--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 1405 of
title 10.
`(b) ELIGIBLE CAREER BONUS MEMBER DEFINED- In this section, the term
`eligible career bonus member' means a member of a uniformed service serving
on active duty who--
`(1) first became a member on or after August 1, 1986; and
`(2) has completed 15 years of active duty in the uniformed services (or
has received notification under subsection (e) that the member is about to
complete that duty).
`(c) ELECTION METHOD- An election under subsection (a)(1) shall be made in
such form and within such period as the Secretary concerned may prescribe. An
election under that subsection is irrevocable.
`(d) AMOUNT OF BONUS; PAYMENT- (1) A bonus under this section shall be
paid in a single lump sum of $30,000.
`(2) The bonus shall be paid to an eligible career bonus member not later
than the first month that begins on or after the date that is 60 days after
the date on which the Secretary concerned receives from the member the
election required under subsection (a)(1) and the written agreement required
under subsection (a)(2), if applicable.
`(e) NOTIFICATION OF ELIGIBILITY- (1) The Secretary concerned shall
transmit to each member who meets the definition of eligible career bonus
member a written notification of the opportunity of the member to elect to
receive a bonus under this section. The Secretary shall provide the
notification not later than 180 days before the date on which the member will
complete 15 years of active duty.
`(2) The notification shall include the following:
`(A) The procedures for electing to receive the bonus.
`(B) An explanation of the effects under sections 1401a, 1409, and 1410
of title 10 that such an election has on the computation of any retired or
retainer pay that the member may become eligible to receive.
`(f) REPAYMENT OF BONUS- (1) If a person paid a bonus under this section
fails to complete a period of active duty beginning on the date on which the
election of the person under subsection (a)(1) is received and ending on the
date on which the person completes 20 years of active-duty service as
described in subsection (a)(2), the person shall refund to the United States
the amount that bears the same ratio to the amount of the bonus payment as the
uncompleted part of that period of active-duty service bears to the total
period of such service.
`(2) Subject to paragraph (3), an obligation to reimburse the United
States imposed under paragraph (1) is for all purposes a debt owed to the
United States.
`(3) The Secretary concerned may waive, in whole or in part, a refund
required under paragraph (1) if the Secretary concerned determines that
recovery would be against equity and good conscience or would be contrary to
the best interests of the United States.
`(4) A discharge in bankruptcy under title 11 that is entered less than
five years after the termination of an agreement under this section does not
discharge the member signing such agreement from a debt arising under the
agreement or this subsection.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by inserting after the item relating to section 321 the
following new item:
`322. Special pay: 15-year career status bonus for members entering
service on or after August 1, 1986.'.
SEC. 643. CONFORMING AMENDMENTS.
(a) CONFORMING AMENDMENT TO SURVIVOR BENEFIT PLAN PROVISION- (1) Section
1451(h)(3) of title 10, United States Code, is amended by inserting `OF
CERTAIN MEMBERS' after `RETIREMENT'.
(2) Section 1452(i) of such title is amended by striking `When the retired
pay' and inserting `Whenever the retired pay'.
(b) RELATED TECHNICAL AMENDMENTS- Chapter 71 of such title is amended as
follows:
(1) Section 1401a(b) is amended--
(A) by striking the heading for paragraph (1) and inserting `INCREASE
REQUIRED- ';
(B) by striking the heading for paragraph (2) and inserting
`PERCENTAGE INCREASE- '; and
(C) by striking the heading for paragraph (3) and inserting `REDUCED
PERCENTAGE FOR CERTAIN POST-AUGUST 1, 1986 MEMBERS- '.
(2) Section 1409(b)(2) is amended by inserting `CERTAIN' in the
paragraph heading after `REDUCTION APPLICABLE TO'.
(3)(A) The heading of section 1410 is amended by inserting
`certain' before `members'.
(B) The item relating to such section in the table of sections at the
beginning of such chapter is amended by inserting `certain' before
`members'.
SEC. 644. EFFECTIVE DATE.
The amendments made by sections 641, 642, and 643 shall take effect on
October 1, 1999.
Subtitle E--Other Matters Relating to Military Retirees and
Survivors
SEC. 651. REPEAL OF REDUCTION IN RETIRED PAY FOR MILITARY RETIREES
EMPLOYED IN CIVILIAN POSITIONS.
(a) REPEAL- (1) Section 5532 of title 5, United States Code, is
repealed.
(2) The table of sections at the beginning of chapter 55 of such title is
amended by striking the item relating to section 5532.
(b) CONTRIBUTIONS TO DEPARTMENT OF DEFENSE MILITARY RETIREMENT FUND-
Section 1466 of title 10, United States Code, is amended by adding at the end
the following new subsection:
`(c)(1) The Secretary of Defense shall pay into the Fund at the beginning
of each fiscal year such amount as may be necessary to pay the cost to the
Fund for that fiscal year resulting from the repeal, as of October 1, 1999, of
section 5532 of title 5, including any actuarial loss to the Fund resulting
from increased benefits paid from the Fund that are not fully covered by the
payments made to the Fund for that fiscal year under subsections (a) and
(b).
`(2) Amounts paid into the Fund under this subsection shall be paid from
funds available for the pay of members of the armed forces under the
jurisdiction of the Secretary of a military department.
`(3) The Department of Defense Retirement Board of Actuaries shall
determine, for each armed force, the amount required under paragraph (1) to be
deposited in the Fund each fiscal year.'.
(c) EFFECTIVE DATE- The amendments made by this section shall take effect
on October 1, 1999.
SEC. 652. PRESENTATION OF UNITED STATES FLAG TO RETIRING MEMBERS OF THE
UNIFORMED SERVICES NOT PREVIOUSLY COVERED.
(a) NONREGULAR SERVICE MILITARY RETIREES- (1) Chapter 1217 of title 10,
United States Code, is amended by adding at the end the following new
section:
`Sec. 12605. Presentation of United States flag: members transferred from an
active status or discharged after completion of eligibility for retired pay
`(a) PRESENTATION OF FLAG- Upon the transfer from an active status or
discharge of a Reserve who has completed the years of service required for
eligibility for retired pay under chapter 1223 of this title, the Secretary
concerned shall present a United States flag to the member.
`(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED- A member is not eligible for
presentation of a flag under subsection (a) if the member has previously been
presented a flag under this section or any provision of law providing for the
presentation of a United States flag incident to release from active service
for retirement.
`(c) NO COST TO RECIPIENT- The presentation of a flag under this section
shall be at no cost to the recipient.'.
(2) The table of sections at the beginning of such chapter is amended by
adding at the end the following new item:
`12605. Presentation of United States flag: members transferred from an
active status or discharged after completion of eligibility for retired pay.'.
(b) PUBLIC HEALTH SERVICE- Title II of the Public Health Service Act is
amended by inserting after section 212 (42 U.S.C. 213) the following new
section:
`PRESENTATION OF UNITED STATES FLAG UPON RETIREMENT
`SEC. 213. (a) PRESENTATION OF FLAG- Upon the release of an officer of the
commissioned corps of the Service from active commissioned service for
retirement, the Secretary of Health and Human Services shall present a United
States flag to the officer.
`(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED- An officer is not eligible for
presentation of a flag under subsection (a) if the officer has previously been
presented a flag under this section or any other provision of law providing
for the presentation of a United States flag incident to release from active
service for retirement.
`(c) NO COST TO RECIPIENT- The presentation of a flag under this section
shall be at no cost to the recipient.'.
(c) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION- The Coast and
Geodetic Survey Commissioned Officers' Act of 1948 is amended by inserting
after section 24 (33 U.S.C. 853u) the following new section:
`SEC. 25. (a) PRESENTATION OF FLAG UPON RETIREMENT- Upon the release of a
commissioned officer from active commissioned service for retirement, the
Secretary of Commerce shall present a United States flag to the officer.
`(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED- An officer is not eligible for
presentation of a flag under subsection (a) if the officer has previously been
presented a flag under this section or any other provision of law providing
for the presentation of a United States flag incident to release from active
service for retirement.
`(c) NO COST TO RECIPIENT- The presentation of a flag under this section
shall be at no cost to the recipient.'.
(d) EFFECTIVE DATE- Section 12605 of title 10, United States Code (as
added by subsection (a)), section 213 of the Public Health Service Act (as
added by subsection (b)), and section 25 of the Coast and Geodetic Survey
Commissioned Officers' Act of 1948 (as added by subsection (c)) shall apply
with respect to releases from service described in those sections on or after
October 1, 1999.
(e) CONFORMING AMENDMENTS TO PRIOR LAW- Sections 3681(b), 6141(b), and
8681(b) of title 10, United States Code, and section 516(b) of title 14,
United States Code, are each amended by striking `under this section' and all
that follows through the period and inserting `under this section or any other
provision of law providing for the presentation of a United States flag
incident to release from active service for retirement.'.
SEC. 653. DISABILITY RETIREMENT OR SEPARATION FOR CERTAIN MEMBERS WITH
PRE-EXISTING CONDITIONS.
(a) DISABILITY RETIREMENT- (1) Chapter 61 of title 10, United States Code,
is amended by inserting after section 1207 the following new section:
`Sec. 1207a. Members with over eight years of active service: eligibility for
disability retirement for pre-existing conditions
`(a) In the case of a member described in subsection (b) who would be
covered by section 1201, 1202, or 1203 of this title but for the fact that the
member's disability is determined to have been incurred before the member
became entitled to basic pay in the member's current period of active duty,
the disability shall be deemed to have been incurred while the member was
entitled to basic pay and shall be so considered for purposes of determining
whether the disability was incurred in the line of duty.
`(b) A member described in subsection (a) is a member with at least eight
years of active service.'.
(2) The table of sections at the beginning of such chapter is amended by
inserting after the item relating to section 1207 the following new item:
`1207a. Members with over eight years of active service: eligibility for
disability retirement for pre-existing conditions.'.
(b) NONREGULAR SERVICE RETIREMENT- (1) Chapter 1223 of such title is
amended by inserting after section 12731a the following new section:
`Sec. 12731b. Special rule for members with physical disabilities not
incurred in line of duty
`(a) In the case of a member of the Selected Reserve of a reserve
component who no longer meets the qualifications for membership in the
Selected Reserve solely because the member is unfit because of physical
disability, the Secretary concerned may, for purposes of section 12731 of this
title, determine to treat the member as having met the service requirements of
subsection (a)(2) of that section and provide the member with the notification
required by subsection (d) of that section if the member has completed at
least 15, and less than 20, years of service computed under section 12732 of
this title.
`(b) Notification under subsection (a) may not be made if--
`(1) the disability was the result of the member's intentional
misconduct, willful neglect, or willful failure to comply with standards and
qualifications for retention established by the Secretary concerned;
or
`(2) the disability was incurred during a period of unauthorized
absence.'.
(2) The table of sections at the beginning of such chapter is amended by
inserting after the item relating to section 12731a the following new item:
`12731b. Special rule for members with physical disabilities not incurred
in line of duty.'.
(c) SEPARATION- Section 1206(5) of such title is amended by inserting `,
in the case of a disability incurred before the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2000,' after
`determination, and'.
SEC. 654. CREDIT TOWARD PAID-UP SBP COVERAGE FOR MONTHS COVERED BY
MAKE-UP PREMIUM PAID BY PERSONS ELECTING SBP COVERAGE DURING SPECIAL OPEN
ENROLLMENT PERIOD.
Section 642 of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2045; 10 U.S.C. 1448 note) is
amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new subsection
(h):
`(h) CREDIT TOWARD PAID-UP COVERAGE- Upon payment of the total amount of
the premiums charged a person under subsection (g), the retired pay of a
person participating in the Survivor Benefit Plan pursuant to an election
under this section shall be treated, for the purposes of subsection (j) of
section 1452 of title 10, United States Code, as having been reduced under
such section 1452 for the months in the period for which the person's retired
pay would have been reduced if the person had elected to participate in the
Survivor Benefit Plan at the first opportunity that was afforded the person to
participate.'.
SEC. 655. PAID-UP COVERAGE UNDER RETIRED SERVICEMAN'S FAMILY PROTECTION
PLAN.
(a) CONDITIONS- Subchapter I of chapter 73 of title 10, United States
Code, is amended by inserting after section 1436 the following new section:
`Sec. 1436a. Coverage paid up at 30 years and age 70
`Effective October 1, 2008, a reduction under this subchapter in the
retired or retainer pay of a person electing an annuity under this subchapter
may not be made for any month after the later of--
`(1) the month that is the 360th month for which that person's retired
or retainer pay is reduced pursuant to such an election; and
`(2) the month during which that person attains 70 years of age.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
subchapter is amended by inserting after the item relating to section 1436 the
following new item:
`1436a. Coverage paid up at 30 years and age 70.'.
SEC. 656. EXTENSION OF AUTHORITY FOR PAYMENT OF ANNUITIES TO CERTAIN
MILITARY SURVIVING SPOUSES.
(a) COVERAGE OF SURVIVING SPOUSES OF ALL `GRAY-AREA' RETIREES- Subsection
(a)(1)(B) of section 644 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 1800; 10 U.S.C. 1448 note) is amended
by striking `during the period beginning on September 21, 1972, and ending on'
and inserting `before'.
(b) PERMANENT AUTHORITY FOR PAYMENT OF ANNUITIES- Subsection (f) of such
section is repealed.
(c) EFFECTIVE DATE- The amendment made by subsection (a) shall apply with
respect to annuities payable for months beginning after September 30, 1999.
SEC. 657. EFFECTUATION OF INTENDED SBP ANNUITY FOR FORMER SPOUSE WHEN
NOT ELECTED BY REASON OF UNTIMELY DEATH OF RETIREE.
(a) CASES NOT COVERED BY EXISTING AUTHORITY- Paragraph (3) of section
1450(f) of title 10, United States Code, as in effect on the date of the
enactment of this Act, shall apply in the case of a former spouse of any
person referred to in that paragraph who--
(1) incident to a proceeding of divorce, dissolution, or
annulment--
(A) entered into a written agreement on or after August 21, 1983, to
make an election under section 1448(b) of such title to provide an annuity
to the former spouse (the agreement thereafter having been incorporated in
or ratified or approved by a court order or filed with the court of
appropriate jurisdiction in accordance with applicable State law);
or
(B) was required by a court order dated on or after such date to make
such an election for the former spouse; and
(2) before making the election, died within 21 days after the date of
the agreement referred to in paragraph (1)(A) or the court order referred to
in paragraph (1)(B), as the case may be.
(b) ADJUSTED TIME LIMIT FOR REQUEST BY FORMER SPOUSE- For the purposes of
paragraph (3)(C) of section 1450(f) of title 10, United States Code, a court
order or filing referred to in subsection (a)(1) of this section that is dated
before October 19, 1984, shall be deemed to be dated on the date of the
enactment of this Act.
SEC. 658. SPECIAL COMPENSATION FOR SEVERELY DISABLED UNIFORMED SERVICES
RETIREES.
(a) AUTHORITY- (1) Chapter 71 of title 10, United States Code, is amended
by adding at the end the following new section:
-`Sec. 1413. Special compensation for certain severely disabled uniformed
services retirees
`(a) AUTHORITY- The Secretary concerned shall pay to each eligible
disabled uniformed services retiree a monthly amount determined under
subsection (b).
`(b) AMOUNT- The amount to be paid to an eligible disabled uniformed
services retiree in accordance with subsection (a) is the following:
`(1) For any month for which the retiree has a qualifying
service-connected disability rated as total, $300.
`(2) For any month for which the retiree has a qualifying
service-connected disability rated as 90 percent, $200.
`(3) For any month for which the retiree has a qualifying
service-connected disability rated as 80 percent or 70 percent, $100.
`(c) ELIGIBLE MEMBERS- An eligible disabled uniformed services retiree
referred to in subsection (a) is a member of the uniformed services in a
retired status (other than a member who is retired under chapter 61 of this
title) who--
`(1) completed at least 20 years of service in the uniformed services
that are creditable for purposes of computing the amount of retired pay to
which the member is entitled; and
`(2) has a qualifying service-connected disability.
`(d) QUALIFYING SERVICE-CONNECTED DISABILITY DEFINED- In this section, the
term `qualifying service-connected disability' means a service-connected
disability that--
`(1) was incurred or aggravated in the performance of duty as a member
of a uniformed service, as determined by the Secretary concerned; and
`(2) is rated as not less than 70 percent disabling--
`(A) by the Secretary concerned as of the date on which the member is
retired from the uniformed services; or
`(B) by the Secretary of Veterans Affairs within four years following
the date on which the member is retired from the uniformed
services.
`(e) STATUS OF PAYMENTS- Payments under this section are not retired
pay.
`(f) SOURCE OF FUNDS- Payments under this section for any fiscal year
shall be paid out of funds appropriated for pay and allowances payable by the
Secretary concerned for that fiscal year.
`(g) OTHER DEFINITIONS- In this section:
`(1) The term `service-connected' has the meaning given that term in
section 101 of title 38.
`(2) The term `disability rated as total' means--
`(A) a disability that is rated as total under the standard schedule
of rating disabilities in use by the Department of Veterans Affairs;
or
`(B) a disability for which the scheduled rating is less than total
but for which a rating of total is assigned by reason of inability of the
disabled person concerned to secure or follow a substantially gainful
occupation as a result of service-connected disabilities.
`(3) The term `retired pay' includes retainer pay, emergency officers'
retirement pay, and naval pension.'.
(2) The table of sections at the beginning of such chapter is amended by
adding at the end the following new item:
`1413. Special compensation for certain severely disabled uniformed services
retirees.'.
(b) EFFECTIVE DATE- Section 1413 of title 10, United States Code, as added
by subsection (a), shall take effect on October 1, 1999, and shall apply to
months that begin on or after that date. No benefit may be paid to any person
by reason of that section for any period before that date.
Subtitle F--Eligibility to Participate in the Thrift Savings
Plan
SEC. 661. PARTICIPATION IN THRIFT SAVINGS PLAN.
(a) PARTICIPATION AUTHORITY- (1)(A) Chapter 3 of title 37, United States
Code, is amended by adding at the end the following:
`Sec. 211. Participation in Thrift Savings Plan
`(a) DEFINITION- In this section, the term `member' means--
`(1) a member of the uniformed services serving on active duty;
and
`(2) a member of the Ready Reserve in any pay status.
`(b) AUTHORITY- Any member may participate in the Thrift Savings Plan in
accordance with section 8440e of title 5.
`(c) RULE OF CONSTRUCTION REGARDING SEPARATION- For purposes of
subchapters III and VII of chapter 84 of title 5, each of the following
actions shall, in the case of a member participating in the Thrift Savings
Plan in accordance with section 8440e of such title, be considered a
separation from Government employment:
`(1) Release of the member from active duty, not followed, before the
end of the 31-day period beginning on the day following the effective date
of the release, by--
`(A) a resumption of active duty; or
`(B) an appointment to a position covered by chapter 83 or 84 of title
5 or an equivalent retirement system, as identified by the Executive
Director (appointed by the Federal Retirement Thrift Investment Board) in
regulations.
`(2) Transfer of the member to inactive status, or to a retired list
pursuant to any provision of title 10.'.
(B) The table of sections at the beginning of such chapter is amended by
adding at the end the following:
`211. Participation in Thrift Savings Plan.'.
(2)(A) Subchapter III of chapter 84 of title 5, United States Code, is
amended by adding at the end the following:
`Sec. 8440e. Members of the uniformed services
`(a) For purposes of this section--
`(1) the term `member' has the meaning given such term by section 211 of
title 37; and
`(2) the term `basic pay' means basic pay payable under section 204 of
title 37.
`(b)(1) Any member eligible to participate in the Thrift Savings Plan by
virtue of section 211(b) of title 37 may contribute to the Thrift Savings
Fund.
`(2)(A) Except as provided in subparagraph (B), an election to contribute
to the Thrift Savings Fund under this section may be made only during a period
provided under section 8432(b), subject to the same conditions as prescribed
under paragraph (2) (A)-(D) thereof.
`(B)(i) Notwithstanding subparagraph (A), any individual who is a member
as of the effective date described in paragraph (1) of section 663(a) of the
National Defense Authorization Act for Fiscal Year 2000 (or, if applicable,
paragraph (2) thereof) may make the first such election during the 60-day
period beginning on such effective date.
`(ii) An election made under this subparagraph shall take effect on the
first day of the first applicable pay period beginning after the close of the
60-day period referred to in clause (i).
