF DEPARTMENT OF
DEFENSE.
Section 2469(b) of title 10, United States Code, is amended by inserting
`(including the cost of labor and materials)' after `$3,000,000'.
SEC. 335. TREATMENT OF PUBLIC SECTOR WINNING BIDDERS FOR CONTRACTS FOR
PERFORMANCE OF DEPOT-LEVEL MAINTENANCE AND REPAIR WORKLOADS FORMERLY PERFORMED
AT CERTAIN MILITARY INSTALLATIONS.
Section 2469a of title 10, United States Code, is amended by adding at the
end the following new subsection:
`(i) OVERSIGHT OF CONTRACTS AWARDED PUBLIC ENTITIES- The Secretary of
Defense or the Secretary concerned may not impose on a public sector entity
awarded a contract for the performance of any depot-level maintenance and
repair workload described in subsection (b) any requirements regarding
management systems, reviews, oversight, or reporting that are significantly
different from the requirements used in the performance and management of
other similar or identical depot-level maintenance and repair workloads by the
entity, unless the requirements are specifically provided in the solicitation
for the contract or are necessary to ensure compliance with the terms of the
contract.'.
SEC. 336. ADDITIONAL MATTERS TO BE REPORTED BEFORE PRIME VENDOR CONTRACT
FOR DEPOT-LEVEL MAINTENANCE AND REPAIR IS ENTERED INTO.
Section 346(a) of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1979; 10 U.S.C. 2464 note)
is amended--
(1) by striking `and' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and inserting a
semicolon; and
(3) by adding at the end the following new paragraphs:
`(3) contains an analysis of the extent to which the contract conforms
to the requirements of section 2466 of title 10, United States Code;
and
`(4) describes the measures taken to ensure that the contract does not
violate the core logistics policies, requirements, and restrictions set
forth in section 2464 of that title.'.
Subtitle E--Performance of Functions by Private-Sector
Sources
SEC. 341. REDUCED THRESHOLD FOR CONSIDERATION OF EFFECT ON LOCAL
COMMUNITY OF CHANGING DEFENSE FUNCTIONS TO PRIVATE SECTOR
PERFORMANCE.
Section 2461(b)(3)(B)(ii) of title 10, United States Code, is amended by
striking `75 employees' and inserting `50 employees'.
SEC. 342. CONGRESSIONAL NOTIFICATION OF A-76 COST COMPARISON
WAIVERS.
(a) NOTIFICATION REQUIRED- Section 2467 of title 10, United States Code,
is amended by adding at the end the following new subsection:
`(c) CONGRESSIONAL NOTIFICATION OF COST COMPARISON WAIVER- (1) Not later
than 10 days after a decision is made to waive the cost comparison study
otherwise required under Office of Management and Budget Circular A-76 as part
of the process to convert to contractor performance any commercial activity of
the Department of Defense, the Secretary of Defense shall submit to Congress a
report describing the commercial activity subject to the waiver and the
rationale for the waiver.
`(2) The report shall also include the following:
`(A) The total number of civilian employees or military personnel
currently performing the function to be converted to contractor
performance.
`(B) A description of the competitive procedure used to award a contract
for contractor performance of the commercial activity.
`(C) The anticipated savings to result from the waiver and resulting
conversion to contractor performance.'.
(b) CLERICAL AMENDMENTS- (1) The heading of such section is amended to
read as follows:
-`Sec. 2467. Cost comparisons: inclusion of retirement costs; consultation
with employees; waiver of comparison'.
(2) The table of sections at the beginning of chapter 146 of such title is
amended by striking the item relating to section 2467 and inserting the
following new item:
`2467. Cost comparisons: inclusion of retirement costs; consultation with
employees; waiver of comparison.'.
SEC. 343. REPORT ON USE OF EMPLOYEES OF NON-FEDERAL ENTITIES TO PROVIDE
SERVICES TO DEPARTMENT OF DEFENSE.
(a) REPORT REQUIRED- Not later than March 1, 2001, the Secretary of
Defense shall submit to Congress a report describing the use during the
previous fiscal year of non-Federal entities to provide services to the
Department of Defense.
(b) CONTENT OF REPORT- To the extent practicable using information
available from existing data collection and reporting systems available to the
Department of Defense and the non-Federal entities referred to in subsection
(a), the report shall--
(1) specify the number of work year equivalents performed by individuals
employed by non-Federal entities in providing services to the Department,
including both direct and indirect labor attributable to the provision of
the services;
(2) categorize the information by Federal supply class or service code;
and
(3) indicate the appropriation from which the services were funded and
the major organizational element of the Department procuring the
services.
(c) LIMITATION ON REQUIREMENT FOR NON-FEDERAL ENTITIES TO PROVIDE
INFORMATION- For the purposes of meeting the requirements set forth in
subsection (b), the Secretary may not require the provision of information
beyond the information that is currently provided to the Department by the
non-Federal entities referred to in subsection (a), except for the number of
direct and indirect work year equivalents associated with Department of
Defense contracts, identified by contract number, to the extent this
information is available to the contractor from existing data collection
systems.
SEC. 344. EVALUATION OF TOTAL SYSTEM PERFORMANCE RESPONSIBILITY
PROGRAM.
(a) REPORT REQUIRED- Not later than February 1, 2000, the Secretary of the
Air Force shall submit to Congress a report identifying all Air Force programs
that--
(1) are currently managed under the Total System Performance
Responsibility Program or similar programs; or
(2) are presently planned to be managed using the Total System
Performance Responsibility Program or a similar program.
(b) EVALUATION- As part of the report required by subsection (a), the
Secretary of the Air Force shall include an evaluation of the following:
(1) The manner in which the Total System Performance Responsibility
Program and similar programs support the readiness and warfighting
capability of the Armed Forces and complement the support of the logistics
depots.
(2) The effect of the Total System Performance Responsibility Program
and similar programs on the maintenance of core Government logistics
management skills.
(3) The process and criteria used by the Air Force to determine whether
Government employees or the private sector should perform sustainment
management functions.
(c) COMPTROLLER GENERAL REVIEW- Not later than 30 days after the date on
which the report required by subsection (a) is submitted to Congress, the
Comptroller General shall review the report and submit to Congress a briefing
evaluating the report.
SEC. 345. SENSE OF CONGRESS REGARDING PROCESS FOR MODERNIZATION OF ARMY
COMPUTER SERVICES.
(a) PURPOSE OF MODERNIZATION- It is the sense of Congress that any
modernization of computer services (also known as the Army Wholesale Logistics
Modernization Program) of the Army Communications Electronics Command of the
Army Materiel Command to replace the systems currently provided by the
Logistics Systems Support Center in St. Louis, Missouri, and the Industrial
Logistics System Center in Chambersburg, Pennsylvania, should have as a
primary goal the sustainment of military readiness.
(b) USE OF STANDARD INDUSTRY INTEGRATION PRACTICES- It is the sense of
Congress that, in order to sustain readiness, any contract for the
modernization of the computer services referred to in subsection (a), in
addition to containing all of the requirements specified by the Secretary of
the Army, should require the use of standard industry integration practices to
provide further readiness risk mitigation.
(c) PROPOSED CONTRACTOR PRACTICES- It is the sense of Congress that the
following practices should be employed by any contractor engaged in the
modernization of the computer services referred to in subsection (a) to ensure
continued readiness:
(1) TESTING PRACTICES- Before any proposed modernization solution is
implemented, the solution should be rigorously tested to ensure that it
meets the performance requirements of the Army and all other functional
requirements. At each step in the testing process, confirmation of
successful test completion should be required before the contractor begins
the next step of the modernization process.
(2) IMPLEMENTATION TEAM- The Secretary of the Army should establish an
implementation team to monitor efficiencies and effectiveness of the
modernization solutions.
(d) READINESS SUSTAINMENT- It is the sense of Congress that the following
additional readiness sustainment measures should be undertaken as part of the
modernization of the computer services referred to in subsection (a):
(1) GOVERNMENT OVERSIGHT- It is extremely important that the Army
Materiel Command retains sufficient in-house expertise to ensure that
readiness is not adversely affected by the modernization efforts and to
effectively oversee contractor performance.
(2) USE OF CONTRACT PARTNERING- The Army Materiel Command should
encourage partnerships with the contractor, with the primary goal of
providing quality contract deliverables on time and at a reasonable price.
Any such partnership agreement should constitute a mutual commitment on how
the Army Materiel Command and the contractor will interact during the course
of the contract, with the objective of facilitating optimum contract
performance through teamwork, enhanced communications, cooperation, and good
faith performance.
Subtitle F--Defense Dependents Education
SEC. 351. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES.
(a) MODIFIED DEPARTMENT OF DEFENSE PROGRAM FOR FISCAL YEAR 2000- Of the
amount authorized to be appropriated by section 301(5) for operation and
maintenance for Defense-wide activities, $35,000,000 shall be available only
for the purpose of providing educational agencies assistance (as defined in
subsection (d)(1)) to local educational agencies.
(b) NOTIFICATION- Not later than June 30, 2000, the Secretary of Defense
shall notify each local educational agency that is eligible for educational
agencies assistance for fiscal year 2000 of--
(1) that agency's eligibility for educational agencies assistance;
and
(2) the amount of the educational agencies assistance for which that
agency is eligible.
(c) DISBURSEMENT OF FUNDS- The Secretary of Defense shall disburse funds
made available under subsection (a) not later than 30 days after the date on
which notification to the eligible local educational agencies is provided
pursuant to subsection (b).
(d) DEFINITIONS- In this section:
(1) The term `educational agencies assistance' means assistance
authorized under section 386(b) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 20 U.S.C. 7703 note).
(2) The term `local educational agency' has the meaning given that term
in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)).
(e) DETERMINATION OF ELIGIBLE LOCAL EDUCATIONAL AGENCIES- Section
386(c)(1) of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 20 U.S.C. 7703 note) is amended by striking `in that
fiscal year are' and inserting `during the preceding school year were'.
SEC. 352. UNIFIED SCHOOL BOARDS FOR ALL DEPARTMENT OF DEFENSE DOMESTIC
DEPENDENT SCHOOLS IN THE COMMONWEALTH OF PUERTO RICO AND GUAM.
Section 2164(d)(1) of title 10, United States Code, is amended by adding
at the end the following new sentence: `The Secretary may provide for the
establishment of one school board for all such schools in the Commonwealth of
Puerto Rico and one school board for all such schools in Guam instead of one
school board for each military installation in those locations.'.
SEC. 353. CONTINUATION OF ENROLLMENT AT DEPARTMENT OF DEFENSE DOMESTIC
DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS.
Section 2164 of title 10, United States Code, is amended--
(1) in subsection (c), by striking paragraph (3); and
(2) by adding at the end the following new subsection:
`(h) CONTINUATION OF ENROLLMENT DESPITE CHANGE IN STATUS- (1) The
Secretary of Defense shall permit a dependent of a member of the armed forces
or a dependent of a Federal employee to continue enrollment in an educational
program provided by the Secretary pursuant to subsection (a) for the remainder
of a school year notwithstanding a change during such school year in the
status of the member or Federal employee that, except for this paragraph,
would otherwise terminate the eligibility of the dependent to be enrolled in
the program.
`(2) The Secretary may, for good cause, authorize a dependent of a member
of the armed forces or a dependent of a Federal employee to continue
enrollment in an educational program provided by the Secretary pursuant to
subsection (a) notwithstanding a change in the status of the member or
employee that, except for this paragraph, would otherwise terminate the
eligibility of the dependent to be enrolled in the program. The enrollment may
continue for as long as the Secretary considers appropriate.
`(3) Paragraphs (1) and (2) do not limit the authority of the Secretary to
remove a dependent from enrollment in an educational program provided by the
Secretary pursuant to subsection (a) at any time for good cause determined by
the Secretary.'.
SEC. 354. TECHNICAL AMENDMENTS TO DEFENSE DEPENDENTS' EDUCATION ACT OF
1978.
The Defense Dependents' Education Act of 1978 (title XIV of Public Law
95-561) is amended as follows:
(1) Section 1402(b)(1) (20 U.S.C. 921(b)(1)) is amended by striking
`recieve' and inserting `receive'.
(2) Section 1403 (20 U.S.C. 922) is amended--
(A) by striking the matter in that section preceding subsection (b)
and inserting the following:
`ADMINISTRATION OF DEFENSE DEPENDENTS' EDUCATION SYSTEM
`SEC. 1403. (a) The defense dependents' education system is operated
through the field activity of the Department of Defense known as the
Department of Defense Education Activity. That activity is headed by a
Director, who is a civilian and is selected by the Secretary of Defense. The
Director reports to an Assistant Secretary of Defense designated by the
Secretary of Defense for purposes of this title.';
(B) in subsection (b), by striking `this Act' and inserting `this
title';
(C) in subsection (c)(1), by inserting `(20 U.S.C. 901 et seq.)' after
`Personnel Practices Act';
(D) in subsection (c)(2), by striking the period at the end and
inserting a comma;
(E) in subsection (c)(6), by striking `Assistant Secretary of Defense
for Manpower, Reserve Affairs, and Logistics' and inserting `the Assistant
Secretary of Defense designated under subsection (a)';
(F) in subsection (d)(1), by striking `for the Office of Dependents'
Education';
(G) in subsection (d)(2)--
(i) by striking the first sentence;
(ii) by striking `Whenever the Office of Dependents' Education' and
inserting `Whenever the Department of Defense Education
Activity';
(iii) by striking `after the submission of the report required under
the preceding sentence' and inserting `in a manner that affects the
defense dependents' education system'; and
(iv) by striking `an additional report' and inserting `a report';
and
(H) in subsection (d)(3), by striking `the Office of Dependents'
Education' and inserting `the Department of Defense Education
Activity'.
(3) Section 1409 (20 U.S.C. 927) is amended--
(A) in subsection (b), by striking `Department of Health, Education,
and Welfare in accordance with section 431 of the General Education
Provisions Act' and inserting `Secretary of Education in accordance with
section 437 of the General Education Provisions Act (20 U.S.C.
1232)';
(B) in subsection (c)(1), by striking `by academic year 1993-1994';
and
(C) in subsection (c)(3)--
(i) by striking `IMPLEMENTATION TIMELINES- In carrying out' and all
that follows through `a comprehensive' and inserting `IMPLEMENTATION- In
carrying out paragraph (2), the Secretary shall have in effect a
comprehensive';
(ii) by striking the semicolon after `such individuals' and
inserting a period; and
(iii) by striking subparagraphs (B) and (C).
(4) Section 1411(d) (20 U.S.C. 929(d)) is amended by striking `grade
GS-18 in section 5332 of title 5, United States Code' and inserting `level
IV of the Executive Schedule under section 5315 of title 5, United States
Code'.
(5) Section 1412 (20 U.S.C. 930) is amended--
(A) in subsection (a)(1)--
(i) by striking `As soon as' and all that follows through `shall
provide for' and inserting `The Director may from time to time, but not
more frequently than once a year, provide for'; and
(ii) by striking `system, which' and inserting `system. Any such
study';
(B) in subsection (a)(2)--
(i) by striking `The study required by this subsection' and
inserting `Any study under paragraph (1)'; and
(ii) by striking `not later than two years after the effective date
of this title';
(C) in subsection (b), by striking `the study' and inserting `any
study';
(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 the 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:
(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:
(B) Bar codes, linear or two-dimensional.
(C) Non-contact and radio frequency transmitters.
(D) Biometric information.
(E) Encryption and authentication.
(F) Photo identification.
(2) The terms `Public-Private Key Infrastructure authentication device
carrier' and `PKI authentication device carrier' mean a device that
physically stores, carries, and employs electronic authentication or
encryption keys necessary to create a unique digital signature, digital
certificate, or other mark on an electronic document or file.
Subtitle I--Other Matters
SEC. 381. AUTHORITY TO LEND OR DONATE OBSOLETE OR CONDEMNED RIFLES FOR
FUNERAL AND OTHER CEREMONIES.
(a) AUTHORITY- Subsection (a) of section 4683 of title 10, United States
Code, is amended to read as follows:
`(a) AUTHORITY TO LEND OR DONATE- (1) The Secretary of the Army, under
regulations prescribed by the Secretary, may conditionally lend or donate
excess M-1 rifles (not more than 15), slings, and cartridge belts to any
eligible organization for use by that organization for funeral ceremonies of a
member or former member of the armed forces, and for other ceremonial
purposes.
`(2) If the rifles to be loaned or donated under paragraph (1) are to be
used by the eligible organization for funeral ceremonies of a member or former
member of the armed forces, the Secretary may issue and deliver the rifles,
together with the necessary accoutrements and blank ammunition, without
charge.'.
(b) CONDITIONS AND DEFINITION- Such section is further amended by adding
at the end the following new subsections:
`(c) CONDITIONS ON LOAN OR DONATION- In lending or donating rifles under
subsection (a), the Secretary shall impose such conditions on the use of the
rifles as may be necessary to ensure security, safety, and accountability. The
Secretary may impose such other conditions as the Secretary considers
appropriate.
`(d) ELIGIBLE ORGANIZATION DEFINED- In this section, the term `eligible
organization' means--
`(1) a unit or other organization of honor guards recognized by the
Secretary of the Army as honor guards for a national cemetery;
`(2) a law enforcement agency; or
`(3) a local unit of any organization that, as determined by the
Secretary of the Army, is a nationally recognized veterans'
organization.'.
(c) CONFORMING AMENDMENTS- Subsection (b) of such section is amended--
(1) by inserting `RELIEF FROM LIABILITY- ' after `(b)';
(2) by striking `a unit' and inserting `an eligible organization';
and
(3) by striking `lent' both places it appears and inserting `lent or
donated'.
(d) CLERICAL AMENDMENTS- (1) The heading of such section is amended to
read as follows:
-`Sec. 4683. Excess M-1 rifles: loan or donation for funeral and other
ceremonial purposes'.
(2) The item relating to such section in the table of sections at the
beginning of chapter 443 of such title is amended to read as follows:
`4683. Excess M-1 rifles: loan or donation for funeral and other ceremonial
purposes.'.
(e) REPORT ON IMPLEMENTATION- Not later than two years after the date of
the enactment of this Act, the Comptroller General shall review the exercise
of authority under section 4683 of title 10, United States Code, as amended by
this section, and submit to Congress a report on the findings resulting from
the review.
SEC. 382. EXTENSION OF WARRANTY CLAIMS RECOVERY PILOT
PROGRAM.
Section 391 of the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 1716; 10 U.S.C. 2304 note) is amended--
(1) in subsection (f), by striking `September 30, 1999' and inserting
`September 30, 2000';
(2) in subsection (g)(1), by striking `January 1, 2000' and inserting
`January 1, 2001'; and
(3) in subsection (g)(2), by striking `March 1, 2000' and inserting
`March 1, 2001'.
SEC. 383. PRESERVATION OF HISTORIC BUILDINGS AND GROUNDS AT UNITED
STATES SOLDIERS' AND AIRMEN'S HOME, DISTRICT OF COLUMBIA.
The Armed Forces Retirement Home Act of 1991 (title XV of Public Law
101-510; 24 U.S.C. 401 et seq.) is amended by adding at the end of part A the
following new section:
`SEC. 1523. PRESERVATION OF HISTORIC BUILDINGS AND GROUNDS AT UNITED
STATES SOLDIERS' AND AIRMEN'S HOME.
`(a) HISTORIC NATURE OF FACILITY- Congress finds the following:
`(1) Four buildings located on six acres of the establishment of the
Retirement Home known as the United States Soldiers' and Airmen's Home are
included on the National Register of Historic Places maintained by the
Secretary of the Interior.
`(2) Amounts in the Armed Forces Retirement Home Trust Fund, which
consists primarily of deductions from the pay of members of the Armed
Forces, are insufficient to both maintain and operate the Retirement Home
for the benefit of the residents of the Retirement Home and adequately
maintain, repair, and preserve these historic buildings and grounds.
`(3) Other sources of funding are available to contribute to the
maintenance, repair, and preservation of these historic buildings and
grounds.
`(b) AUTHORITY TO ACCEPT ASSISTANCE- The Chairman of the Retirement Home
Board and the Director of the United States Soldiers' and Airmen's Home may
apply for and accept a direct grant from the Secretary of the Interior under
section 101(e)(3) of the National Historic Preservation Act (16 U.S.C.
470a(e)(3)) for the purpose of maintaining, repairing, and preserving the
historic buildings and grounds of the United States Soldiers' and Airmen's
Home included on the National Register of Historic Places.
`(c) REQUIREMENTS AND LIMITATIONS- Amounts received as a grant under
subsection (b) shall be deposited in the Fund, but shall be kept separate from
other amounts in the Fund. The amounts received may only be used for the
purpose specified in subsection (b).'.
SEC. 384. CLARIFICATION OF LAND CONVEYANCE AUTHORITY, UNITED STATES
SOLDIERS' AND AIRMEN'S HOME.
(a) MANNER OF CONVEYANCE- Subsection (a)(1) of section 1053 of the
National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201;
110 Stat. 2650) is amended by striking `convey by sale' and inserting `convey,
by sale or lease,'.
(b) TIME FOR CONVEYANCE- Subsection (a)(2) of such section is amended to
read as follows:
`(2) The Armed Forces Retirement Home Board shall sell or lease the
property described in subsection (a) within 12 months after the date of the
enactment of the National Defense Authorization Act for Fiscal Year 2000.'.
(c) MANNER, TERMS, AND CONDITIONS OF CONVEYANCE- Subsection (b) of such
section is amended--
(1) by striking paragraph (1) and inserting the following new paragraph:
`(1) The Armed Forces Retirement Home Board shall determine the manner,
terms, and conditions for the sale or lease of the real property under
subsection (a), except as follows:
`(A) Any lease of the real property under subsection (a) shall include
an option to purchase.
`(B) The conveyance may not involve any form of public/private
partnership, but shall be limited to fee-simple sale or long-term
lease.
`(C) Before conveying the property by sale or lease to any other person
or entity, the Board shall provide the Catholic University of America with
the opportunity to match or exceed the highest bona fide offer otherwise
received for the purchase or lease of the property, as the case may be, and
to acquire the property.'; and
(2) in paragraph (2), by adding at the end the following new sentence:
`In no event shall the sale or lease of the property be for less than the
appraised value of the property in its existing condition and on the basis
of its highest and best use.'.
SEC. 385. TREATMENT OF ALASKA, HAWAII, AND GUAM IN DEFENSE HOUSEHOLD
GOODS MOVING PROGRAMS.
(a) LIMITATION ON INCLUSION IN TEST PROGRAMS- Alaska, Hawaii, and Guam
shall not be included as a point of origin in any test or demonstration
program of the Department of Defense regarding the moving of household goods
of members of the Armed Forces.
(b) SEPARATE REGIONS; DESTINATIONS- In any Department of Defense household
goods moving program that is not subject to the prohibition in subsection
(a)--
(1) Alaska, Hawaii, and Guam shall each constitute a separate region;
and
(2) Hawaii and Guam shall be considered international
destinations.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Increase in numbers of members in certain grades authorized to
be on active duty in support of the Reserves.
Sec. 415. Selected Reserve end strength flexibility.
Subtitle C--Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel as of
September 30, 2000, as follows:
(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:
-------------------------------------------------------------------
Army Navy Air Force Marine Corps
-------------------------------------------------------------------
Major or Lieutenant Commander 3,227 1,071 860 140
Lieutenant Colonel or Commander 1,611 520 777 90
Colonel or Navy Captain 471 188 297 30'.
-------------------------------------------------------------------
(b) SENIOR ENLISTED MEMBERS- The table in section 12012(a) of such title
is amended to read as follows:
--------------------------------------
Army Navy Air Force Marine Corps
--------------------------------------
E-9 645 202 405 20
E-8 2,593 429 1,041 94'.
--------------------------------------
SEC. 415. SELECTED RESERVE END STRENGTH FLEXIBILITY.
Section 115(c) of title 10, United States Code, is amended--
(1) by striking `and' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and inserting `;
and'; and
(3) by adding at the end the following new paragraph:
`(3) vary the end strength authorized pursuant to subsection (a)(2) for
a fiscal year for the Selected Reserve of any of the reserve components by a
number equal to not more than 2 percent of that end strength.'.
Subtitle C--Authorization of Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY
PERSONNEL.
There is hereby authorized to be appropriated to the Department of Defense
for military personnel for fiscal year 2000 a total of $71,884,867,000, and in
addition funds in the total amount of $1,838,426,000 are authorized to be
appropriated to the Department of Defense as emergency appropriations for
fiscal year 2000 for military personnel, as appropriated in section 2012 of
the 1999 Emergency Supplemental Appropriations Act (Public Law 106-31; 113
Stat. 83). The authorization in the preceding sentence supersedes any other
authorization of appropriations (definite or indefinite) for such purpose for
fiscal year 2000.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Temporary authority for recall of retired aviators.
Sec. 502. Increase in maximum number of officers authorized to be on
active-duty list in frocked grades of brigadier general and rear admiral
(lower half).
Sec. 503. Reserve officers requesting or otherwise causing nonselection
for promotion.
Sec. 504. Minimum grade of officers eligible to serve on boards of
inquiry.
Sec. 505. Minimum selection of warrant officers for promotion from below
the promotion zone.
Sec. 506. Increase in threshold period of active duty for applicability
of restriction on holding of civil office by retired regular officers and
reserve officers.
Sec. 507. Exemption of retiree council members from recalled retiree
limits.
Sec. 508. Technical amendments relating to joint duty assignments.
Sec. 509. Three-year extension of requirement for competition for joint
4-star officer positions.
Subtitle B--Reserve Component Personnel Policy
Sec. 511. Continuation of officers on reserve active-status list to
complete disciplinary action.
Sec. 512. Authority to order reserve component members to active duty to
complete a medical evaluation.
Sec. 513. Exclusion of reserve officers on educational delay from
eligibility for consideration for promotion.
Sec. 514. Extension of period for retention of reserve component majors
and lieutenant commanders who twice fail of selection for promotion.
Sec. 515. Computation of years of service exclusion.
Sec. 516. Retention of reserve component chaplains until age 67.
Sec. 517. Expansion and codification of authority for space-required
travel on military aircraft for reserves performing inactive-duty training
outside the continental United States.
Subtitle C--Military Technicians
Sec. 521. Revision to military technician (dual status) law.
Sec. 522. Civil service retirement of technicians.
Sec. 523. Revision to non-dual status technicians statute.
Sec. 524. Revision to authorities relating to National Guard
technicians.
Sec. 525. Effective date.
Sec. 526. Secretary of Defense review of Army technician costing
process.
Sec. 527. Fiscal year 2000 limitation on number of non-dual status
technicians.
Subtitle D--Service Academies
Sec. 531. Strength limitations at the service academies.
Sec. 532. Superintendents of the service academies.
Sec. 533. Dean of Academic Board, United States Military Academy and
Dean of the Faculty, United States Air Force Academy.
Sec. 534. Waiver of reimbursement of expenses for instruction at service
academies of persons from foreign countries.
Sec. 535. Expansion of foreign exchange programs of the service
academies.
Subtitle E--Education and Training
Sec. 541. Establishment of a Department of Defense international student
program at the senior military colleges.
Sec. 542. Authority for Army War College to award degree of master of
strategic studies.
Sec. 543. Authority for Air University to confer graduate-level
degrees.
Sec. 544. Reserve credit for participation in health professions
scholarship and financial assistance program.
Sec. 545. Permanent authority for ROTC scholarships for graduate
students.
Sec. 546. Increase in monthly subsistence allowance for Senior ROTC
cadets selected for advanced training.
Sec. 547. Contingent funding increase for Junior ROTC program.
Sec. 548. Change from annual to biennial reporting under the reserve
component Montgomery GI bill.
Sec. 549. Recodification and consolidation of statutes denying Federal
grants and contracts by certain departments and agencies to institutions of
higher education that prohibit Senior ROTC units or military recruiting on
campus.
Sec. 550. Accrual funding for Coast Guard Montgomery GI bill
liabilities.
Subtitle F--Reserve Component Management
Sec. 551. Financial assistance program for pursuit of degrees by officer
candidates in Marine Corps Platoon Leaders Class program.
Sec. 552. Options to improve recruiting for the Army Reserve.
Sec. 553. Joint duty assignments for reserve component general and flag
officers.
Sec. 554. Grade of chiefs of reserve components and additional general
officers at the National Guard Bureau.
Sec. 555. Duties of Reserves on active duty in support of the
Reserves.
Sec. 556. Repeal of limitation on number of Reserves on full-time active
duty in support of preparedness for responses to emergencies involving
weapons of mass destruction.
Sec. 557. Establishment of Office of the Coast Guard Reserve.
Sec. 558. Report on use of National Guard facilities and infrastructure
for support of provision of services to veterans.
Subtitle G--Decorations, Awards, and Commendations
Sec. 561. Waiver of time limitations for award of certain decorations to
certain persons.
Sec. 562. Authority for award of Medal of Honor to Alfred Rascon for
valor during the Vietnam conflict.
Sec. 563. Elimination of current backlog of requests for replacement of
military decorations.
Sec. 564. Retroactive award of Navy Combat Action Ribbon.
Sec. 565. Sense of Congress concerning Presidential unit citation for
crew of the U.S.S. Indianapolis.
Subtitle H--Matters 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' and inserting
`An';
(2) by striking `may be' and inserting `who before January 1, 1997,
is';
(3) by striking `. An officer so appointed'; and
(4) by striking paragraph (2).
SEC. 509. THREE-YEAR EXTENSION OF REQUIREMENT FOR COMPETITION FOR JOINT
4-STAR OFFICER POSITIONS.
(a) EXTENSION OF REQUIREMENT- Section 604(c) of title 10, United States
Code, is amended by striking `September 30, 2000' and inserting `September 30,
2003'.
(b) GRADE RELIEF- Section 525(b)(5)(C) of such title is amended by
striking `September 30, 2000' and inserting `September 30, 2003'.
(c) CLARIFICATION OF CERTAIN LIMITATIONS ON NUMBER OF ACTIVE-DUTY GENERALS
AND ADMIRALS- Paragraph (5) of section 525(b) of such title is amended by
adding at the end of subparagraph (A) the following new sentence: `Any
increase by reason of the preceding sentence in the number of officers of an
armed force serving on active duty in grades above major general or rear
admiral may only be realized by an increase in the number of lieutenant
generals or vice admirals, as the case may be, serving on active duty, and any
such increase may not be construed as authorizing an increase in the
limitation on the total number of general or flag officers for that armed
force under section 526(a) of this title or in the number of general and flag
officers that may be designated under section 526(b) of this title.'.
Subtitle B--Reserve Component Personnel Policy
SEC. 511. CONTINUATION OF OFFICERS ON RESERVE ACTIVE-STATUS LIST TO
COMPLETE DISCIPLINARY ACTION.
(a) IN GENERAL- Chapter 1407 of title 10, United States Code, is amended
by adding at the end the following new section:
`Sec. 14518. Continuation of officers to complete disciplinary action
`The Secretary concerned may delay the separation or retirement under this
chapter of an officer against whom an action has been commenced with a view to
trying the officer by court-martial. Any such delay may continue until the
completion of the disciplinary action against the officer.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by adding at the end the following new item:
`14518. Continuation of officers to complete disciplinary action.'.
SEC. 512. AUTHORITY TO ORDER RESERVE COMPONENT MEMBERS TO ACTIVE DUTY TO
COMPLETE A MEDICAL EVALUATION.
Section 12301 of title 10, United States Code, is amended by adding at the
end the following new subsection:
`(h)(1) When authorized by the Secretary of Defense, the Secretary of a
military department may, with the consent of the member, order a member of a
reserve component to active duty--
`(A) to receive authorized medical care;
`(B) to be medically evaluated for disability or other purposes;
or
`(C) to complete a required Department of Defense health care study,
which may include an associated medical evaluation of the member.
`(2) A member ordered to active duty under this subsection may, with the
member's consent, be retained on active duty, if the Secretary concerned
considers it appropriate, for medical treatment for a condition associated
with the study or evaluation, if that treatment of the member is otherwise
authorized by law.
`(3) A member of the Army National Guard of the United States or the Air
National Guard of the United States may be ordered to active duty under this
subsection only with the consent of the Governor or other appropriate
authority of the State concerned.'.
SEC. 513. EXCLUSION OF RESERVE OFFICERS ON EDUCATIONAL DELAY FROM
ELIGIBILITY FOR CONSIDERATION FOR PROMOTION.
(a) EXCLUSION- Section 14301 of title 10, United States Code, is amended
by adding at the end the following new subsection:
`(h) OFFICERS ON EDUCATIONAL DELAY- An officer on the reserve
active-status list is ineligible for consideration for promotion, but shall
remain on the reserve active-status list, while the officer--
`(1) is pursuing a program of graduate level education in an educational
delay status approved by the Secretary concerned; and
`(2) is receiving from the Secretary financial assistance in connection
with the pursuit of that program of education while in that status.'.
(b) RETROACTIVE EFFECT- (1) Subsection (h) of section 14301 of title 10,
United States Code (as added by subsection (a)), shall apply with respect to
boards convened under section 14101(a) of such title before, on, or after the
date of the enactment of this Act.
(2) The Secretary of the military department concerned, upon receipt of
request submitted in a form and manner prescribed by the Secretary, shall
expunge from the military records of an officer any indication of a failure of
selection of the officer for promotion by a board referred to in paragraph (1)
while the officer was ineligible for consideration by that board by reason of
section 14301(h) of title 10, United States Code.
SEC. 514. EXTENSION OF PERIOD FOR RETENTION OF RESERVE COMPONENT MAJORS
AND LIEUTENANT COMMANDERS WHO TWICE FAIL OF SELECTION FOR
PROMOTION.
(a) PARITY WITH OFFICERS IN PAY GRADES O-2 AND O-3- Section 14506 of title
10, United States Code, is amended--
(1) by inserting `the later of (1)' after `in accordance with section
14513 of this title on'; and
(2) by inserting before the period at the end the following: `, or (2)
the first day of the seventh month after the month in which the President
approves the report of the board which considered the officer for the second
time'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall apply with
respect to removals of reserve officers from reserve active-status lists under
section 14506 of title 10, United States Code, on or after the date of the
enactment of this Act.
SEC. 515. COMPUTATION OF YEARS OF SERVICE EXCLUSION.
The text of section 14706 of title 10, United States Code, is amended to
read as follows:
`(a) For the purpose of this chapter and chapter 1407 of this title, a
Reserve officer's years of service include all service of the officer as a
commissioned officer of a uniformed service other than the following:
`(1) Service as a warrant officer.
`(2) Constructive service.
`(3) Service after appointment as a commissioned officer of a reserve
component while in a program of advanced education to obtain the first
professional degree required for appointment, designation, or assignment to
a professional specialty, but only if that service occurs before the officer
commences initial service on active duty or initial service in the Ready
Reserve in the specialty that results from such a degree.
`(b) The exclusion under subsection (a)(3) does not apply to service
performed by an officer who previously served on active duty or participated
as a member of the Ready Reserve in other than a student status for the period
of service preceding the member's service in a student status.
`(c) For purposes of subsection (a)(3), an officer shall be considered to
be in a professional specialty if the officer is appointed or assigned to the
Medical Corps, the Dental Corps, the Veterinary Corps, the Medical Service
Corps, the Nurse Corps, or the Army Medical Specialists Corps or is designated
as a chaplain or judge advocate.'.
SEC. 516. RETENTION OF RESERVE COMPONENT CHAPLAINS UNTIL AGE
67.
Section 14703(b) of title 10, United States Code, is amended by striking
`(or, in the case of a reserve officer of the Army in the Chaplains or a
reserve officer of the Air Force designated as a chaplain, 60 years of
age)'.
SEC. 517. EXPANSION AND CODIFICATION OF AUTHORITY FOR SPACE-REQUIRED
TRAVEL ON MILITARY AIRCRAFT FOR RESERVES PERFORMING INACTIVE-DUTY TRAINING
OUTSIDE THE CONTINENTAL UNITED STATES.
(a) AUTHORITY- (1) Chapter 1805 of title 10, United States Code, is
amended by adding at the end the following new section:
`Sec. 18505. Reserves traveling to inactive-duty training OCONUS: authority
for space-required travel
`(a) In the case of a member of a reserve component whose place of
inactive-duty training is outside the contiguous States (including a place
other than the place of the member's unit training assembly if the member is
performing the inactive-duty training in another location), the member may
travel in a space-required status on aircraft of the armed forces between the
member's home and the place of such training if there is no transportation
between those locations by means of road or railroad (or a combination of road
and railroad).
`(b) A member traveling in a space-required status on any such aircraft
under subsection (a) is not authorized to receive travel, transportation, or
per diem allowances in connection with that travel.'.
(2) The table of sections at the beginning of such chapter is amended by
adding at the end the following new item:
`18505. Reserves traveling to inactive-duty training OCONUS: authority for
space-required travel.'.
(b) REPEAL OF SUPERSEDED AUTHORITY- Section 8023 of Public Law 105-262
(112 Stat. 2302) is repealed.
(c) EFFECTIVE DATE- The amendments made by this section shall apply with
respect to travel commencing on or after the date of the enactment of this
Act.
Subtitle C--Military Technicians
SEC. 521. REVISION TO MILITARY TECHNICIAN (DUAL STATUS)
LAW.
(a) DEFINITION- Subsection (a)(1) of section 10216 of title 10, United
States Code, is amended--
(1) in subparagraph (A), by striking `section 709' and inserting
`section 709(b)'; and
(2) in subparagraph (C), by inserting `civilian' after `is assigned to
a'.
(b) DUAL STATUS REQUIREMENT- Subsection (e) of such section is
amended--
(1) in paragraph (1), by inserting `(dual status)' after `military
technician' the second place it appears; and
(A) by striking `The Secretary' and inserting `Except as otherwise
provided by law, the Secretary'; and
(B) by striking `not to exceed six months' and inserting `up to 12
months'.
SEC. 522. CIVIL SERVICE RETIREMENT OF TECHNICIANS.
(a) IN GENERAL- (1) Chapter 1007 of title 10, United States Code, is
amended by adding at the end the following new section:
`Sec. 10218. Army and Air Force Reserve technicians: conditions for
retention; mandatory retirement under civil service laws
`(a) SEPARATION AND RETIREMENT OF MILITARY TECHNICIANS (DUAL STATUS)- (1)
An individual employed by the Army Reserve or the Air Force Reserve as a
military technician (dual status) who after the date of the enactment of this
section loses dual status is subject to paragraph (2) or (3), as the case may
be.
`(2) If a technician described in paragraph (1) is eligible at the time
dual status is lost for an unreduced annuity, the technician shall be
separated not later than 30 days after the date on which dual status is
lost.
`(3)(A) If a technician described in paragraph (1) is not eligible at the
time dual status is lost for an unreduced annuity, the technician shall be
offered the opportunity to--
`(i) reapply for, and if qualified be appointed to, a position as a
military technician (dual status); or
`(ii) apply for a civil service position that is not a technician
position.
`(B) If such a technician continues employment with the Army Reserve or
the Air Force Reserve as a non-dual status technician, the technician--
`(i) shall not be permitted, after the end of the one-year period
beginning on the date of the enactment of this subsection, to apply for any
voluntary personnel action; and
`(ii) shall be separated or retired--
`(I) in the case of a technician first hired as a military technician
(dual status) on or before February 10, 1996, not later than 30 days after
becoming eligible for an unreduced annuity; and
`(II) in the case of a technician first hired as a military technician
(dual status) after February 10, 1996, not later than one year after the
date on which dual status is lost.
`(4) For purposes of this subsection, a military technician is considered
to lose dual status upon--
`(A) being separated from the Selected Reserve; or
`(B) ceasing to hold the military grade specified by the Secretary
concerned for the position held by the technician.
`(b) NON-DUAL STATUS TECHNICIANS- (1) An individual who on the date of the
enactment of this section is employed by the Army Reserve or the Air Force
Reserve as a non-dual status technician and who on that date is eligible for
an unreduced annuity shall be separated not later than six months after the
date of the enactment of this section.
`(2)(A) An individual who on the date of the enactment of this section is
employed by the Army Reserve or the Air Force Reserve as a non-dual status
technician and who on that date is not eligible for an unreduced annuity shall
be offered the opportunity to--
`(i) reapply for, and if qualified be appointed to, a position as a
military technician (dual status); or
`(ii) apply for a civil service position that is not a technician
position.
`(B) If such a technician continues employment with the Army Reserve or
the Air Force Reserve as a non-dual status technician, the technician--
`(i) shall not be permitted, after the end of the one-year period
beginning on the date of the enactment of this subsection, to apply for any
voluntary personnel action; and
`(ii) shall be separated or retired--
`(I) in the case of a technician first hired as a technician on or
before February 10, 1996, and who on the date of the enactment of this
section is a non-dual status technician, not later than 30 days after
becoming eligible for an unreduced annuity; and
`(II) in the case of a technician first hired as a technician after
February 10, 1996, and who on the date of the enactment of this section is
a non-dual status technician, not later than one year after the date on
which dual status is lost.
`(3) An individual employed by the Army Reserve or the Air Force Reserve
as a non-dual status technician who is ineligible for appointment to a
military technician (dual status) position, or who decides not to apply for
appointment to such a position, or who, within six months of the date of the
enactment of this section is not appointed to such a position, shall for
reduction-in-force purposes be in a separate competitive category from
employees who are military technicians (dual status).
`(c) UNREDUCED ANNUITY DEFINED- For purposes of this section, a technician
shall be considered to be eligible for an unreduced annuity if the technician
is eligible for an annuity under section 8336, 8412, or 8414 of title 5 that
is not subject to a reduction by reason of the age or years of service of the
technician.
`(d) VOLUNTARY PERSONNEL ACTION DEFINED- In this section, the term
`voluntary personnel action', with respect to a non-dual status technician,
means any of the following:
`(1) The hiring, entry, appointment, reassignment, promotion, or
transfer of the technician into a position for which the Secretary concerned
has established a requirement that the person occupying the position be a
military technician (dual status).
`(2) Promotion to a higher grade if the technician is in a position for
which the Secretary concerned has established a requirement that the person
occupying the position be a military technician (dual status).'.
(2) The table of sections at the beginning of such chapter is amended by
adding at the end the following new item:
`10218. Army and Air Force Reserve technicians: conditions for retention;
mandatory retirement under civil service laws.'.
(3) During the six-month period beginning on the date of the enactment of
this Act, the provisions of subsections (a)(3)(B)(ii)(I) and (b)(2)(B)(ii)(I)
of section 10218 of title 10, United States Code, as added by paragraph (1),
shall be applied by substituting `six months' for `30 days'.
(b) EARLY RETIREMENT- Section 8414(c) of title 5, United States Code, is
amended to read as follows:
`(c)(1) An employee who was hired as a military reserve technician on or
before February 10, 1996 (under the provisions of this title in effect before
that date), and who is separated from technician service, after becoming 50
years of age and completing 25 years of service, by reason of being separated
from the Selected Reserve of the employee's reserve component or ceasing to
hold the military grade specified by the Secretary concerned for the position
held by the employee is entitled to an annuity.
`(2) An employee who is initially hired as a military technician (dual
status) after February 10, 1996, and who is separated from the Selected
Reserve or ceases to hold the military grade specified by the Secretary
concerned for the position held by the technician--
`(A) after completing 25 years of service as a military technician (dual
status), or
`(B) after becoming 50 years of age and completing 20 years of service
as a military technician (dual status),
is entitled to an annuity.'.
(c) CONFORMING AMENDMENTS- Chapter 84 of title 5, United States Code, is
amended as follows:
(1) Section 8415(g)(2) is amended by striking `military reserve
technician' and inserting `military technician (dual status)'.
(2) Section 8401(30) is amended to read as follows:
`(30) the term `military technician (dual status)' means an employee
described in section 10216 of title 10;'.
(d) DISABILITY RETIREMENT- Section 8337(h) of title 5, United States Code,
is amended--
(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--
(A) by striking `military' after `non-dual status' in the matter
preceding paragraph (1); and
(B) by striking paragraphs (1) and (2) and inserting the
following:
`(1) was hired as a technician before November 18, 1997, under any of
the authorities specified in subsection (b) and as of that date is not a
member of the Selected Reserve or after such date has ceased to be a member
of the Selected Reserve; or
`(2) is employed under section 709 of title 32 in a position designated
under subsection (c) of that section and when hired was not required to
maintain membership in the Selected Reserve.'; and
(2) by adding at the end the following new subsection:
`(c) PERMANENT LIMITATIONS ON NUMBER- (1) Effective October 1, 2007, the
total number of non-dual status technicians employed by the Army Reserve and
Air Force Reserve may not exceed 175. If at any time after the preceding
sentence takes effect the number of non-dual status technicians employed by
the Army Reserve and Air Force Reserve exceeds the number specified in the
limitation in the preceding sentence, the Secretary of Defense shall require
that the Secretary of the Army or the Secretary of the Air Force, or both,
take immediate steps to reduce the number of such technicians in order to
comply with such limitation.
`(2) Effective October 1, 2001, the total number of non-dual status
technicians employed by the National Guard may not exceed 1,950. If at any
time after the preceding sentence takes effect the number of non-dual status
technicians employed by the National Guard exceeds the number specified in the
limitation in the preceding sentence, the Secretary of Defense shall require
that the Secretary of the Army or the Secretary of the Air Force, or both,
take immediate steps to reduce the number of such technicians in order to
comply with such limitation.'.
(b) CONFORMING AMENDMENTS- The heading of such section and the item
relating to such section in the table of sections at the beginning of chapter
1007 of such title are each amended by striking the penultimate word.
SEC. 524. REVISION TO AUTHORITIES RELATING TO NATIONAL GUARD
TECHNICIANS.
Section 709 of title 32, United States Code, is amended to read as
follows:
`Sec. 709. Technicians: employment, use, status
`(a) Under regulations prescribed by the Secretary of the Army or the
Secretary of the Air Force, as the case may be, and subject to subsections (b)
and (c), persons may be employed as technicians in--
`(1) the administration and training of the National Guard; and
`(2) the maintenance and repair of supplies issued to the National Guard
or the armed forces.
`(b) Except as authorized in subsection (c), a person employed under
subsection (a) must meet each of the following requirements:
`(1) Be a military technician (dual status) as defined in section
10216(a) of title 10.
`(2) Be a member of the National Guard.
`(3) Hold the military grade specified by the Secretary concerned for
that position.
`(4) While performing duties as a military technician (dual status),
wear the uniform appropriate for the member's grade and component of the
armed forces.
`(c)(1) A person may be employed under subsection (a) as a non-dual status
technician (as defined by section 10217 of title 10) if the technician
position occupied by the person has been designated by the Secretary concerned
to be filled only by a non-dual status technician.
`(2) The total number of non-dual status technicians in the National Guard
is specified in section 10217(c)(2) of title 10.
`(d) The Secretary concerned shall designate the adjutants general
referred to in section 314 of this title to employ and administer the
technicians authorized by this section.
`(e) A technician employed under subsection (a) is an employee of the
Department of the Army or the Department of the Air Force, as the case may be,
and an employee of the United States. However, a position authorized by this
section is outside the competitive service if the technician employed in that
position is required under subsection (b) to be a member of the National
Guard.