`(c) Except as otherwise provided in this section, the provisions of this
subchapter and subchapter VII shall apply with respect to members making
contributions to the Thrift Savings Fund, and such members shall, for purposes
of this subchapter and subchapter VII, be considered employees within the
meaning of section 8401(11).
`(d)(1)(A) The amount contributed by a member described in section
211(a)(1) of title 37 for any pay period out of basic pay may not exceed 5
percent of such member's basic pay for such pay period.
`(B) The amount contributed by a member described in section 211(a)(2) of
title 37 for any pay period out of any compensation received under section 206
of title 37 may not exceed 5 percent of such compensation, payable to such
member for such pay period.
`(2) A member making contributions to the Thrift Savings Fund out of basic
pay, or out of compensation under section 206 of title 37, may also contribute
(by direct transfer to the Fund) any part of any special or incentive pay that
such member receives under chapter 5 of title 37.
`(3) Nothing in this section or section 211 of title 37 shall be
considered to waive any dollar limitation under the Internal Revenue Code of
1986 which otherwise applies with respect to the Thrift Savings Fund.
`(e) Except as provided in section 211(d) of title 37, no contribution
under section 8432(c) of this title may be made for the benefit of a member
making contributions to the Thrift Savings Fund under this section.'.
(B) The table of sections at the beginning of chapter 84 of title 5,
United States Code, is amended by adding after the item relating to section
8440d the following:
`8440e. Members of the uniformed services.'.
(3)(A) Section 8432b(b)(2)(B) of title 5, United States Code, is amended
by inserting `or 8440e' after `section 8432(a)'.
(B)(i) Section 8351(b) of title 5, United States Code, is amended by
redesignating paragraph (11) as paragraph (8).
(ii) Subparagraph (A) of section 8351(b)(8) of such title 5 (as so
redesignated by clause (i)) is amended by striking the semicolon and inserting
the following: `, except that the reference in section 8432b(b)(2)(B) to
employee contributions under section 8432(a) shall be considered a reference
to employee contributions under this subchapter and section 8440e;'.
(C) Subsection (c) of section 8432b of such title 5 is amended by
redesignating paragraphs (1) and (2) as subparagraphs (A) and (B),
respectively, by striking `(c)' and inserting `(c)(1)', and by adding at the
end the following:
`(2) An employee to whom this section applies is entitled to have
contributed to the Thrift Savings Fund on such employee's behalf an amount
equal to--
`(A) the total contributions to which that individual would have been
entitled under section 8432(c)(2), based on the amounts contributed by such
individual under section 8440e (other than under subsection (d)(2) thereof)
with respect to the period referred to in subsection (b)(2)(B), if those
amounts had been contributed by such individual under section 8432(a);
reduced by
`(B) any contributions actually made on such employee's behalf under
section 8432(c)(2) (including pursuant to an agreement under section 211(d)
of title 37) with respect to the period referred to in subsection
(b)(2)(B).'.
(4) Subsections (g)(1) and (h)(3) of section 8433 of title 5, United
States Code, are each amended by striking `under section 8432(a) of this
title'.
(5) Section 8439(a) of title 5, United States Code, is amended--
(A) in paragraph (1), by striking `under section 8432(c)(1) of this
title' and `under section 8351 of this title';
(B) in paragraph (2)(A)(i), by striking all after `individual' and
inserting a semicolon; and
(C) in paragraph (2)(A)(ii), by striking all after `individual' and
inserting `; and'.
(6) Section 8473 of title 5, United States Code, is amended--
(A) in subsection (a), by striking `14 members' and inserting `15
members'; and
(i) by striking `14 members' and inserting `15 members';
(ii) by striking `and' at the end of paragraph (8);
(iii) by striking the period at the end of paragraph (9) and inserting
`; and'; and
(iv) by adding at the end the following:
`(10) 1 shall be appointed to represent participants (under section
8440e) who are members of the uniformed services.'.
(b) REGULATIONS- Not later than the date on which qualifying offsetting
legislation (as defined in section 663(b)) is enacted or 180 days after the
date of the enactment of this Act, whichever is later, the Executive Director
(appointed by the Federal Retirement Thrift Investment Board) shall issue
regulations to implement the amendments made by this subtitle.
SEC. 662. SPECIAL RETENTION INITIATIVE.
Section 211 of title 37, United States Code, as added by section 661, is
amended by adding at the end the following:
`(d) AGENCY CONTRIBUTIONS FOR RETENTION IN CRITICAL SPECIALTIES- (1) The
Secretary concerned may enter into an agreement with a member to make
contributions to the Thrift Savings Fund for the benefit of the member if the
member--
`(A) is in a specialty designated by the Secretary as critical to meet
requirements (whether such specialty is designated as critical to meet
wartime or peacetime requirements); and
`(B) commits in such agreement to continue to serve on active duty in
that specialty for a period of 6 years.
`(2) Under any agreement entered into with a member under paragraph (1),
the Secretary shall make contributions to the Fund for the benefit of the
member for each pay period of the 6-year period of the agreement for which the
member makes a contribution to the Fund under section 8440e of title 5 (other
than under subsection (d)(2) thereof). Paragraph (2) of section 8432(c) of
title 5 applies to the Secretary's obligation to make contributions under this
paragraph, except that the reference in such paragraph (2) to contributions
under paragraph (1) of such section 8432(c) does not apply.'.
SEC. 663. EFFECTIVE DATE.
(a) APPLICABILITY- (1) Except as provided in paragraph (2), the authority
of members to participate in the Thrift Savings Plan under section 211 of
title 37, United States Code (as amended by this subtitle) shall take effect
on the date on which qualifying offsetting legislation (as defined in
subsection (b)) is enacted or 1 year after the date of the enactment of this
Act, whichever is later. As used in the preceding sentence, the term `member'
has the meaning given such term by section 211 of such title 37 (as so
amended).
(2)(A) The Secretary of Defense may postpone the authority of members of
the Ready Reserve to so participate in the Thrift Savings Plan until 180 days
after the date that would otherwise apply under paragraph (1) if the
Secretary, after consultation with the Executive Director (appointed by the
Federal Retirement Thrift Investment Board), determines that permitting such
members to participate in the Thrift Savings Plan beginning on the date that
would otherwise apply under paragraph (1) would place an excessive burden on
the administrative capacity of the Board to accommodate participants in the
Thrift Savings Plan.
(B) The Secretary shall notify the congressional defense committees, the
Committee on Government Reform of the House of Representatives, and the
Committee on Governmental Affairs of the Senate of any determination made
under subparagraph (A).
(b) EFFECTIVENESS CONTINGENT ON OFFSETTING LEGISLATION- (1) The amendments
made by this subtitle shall be effective only if--
(A) the President, in the budget of the President for fiscal year 2001,
proposes legislation which, if enacted, would be qualifying offsetting
legislation; and
(B) there is enacted during the second session of the One Hundred Sixth
Congress qualifying offsetting legislation.
The preceding sentence shall not apply with respect to the amendment made
by section 661(a)(3)(B)(i).
(2) For purposes of this subtitle:
(A) The term `qualifying offsetting legislation' means legislation
(other than an appropriations Act) that includes provisions that--
(i) offset fully the decreased revenues for each of fiscal years 2000
through 2009 to be made by reason of the amendments made by this
subtitle;
(ii) expressly state that they are enacted for the purpose of the
offset described in clause (i); and
(iii) are included in full on the PayGo scorecard.
(B) The term `PayGo scorecard' means the estimates that are made with
respect to fiscal years through fiscal year 2009 by the Director of the
Congressional Budget Office and the Director of the Office of Management and
Budget under section 252(d) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Subtitle G--Other Matters
SEC. 671. PAYMENT FOR UNUSED LEAVE IN CONJUNCTION WITH A
REENLISTMENT.
Section 501 of title 37, United States Code, is amended--
(1) in subsection (a)(1), by inserting `, termination of an enlistment
in conjunction with the commencement of a successive enlistment (without
regard to the date of the expiration of the term of the enlistment being
terminated),' after `honorable conditions'; and
(2) in subsection (b)(2), by striking `, or entering into an
enlistment,'.
SEC. 672. CLARIFICATION OF PER DIEM ELIGIBILITY FOR MILITARY TECHNICIANS
(DUAL STATUS) SERVING ON ACTIVE DUTY WITHOUT PAY OUTSIDE THE UNITED
STATES.
(a) AUTHORITY TO PROVIDE PER DIEM ALLOWANCE- Section 1002(b) of title 37,
United States Code, is amended--
(1) by inserting `(1)' after `(b)'; and
(2) by adding at the end the following new paragraph:
`(2) If a military technician (dual status), as described in section 10216
of title 10, is performing active duty without pay while on leave from
technician employment, as authorized by section 6323(d) of title 5, the
Secretary concerned may authorize the payment of a per diem allowance to the
military technician in lieu of commutation for subsistence and quarters under
paragraph (1).'.
(b) TYPES OF OVERSEAS OPERATIONS- Section 6323(d)(1) of title 5, United
States Code, is amended by striking `noncombat'.
(c) EFFECTIVE DATE- The amendment made by subsection (a) shall be
effective as of February 10, 1996, as if included in section 1039 of the
National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106;
110 Stat. 432).
SEC. 673. ANNUAL REPORT ON EFFECTS OF INITIATIVES ON RECRUITMENT AND
RETENTION.
(a) REPORT REQUIRED- (1) Chapter 19 of title 37, United States Code, is
amended by adding at the end the following new section:
-`Sec. 1015. Annual report on effects of recruitment and retention
initiatives
`Not later than December 1 of each year, the Secretary of Defense shall
submit to Congress a report that sets forth the Secretary's assessment of the
effects that the improvements to compensation and other personnel benefits
made by title VI of the National Defense Authorization Act for Fiscal Year
2000 are having on the recruitment of persons to join the armed forces and the
retention of members of the armed forces.'.
(2) The table of sections at the beginning of such chapter is amended by
adding at the end the following new item:
`1015. Annual report on effects of recruitment and retention initiatives.'.
(b) FIRST REPORT- The first report under section 1015 of title 37, United
States Code, as added by subsection (a), shall be submitted not later than
December 1, 2000.
SEC. 674. OVERSEAS SPECIAL SUPPLEMENTAL FOOD PROGRAM.
(a) PROGRAM AND BENEFITS- Subsection (a) of section 1060a of title 10,
United States Code, is amended by striking `AUTHORITY- The Secretary of
Defense may carry out a program to provide special supplemental food benefits'
and inserting `PROGRAM REQUIRED- The Secretary of Defense shall carry out a
program to provide supplemental foods and nutrition education'.
(b) FUNDING SOURCE- Subsection (b) of such section is amended to read as
follows:
`(b) FUNDING MECHANISM- The Secretary of Defense shall use funds available
for the Department of Defense to carry out the program under subsection
(a).'.
(c) PROGRAM ADMINISTRATION- Subsection (c) of such section is amended--
(1) in paragraph (1)(A), by adding at the end the following new
sentence: `In determining eligibility for benefits, a person already
certified for participation in the special supplemental nutrition program
for women, infants, and children under such section 17 shall be considered
eligible for the duration of the certification period under that special
supplemental nutrition program.';
(2) by striking paragraph (1)(B) and inserting the following:
`(B) In determining eligibility for families of individuals participating
in the program under this section, the Secretary of Defense shall, to the
extent practicable, use the criterion described in subparagraph (A), including
nutritional risk standards. The Secretary shall also consider the value of
housing in kind provided to the individual when determining program
eligibility.';
(3) in paragraph (2), by adding before the period at the end the
following: `, particularly with respect to nutrition education'; and
(4) by adding at the end the following new paragraph:
`(3) The Secretary of Agriculture shall provide technical assistance to
the Secretary of Defense, if so requested by the Secretary of Defense, for the
purpose of carrying out the program under subsection (a).'.
(d) DEFINITIONS- Subsection (f) of such section is amended by adding at
the end the following new paragraph:
`(4) The terms `nutrition education' and `supplemental foods' have the
meanings given the terms in section 17(b) of the Child Nutrition Act of 1966
(42 U.S.C. 1786(b)).'.
(e) CONFORMING AMENDMENT- Section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786) is amended by adding at the end the following new
subsection:
`(q) The Secretary of Agriculture shall provide technical assistance to
the Secretary of Defense, if so requested by the Secretary of Defense, for the
purpose of carrying out the overseas special supplemental food program
established under section 1060a(a) of title 10, United States Code.'.
SEC. 675. TUITION ASSISTANCE FOR MEMBERS DEPLOYED IN A CONTINGENCY
OPERATION.
Section 2007(a) of title 10, United States Code, is amended--
(1) in paragraph (2), by striking `and';
(2) in paragraph (3), by striking the period at the end and inserting `;
and'; and
(3) by adding at the end the following new paragraph:
`(4) in the case of a member serving in a contingency operation or
similar operational mission (other than for training) designated by the
Secretary concerned, all of the charges may be paid.'.
SEC. 676. ADMINISTRATION OF SELECTED RESERVE EDUCATION LOAN REPAYMENT
PROGRAM FOR COAST GUARD RESERVE.
Section 16301 of title 10, United States Code, is amended by adding at the
end the following new subsection:
`(g) The Secretary of Transportation may repay loans described in
subsection (a)(1) and otherwise administer this section in the case of members
of the Selected Reserve of the Coast Guard Reserve when the Coast Guard is not
operating as a service in the Navy.'.
SEC. 677. SENSE OF CONGRESS REGARDING TREATMENT UNDER INTERNAL REVENUE
CODE OF MEMBERS RECEIVING HOSTILE FIRE OR IMMINENT DANGER SPECIAL PAY DURING
CONTINGENCY OPERATIONS.
It is the sense of Congress that a member of the Armed Forces who is
receiving special pay under section 310 of title 37, United States Code, while
assigned to duty in support of a contingency operation should be treated under
the Internal Revenue Code of 1986 in the same manner as a member of the Armed
Forces serving in a combat zone (as defined in section 112 of the Internal
Revenue Code of 1986).
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Pharmacy benefits program.
Sec. 702. Provision of chiropractic health care.
Sec. 703. Provision of domiciliary and custodial care for certain
CHAMPUS beneficiaries.
Sec. 704. Enhancement of dental benefits for retirees.
Sec. 705. Medical and dental care for certain members incurring injuries
on inactive-duty training.
Sec. 706. Health care at former uniformed services treatment facilities
for active duty members stationed at certain remote locations.
Sec. 707. Open enrollment demonstration program.
Subtitle B--TRICARE Program
Sec. 711. Expansion and revision of authority for dental programs for
dependents and reserves.
Sec. 712. Improvement of access to health care under the TRICARE
program.
Sec. 713. Improvements to claims processing under the TRICARE
program.
Sec. 714. Authority to waive certain TRICARE deductibles.
Sec. 715. TRICARE beneficiary counseling and assistance
coordinators.
Sec. 716. Improvement of TRICARE management; improvements to third-party
payer collection program.
Sec. 717. Comparative report on health care coverage under the TRICARE
program.
Subtitle C--Other Matters
Sec. 721. Forensic pathology investigations by Armed Forces Medical
Examiner.
Sec. 722. Best value contracting.
Sec. 723. Health care quality information and technology
enhancement.
Sec. 724. Joint telemedicine and telepharmacy demonstration projects by
the Department of Defense and Department of Veterans Affairs.
Sec. 725. Program-year stability in health care benefits.
Sec. 726. Study on joint operations for the Defense Health
Program.
Sec. 727. Trauma training center.
Sec. 728. Sense of Congress regarding automatic enrollment of
medicare-eligible beneficiaries in the TRICARE Senior Prime demonstration
project.
Subtitle A--Health Care Services
SEC. 701. PHARMACY BENEFITS PROGRAM.
(a) IN GENERAL- (1) Chapter 55 of title 10, United States Code, is amended
by inserting after section 1074f the following new section:
`Sec. 1074g. Pharmacy benefits program
`(a) PHARMACY BENEFITS- (1) The Secretary of Defense, after consulting
with the other administering Secretaries, shall establish an effective,
efficient, integrated pharmacy benefits program under this chapter
(hereinafter in this section referred to as the `pharmacy benefits
program').
`(2)(A) The pharmacy benefits program shall include a uniform formulary of
pharmaceutical agents, which shall assure the availability of pharmaceutical
agents in the complete range of therapeutic classes. The selection for
inclusion on the uniform formulary of particular pharmaceutical agents in each
therapeutic class shall be based on the relative clinical and cost
effectiveness of the agents in such class.
`(B) In considering the relative clinical effectiveness of agents under
subparagraph (A), the Secretary shall presume inclusion in a therapeutic class
of a pharmaceutical agent, unless the Pharmacy and Therapeutics Committee
established under subsection (b) finds that a pharmaceutical agent does not
have a significant, clinically meaningful therapeutic advantage in terms of
safety, effectiveness, or clinical outcome over the other drugs included on
the uniform formulary.
`(C) In considering the relative cost effectiveness of agents under
subparagraph (A), the Secretary shall rely on the evaluation by the Pharmacy
and Therapeutics Committee of the costs of agents in a therapeutic class in
relation to the safety, effectiveness, and clinical outcomes of such
agents.
`(D) The Secretary shall establish procedures for the selection of
particular pharmaceutical agents for the uniform formulary. Such procedures
shall be established so as best to accomplish, in the judgment of the
Secretary, the objectives set forth in paragraph (1). No pharmaceutical agent
may be excluded from the uniform formulary except upon the recommendation of
the Pharmacy and Therapeutics Committee. The Secretary shall begin to
implement the uniform formulary not later than October 1, 2000.
`(E) Pharmaceutical agents included on the uniform formulary shall be
available to eligible covered beneficiaries through--
`(i) facilities of the uniformed services, consistent with the scope of
health care services offered in such facilities;
`(ii) retail pharmacies designated or eligible under the TRICARE program
or the Civilian Health and Medical Program of the Uniformed Services to
provide pharmaceutical agents to covered beneficiaries; or
`(iii) the national mail-order pharmacy program.
`(3) The pharmacy benefits program shall assure the availability of
clinically appropriate pharmaceutical agents to members of the armed forces,
including, where appropriate, agents not included on the uniform formulary
described in paragraph (2).
`(4) The pharmacy benefits program may provide that prior authorization be
required for certain pharmaceutical agents to assure that the use of such
agents is clinically appropriate.
`(5) The pharmacy benefits program shall assure the availability to
eligible covered beneficiaries of pharmaceutical agents not included on the
uniform formulary. Such pharmaceutical agents shall be available through at
least one of the means described in paragraph (2)(E) under terms and
conditions that may include cost sharing by the eligible covered beneficiary
in addition to any such cost sharing applicable to agents on the uniform
formulary.
`(6) The Secretary, as part of the regulations established under
subsection (g), may establish cost sharing requirements (which may be
established as a percentage or fixed dollar amount) under the pharmacy
benefits program for generic, formulary, and nonformulary agents. For
nonformulary agents, cost sharing shall be consistent with common industry
practice and not in excess of amounts generally comparable to 20 percent for
beneficiaries covered by section 1079 of this title or 25 percent for
beneficiaries covered by section 1086 of this title.
`(7) The Secretary shall establish procedures for eligible covered
beneficiaries to receive pharmaceutical agents not included on the uniform
formulary, but, considered to be clinically necessary. Such procedures shall
include peer review procedures under which the Secretary may determine that
there is a clinical justification for the use of a pharmaceutical agent that
is not on the uniform formulary, in which case the pharmaceutical agent shall
be provided under the same terms and conditions as an agent on the uniform
formulary. Such procedures shall also include an expeditious appeals process
for an eligible covered beneficiary, or a network or uniformed provider on
behalf of the beneficiary, to establish clinical justification for the use of
a pharmaceutical agent that is not on the uniform formulary.
`(8) In carrying out this subsection, the Secretary shall ensure that an
eligible covered beneficiary may continue to receive coverage for any
maintenance pharmaceutical that is not on the uniform formulary and that was
prescribed for the beneficiary before the date of the enactment of this
section and stabilized the medical condition of the beneficiary.
`(b) ESTABLISHMENT OF COMMITTEE- (1) The Secretary of Defense shall, in
consultation with the Secretaries of the military departments, establish a
Pharmacy and Therapeutics Committee for the purpose of developing the uniform
formulary of pharmaceutical agents required by subsection (a), reviewing such
formulary on a periodic basis, and making additional recommendations regarding
the formulary as the committee determines necessary and appropriate. The
committee shall include representatives of pharmacies of the uniformed
services facilities, contractors responsible for the TRICARE retail pharmacy
program, contractors responsible for the national mail-order pharmacy program,
providers in facilities of the uniformed services, and TRICARE network
providers. Committee members shall have expertise in treating the medical
needs of the populations served through such entities and in the range of
pharmaceutical and biological medicines available for treating such
populations. The committee shall function under procedures established by the
Secretary under the regulations required by subsection (g).