`(f) Notwithstanding any other provision of law and under regulations
prescribed by the Secretary concerned--
`(1) a person employed under subsection (a) who is a military technician
(dual status) and otherwise subject to the requirements of subsection (b)
who--
`(A) is separated from the National Guard or ceases to hold the
military grade specified by the Secretary concerned for that position
shall be promptly separated from military technician (dual status)
employment by the adjutant general of the jurisdiction concerned;
and
`(B) fails to meet the military security standards established by the
Secretary concerned for a member of a reserve component under his
jurisdiction may be separated from employment as a military technician
(dual status) and concurrently discharged from the National Guard by the
adjutant general of the jurisdiction concerned;
`(2) a technician may, at any time, be separated from his technician
employment for cause by the adjutant general of the jurisdiction
concerned;
`(3) a reduction in force, removal, or an adverse action involving
discharge from technician employment, suspension, furlough without pay, or
reduction in rank or compensation shall be accomplished by the adjutant
general of the jurisdiction concerned;
`(4) a right of appeal which may exist with respect to paragraph (1),
(2), or (3) shall not extend beyond the adjutant general of the jurisdiction
concerned; and
`(5) a technician shall be notified in writing of the termination of his
employment as a technician and, unless the technician is serving under a
temporary appointment, is serving in a trial or probationary period, or has
voluntarily ceased to be a member of the National Guard when such membership
is a condition of employment, such notification shall be given at least 30
days before the termination date of such employment.
`(g) Sections 2108, 3502, 7511, and 7512 of title 5 do not apply to a
person employed under this section.
`(h) Notwithstanding sections 5544(a) and 6101(a) of title 5 or any other
provision of law, the Secretary concerned may prescribe the hours of duty for
technicians. Notwithstanding sections 5542 and 5543 of title 5 or any other
provision of law, such technicians shall be granted an amount of compensatory
time off from their scheduled tour of duty equal to the amount of any time
spent by them in irregular or overtime work, and shall not be entitled to
compensation for such work.
`(i) The Secretary concerned may not prescribe for purposes of eligibility
for Federal recognition under section 301 of this title a qualification
applicable to technicians employed under subsection (a) that is not applicable
pursuant to that section to the other members of the National Guard in the
same grade, branch, position, and type of unit or organization involved.'.
SEC. 525. EFFECTIVE DATE.
The amendments made by sections 523 and 524 shall take effect 180 days
after the date of the receipt by Congress of the plan required by section
523(d) of the National Defense Authorization Act for Fiscal Year 1998 (Public
Law 105-85; 111 Stat. 1737) or a report by the Secretary of Defense providing
an alternative proposal to the plan required by that section.
SEC. 526. SECRETARY OF DEFENSE REVIEW OF ARMY TECHNICIAN COSTING
PROCESS.
(a) REVIEW- The Secretary of Defense shall review the process used by the
Army, including use of the Civilian Manpower Obligation Resources (CMOR)
model, to develop estimates of the annual authorizations and appropriations
required for civilian personnel of the Department of the Army generally and
for National Guard and Army Reserve technicians in particular. Based upon the
review, the Secretary shall direct that any appropriate revisions to that
process be implemented.
(b) PURPOSE OF REVIEW- The purpose of the review shall be to ensure that
the process referred to in subsection (a) does the following:
(1) Accurately and fully incorporates all the actual cost factors for
such personnel, including particularly those factors necessary to recruit,
train, and sustain a qualified technician workforce.
(2) Provides estimates of required annual appropriations required to
fully fund all the technicians (both dual status and non-dual status)
requested in the President's budget.
(3) Eliminates inaccuracies in the process that compel both the Army
Reserve and the Army National Guard either (A) to reduce the number of
military technicians (dual status) below the statutory floors without
corresponding force structure reductions, or (B) to transfer funds from
other appropriations simply to provide the required funding for military
technicians (dual status).
(c) REPORT- The Secretary of Defense shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed Services of the House
of Representatives a report containing the results of the review undertaken
under this section, together with a description of corrective actions taken
and proposed, not later than March 31, 2000.
SEC. 527. FISCAL YEAR 2000 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
The number of civilian employees who are non-dual status technicians of a
reserve component of the Army or Air Force as of September 30, 2000, may not
exceed the following:
(1) For the Army Reserve, 1,295.
(2) For the Army National Guard of the United States, 1,800.
(3) For the Air Force Reserve, 0.
(4) For the Air National Guard of the United States, 342.
Subtitle D--Service Academies
SEC. 531. STRENGTH LIMITATIONS AT THE SERVICE ACADEMIES.
(a) UNITED STATES MILITARY ACADEMY- (1) The Secretary of the Army shall
take such action as necessary to ensure that the United States Military
Academy is in compliance with the USMA cadet strength limit not later than the
day before the last day of the 2001-2002 academic year.
(2) The Secretary of the Army may provide for a variance to the USMA cadet
strength limit--
(A) as of the day before the last day of the 1999-2000 academic year of
not more than 5 percent; and
(B) as of the day before the last day of the 2000-2001 academic year of
not more than 2 1/2 percent.
(3) For purposes of this subsection--
(A) the USMA cadet strength limit is the maximum of 4,000 cadets
established for the Corps of Cadets at the United States Military Academy by
section 511 of the National Defense Authorization Act for Fiscal Years 1992
and 1993 (Public Law 102-190; 10 U.S.C. 4342 note), reenacted in section
4342(a) of title 10, United States Code, by the amendment made by subsection
(b)(1); and
(B) the last day of an academic year is graduation day.
(b) REENACTMENT OF LIMITATION; AUTHORIZED VARIANCE- (1) Section 4342 of
title 10, United States Code, is amended--
(A) in subsection (a), by striking `is as follows:' in the matter
preceding paragraph (1) and inserting `(determined for any year as of the
day before the last day of the academic year) is 4,000. Subject to that
limitation, cadets are selected as follows:'; and
(B) by adding at the end the following new subsection:
`(i) For purposes of the limitation in subsection (a) establishing the
aggregate authorized strength of the Corps of Cadets, the Secretary of the
Army may for any year (beginning with the 2001-2002 academic year) permit a
variance in that limitation by not more than one percent. In applying that
limitation, and any such variance, the last day of an academic year shall be
considered to be graduation day.'.
(2) Section 6954 of such title is amended--
(A) by striking the matter preceding paragraph (1) and inserting the
following:
`(a) The authorized strength of the Brigade of Midshipmen (determined for
any year as of the day before the last day of the academic year) is 4,000.
Subject to that limitation, midshipmen are selected as follows:'; and
(B) by adding at the end the following new subsection:
`(g) For purposes of the limitation in subsection (a) establishing the
aggregate authorized strength of the Brigade of Midshipmen, the Secretary of
the Navy may for any year permit a variance in that limitation by not more
than one percent. In applying that limitation, and any such variance, the last
day of an academic year shall be considered to be graduation day.'.
(3) Section 9342 of such title is amended--
(A) in subsection (a), by striking `is as follows:' in the matter
preceding paragraph (1) and inserting `(determined for any year as of the
day before the last day of the academic year) is 4,000. Subject to that
limitation, Air Force Cadets are selected as follows:'; and
(B) by adding at the end the following new subsection:
`(i) For purposes of the limitation in subsection (a) establishing the
aggregate authorized strength of Air Force Cadets, the Secretary of the Air
Force may for any year permit a variance in that limitation by not more than
one percent. In applying that limitation, and any such variance, the last day
of an academic year shall be considered to be graduation day.'.
(4) Section 511 of the National Defense Authorization Act for Fiscal Years
1992 and 1993 (Public Law 102-190; 10 U.S.C. 4342 note) is repealed.
SEC. 532. SUPERINTENDENTS OF THE SERVICE ACADEMIES.
(a) POSITION OF SUPERINTENDENT REQUIRED TO BE TERMINAL POSITION- (1)(A)
Chapter 367 of title 10, United States Code, is amended by inserting after
section 3920 the following new section:
-`Sec. 3921. Mandatory retirement: Superintendent of the United States
Military Academy
`Upon the termination of the detail of an officer to the position of
Superintendent of the United States Military Academy, the Secretary of the
Army shall retire the officer under any provision of this chapter under which
that officer is eligible to retire.'.
(B) Chapter 403 of such title is amended by inserting after section 4333
the following new section:
`Sec. 4333a. Superintendent: condition for detail to position
`As a condition for detail to the position of Superintendent of the
Academy, an officer shall acknowledge that upon termination of that detail the
officer shall be retired.'.
(2)(A) Chapter 573 of such title is amended by inserting after the table
of sections at the beginning of such chapter the following new section:
-`Sec. 6371. Mandatory retirement: Superintendent of the United States Naval
Academy
`Upon the termination of the detail of an officer to the position of
Superintendent of the United States Naval Academy, the Secretary of the Navy
shall retire the officer under any provision of chapter 571 of this title
under which the officer is eligible to retire.'.
(B) Chapter 603 of such title is amended by inserting after section 6951
the following new section:
`Sec. 6951a. Superintendent
`(a) There is a Superintendent of the United States Naval Academy. The
immediate governance of the Naval Academy is under the Superintendent.
`(b) The Superintendent shall be detailed to that position by the
President. As a condition for detail to that position, an officer shall
acknowledge that upon termination of that detail the officer shall be
retired.'.
(3)(A) Chapter 867 of such title is amended by inserting after section
8920 the following new section:
-`Sec. 8921. Mandatory retirement: Superintendent of the United States Air
Force Academy
`Upon the termination of the detail of an officer to the position of
Superintendent of the United States Air Force Academy, the Secretary of the
Air Force shall retire the officer under any provision of this chapter under
which the officer is eligible to retire.'.
(B) Chapter 903 of such title is amended by inserting after section 9333
the following new section:
`Sec. 9333a. Superintendent: condition for detail to position
`As a condition for detail to the position of Superintendent of the
Academy, an officer shall acknowledge that upon termination of that detail the
officer shall be retired.'.
(4)(A) The table of sections at the beginning of chapter 367 of title 10,
United States Code, is amended by inserting after the item relating to section
3920 the following new item:
`3921. Mandatory retirement: Superintendent of the United States Military
Academy.'.
(B) The table of sections at the beginning of chapter 403 of such title is
amended by inserting after the item relating to section 4333 the following new
item:
`4333a. Superintendent: condition for detail to position.'.
(C) The table of sections at the beginning of chapter 573 of such title is
amended by inserting before the item relating to section 6383 the following
new item:
`6371. Mandatory retirement: Superintendent of the United States Naval
Academy.'.
(D) The table of sections at the beginning of chapter 603 of such title is
amended by inserting after the item relating to section 6951 the following new
item:
`6951a. Superintendent.'.
(E) The table of sections at the beginning of chapter 867 of such title is
amended by inserting after the item relating to section 8920 the following new
item:
`8921. Mandatory retirement: Superintendent of the United States Air Force
Academy.'.
(F) The table of sections at the beginning of chapter 903 of such title is
amended by inserting after the item relating to section 9333 the following new
item:
`9333a. Superintendent: condition for detail to position.'.
(5) The amendments made by this subsection shall not apply to an officer
serving on the date of the enactment of this Act in the position of
Superintendent of the United States Military Academy, Superintendent of the
United States Naval Academy, or Superintendent of the United States Air Force
Academy for so long as that officer continues on and after that date to serve
in that position without a break in service.
(b) EXCLUSION FROM CERTAIN GENERAL AND FLAG OFFICER GRADE STRENGTH
LIMITATIONS- Section 525(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
`(7) An officer of the Army while serving as Superintendent of the United
States Military Academy, if serving in the grade of lieutenant general, is in
addition to the number that would otherwise be permitted for the Army for
officers serving on active duty in grades above major general under paragraph
(1). An officer of the Navy or Marine Corps while serving as Superintendent of
the United States Naval Academy, if serving in the grade of vice admiral or
lieutenant general, is in addition to the number that would otherwise be
permitted for the Navy or Marine Corps, respectively, for officers serving on
active duty in grades above major general or rear admiral under paragraph (1)
or (2). An officer while serving as Superintendent of the United States Air
Force Academy, if serving in the grade of lieutenant general, is in addition
to the number that would otherwise be permitted for the Air Force for officers
serving on active duty in grades above major general under paragraph (1).'.
SEC. 533. DEAN OF ACADEMIC BOARD, UNITED STATES MILITARY ACADEMY AND
DEAN OF THE FACULTY, UNITED STATES AIR FORCE ACADEMY.
(a) DEAN OF THE ACADEMIC BOARD, USMA- Section 4335 of title 10, United
States Code, is amended by adding at the end the following new subsection:
`(c) While serving as Dean of the Academic Board, an officer of the Army
who holds a grade lower than brigadier general shall hold the grade of
brigadier general, if appointed to that grade by the President, by and with
the advice and consent of the Senate. The retirement age of an officer so
appointed is that of a permanent professor of the Academy. An officer so
appointed is counted for purposes of the limitation in section 526(a) of this
title on general officers of the Army on active duty.'.
(b) DEAN OF THE FACULTY, USAFA- Section 9335 of title 10, United States
Code, is amended--
(1) by inserting `(a)' at the beginning of the text of the section;
and
(2) by adding at the end the following new subsection:
`(b) While serving as Dean of the Faculty, an officer of the Air Force who
holds a grade lower than brigadier general shall hold the grade of brigadier
general, if appointed to that grade by the President, by and with the advice
and consent of the Senate. The retirement age of an officer so appointed is
that of a permanent professor of the Academy. An officer so appointed is
counted for purposes of the limitation in section 526(a) of this title on
general officers of the Air Force on active duty.'.
SEC. 534. WAIVER OF REIMBURSEMENT OF EXPENSES FOR INSTRUCTION AT SERVICE
ACADEMIES OF PERSONS FROM FOREIGN COUNTRIES.
(a) UNITED STATES MILITARY ACADEMY- Section 4344(b)(3) of title 10, United
States Code, is amended--
(1) by striking `35 percent' and inserting `50 percent'; and
(2) by striking `five persons' and inserting `20 persons'.
(b) NAVAL ACADEMY- Section 6957(b)(3) of such title is amended--
(1) by striking `35 percent' and inserting `50 percent'; and
(2) by striking `five persons' and inserting `20 persons'.
(c) AIR FORCE ACADEMY- Section 9344(b)(3) of such title is amended--
(1) by striking `35 percent' and inserting `50 percent'; and
(2) by striking `five persons' and inserting `20 persons'.
(d) EFFECTIVE DATE- The amendments made by this section apply with respect
to students from a foreign country entering the United States Military
Academy, the United States Naval Academy, or the United States Air Force
Academy on or after May 1, 1999.
(e) CONFORMING REPEAL- Section 301 of the 1999 Emergency Supplemental
Appropriations Act (Public Law 106-31; 113 Stat. 66) is repealed.
SEC. 535. EXPANSION OF FOREIGN EXCHANGE PROGRAMS OF THE SERVICE
ACADEMIES.
(a) UNITED STATES MILITARY ACADEMY- Section 4345 of title 10, United
States Code, is amended--
(1) in subsection (b), by striking `10 cadets' and inserting `24
cadets'; and
(2) in subsection (c)(3), by striking `$50,000' and inserting
`$120,000'.
(b) UNITED STATES NAVAL ACADEMY- Section 6957a of such title is
amended--
(1) in subsection (b), by striking `10 midshipmen' and inserting `24
midshipmen'; and
(2) in subsection (c)(3), by striking `$50,000' and inserting
`$120,000'.
(c) UNITED STATES AIR FORCE ACADEMY- Section 9345 of such title is
amended--
(1) in subsection (b), by striking `10 Air Force cadets' and inserting
`24 Air Force cadets'; and
(2) in subsection (c)(3), by striking `$50,000' and inserting
`$120,000'.
Subtitle E--Education and Training
SEC. 541. ESTABLISHMENT OF A DEPARTMENT OF DEFENSE INTERNATIONAL STUDENT
PROGRAM AT THE SENIOR MILITARY COLLEGES.
(a) IN GENERAL- (1) Chapter 103 of title 10, United States Code, is
amended by adding at the end the following new section:
`Sec. 2111b. Senior military colleges: Department of Defense international
student program
`(a) PROGRAM REQUIREMENT- The Secretary of Defense shall establish a
program to facilitate the enrollment and instruction of persons from foreign
countries as international students at the senior military colleges.
`(b) PURPOSES- The purposes of the program shall be--
`(1) to provide a high-quality, cost-effective military-based
educational experience for international students in furtherance of the
military-to-military program objectives of the Department of Defense;
and
`(2) to enhance the educational experience and preparation of future
United States military leaders through increased, extended interaction with
highly qualified potential foreign military leaders.
`(c) COORDINATION WITH THE SENIOR MILITARY COLLEGES- Guidelines for
implementation of the program shall be developed in coordination with the
senior military colleges.
`(d) RECOMMENDATIONS FOR ADMISSION OF STUDENTS UNDER THE PROGRAM- The
Secretary of Defense shall annually identify to the senior military colleges
the international students who, based on criteria established by the
Secretary, the Secretary recommends be considered for admission under the
program. The Secretary shall identify the recommended international students
to the senior military colleges as early as possible each year to enable those
colleges to consider them in a timely manner in their respective admissions
processes.
`(e) DOD FINANCIAL SUPPORT- An international student who is admitted to a
senior military college under the program under this section is responsible
for the cost of instruction at that college. The Secretary of Defense may,
from funds available to the Department of Defense other than funds available
for financial assistance under section 2107a of this title, provide some or
all of the costs of instruction for any such student.'.
(2) The table of sections at the beginning of such chapter is amended by
adding at the end the following new item:
`2111b. Senior military colleges: Department of Defense international student
program.'.
(b) EFFECTIVE DATE- The Secretary of Defense shall implement the program
under section 2111b of title 10, United States Code, as added by subsection
(a), with students entering the senior military colleges after May 1, 2000.
(c) REPEAL OF OBSOLETE PROVISION- Section 2111a(e)(1) of title 10, United
States Code, is amended by striking the second sentence.
(d) FISCAL YEAR 2000 FUNDING- Of the amounts made available to the
Department of Defense for fiscal year 2000 pursuant to section 301, $2,000,000
shall be available for financial support for international students under
section 2111b of title 10, United States Code, as added by subsection (a).
SEC. 542. AUTHORITY FOR ARMY WAR COLLEGE TO AWARD DEGREE OF MASTER OF
STRATEGIC STUDIES.
(a) AUTHORITY- Chapter 401 of title 10, United States Code, is amended by
adding at the end the following new section:
-`Sec. 4321. United States Army War College: master of strategic studies
degree
`Under regulations prescribed by the Secretary of the Army, the Commandant
of the United States Army War College, upon the recommendation of the faculty
and dean of the college, may confer the degree of master of strategic studies
upon graduates of the college who have fulfilled the requirements for that
degree.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by adding at the end the following new item:
`4321. United States Army War College: master of strategic studies degree.'.
SEC. 543. AUTHORITY FOR AIR UNIVERSITY TO CONFER GRADUATE-LEVEL
DEGREES.
(a) IN GENERAL- Subsection (a) of section 9317 of title 10, United States
Code, is amended to read as follows:
`(a) AUTHORITY- Upon the recommendation of the faculty of the appropriate
school of the Air University, the commander of the Air University may
confer--
`(1) the degree of master of strategic studies upon graduates of the Air
War College who fulfill the requirements for that degree;
`(2) the degree of master of military operational art and science upon
graduates of the Air Command and Staff College who fulfill the requirements
for that degree; and
`(3) the degree of master of airpower art and science upon graduates of
the School of Advanced Airpower Studies who fulfill the requirements for
that degree.'.
(b) CLERICAL AMENDMENTS- (1) The heading for that section is amended to
read:
`Sec. 9317. Air University: graduate-level degrees'.
(2) The item relating to that section in the table of sections at the
beginning of chapter 901 of such title is amended to read as follows:
`9317. Air University: graduate-level degrees.'.
SEC. 544. RESERVE CREDIT FOR PARTICIPATION IN HEALTH PROFESSIONS
SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM.
Section 2126(b) of title 10, United States Code, is amended--
(1) by striking paragraphs (2) and (3) and inserting the
following:
`(2) Service credited under paragraph (1) counts only for the award of
retirement points for computation of years of service under section 12732 of
this title and for computation of retired pay under section 12733 of this
title.
`(3) The number of points credited to a member under paragraph (1) for a
year of participation in a course of study is 50. The points shall be credited
to the member for one of the years of that participation at the end of each
year after the completion of the course of study that the member serves in the
Selected Reserve and is credited under section 12732(a)(2) of this title with
at least 50 points. The points credited for the participation shall be
recorded in the member's records as having been earned in the year of the
participation in the course of study.';
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following new paragraph
(5):
`(5) A member of the Selected Reserve may be considered to be in an active
status while pursuing a course of study under this subchapter only for
purposes of sections 12732(a) and 12733(3) of this title.'.
SEC. 545. PERMANENT AUTHORITY FOR ROTC SCHOLARSHIPS FOR GRADUATE
STUDENTS.
Section 2107(c)(2) of title 10, United States Code, is amended to read as
follows:
`(2) The Secretary of the military department concerned may provide
financial assistance, as described in paragraph (1), to a student enrolled in
an advanced education program beyond the baccalaureate degree level if the
student also is a cadet or midshipman in an advanced training program. Not
more than 15 percent of the total number of scholarships awarded under this
section in any year may be awarded under this paragraph.'.
SEC. 546. INCREASE IN MONTHLY SUBSISTENCE ALLOWANCE FOR SENIOR ROTC
CADETS SELECTED FOR ADVANCED TRAINING.
(a) INCREASE- Section 209(a) of title 37, United States Code, is amended
by striking `$150 a month' and inserting `$200 a month'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect
on October 1, 1999.
SEC. 547. CONTINGENT FUNDING INCREASE FOR JUNIOR ROTC
PROGRAM.
(a) IN GENERAL- (1) Chapter 102 of title 10, United States Code, is
amended by adding at the end the following new section:
`Sec. 2033. Contingent funding increase
`If for any fiscal year the amount appropriated for the National Guard
Challenge Program under section 509 of title 32 is in excess of $62,500,000,
the Secretary of Defense shall (notwithstanding any other provision of law)
make the amount in excess of $62,500,000 available for the Junior Reserve
Officers' Training Corps program under section 2031 of this title, and such
excess amount may not be used for any other purpose.'.
(2) The table of sections at the beginning of such chapter is amended by
adding at the end the following new item:
`2033. Contingent funding increase.'.
(b) EFFECTIVE DATE- Section 2033 of title 10, United States Code, as added
by subsection (a), shall apply only with respect to funds appropriated for
fiscal years after fiscal year 1999.
SEC. 548. CHANGE FROM ANNUAL TO BIENNIAL REPORTING UNDER THE RESERVE
COMPONENT MONTGOMERY GI BILL.
(a) IN GENERAL- Section 16137 of title 10, United States Code, is amended
to read as follows:
`Sec. 16137. Biennial report to Congress
`The Secretary of Defense shall submit to Congress a report not later than
March 1 of each odd-numbered year concerning the operation of the educational
assistance program established by this chapter during the preceding two fiscal
years. Each such report shall include the number of members of the Selected
Reserve of the Ready Reserve of each armed force receiving, and the number
entitled to receive, educational assistance under this chapter during those
fiscal years. The Secretary may submit the report more frequently and adjust
the period covered by the report accordingly.'.
(b) CLERICAL AMENDMENT- The item relating to such section in the table of
sections at the beginning of chapter 1606 of such title is amended to read as
follows:
`16137. Biennial report to Congress.'.
SEC. 549. RECODIFICATION AND CONSOLIDATION OF STATUTES DENYING FEDERAL
GRANTS AND CONTRACTS BY CERTAIN DEPARTMENTS AND AGENCIES TO INSTITUTIONS OF
HIGHER EDUCATION THAT PROHIBIT SENIOR ROTC UNITS OR MILITARY RECRUITING ON
CAMPUS.
(a) RECODIFICATION AND CONSOLIDATION FOR LIMITATIONS ON FEDERAL GRANTS AND
CONTRACTS- (1) Section 983 of title 10, United States Code, is amended to read
as follows:
-`Sec. 983. Institutions of higher education that prevent ROTC access or
military recruiting on campus: denial of grants and contracts from Department of
Defense, Department of Education, and certain other departments and agencies
`(a) DENIAL OF FUNDS FOR PREVENTING ROTC ACCESS TO CAMPUS- No funds
described in subsection (d)(1) may be provided by contract or by grant
(including a grant of funds to be available for student aid) to an institution
of higher education (including any subelement of such institution) if the
Secretary of Defense determines that that institution (or any subelement of
that institution) has a policy or practice (regardless of when implemented)
that either prohibits, or in effect prevents--
`(1) the Secretary of a military department from maintaining,
establishing, or operating a unit of the Senior Reserve Officer Training
Corps (in accordance with section 654 of this title and other applicable
Federal laws) at that institution (or any subelement of that institution);
or
`(2) a student at that institution (or any subelement of that
institution) from enrolling in a unit of the Senior Reserve Officer Training
Corps at another institution of higher education.
`(b) DENIAL OF FUNDS FOR PREVENTING MILITARY RECRUITING ON CAMPUS- No
funds described in subsection (d)(2) may be provided by contract or by grant
(including a grant of funds to be available for student aid) to an institution
of higher education (including any subelement of such institution) if the
Secretary of Defense determines that that institution (or any subelement of
that institution) has a policy or practice (regardless of when implemented)
that either prohibits, or in effect prevents--
`(1) the Secretary of a military department or Secretary of
Transportation from gaining entry to campuses, or access to students (who
are 17 years of age or older) on campuses, for purposes of military
recruiting; or
`(2) access by military recruiters for purposes of military recruiting
to the following information pertaining to students (who are 17 years of age
or older) enrolled at that institution (or any subelement of that
institution):
`(A) Names, addresses, and telephone listings.
`(B) Date and place of birth, levels of education, academic majors,
degrees received, and the most recent educational institution enrolled in
by the student.
`(c) EXCEPTIONS- The limitation established in subsection (a) or (b) shall
not apply to an institution of higher education (or any subelement of that
institution) if the Secretary of Defense determines that--
`(1) the institution (and each subelement of that institution) has
ceased the policy or practice described in that subsection; or
`(2) the institution of higher education involved has a longstanding
policy of pacifism based on historical religious affiliation.
`(d) COVERED FUNDS- (1) The limitation established in subsection (a)
applies to the following:
`(A) Any funds made available for the Department of Defense.
`(B) Any funds made available in a Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations
Act.
`(2) The limitation established in subsection (b) applies to the
following:
`(A) Funds described in paragraph (1).
`(B) Any funds made available for the Department of
Transportation.
`(e) NOTICE OF DETERMINATIONS- Whenever the Secretary of Defense makes a
determination under subsection (a), (b), or (c), the Secretary--
`(1) shall transmit a notice of the determination to the Secretary of
Education and to Congress; and
`(2) shall publish in the Federal Register a notice of the determination
and the effect of the determination on the eligibility of the institution of
higher education (and any subelement of that institution) for contracts and
grants.
`(f) SEMIANNUAL NOTICE IN FEDERAL REGISTER- The Secretary of Defense shall
publish in the Federal Register once every six months a list of each
institution of higher education that is currently ineligible for contracts and
grants by reason of a determination of the Secretary under subsection (a) or
(b).'.
(2) The item relating to section 983 in the table of sections at the
beginning of such chapter is amended to read as follows:
`983. Institutions of higher education that prevent ROTC access or
military recruiting on campus: denial of grants and contracts from Department of
Defense, Department of Education, and certain other departments and
agencies.'.
(b) REPEAL OF CODIFIED PROVISIONS- The following provisions of law are
repealed:
(1) Section 558 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 10 U.S.C. 503 note).
(2) Section 514 of the Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 1997 (as contained
in section 101(e) of division A of Public Law 104-208; 110 Stat. 3009-270;
10 U.S.C. 503 note).
SEC. 550. ACCRUAL FUNDING FOR COAST GUARD MONTGOMERY GI BILL
LIABILITIES.
Section 2006 of title 10, United States Code, is amended as follows:
(1) Subsection (a) is amended by striking `Department of Defense
education liabilities' and inserting `armed forces education
liabilities'.
(2) Paragraph (1) of subsection (b) is amended to read as follows:
`(1) The term `armed forces education liabilities' means liabilities of
the armed forces for benefits under chapter 30 of title 38 and for
Department of Defense benefits under chapter 1606 of this title.'.
(3) Subsection (b)(2)(C) is amended--
(A) by inserting `Department of Defense' after `future'; and
(B) by striking `chapter 106' and inserting `chapter 1606'.
(4) Subsection (c)(1) is amended by inserting `and the Secretary of the
Department in which the Coast Guard is operating' after `Defense'.
(5) Subsection (d) is amended--
(A) by striking `Department of Defense' and inserting `armed forces';
and
(B) by inserting `the Secretary of the Department in which the Coast
Guard is operating,' after `Secretary of Defense,'.
(6) Subsection (f)(5) is amended by inserting `and the Department in
which the Coast Guard is operating' after `Department of Defense'.
(7) Subsection (g) is amended--
(A) by inserting `and the Secretary of the Department in which the
Coast Guard is operating' in paragraphs (1) and (2) after `The Secretary
of Defense'; and
(B) by striking `of a military department' in paragraph (3) and
inserting `concerned'.
Subtitle F--Reserve Component Management
SEC. 551. FINANCIAL ASSISTANCE PROGRAM FOR PURSUIT OF DEGREES BY OFFICER
CANDIDATES IN MARINE CORPS PLATOON LEADERS CLASS PROGRAM.
(a) IN GENERAL- (1) Part IV of subtitle E of title 10, United States Code,
is amended by adding at the end the following new chapter:
`CHAPTER 1611--OTHER EDUCATIONAL ASSISTANCE PROGRAMS
`Sec.
`16401. Marine Corps Platoon Leaders Class program: officer candidates
pursuing degrees.
`Sec. 16401. Marine Corps Platoon Leaders Class program: officer candidates
pursuing degrees
`(a) AUTHORITY FOR FINANCIAL ASSISTANCE PROGRAM- The Secretary of the Navy
may provide financial assistance to an eligible enlisted member of the Marine
Corps Reserve for expenses of the member while the member is pursuing on a
full-time basis at an institution of higher education a program of education
approved by the Secretary that leads to--
`(1) a baccalaureate degree in less than five academic years; or
`(2) a doctor of jurisprudence or bachelor of laws degree in not more
than three academic years.
`(b) ELIGIBILITY- (1) To be eligible for financial assistance under this
section, an enlisted member of the Marine Corps Reserve must--
`(A) be an officer candidate in the Marine Corps Platoon Leaders Class
program and have successfully completed one six-week (or longer) increment
of military training required under that program;
`(B) meet the applicable age requirement specified in paragraph
(2);
`(C) be enrolled on a full-time basis in a program of education referred
to in subsection (a) at any institution of higher education; and
`(D) enter into a written agreement with the Secretary described in
paragraph (3).
`(2)(A) In the case of a member pursuing a baccalaureate degree, the
member meets the age requirements of this paragraph if the member will be
under 27 years of age on June 30 of the calendar year in which the member is
projected to be eligible for appointment as a commissioned officer in the
Marine Corps through the Marine Corps Platoon Leaders Class program, except
that if the member has served on active duty, the member may, on such date, be
any age under 30 years that exceeds 27 years by a number of months that is not
more than the number of months that the member served on active duty.
`(B) In the case of a member pursuing a doctor of jurisprudence or
bachelor of laws degree, the member meets the age requirements of this
paragraph if the member will be under 31 years of age on June 30 of the
calendar year in which the member is projected to be eligible for appointment
as a commissioned officer in the Marine Corps through the Marine Corps Platoon
Leaders Class program, except that if the member has served on active duty,
the member may, on such date, be any age under 35 years that exceeds 31 years
by a number of months that is not more than the number of months that the
member served on active duty.
`(3) A written agreement referred to in paragraph (1)(D) is an agreement
between the member and the Secretary in which the member agrees--
`(A) to accept an appointment as a commissioned officer in the Marine
Corps, if tendered by the President;
`(B) to serve on active duty for at least five years; and
`(C) under such terms and conditions as shall be prescribed by the
Secretary, to serve in the Marine Corps Reserve until the eighth anniversary
of the date of the appointment.
`(c) COVERED EXPENSES- Expenses for which financial assistance may be
provided under this section are--
`(1) tuition and fees charged by the institution of higher education
involved;
`(2) the cost of books; and
`(3) in the case of a program of education leading to a baccalaureate
degree, laboratory expenses.
`(d) AMOUNT- The amount of financial assistance provided to a member under
this section shall be prescribed by the Secretary, but may not exceed $5,200
for any academic year.
`(e) LIMITATIONS- (1) Financial assistance may be provided to a member
under this section only for three consecutive academic years.
`(2) Not more than 1,200 members may participate in the financial
assistance program under this section in any academic year.
`(f) FAILURE TO COMPLETE PROGRAM- (1) A member who receives financial
assistance under this section may be ordered to active duty in the Marine
Corps by the Secretary to serve in an appropriate enlisted grade for such
period as the Secretary prescribes, but not for more than four years, if the
member--
`(A) completes the military and academic requirements of the Marine
Corps Platoon Leaders Class program and refuses to accept an appointment as
a commissioned officer in the Marine Corps when offered;
`(B) fails to complete the military or academic requirements of the
Marine Corps Platoon Leaders Class program; or
`(C) is disenrolled from the Marine Corps Platoon Leaders Class program
for failure to maintain eligibility for an original appointment as a
commissioned officer under section 532 of this title.
`(2) The Secretary of the Navy may waive the obligated service under
paragraph (1) of a person who is not physically qualified for appointment
under section 532 of this title and later is determined by the Secretary of
the Navy under section 505 of this title to be unqualified for service as an
enlisted member of the Marine Corps due to a physical or medical condition
that was not the result of misconduct or grossly negligent conduct.
`(g) INSTITUTION OF HIGHER EDUCATION DEFINED- In this section, the term
`institution of higher education' has the meaning given that term in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001).'.
(2) The tables of chapters at the beginning of subtitle E of such title
and at the beginning of part IV of such subtitle are amended by adding after
the item relating to chapter 1609 the following new item:
16401'.
(b) CONFORMING AMENDMENT- Section 3695(a)(5) of title 38, United States
Code, is amended by striking `Chapters 106 and 107' and inserting `Chapters
107, 1606, and 1610'.
(c) COMPUTATION OF CREDITABLE SERVICE- Section 205 of title 37, United
States Code, is amended by adding at the end the following new subsection:
`(f) Notwithstanding subsection (a), the periods of service of a
commissioned officer appointed under section 12209 of title 10 after receiving
financial assistance under section 16401 of such title that are counted under
this section may not include a period of service after January 1, 2000, that
the officer performed concurrently as a member of the Marine Corps Platoon
Leaders Class program and the Marine Corps Reserve, except that service after
that date that the officer performed before commissioning (concurrently with
the period of service as a member of the Marine Corps Platoon Leaders Class
program) as an enlisted member on active duty or as a member of the Selected
Reserve may be so counted.'.
(d) TRANSITION PROVISION- (1) An enlisted member of the Marine Corps
Reserve selected for training as an officer candidate under section 12209 of
title 10, United States Code, before implementation of a financial assistance
program under section 16401 of such title (as added by subsection (a)) may,
upon application, participate in the financial assistance program established
under section 16401 of such title (as added by subsection (a)) if the
member--
(A) is eligible for financial assistance under such section 16401;
(B) submits a request for the financial assistance to the Secretary of
the Navy not later than 180 days after the date on which the Secretary
establishes the financial assistance program; and
(C) enters into a written agreement described in subsection (b)(3) of
such section.
(2) Section 205(f) of title 37, United States Code, as added by subsection
(c), applies to a member referred to in paragraph (1).
SEC. 552. OPTIONS TO IMPROVE RECRUITING FOR THE ARMY
RESERVE.
(a) REVIEW- The Secretary of the Army shall conduct a review of the
manner, process, and organization used by the Army to recruit new members for
the Army Reserve. The review shall seek to determine the reasons for the
continuing inability of the Army to meet recruiting objectives for the Army
Reserve and to identify measures the Secretary could take to correct that
inability.
(b) REORGANIZATION TO BE CONSIDERED- Among the possible corrective
measures to be examined by the Secretary of the Army as part of the review
shall be a transfer of the recruiting function for the Army Reserve from the
Army Recruiting Command to a new, fully resourced recruiting organization
under the command and control of the Chief, Army Reserve.
(c) REPORT- Not later than July 1, 2000, the Secretary shall submit to the
Committee on Armed Services of the Senate and the Committee on Armed Services
of the House of Representatives a report setting forth the results of the
review under this section. The report shall include a description of any
corrective measures the Secretary intends to implement.
SEC. 553. JOINT DUTY ASSIGNMENTS FOR RESERVE COMPONENT GENERAL AND FLAG
OFFICERS.
Subsection (b) of section 526 of title 10, United States Code, is
amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new paragraph
(2):
`(2)(A) The Chairman of the Joint Chiefs of Staff may designate up to 10
general and flag officer positions on the staffs of the commanders of the
unified and specified combatant commands as positions to be held only by
reserve component officers who are in a general or flag officer grade below
lieutenant general or vice admiral. Each position so designated shall be
considered to be a joint duty assignment position for purposes of chapter 38
of this title.
`(B) A reserve component officer serving in a position designated under
subparagraph (A) while on active duty under a call or order to active duty
that does not specify a period of 180 days or less shall not be counted for
the purposes of the limitations under subsection (a) and under section 525 of
this title if the officer was selected for service in that position in
accordance with the procedures specified in subparagraph (C).
`(C) Whenever a vacancy occurs, or is anticipated to occur, in a position
designated under subparagraph (A)--
`(i) the Secretary of Defense shall require the Secretary of the Army to
submit the name of at least one Army reserve component officer, the
Secretary of the Navy to submit the name of at least one Naval Reserve
officer and the name of at least one Marine Corps Reserve officer, and the
Secretary of the Air Force to submit the name of at least one Air Force
reserve component officer for consideration by the Secretary for assignment
to that position; and
`(ii) the Chairman of the Joint Chiefs of Staff may submit to the
Secretary of Defense the name of one or more officers (in addition to the
officers whose names are submitted pursuant to clause (i)) for consideration
by the Secretary for assignment to that position.
`(D) Whenever the Secretaries of the military departments are required to
submit the names of officers under subparagraph (C)(i), the Chairman of the
Joint Chiefs of Staff shall submit to the Secretary of Defense the Chairman's
evaluation of the performance of each officer whose name is submitted under
that subparagraph (and of any officer whose name the Chairman submits to the
Secretary under subparagraph (C)(ii) for consideration for the same
vacancy).
`(E) Subparagraph (B) does not apply in the case of an officer serving in
a position designated under subparagraph (A) if the Secretary of Defense, when
considering officers for assignment to fill the vacancy in that position which
was filled by that officer, did not have a recommendation for that assignment
from each Secretary of a military department who (pursuant to subparagraph
(C)) was required to make such a recommendation.'.
SEC. 554. GRADE OF CHIEFS OF RESERVE COMPONENTS AND ADDITIONAL GENERAL
OFFICERS AT THE NATIONAL GUARD BUREAU.
(a) PROCEDURES FOR APPOINTING RESERVE CHIEFS IN HIGHER GRADE- (1) Chapter
1213 of title 10, United States Code, is amended by adding at the end the
following new section:
`Sec. 12505. Selection of officers for certain senior reserve component
positions
`(a) COVERED POSITIONS- (1) This section applies to the positions
specified in sections 3038, 5143, 5144, and 8038 and the positions of
Director, Army National Guard, and Director, Air National Guard, specified in
subparagraphs (A) and (B) of section 10506(a)(1) of this title.
`(2) An officer may be assigned to one of the positions specified in
paragraph (1) for service in the grade of lieutenant general or vice admiral
if appointed to that grade for service in that position by the President, by
and with the advice and consent of the Senate. An officer may be recommended
to the President for such an appointment if selected for appointment to that
position in accordance with this section.
`(b) ELIGIBILITY FOR HIGHER GRADE- An officer shall be considered to have
been selected for appointment to a position specified in subsection (a) in
accordance with this section if--
`(1) the officer is recommended for that appointment by the Secretary of
the military department concerned;
`(2) the officer is determined by the Chairman of the Joint Chiefs of
Staff, in accordance with criteria and as a result of a process established
by the Chairman, to have significant joint duty experience; and
`(3) the officer is recommended by the Secretary of Defense to the
President for appointment in accordance with this section.
`(c) COUNTING FOR PURPOSES OF GRADE LIMITATIONS- An officer on active duty
for service in a position specified in subsection (a) who is serving in that
position (by reason of selection in accordance with this section) in the grade
of lieutenant general or vice admiral shall be counted for purposes of the
grade limitations under sections 525 and 526 of this title. This subsection
does not affect the counting for those purposes of officers serving in those
positions under any other provision of law.
`(d) TRANSITION WAIVER AUTHORITY- Until October 1, 2002, the Secretary of
Defense may waive paragraph (2) of subsection (b) with respect to the
appointment of an officer to a position specified in subsection (a) if in the
judgment of the Secretary--
`(1) the officer is qualified for service in the position; and
`(2) the waiver is necessary for the good of the service.
Any such waiver shall be made on a case-by-case basis.'.
(2) The table of sections at the beginning of such chapter is amended by
adding at the end the following new item:
`12505. Selection of officers for certain senior reserve component
positions.'.
(b) CHIEF OF ARMY RESERVE- Section 3038(c) of title 10, United States
Code, is amended by adding at the end the following new sentence: `However, if
selected in accordance with section 12505 of this title, he may be appointed
in the grade of lieutenant general.'.
(c) CHIEF OF NAVAL RESERVE- Section 5143(c)(2) of such title is
amended--
(1) by striking `above rear admiral (lower half)' and inserting `rear
admiral'; and
(2) by adding at the end the following new sentence: `However, if
selected in accordance with section 12505 of this title, he may be appointed
in the grade of vice admiral.'.
(d) COMMANDER, MARINE FORCES RESERVE- Section 5144(c)(2) of such title is
amended--
(1) by striking `above brigadier general' and inserting `major general';
and
(2) by adding at the end the following new sentence: `However, if
selected in accordance with section 12505 of this title, he may be appointed
in the grade of lieutenant general.'.
(e) CHIEF OF AIR FORCE RESERVE- Section 8038(c) of such title is amended
by adding at the end the following new sentence: `However, if selected in
accordance with section 12505 of this title, he may be appointed in the grade
of lieutenant general.'.
(f) GENERAL OFFICERS FOR THE NATIONAL GUARD BUREAU- Subparagraphs (A) and
(B) of section 10506(a)(1) of such title are each amended by inserting `or, if
appointed to that position in accordance with section 12505(a)(2) of this
title, the grade of lieutenant general,' after `major general'.
(g) EFFECTIVE DATE- The amendments made by this section shall take effect
60 days after the date of the enactment of this Act.
(h) APPLICABILITY TO INCUMBENTS- (1) If an officer who is a covered
position incumbent is appointed under the amendments made by this section to
the grade of lieutenant general or vice admiral, the term of service of that
officer in that covered position shall not be extended by reason of such
appointment.
(2) For purposes of this subsection:
(A) The term `covered position incumbent' means a reserve component
officer who on the effective date specified in subsection (g) is serving in
a covered position.
(B) The term `covered position' means a position specified in section
12505 of title 10, United States Code, as added by subsection (a).
SEC. 555. DUTIES OF RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
(a) DUTIES- Section 12310 of title 10, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (d) and transferring
that subsection, as so redesignated, to the end of the section; and
(2) by inserting after subsection (a) the following new subsection
(b):
`(b) DUTIES- A Reserve on active duty as described in subsection (a) may
be assigned only duties in connection with the functions described in that
subsection, which may include the following:
`(1) Supporting operations or missions assigned in whole or in part to
reserve components.
`(2) Supporting operations or missions performed or to be performed
by--
`(A) a unit composed of elements from more than one component of the
same armed force; or
`(B) a joint forces unit that includes--
`(i) one or more reserve component units; or
`(ii) a member of a reserve component whose reserve component
assignment is in a position in an element of the joint forces
unit.
`(3) Advising the Secretary of Defense, the Secretaries of the military
departments, the Joint Chiefs of Staff, and the commanders of the unified
combatant command regarding reserve component matters.'.
(b) TECHNICAL AND CONFORMING AMENDMENTS- Such section is further
amended--
(1) in subsection (a), by inserting `GRADE WHEN ORDERED TO ACTIVE DUTY-
' after `(a)';
(2) in subsection (c)(1), by striking `(c)(1) A Reserve' and inserting
`(c) DUTIES RELATING TO DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION- (1)
Notwithstanding subsection (b), a Reserve'; and
(3) in subsection (d), as redesignated and transferred by subsection
(a)(1), by inserting `TRAINING- ' before `A Reserve'.
(c) REPORT ON THE USE OF RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES- (1) The Secretary of Defense shall review how the Reserves on active
duty in support of the reserves are or will be used in relation to the duties
set forth under subsection (b) of section 12310 of title 10, United States
Code, as added by subsection (a)(2).
(2) Not later than March 1, 2000, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of Representatives a
report on the results of the review under paragraph (1). The report shall
include the following:
(A) An itemization and description, shown by operation or mission
referred to in subsection (b) of section 12310 of title 10, United States
Code, as added by subsection (a)(2), of the numbers of Reserves on active
duty involved in each of those operations and missions.
(B) An assessment and recommendation as to whether the Reserves on
active duty in support of the reserves should be managed as a separate
personnel category in which they compete only among themselves for
promotion, retention, school selection, command, and other centrally
selected personnel actions.
(C) An assessment and recommendation as to whether those Reserves should
be considered as being part of their respective active component for
purposes of management of end strengths and whether funds for those Reserves
should be provided from appropriations for active component military
personnel (rather than reserve component personnel).
(D) An assessment and recommendations for changes in the existing
officer and enlisted personnel systems required as a result of the
amendments to section 12310 of title 10, United States Code, made by
subsection (a), with such assessment to take a comprehensive life-cycle
approach to the careers of those Reserves and how those careers should be
managed, with special attention to issues related to accession, promotion,
professional development, retention, separation and retirement.
SEC. 556. REPEAL OF LIMITATION ON NUMBER OF RESERVES ON FULL-TIME ACTIVE
DUTY IN SUPPORT OF PREPAREDNESS FOR RESPONSES TO EMERGENCIES INVOLVING WEAPONS
OF MASS DESTRUCTION.
(a) REPEAL- Paragraph (4) of section 12310(c) of title 10, United States
Code, is amended by striking the first sentence.
(b) CONFORMING AMENDMENTS- Paragraph (6) of such section is amended--
(1) by striking `or to increase the number of personnel authorized by
paragraph (4)' in the matter preceding subparagraph (A); and
(2) in subparagraph (A), by striking `or for the requested additional
personnel' and all that follows through `Federal levels'.
SEC. 557. ESTABLISHMENT OF OFFICE OF THE COAST GUARD
RESERVE.