`(2) Not later than 90 days after the establishment of the Pharmacy and
Therapeutics Committee by the Secretary, the committee shall convene to design
a proposed uniform formulary for submission to the Secretary. After such
90-day period, the committee shall meet at least quarterly and shall, during
meetings, consider for inclusion on the uniform formulary under the standards
established in subsection (a) any drugs newly approved by the Food and Drug
Administration.
`(c) ADVISORY PANEL- (1) Concurrent with the establishment of the Pharmacy
and Therapeutics Committee under subsection (b), the Secretary shall establish
a Uniform Formulary Beneficiary Advisory Panel to review and comment on the
development of the uniform formulary. The Secretary shall consider the
comments of the panel before implementing the uniform formulary or
implementing changes to the uniform formulary.
`(2) The Secretary shall determine the size and membership of the panel
established under paragraph (1), which shall include members that represent
nongovernmental organizations and associations that represent the views and
interests of a large number of eligible covered beneficiaries.
`(d) PROCEDURES- (1) In the operation of the pharmacy benefits program
under subsection (a), the Secretary of Defense shall assure through management
and new contractual arrangements that financial resources are aligned such
that the cost of prescriptions is borne by the organization that is
financially responsible for the health care of the eligible covered
beneficiary.
`(2) Not later than 6 months after the date of the enactment of this
section, the Secretary shall utilize a modification to the bid price
adjustment methodology in the current managed care support contracts to ensure
equitable and timely reimbursement to the TRICARE managed care support
contractors for pharmaceutical products delivered in the nonmilitary
environments. The methodology shall take into account the `at-risk' nature of
the contracts as well as managed care support contractor pharmacy costs
attributable to changes to pharmacy service or formulary management at
military medical treatment facilities, and other military activities and
policies that affect costs of pharmacy benefits provided through the Civilian
Health and Medical Program of the Uniformed Services. The methodology shall
also account for military treatment facility costs attributable to the
delivery of pharmaceutical products in the military facility environment which
were prescribed by a network provider.
`(e) PHARMACY DATA TRANSACTION SERVICE- Not later than April 1, 2000, the
Secretary of Defense shall implement the use of the Pharmacy Data Transaction
Service in all fixed facilities of the uniformed services under the
jurisdiction of the Secretary, the TRICARE retail pharmacy program, and the
national mail-order pharmacy program.
`(f) DEFINITIONS- As used in this section--
`(1) the term `eligible covered beneficiary' means a covered beneficiary
for whom eligibility to receive pharmacy benefits through the means
described in subsection (a)(2)(E) is established under this chapter or
another provision of law; and
`(2) the term `pharmaceutical agent' means drugs, biological products,
and medical devices under the regulatory authority of the Food and Drug
Administration.
`(g) REGULATIONS- The Secretary of Defense shall, after consultation with
the other administering Secretaries, promulgate regulations to carry out this
section.'.
(2) The table of sections at the beginning of such chapter is amended by
inserting after the item relating to section 1074f the following new item:
`1074g. Pharmacy benefits program.'.
(b) DEADLINE FOR ESTABLISHMENT OF COMMITTEE- Not later than 30 days after
the date of the enactment of this Act, the Secretary shall establish the
Pharmacy and Therapeutics Committee required by section 1074g(b) of title 10,
United States Code.
(c) REPORTS REQUIRED- Not later than April 1 and October 1 of fiscal years
2000 and 2001, the Secretary of Defense shall submit to Congress a report
on--
(1) implementation of the uniform formulary required under subsection
(a) of section 1074g of title 10, United States Code (as added by subsection
(a));
(2) the results of a confidential survey conducted by the Secretary of
prescribers for military medical treatment facilities and TRICARE
contractors to determine--
(A) during the most recent fiscal year, how often prescribers
attempted to prescribe non-formulary or non-preferred prescription drugs,
how often such prescribers were able to do so, and whether covered
beneficiaries were able to fill such prescriptions without undue
delay;
(B) the understanding by prescribers of the reasons that military
medical treatment facilities or civilian contractors preferred certain
pharmaceuticals to others; and
(C) the impact of any restrictions on access to non-formulary
prescriptions on the clinical decisions of the prescribers and the
aggregate cost, quality, and accessibility of health care provided to
covered beneficiaries;
(3) the operation of the Pharmacy Data Transaction Service required by
subsection (e) of such section 1074g; and
(4) any other actions taken by the Secretary to improve management of
the pharmacy benefits program under such section.
(d) STUDY FOR DESIGN OF PHARMACY BENEFIT FOR CERTAIN COVERED
BENEFICIARIES- (1) Not later than April 15, 2001, the Secretary of Defense
shall prepare and submit to Congress--
(A) a study on a design for a comprehensive pharmacy benefit for covered
beneficiaries under chapter 55 of title 10, United States Code, who are
entitled to benefits under part A, and enrolled under part B, of title XVIII
of the Social Security Act; and
(B) an estimate of the costs of implementing and operating such
design.
(2) The design described in paragraph (1)(A) shall incorporate the
elements of the pharmacy benefits program required to be established under
section 1074g of title 10, United States Code (as added by subsection (a)).
SEC. 702. PROVISION OF CHIROPRACTIC HEALTH CARE.
(a) IN GENERAL- Section 731 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 1092 note) is amended--
(1) in the heading, by striking `demonstration program';
(2) in subsection (a), by adding at the end the following new
paragraph:
`(4) During fiscal year 2000, the Secretary shall continue to furnish the
same chiropractic care in the military medical treatment facilities designated
pursuant to paragraph (2)(A) as the chiropractic care furnished during the
demonstration program.';
(A) in paragraph (3), by striking `Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives' and inserting `Committees on Armed Services of the Senate
and the House of Representatives'; and
(B) in paragraph (5), by striking `May 1, 2000' and inserting `January
31, 2000';
(i) by striking `; and' at the end of subparagraph (C) and inserting
a semicolon;
(ii) by striking the period at the end of subparagraph (D) and
inserting `; and'; and
(iii) by adding at the end the following new
subparagraph:
`(E) if the Secretary submits an implementation plan pursuant to
subsection (e), the preparation of such plan.'; and
(B) by adding at the end the following new paragraph:
`(5) The Secretary shall--
`(A) make full use of the oversight advisory committee in
preparing--
`(i) the final report on the demonstration program conducted under
this section; and
`(ii) the implementation plan described in subsection (e);
and
`(B) provide opportunities for members of the committee to provide views
as part of such final report and plan.';
(5) by redesignating subsection (e) as subsection (f); and
(6) by inserting after subsection (d) the following new
subsection:
`(e) IMPLEMENTATION PLAN- If the Secretary of Defense recommends in the
final report submitted under subsection (c) that chiropractic health care
services should be offered in medical care facilities of the Armed Forces or
as a health care service covered under the TRICARE program, the Secretary
shall, not later than March 31, 2000, submit to the Committees on Armed
Services of the House of Representatives and the Senate an implementation plan
for the full integration of chiropractic health care services into the
military health care system of the Department of Defense, including the
TRICARE program. Such implementation plan shall include--
`(1) a detailed analysis of the projected costs of fully integrating
chiropractic health care services into the military health care
system;
`(2) the proposed scope of practice for chiropractors who would provide
services to covered beneficiaries under chapter 55 of title 10, United
States Code;
`(3) the proposed military medical treatment facilities at which such
services would be provided;
`(4) the military readiness requirements for chiropractors who would
provide services to such covered beneficiaries; and
`(5) any other relevant factors that the Secretary considers
appropriate.'.
(b) CONFORMING AMENDMENT- The item relating to section 731 in the table of
contents at the beginning of such Act is amended to read as follows:
`731. Chiropractic health care.'.
SEC. 703. PROVISION OF DOMICILIARY AND CUSTODIAL CARE FOR CERTAIN
CHAMPUS BENEFICIARIES.
(a) CONTINUATION OF CARE- (1) The Secretary of Defense may, in any case in
which the Secretary makes the determination described in paragraph (2),
continue to provide payment under the Civilian Health and Medical Program of
the Uniformed Services (as defined in section 1072 of title 10, United States
Code), for domiciliary or custodial care services provided to an eligible
beneficiary that would otherwise be excluded from coverage under regulations
implementing section 1077(b)(1) of such title.
(2) A determination under this paragraph is a determination that
discontinuation of payment for domiciliary or custodial care services or
transition to provision of care under the individual case management program
authorized by section 1079(a)(17) of such title would be--
(A) inadequate to meet the needs of the eligible beneficiary; and
(B) unjust to such beneficiary.
(3) As used in this section, the term `eligible beneficiary' means a
covered beneficiary (as that term is defined in section 1072 of title 10,
United States Code) who, before the effective date of final regulations to
implement the individual case management program authorized by section
1079(a)(17) of such title, were provided domiciliary or custodial care
services for which the Secretary provided payment.
(b) PROHIBITION ON ESTABLISHMENT OF LIMITED TRANSITION PERIOD- The
Secretary of Defense shall not place a time limit on the period during which
the custodial care exclusions of the Department of Defense may be waived as
part of the case management program of the Department.
(c) SURVEY OF CASE MANAGEMENT AND CUSTODIAL CARE POLICIES- The Secretary
of Defense shall conduct a survey of federally funded and State funded
programs for the medical care and management of persons whose care is
considered to be custodial in nature. The survey shall examine, but shall not
be limited to--
(1) a comparison of the case management program of the Department of
Defense with similar Federal and State programs; and
(2) a comparison between the case management program of the Department
of Defense and the case management and custodial care coverage offered by at
least 10 of the most subscribed private health insurance plans in the
Federal Employees Health Benefits Program (at least 5 of which shall be
managed care organizations), as determined in consultation with the Office
of Personnel Management.
(d) REPORT ON SURVEY OF CASE MANAGEMENT AND CUSTODIAL CARE POLICIES- Not
later than March 31, 2000, the Secretary shall submit a report on the survey
required by subsection (c) to Congress. The Secretary shall include in the
report any recommendations for legislative changes that the Secretary
determines necessary to facilitate the case management of the Department of
Defense, and a plan for any regulatory changes determined necessary by the
Secretary. Such plan shall include any regulatory provisions that the
Secretary determines necessary to address equitably the unique needs of the
family members of active duty military personnel and to ensure the full
integration of the case management program of the Department of Defense with
other available family support services activities.
SEC. 704. ENHANCEMENT OF DENTAL BENEFITS FOR RETIREES.
Subsection (d) of section 1076c of title 10, United States Code, is
amended to read as follows:
`(d) BENEFITS AVAILABLE UNDER THE PLAN- The dental insurance plan
established under subsection (a) shall provide benefits for dental care and
treatment which may be comparable to the benefits authorized under section
1076a of this title for plans established under that section and shall include
diagnostic services, preventative services, endodontics and other basic
restorative services, surgical services, and emergency services.'.
SEC. 705. MEDICAL AND DENTAL CARE FOR CERTAIN MEMBERS INCURRING INJURIES
ON INACTIVE-DUTY TRAINING.
(a) ORDER TO ACTIVE DUTY AUTHORIZED- (1) Chapter 1209 of title 10, United
States Code, is amended by adding at the end the following:
`Sec. 12322. Active duty for health care
`A member of a uniformed service described in paragraph (1)(B) or (2)(B)
of section 1074a(a) of this title may be ordered to active duty, and a member
of a uniformed service described in paragraph (1)(A) or (2)(A) of such section
may be continued on active duty, for a period of more than 30 days while the
member is being treated for (or recovering from) an injury, illness, or
disease incurred or aggravated in the line of duty as described in any of such
paragraphs.'.
(2) The table of sections at the beginning of such chapter is amended by
adding at the end the following:
`12322. Active duty for health care.'.
(b) MEDICAL AND DENTAL CARE FOR MEMBERS- Subsection (e) of section 1074a
of such title is amended to read as follows:
`(e)(1) A member of a uniformed service on active duty for health care or
recuperation reasons, as described in paragraph (2), is entitled to medical
and dental care on the same basis and to the same extent as members covered by
section 1074(a) of this title while the member remains on active duty.
`(2) Paragraph (1) applies to a member described in paragraph (1) or (2)
of subsection (a) who, while being treated for (or recovering from) an injury,
illness, or disease incurred or aggravated in the line of duty, is continued
on active duty pursuant to a modification or extension of orders, or is
ordered to active duty, so as to result in active duty for a period of more
than 30 days.'.
(c) MEDICAL AND DENTAL CARE FOR DEPENDENTS- Subparagraph (D) of section
1076(a)(2) of such title is amended to read as follows:
`(D) A member on active duty who is entitled to benefits under
subsection (e) of section 1074a of this title by reason of paragraph (1),
(2), or (3) of subsection (a) of such section.'.
SEC. 706. HEALTH CARE AT FORMER UNIFORMED SERVICES TREATMENT FACILITIES
FOR ACTIVE DUTY MEMBERS STATIONED AT CERTAIN REMOTE LOCATIONS.
(a) AUTHORITY- Health care may be furnished by a designated provider
pursuant to any contract entered into by the designated provider under section
722(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104-201; 10 U.S.C. 1073 note) to eligible members who reside within the
service area of the designated provider.
(b) ELIGIBILITY- A member of the Armed Forces is eligible for health care
under subsection (a) if the member is a member described in section 731(c) of
the National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 111 Stat. 1811; 10 U.S.C. 1074 note).
(c) APPLICABLE POLICIES- In furnishing health care to an eligible member
under subsection (a), a designated provider shall adhere to the Department of
Defense policies applicable to the furnishing of care under the TRICARE Prime
Remote program, including coordinating with uniformed services medical
authorities for hospitalizations and all referrals for specialty care.
(d) REIMBURSEMENT RATES- The Secretary of Defense, in consultation with
the designated providers, shall prescribe reimbursement rates for care
furnished to eligible members under subsection (a). The rates prescribed for
health care may not exceed the amounts allowable under the TRICARE Standard
plan for the same care.
SEC. 707. OPEN ENROLLMENT DEMONSTRATION PROGRAM.
Section 724 of the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 10 U.S.C. 1073 note) is amended by adding at the end the
following:
`(g) OPEN ENROLLMENT DEMONSTRATION PROGRAM- (1) The Secretary of Defense
shall conduct a demonstration program under which covered beneficiaries shall
be permitted to enroll at any time in a managed care plan offered by a
designated provider consistent with the enrollment requirements for the
TRICARE Prime option under the TRICARE program, but without regard to the
limitation in subsection (b). The demonstration program under this subsection
shall cover designated providers, selected by the Secretary of Defense, and
the service areas of the designated providers.
`(2) The demonstration program carried out under this section shall
commence on October 1, 1999, and end on September 30, 2001.
`(3) Not later than March 15, 2001, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives a report on the demonstration program carried out under this
subsection. The report shall include, at a minimum, an evaluation of the
benefits of the open enrollment opportunity to covered beneficiaries and a
recommendation on whether to authorize open enrollments in the managed care
plans of designated providers permanently.'.
Subtitle B--TRICARE Program
SEC. 711. EXPANSION AND REVISION OF AUTHORITY FOR DENTAL PROGRAMS FOR
DEPENDENTS AND RESERVES.
(a) AUTHORITY- Chapter 55 of title 10, United States Code, is amended by
striking sections 1076a and 1076b and inserting the following:
`Sec. 1076a. TRICARE dental program
`(a) ESTABLISHMENT OF DENTAL PLANS- The Secretary of Defense may
establish, and in the case of the dental plan described in paragraph (1) shall
establish, the following voluntary enrollment dental plans:
`(1) PLAN FOR SELECTED RESERVE AND INDIVIDUAL READY RESERVE- A dental
insurance plan for members of the Selected Reserve of the Ready Reserve and
for members of the Individual Ready Reserve described in subsection 10144(b)
of this title.
`(2) PLAN FOR OTHER RESERVES- A dental insurance plan for members of the
Individual Ready Reserve not eligible to enroll in the plan established
under paragraph (1).
`(3) PLAN FOR ACTIVE DUTY DEPENDENTS- Dental benefits plans for eligible
dependents of members of the uniformed services who are on active duty for a
period of more than 30 days.
`(4) PLAN FOR READY RESERVE DEPENDENTS- A dental benefits plan for
eligible dependents of members of the Ready Reserve of the reserve
components who are not on active duty for more than 30 days.
`(b) ADMINISTRATION OF PLANS- The plans established under this section
shall be administered under regulations prescribed by the Secretary of Defense
in consultation with the other administering Secretaries.
`(c) CARE AVAILABLE UNDER PLANS- Dental plans established under subsection
(a) may provide for the following dental care:
`(1) Diagnostic, oral examination, and preventive services and
palliative emergency care.
`(2) Basic restorative services of amalgam and composite restorations,
stainless steel crowns for primary teeth, and dental appliance
repairs.
`(3) Orthodontic services, crowns, gold fillings, bridges, complete or
partial dentures, and such other services as the Secretary of Defense
considers to be appropriate.
`(1) PREMIUM SHARING PLANS- (A) The dental insurance plan established
under subsection (a)(1) and the dental benefits plans established under
subsection (a)(3) are premium sharing plans.
`(B) Members enrolled in a premium sharing plan for themselves or for
their dependents shall be required to pay a share of the premium charged for
the benefits provided under the plan. The member's share of the premium
charge may not exceed $20 per month for the enrollment.
`(C) Effective as of January 1 of each year, the amount of the premium
required under subparagraph (A) shall be increased by the percent equal to
the lesser of--
`(i) the percent by which the rates of basic pay of members of the
uniformed services are increased on such date; or
`(ii) the sum of one-half percent and the percent computed under
section 5303(a) of title 5 for the increase in rates of basic pay for
statutory pay systems for pay periods beginning on or after such
date.
`(D) The Secretary of Defense may reduce the monthly premium required to
be paid under paragraph (1) in the case of enlisted members in pay grade
E-1, E-2, E-3, or E-4 if the Secretary determines that such a reduction is
appropriate to assist such members to participate in a dental plan referred
to in subparagraph (A).
`(2) FULL PREMIUM PLANS- (A) The dental insurance plan established under
subsection (a)(2) and the dental benefits plan established under subsection
(a)(4) are full premium plans.
`(B) Members enrolled in a full premium plan for themselves or for their
dependents shall be required to pay the entire premium charged for the
benefits provided under the plan.
`(3) PAYMENT PROCEDURES- A member's share of the premium for a plan
established under subsection (a) may be paid by deductions from the basic
pay of the member and from compensation paid under section 206 of title 37,
as the case may be. The regulations prescribed under subsection (b) shall
specify the procedures for payment of the premiums by enrollees who do not
receive such pay.
`(e) COPAYMENTS UNDER PREMIUM SHARING PLANS- A member or dependent who
receives dental care under a premium sharing plan referred to in subsection
(d)(1) shall--
`(1) in the case of care described in subsection (c)(1), pay no charge
for the care;
`(2) in the case of care described in subsection (c)(2), pay 20 percent
of the charges for the care; and
`(3) in the case of care described in subsection (c)(3), pay a
percentage of the charges for the care that is determined appropriate by the
Secretary of Defense, after consultation with the other administering
Secretaries.
`(f) TRANSFER OF MEMBERS- If a member whose dependents are enrolled in the
plan established under subsection (a)(3) is transferred to a duty station
where dental care is provided to the member's eligible dependents under a
program other than that plan, the member may discontinue participation under
the plan. If the member is later transferred to a duty station where dental
care is not provided to such member's eligible dependents except under the
plan established under subsection (a)(3), the member may re-enroll the
dependents in that plan.
`(g) CARE OUTSIDE THE UNITED STATES- The Secretary of Defense may exercise
the authority provided under subsection (a) to establish dental insurance
plans and dental benefits plans for dental benefits provided outside the
United States for the eligible members and dependents of members of the
uniformed services. In the case of such an overseas dental plan, the Secretary
may waive or reduce any copayments required by subsection (e) to the extent
the Secretary determines appropriate for the effective and efficient operation
of the plan.
`(h) WAIVER OF REQUIREMENTS FOR SURVIVING DEPENDENTS- The Secretary of
Defense may waive (in whole or in part) any requirements of a dental plan
established under this section as the Secretary determines necessary for the
effective administration of the plan for a dependent who is an eligible
dependent described in subsection (k)(2).