(a) ESTABLISHMENT- Chapter 3 of title 14, United States Code, is amended
by adding at the end the following new section:
`Sec. 53. Office of the Coast Guard Reserve; Director
`(a) ESTABLISHMENT OF OFFICE; DIRECTOR- There is in the executive part of
the Coast Guard an Office of the Coast Guard Reserve. The head of the Office
is the Director of the Coast Guard Reserve. The Director of the Coast Guard
Reserve is the principal adviser to the Commandant on Coast Guard Reserve
matters and may have such additional functions as the Commandant may
direct.
`(b) APPOINTMENT- The President, by and with the advice and consent of the
Senate, shall appoint the Director of the Coast Guard Reserve, from officers
of the Coast Guard who--
`(1) have had at least 10 years of commissioned service;
`(2) are in a grade above captain; and
`(3) have been recommended by the Secretary of Transportation.
`(c) TERM- (1) The Director of the Coast Guard Reserve holds office for a
term determined by the President, normally two years, but not more than four
years. An officer may be removed from the position of Director for cause at
any time.
`(2) The Director of the Coast Guard Reserve, while so serving, holds a
grade above Captain, without vacating the officer's permanent grade.
`(d) BUDGET- The Director of the Coast Guard Reserve is the official
within the executive part of the Coast Guard who, subject to the authority,
direction, and control of the Secretary of Transportation and the Commandant,
is responsible for preparation, justification, and execution of the personnel,
operation and maintenance, and construction budgets for the Coast Guard
Reserve. As such, the Director of the Coast Guard Reserve is the director and
functional manager of appropriations made for the Coast Guard Reserve in those
areas.
`(e) ANNUAL REPORT- The Director of the Coast Guard Reserve shall submit
to the Secretary of Transportation and the Secretary of Defense an annual
report on the state of the Coast Guard Reserve and the ability of the Coast
Guard Reserve to meet its missions. The report shall be prepared in
conjunction with the Commandant and may be submitted in classified and
unclassified versions.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by inserting after the item relating to section 52 the
following new item:
`53. Office of the Coast Guard Reserve; Director.'.
SEC. 558. REPORT ON USE OF NATIONAL GUARD FACILITIES AND INFRASTRUCTURE
FOR SUPPORT OF PROVISION OF SERVICES TO VETERANS.
(a) REPORT- The Chief of the National Guard Bureau shall submit to the
Secretary of Defense a report, to be prepared in consultation with the
Secretary of Veterans Affairs, assessing the feasibility and desirability of
using the facilities and electronic infrastructure of the National Guard for
support of the provision of services to veterans by the Secretary of Veterans
Affairs. The report shall include an assessment of any costs and benefits
associated with the use of those facilities and that infrastructure for that
purpose.
(b) TRANSMITTAL TO CONGRESS- The Secretary of Defense shall, not later
than April 1, 2000, transmit to Congress the report submitted to the Secretary
under subsection (a), together with any comments on the report consistent with
the requirements of section 18235 of title 10, United States Code, that the
Secretary considers appropriate.
Subtitle G--Decorations, Awards, and Commendations
SEC. 561. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN DECORATIONS TO
CERTAIN PERSONS.
(a) WAIVER- Any limitation established by law or policy for the time
within which a recommendation for the award of a military decoration or award
must be submitted shall not apply to awards of decorations described in this
section, the award of each such decoration having been determined by the
Secretary concerned to be warranted in accordance with section 1130 of title
10, United States Code.
(b) DISTINGUISHED FLYING CROSS- Subsection (a) applies to the award of the
Distinguished Flying Cross for service during World War II or Korea (including
multiple awards to the same individual) in the case of each individual
concerning whom the Secretary of the Navy (or an officer of the Navy acting on
behalf of the Secretary) submitted to the Committee on Armed Services of the
House of Representatives and the Committee on Armed Services of the Senate,
during the period beginning on October 17, 1998, and ending on the day before
the date of the enactment of this Act, a notice as provided in section 1130(b)
of title 10, United States Code, that the award of the Distinguished Flying
Cross to that individual is warranted and that a waiver of time restrictions
prescribed by law for recommendation for such award is recommended.
(c) COAST GUARD COMMENDATION MEDAL- Subsection (a) applies to the award of
the Coast Guard Commendation Medal to Mark H. Freeman, of Seattle, Washington
for heroic achievement performed in a manner above that normally to be
expected during rescue operations for the S.S. Seagate, in September 1956,
while serving as a member of the Coast Guard at Gray Harbor Lifeboat Station,
Westport, Washington.
SEC. 562. AUTHORITY FOR AWARD OF MEDAL OF HONOR TO ALFRED RASCON FOR
VALOR DURING THE VIETNAM CONFLICT.
(a) WAIVER OF TIME LIMITATIONS- Notwithstanding the time limitations
specified in section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons who
served in the Army, the President may award the Medal of Honor under section
3741 of that title to Alfred Rascon, of Laurel, Maryland, for the acts of
valor described in subsection (b).
(b) ACTION DESCRIBED- The acts of valor referred to in subsection (a) are
the actions of Alfred Rascon on March 16, 1966, as an Army medic, serving in
the grade of Specialist Four in the Republic of Vietnam with the
Reconnaissance Platoon, Headquarters Company, 1st Battalion, 503rd Infantry,
173rd Airborne Brigade (Separate), during a combat operation known as Silver
City.
SEC. 563. ELIMINATION OF CURRENT BACKLOG OF REQUESTS FOR REPLACEMENT OF
MILITARY DECORATIONS.
(a) ELIMINATION OF CURRENT BACKLOG- The Secretary of Defense shall
eliminate the backlog (as of the date of the enactment of this Act) of
requests made to the Department of Defense for the issuance or replacement of
military decorations for members or former members of the Armed Forces.
(b) CONDITION- The Secretary shall allocate funds and other resources in
order to carry out subsection (a) in a manner that does not detract from the
performance of other personnel service and personnel support activities within
the Department of Defense.
(c) REPORT- Not later than 45 days after the date of the enactment of this
Act, the Secretary shall submit to Congress a report on the status of the
elimination of the backlog described in subsection (a). The report shall
include a plan for preventing accumulation of backlogs in the future.
(d) DECORATION DEFINED- For the purposes of this section, the term
`decoration' means a medal or other decoration that a member or former member
of the Armed Forces was awarded by the United States with respect to service
in the Armed Forces.
SEC. 564. RETROACTIVE AWARD OF NAVY COMBAT ACTION RIBBON.
The Secretary of the Navy may award the Navy Combat Action Ribbon
(established by Secretary of the Navy Notice 1650, dated February 17, 1969) to
a member of the Navy or Marine Corps for participation in ground or surface
combat during any period on or after December 7, 1941, and before March 1,
1961 (the date of the otherwise applicable limitation on retroactivity for the
award of such decoration), if the Secretary determines that the member has not
been previously recognized in an appropriate manner for such participation.
SEC. 565. SENSE OF CONGRESS CONCERNING PRESIDENTIAL UNIT CITATION FOR
CREW OF THE U.S.S. INDIANAPOLIS.
(a) FINDINGS- Congress reaffirms the findings made in section 1052(a) of
the National Defense Authorization Act for Fiscal Year 1995 (Public Law
103-337; 108 Stat. 2844) that the heavy cruiser U.S.S. INDIANAPOLIS
(CA-35)--
(1) served the people of the United States with valor and distinction
throughout World War II in action against enemy forces in the Pacific
Theater of Operations from December 7, 1941 to July 29, 1945;
(2) with her courageous and capable crew, compiled an impressive combat
record during the war in the Pacific, receiving in the process 10 battle
stars in actions from the Aleutians to Okinawa;
(3) rendered invaluable service in anti-shipping, shore bombardment,
anti-air, and invasion support roles and serving as flagship for the Fifth
Fleet under Admiral Raymond Spruance and flagship for the Third Fleet under
Admiral William F. Halsey; and
(4) transported the world's first operational atomic bomb from the
United States to the Island of Tinian, accomplishing that mission at a
record average speed of 29 knots.
(b) FURTHER FINDINGS- Congress further finds that--
(1) from participation in the earliest offensive actions in the Pacific
during World War II to her pivotal role in delivering the weapon that
brought the war to an end, the U.S.S. INDIANAPOLIS and her crew left an
indelible imprint on the Nation's struggle to eventual victory in the war in
the Pacific; and
(2) the selfless, courageous, and outstanding performance of duty by
that ship and her crew throughout the war in the Pacific reflects great
credit upon the ship and her crew, thus upholding the very highest
traditions of the United States Navy.
(c) SENSE OF CONGRESS- (1) It is the sense of Congress that the President
should award a Presidential Unit Citation to the crew of the U.S.S.
INDIANAPOLIS (CA-35) in recognition of the courage and skill displayed by the
members of the crew of that vessel throughout World War II.
(2) A citation described in paragraph (1) may be awarded without regard to
any provision of law or regulation prescribing a time limitation that is
otherwise applicable with respect to recommendation for, or the award of, such
a citation.
Subtitle H--Matters Related to Recruiting
SEC. 571. ACCESS TO SECONDARY SCHOOL STUDENTS FOR MILITARY RECRUITING
PURPOSES.
Section 503 of title 10, United States Code, is amended by adding at the
end the following new subsection:
`(c) Each local educational agency is requested to provide to the
Department of Defense, upon a request made for military recruiting purposes,
the same access to secondary school students, and to directory information
concerning such students, as is provided generally to post-secondary
educational institutions or to prospective employers of those students.'.
SEC. 572. INCREASED AUTHORITY TO EXTEND DELAYED ENTRY PERIOD FOR
ENLISTMENTS OF PERSONS WITH NO PRIOR MILITARY SERVICE.
(a) MAXIMUM PERIOD OF EXTENSION- Section 513(b)(1) of title 10, United
States Code, is amended by striking `180 days' in the second sentence and
inserting `365 days'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect
on October 1, 1999, and shall apply with respect to enlistments entered into,
on or after that date.
SEC. 573. ARMY COLLEGE FIRST PILOT PROGRAM.
(a) PROGRAM REQUIRED- The Secretary of the Army shall establish a pilot
program (to be known as the `Army College First' program) to assess whether
the Army could increase the number of, and the level of the qualifications of,
persons entering the Army as enlisted members by encouraging recruits to
pursue higher education or vocational or technical training before entry into
active service in the Army.
(b) DELAYED ENTRY WITH ALLOWANCE FOR HIGHER EDUCATION- Under the pilot
program, the Secretary may exercise the authority under section 513 of title
10, United States Code--
(1) to accept the enlistment of a person as a Reserve for service in the
Selected Reserve or Individual Ready Reserve of the Army Reserve or,
notwithstanding the scope of the authority under subsection (a) of that
section, in the Army National Guard of the United States;
(2) to authorize, notwithstanding the period limitation in subsection
(b) of that section, a delay of the enlistment of any such person in a
regular component under that subsection for the period during which the
person is enrolled in, and pursuing a program of education at, an
institution of higher education, or a program of vocational or technical
training, on a full-time basis that is to be completed within two years
after the date of such enlistment as a Reserve under paragraph (1);
and
(3) in the case of a person enlisted in a reserve component for service
in the Individual Ready Reserve, pay an allowance to the person for each
month of that period.
(c) MAXIMUM PERIOD OF DELAY- The period of delay authorized a person under
paragraph (2) of subsection (b) may not exceed the two-year period beginning
on the date of the person's enlistment accepted under paragraph (1) of such
subsection.
(d) AMOUNT OF ALLOWANCE- (1) The monthly allowance paid under subsection
(b)(3) is $150. The allowance may not be paid for more than 24 months.
(2) An allowance under this section is in addition to any other pay or
allowance to which a member of a reserve component is entitled by reason of
participation in the Ready Reserve of that component.
(e) COMPARISON GROUP- To perform the assessment under subsection (a), the
Secretary may define and study any group not including persons receiving a
benefit under subsection (b) and compare that group with any group or groups
of persons who receive such benefits under the pilot program.
(f) DURATION OF PILOT PROGRAM- The pilot program shall be in effect during
the period beginning on October 1, 1999, and ending on September 30, 2004.
(g) REPORT- Not later than February 1, 2004, the Secretary shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the pilot program. The report shall include the
following:
(1) The assessment of the Secretary regarding the value of the authority
under this section for achieving the objectives of increasing the number of,
and the level of the qualifications of, persons entering the Army as
enlisted members.
(2) Any recommendation for legislation or other action that the
Secretary considers appropriate to achieve those objectives through grants
of entry delays and financial benefits for advanced education and training
of recruits.
SEC. 574. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS
PURPOSES.
(a) AUTHORITY- Subchapter II of chapter 134 of title 10, United States
Code, is amended by adding at the end the following new section:
`Sec. 2257. Use of recruiting materials for public relations
`The Secretary of Defense may use for public relations purposes of the
Department of Defense any advertising materials developed for use for
recruitment and retention of personnel for the armed forces. Any such use
shall be under such conditions and subject to such restrictions as the
Secretary of Defense shall prescribe.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
subchapter is amended by adding at the end the following new item:
`2257. Use of recruiting materials for public relations.'.
Subtitle I--Matters Relating to Missing Persons
SEC. 575. NONDISCLOSURE OF DEBRIEFING INFORMATION ON CERTAIN MISSING
PERSONS PREVIOUSLY RETURNED TO UNITED STATES CONTROL.
Section 1506 of title 10, United States Code, is amended by adding at the
end the following new subsection:
`(f) NONDISCLOSURE OF CERTAIN INFORMATION- A record of the content of a
debriefing of a missing person returned to United States control during the
period beginning on July 8, 1959, and ending on February 10, 1996, that was
conducted by an official of the United States authorized to conduct the
debriefing is privileged information and, notwithstanding sections 552 and
552a of title 5, may not be disclosed, in whole or in part, under either such
section. However, this subsection does not limit the responsibility of the
Secretary concerned under paragraphs (2) and (3) of subsection (d) to place
extracts of non-derogatory information, or a notice of the existence of such
information, in the personnel file of a missing person.'.
SEC. 576. RECOVERY AND IDENTIFICATION OF REMAINS OF CERTAIN WORLD WAR II
SERVICEMEN LOST IN PACIFIC THEATER OF OPERATIONS.
(a) RECOVERY OF REMAINS- (1) The Secretary of Defense shall make every
reasonable effort to search for, recover, and identify the remains of United
States servicemen lost in the Pacific theater of operations during World War
II (including in New Guinea) while engaged in flight operations.
(2) In order to provide high priority to carrying out paragraph (1), the
Secretary of Defense shall consider increasing the number of personnel
assigned to the Central Identification Laboratory, Hawaii.
(3) Not later than September 30, 2000, the Secretary shall submit to
Congress a report setting forth the efforts made to accomplish the objectives
specified in paragraph (1). The Secretary shall include in the report a
statement of the backlog of cases at the Central Identification Laboratory,
Hawaii, shown by conflict, and the status of the joint manning plan required
by section 566(c) of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2029)
(b) DIPLOMATIC INTERVENTION IF REQUIRED- The Secretary of State, upon
request by the Secretary of Defense, shall work with officials of governments
of nations in the area that was covered by the Pacific theater of operations
of World War II to seek to overcome any diplomatic obstacles that may impede
the Secretary of Defense from carrying out the objectives specified in
subsection (a)(1).
Subtitle J--Other Matters
SEC. 577. AUTHORITY FOR SPECIAL COURTS-MARTIAL TO IMPOSE SENTENCES TO
CONFINEMENT AND FORFEITURES OF PAY OF UP TO ONE YEAR.
(a) MAXIMUM PUNISHMENTS THAT MAY BE ADJUDGED BY A SPECIAL COURT-MARTIAL-
Section 819 of title 10, United States Code (article 19 of the Uniform Code of
Military Justice), is amended--
(1) in the second sentence, by striking `six months' both places it
appears and inserting `one year'; and
(2) in the third sentence, by inserting after `A bad conduct discharge'
the following: `, confinement for more than six months, or forfeiture of pay
for more than six months'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall take
effect on the first day of the sixth month beginning after the date of the
enactment of this Act and shall apply with respect to charges referred on or
after that effective date to trial by special courts-martial.
SEC. 578. FUNERAL HONORS DETAILS FOR FUNERALS OF VETERANS.
(a) RESPONSIBILITY OF SECRETARY OF DEFENSE- (1) Subsection (a) of section
1491 of title 10, United States Code, is amended to read as follows:
`(a) AVAILABILITY OF FUNERAL HONORS DETAIL ENSURED- The Secretary of
Defense shall ensure that, upon request, a funeral honors detail is provided
for the funeral of any veteran.'.
(2) Section 1491(a) of title 10, United States Code, as amended by
paragraph (1), shall apply with respect to funerals that occur after December
31, 1999.
(b) COMPOSITION OF FUNERAL HONORS DETAILS- (1) Subsection (b) of such
section is amended--
(A) by striking `HONOR GUARD DETAILS- ' and inserting `FUNERAL HONORS
DETAILS- (1)';
(B) by striking `an honor guard detail' and inserting `a funeral honors
detail'; and
(C) by striking `not less than three persons' and all that follows and
inserting `two or more persons.'.
(2) Subsection (c) of such section is amended--
(A) by striking `(c) PERSONS FORMING HONOR GUARDS- An honor guard
detail' and inserting `(2) At least two members of the funeral honors detail
for a veteran's funeral shall be members of the armed forces, at least one
of whom shall be a member of the armed force of which the veteran was a
member. The remainder of the detail'; and
(B) by striking the second sentence and inserting the following: `Each
member of the armed forces in the detail shall wear the uniform of the
member's armed force while serving in the detail.'.
(c) CEREMONY, SUPPORT, AND WAIVER- Such section is further amended--
(1) by redesignating subsections (d), (e), and (f) as subsections (f),
(g), and (h), respectively; and
(2) by inserting after subsection (b) the following new
subsections:
`(c) CEREMONY- A funeral honors detail shall, at a minimum, perform at the
funeral a ceremony that includes the folding of a United States flag and
presentation of the flag to the veteran's family and the playing of Taps.
Unless a bugler is a member of the detail, the funeral honors detail shall
play a recorded version of Taps using audio equipment which the detail shall
provide if adequate audio equipment is not otherwise available for use at the
funeral.
`(d) SUPPORT- To provide a funeral honors detail under this section, the
Secretary of a military department may provide the following:
`(1) Transportation, or reimbursement for transportation, and expenses
for a person who participates in the funeral honors detail and is not a
member of the armed forces or an employee of the United States.
`(2) Materiel, equipment, and training for members of a veterans
organization or other organization referred to in subsection (b)(2).
`(e) WAIVER AUTHORITY- (1) The Secretary of Defense may waive any
requirement provided in or pursuant to this section when the Secretary
considers it necessary to do so to meet the requirements of war, national
emergency, or a contingency operation or other military requirements. The
authority to make such a waiver may not be delegated to an official of a
military department other than the Secretary of the military department and
may not be delegated within the Office of the Secretary of Defense to an
official at a level below Under Secretary of Defense.
`(2) Before or promptly after granting a waiver under paragraph (1), the
Secretary shall transmit a notification of the waiver to the Committees on
Armed Services of the Senate and House of Representatives.'.
(d) REGULATIONS- Subsection (f) of such section, as redesignated by
subsection (d)(1), is amended to read as follows:
`(f) REGULATIONS- The Secretary of Defense shall prescribe regulations to
carry out this section. Those regulations shall include the following:
`(1) A system for selection of units of the armed forces and other
organizations to provide funeral honors details.
`(2) Procedures for responding and coordinating responses to requests
for funeral honors details.
`(3) Procedures for establishing standards and protocol.
`(4) Procedures for providing training and ensuring quality of
performance.'.
(e) INCLUSION OF CERTAIN MEMBERS OF THE SELECTED RESERVE IN PERSONS
ELIGIBLE FOR FUNERAL HONORS- Subsection (h) of such section, as redesignated
by subsection (d)(1), is amended to read as follows:
`(h) VETERAN DEFINED- In this section, the term `veteran' means a decedent
who--
`(1) served in the active military, naval, or air service (as defined in
section 101(24) of title 38) and who was discharged or released therefrom
under conditions other than dishonorable; or
`(2) was a member or former member of the Selected Reserve described in
section 2301(f) of title 38.'.
(f) AUTHORITY TO ACCEPT VOLUNTARY SERVICES- Section 1588(a) of such title
is amended by adding at the end the following new paragraph:
`(4) Voluntary services as a member of a funeral honors detail under
section 1491 of this title.'.
(g) DUTY STATUS OF RESERVES IN FUNERAL HONORS DETAILS- (1) Section 114 of
title 32, United States Code, is amended--
(A) by striking `honor guard functions' both places it appears and
inserting `funeral honors functions'; and
(B) by striking `drill or training otherwise required' and inserting
`drill or training, but may be performed as funeral honors duty under
section 115 of this title'.
(2) Chapter 1 of such title is amended by adding at the end the following
new section:
`Sec. 115. Funeral honors duty performed as a Federal function
`(a) ORDER TO DUTY- A member of the Army National Guard of the United
States or the Air National Guard of the United States may be ordered to
funeral honors duty, with the consent of the member, to prepare for or perform
funeral honors functions at the funeral of a veteran under section 1491 of
title 10. However, a member of the Army National Guard of the United States or
the Air National Guard of the United States may not be ordered to perform
funeral honors functions under this section without the consent of the
Governor or other appropriate authority of the State concerned.
`(b) SERVICE CREDIT- A member ordered to funeral honors duty under this
section shall be required to perform a minimum of two hours of such duty in
order to receive--
`(1) service credit under section 12732(a)(2)(E) of title 10; and
`(2) if authorized by the Secretary concerned, the allowance under
section 435 of title 37.
`(c) REIMBURSABLE EXPENSES- A member who performs funeral honors duty
under this section may be reimbursed for travel and transportation expenses
incurred in conjunction with such duty as authorized under chapter 7 of title
37 if such duty is performed at a location 50 miles or more from the member's
residence.
`(d) REGULATIONS- The exercise of authority under subsection (a) is
subject to regulations prescribed by the Secretary of Defense.'.
(3) Chapter 1213 of title 10, United States Code, is amended by adding at
the end the following new section:
`Sec. 12503. Ready Reserve: funeral honors duty
`(a) ORDER TO DUTY- A member of the Ready Reserve may be ordered to
funeral honors duty, with the consent of the member, in preparation for or to
perform funeral honors functions at the funeral of a veteran as defined in
section 1491 of this title.
`(b) SERVICE CREDIT- A member ordered to funeral honors duty under this
section shall be required to perform a minimum of two hours of such duty in
order to receive--
`(1) service credit under section 12732(a)(2)(E) of this title;
and
`(2) if authorized by the Secretary concerned, the allowance under
section 435 of title 37.
`(c) REIMBURSABLE EXPENSES- A member who performs funeral honors duty
under this section may be reimbursed for travel and transportation expenses
incurred in conjunction with such duty as authorized under chapter 7 of title
37 if such duty is performed at a location 50 miles or more from the member's
residence.
`(d) REGULATIONS- The exercise of authority under subsection (a) is
subject to regulations prescribed by the Secretary of Defense.
`(e) MEMBERS OF THE NATIONAL GUARD- This section does not apply to members
of the Army National Guard of the United States or the Air National Guard of
the United States. The performance of funeral honors duty by those members is
provided for in section 115 of title 32.'.
(4) Section 12552 of title 10, United States Code, is amended to read as
follows:
`Sec. 12552. Funeral honors functions at funerals for veterans
`Performance by a Reserve of funeral honors functions at the funeral of a
veteran (as defined in section 1491(h) of this title) may not be considered to
be a period of drill or training, but may be performed as funeral honors duty
under section 12503 of this title'.
(h) CREDITING FOR RESERVE RETIREMENT PURPOSES- (1) Section 12732(a)(2) of
such title is amended--
(A) by inserting after subparagraph (D) the following new
subparagraph:
`(E) One point for each day on which funeral honors duty is performed
for at least two hours under section 12503 of this title or section 115 of
title 32, unless the duty is performed while in a status for which credit
is provided under another subparagraph of this paragraph.'; and
(B) by striking `, and (D)' in the last sentence and inserting `, (D),
and (E)'.
(2) Section 12733 of such title is amended--
(A) by redesignating paragraph (4) as paragraph (5); and
(B) by inserting after paragraph (3) the following new paragraph
(4):
`(4) One day for each point credited to the person under subparagraph
(E) of section 12732(a)(2) of this title.'.
(i) BENEFITS FOR MEMBERS IN FUNERAL HONORS DUTY STATUS- (1) Section
1074a(a) of such title is amended--
(A) in each of paragraphs (1) and (2)--
(i) by striking `or' at the end of subparagraph (A);
(ii) by striking the period at the end of subparagraph (B) and
inserting `; or'; and
(iii) by adding at the end the following:
`(C) service on funeral honors duty under section 12503 of this title
or section 115 of title 32.'; and
(B) by adding at the end the following new paragraph:
`(4) Each member of the armed forces who incurs or aggravates an injury,
illness, or disease in the line of duty while remaining overnight
immediately before serving on funeral honors duty under section 12503 of
this title or section 115 of title 32 at or in the vicinity of the place at
which the member was to so serve, if the place is outside reasonable
commuting distance from the member's residence.'.
(2) Section 1076(a)(2) of such title is amended by adding at the end the
following new subparagraph:
`(E) A member who died from an injury, illness, or disease incurred or
aggravated while the member--
`(i) was serving on funeral honors duty under section 12503 of this
title or section 115 of title 32;
`(ii) was traveling to or from the place at which the member was to so
serve; or
`(iii) remained overnight at or in the vicinity of that place
immediately before so serving, if the place is outside reasonable
commuting distance from the member's residence.'.
(3) Section 1204(2) of such title is amended--
(A) by striking `or' at the end of subparagraph (A);
(B) by inserting `or' after the semicolon at the end of subparagraph
(B); and
(C) by adding at the end the following new subparagraph:
`(C) is a result of an injury, illness, or disease incurred or
aggravated in line of duty--
`(i) while the member was serving on funeral honors duty under
section 12503 of this title or section 115 of title 32;
`(ii) while the member was traveling to or from the place at which
the member was to so serve; or
`(iii) while the member remained overnight at or in the vicinity of
that place immediately before so serving, if the place is outside
reasonable commuting distance from the member's residence;'.
(4) Paragraph (2) of section 1206 of such title is amended to read as
follows:
`(2) the disability is a result of an injury, illness, or disease
incurred or aggravated in line of duty--
`(i) performing active duty or inactive-duty training;
`(ii) traveling directly to or from the place at which such duty is
performed; or
`(iii) remaining overnight immediately before the commencement of
inactive-duty training, or while remaining overnight between successive
periods of inactive-duty training, at or in the vicinity of the site of
the inactive-duty training, if the site is outside reasonable commuting
distance of the member's residence; or
`(i) was serving on funeral honors duty under section 12503 of this
title or section 115 of title 32;
`(ii) was traveling to or from the place at which the member was to
so serve; or
`(iii) remained overnight at or in the vicinity of that place
immediately before so serving, if the place is outside reasonable
commuting distance from the member's residence;'.
(5) Section 1481(a)(2) of such title is amended--
(A) by striking `or' at the end of subparagraph (D);
(B) by striking the period at the end of subparagraph (E) and inserting
`; or'; and
(C) by adding at the end the following new subparagraph:
`(i) serving on funeral honors duty under section 12503 of this
title or section 115 of title 32;
`(ii) traveling directly to or from the place at which the member is
to so serve; or
`(iii) remaining overnight at or in the vicinity of that place
before so serving, if the place is outside reasonable commuting distance
from the member's residence.'.
(j) FUNERAL HONORS DUTY ALLOWANCE- Chapter 4 of title 37, United States
Code, is amended by adding at the end the following new section:
`Sec. 435. Funeral honors duty: allowance
`(a) ALLOWANCE AUTHORIZED- The Secretary concerned may authorize payment
of an allowance to a member of the Ready Reserve for any day on which the
member performs at least two hours of funeral honors duty pursuant to section
12503 of title 10 or section 115 of title 32.
`(b) AMOUNT- The daily rate of an allowance under this section is $50.
`(c) FULL COMPENSATION- Except for expenses reimbursed under subsection
(c) of section 12503 of title 10 or subsection (c) of section 115 of title 32,
the allowance paid under this section is the only monetary compensation
authorized to be paid a member for the performance of funeral honors duty
pursuant to such section, regardless of the grade in which the member is
serving, and shall constitute payment in full to the member.'.
(k) CLERICAL AMENDMENTS- (1) The heading for section 1491 of title 10,
United States Code, is amended to read as follows:
-`Sec. 1491. Funeral honors functions at funerals for veterans'.
(2)(A) The item relating to section 1491 in the table of sections at the
beginning of chapter 75 of title 10, United States Code, is amended to read as
follows:
`1491. Funeral honors functions at funerals for veterans.'.
(B) The table of sections at the beginning of chapter 1213 of such title
is amended by adding at the end the following new item:
`12503. Ready Reserve: funeral honors duty.'.
(C) The item relating to section 12552 in the table of sections at the
beginning of chapter 1215 of such title is amended to read as follows:
`12552. Funeral honors functions at funerals for veterans.'.
(3)(A) The heading for section 114 of title 32, United States Code, is
amended to read as follows:
`Sec. 114. Funeral honors functions at funerals for veterans'.
(B) The table of sections at the beginning of chapter 1 of such title is
amended by striking the item relating to section 114 and inserting the
following new items:
`114. Funeral honors functions at funerals for veterans.
`115. Funeral honors duty performed as a Federal function.'.
(4) The table of sections at the beginning of chapter 4 of title 37,
United States Code, is amended by adding at the end the following new item:
`435. Funeral honors duty: allowance.'.
SEC. 579. PURPOSE AND FUNDING LIMITATIONS FOR NATIONAL GUARD CHALLENGE
PROGRAM.
(a) PROGRAM AUTHORITY AND PURPOSE- Subsection (a) of section 509 of title
32, United States Code, is amended to read as follows:
`(a) PROGRAM AUTHORITY AND PURPOSE- The Secretary of Defense, acting
through the Chief of the National Guard Bureau, may use the National Guard to
conduct a civilian youth opportunities program, to be known as the `National
Guard Challenge Program', which shall consist of at least a 22-week
residential program and a 12-month post-residential mentoring period. The
National Guard Challenge Program shall seek to improve life skills and
employment potential of participants by providing military-based training and
supervised work experience, together with the core program components of
assisting participants to receive a high school diploma or its equivalent,
leadership development, promoting fellowship and community service, developing
life coping skills and job skills, and improving physical fitness and health
and hygiene.'.
(b) ANNUAL FUNDING LIMITATION- Subsection (b) of such section is amended
by striking `$50,000,000' and inserting `$62,500,000'.
SEC. 580. DEPARTMENT OF DEFENSE STARBASE PROGRAM.
(a) PROGRAM AUTHORITY- Chapter 111 of title 10, United States Code, is
amended by inserting after section 2193 the following new section:
`Sec. 2193b. Improvement of education in technical fields: program for
support of elementary and secondary education in science, mathematics, and
technology
`(a) AUTHORITY FOR PROGRAM- The Secretary of Defense may conduct a
science, mathematics, and technology education improvement program known as
the `Department of Defense STARBASE Program'. The Secretary shall carry out
the program in coordination with the Secretaries of the military
departments.
`(b) PURPOSE- The purpose of the program is to improve knowledge and
skills of students in kindergarten through twelfth grade in mathematics,
science, and technology.
`(c) STARBASE ACADEMIES- (1) The Secretary shall provide for the
establishment of at least 25 academies under the program.
`(2) The Secretary of Defense shall establish guidelines, criteria, and a
process for the establishment of STARBASE programs in addition to those in
operation on the date of the enactment of this section.
`(3) The Secretary may support the establishment and operation of any
academy in excess of two academies in a State only if the Secretary has first
authorized in writing the establishment of the academy and the costs of the
establishment and operation of the academy are paid out of funds provided by
sources other than the Department of Defense. Any such costs that are paid out
of appropriated funds shall be considered as paid out of funds provided by
such other sources if such sources fully reimburse the United States for the
costs.
`(d) PERSONS ELIGIBLE TO PARTICIPATE IN PROGRAM- The Secretary shall
prescribe standards and procedures for selection of persons for participation
in the program.
`(e) REGULATIONS- The Secretary of Defense shall prescribe regulations
governing the conduct of the program.
`(f) AUTHORITY TO ACCEPT FINANCIAL AND OTHER SUPPORT- The Secretary of
Defense and the Secretaries of the military departments may accept financial
and other support for the program from other departments and agencies of the
Federal Government, State governments, local governments, and not-for-profit
and other organizations in the private sector.
`(g) ANNUAL REPORT- Not later than 90 days after the end of each fiscal
year, the Secretary of Defense shall submit to Congress a report on the
program under this section. The report shall contain a discussion of the
design and conduct of the program and an evaluation of the effectiveness of
the program.
`(h) STATE DEFINED- In this section, the term `State' includes the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and
Guam.'.
(b) EXISTING STARBASE ACADEMIES- While continuing in operation, the
academies existing on the date of the enactment of this Act under the
Department of Defense STARBASE Program, as such program is in effect on such
date, shall be counted for the purpose of meeting the requirement under
section 2193b(c)(1) of title 10, United States Code (as added by subsection
(a)), relating to the minimum number of STARBASE academies.
(c) REORGANIZATION OF CHAPTER- Chapter 111 of title 10, United States
Code, as amended by subsection (a), is further amended--
(1) by inserting after section 2193 and before the section 2193b added
by subsection (a) the following:
`Sec. 2193a. Improvement of education in technical fields: general authority
for support of elementary and secondary education in science and mathematics';
(2) by transferring subsection (b) of section 2193 to section 2193a (as
added by paragraph (1)), inserting such subsection after the heading for
section 2193a, and striking out `(b)'; and
(3) by redesignating subsection (c) of section 2193 as subsection
(b).
(d) CLERICAL AMENDMENTS- (1) The heading for section 2192 of such title is
amended to read as follows:
-`Sec. 2192. Improvement of education in technical fields: general authority
regarding education in science, mathematics, and engineering'.
(2) The heading for section 2193 is amended to read as follows:
-`Sec. 2193. Improvement of education in technical fields: grants for higher
education in science and mathematics'.
(3) The table of sections at the beginning of such chapter is amended by
striking the items relating to sections 2192 and 2193 and inserting the
following:
`2192. Improvement of education in technical fields: general authority
regarding education in science, mathematics, and engineering.
`2193. Improvement of education in technical fields: grants for higher
education in science and mathematics.
`2193a. Improvement of education in technical fields: general authority for
support of elementary and secondary education in science and mathematics.
`2193b. Improvement of education in technical fields: program for support of
elementary and secondary education in science, mathematics, and technology.'.
SEC. 581. SURVEY OF MEMBERS LEAVING MILITARY SERVICE ON ATTITUDES TOWARD
MILITARY SERVICE.
(a) EXIT SURVEY- The Secretary of Defense shall develop and implement, as
part of outprocessing activities, a survey on attitudes toward military
service to be completed by all members of the Armed Forces who during the
period beginning on January 1, 2000, and ending on June 30, 2000, are
voluntarily discharged or separated from the Armed Forces or transfer from a
regular component to a reserve component.
(b) MATTERS TO BE COVERED- The survey shall, at a minimum, cover the
following subjects:
(1) Reasons for leaving military service.
(3) Attitude toward leadership.
(4) Attitude toward pay and benefits.
(5) Job satisfaction during service as a member of the Armed
Forces.
(6) Plans for activities after separation (such as enrollment in school,
use of Montgomery GI Bill benefits, and work).
(7) Affiliation with a reserve component, together with the reasons for
affiliating or not affiliating, as the case may be.
(8) Such other matters as the Secretary determines appropriate to the
survey concerning reasons why military personnel are leaving military
service.
(c) REPORT TO CONGRESS- Not later than October 1, 2000, the Secretary
shall submit to Congress a report containing the results of the survey under
subsection (a). The Secretary shall compile the information in the report so
as to assist in assessing reasons why military personnel are leaving military
service.
SEC. 582. SERVICE REVIEW AGENCIES COVERED BY PROFESSIONAL STAFFING
REQUIREMENT.
Section 1555(c)(2) of title 10, United States Code, is amended by
inserting `the Navy Council of Personnel Boards and' after `Department of the
Navy,'.
SEC. 583. PARTICIPATION OF MEMBERS IN MANAGEMENT OF ORGANIZATIONS ABROAD
THAT PROMOTE INTERNATIONAL UNDERSTANDING.
Section 1033(b)(3) of title 10, United States Code, is amended by
inserting after subparagraph (D) the following new subparagraph:
`(E) An entity that, operating in a foreign nation where United States
military personnel are serving at United States military activities,
promotes understanding and tolerance between such personnel (and their
families) and the citizens of that host foreign nation through programs that
foster social relations between those persons.'.
SEC. 584. SUPPORT FOR EXPANDED CHILD CARE SERVICES AND YOUTH PROGRAM
SERVICES FOR DEPENDENTS.
(a) AUTHORITY- (1) Subchapter II of chapter 88 of title 10, United States
Code, is amended--
(A) by redesignating section 1798 as section 1800; and
(B) by inserting after section 1797 the following new sections:
-`Sec. 1798. Child care services and youth program services for dependents:
financial assistance for providers
`(a) AUTHORITY- The Secretary of Defense may provide financial assistance
to an eligible civilian provider of child care services or youth program
services that furnishes such services for members of the armed forces and
employees of the United States if the Secretary determines that providing such
financial assistance--
`(1) is in the best interest of the Department of Defense;
`(2) enables supplementation or expansion of furnishing of child care
services or youth program services for military installations, while not
supplanting or replacing such services; and
`(3) ensures that the eligible provider is able to comply, and does
comply, with the regulations, policies, and standards of the Department of
Defense that are applicable to the furnishing of such services.
`(b) ELIGIBLE PROVIDERS- A provider of child care services or youth
program services is eligible for financial assistance under this section if
the provider--
`(1) is licensed to provide those services under applicable State and
local law;
`(2) has previously provided such services for members of the armed
forces or employees of the United States; and
`(A) is a family home day care provider; or
`(B) is a provider of family child care services that--
`(i) otherwise provides federally funded or sponsored child
development services;
`(ii) provides the services in a child development center owned and
operated by a private, not-for-profit organization;
`(iii) provides before-school or after-school child care program in
a public school facility;
`(iv) conducts an otherwise federally funded or federally sponsored
school age child care or youth services program;
`(v) conducts a school age child care or youth services program that
is owned and operated by a not-for-profit organization; or
`(vi) is a provider of another category of child care services or
youth services determined by the Secretary of Defense as appropriate for
meeting the needs of members of the armed forces or employees of the
Department of Defense.
`(c) FUNDING- To provide financial assistance under this subsection, the
Secretary of Defense may use any funds appropriated to the Department of
Defense for operation and maintenance.
`(d) BIENNIAL REPORT- (1) Every two years the Secretary of Defense shall
submit to Congress a report on the exercise of authority under this section.
The report shall include an evaluation of the effectiveness of that authority
for meeting the needs of members of the armed forces or employees of the
Department of Defense for child care services and youth program services. The
report may include any recommendations for legislation that the Secretary
considers appropriate to enhance the capability of the Department of Defense
to meet those needs.
`(2) A biennial report under this subsection may be combined with the
biennial report under section 1799(d) of this title into a single report for
submission to Congress.
-`Sec. 1799. Child care services and youth program services for dependents:
participation by children and youth otherwise ineligible
`(a) AUTHORITY- The Secretary of Defense may authorize participation in
child care or youth programs of the Department of Defense, to the extent of
the availability of space and services, by children and youth under the age of
19 who are not dependents of members of the armed forces or of employees of
the Department of Defense and are not otherwise eligible for participation in
those programs.
`(b) LIMITATION- Authorization of participation in a program under
subsection (a) shall be limited to situations in which that participation
promotes the attainment of the objectives set forth in subsection (c), as
determined by the Secretary.
`(c) OBJECTIVES- The objectives for authorizing participation in a program
under subsection (a) are as follows:
`(1) To support the integration of children and youth of military
families into civilian communities.
`(2) To make more efficient use of Department of Defense facilities and
resources.
`(3) To establish or support a partnership or consortium arrangement
with schools and other youth services organizations serving children of
members of the armed forces.
`(d) BIENNIAL REPORT- (1) Every two years the Secretary of Defense shall
submit to Congress a report on the exercise of authority under this section.
The report shall include an evaluation of the effectiveness of that authority
for achieving the objectives set out under subsection (c). The report may
include any recommendations for legislation that the Secretary considers
appropriate to enhance the capability of the Department of Defense to attain
those objectives.
`(2) A biennial report under this subsection may be combined with the
biennial report under section 1798(d) of this title into a single report for
submission to Congress.'.
(2) The table of sections at the beginning of such subchapter is amended
by striking the item relating to section 1798 and inserting the following new
items:
`1798. Child care services and youth program services for dependents:
financial assistance for providers.
`1799. Child care services and youth program services for dependents:
participation by children and youth otherwise ineligible.
`1800. Definitions.'.
(b) FIRST BIENNIAL REPORTS- The first biennial reports under sections
1798(d) and 1799(d) of title 10, United States Code (as added by subsection
(a)), shall be submitted not later than March 31, 2002, and shall cover fiscal
years 2000 and 2001.
SEC. 585. REPORT AND REGULATIONS ON DEPARTMENT OF DEFENSE POLICIES ON
PROTECTING THE CONFIDENTIALITY OF COMMUNICATIONS WITH PROFESSIONALS PROVIDING
THERAPEUTIC OR RELATED SERVICES REGARDING SEXUAL OR DOMESTIC ABUSE.
(a) STUDY AND REPORT- (1) The Comptroller General of the United States
shall study the policies, procedures, and practices of the military
departments for protecting the confidentiality of communications between--
(A) a dependent (as defined in section 1072(2) of title 10, United
States Code, with respect to a member of the Armed Forces) of a member of
the Armed Forces who--
(i) is a victim of sexual harassment, sexual assault, or intrafamily
abuse; or
(ii) has engaged in such misconduct; and
(B) a therapist, counselor, advocate, or other professional from whom
the dependent seeks professional services in connection with effects of such
misconduct.
(2) Not later than 180 days after the date of the enactment of this Act,
the Comptroller General shall conclude the study and submit a report on the
results of the study to Congress and the Secretary of Defense.
(b) REGULATIONS- The Secretary of Defense shall prescribe in regulations
the policies and procedures that the Secretary considers appropriate to
provide the maximum protections for the confidentiality of communications
described in subsection (a) relating to misconduct described in that
subsection, taking into consideration--
(1) the findings of the Comptroller General;
(2) the standards of confidentiality and ethical standards issued by
relevant professional organizations;
(3) applicable requirements of Federal and State law;
(4) the best interest of victims of sexual harassment, sexual assault,
or intrafamily abuse;
(5) military necessity; and
(6) such other factors as the Secretary, in consultation with the
Attorney General, may consider appropriate.
(c) REPORT BY SECRETARY OF DEFENSE- Not later than January 21, 2000, the
Secretary of Defense shall submit to Congress a report on the actions taken
under subsection (b) and any other actions taken by the Secretary to provide
the maximum possible protections for confidentiality described in that
subsection.
SEC. 586. MEMBERS UNDER BURDENSOME PERSONNEL TEMPO.
(a) MANAGEMENT OF DEPLOYMENTS OF INDIVIDUAL MEMBERS- Part II of subtitle A
of title 10, United States Code, is amended by inserting after chapter 49 the
following new chapter:
`CHAPTER 50--MISCELLANEOUS COMMAND RESPONSIBILITIES
`991. Management of deployments of members.
`Sec. 991. Management of deployments of members
`(a) GENERAL OR FLAG OFFICER RESPONSIBILITIES- (1) The deployment (or
potential deployment) of a member of the armed forces shall be managed, during
any period when the member is a high-deployment days member, by the officer in
the chain of command of that member who is the lowest-ranking general or flag
officer in that chain of command. That officer shall ensure that the member is
not deployed, or continued in a deployment, on any day on which the total
number of days on which the member has been deployed out of the preceding 365
days would exceed 220 unless an officer in the grade of general or admiral in
the member's chain of command approves the deployment, or continued
deployment, of the member.
`(2) In this section, the term `high-deployment days member' means a
member who has been deployed 182 days or more out of the preceding 365
days.
`(b) DEPLOYMENT DEFINED- (1) For the purposes of this section, a member of
the armed forces shall be considered to be deployed or in a deployment on any
day on which, pursuant to orders, the member is performing service in a
training exercise or operation at a location or under circumstances that make
it impossible or infeasible for the member to spend off-duty time in the
housing in which the member resides when on garrison duty at the member's
permanent duty station.
`(2) For the purposes of this section, a member is not deployed or in a
deployment when the member is--
`(A) performing service as a student or trainee at a school (including
any Government school); or
`(B) performing administrative, guard, or detail duties in garrison at
the member's permanent duty station.
`(3) The Secretary of Defense may prescribe a definition of deployment for
the purposes of this section other than the definition specified in paragraphs
(1) and (2). Any such definition may not take effect until 90 days after the
date on which the Secretary notifies the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of Representatives of
the revised standard definition of deployment.
`(c) RECORDKEEPING- The Secretary of each military department shall
establish a system for tracking and recording the number of days that each
member of the armed forces under the jurisdiction of the Secretary is
deployed.
`(d) NATIONAL SECURITY WAIVER AUTHORITY- The Secretary of the military
department concerned may suspend the applicability of this section to a member
or any group of members under the Secretary's jurisdiction when the Secretary
determines that such a waiver is necessary in the national security interests
of the United States.
`(e) INAPPLICABILITY TO COAST GUARD- This section does not apply to a
member of the Coast Guard when the Coast Guard is not operating as a service
in the Navy.'.
(b) PER DIEM ALLOWANCE FOR LENGTHY OR NUMEROUS DEPLOYMENTS- Chapter 7 of
title 37, United States Code, is amended by adding at the end the following
new section:
-`Sec. 435. Per diem allowance for lengthy or numerous deployments
`(a) PER DIEM REQUIRED- The Secretary of the military department concerned
shall pay a high-deployment per diem allowance to a member of the armed forces
under the Secretary's jurisdiction for each day on which the member (1) is
deployed, and (2) has, as of that day, been deployed 251 days or more out of
the preceding 365 days.
`(b) DEFINITION OF DEPLOYED- In this section, the term `deployed', with
respect to a member, means that the member is deployed or in a deployment
within the meaning of section 991(b) of title 10 (including any definition of
`deployment' prescribed under paragraph (3) of that section).
`(c) AMOUNT OF PER DIEM- The amount of the high-deployment per diem
payable to a member under this section is $100.
`(d) PAYMENT OF CLAIMS- A claim of a member for payment of the
high-deployment per diem allowance that is not fully substantiated by the
recordkeeping system applicable to the member under section 991(c) of title 10
shall be paid if the member furnishes the Secretary concerned with other
evidence determined by the Secretary as being sufficient to substantiate the
claim.
`(e) RELATIONSHIP TO OTHER ALLOWANCES- A high-deployment per diem payable
to a member under this section is in addition to any other pay or allowance
payable to the member under any other provision of law.