`(i) AUTHORITY SUBJECT TO APPROPRIATIONS- The authority of the Secretary
of Defense to enter into a contract under this section for any fiscal year is
subject to the availability of appropriations for that purpose.
`(j) LIMITATION ON REDUCTION OF BENEFITS- The Secretary of Defense may not
reduce benefits provided under a plan established under this section
until--
`(1) the Secretary provides notice of the Secretary's intent to reduce
such benefits to the Committees on Armed Services of the Senate and the
House of Representatives; and
`(2) one year has elapsed following the date of such notice.
`(k) ELIGIBLE DEPENDENT DEFINED- In this section, the term `eligible
dependent'--
`(1) means a dependent described in subparagraph (A), (D), or (I) of
section 1072(2) of this title; and
`(2) includes any such dependent of a member who dies while on active
duty for a period of more than 30 days or a member of the Ready Reserve if
the dependent is enrolled on the date of the death of the member in a dental
benefits plan established under subsection (a), except that the term does
not include the dependent after the end of the one-year period beginning on
the date of the member's death.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter
55 of such title is amended by striking out the items relating to sections
1076a and 1076b and inserting the following:
`1076a. TRICARE dental program.'.
SEC. 712. IMPROVEMENT OF ACCESS TO HEALTH CARE UNDER THE TRICARE
PROGRAM.
(a) ACCESS- The Secretary of Defense shall, to the maximum extent
practicable, minimize the authorization and certification requirements imposed
on covered beneficiaries under the TRICARE program as a condition of access to
benefits under that program.
(b) REPORT ON INITIATIVES TO IMPROVE ACCESS- Not later than March 31,
2000, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on specific
actions taken to--
(1) reduce the requirements for preauthorization for care under the
TRICARE program;
(2) reduce the requirements for beneficiaries to obtain preventive
services, such as obstetric or gynecologic examinations, mammograms for
females over 35 years of age, and urological examinations for males over the
age of 60 without preauthorization; and
(3) reduce the requirements for statements of nonavailability of
services.
(c) REQUIREMENT TO PROVIDE STATEMENT- Section 1080(b) of title 10, United
States Code, is amended by adding at the end the following new sentence:
`Notwithstanding any other provision of law, with respect to obstetrics and
gynecological care for beneficiaries not enrolled in a managed care plan
offered pursuant to any contract or agreement under this chapter, a
nonavailability-of-health-care statement shall be required for receipt of
health care services related to outpatient prenatal, outpatient or inpatient
delivery, and outpatient post-partum care subsequent to the visit which
confirms the pregnancy.'.
SEC. 713. IMPROVEMENTS TO CLAIMS PROCESSING UNDER THE TRICARE
PROGRAM.
(a) IN GENERAL- (1) Chapter 55 of title 10, United States Code, is amended
by inserting after section 1095b the following new section:
`Sec. 1095c. TRICARE program: facilitation of processing of claims
`(a) REDUCTION OF PROCESSING TIME- (1) With respect to claims for payment
for medical care provided under the TRICARE program, the Secretary of Defense
shall implement a system for processing of claims under which--
`(A) 95 percent of all clean claims must be processed not later than 30
days after the date that such claims are submitted to the claims processor;
and
`(B) 100 percent of all clean claims must be processed not later than
100 days after the date that such claims are submitted to the claims
processor.
`(2) The Secretary may, under the system required by paragraph (1) and
consistent with the provisions in chapter 39 of title 31 (commonly referred to
as the `Prompt Payment Act'), require that interest be paid on clean claims
that are not processed within 30 days.
`(3) For purposes of this subsection, the term `clean claim' means a claim
that has no defect, impropriety (including a lack of any required
substantiating documentation), or particular circumstance requiring special
treatment that prevents timely payment on the claim under this section.
`(b) REQUIREMENT TO PROVIDE START-UP TIME FOR CERTAIN CONTRACTORS- (1) The
Secretary of Defense shall not require that a contractor described in
paragraph (2) begin to provide managed care support pursuant to a contract to
provide such support under the TRICARE program until at least nine months
after the date of the award of the contract. In such case the contractor may
begin to provide managed care support pursuant to the contract as soon as
practicable after the award of the contract, but in no case later than one
year after the date of such award.
`(2) A contractor under this paragraph is a contractor who is awarded a
contract to provide managed care support under the TRICARE program--
`(A) who has not previously been awarded such a contract by the
Department of Defense; or
`(B) who has previously been awarded such a contract by the Department
of Defense but for whom the subcontractors have not previously been awarded
the subcontracts for such a contract.
`(c) INCENTIVES FOR ELECTRONIC PROCESSING- The Secretary of Defense shall
require that new contracts for managed care support under the TRICARE program
provide that the contractor be permitted to provide financial incentives to
health care providers who file claims for payment electronically.'.
(2) The table of sections at the beginning of such chapter is amended by
inserting after the item relating to section 1095b the following new item:
`1095c. TRICARE program: facilitation of processing of claims.'.
(b) REPORT- Not later than 6 months after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a report on--
(1) the status of claims processing backlogs in each TRICARE
region;
(2) the estimated time frame for resolution of such backlogs;
(3) efforts to reduce the number of change orders with respect to
contracts to provide managed care support under the TRICARE program and to
make such change orders in groups on a quarterly basis rather than one at a
time;
(4) the extent of success in simplifying claims processing procedures
through reduction of reliance of the Department of Defense on, and the
complexity of, the health care service record;
(5) application of best industry practices with respect to claims
processing, including electronic claims processing; and
(6) any other initiatives of the Department of Defense to improve claims
processing procedures.
(c) DEADLINE FOR IMPLEMENTATION- The system for processing claims required
under section 1095c(a) of title 10, United States Code (as added by subsection
(a)), shall be implemented not later than 6 months after the date of the
enactment of this Act.
(d) APPLICABILITY- Section 1095c(b) of title 10, United States Code (as
added by subsection (a)), shall apply with respect to any contract to provide
managed care support under the TRICARE program negotiated after the date of
the enactment of this Act.
SEC. 714. AUTHORITY TO WAIVE CERTAIN TRICARE DEDUCTIBLES.
(a) IN GENERAL- Chapter 55 of title 10, United States Code, is amended by
inserting after section 1095c (as added by section 713) the following new
section:
`Sec. 1095d. TRICARE program: waiver of certain deductibles
`(a) WAIVER AUTHORIZED- The Secretary of Defense may waive the deductible
payable for medical care provided under the TRICARE program to an eligible
dependent of--
`(1) a member of a reserve component on active duty pursuant to a call
or order to active duty for a period of less than one year; or
`(2) a member of the National Guard on full-time National Guard duty
pursuant to a call or order to full-time National Guard duty for a period of
less than one year.
`(b) ELIGIBLE DEPENDENT- As used in this section, the term `eligible
dependent' means a dependent described in subparagraphs (A), (D), or (I) of
section 1072(2) of this title.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by inserting after the item relating to section 1095c the
following new item:
`1095d. TRICARE program: waiver of certain deductibles.'.
SEC. 715. TRICARE BENEFICIARY COUNSELING AND ASSISTANCE
COORDINATORS.
(a) ESTABLISHMENT OF POSITIONS- (1) Chapter 55 of title 10, United States
Code, is amended by inserting after section 1095d (as added by section 714)
the following new section:
`Sec. 1095e. TRICARE program: beneficiary counseling and assistance
coordinators
`(a) ESTABLISHMENT OF POSITIONS- The Secretary of Defense shall require in
regulations that--
`(1) each lead agent under the TRICARE program--
`(A) designate a person to serve full-time as a beneficiary counseling
and assistance coordinator for beneficiaries under the TRICARE program;
and
`(B) provide for toll-free telephone communication between such
beneficiaries and the beneficiary counseling and assistance coordinator;
and
`(2) the commander of each military medical treatment facility under
this chapter designate a person to serve, as a primary or collateral duty,
as beneficiary counseling and assistance coordinator for beneficiaries under
the TRICARE program served at that facility.
`(b) DUTIES- The Secretary shall prescribe the duties of the position of
beneficiary counseling and assistance coordinator in the regulations required
by subsection (a).'.
(2) The table of sections at the beginning of such chapter is amended by
inserting after the item relating to section 1095d the following new item:
`1095e. TRICARE program: beneficiary counseling and assistance
coordinators.'.
(b) DEADLINE FOR INITIAL DESIGNATIONS- Each beneficiary counseling and
assistance coordinator required under the regulations described in section
1095e(a) of title 10, United States Code (as added by subsection (a)), shall
be designated not later than January 15, 2000.
SEC. 716. IMPROVEMENT OF TRICARE MANAGEMENT; IMPROVEMENTS TO THIRD-PARTY
PAYER COLLECTION PROGRAM.
(a) IMPROVEMENT OF TRICARE PROGRAM- (1) Chapter 55 of title 10, United
States Code, is amended by inserting after section 1097a the following new
section:
`Sec. 1097b. TRICARE program: financial management
`(a) REIMBURSEMENT OF PROVIDERS- (1) Subject to paragraph (2), the
Secretary of Defense may reimburse health care providers under the TRICARE
program at rates higher than the reimbursement rates otherwise authorized for
the providers under that program if the Secretary determines that application
of the higher rates is necessary in order to ensure the availability of an
adequate number of qualified health care providers under that program.
`(2) The amount of reimbursement provided under paragraph (1) with respect
to a health care service may not exceed the lesser of the following:
`(A) The amount equal to the local fee for service charge for the
service in the service area in which the service is provided as determined
by the Secretary based on one or more of the following payment rates:
`(i) Usual, customary, and reasonable.
`(ii) The Health Care Finance Administration's Resource Based Relative
Value Scale.
`(iii) Negotiated fee schedules.
`(v) Sliding scale individual fee allowances.
`(B) The amount equal to 115 percent of the CHAMPUS maximum allowable
charge for the service.
`(b) THIRD-PARTY COLLECTIONS- (1) A medical treatment facility of the
uniformed services under the TRICARE program has the same right as the United
States under section 1095 of this title to collect from a third-party payer
the reasonable charges for health care services described in paragraph (2)
that are incurred by the facility on behalf of a covered beneficiary under
that program.
`(2) The Secretary of Defense shall prescribe regulations for the
administration of this subsection. The regulations shall set forth the method
to be used for the computation of the reasonable charges for inpatient,
outpatient, and other health care services. The method of computation may
be--
`(A) a method that is based on--
`(ii) all-inclusive rates for each visit;
`(iii) diagnosis-related groups; or
`(iv) rates prescribed under the regulations implementing sections
1079 and 1086 of this title; or
`(B) any other method considered appropriate.
`(c) CONSULTATION REQUIREMENT- The Secretary of Defense shall carry out
the responsibilities under this section after consultation with the other
administering Secretaries.'.
(2) The table of sections at the beginning of chapter 55 of such title is
amended by inserting after the item relating to section 1097a the following
new item:
`1097b. TRICARE program: financial management.'.
(b) REPORT ON IMPLEMENTATION- (1) Not later than 6 months after the date
of the enactment of this Act, the Secretary of Defense, in consultation with
the other administering Secretaries, shall submit to Congress a report
assessing the effects of the implementation of the requirements and
authorities set forth in sections 1097b of title 10, United States Code (as
added by subsection (a)).
(2) The report shall include the following:
(A) An assessment of the cost of the implementation of such requirements
and authorities.
(B) An assessment of whether the implementation of any such requirements
and authorities will result in the utilization by the TRICARE program of the
best industry practices with respect to the matters covered by such
requirements and authorities.
(3) In this subsection, the term `administering Secretaries' has the
meaning given that term in section 1072(3) of title 10, United States Code.
(c) IMPROVEMENT TO THIRD-PARTY COLLECTION PROGRAM- (1) Section 1095 of
title 10, United States Code, is amended--
(A) in subsection (a)(1)--
(i) by striking `the reasonable costs of' and inserting `reasonable
charges for';
(ii) by striking `such costs' and inserting `such charges';
and
(iii) by striking `the reasonable cost of' and inserting `a reasonable
charge for';
(B) in subsection (g), by striking `the costs of'; and
(C) in subsection (h)(1), by striking the first sentence and inserting
`The term `third-party payer' means an entity that provides an insurance,
medical service, or health plan by contract or agreement, including an
automobile liability insurance or no fault insurance carrier, and any other
plan or program that is designed to provide compensation or coverage for
expenses incurred by a beneficiary for health care services or
products.'.
(2) Section 1095b(b) of title 10, United States Code, is amended by
striking the first and second sentences after the heading and inserting the
following: `The United States shall have the same right to collect charges
related to claims described in subsection (a) as charges for claims under
section 1095 of this title.'.
(d) EFFECTIVE DATE- The amendments made by subsection (a) shall take
effect one year after the date of the enactment of this Act.
SEC. 717. COMPARATIVE REPORT ON HEALTH CARE COVERAGE UNDER THE TRICARE
PROGRAM.
Not later than March 31, 2000, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report including a comparison of health care coverage
available through the TRICARE program with the coverage available under
similar health benefits plans offered under the Federal Employees Health
Benefits program established under chapter 89 of title 5, United States Code.
Such comparison shall include, but not be limited to, a comparison of cost
sharing requirements, overall costs to beneficiaries, covered benefits, and
exclusions from coverage.
Subtitle C--Other Matters
SEC. 721. FORENSIC PATHOLOGY INVESTIGATIONS BY ARMED FORCES MEDICAL
EXAMINER.
(a) INVESTIGATION AUTHORITY- Chapter 75 of title 10, United States Code,
is amended by striking the heading for the chapter and inserting the
following:
`CHAPTER 75--DECEASED PERSONNEL
`Subchapter
--Sec.
1471
1475
`SUBCHAPTER I--DEATH INVESTIGATIONS
`1471. Forensic pathology investigations.
`Sec. 1471. Forensic pathology investigations
`(a) AUTHORITY- Under regulations prescribed by the Secretary of Defense,
the Armed Forces Medical Examiner may conduct a forensic pathology
investigation to determine the cause or manner of death of a deceased person
if such an investigation is determined to be justified under circumstances
described in subsection (b). The investigation may include an autopsy of the
decedent's remains.
`(b) BASIS FOR INVESTIGATION- (1) A forensic pathology investigation of a
death under this section is justified if at least one of the circumstances in
paragraph (2) and one of the circumstances in paragraph (3) exist.
`(2) A circumstance under this paragraph is a circumstance under
which--
`(A) it appears that the decedent was killed or that, whatever the cause
of the decedent's death, the cause was unnatural;
`(B) the cause or manner of death is unknown;
`(C) there is reasonable suspicion that the death was by unlawful
means;
`(D) it appears that the death resulted from an infectious disease or
from the effects of a hazardous material that may have an adverse effect on
the military installation or community involved; or
`(E) the identity of the decedent is unknown.
`(3) A circumstance under this paragraph is a circumstance under
which--
`(i) was found dead or died at an installation garrisoned by units of
the armed forces that is under the exclusive jurisdiction of the United
States;
`(ii) was a member of the armed forces on active duty or inactive duty
for training;
`(iii) was recently retired under chapter 61 of this title as a result
of an injury or illness incurred while a member on active duty or inactive
duty for training; or
`(iv) was a civilian dependent of a member of the armed forces and was
found dead or died outside the United States;
`(B) in any other authorized Department of Defense investigation of
matters which involves the death, a factual determination of the cause or
manner of the death is necessary; or
`(C) in any other authorized investigation being conducted by the
Federal Bureau of Investigation, the National Transportation Safety Board,
or any other Federal agency, an authorized official of such agency with
authority to direct a forensic pathology investigation requests that the
Armed Forces Medical Examiner conduct such an investigation.
`(c) DETERMINATION OF JUSTIFICATION- (1) Subject to paragraph (2), the
determination that a circumstance exists under paragraph (2) of subsection (b)
shall be made by the Armed Forces Medical Examiner.
`(2) A commander may make the determination that a circumstance exists
under paragraph (2) of subsection (b) and require a forensic pathology
investigation under this section without regard to a determination made by the
Armed Forces Medical Examiner if--
`(A) in a case involving circumstances described in paragraph (3)(A)(i)
of that subsection, the commander is the commander of the installation where
the decedent was found dead or died; or
`(B) in a case involving circumstances described in paragraph (3)(A)(ii)
of that subsection, the commander is the commander of the decedent's unit at
a level in the chain of command designated for such purpose in the
regulations prescribed by the Secretary of Defense.
`(d) LIMITATION IN CONCURRENT JURISDICTION CASES- (1) The exercise of
authority under this section is subject to the exercise of primary
jurisdiction for the investigation of a death--
`(A) in the case of a death in a State, by the State or a local
government of the State; or
`(B) in the case of a death in a foreign country, by that foreign
country under any applicable treaty, status of forces agreement, or other
international agreement between the United States and that foreign
country.
`(2) Paragraph (1) does not limit the authority of the Armed Forces
Medical Examiner to conduct a forensic pathology investigation of a death that
is subject to the exercise of primary jurisdiction by another sovereign if the
investigation by the other sovereign is concluded without a forensic pathology
investigation that the Armed Forces Medical Examiner considers complete. For
the purposes of the preceding sentence a forensic pathology investigation is
incomplete if the investigation does not include an autopsy of the
decedent.
`(e) PROCEDURES- For a forensic pathology investigation under this
section, the Armed Forces Medical Examiner shall--
`(1) designate one or more qualified pathologists to conduct the
investigation;
`(2) to the extent practicable and consistent with responsibilities
under this section, give due regard to any applicable law protecting
religious beliefs;
`(3) as soon as practicable, notify the decedent's family, if known,
that the forensic pathology investigation is being conducted;
`(4) as soon as practicable after the completion of the investigation,
authorize release of the decedent's remains to the family, if known;
and
`(5) promptly report the results of the forensic pathology investigation
to the official responsible for the overall investigation of the
death.
`(f) DEFINITION OF STATE- In this section, the term `State' includes the
District of Columbia, the Commonwealth of Puerto Rico, and Guam.'.
(b) REPEAL OF AUTHORITY FOR EXISTING INQUEST PROCEDURES- Sections 4711 and
9711 of title 10, United States Code, are repealed.
(c) TECHNICAL AND CLERICAL AMENDMENTS- (1) Chapter 75 of such title, as
amended by subsection (a), is further amended by inserting before section 1475
the following:
`SUBCHAPTER II--DEATH BENEFITS'.
(2) The item relating to chapter 75 in the tables of chapters at the
beginning of subtitle A of such title and at the beginning of part II of such
subtitle is amended to read as follows:
1471'.
(3) The table of sections at the beginning of chapter 445 of such title is
amended by striking the item relating to section 4711.
(4) The table of sections at the beginning of chapter 945 of such title is
amended by striking the item relating to section 9711.
(5) The heading for chapter 445 of such title is amended to read as
follows:
`CHAPTER 445--DISPOSITION OF EFFECTS OF DECEASED PERSONS; CAPTURED
FLAGS'.
(6) The heading for chapter 945 of such title is amended to read as
follows:
`CHAPTER 945--DISPOSITION OF EFFECTS OF DECEASED PERSONS'.
(7) The item relating to chapter 445 in the tables of chapters at the
beginning of subtitle B of such title and at the beginning of part IV of such
subtitle is amended to read as follows:
4712'.
(8) The item relating to chapter 945 in the tables of chapters at the
beginning of subtitle D of such title and at the beginning of part IV of such
subtitle is amended to read as follows:
9712'.
SEC. 722. BEST VALUE CONTRACTING.
(a) AUTHORITY- Chapter 55 of title 10, United States Code, is amended by
inserting after section 1073 the following:
`Sec. 1073a. Contracts for health care: best value contracting
`(a) AUTHORITY- Under regulations prescribed by the administering
Secretaries, health care contracts shall be awarded in the administration of
this chapter to the offeror or offerors that will provide the best value to
the United States to the maximum extent consistent with furnishing
high-quality health care in a manner that protects the fiscal and other
interests of the United States.
`(b) FACTORS CONSIDERED- In the determination of best value under
subsection (a)--
`(1) consideration shall be given to the factors specified in the
regulations; and
`(2) greater weight shall be accorded to technical and
performance-related factors than to cost and price-related factors.
`(c) APPLICABILITY- The authority under the regulations prescribed under
subsection (a) shall apply to any contract in excess of $5,000,000.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by inserting after the item relating to section 1073 the
following:
`1073a. Contracts for health care: best value contracting.'.