`(f) NATIONAL SECURITY WAIVER- No per diem may be paid under this section
to a member for any day on which the applicability of section 991 of title 10
to the member is suspended under subsection (d) of that section.'.
(c) CLERICAL AMENDMENTS- (1) The tables of chapters at the beginning of
subtitle A of title 10, United States Code, and the beginning of part II of
such subtitle are amended by inserting after the item relating to chapter 49
the following new item:
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.
(7) Data collection and case management and tracking.
(8) Curricula and training for military commanders.
(9) Prevention and responses to domestic violence at overseas military
installations.
(10) Other issues identified by the task force relating to domestic
violence within the military.
(c) REVIEW OF VICTIMS' SAFETY PROGRAM- The task force shall review the
efforts of the Secretary of Defense to establish a program for improving
responses to domestic violence under section 592 and shall include in its
report under subsection (e) a description of that program, including best
practices identified on installations, lessons learned, and resulting policy
recommendations.
(d) OTHER TASK FORCE REVIEWS- The task force shall review and make
recommendations regarding the following:
(1) Standard guidelines to be used by the Secretaries of the military
departments in negotiating agreements with civilian law enforcement
authorities relating to acts of domestic violence involving members of the
Armed Forces.
(2) A requirement (A) that when a commanding officer issues to a member
of the Armed Forces under that officer's command an order that the member
not have contact with a specified person that a written copy of that order
be provided within 24 hours after the issuance of the order to the person
with whom the member is ordered not to have contact, and (B) that there be a
system of recording and tracking such orders.
(3) Standard guidelines on the factors for commanders to consider when
seeking to substantiate allegations of domestic violence by a person subject
to the Uniform Code of Military Justice and when determining appropriate
action for such allegations that are so substantiated.
(4) A standard training program for all commanding officers in the Armed
Forces, including a standard curriculum, on the handling of domestic
violence cases.
(e) ANNUAL REPORT- (1) The task force shall submit to the Secretary an
annual report on its activities and on the activities of the military
departments to respond to domestic violence in the military.
(2) The first such report shall be submitted not later than the date
specified in subsection (b) and shall be submitted with the strategic plan
submitted under that subsection. The task force shall include in that report
the following:
(A) Analysis and oversight of the efforts of the military departments to
respond to domestic violence in the military and a description of barriers
to implementation of improvements in those efforts.
(B) A description of the activities and achievements of the task
force.
(C) A description of successful and unsuccessful programs.
(D) A description of pending, completed, and recommended Department of
Defense research relating to domestic violence.
(E) Such recommendations for policy and statutory changes as the task
force considers appropriate.
(3) Each subsequent annual report shall include the following:
(A) A detailed discussion of the achievements in responses to domestic
violence in the Armed Forces.
(B) Pending research on domestic violence.
(C) Any recommendations for actions to improve the responses of the
Armed Forces to domestic violence in the Armed Forces that the task force
considers appropriate.
(4) Within 90 days of receipt of a report under paragraph (2) or (3), the
Secretary shall submit the report and the Secretary's evaluation of the report
to the Committees on Armed Services of the Senate and House of
Representatives. The Secretary shall include with the report the information
collected pursuant to section 1562(b) of title 10, United States Code, as
added by section 594.
(f) MEMBERSHIP- (1) The task force shall consist of not more than 24
members, to be appointed by the Secretary of Defense. Members shall be
appointed from each of the Army, Navy, Air Force, and Marine Corps and shall
include an equal number of Department of Defense personnel (military or
civilian) and persons from outside the Department of Defense. Members
appointed from outside the Department of Defense may be appointed from other
Federal departments and agencies, from State and local agencies, or from the
private sector.
(2) The Secretary shall ensure that the membership of the task force
includes a judge advocate representative from each of the Army, Navy, Air
Force, and Marine Corps.
(3)(A) In consultation with the Attorney General, the Secretary shall
appoint to the task force a representative or representatives from the Office
of Justice Programs of the Department of Justice.
(B) In consultation with the Secretary of Health and Human Services, the
Secretary shall appoint to the task force a representative from the Family
Violence Prevention and Services office of the Department of Health and Human
Services.
(4) Each member of the task force appointed from outside the Department of
Defense shall be an individual who has demonstrated expertise in the area of
domestic violence or shall be appointed from one of the following:
(A) A national domestic violence resource center established under
section 308 of the Family Violence Prevention and Services Act (42 U.S.C.
10407).
(B) A national sexual assault and domestic violence policy and advocacy
organization.
(C) A State domestic violence and sexual assault coalition.
(D) A civilian law enforcement agency.
(E) A national judicial policy organization.
(F) A State judicial authority.
(G) A national crime victim policy organization.
(5) The members of the task force shall be appointed not later than 90
days after the date of the enactment of this Act.
(g) CO-CHAIRS OF THE TASK FORCE- There shall be two co-chairs of the task
force. One of the co-chairs shall be designated by the Secretary of Defense at
the time of appointment from among the Department of Defense personnel on the
task force. The other co-chair shall be selected from among the members
appointed from outside the Department of Defense by those members.
(h) ADMINISTRATIVE SUPPORT- (1) Each member of the task force shall serve
without compensation (other than the compensation to which entitled as a
member of the Armed Forces or an officer or employee of the United States, as
the case may be), but shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code, while away from the
member's home or regular places of business in the performance of services for
the task force.
(2) The Assistant Secretary of Defense for Force Management Policy, under
the direction of the Under Secretary of Defense for Personnel and Readiness,
shall provide oversight of the task force. The Washington Headquarters Service
shall provide the task force with the personnel, facilities, and other
administrative support that is necessary for the performance of the task
force's duties.
(3) The Assistant Secretary shall coordinate with the Secretaries of the
military departments to provide visits of the task force to military
installations.
(i) FEDERAL ADVISORY COMMITTEE ACT- The Federal Advisory Committee Act (5
U.S.C. App) shall not apply to the task force.
(j) TERMINATION- The task force shall terminate three years after the date
of the enactment of this Act.
SEC. 592. INCENTIVE PROGRAM FOR IMPROVING RESPONSES TO DOMESTIC VIOLENCE
INVOLVING MEMBERS OF THE ARMED FORCES AND MILITARY FAMILY MEMBERS.
(a) PURPOSE- The purpose of this section is to provide a program for the
establishment on military installations of collaborative projects involving
appropriate elements of the Armed Forces and the civilian community to
improve, strengthen, or coordinate prevention and response efforts to domestic
violence involving members of the Armed Forces, military family members, and
others.
(b) PROGRAM- The Secretary of Defense shall establish a program to provide
funds and other incentives to commanders of military installations for the
following purposes:
(1) To improve coordination between military and civilian law
enforcement authorities in policies, training, and responses to, and
tracking of, cases involving military domestic violence.
(2) To develop, implement, and coordinate with appropriate civilian
authorities tracking systems (A) for protective orders issued to or on
behalf of members of the Armed Forces by civilian courts, and (B) for orders
issued by military commanders to members of the Armed Forces ordering them
not to have contact with a dependent.
(3) To strengthen the capacity of attorneys and other legal advocates to
respond appropriately to victims of military domestic violence.
(4) To assist in educating judges, prosecutors, and legal offices in
improved handling of military domestic violence cases.
(5) To develop and implement more effective policies, protocols, orders,
and services specifically devoted to preventing, identifying, and responding
to domestic violence.
(6) To develop, enlarge, or strengthen victims' services programs,
including sexual assault and domestic violence programs, developing or
improving delivery of victims' services, and providing confidential access
to specialized victims' advocates.
(7) To develop and implement primary prevention programs.
(8) To improve the response of health care providers to incidents of
domestic violence, including the development and implementation of screening
protocols.
(c) PRIORITY- The Secretary shall give priority in providing funds and
other incentives under the program to installations at which the local program
will emphasize building or strengthening partnerships and collaboration among
military organizations such as family advocacy program, military police or
provost marshal organizations, judge advocate organizations, legal offices,
health affairs offices, and other installation-level military commands between
those organizations and appropriate civilian organizations, including civilian
law enforcement, domestic violence advocacy organizations, and domestic
violence shelters.
(d) APPLICATIONS- The Secretary shall establish guidelines for
applications for an award of funds under the program to carry out the program
at an installation.
(e) AWARDS- The Secretary shall determine the award of funds and
incentives under this section. In making a determination of the installations
to which funds or other incentives are to be provided under the program, the
Secretary shall consult with an award review committee consisting of
representatives from the Armed Forces, the Department of Justice, the
Department of Health and Human Services, and organizations with a demonstrated
expertise in the areas of domestic violence and victims' safety.
SEC. 593. UNIFORM DEPARTMENT OF DEFENSE POLICIES FOR RESPONSES TO
DOMESTIC VIOLENCE.
(a) REQUIREMENT- The Secretary of Defense shall prescribe the
following:
(1) Standard guidelines to be used by the Secretaries of the military
departments for negotiating agreements with civilian law enforcement
authorities relating to acts of domestic violence involving members of the
Armed Forces.
(2) A requirement (A) that when a commanding officer issues to a member
of the Armed Forces under that officer's command an order that the member
not have contact with a specified person that a written copy of that order
be provided within 24 hours after the issuance of the order to the person
with whom the member is ordered not to have contact, and (B) that there be a
system of recording and tracking such orders.
(3) Standard guidelines on the factors for commanders to consider when
seeking to substantiate allegations of domestic violence by a person subject
to the Uniform Code of Military Justice and when determining appropriate
action for such allegations that are so substantiated.
(4) A standard training program for all commanding officers in the Armed
Forces, including a standard curriculum, on the handling of domestic
violence cases.
(b) DEADLINE- The Secretary of Defense shall carry out subsection (a) not
later than six months after the date on which the Secretary receives the first
report of the Defense Task Force on Domestic Violence under section 591(e).
SEC. 594. CENTRAL DEPARTMENT OF DEFENSE DATABASE ON DOMESTIC VIOLENCE
INCIDENTS.
(a) IN GENERAL- Chapter 80 of title 10, United States Code, is amended by
adding at the end the following new section:
`Sec. 1562. Database on domestic violence incidents
`(a) DATABASE ON DOMESTIC VIOLENCE INCIDENT- The Secretary of Defense
shall establish a central database of information on the incidents of domestic
violence involving members of the armed forces.
`(b) REPORTING OF INFORMATION FOR THE DATABASE- The Secretary shall
require that the Secretaries of the military departments maintain and report
annually to the administrator of the database established under subsection (a)
any information received on the following matters:
`(1) Each domestic violence incident reported to a commander, a law
enforcement authority of the armed forces, or a family advocacy program of
the Department of Defense.
`(2) The number of those incidents that involve evidence determined
sufficient for supporting disciplinary action and, for each such incident, a
description of the substantiated allegation and the action taken by command
authorities in the incident.
`(3) The number of those incidents that involve evidence determined
insufficient for supporting disciplinary action and for each such case, a
description of the allegation.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by adding at the end the following new item:
`1562. Database on domestic violence incidents.'.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2000 increase in military basic pay and reform of
basic pay rates.
Sec. 602. Pay increases for fiscal years 2001 through 2006.
Sec. 603. Additional amount available for fiscal year 2000 increase in
basic allowance for housing inside the United States.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonuses and special pay authorities for
reserve forces.
Sec. 612. Extension of certain bonuses and special pay authorities for
nurse officer candidates, registered nurses, and nurse anesthetists.
Sec. 613. Extension of authorities relating to payment of other bonuses
and special pays.
Sec. 614. Amount of aviation career incentive pay for air battle
managers.
Sec. 615. Expansion of authority to provide special pay to aviation
career officers extending period of active duty.
Sec. 616. Additional special pay for board certified veterinarians in
the Armed Forces and Public Health Service.
Sec. 617. Diving duty special pay.
Sec. 618. Reenlistment bonus.
Sec. 619. Enlistment bonus.
Sec. 620. Selected Reserve enlistment bonus.
Sec. 621. Special pay for members of the Coast Guard Reserve assigned to
high priority units of the Selected Reserve.
Sec. 622. Reduced minimum period of enlistment in Army in critical skill
for eligibility for enlistment bonus.
Sec. 623. Eligibility for reserve component prior service enlistment
bonus upon attaining a critical skill.
Sec. 624. Increase in special pay and bonuses for nuclear-qualified
officers.
Sec. 625. Increase in maximum monthly rate authorized for foreign
language proficiency pay.
Sec. 626. Authorization of retention bonus for special warfare officers
extending periods of active duty.
Sec. 627. Authorization of surface warfare officer continuation
pay.
Sec. 628. Authorization of career enlisted flyer incentive pay.
Sec. 629. Authorization of judge advocate continuation pay.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Provision of lodging in kind for Reservists performing
training duty and not otherwise entitled to travel and transportation
allowances.
Sec. 632. Payment of temporary lodging expenses for members making their
first permanent change of station.
Sec. 633. Destination airport for emergency leave travel to continental
United States.
Subtitle D--Retired Pay Reform
Sec. 641. Redux retired pay system applicable only to members electing
new 15-year career status bonus.
Sec. 642. Authorization of 15-year career status bonus.
Sec. 643. Conforming amendments.
Sec. 644. Effective date.
Subtitle E--Other Matters Relating to Military Retirees and
Survivors
Sec. 651. Repeal of reduction in retired pay for military retirees
employed in civilian positions.
Sec. 652. Presentation of United States flag to retiring members of the
uniformed services not previously covered.
Sec. 653. Disability retirement or separation for certain members with
pre-existing conditions.
Sec. 654. Credit toward paid-up SBP coverage for months covered by
make-up premium paid by persons electing SBP coverage during special open
enrollment period.
Sec. 655. Paid-up coverage under Retired Serviceman's Family Protection
Plan.
Sec. 656. Extension of authority for payment of annuities to certain
military surviving spouses.
Sec. 657. Effectuation of intended SBP annuity for former spouse when
not elected by reason of untimely death of retiree.
Sec. 658. Special compensation for severely disabled uniformed services
retirees.
Subtitle F--Eligibility To Participate in the Thrift Savings
Plan
Sec. 661. Participation in Thrift Savings Plan.
Sec. 662. Special retention initiative.
Sec. 663. Effective date.
Subtitle G--Other Matters
Sec. 671. Payment for unused leave in conjunction with a
reenlistment.
Sec. 672. Clarification of per diem eligibility for military technicians
(dual status) serving on active duty without pay outside the United
States.
Sec. 673. Annual report on effects of initiatives on recruitment and
retention.
Sec. 674. Overseas special supplemental food program.
Sec. 675. Tuition assistance for members deployed in a contingency
operation.
Sec. 676. Administration of Selected Reserve education loan repayment
program for Coast Guard Reserve.
Sec. 677. Sense of Congress regarding treatment under Internal Revenue
Code of members receiving hostile fire or imminent danger special pay during
contingency operations.
Subtitle A--Pay and Allowances
SEC. 601. FISCAL YEAR 2000 INCREASE IN MILITARY BASIC PAY AND REFORM OF
BASIC PAY RATES.
(a) WAIVER OF SECTION 1009 ADJUSTMENT- The adjustment to become effective
during fiscal year 2000 required by section 1009 of title 37, United States
Code, in the rates of monthly basic pay authorized members of the uniformed
services shall not be made.
(b) JANUARY 1, 2000, INCREASE IN BASIC PAY- Effective on January 1, 2000,
the rates of monthly basic pay for members of the uniformed services are
increased by 4.8 percent.
(c) REFORM OF BASIC PAY RATES- Effective on July 1, 2000, the rates of
monthly basic pay for members of the uniformed services within each pay grade
are as follows:
COMMISSIONED OFFICERS 1
Years of service computed under section 205 of title 37, United States Code
----------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
----------------------------------------------------------------
O-10 2 $0.00 $0.00 $0.00 $0.00 $0.00
O-9 0.00 0.00 0.00 0.00 0.00
O-8 6,594.30 6,810.30 6,953.10 6,993.30 7,171.80
O-7 5,479.50 5,851.80 5,851.80 5,894.40 6,114.60
O-6 4,061.10 4,461.60 4,754.40 4,754.40 4,772.40
O-5 3,248.40 3,813.90 4,077.90 4,127.70 4,291.80
O-4 2,737.80 3,333.90 3,556.20 3,606.00 3,812.40
O-3 3 2,544.00 2,884.20 3,112.80 3,364.80 3,525.90
O-2 3 2,218.80 2,527.20 2,910.90 3,009.00 3,071.10
O-1 3 1,926.30 2,004.90 2,423.10 2,423.10 2,423.10
Over 8 Over 10 Over 12 Over 14 Over 16
O-10 2 $0.00 $0.00 $0.00 $0.00 $0.00
O-9 0.00 0.00 0.00 0.00 0.00
O-8 7,471.50 7,540.80 7,824.60 7,906.20 8,150.10
O-7 6,282.00 6,475.80 6,669.00 6,863.10 7,471.50
O-6 4,976.70 5,004.00 5,004.00 5,169.30 5,791.20
O-5 4,291.80 4,420.80 4,659.30 4,971.90 5,286.00
O-4 3,980.40 4,252.50 4,464.00 4,611.00 4,758.90
O-3 3 3,702.60 3,850.20 4,040.40 4,139.10 4,139.10
O-2 3 3,071.10 3,071.10 3,071.10 3,071.10 3,071.10
O-1 3 2,423.10 2,423.10 2,423.10 2,423.10 2,423.10
Over 18 Over 20 Over 22 Over 24 Over 26
O-10 2 $0.00 $10,655.10 $10,707.60 $10,930.20 $11,318.40
O-9 0.00 9,319.50 9,453.60 9,647.70 9,986.40
O-8 8,503.80 8,830.20 9,048.00 9,048.00 9,048.00
O-7 7,985.40 7,985.40 7,985.40 7,985.40 8,025.60
O-6 6,086.10 6,381.30 6,549.00 6,719.10 7,049.10
O-5 5,436.00 5,583.60 5,751.90 5,751.90 5,751.90
O-4 4,808.70 4,808.70 4,808.70 4,808.70 4,808.70
O-3 3 4,139.10 4,139.10 4,139.10 4,139.10 4,139.10
O-2 3 3,071.10 3,071.10 3,071.10 3,071.10 3,071.10
O-1 3 2,423.10 2,423.10 2,423.10 2,423.10 2,423.10
----------------------------------------------------------------
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER
Years of service computed under section 205 of title 37, United States Code
------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------
O-3E $0.00 $0.00 $0.00 $3,364.80 $3,525.90
O-2E 0.00 0.00 0.00 3,009.00 3,071.10
O-1E 0.00 0.00 0.00 2,423.10 2,588.40
Over 8 Over 10 Over 12 Over 14 Over 16
O-3E $3,702.60 $3,850.20 $4,040.40 $4,200.30 $4,291.80
O-2E 3,168.60 3,333.90 3,461.40 3,556.20 3,556.20
O-1E 2,683.80 2,781.30 2,877.60 3,009.00 3,009.00
Over 18 Over 20 Over 22 Over 24 Over 26
O-3E $4,416.90 $4,416.90 $4,416.90 $4,416.90 $4,416.90
O-2E 3,556.20 3,556.20 3,556.20 3,556.20 3,556.20
O-1E 3,009.00 3,009.00 3,009.00 3,009.00 3,009.00
------------------------------------------------------------
WARRANT OFFICERS
Years of service computed under section 205 of title 37, United States Code
------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------
W-5 $0.00 $0.00 $0.00 $0.00 $0.00
W-4 2,592.00 2,788.50 2,868.60 2,947.50 3,083.40
W-3 2,355.90 2,555.40 2,555.40 2,588.40 2,694.30
W-2 2,063.40 2,232.60 2,232.60 2,305.80 2,423.10
W-1 1,719.00 1,971.00 1,971.00 2,135.70 2,232.60
Over 8 Over 10 Over 12 Over 14 Over 16
W-5 $0.00 $0.00 $0.00 $0.00 $0.00
W-4 3,217.20 3,352.80 3,485.10 3,622.20 3,753.60
W-3 2,814.90 2,974.20 3,071.10 3,177.00 3,298.20
W-2 2,555.40 2,652.60 2,749.80 2,844.30 2,949.00
W-1 2,332.80 2,433.30 2,533.20 2,634.00 2,734.80
Over 18 Over 20 Over 22 Over 24 Over 26
W-5 $0.00 $4,475.10 $4,628.70 $4,782.90 $4,937.40
W-4 3,888.00 4,019.40 4,155.60 4,289.70 4,427.10
W-3 3,418.50 3,539.10 3,659.40 3,780.00 3,900.90
W-2 3,056.40 3,163.80 3,270.90 3,378.30 3,378.30
W-1 2,835.00 2,910.90 2,910.90 2,910.90 2,910.90
------------------------------------------------------------
ENLISTED MEMBERS 1
Years of service computed under section 205 of title 37, United States Code
---------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
---------------------------------------------------------------
E-9 2 $0.00 $0.00 $0.00 $0.00 $0.00
E-8 0.00 0.00 0.00 0.00 0.00
E-7 1,765.80 1,927.80 2,001.00 2,073.00 2,147.70
E-6 1,518.90 1,678.20 1,752.60 1,824.30 1,899.30
E-5 1,332.60 1,494.00 1,566.00 1,640.40 1,714.50
E-4 1,242.90 1,373.10 1,447.20 1,520.10 1,593.90
E-3 1,171.50 1,260.60 1,334.10 1,335.90 1,335.90
E-2 1,127.40 1,127.40 1,127.40 1,127.40 1,127.40
E-1 3 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60
Over 8 Over 10 Over 12 Over 14 Over 16
E-9 2 $0.00 $3,015.30 $3,083.40 $3,169.80 $3,271.50
E-8 2,528.40 2,601.60 2,669.70 2,751.60 2,840.10
E-7 2,220.90 2,294.10 2,367.30 2,439.30 2,514.00
E-6 1,973.10 2,047.20 2,118.60 2,191.50 2,244.60
E-5 1,789.50 1,861.50 1,936.20 1,936.20 1,936.20
E-4 1,593.90 1,593.90 1,593.90 1,593.90 1,593.90
E-3 1,335.90 1,335.90 1,335.90 1,335.90 1,335.90
E-2 1,127.40 1,127.40 1,127.40 1,127.40 1,127.40
E-1 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60
Over 18 Over 20 Over 22 Over 24 Over 26
E-9 2 $3,373.20 $3,473.40 $3,609.30 $3,744.00 $3,915.90
E-8 2,932.50 3,026.10 3,161.10 3,295.50 3,483.60
E-7 2,588.10 2,660.40 2,787.60 2,926.20 3,134.40
E-6 2,283.30 2,283.30 2,285.70 2,285.70 2,285.70
E-5 1,936.20 1,936.20 1,936.20 1,936.20 1,936.20
E-4 1,593.90 1,593.90 1,593.90 1,593.90 1,593.90
E-3 1,335.90 1,335.90 1,335.90 1,335.90 1,335.90
E-2 1,127.40 1,127.40 1,127.40 1,123.20 1,127.40
E-1 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60
---------------------------------------------------------------
(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--
`(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 AUTHOR-ITY- ' after `(d)'.
(d) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect
on October 1, 1999, and shall apply with respect to enlistments and extensions
of enlistments taking effect on or after that date.
SEC. 620. SELECTED RESERVE ENLISTMENT BONUS.
(a) ELIMINATION OF REQUIREMENT FOR MINIMUM PERIOD OF ENLISTMENT-
Subsection (a) of section 308c of title 37, United States Code, is amended by
striking `for a term of enlistment of not less than six years'.
(b) INCREASED MAXIMUM AMOUNT- Subsection (b) of such section is amended by
striking `$5,000' and inserting `$8,000'.
(c) EFFECTIVE DATE- The amendments made by subsections (a) and (b) shall
take effect on October 1, 1999, and shall apply with respect to enlistments
entered into on or after that date.
SEC. 621. SPECIAL PAY FOR MEMBERS OF THE COAST GUARD RESERVE ASSIGNED TO
HIGH PRIORITY UNITS OF THE SELECTED RESERVE.
Section 308d(a) of title 37, United States Code, is amended by inserting
`or the Secretary of Transportation with respect to the Coast Guard when it is
not operating as a service in the Navy, ' after `Secretary of Defense,'.
SEC. 622. REDUCED MINIMUM PERIOD OF ENLISTMENT IN ARMY IN CRITICAL SKILL
FOR ELIGIBILITY FOR ENLISTMENT BONUS.
(a) REDUCED REQUIREMENT- Paragraph (3) of section 308f(a) of title 37,
United States Code, is amended by striking `3 years' and inserting `2
years'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect
on October 1, 1999, and shall apply with respect to enlistments entered into
on or after that date.
SEC. 623. ELIGIBILITY FOR RESERVE COMPONENT PRIOR SERVICE ENLISTMENT
BONUS UPON ATTAINING A CRITICAL SKILL.
(a) REVISED ELIGIBILITY REQUIREMENTS FOR BONUS- Section 308i(a) of title
37, United States Code, is amended by striking paragraph (2) and inserting the
following new paragraph:
`(2) A bonus may only be paid under this section to a person who meets
each of the following requirements:
`(A) The person has completed a military service obligation, but has
less than 14 years of total military service, and received an honorable
discharge at the conclusion of that military service obligation.
`(B) The person was not released, or is not being released, from active
service for the purpose of enlistment in a reserve component.
`(C) The person is projected to occupy, or is occupying, a position as a
member of the Selected Reserve in a specialty in which the person--
`(i) successfully served while a member on active duty and attained a
level of qualification while on active duty commensurate with the grade
and years of service of the member; or
`(ii) has completed training or retraining in the specialty skill that
is designated as critically short and attained a level of qualification in
the specialty skill that is commensurate with the grade and years of
service of the member.
`(D) The person has not previously been paid a bonus (except under this
section) for enlistment, reenlistment, or extension of enlistment in a
reserve component.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect
on October 1, 1999, and shall apply to enlistments beginning on or after that
date.
SEC. 624. INCREASE IN SPECIAL PAY AND BONUSES FOR NUCLEAR-QUALIFIED
OFFICERS.
(a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING PERIOD OF ACTIVE
SERVICE- Section 312(a) of title 37, United States Code, is amended by
striking `$15,000' and inserting `$25,000'.
(b) NUCLEAR CAREER ACCESSION BONUS- Section 312b(a)(1) of such title is
amended by striking `$10,000' and inserting `$20,000'.
(c) NUCLEAR CAREER ANNUAL INCENTIVE BONUSES- Section 312c of such title is
amended--
(1) in subsection (a)(1), by striking `$12,000' and inserting `$22,000';
and
(2) in subsection (b)(1), by striking `$5,500' and inserting
`$10,000'.
(d) EFFECTIVE DATE- (1) The amendments made by subsections (a) and (b)
shall take effect on October 1, 1999, and shall apply to agreements under
section 312 or 312b of such title entered into on or after that date.
(2) The amendments made by subsection (c) shall take effect on October 1,
1999, and shall apply with respect to nuclear service years beginning on or
after that date.
SEC. 625. INCREASE IN MAXIMUM MONTHLY RATE AUTHORIZED FOR FOREIGN
LANGUAGE PROFICIENCY PAY.
(a) INCREASE- Section 316(b) of title 37, United States Code, is amended
by striking `$100' and inserting `$300'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect
on October 1, 1999, and shall apply with respect to foreign language
proficiency pay paid under section 316 of such title for months beginning on
or after that date.
SEC. 626. AUTHORIZATION OF RETENTION BONUS FOR SPECIAL WARFARE OFFICERS
EXTENDING PERIODS OF ACTIVE DUTY.
(a) BONUS AUTHORIZED- (1) Chapter 5 of title 37, United States Code, is
amended by adding at the end the following new section:
-`Sec. 318. Special pay: special warfare officers extending period of active
duty
`(a) SPECIAL WARFARE OFFICER DEFINED- In this section, the term `special
warfare officer' means an officer of a uniformed service who--
`(1) is qualified for a military occupational specialty or designator
identified by the Secretary concerned as a special warfare military
occupational specialty or designator; and
`(2) is serving in a position for which that specialty or designator is
authorized.
`(b) RETENTION BONUS AUTHORIZED- A special warfare officer who meets the
eligibility requirements specified in subsection (c) and who executes a
written agreement to remain on active duty in special warfare service for at
least one year may, upon the acceptance of the agreement by the Secretary
concerned, be paid a retention bonus as provided in this section.
`(c) ELIGIBILITY REQUIREMENTS- A special warfare officer may apply to
enter into an agreement referred to in subsection (b) if the officer--
`(1) is in pay grade O-3, or is in pay grade O-4 and is not on a list of
officers recommended for promotion, at the time the officer applies to enter
into the agreement;
`(2) has completed at least 6, but not more than 14, years of active
commissioned service; and
`(3) has completed any service commitment incurred to be commissioned as
an officer.
`(d) AMOUNT OF BONUS- The amount of a retention bonus paid under this
section may not be more than $15,000 for each year covered by the
agreement.
`(e) PRORATION- The term of an agreement under subsection (b) and the
amount of the retention bonus payable under subsection (d) may be prorated as
long as the agreement does not extend beyond the date on which the officer
executing the agreement would complete 14 years of active commissioned
service.
`(f) PAYMENT METHODS- (1) Upon acceptance of an agreement under subsection
(b) by the Secretary concerned, the total amount payable pursuant to the
agreement becomes fixed.
`(2) The amount of the retention bonus may be paid as follows:
`(A) At the time the agreement is accepted by the Secretary concerned,
the Secretary may make a lump sum payment equal to half the total amount
payable under the agreement. The balance of the bonus amount shall be paid
in equal annual installments on the anniversary of the acceptance of the
agreement.
`(B) The Secretary concerned may make graduated annual payments under
regulations prescribed by the Secretary, with the first payment being
payable at the time the agreement is accepted by the Secretary and
subsequent payments being payable on the anniversary of the acceptance of
the agreement.
`(g) ADDITIONAL PAY- A retention bonus paid under this section is in
addition to any other pay and allowances to which an officer is entitled.
`(h) REPAYMENT- (1) If an officer who has entered into an agreement under
subsection (b) and has received all or part of a retention bonus under this
section fails to complete the total period of active duty in special warfare
service as specified in the agreement, the Secretary concerned may require the
officer to repay the United States, on a pro rata basis and to the extent that
the Secretary determines conditions and circumstances warrant, all sums paid
the officer under this section.
`(2) An obligation to repay the United States imposed under paragraph (1)
is for all purposes a debt owed to the United States.
`(3) A discharge in bankruptcy under title 11 that is entered less than
five years after the termination of an agreement entered into under subsection
(a) does not discharge the officer signing the agreement from a debt arising
under such agreement or under paragraph (1).
`(i) REGULATIONS- The Secretaries concerned shall prescribe regulations to
carry out this section, including the definition of the term `special warfare
service' for purposes of this section. Regulations prescribed by the Secretary
of a military department under this section shall be subject to the approval
of the Secretary of Defense.'.
(2) The table of sections at the beginning of chapter 5 of title 37,
United States Code, is amended by adding at the end the following new item:
`318. Special pay: special warfare officers extending period of active
duty.'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall take
effect on October 1, 1999.
SEC. 627. AUTHORIZATION OF SURFACE WARFARE OFFICER CONTINUATION
PAY.
(a) INCENTIVE PAY AUTHORIZED- (1) Chapter 5 of title 37, United States
Code, is amended by inserting after section 318, as added by section 626, the
following new section:
-`Sec. 319. Special pay: surface warfare officer continuation pay
`(a) ELIGIBLE SURFACE WARFARE OFFICER DEFINED- In this section, the term
`eligible surface warfare officer' means an officer of the Regular Navy or
Naval Reserve on active duty who--
`(1) is qualified and serving as a surface warfare officer;
`(2) has been selected for assignment as a department head on a surface
vessel; and
`(3) has completed any service commitment incurred through the officer's
original commissioning program.
`(b) SPECIAL PAY AUTHORIZED- An eligible surface warfare officer who
executes a written agreement to remain on active duty to complete one or more
tours of duty to which the officer may be ordered as a department head on a
surface vessel may, upon the acceptance of the agreement by the Secretary of
the Navy, be paid an amount not to exceed $50,000.
`(c) PRORATION- The term of the written agreement under subsection (b) and
the amount payable under the agreement may be prorated.
`(d) PAYMENT METHODS- Upon acceptance of the written agreement under
subsection (b) by the Secretary of the Navy, the total amount payable pursuant
to the agreement becomes fixed. The Secretary shall prepare an implementation
plan specifying the amount of each installment payment under the agreement and
the times for payment of the installments.
`(e) ADDITIONAL PAY- Any amount paid under this section is in addition to
any other pay and allowances to which an officer is entitled.
`(f) REPAYMENT- (1) If an officer who has entered into a written agreement
under subsection (b) and has received all or part of the amount payable under
the agreement fails to complete the total period of active duty as a
department head on a surface vessel specified in the agreement, the Secretary
of the Navy may require the officer to repay the United States, to the extent
that the Secretary of the Navy determines conditions and circumstances
warrant, any or all sums paid under this section.
`(2) An obligation to repay the United States imposed under paragraph (1)
is for all purposes a debt owed to the United States.
`(3) A discharge in bankruptcy under title 11 that is entered less than
five years after the termination of an agreement entered into under subsection
(b) does not discharge the officer signing the agreement from a debt arising
under such agreement or under paragraph (1).
`(g) REGULATIONS- The Secretary of the Navy shall prescribe regulations to
carry out this section.'.
(2) The table of sections at the beginning of chapter 5 of title 37,
United States Code, is amended by inserting after the item relating to section
318 the following new item:
`319. Special pay: surface warfare officer continuation pay.'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall take
effect on October 1, 1999.
SEC. 628. AUTHORIZATION OF CAREER ENLISTED FLYER INCENTIVE
PAY.
(a) INCENTIVE PAY AUTHORIZED- (1) Chapter 5 of title 37, United States
Code, is amended by inserting after section 319, as added by section 627, the
following new section:
`Sec. 320. Incentive pay: career enlisted flyers
`(a) ELIGIBLE CAREER ENLISTED FLYER DEFINED- In this section, the term
`eligible career enlisted flyer' means an enlisted member of the armed forces
who--
`(1) is entitled to basic pay under section 204 of this title, or is
entitled to pay under section 206 of this title as described in subsection
(e) of this section;
`(2) holds an enlisted military occupational specialty or enlisted
military rating designated as a career enlisted flyer specialty or rating by
the Secretary concerned, performs duty as a dropsonde system operator, or is
in training leading to qualification and designation of such a specialty or
rating or the performance of such duty;
`(3) is qualified for aviation service under regulations prescribed by
the Secretary concerned; and
`(4) satisfies the operational flying duty requirements applicable under
subsection (c).
`(b) INCENTIVE PAY AUTHORIZED- (1) The Secretary concerned may pay monthly
incentive pay to an eligible career enlisted flyer in an amount not to exceed
the monthly maximum amounts specified in subsection (d). The incentive pay may
be paid as continuous monthly incentive pay or on a month-to-month basis,
dependent upon the operational flying duty performed by the eligible career
enlisted flyer as prescribed in subsection (c).
`(2) Continuous monthly incentive pay may not be paid to an eligible
career enlisted flyer after the member completes 25 years of aviation service.
Thereafter, an eligible career enlisted flyer may still receive incentive pay
on a month-to-month basis under subsection (c)(4) for the frequent and regular
performance of operational flying duty.
`(c) OPERATIONAL FLYING DUTY REQUIREMENTS- (1) An eligible career enlisted
flyer must perform operational flying duties for 6 of the first 10, 9 of the
first 15, and 14 of the first 20 years of aviation service, to be eligible for
continuous monthly incentive pay under this section.
`(2) Upon completion of 10, 15, or 20 years of aviation service, an
enlisted member who has not performed the minimum required operational flying
duties specified in paragraph (1) during the prescribed period, although
otherwise meeting the definition in subsection (a), may no longer be paid
continuous monthly incentive pay except as provided in paragraph (3). Payment
of continuous monthly incentive pay may be resumed if the member meets the
minimum operational flying duty requirement upon completion of the next
established period of aviation service.
`(3) For the needs of the service, the Secretary concerned may permit, on
a case-by-case basis, a member to continue to receive continuous monthly
incentive pay despite the member's failure to perform the operational flying
duty required during the first 10, 15, or 20 years of aviation service, but
only if the member otherwise meets the definition in subsection (a) and has
performed at least 5 years of operational flying duties during the first 10
years of aviation service, 8 years of operational flying duties during the
first 15 years of aviation service, or 12 years of operational flying duty
during the first 20 years of aviation service. The authority of the Secretary
concerned under this paragraph may not be delegated below the level of the
Service Personnel Chief.
`(4) If the eligibility of an eligible career enlisted flyer to continuous
monthly incentive pay ceases under subsection (b)(2) or paragraph (2), the
member may still receive month-to-month incentive pay for subsequent frequent
and regular performance of operational flying duty. The rate payable is the
same rate authorized by the Secretary concerned under subsection (d) for a
member of corresponding years of aviation service.
`(d) MONTHLY MAXIMUM RATES- The monthly rate of any career enlisted flyer
incentive pay paid under this section to a member on active duty shall be
prescribed by the Secretary concerned, but may not exceed the following:
`Years of aviation service
Monthly rate
4 or less
$150
Over 4
$225
Over 8
$350
Over 14
$400.
`(e) ELIGIBILITY OF RESERVE COMPONENT MEMBERS WHEN PERFORMING INACTIVE
DUTY TRAINING- Under regulations prescribed by the Secretary concerned, when a
member of a reserve component or the National Guard, who is entitled to
compensation under section 206 of this title, meets the definition of eligible
career enlisted flyer, the Secretary concerned may increase the member's
compensation by an amount equal to 1/30 of the monthly incentive pay
authorized by the Secretary concerned under subsection (d) for a member of
corresponding years of aviation service who is entitled to basic pay under
section 204 of this title. The reserve component member may receive the
increase for as long as the member is qualified for it, for each regular
period of instruction or period of appropriate duty, at which the member is
engaged for at least two hours, or for the performance of such other
equivalent training, instruction, duty or appropriate duties, as the Secretary
may prescribe under section 206(a) of this title.
`(f) RELATION TO HAZARDOUS DUTY INCENTIVE PAY OR DIVING DUTY SPECIAL PAY-
A member receiving incentive pay under section 301(a) of this title or special
pay under section 304 of this title may not be paid special pay under this
section for the same period of service.
`(g) SAVE PAY PROVISION- If, immediately before a member receives
incentive pay under this section, the member was entitled to incentive pay
under section 301(a) of this title, the rate at which the member is paid
incentive pay under this section shall be equal to the higher of the monthly
amount applicable under subsection (d) or the rate of incentive pay the member
was receiving under subsection (b) or (c)(2)(A) of section 301 of this
title.
`(h) SPECIALTY CODE OF DROPSONDE SYSTEM OPERATORS- Within the Air Force,
the Secretary of the Air Force shall assign to members who are dropsonde
system operators a specialty code that identifies such members as serving in a
weather specialty.
`(i) DEFINITIONS- In this section:
`(1) The term `aviation service' means participation in aerial flight
performed, under regulations prescribed by the Secretary concerned, by an
eligible career enlisted flyer.
`(2) The term `operational flying duty' means flying performed under
competent orders while serving in assignments, including an assignment as a
dropsonde system operator, in which basic flying skills normally are
maintained in the performance of assigned duties as determined by the
Secretary concerned, and flying duty performed by members in training that
leads to the award of an enlisted aviation rating or military occupational
specialty designated as a career enlisted flyer rating or specialty by the
Secretary concerned.'.
(2) The table of sections at the beginning of chapter 5 of title 37,
United States Code, is amended by inserting after the item relating to section
319 the following new item:
`320. Incentive pay: career enlisted flyers.'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall take
effect on October 1, 1999.
SEC. 629. AUTHORIZATION OF JUDGE ADVOCATE CONTINUATION PAY.
(a) INCENTIVE PAY AUTHORIZED- (1) Chapter 5 of title 37, United States
Code, is amended by inserting after section 320, as added by section 628, the
following new section:
`Sec. 321. Special pay: judge advocate continuation pay
`(a) ELIGIBLE JUDGE ADVOCATE DEFINED- In this section, the term `eligible
judge advocate' means an officer of the armed forces on full-time active duty
who--
`(1) is qualified and serving as a judge advocate, as defined in section
801 of title 10; and
`(A) the active duty service obligation incurred through the officer's
original commissioning program; or
`(B) in the case of an officer detailed under section 2004 of title 10
or section 470 of title 14, the active duty service obligation incurred as
part of that detail.
`(b) SPECIAL PAY AUTHORIZED- An eligible judge advocate who executes a
written agreement to remain on active duty for a period of obligated service
specified in the agreement may, upon the acceptance of the agreement by the
Secretary concerned, be paid continuation pay under this section. The total
amount paid to an officer under one or more agreements under this section may
not exceed $60,000.
`(c) PRORATION- The term of an agreement under subsection (b) and the
amount payable under the agreement may be prorated.
`(d) PAYMENT METHODS- Upon acceptance of an agreement under subsection (b)
by the Secretary concerned, the total amount payable pursuant to the agreement
becomes fixed. The Secretary shall prepare an implementation plan specifying
the amount of each installment payment under the agreement and the times for
payment of the installments.
`(e) ADDITIONAL PAY- Any amount paid to an officer under this section is
in addition to any other pay and allowances to which the officer is
entitled.
`(f) REPAYMENT- (1) If an officer who has entered into a written agreement
under subsection (b) and has received all or part of the amount payable under
the agreement fails to complete the total period of active duty specified in
the agreement, the Secretary concerned may require the officer to repay the
United States, to the extent that the Secretary determines conditions and
circumstances warrant, any or all sums paid under this section.
`(2) An obligation to repay the United States imposed under paragraph (1)
is for all purposes a debt owed to the United States.
`(3) A discharge in bankruptcy under title 11 that is entered less than
five years after the termination of an agreement entered into under subsection
(b) does not discharge the officer signing the agreement from a debt arising
under such agreement or under paragraph (1).
`(g) REGULATIONS- The Secretary concerned shall prescribe regulations to
carry out this section.'.
(2) The table of sections at the beginning of chapter 5 of title 37,
United States Code, is amended by inserting after the item relating to section
320 the following new item:
`321. Special pay: judge advocate continuation pay.'.
(b) STUDY AND REPORT ON ADDITIONAL RECRUITMENT AND RETENTION INITIATIVES-
(1) The Secretary of Defense shall conduct a study regarding the need for
additional incentives to improve the recruitment and retention of judge
advocates for the Armed Forces. At a minimum, the Secretary shall consider as
possible incentives constructive service credit for basic pay, educational
loan repayment, and Federal student loan relief.
(2) Not later than March 31, 2000, the Secretary shall submit to Congress
a report containing the findings and recommendations resulting from the
study.
(c) EFFECTIVE DATE- The amendments made by subsection (a) shall take
effect on October 1, 1999.
Subtitle C--Travel and Transportation Allowances
SEC. 631. PROVISION OF LODGING IN KIND FOR RESERVISTS PERFORMING
TRAINING DUTY AND NOT OTHERWISE ENTITLED TO TRAVEL AND TRANSPORTATION
ALLOWANCES.
(a) PROVISION- Paragraph (1) of subsection (i) of section 404 of title 37,
United States Code, is amended by adding at the end the following new
sentence: `If transient government housing is unavailable or inadequate, the
Secretary concerned may provide the member with lodging in kind in the same
manner as members entitled to such allowances under subsection (a).'.
(b) PAYMENT METHODS- Paragraph (3) of such subsection is amended--
(1) by inserting after `paragraph (1)' the following: `and expenses of
providing lodging in kind under such paragraph'; and
(2) by adding at the end the following new sentence: `Use of Government
charge cards is authorized for payment of these expenses.'.
(c) DECISIONMAKING- Such subsection is further amended by adding at the
end the following new paragraph:
`(4) Decisions regarding the availability or adequacy of government
housing at a military installation under paragraph (1) shall be made by the
installation commander.'.
SEC. 632. PAYMENT OF TEMPORARY LODGING EXPENSES FOR MEMBERS MAKING THEIR
FIRST PERMANENT CHANGE OF STATION.
(a) AUTHORITY TO PAY OR REIMBURSE- Section 404a(a) of title 37, United
States Code, is amended--
(1) in paragraph (1), by striking `or' at the end;
(2) in paragraph (2), by inserting `or' after the semicolon; and
(3) by inserting after paragraph (2) the following new paragraph:
`(3) in the case of an enlisted member who is reporting to the member's
first permanent duty station, from the member's home of record or initial
technical school to that first permanent duty station;'.
(b) DURATION- Such section is further amended--
(1) in the second sentence, by striking `clause (1)' and inserting
`paragraph (1) or (3)'; and
(2) in the third sentence, by striking `clause (2)' and inserting
`paragraph (2)'.
SEC. 633. DESTINATION AIRPORT FOR EMERGENCY LEAVE TRAVEL TO CONTINENTAL
UNITED STATES.
Section 411d(b)(1) of title 37, United States Code, is amended--
(1) in subparagraph (A), by striking `or' at the end;
(2) by redesignating subparagraph (B) as subparagraph (C); and
(3) by inserting after subparagraph (A) the following new
subparagraph:
`(B) to any airport in the continental United States to which travel can
be arranged at the same or a lower cost as travel obtained under
subparagraph (A); or'.
Subtitle D--Retired Pay Reform
SEC. 641. REDUX RETIRED PAY SYSTEM APPLICABLE ONLY TO MEMBERS ELECTING
NEW 15-YEAR CAREER STATUS BONUS.
(a) RETIRED PAY MULTIPLIER- Paragraph (2) of section 1409(b) of title 10,
United States Code, is amended by inserting after `July 31, 1986,' the
following: `has elected to receive a bonus under section 322 of title 37,'.
(b) COST-OF-LIVING ADJUSTMENTS- (1) Paragraph (2) of section 1401a(b) of
such title is amended by striking `The Secretary shall increase the retired
pay of each member and former member who first became a member of a uniformed
service before August 1, 1986,' and inserting `Except as otherwise provided in
this subsection, the Secretary shall increase the retired pay of each member
and former member'.
(2) Paragraph (3) of such section is amended by inserting after `August 1,
1986,' the following: `and has elected to receive a bonus under section 322 of
title 37,'.
(c) RECOMPUTATION OF RETIRED PAY AT AGE 62- Section 1410 of such title is
amended by inserting after `August 1, 1986,' the following: `who has elected
to receive a bonus under section 322 of title 37,'.
SEC. 642. AUTHORIZATION OF 15-YEAR CAREER STATUS BONUS.
(a) CAREER SERVICE BONUS- Chapter 5 of title 37, United States Code, is
amended by inserting after section 321, as added by section 629, the following
new section:
-`Sec. 322. Special pay: 15-year career status bonus for members entering
service on or after August 1, 1986
`(a) AVAILABILITY OF BONUS- The Secretary concerned shall pay a bonus
under this section to an eligible career bonus member if the member--
`(1) elects to receive the bonus under this section; and
`(2) executes a written agreement (prescribed by the Secretary
concerned) to remain continuously on active duty until the member has
completed 20 years of active-duty service creditable under section 1