SEC. 723. HEALTH CARE QUALITY INFORMATION AND TECHNOLOGY
ENHANCEMENT.
(a) PURPOSE- The purpose of this section is to ensure that the Department
of Defense addresses issues of medical quality surveillance and implements
solutions for those issues in a timely manner that is consistent with national
policy and industry standards.
(b) DEPARTMENT OF DEFENSE PROGRAM FOR MEDICAL INFORMATICS AND DATA- The
Secretary of Defense shall establish a Department of Defense program, the
purposes of which shall be the following:
(1) To develop parameters for assessing the quality of health care
information.
(2) To develop the defense digital patient record.
(3) To develop a repository for data on quality of health care.
(4) To develop capability for conducting research on quality of health
care.
(5) To conduct research on matters of quality of health care.
(6) To develop decision support tools for health care providers.
(7) To refine medical performance report cards.
(8) To conduct educational programs on medical informatics to meet
identified needs.
(c) AUTOMATION AND CAPTURE OF CLINICAL DATA- (1) Through the program
established under subsection (b), the Secretary of Defense shall accelerate
the efforts of the Department of Defense to automate, capture, and exchange
controlled clinical data and present providers with clinical guidance using a
personal information carrier, clinical lexicon, or digital patient record.
(2) The program shall serve as a primary resource for the Department of
Defense for matters concerning the capture, processing, and dissemination of
data on health care quality.
(d) MEDICAL INFORMATICS ADVISORY COMMITTEE- (1) The Secretary of Defense
shall establish a Medical Informatics Advisory Committee (hereinafter referred
to as the `Committee'), the members of which shall be the following:
(A) The Assistant Secretary of Defense for Health Affairs.
(B) The Director of the TRICARE Management Activity of the Department of
Defense.
(C) The Surgeon General of the Army.
(D) The Surgeon General of the Navy.
(E) The Surgeon General of the Air Force.
(F) Representatives of the Department of Veterans Affairs, designated by
the Secretary of Veterans Affairs.
(G) Representatives of the Department of Health and Human Services,
designated by the Secretary of Health and Human Services.
(H) Any additional members appointed by the Secretary of Defense to
represent health care insurers and managed care organizations, academic
health institutions, health care providers (including representatives of
physicians and representatives of hospitals), and accreditors of health care
plans and organizations.
(2) The primary mission of the Committee shall be to advise the Secretary
on the development, deployment, and maintenance of health care informatics
systems that allow for the collection, exchange, and processing of health care
quality information for the Department of Defense in coordination with other
Federal departments and agencies and with the private sector.
(3) Specific areas of responsibility of the Committee shall include
advising the Secretary on the following:
(A) The ability of the medical informatics systems at the Department of
Defense and Department of Veterans Affairs to monitor, evaluate, and improve
the quality of care provided to beneficiaries.
(B) The coordination of key components of medical informatics systems,
including digital patient records, both within the Federal Government and
between the Federal Government and the private sector.
(C) The development of operational capabilities for executive
information systems and clinical decision support systems within the
Department of Defense and Department of Veterans Affairs.
(D) Standardization of processes used to collect, evaluate, and
disseminate health care quality information.
(E) Refinement of methodologies by which the quality of health care
provided within the Department of Defense and Department of Veterans Affairs
is evaluated.
(F) Protecting the confidentiality of personal health information.
(4) The Assistant Secretary of Defense for Health Affairs shall consult
with the Committee on the issues described in paragraph (3).
(5) The Secretary of Defense shall submit to Congress an annual report on
the activities of the Committee and on the coordination of development,
deployment, and maintenance of health care informatics systems within the
Federal Government, and between the Federal Government and the private
sector.
(6) Members of the Committee shall not be paid by reason of their service
on the Committee.
(7) The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
the Committee.
(e) ANNUAL REPORT- The Assistant Secretary of Defense for Health Affairs
shall submit to Congress on an annual basis a report on the quality of health
care furnished under the health care programs of the Department of Defense.
The report shall cover the most recent fiscal year ending before the date the
report is submitted and shall contain a discussion of the quality of the
health care measured on the basis of each statistical and customer
satisfaction factor that the Assistant Secretary determines appropriate,
including, at a minimum, a discussion of the following:
(2) The extent of use of health report cards.
(3) The extent of use of standard clinical pathways.
(4) The extent of use of innovative processes for surveillance.
SEC. 724. JOINT TELEMEDICINE AND TELEPHARMACY DEMONSTRATION PROJECTS BY
THE DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS.
(a) IN GENERAL- The Secretary of Defense and the Secretary of Veterans
Affairs may carry out joint demonstration projects for purposes of evaluating
the feasibility and practicability of using telecommunications to provide
health care services and pharmacy services.
(b) SERVICES TO BE PROVIDED- The services provided under the demonstration
projects may include the following:
(1) Radiology and imaging services.
(4) Clinical pharmacy services.
(5) Any other health care services or pharmacy services designated by
the Secretaries.
(c) SELECTION OF LOCATIONS- (1) The Secretaries may carry out the
demonstration projects described in subsection (a) at not more than five
locations selected by the Secretaries from locations in which are located both
a uniformed services treatment facility and a Department of Veterans Affairs
medical center that are affiliated with academic institutions having a
demonstrated expertise in the provision of health care services or pharmacy
services by means of telecommunications.
(2) Representatives of a facility and medical center selected under
paragraph (1) shall, to the maximum extent practicable, carry out the
demonstration project in consultation with representatives of the academic
institution or institutions with which affiliated.
(d) PERIOD OF DEMONSTRATION PROJECTS- The Secretaries may carry out the
demonstration projects during the three-year period beginning on October 1,
1999.
(e) REPORT- Not later than December 31, 2002, the Secretaries shall
jointly submit to Congress a report on the demonstration projects. The report
shall include--
(1) a description of each demonstration project; and
(2) an evaluation, based on the demonstration projects, of the
feasibility and practicability of using telecommunications to provide health
care services and pharmacy services, including the provision of such
services to field hospitals of the Armed Forces and to Department of
Veterans Affairs outpatient health care clinics.
SEC. 725. PROGRAM-YEAR STABILITY IN HEALTH CARE BENEFITS.
Section 1073 of title 10, United States Code, is amended--
(1) by inserting `(a) RESPONSIBLE OFFICIALS- ' at the beginning of the
text of the section; and
(2) by adding at the end the following:
`(b) STABILITY IN PROGRAM OF BENEFITS- The Secretary of Defense shall, to
the maximum extent practicable, provide a stable program of benefits under
this chapter throughout each fiscal year. To achieve the stability in the case
of managed care support contracts entered into under this chapter, the
contracts shall be administered so as to implement all changes in benefits and
administration on a quarterly basis. However, the Secretary of Defense may
implement any such change prior to the next fiscal quarter if the Secretary
determines that the change would significantly improve the provision of care
to eligible beneficiaries under this chapter.'.
SEC. 726. STUDY ON JOINT OPERATIONS FOR THE DEFENSE HEALTH
PROGRAM.
Not later than October 1, 2000, the Secretary of Defense shall prepare and
submit to Congress a study identifying areas with respect to the Defense
Health Program for which joint operations might be increased, including
organization, training, patient care, hospital management, and budgeting. The
study shall include a discussion of the merits and feasibility of--
(1) establishing a joint command for the Defense Health Program as a
military counterpart to the Assistant Secretary of Defense for Health
Affairs;
(2) establishing a joint training curriculum for the Defense Health
Program; and
(3) creating a unified chain of command and budgeting authority for the
Defense Health Program.
SEC. 727. TRAUMA TRAINING CENTER.
Section 742 of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2074) is amended to read as
follows:
`SEC. 742. AUTHORIZATION TO ESTABLISH A TRAUMA TRAINING CENTER.
`The Secretary of the Army is hereby authorized to establish a Trauma
Training Center in order to provide the Army with a trauma center capable of
training forward surgical teams.'.
SEC. 728. SENSE OF CONGRESS REGARDING AUTOMATIC ENROLLMENT OF
MEDICARE-ELIGIBLE BENEFICIARIES IN THE TRICARE SENIOR PRIME DEMONSTRATION
PROJECT.
It is the sense of Congress that--
(1) any person who is enrolled in a managed health care program of the
Department of Defense at a location at which the medicare subvention
demonstration project for military retirees conducted under section 1896 of
the Social Security Act (42 U.S.C. 1395ggg) is implemented, and who attains
eligibility for medicare, should be automatically authorized to enroll in
such demonstration project; and
(2) the Secretary of Defense, in coordination with the other
administering Secretaries described in section 1072(3) of title 10, United
States Code, should modify existing policies and procedures for such
demonstration project as necessary to permit such automatic
enrollment.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 801. Authority to carry out certain prototype projects.
Sec. 802. Streamlined applicability of cost accounting standards.
Sec. 803. Sale, exchange, and waiver authority for coal and coke.
Sec. 804. Guidance on use of task order and delivery order contracts.
Sec. 805. Clarification of definition of commercial items with respect to
associated services.
Sec. 806. Use of special simplified procedures for purchases of commercial
items in excess of the simplified acquisition threshold.
Sec. 807. Repeal of termination of provision of credit towards subcontracting
goals for purchases benefiting severely handicapped persons.
Sec. 808. Contract goal for small disadvantaged businesses and certain
institutions of higher education.
Sec. 809. Required reports for certain multiyear contracts.
Subtitle B--Other Matters
Sec. 811. Mentor-Protege Program improvements.
Sec. 812. Program to increase business innovation in defense acquisition
programs.
Sec. 813. Incentives to produce innovative new technologies.
Sec. 814. Pilot program for commercial services.
Sec. 815. Expansion of applicability of requirement to make certain
procurements from small arms production industrial base.
Sec. 816. Compliance with existing law regarding purchases of equipment and
products.
Sec. 817. Extension of test program for negotiation of comprehensive small
business subcontracting plans.
Sec. 818. Extension of interim reporting rule for certain procurements less
than $100,000.
Sec. 819. Inspector General review of compliance with Buy American Act in
purchases of strength training equipment.
Sec. 820. Report on options for accelerated acquisition of precision
munitions.
Sec. 821. Technical amendment to prohibition on release of contractor
proposals under the Freedom of Information Act.
Subtitle A--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 801. AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE
PROJECTS.
Section 845 of the National Defense Authorization Act for Fiscal Year 1994
(Public Law 103-160; 107 Stat. 1721; 10 U.S.C. 2371 note) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
`(c) COMPTROLLER GENERAL REVIEW- (1) Each agreement entered into by an
official referred to in subsection (a) to carry out a project under that
subsection that provides for payments in a total amount in excess of
$5,000,000 shall include a clause that provides for the Comptroller General,
in the discretion of the Comptroller General, to examine the records of any
party to the agreement or any entity that participates in the performance of
the agreement.
`(2) The requirement in paragraph (1) shall not apply with respect to a
party or entity, or a subordinate element of a party or entity, that has not
entered into any other agreement that provides for audit access by a
Government entity in the year prior to the date of the agreement.
`(3) The head of the contracting activity that is carrying out the
agreement may waive the applicability of the requirement in paragraph (1) to
the agreement if the head of the contracting activity determines that it would
not be in the public interest to apply the requirement to the agreement. The
waiver shall be effective with respect to the agreement only if the head of
the contracting activity transmits a notification of the waiver to Congress
and the Comptroller General before entering into the agreement. The
notification shall include the rationale for the determination.
`(4) The Comptroller General may not examine records pursuant to a clause
included in an agreement under paragraph (1) more than three years after the
final payment is made by the United States under the agreement.'.
SEC. 802. STREAMLINED APPLICABILITY OF COST ACCOUNTING
STANDARDS.
(a) APPLICABILITY- Paragraph (2)(B) of section 26(f) of the Office of
Federal Procurement Policy Act (41 U.S.C. 422(f)(2)(B)) is amended by adding
at the end the following new clauses:
`(iii) Firm, fixed-price contracts or subcontracts awarded on the basis
of adequate price competition without submission of certified cost or
pricing data.
`(iv) A contract or subcontract with a value of less than $7,500,000 if,
at the time the contract or subcontract is entered into, the segment of the
contractor or subcontractor that will perform the work has not been awarded
at least one contract or subcontract with a value of more than $7,500,000
that is covered by the cost accounting standards.'.
(b) WAIVER- Section 26(f) of that Act is further amended by adding at the
end the following:
`(5)(A) The head of an executive agency may waive the applicability of the
cost accounting standards for a contract or subcontract with a value less than
$15,000,000 if that official determines in writing that the segment of the
contractor or subcontractor that will perform the work--
`(i) is primarily engaged in the sale of commercial items; and
`(ii) would not otherwise be subject to the cost accounting standards
under this section, as in effect on or after the effective date of this
paragraph.
`(B) The head of an executive agency may also waive the applicability of
the cost accounting standards for a contract or subcontract under exceptional
circumstances when necessary to meet the needs of the agency. A determination
to waive the applicability of the cost accounting standards under this
subparagraph shall be set forth in writing and shall include a statement of
the circumstances justifying the waiver.
`(C) The head of an executive agency may not delegate the authority under
subparagraph (A) or (B) to any official in the executive agency below the
senior policymaking level in the executive agency.
`(D) The Federal Acquisition Regulation shall include the following:
`(i) Criteria for selecting an official to be delegated authority to
grant waivers under subparagraph (A) or (B).
`(ii) The specific circumstances under which such a waiver may be
granted.
`(E) The head of each executive agency shall report the waivers granted
under subparagraphs (A) and (B) for that agency to the Board on an annual
basis.'.
(c) REGULATION ON TYPES OF CAS COVERAGE- (1) The Administrator for Federal
Procurement Policy shall revise the rules and procedures prescribed pursuant
to section 26(f) of the Office of Federal Procurement Policy Act (41 U.S.C.
422(f)) to the extent necessary to increase the thresholds established in
section 9903.201-2 of title 48 of the Code of Federal Regulations from
$25,000,000 to $50,000,000.
(2) Paragraph (1) requires only a change of the statement of a threshold
condition in the regulation referred to by section number in that paragraph,
and shall not be construed as--
(A) a ratification or expression of approval of--
(i) any aspect of the regulation; or
(ii) the manner in which section 26 of the Office of Federal
Procurement Policy Act is administered through the regulation; or
(B) a requirement to apply the regulation.
(d) IMPLEMENTATION- The Administrator for Federal Procurement Policy shall
ensure that this section and the amendments made by this section are
implemented in a manner that ensures that the Federal Government can recover
costs, as appropriate, in a case in which noncompliance with cost accounting
standards, or a change in the cost accounting system of a contractor segment
or subcontractor segment that is not determined to be desirable by the Federal
Government, results in a shift of costs from contracts that are not covered by
the cost accounting standards to contracts that are covered by the cost
accounting standards.
(e) IMPLEMENTATION OF REQUIREMENTS FOR REVISION OF REGULATIONS- (1) Final
regulations required by subsection (c) shall be issued not later than 180 days
after the date of the enactment of this Act.
(2) Subsection (c) shall cease to be effective one year after the date on
which final regulations issued in accordance with that subsection take
effect.
(f) STUDY OF TYPES OF CAS COVERAGE- The Administrator for Federal
Procurement Policy shall review the various categories of coverage of
contracts for applying cost accounting standards and, not later than the date
on which the President submits to Congress the budget for fiscal year 2001
under section 1105(a) of title 31, United States Code, submit to Congress a
report on the results of the review. The report shall include an analysis of
the matters reviewed and any recommendations that the Administrator considers
appropriate regarding such matters.
(g) INAPPLICABILITY OF STANDARDS TO CERTAIN CONTRACTS- The cost accounting
standards issued pursuant to section 26(f) of the Office of Federal
Procurement Policy Act (41 U.S.C. 422(f)), as amended by this section, shall
not apply during fiscal year 2000 with respect to a contract entered into
under the authority provided in chapter 89 of title 5, United States Code
(relating to health benefits for Federal employees).
(h) CONSTRUCTION REGARDING CERTAIN NOT-FOR-PROFIT ENTITIES- The amendments
made by subsections (a) and (b) shall not be construed as modifying or
superseding, nor as intended to impair or restrict, the applicability of the
cost accounting standards described in section 26(f) of the Office of Federal
Procurement Policy Act (41 U.S.C. 422(f)) to--
(1) any educational institution or federally funded research and
development center that is associated with an educational institution in
accordance with Office of Management and Budget Circular A-21, as in effect
on January 1, 1999; or
(2) any contract with a nonprofit entity that provides research and
development and related products or services to the Department of
Defense.
(i) EFFECTIVE DATE- The amendments made by subsections (a) and (b) shall
take effect 180 days after the date of enactment of this Act, and shall apply
with respect to--
(1) contracts that are entered into on or after such effective date;
and
(2) determinations made on or after such effective date regarding
whether a segment of a contractor or subcontractor is subject to the cost
accounting standards under section 26(f) of the Office of Federal
Procurement Policy Act (41 U.S.C. 422(f)), regardless of whether the
contracts on which such determinations are made were entered into before,
on, or after such date.
SEC. 803. SALE, EXCHANGE, AND WAIVER AUTHORITY FOR COAL AND
COKE.
(a) IN GENERAL- Section 2404 of title 10, United States Code, is
amended--
(A) in the matter preceding paragraph (1), by striking `petroleum or
natural gas' and inserting `a defined fuel source';
(i) by striking `petroleum market conditions or natural gas market
conditions, as the case may be,' and inserting `market conditions for
the defined fuel source'; and
(ii) by striking `acquisition of petroleum or acquisition of natural
gas, respectively,' and inserting `acquisition of that defined fuel
source'; and
(C) in paragraph (2), by striking `petroleum or natural gas, as the
case may be,' and inserting `that defined fuel source';
(2) in subsection (b), by striking `petroleum or natural gas' in the
second sentence and inserting `a defined fuel source';
(3) in subsection (c), by striking `petroleum' and all that follows
through the period and inserting `a defined fuel source or services related
to a defined fuel source by exchange of a defined fuel source or services
related to a defined fuel source.';
(A) by striking `petroleum or natural gas' in the first sentence and
inserting `a defined fuel source'; and
(B) by striking `petroleum' in the second sentence and all that
follows through the period and inserting `a defined fuel source or
services related to a defined fuel source.'; and
(5) by adding at the end the following new subsection:
`(f) DEFINED FUEL SOURCES- In this section, the term `defined fuel source'
means any of the following:
(b) CLERICAL AMENDMENTS- (1) The heading of such section is amended to
read as follows:
-`Sec. 2404. Acquisition of certain fuel sources: authority to waive contract
procedures; acquisition by exchange; sales authority'.
(2) The item relating to such section in the table of sections at the
beginning of chapter 141 of such title is amended to read as follows:
`2404. Acquisition of certain fuel sources: authority to waive contract
procedures; acquisition by exchange; sales authority.'.
SEC. 804. GUIDANCE ON USE OF TASK ORDER AND DELIVERY ORDER
CONTRACTS.
(a) GUIDANCE IN THE FEDERAL ACQUISITION REGULATION- Not later than 180
days after the date of the enactment of this Act, the Federal Acquisition
Regulation issued in accordance with sections 6 and 25 of the Office of
Federal Procurement Policy Act (41 U.S.C. 405 and 421) shall be revised to
provide guidance to agencies on the appropriate use of task order and delivery
order contracts in accordance with sections 2304a through 2304d of title 10,
United States Code, and sections 303H through 303K of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253h through 253k).
(b) CONTENT OF GUIDANCE- The regulations issued pursuant to subsection (a)
shall, at a minimum, provide the following:
(1) Specific guidance on the appropriate use of governmentwide and other
multiagency contracts entered into in accordance with the provisions of law
referred to in that subsection.
(2) Specific guidance on steps that agencies should take in entering
into and administering multiple award task order and delivery order
contracts to ensure compliance with--
(A) the requirement in section 5122 of the Clinger-Cohen Act (40
U.S.C. 1422) for capital planning and investment control in purchases of
information technology products and services;
(B) the requirement in section 2304c(b) of title 10, United States
Code, and section 303J(b) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253j(b)) to ensure that all contractors
are afforded a fair opportunity to be considered for the award of task
orders and delivery orders; and
(C) the requirement in section 2304c(c) of title 10, United States
Code, and section 303J(c) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253j(c)) for a statement of work in each
task order or delivery order issued that clearly specifies all tasks to be
performed or property to be delivered under the order.
(c) GSA FEDERAL SUPPLY SCHEDULES PROGRAM- The Administrator for Federal
Procurement Policy shall consult with the Administrator of General Services to
assess the effectiveness of the multiple awards schedule program of the
General Services Administration referred to in section 309(b)(3) of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 259(b)(3))
that is administered as the Federal Supply Schedules program. The assessment
shall include examination of the following:
(1) The administration of the program by the Administrator of General
Services.
(2) The ordering and program practices followed by Federal customer
agencies in using schedules established under the program.
(d) GAO REPORT- Not later than one year after the date on which the
regulations required by subsection (a) are published in the Federal Register,
the Comptroller General shall submit to Congress an evaluation of--
(1) executive agency compliance with the regulations; and
(2) conformance of the regulations with existing law, together with any
recommendations that the Comptroller General considers appropriate.
SEC. 805. CLARIFICATION OF DEFINITION OF COMMERCIAL ITEMS WITH RESPECT
TO ASSOCIATED SERVICES.
Section 4(12)(E) of the Office of Federal Procurement Policy Act (41
U.S.C. 403(12)(E)) is amended to read as follows:
`(E) Installation services, maintenance services, repair services,
training services, and other services if--
`(i) the services are procured for support of an item referred to in
subparagraph (A), (B), (C), or (D), regardless of whether such services
are provided by the same source or at the same time as the item;
and
`(ii) the source of the services provides similar services
contemporaneously to the general public under terms and conditions
similar to those offered to the Federal Government.'.
SEC. 806. USE OF SPECIAL SIMPLIFIED PROCEDURES FOR PURCHASES OF
COMMERCIAL ITEMS IN EXCESS OF THE SIMPLIFIED ACQUISITION THRESHOLD.
(a) EXTENSION OF AUTHORITY- Section 4202(e) of the Clinger-Cohen Act of
1996 (divisions D and E of Public Law 104-106; 110 Stat. 654; 10 U.S.C. 2304
note) is amended by striking `three years after the date on which such
amendments take effect pursuant to section 4401(b)' and inserting `January 1,
2002'.
(b) GAO REPORT- Not later than March 1, 2001, the Comptroller General
shall submit to Congress an evaluation of the test program authorized by the
provisions in section 4202 of the Clinger-Cohen Act of 1996, together with any
recommendations that the Comptroller General considers appropriate regarding
the test program or the use of special simplified procedures for purchases of
commercial items in excess of the simplified acquisition threshold.
SEC. 807. REPEAL OF TERMINATION OF PROVISION OF CREDIT TOWARDS
SUBCONTRACTING GOALS FOR PURCHASES BENEFITING SEVERELY HANDICAPPED
PERSONS.
Section 2410d(c) of title 10, United States Code, is repealed.
SEC. 808. CONTRACT GOAL FOR SMALL DISADVANTAGED BUSINESSES AND CERTAIN
INSTITUTIONS OF HIGHER EDUCATION.
Subsection (k) of section 2323 of title 10, United States Code, is amended
by striking `2000' both places it appears and inserting `2003'.
SEC. 809. REQUIRED REPORTS FOR CERTAIN MULTIYEAR CONTRACTS.
Section 2306b(l) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs
(5), (6), (7), and (8), respectively;
(2) by inserting after paragraph (3) the following new paragraph
(4):
`(4) The head of an agency may not enter into a multiyear contract (or
extend an existing multiyear contract) until the Secretary of Defense submits
to the congressional defense committees a report with respect to that contract
(or contract extension) that provides the following information, shown for
each year in the current future-years defense program and in the aggregate
over the period of the current future-years defense program:
`(A) The amount of total obligational authority under the contract (or
contract extension) and the percentage that such amount represents
of--
`(i) the applicable procurement account; and
`(ii) the agency procurement total.
`(B) The amount of total obligational authority under all multiyear
procurements of the agency concerned (determined without regard to the
amount of the multiyear contract (or contract extension)) under multiyear
contracts in effect immediately before the contract (or contract extension)
is entered into and the percentage that such amount represents of--
`(i) the applicable procurement account; and
`(ii) the agency procurement total.
`(C) The amount equal to the sum of the amounts under subparagraphs (A)
and (B), and the percentage that such amount represents of--
`(i) the applicable procurement account; and
`(ii) the agency procurement total.
`(D) The amount of total obligational authority under all Department of
Defense multiyear procurements (determined without regard to the amount of
the multiyear contract (or contract extension)), including any multiyear
contract (or contract extension) that has been authorized by the Congress
but not yet entered into, and the percentage that such amount represents of
the procurement accounts of the Department of Defense treated in the
aggregate.'; and
(3) by adding at the end the following new paragraph:
`(A) The term `applicable procurement account' means, with respect to a
multiyear procurement contract (or contract extension), the appropriation
account from which payments to execute the contract will be made.
`(B) The term `agency procurement total' means the procurement accounts
of the agency entering into a multiyear procurement contract (or contract
extension) treated in the aggregate.'.
Subtitle B--Other Matters
SEC. 811. MENTOR-PROTEGE PROGRAM IMPROVEMENTS.
(a) PROGRAM PARTICIPATION TERM- Subsection (e)(2) of section 831 of the
National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510;
10 U.S.C. 2302 note) is amended to read as follows:
`(2) A program participation term for any period of not more than three
years, except that the term may be a period of up to five years if the
Secretary of Defense determines in writing that unusual circumstances
justify a program participation term in excess of three years.'.
(b) INCENTIVES AUTHORIZED FOR MENTOR FIRMS- Subsection (g) of such section
is amended--
(1) in paragraph (1), by striking `shall' and inserting `may';
(A) in subparagraph (A)--
(i) by striking `shall' and inserting `may';
(ii) by striking `subsection (f)' and all that follows through `(i)
as a line item' and inserting `subsection (f) as provided for in a line
item';
(iii) by striking the semicolon preceding clause (ii) and inserting
`, except that this sentence does not apply in a case in which the
Secretary of Defense determines in writing that unusual circumstances
justify reimbursement using a separate contract.'; and
(iv) by striking clauses (ii), (iii), and (iv); and
(B) by striking subparagraph (B) and inserting the following:
`(B) The determinations made in annual performance reviews of a mentor
firm's mentor-protege agreement under subsection (l)(2) shall be a major
factor in the determinations of amounts of reimbursement, if any, that the
mentor firm is eligible to receive in the remaining years of the program
participation term under the agreement.
`(C) The total amount reimbursed under this paragraph to a mentor firm for
costs of assistance furnished in a fiscal year to a protege firm may not
exceed $1,000,000, except in a case in which the Secretary of Defense
determines in writing that unusual circumstances justify a reimbursement of a
higher amount.'; and
(3) in paragraph (3)(A), by striking `either subparagraph (A) or (C) of
paragraph (2) or are reimbursed pursuant to subparagraph (B) of such
paragraph' and inserting `paragraph (2)'.
(c) THREE-YEAR EXTENSION OF AUTHORITY- Subsection (j) of such section is
amended to read as follows:
`(j) EXPIRATION OF AUTHORITY- (1) No mentor-protege agreement may be
entered into under subsection (e) after September 30, 2002.
`(2) No reimbursement may be paid, and no credit toward the attainment of
a subcontracting goal may be granted, under subsection (g) for any cost
incurred after September 30, 2005.'.
(d) REPORTS AND REVIEWS- (1) Subsection (l) of such section is amended to
read as follows:
`(l) REPORTS AND REVIEWS- (1) The mentor firm and protege firm under a
mentor-protege agreement shall submit to the Secretary of Defense an annual
report on the progress made by the protege firm in employment, revenues, and
participation in Department of Defense contracts during the fiscal year
covered by the report. The requirement for submission of an annual report
applies with respect to each fiscal year covered by the program participation
term under the agreement and each of the two fiscal years following the
expiration of the program participation term. The Secretary shall prescribe
the timing and form of the annual report.
`(2)(A) The Secretary shall conduct an annual performance review of each
mentor-protege agreement that provides for reimbursement of costs. The
Secretary shall determine on the basis of the review whether--
`(i) all costs reimbursed to the mentor firm under the agreement were
reasonably incurred to furnish assistance to the protege firm in accordance
with the requirements of this section and applicable regulations; and
`(ii) the mentor firm and protege firm accurately reported progress made
by the protege firm in employment, revenues, and participation in Department
of Defense contracts during the program participation term covered by the
mentor-protege agreement and the two fiscal years following the expiration
of the program participation term.
`(B) The Secretary shall act through the Commander of the Defense Contract
Management Command in carrying out the reviews and making the determinations
under subparagraph (A).
`(3) Not later than 6 months after the end of each of fiscal years 2000
through 2004, the Secretary of Defense shall submit to Congress an annual
report on the Mentor-Protege Program for that fiscal year.
`(4) The annual report for a fiscal year shall include, at a minimum, the
following:
`(A) The number of mentor-protege agreements that were entered into
during the fiscal year.
`(B) The number of mentor-protege agreements that were in effect during
the fiscal year.
`(C) The total amount reimbursed to mentor firms pursuant to subsection
(g) during the fiscal year.
`(D) Each mentor-protege agreement, if any, that was approved during the
fiscal year in accordance with subsection (e)(2) to provide a program
participation term in excess of 3 years, together with the justification for
the approval.
`(E) Each reimbursement of a mentor firm in excess of the limitation in
subsection (g)(2)(C) that was made during the fiscal year pursuant to an
approval granted in accordance with that subsection, together with the
justification for the approval.
`(F) Trends in the progress made in employment, revenues, and
participation in Department of Defense contracts by the protege firms
participating in the program during the fiscal year and the protege firms
that completed or otherwise terminated participation in the program during
the preceding two fiscal years.'.
(2)(A) The Secretary of Defense shall conduct a review of the
Mentor-Protege Program established in section 831 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302
note) to assess the feasibility of transitioning such program to operation
without a specific appropriation or authority to provide reimbursement to a
mentor firm as provided in subsection (g) of such section (as amended by
subsection (b)).
(B) In conducting the review under subparagraph (A), the Secretary shall
assess possible additional incentives that may be extended to mentor firms to
ensure adequate support and participation in the Mentor-Protege Program,
including increasing the level of credit in lieu of subcontract awards
presently extended to mentor firms for purposes of determining whether mentor
firms attain subcontracting participation goals applicable under Department of
Defense contracts.
(C) Not later than September 30, 2000, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives--
(i) a report on the results of the review conducted under this
paragraph; and
(ii) any recommendations of the Secretary for legislative action.
(3)(A) The Comptroller General shall conduct a study on the implementation
of the Mentor-Protege Program established in section 831 of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C.
2302 note) and the extent to which the program is achieving the purposes
established in that section in a cost-effective manner.
(B) The study shall include the following:
(i) A review of the manner in which funds for the Mentor-Protege Program
have been obligated.
(ii) An identification and assessment of the average amount spent by the
Department of Defense on individual mentor-protege agreements, and the
correlation between levels of funding and business development of protege
firms.
(iii) An evaluation of the effectiveness of the incentives provided to
mentor firms to participate in the Mentor-Protege Program and whether
reimbursements remain a cost-effective and viable incentive.
(iv) An assessment of the success of the Mentor-Protege Program in
enhancing the business competitiveness and financial independence of protege
firms.
(v) A review of the relationship between the results of the
Mentor-Protegee Program and the objectives established in section 2323 of
title 10, United States Code.
(C) Not later than January 1, 2002, the Comptroller General shall submit
to the Committees on Armed Services of the Senate and House of Representatives
a report on the results of the study.
(e) REPEAL OF LIMITATION ON AVAILABILITY OF FUNDING- Subsection (n) of
section 831 of such Act is repealed.
(f) EFFECTIVE DATE AND SAVINGS PROVISION- (1) The amendments made by this
section shall take effect on October 1, 1999, and shall apply with respect to
mentor-protege agreements that are entered into under section 831(e) of the
National Defense Authorization Act for Fiscal Year 1991 on or after that
date.
(2) Section 831 of the National Defense Authorization Act for Fiscal Year
1991, as in effect on September 30, 1999, shall continue to apply with respect
to mentor-protege agreements entered into before October 1, 1999.
SEC. 812. PROGRAM TO INCREASE BUSINESS INNOVATION IN DEFENSE ACQUISITION
PROGRAMS.
(a) REQUIREMENT TO DEVELOP PLAN- Not later than March 1, 2000, the
Secretary of Defense shall publish in the Federal Register for public comment
a plan to provide for increased innovative technology for acquisition programs
of the Department of Defense from commercial private sector entities,
including small-business concerns.
(b) IMPLEMENTATION OF PLAN- Not later than March 1, 2001, the Secretary of
Defense shall implement the plan required by subsection (a), subject to any
modifications the Secretary may choose to make in response to comments
received.
(c) ELEMENTS OF PLAN- The plan required by subsection (a) shall include,
at a minimum, the following elements:
(1) Procedures through which commercial private sector entities,
including small-business concerns, may submit proposals recommending
cost-saving and innovative ideas to acquisition program managers.
(2) A review process designed to make recommendations on the merit and
viability of the proposals submitted under paragraph (1) at appropriate
times during the acquisition cycle.
(3) Measures to limit potential disruptions to existing contracts and
programs from proposals accepted and incorporated into acquisition programs
of the Department of Defense.
(4) Measures to ensure that research and development efforts of
small-business concerns are considered as early as possible in a program's
acquisition planning process to accommodate potential technology insertion
without disruption to existing contracts and programs.
(d) REQUIREMENT FOR REPORT- Not later than March 1, 2000, the Secretary of
Defense shall submit to the congressional defense committees a report on the
status of the Small Business Innovation Research program rapid transition plan
required by section 818 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2089). The report
shall include the following:
(1) The status of the implementation of each of the provisions of the
plan.
(2) For any provision of the plan that has not been fully implemented as
of the date of the report--
(A) the reasons that the provision has not been fully implemented;
and
(B) a schedule, including specific milestones, for the implementation
of the provision.
(e) SMALL-BUSINESS CONCERN DEFINED- In this section, the term
`small-business concern' has the same meaning as the meaning of such term as
used in the Small Business Act (15 U.S.C. 631 et seq.).
SEC. 813. INCENTIVES TO PRODUCE INNOVATIVE NEW
TECHNOLOGIES.
(a) REVIEW OF GUIDELINES- The Secretary of Defense shall review the profit
guidelines established in the Department of Defense Supplement to the Federal
Acquisition Regulation to consider whether appropriate modifications, such as
placing increased emphasis on technical risk as a factor for determining
appropriate profit margins, would provide an increased profit incentive for
contractors to develop and produce complex and innovative new technologies.
(b) CHANGES TO GUIDELINES; REPORT- Not later than 180 days after the date
of the enactment of this Act, the Secretary shall--
(1) make any changes to the profit guidelines that the Secretary
determines to be necessary; and
(2) report to Congress on the results of the review conducted under
subsection (a) and on any changes to the profit guidelines that the
Secretary determines to be necessary pursuant to paragraph (1).
SEC. 814. PILOT PROGRAM FOR COMMERCIAL SERVICES.
(a) PROGRAM AUTHORIZED- The Secretary of Defense may carry out a pilot
program to treat procurements of commercial services as procurements of
commercial items.
(b) DESIGNATION OF PILOT PROGRAM CATEGORIES- The Secretary of Defense may
designate the following categories of services as commercial services covered
by the pilot program:
(1) Utilities and housekeeping services.
(2) Education and training services.
(c) TREATMENT AS COMMERCIAL ITEMS- A Department of Defense contract for
the procurement of commercial services designated by the Secretary for the
pilot program shall be treated as a contract for the procurement of commercial
items, as defined in section 4(12) of the Office of Federal Procurement Policy
Act (41 U.S.C. 403(12)), if the source of the services provides similar
services contemporaneously to the general public under terms and conditions
similar to those offered to the Federal Government.
(d) GUIDANCE- Not later than 90 days after the date of the enactment of
this Act, the Secretary shall issue guidance to procurement officials on
contracting for commercial services under the pilot program. The guidance
shall place particular emphasis on ensuring that negotiated prices for
designated services, including prices negotiated without competition, are fair
and reasonable.
(e) UNIFIED MANAGEMENT OF PROCUREMENTS- The Secretary of Defense shall
develop and implement procedures to ensure that, whenever appropriate, a
single item manager or contracting officer is responsible for entering into
all contracts from a single contractor for commercial services under the pilot
program.
(f) DURATION OF PILOT PROGRAM- (1) The pilot program shall begin on the
date that the Secretary issues the guidance required by subsection (d) and may
continue for a period, not in excess of five years, that the Secretary shall
establish.
(2) The pilot program shall cover Department of Defense contracts for the
procurement of commercial services designated by the Secretary under
subsection (b) that are awarded or modified during the period of the pilot
program, regardless of whether the contracts are performed during the
period.
(g) REPORT TO CONGRESS- (1) The Secretary shall submit to Congress a
report on the impact of the pilot program on--
(A) prices paid by the Federal Government under contracts for commercial
services covered by the pilot program;
(B) the quality and timeliness of the services provided under such
contracts; and
(C) the extent of competition for such contracts.
(2) The Secretary shall submit the report--
(A) not later than 90 days after the end of the third full fiscal year
for which the pilot program is in effect; or
(B) if the period established for the pilot program under subsection
(f)(1) does not cover three full fiscal years, not later than 90 days after
the end of the designated period.
(h) PRICE TREND ANALYSIS- The Secretary of Defense shall apply the
procedures developed pursuant to section 803(c) of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
2081; 10 U.S.C. 2306a note) to collect and analyze information on price trends
for all services covered by the pilot program and for the services in such
categories of services not covered by the pilot program to which the Secretary
considers it appropriate to apply those procedures.
SEC. 815. EXPANSION OF APPLICABILITY OF REQUIREMENT TO MAKE CERTAIN
PROCUREMENTS FROM SMALL ARMS PRODUCTION INDUSTRIAL BASE.
(a) M-2 AND M-60 MACHINE GUNS- In fulfilling the requirement under
subsection (e) of section 809 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2086; 10
U.S.C. 2473 note), if the Secretary of the Army determines that it is
necessary to protect the small arms production industrial base, the Secretary
shall exercise the authority under subsection (f) of such section with regard
to M-2 and M-60 machine guns.
(b) COVERED PROPERTY AND SERVICES- Section 2473(b) of title 10, United
States Code, is amended--
(A) by striking `Repair' and inserting `Critical repair';
(B) by striking `including repair parts'; and
(C) by inserting `only' after `consisting'; and
(2) in paragraph (2), by adding `such' after `Modifications of'.
SEC. 816. COMPLIANCE WITH EXISTING LAW REGARDING PURCHASES OF EQUIPMENT
AND PRODUCTS.
(a) SENSE OF CONGRESS REGARDING PURCHASE BY THE DEPARTMENT OF DEFENSE OF
EQUIPMENT AND PRODUCTS- It is the sense of Congress that any entity of the
Department of Defense, in expending funds authorized by this Act for the
purchase of equipment or products, should fully comply with the Buy American
Act (41 U.S.C. 10a et seq.) and section 2533 of title 10, United States
Code.
(b) DEBARMENT OF PERSONS CONVICTED OF FRAUDULENT USE OF `MADE IN AMERICA'
LABELS- If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a `Made in America'
inscription, or another inscription with the same meaning, to any product sold
in or shipped to the United States that is not made in the United States, the
Secretary shall determine, in accordance with section 2410f of title 10,
United States Code, whether the person should be debarred from contracting
with the Department of Defense.
SEC. 817. EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE
SMALL BUSINESS SUBCONTRACTING PLANS.
Section 834(e) of the National Defense Authorization Act for Fiscal Years
1990 and 1991 (Public Law 101-189; 15 U.S.C. 637 note) is amended by striking
`September 30, 2000' and inserting `September 30, 2005'.
SEC. 818. EXTENSION OF INTERIM REPORTING RULE FOR CERTAIN PROCUREMENTS
LESS THAN $100,000.
Section 31(e) of the Office of Federal Procurement Policy Act (41 U.S.C.
427(e)) is amended by striking `October 1, 1999' and inserting `October 1,
2004'.
SEC. 819. INSPECTOR GENERAL REVIEW OF COMPLIANCE WITH BUY AMERICAN ACT
IN PURCHASES OF STRENGTH TRAINING EQUIPMENT.
(a) REVIEW REQUIRED- The Inspector General of the Department of Defense
shall conduct a review to determine the extent to which the purchases
described in subsection (b) are being made in compliance with the Buy American
Act (41 U.S.C. 10a et seq.).
(b) PURCHASES COVERED- The review shall cover purchases, made during the
review period, of free weights and other exercise equipment for use in
strength training by members of the Armed Forces stationed at defense
installations located in the United States (including its territories and
possessions). For purposes of the preceding sentence, the review period is the
period beginning on April 1, 1998, and ending on March 31, 2000. Purchases not
in excess of the micro-purchase threshold shall be excluded from the
review.
(c) REPORT- Not later than December 31, 2000, the Secretary of Defense
shall submit to Congress a report on the results of the review.
(d) DEFINITIONS- In this section:
(1) The term `free weights' means dumbbells or solid metallic disks
balanced on crossbars, designed to be lifted for strength training or
athletic competition.
(2) The term `micro-purchase threshold' means the amount specified in
section 32(f) of the Office of Federal Procurement Policy Act (41 U.S.C.
428(f)).
SEC. 820. REPORT ON OPTIONS FOR ACCELERATED ACQUISITION OF PRECISION
MUNITIONS.
(a) FINDINGS- Congress finds the following:
(1) Current Department of Defense inventories of many types of precision
munitions do not meet the requirements for such munitions under the National
Military Strategy that the Department of Defense have the capability to
conduct two nearly simultaneous Major Theater Wars, and with respect to some
types of precision munitions, those requirements will not be met even after
planned acquisitions are complete.
(2) Production lines for certain types of critical precision munitions
have been shut down, and the start-up production of replacement precision
munitions leaves a critical gap in acquisition of follow-on precision
munitions.
(3) Shortages of conventional air-launched cruise missiles during
Operation Allied Force (conducted against the Federal Republic of Yugoslavia
in the spring of 1999) and the necessity to replenish inventories of
land-attack Tomahawk cruise missiles following that operation indicate the
critical need to maintain sufficient inventories of precision
munitions.
(b) REPORT- Not later than February 15, 2000, the Secretary of Defense
shall submit to the congressional defense committees a report on the
requirements of the Department of Defense for precision munitions under the
National Military Strategy that the Department of Defense have the capability
to conduct two nearly simultaneous Major Theater Wars. The report shall
include the following:
(1) The effect of recent conflicts on the shift to precision munitions
of targets previously allocated to nonprecision munitions in the inventory
requirements process.
(2) The required inventories of precision munitions, by type, including
existing or planned munitions or such munitions with appropriate upgrades,
to meet the requirement that the Department of Defense have the capability
to conduct two nearly simultaneous Major Theater Wars.
(3) Current inventories of those precision munitions.
(4) The year when required inventories for each of those types of
precision munitions will be achieved within the acquisition plans set forth
in the budget of the President for fiscal year 2001.
(5) The year those inventories would be achieved within existing or
planned production capacity if produced at--
(A) the minimum sustained production rate;
(B) the most economic production rate; and
(C) the maximum production rate.
(6) The required level of funding to support production for each of
those types of munitions at each of the production rates specified in
paragraph (5), compared to the funding programmed for each type of munition
in the future-years defense program using the acquisition plans specified in
paragraph (4).
(7) With respect to each existing or planned munitions for which the
inventory is not expected to meet the two Major Theater War requirement by
October 1, 2005, the Secretary's assessment of the risk associated with not
having met such requirement by that date.
SEC. 821. TECHNICAL AMENDMENT TO PROHIBITION ON RELEASE OF CONTRACTOR
PROPOSALS UNDER THE FREEDOM OF INFORMATION ACT.
Section 2305(g) of title 10, United States Code, is amended in paragraph
(1) by striking `the Department of Defense' and inserting `an agency named in
section 2303 of this title'.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A--Department of Defense Strategic Planning
Sec. 901. Permanent requirement for Quadrennial Defense Review.
Sec. 902. Minimum interval for updating and revising Department of Defense
strategic plan.
Subtitle B--Department of Defense Organization
Sec. 911. Responsibility for logistics and sustainment functions of the
Department of Defense.
Sec. 912. Enhancement of technology security program of Department of
Defense.
Sec. 913. Efficient utilization of defense laboratories.
Sec. 914. Center for the Study of Chinese Military Affairs.
Sec. 915. Authority for acceptance by Asia-Pacific Center for Security
Studies of foreign gifts and donations.
Subtitle C--Personnel Management
Sec. 921. Revisions to limitations on number of personnel assigned to major
Department of Defense headquarters activities.
Sec. 922. Defense acquisition workforce reductions.
Sec. 923. Monitoring and reporting requirements regarding operations tempo
and personnel tempo.
Sec. 924. Administration of defense reform initiative enterprise program for
military manpower and personnel information.
Sec. 925. Payment of tuition for education and training of members in defense
acquisition workforce.
Subtitle D--Other Matters
Sec. 931. Additional matters for annual reports on joint warfighting
experimentation.
Sec. 932. Oversight of Department of Defense activities to combat terrorism.
Sec. 933. Responsibilities and accountability for certain financial
management functions.
Sec. 934. Management of Civil Air Patrol.
Subtitle A--Department of Defense Strategic Planning
SEC. 901. PERMANENT REQUIREMENT FOR QUADRENNIAL DEFENSE
REVIEW.
(a) REVIEW REQUIRED- (1) Chapter 2 of title 10, United States Code, is
amended by inserting after section 117 the following new section:
`Sec. 118. Quadrennial defense review
`(a) REVIEW REQUIRED- The Secretary of Defense shall every four years,
during a year following a year evenly divisible by four, conduct a
comprehensive examination (to be known as a `quadrennial defense review') of
the national defense strategy, force structure, force modernization plans,
infrastructure, budget plan, and other elements of the defense program and
policies of the United States with a view toward determining and expressing
the defense strategy of the United States and establishing a defense program
for the next 20 years. Each such quadrennial defense review shall be conducted
in consultation with the Chairman of the Joint Chiefs of Staff.
`(b) CONDUCT OF REVIEW- Each quadrennial defense review shall be conducted
so as--
`(1) to delineate a national defense strategy consistent with the most
recent National Security Strategy prescribed by the President pursuant to
section 108 of the National Security Act of 1947 (50 U.S.C. 404a);
`(2) to define sufficient force structure, force modernization plans,
infrastructure, budget plan, and other elements of the defense program of
the United States associated with that national defense strategy that would
be required to execute successfully the full range of missions called for in
that national defense strategy; and
`(3) to identify (A) the budget plan that would be required to provide
sufficient resources to execute successfully the full range of missions
called for in that national defense strategy at a low-to-moderate level of
risk, and (B) any additional resources (beyond those programmed in the
current future-years defense program) required to achieve such a level of
risk.
`(c) ASSESSMENT OF RISK- The assessment of risk for the purposes of
subsection (b) shall be undertaken by the Secretary of Defense in consultation
with the Chairman of the Joint Chiefs of Staff. That assessment shall define
the nature and magnitude of the political, strategic, and military risks
associated with executing the missions called for under the national defense
strategy.
`(d) SUBMISSION OF QDR TO CONGRESSIONAL COMMITTEES- The Secretary shall
submit a report on each quadrennial defense review to the Committees on Armed
Services of the Senate and the House of Representatives. The report shall be
submitted not later than September 30 of the year in which the review is
conducted. The report shall include the following:
`(1) The results of the review, including a comprehensive discussion of
the national defense strategy of the United States and the force structure
best suited to implement that strategy at a low-to-moderate level of
risk.
`(2) The assumed or defined national security interests of the United
States that inform the national defense strategy defined in the
review.
`(3) The threats to the assumed or defined national security interests
of the United States that were examined for the purposes of the review and
the scenarios developed in the examination of those threats.
`(4) The assumptions used in the review, including assumptions relating
to--
`(A) the status of readiness of United States forces;
`(B) the cooperation of allies, mission-sharing and additional
benefits to and burdens on United States forces resulting from coalition
operations;
`(D) levels of engagement in operations other than war and
smaller-scale contingencies and withdrawal from such operations and
contingencies; and
`(E) the intensity, duration, and military and political end-states of
conflicts and smaller-scale contingencies.
`(5) The effect on the force structure and on readiness for
high-intensity combat of preparations for and participation in operations
other than war and smaller-scale contingencies.
`(6) The manpower and sustainment policies required under the national
defense strategy to support engagement in conflicts lasting longer than 120
days.
`(7) The anticipated roles and missions of the reserve components in the
national defense strategy and the strength, capabilities, and equipment
necessary to assure that the reserve components can capably discharge those
roles and missions.
`(8) The appropriate ratio of combat forces to support forces (commonly
referred to as the `tooth-to-tail' ratio) under the national defense
strategy, including, in particular, the appropriate number and size of
headquarters units and Defense Agencies for that purpose.
`(9) The strategic and tactical air-lift, sea-lift, and ground
transportation capabilities required to support the national defense
strategy.
`(10) The forward presence, pre-positioning, and other anticipatory
deployments necessary under the national defense strategy for conflict
deterrence and adequate military response to anticipated conflicts.
`(11) The extent to which resources must be shifted among two or more
theaters under the national defense strategy in the event of conflict in
such theaters.
`(12) The advisability of revisions to the Unified Command Plan as a
result of the national defense strategy.
`(13) The effect on force structure of the use by the armed forces of
technologies anticipated to be available for the ensuing 20 years.
`(14) Any other matter the Secretary considers appropriate.
`(e) CJCS REVIEW- Upon the completion of each review under subsection (a),
the Chairman of the Joint Chiefs of Staff shall prepare and submit to the
Secretary of Defense the Chairman's assessment of the review, including the
Chairman's assessment of risk. The Chairman's assessment shall be submitted to
the Secretary in time for the inclusion of the assessment in the report. The
Secretary shall include the Chairman's assessment, together with the
Secretary's comments, in the report in its entirety.'.
(2) The table of sections at the beginning of chapter 2 of such title is
amended by inserting after the item relating to section 117 the following new
item:
`118. Quadrennial defense review.'.
(b) DATE FOR SUBMISSION OF NATIONAL SECURITY STRATEGY- Section 108(a) of
the National Security Act of 1947 (50 U.S.C. 404a(a)) is amended by adding at
the end the following new paragraph:
`(3) Not later than 150 days after the date on which a new President takes
office, the President shall transmit to Congress a national security strategy
report under this section. That report shall be in addition to the report for
that year transmitted at the time specified in paragraph (2).'.
(c) SPECIFIED MATTER FOR NEXT QDR- In the first quadrennial defense review
conducted under section 118 of title 10, United States Code, as added by
subsection (a), the Secretary shall include in the technologies considered for
the purposes of paragraph (13) of subsection (d) of that section the
following: precision guided munitions, stealth, night vision, digitization,
and communications.
SEC. 902. MINIMUM INTERVAL FOR UPDATING AND REVISING DEPARTMENT OF
DEFENSE STRATEGIC PLAN.
Section 306(b) of title 5, United States Code, is amended by striking `,
and shall be updated and revised at least every three years.' and inserting a
period and the following: `The strategic plan shall be updated and revised at
least every three years, except that the strategic plan for the Department of
Defense shall be updated and revised at least every four years.'.
Subtitle B--Department of Defense Organization
SEC. 911. RESPONSIBILITY FOR LOGISTICS AND SUSTAINMENT FUNCTIONS OF THE
DEPARTMENT OF DEFENSE.
(a) UNDER SECRETARY OF DEFENSE FOR ACQUISITION AND TECHNOLOGY- (1) The
position of Under Secretary of Defense for Acquisition and Technology in the
Department of Defense is hereby redesignated as the Under Secretary of Defense
for Acquisition, Technology, and Logistics. Any reference in any law,
regulation, document, or other record of the United States to the Under
Secretary of Defense for Acquisition and Technology shall be treated as
referring to the Under Secretary of Defense for Acquisition, Technology, and
Logistics.
(2) Section 133 of title 10, United States Code, is amended--
(A) in subsections (a), (b), and (e)(1), by striking `Under Secretary of
Defense for Acquisition and Technology' and inserting `Under Secretary of
Defense for Acquisition, Technology, and Logistics'; and
(i) by striking `logistics,' in paragraph (2);
(ii) by redesignating paragraphs (3) and (4) as paragraphs (4) and
(5), respectively; and
(iii) by inserting after paragraph (2) the following new paragraph
(3):
`(3) establishing policies for logistics, maintenance, and sustainment
support for all elements of the Department of Defense;'.
(b) NEW DEPUTY UNDER SECRETARY FOR LOGISTICS AND MATERIEL READINESS- (1)
Chapter 4 of title 10, United States Code, is amended by inserting after
section 133a the following new section:
-`Sec. 133b. Deputy Under Secretary of Defense for Logistics and Materiel
Readiness
`(a) There is a Deputy Under Secretary of Defense for Logistics and
Materiel Readiness, appointed from civilian life by the President, by and with
the advice and consent of the Senate. The Deputy Under Secretary shall be
appointed from among persons with an extensive background in the sustainment
of major weapon systems and combat support equipment.
`(b) The Deputy Under Secretary is the principal adviser to the Secretary
and the Under Secretary of Defense for Acquisition, Technology, and Logistics
on logistics and materiel readiness in the Department of Defense and is the
principal logistics official within the senior management of the Department of
Defense.
`(c) The Deputy Under Secretary shall perform such duties relating to
logistics and materiel readiness as the Under Secretary of Defense for
Acquisition, Technology, and Logistics may assign, including--
`(1) prescribing, by authority of the Secretary of Defense, policies and
procedures for the conduct of logistics, maintenance, materiel readiness,
and sustainment support in the Department of Defense;
`(2) advising and assisting the Secretary of Defense, the Deputy
Secretary of Defense, and the Under Secretary of Defense for Acquisition,
Technology, and Logistics providing guidance to and consulting with the
Secretaries of the military departments, with respect to logistics,
maintenance, materiel readiness, and sustainment support in the Department
of Defense; and
`(3) monitoring and reviewing all logistics, maintenance, materiel
readiness, and sustainment support programs in the Department of
Defense.'.
(2) Section 5314 of title 5, United States Code, is amended by inserting
after the paragraph relating to the Deputy Under Secretary of Defense for
Acquisition and Technology the following new paragraph:
`Deputy Under Secretary of Defense for Logistics and Materiel
Readiness.'.
(c) REVISIONS TO LAW PROVIDING FOR DEPUTY UNDER SECRETARY FOR ACQUISITION
AND TECHNOLOGY- Section 133a(b) of title 10, United States Code, is
amended--
(1) by striking `his duties' in the first sentence and inserting `the
Under Secretary's duties relating to acquisition and technology'; and
(2) by striking the second sentence.
(d) CONFORMING AMENDMENTS TO CHAPTER 4- Chapter 4 of such title is further
amended as follows:
(1) Sections 131(b)(2), 134(c), 137(b), and 139(b) are amended by
striking `Under Secretary of Defense for Acquisition and Technology' each
place it appears and inserting `Under Secretary of Defense for Acquisition,
Technology, and Logistics'.
(2) The heading of section 133 is amended to read as follows:
-`Sec. 133. Under Secretary of Defense for Acquisition, Technology, and
Logistics'.
(3) The table of sections at the beginning of the chapter is
amended--
(A) by striking the item relating to section 133 and inserting the
following:
`133. Under Secretary of Defense for Acquisition, Technology, and
Logistics.';
(B) by inserting after the item relating to section 133a the following
new item:
`133b. Deputy Under Secretary of Defense for Logistics and Materiel
Readiness.'.
(e) ADDITIONAL CONFORMING AMENDMENTS- Section 5313 of title 5, United
States Code, is amended by striking `Under Secretary of Defense for
Acquisition and Technology' and inserting `Under Secretary of Defense for
Acquisition, Technology, and Logistics'.
SEC. 912. ENHANCEMENT OF TECHNOLOGY SECURITY PROGRAM OF DEPARTMENT OF
DEFENSE.
(a) SPECIFICATION OF TECHNOLOGY SECURITY DIRECTORATE- For purposes of this
section, a reference to the Technology Security Directorate is a reference to
the element within the Defense Threat Reduction Agency of the Department of
Defense having responsibility for technology security matters (known as of the
date of the enactment of this Act as the Technology Security Directorate).
(b) FUNCTIONS- The head of the Technology Security Directorate shall have
authority to advise the Secretary of Defense and the Deputy Secretary of
Defense, through the Under Secretary of Defense for Policy, on policy issues
related to the transfer of strategically sensitive technology, including
issues relating to the following:
(2) Defense cooperative programs.
(3) Science and technology agreements and exchanges.
(4) Export of munitions items.
(5) International memorandums of understanding.
(6) Foreign acquisitions.
(c) RESOURCES FOR TECHNOLOGY SECURITY DIRECTORATE- The Secretary of
Defense shall ensure that the head of the Technology Security Directorate has
appropriate personnel and fiscal resources available, and receives all
necessary support, to carry out the missions of the Directorate efficiently
and effectively.
(d) APPROVAL AUTHORITY OF UNDER SECRETARY FOR POLICY- Staff and resources
of the Technology Security Directorate may not be used to fulfill any
requirement or activity of the Defense Threat Reduction Agency that does not
directly relate to the technology security and export control missions of the
Technology Security Directorate except with the prior approval of the Under
Secretary of Defense for Policy.
(e) REPORT ON EXPORT CONTROL RESOURCES- Not later than March 1, 2000, the
Secretary of Defense shall submit to the congressional defense committees a
report setting forth the personnel and budget resources of the Technology
Security Directorate as of October 1, 1998, and as of September 30, 1999, as
well as any planned increases in those resources for fiscal years 2000 and
2001. The report shall include the following:
(1) Numbers of personnel, measured in full-time equivalents.
(2) Number of license applications reviewed.
(3) The budget of the Technology Security Directorate.
(4) The number of personnel during the preceding fiscal year assigned to
the Technology Security Directorate who were assigned during that year to
assist in activities of the Defense Threat Reduction Agency unrelated to
technology security or export control issues, together with an explanation
of the effect of any such assignment on the Directorate's ability to fulfill
its mission.
SEC. 913. EFFICIENT UTILIZATION OF DEFENSE LABORATORIES.
(a) ANALYSIS BY INDEPENDENT PANEL- (1) Not later than 45 days after the
date of the enactment of this Act, the Secretary of Defense shall convene a
panel of independent experts under the auspices of the Defense Science Board
to conduct an analysis of the resources and capabilities of all of the
laboratories and test and evaluation facilities of the Department of Defense,
including those of the military departments. In conducting the analysis, the
panel shall identify opportunities to achieve efficiency and reduce
duplication of efforts by consolidating responsibilities by area or function
or by designating lead agencies or executive agents in cases considered
appropriate. The panel shall report its findings to the Secretary of Defense
and to Congress not later than August 1, 2000.
(2) The analysis required by paragraph (1) shall, at a minimum, address
the capabilities of the laboratories and test and evaluation facilities in the
areas of air vehicles, armaments, command, control, communications, and
intelligence, space, directed energy, electronic warfare, medicine, corporate
laboratories, civil engineering, geophysics, and the environment.
(b) PERFORMANCE REVIEW PROCESS- Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall develop an
appropriate performance review process for rating the quality and relevance of
work performed by the Department of Defense laboratories. The process shall
include customer evaluation and peer review by Department of Defense personnel
and appropriate experts from outside the Department of Defense. The process
shall provide for rating all laboratories of the Army, Navy, and Air Force on
a consistent basis.
SEC. 914. CENTER FOR THE STUDY OF CHINESE MILITARY AFFAIRS.
(a) ESTABLISHMENT- The Secretary of Defense shall establish a Center for
the Study of Chinese Military Affairs as part of the National Defense
University. The Center shall be organized under the Institute for National
Strategic Studies of the University.
(b) QUALIFICATIONS OF DIRECTOR- The Director of the Center shall be an
individual who is a distinguished scholar of proven academic, management, and
leadership credentials with a superior record of achievement and publication
regarding Chinese political, strategic, and military affairs.
(c) MISSION- The mission of the Center is to study and inform policymakers
in the Department of Defense, Congress, and throughout the Government
regarding the national goals and strategic posture of the People's Republic of
China and the ability of that nation to develop, field, and deploy an
effective military instrument in support of its national strategic objectives.
The Center shall accomplish that mission by a variety of means intended to
widely disseminate the research findings of the Center.
(d) STARTUP OF CENTER- The Secretary of Defense shall establish the Center
for the Study of Chinese Military Affairs not later than March 1, 2000. The
first Director of the Center shall be appointed not later than June 1, 2000.
The Center should be fully operational not later than June 1, 2001.
(e) IMPLEMENTATION REPORT- (1) Not later than January 1, 2001, the
President of the National Defense University shall submit to the Secretary of
Defense a report setting forth the President's organizational plan for the
Center for the Study of Chinese Military Affairs, the proposed budget for the
Center, and the timetable for initial and full operations of the Center. The
President of the National Defense University shall prepare that report in
consultation with the Director of the Center and the Director of the Institute
for National Strategic Studies of the University.
(2) The Secretary of Defense shall transmit the report under paragraph
(1), together with whatever comments the Secretary considers appropriate, to
the Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives not later than February 1, 2001.
SEC. 915. AUTHORITY FOR ACCEPTANCE BY ASIA-PACIFIC CENTER FOR SECURITY
STUDIES OF FOREIGN GIFTS AND DONATIONS.
(a) IN GENERAL- Chapter 155 of title 10, United States Code, is amended by
adding at the end the following new section:
-`Sec. 2611. Asia-Pacific Center for Security Studies: acceptance of foreign
gifts and donations
`(a) AUTHORITY TO ACCEPT FOREIGN GIFTS AND DONATIONS- (1) Subject to
subsection (b), the Secretary of Defense may accept, on behalf of the
Asia-Pacific Center, foreign gifts or donations in order to defray the costs
of, or enhance the operation of, the Asia-Pacific Center.
`(2) In this section, the term `Asia-Pacific Center' means the Department
of Defense organization within the United States Pacific Command known as the
Asia-Pacific Center for Security Studies.
`(b) LIMITATION- The Secretary may not accept a gift or donation under
subsection (a) if the acceptance of the gift or donation would compromise or
appear to compromise--
`(1) the ability of the Department of Defense, any employee of the
Department, or members of the armed forces to carry out any responsibility
or duty of the Department in a fair and objective manner; or
`(2) the integrity of any program of the Department of Defense or of any
person involved in such a program.
`(c) CRITERIA FOR ACCEPTANCE- The Secretary shall prescribe written
guidance setting forth the criteria to be used in determining whether the
acceptance of a foreign gift or donation would have a result described in
subsection (b).
`(d) CREDITING OF FUNDS- Funds accepted by the Secretary under subsection
(a) shall be credited to appropriations available to the Department of Defense
for the Asia-Pacific Center. Funds so credited shall be merged with the
appropriations to which credited and shall be available to the Asia-Pacific
Center for the same purposes and same period as the appropriations with which
merged.
`(e) NOTICE TO CONGRESS- If the total amount of funds accepted under
subsection (a) in any fiscal year exceeds $2,000,000, the Secretary shall
notify Congress of the amount of those donations for that fiscal year. Any
such notice shall list each of the contributors of such amounts and the amount
of each contribution in that fiscal year.
`(f) FOREIGN GIFT OR DONATION DEFINED- For purposes of this section, a
foreign gift or donation is a gift or donation of funds, materials (including
research materials), property, or services (including lecture services and
faculty services) from a foreign government, a foundation or other charitable
organization in a foreign country, or an individual in a foreign country.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by adding at the end the following new item:
`2611. Asia-Pacific Center for Security Studies: acceptance of foreign gifts
and donations.'.
Subtitle C--Personnel Management
SEC. 921. REVISIONS TO LIMITATIONS ON NUMBER OF PERSONNEL ASSIGNED TO
MAJOR DEPARTMENT OF DEFENSE HEADQUARTERS ACTIVITIES.
(a) REVISED LIMITATION- (1) Section 130a of title 10, United States Code,
is amended to read as follows:
-`Sec. 130a. Major Department of Defense headquarters activities personnel:
limitation
`(a) LIMITATION- Effective October 1, 2002, the number of major
headquarters activities personnel in the Department of Defense may not exceed
85 percent of the baseline number.
`(b) PHASED REDUCTION- The number of major headquarters activities
personnel in the Department of Defense--
`(1) as of October 1, 2000, may not exceed 95 percent of the baseline
number; and
`(2) as of October 1, 2001, may not exceed 90 percent of the baseline
number.
`(c) BASELINE NUMBER- In this section, the term `baseline number' means
the number of major headquarters activities personnel in the Department of
Defense as of October 1, 1999.
`(d) MAJOR HEADQUARTERS ACTIVITIES- (1) For purposes of this section,
major headquarters activities are those headquarters (and the direct support
integral to their operation) the primary mission of which is to manage or
command the programs and operations of the Department of Defense, the
Department of Defense components, and their major military units,
organizations, or agencies. Such term includes management headquarters,
combatant headquarters, and direct support.
`(2) The specific elements of the Department of Defense that are major
headquarters activities for the purposes of this section are those elements
identified as Major DoD Headquarters Activities in accordance with Department
of Defense Directive 5100.73, entitled `Major Department of Defense
Headquarters Activities', issued on May 13, 1999. The provisions of that
directive applicable to identification of any activity as a `Major DoD
Headquarters Activity' may not be changed except as provided by law.
`(e) MAJOR HEADQUARTERS ACTIVITIES PERSONNEL- In this section, the term
`major headquarters activities personnel' means military and civilian
personnel of the Department of Defense who are assigned to, or employed in,
functions in major headquarters activities.
`(f) LIMITATION ON REASSIGNMENT OF FUNCTIONS- In carrying out reductions
in the number of personnel assigned to, or employed in, major headquarters
activities in order to comply with this section, the Secretary of Defense and
the Secretaries of the military departments may not reassign functions in
order to evade the requirements of this section.'.
(2) The item relating to such section in the table of sections at the
beginning of chapter 3 of such title is amended to read as follows:
`130a. Major Department of Defense headquarters activities personnel:
limitation.'.
(b) REPORT- Not later than October 1, 2000, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report providing--
(1) the Secretary's assessment of the manner in which major headquarters
activities are specified in subsection (d) of section 130a of title 10,
United States Code, as amended by subsection (a);
(2) the baseline number in effect for purposes of that section;
and
(3) the effect (if any) of the reductions required by that section on
the Department's various headquarters activities.
(c) TECHNICAL AMENDMENTS TO UPDATE LIMITATION ON OSD PERSONNEL- Effective
October 1, 1999, section 143 of title 10, United States Code, is amended--
(A) by striking `Effective October 1, 1999, the' and inserting `The';
and
(B) by striking `75 percent of the baseline number' and inserting
`3,767'.
(2) by striking subsections (b), (c), and (f); and
(3) by redesignating subsections (d) and (e) as subsections (b) and (c),
respectively.
SEC. 922. DEFENSE ACQUISITION WORKFORCE REDUCTIONS.
(a) REDUCTION- The Secretary of Defense shall implement reductions during
fiscal year 2000 in the defense acquisition and support workforce in a number
not less than the number by which that workforce is programmed to be reduced
during that fiscal year in the President's budget for that fiscal year.
(b) ADMINISTRATIVE FLEXIBILITY- If the Secretary determines and certifies
to Congress that changed circumstances require, in the national security
interest of the United States, that the reduction under subsection (a) be in a
number less than the number applicable under that subsection, the Secretary
may specify a lower number for that reduction, which may not be less than 10
percent less than the number applicable under subsection (a).
(c) REPORT- Not later than May 1, 2000, the Secretary shall submit to
Congress a report on the defense acquisition and support workforce. The
Secretary shall include in that report--
(1) the total number of personnel the Secretary expects to reduce from
the defense acquisition and support workforce during fiscal year 2000
pursuant to subsection (a); and
(2) the total number by which that workforce is programmed to be reduced
for fiscal year 2001 in the President's budget for that fiscal year.
(d) DEFENSE ACQUISITION WORKFORCE DEFINED- For purposes of this section,
the term `defense acquisition and support workforce' has the meaning given
that term in section 931(d) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
2106).
SEC. 923. MONITORING AND REPORTING REQUIREMENTS REGARDING OPERATIONS
TEMPO AND PERSONNEL TEMPO.
(a) RESPONSIBILITY OVER MONITORING AND STANDARDS- Section 136 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
`(d) The Under Secretary of Defense for Personnel and Readiness is
responsible, subject to the authority, direction, and control of the Secretary
of Defense, for the monitoring of the operations tempo and personnel tempo of
the armed forces. The Under Secretary shall establish, to the extent
practicable, uniform standards within the Department of Defense for
terminology and policies relating to deployment of units and personnel away
from their assigned duty stations (including the length of time units or
personnel may be away for such a deployment) and shall establish uniform
reporting systems for tracking deployments.'.
(b) ANNUAL REPORTING REQUIREMENTS- (1) Chapter 23 of such title is amended
by adding after section 486, as added by section 241(a), the following new
section:
-`Sec. 487. Unit operations tempo and personnel tempo: annual report
`(a) INCLUSION IN ANNUAL REPORT- The Secretary of Defense shall include in
the annual report required by section 113(c) of this title a description of
the operations tempo and personnel tempo of the armed forces.
`(b) SPECIFIC REQUIREMENTS- (1) Until such time as the Secretary of
Defense develops a common method to measure operations tempo and personnel
tempo for the armed forces, the description required under subsection (a)
shall include the methods by which each of the armed forces measures
operations tempo and personnel tempo.
`(2) The description shall include the personnel tempo policies of each of
the armed forces and any changes to these policies since the preceding
report.
`(3) The description shall include a table depicting the active duty end
strength for each of the armed forces for each of the preceding five years and
also depicting the number of members of each of the armed forces deployed over
the same period, as determined by the Secretary concerned.
`(4) The description shall identify the active and reserve component units
of the armed forces participating at the battalion, squadron, or an equivalent
level (or a higher level) in contingency operations, major training events,
and other exercises and contingencies of such a scale that the exercises and
contingencies receive an official designation, that were conducted during the
period covered by the report and the duration of their participation.
`(5) For each of the armed forces, the description shall indicate the
average number of days a member of that armed force was deployed away from the
member's home station during the period covered by the report as compared to
recent previous years for which such information is available.
`(6) For each of the armed forces, the description shall indicate the
number of days that high demand, low density units (as defined by the Chairman
of the Joint Chiefs of Staff) were deployed during the period covered by the
report, and whether these units met the force goals for limiting deployments,
as described in the personnel tempo policies applicable to that armed
force.
`(c) OPERATIONS TEMPO AND PERSONNEL TEMPO DEFINED- Until such time as the
Secretary of Defense establishes definitions of operations tempo and personnel
tempo applicable to all of the armed forces, the following definitions shall
apply for purposes of the preparation of the description required under
subsection (a):
`(1) The term `operations tempo' means the rate at which units of the
armed forces are involved in all military activities, including contingency
operations, exercises, and training deployments.
`(2) The term `personnel tempo' means the amount of time members of the
armed forces are engaged in their official duties, including official duties
at a location or under circumstances that make it infeasible for a member to
spend off-duty time in the housing in which the member resides when on
garrison duty at the member's permanent duty station.
`(d) OTHER DEFINITIONS- In this section, the term `armed forces' does not
include the Coast Guard when it is not operating as a service in the
Department of the Navy.'.
(2) The table of sections at the beginning of such chapter is amended by
adding after the item relating to section 486, as added by section 241(a), the
following new item:
`487. Unit operations tempo and personnel tempo: annual report.'.
SEC. 924. ADMINISTRATION OF DEFENSE REFORM INITIATIVE ENTERPRISE PROGRAM
FOR MILITARY MANPOWER AND PERSONNEL INFORMATION.
(a) EXECUTIVE AGENT- The Secretary of Defense may designate the Secretary
of the Navy as the Department of Defense executive agent for carrying out the
pilot program described in subsection (c).
(b) IMPLEMENTING OFFICE- If the Secretary of Defense makes the designation
referred to in subsection (a), the Secretary of the Navy, in carrying out that
pilot program, shall act through the head of the Systems Executive Office for
Manpower and Personnel of the Department of the Navy, who shall act in
coordination with the Under Secretary of Defense for Personnel and Readiness
and the Chief Information Officer of the Department of Defense.
(c) PILOT PROGRAM- The pilot program referred to in subsection (a) is the
defense reform initiative enterprise pilot program for military manpower and
personnel information established pursuant to section 8147 of the Department
of Defense Appropriations Act, 1999 (Public Law 105-262; 112 Stat. 2341; 10
U.S.C. 113 note).
SEC. 925. PAYMENT OF TUITION FOR EDUCATION AND TRAINING OF MEMBERS IN
DEFENSE ACQUISITION WORKFORCE.
(a) AUTHORITY TO EXCEED 75 PERCENT LIMITATION- Subsection (a) of section
1745 of title 10, United States Code, is amended to read as follows:
`(a) TUITION REIMBURSEMENT AND TRAINING- (1) The Secretary of Defense
shall provide for tuition reimbursement and training (including a full-time
course of study leading to a degree) for acquisition personnel in the
Department of Defense.
`(2) For civilian personnel, the reimbursement and training shall be
provided under section 4107(b) of title 5 for the purposes described in that
section. For purposes of such section 4107(b), there is deemed to be, until
September 30, 2001, a shortage of qualified personnel to serve in acquisition
positions in the Department of Defense.
`(3) In the case of members of the armed forces, the limitation in section
2007(a) of this title shall not apply to tuition reimbursement and training
provided for under this subsection.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply with
respect to charges for tuition or expenses incurred after the date of the
enactment of this Act.
Subtitle D--Other Matters
SEC. 931. ADDITIONAL MATTERS FOR ANNUAL REPORTS ON JOINT WARFIGHTING
EXPERIMENTATION.
Section 485(b) of title 10, United States Code, is amended by adding at
the end the following new paragraph:
`(5) With respect to improving the effectiveness of joint warfighting,
any recommendations that the commander considers appropriate, based on the
results of joint warfighting experimentation, regarding--
`(A) the development, procurement, or fielding of advanced
technologies, systems, or weapons or systems platforms or other changes in
doctrine, operational concepts, organization, training, materiel,
leadership, personnel, or the allocation of resources;
`(B) the reduction or elimination of redundant equipment and forces,
including guidance regarding the synchronization of the fielding of
advanced technologies among the armed forces to enable the development and
execution of joint operational concepts;
`(C) recommendations for mission needs statements, operational
requirements, and relative priorities for acquisition programs to meet
joint requirements; and
`(D) a description of any actions taken by the Secretary of Defense to
implement the recommendations of the commander.'.
SEC. 932. OVERSIGHT OF DEPARTMENT OF DEFENSE ACTIVITIES TO COMBAT
TERRORISM.
(a) REPORT REQUIREMENT- Not later than December 31, 1999, the Secretary of
Defense shall submit to the congressional defense committees a report, in
classified and unclassified form, identifying all programs and activities of
the Department of Defense combating terrorism program. The report shall
include--
(1) the definitions used by the Department of Defense for all terms
relating to combating terrorism, including `counterterrorism',
`anti-terrorism', and `consequence management'; and
(2) the various initiatives and projects being conducted by the
Department that fall under each of the categories referred to in paragraph
(1).
(b) ANNUAL BUDGET INFORMATION- (1) Chapter 9 of title 10, United States
Code, is amended by adding at the end the following new section:
-`Sec. 229. Programs for combating terrorism: display of budget information
`(a) SUBMISSION WITH ANNUAL BUDGET JUSTIFICATION DOCUMENTS- The Secretary
of Defense shall submit to Congress, as a part of the documentation that
supports the President's annual budget for the Department of Defense, a
consolidated budget justification display, in classified and unclassified
form, that includes all programs and activities of the Department of Defense
combating terrorism program.
`(b) REQUIREMENTS FOR BUDGET DISPLAY- The budget display under subsection
(a) shall include--
`(1) the amount requested, by appropriation and functional area, for
each of the program elements, projects, and initiatives that support the
Department of Defense combating terrorism program, with supporting narrative
descriptions and rationale for the funding levels requested; and
`(2) a summary, to the program element and project level of detail, of
estimated expenditures for the current year, funds requested for the budget
year, and budget estimates through the completion of the current
future-years defense plan for the Department of Defense combating terrorism
program.
`(c) EXPLANATION OF INCONSISTENCIES- As part of the budget display under
subsection (a) for any fiscal year, the Secretary shall identify and
explain--
`(1) any inconsistencies between (A) the information submitted under
subsection (b) for that fiscal year, and (B) the information provided to the
Director of the Office of Management and Budget in support of the annual
report of the President to Congress on funding for executive branch
counterterrorism and antiterrorism programs and activities for that fiscal
year in accordance with section 1051(b) of the National Defense
Authorization Act for Fiscal Year 1998 (31 U.S.C. 1113 note); and
`(2) any inconsistencies between (A) the execution, during the previous
fiscal year and the current fiscal year, of programs and activities of the
Department of Defense combating terrorism program, and (B) the funding and
specification for such programs and activities for those fiscal years in the
manner provided by Congress (both in statutes and in relevant legislative
history).
`(d) SEMIANNUAL REPORTS ON OBLIGATIONS AND EXPENDITURES- The Secretary
shall submit to the congressional defense committees a semiannual report on
the obligation and expenditure of funds for the Department of Defense
combating terrorism program. Such reports shall be submitted not later than
April 15 each year, with respect to the first half of a fiscal year, and not
later than November 15 each year, with respect to the second half of a fiscal
year. Each such report shall compare the amounts of those obligations and
expenditures to the amounts authorized and appropriated for the Department of
Defense combating terrorism program for that fiscal year, by budget activity,
sub-budget activity, and program element or line item. The second report for a
fiscal year shall show such information for the second half of the fiscal year
and cumulatively for the whole fiscal year. The report shall be submitted in
unclassified form, but may have a classified annex.
`(e) DEPARTMENT OF DEFENSE COMBATING TERRORISM PROGRAM- In this section,
the term `Department of Defense combating terrorism program' means the
programs, projects, and activities of the Department of Defense related to
combating terrorism inside and outside the United States.
`(f) CONGRESSIONAL DEFENSE COMMITTEES DEFINED- In this section, the term
`congressional defense committees' means--
`(A) the Committee on Armed Services and the Committee on Appropriations
of the Senate; and
`(B) the Committee on Armed Services and the Committee on Appropriations
of the House of Representatives.'.
(2) The table of sections at the beginning of such chapter is amended by
adding at the end the following new item:
`229. Programs for combating terrorism: display of budget
information.'.
SEC. 933. RESPONSIBILITIES AND ACCOUNTABILITY FOR CERTAIN FINANCIAL
MANAGEMENT FUNCTIONS.
(a) IN GENERAL- (1) Chapter 165 of title 10, United States Code, is
amended by adding at the end the following new sections:
`Sec. 2784. Management of credit cards
`(a) MANAGEMENT OF CREDIT CARDS- The Secretary of Defense, acting through
the Under Secretary of Defense (Comptroller), shall prescribe regulations
governing the use and control of all credit cards and convenience checks that
are issued to Department of Defense personnel for official use. Those
regulations shall be consistent with regulations that apply Government-wide
regarding use of credit cards by Government personnel for official
purposes.
`(b) REQUIRED SAFEGUARDS AND INTERNAL CONTROLS- Regulations under
subsection (a) shall include safeguards and internal controls to ensure the
following:
`(1) That there is a record in the Department of Defense of each holder
of a credit card issued by the Department of Defense for official use,
annotated with the limitations on amounts that are applicable to the use of
each such card by that credit card holder.
`(2) That the holder of a credit card and each official with authority
to authorize expenditures charged to the credit card are responsible
for--
`(A) reconciling the charges appearing on each statement of account
for that credit card with receipts and other supporting documentation;
and
`(B) forwarding that statement after being so reconciled to the
designated disbursing office in a timely manner.
`(3) That any disputed credit card charge, and any discrepancy between a
receipt and other supporting documentation and the credit card statement of
account, is resolved in the manner prescribed in the applicable
Government-wide credit card contract entered into by the Administrator of
General Services.
`(4) That payments on credit card accounts are made promptly within
prescribed deadlines to avoid interest penalties.
`(5) That rebates and refunds based on prompt payment on credit card
accounts are properly recorded.
`(6) That records of each credit card transaction (including records on
associated contracts, reports, accounts, and invoices) are retained in
accordance with standard Government policies on the disposition of
records.
`Sec. 2785. Remittance addresses: regulation of alterations
`The Secretary of Defense, acting through the Under Secretary of Defense
(Comptroller), shall prescribe regulations setting forth controls on
alteration of remittance addresses. Those regulations shall ensure that--
`(1) a remittance address for a disbursement that is provided by an
officer or employee of the Department of Defense authorizing or requesting
the disbursement is not altered by any officer or employee of the department
authorized to prepare the disbursement; and
`(2) a remittance address for a disbursement is altered only if the
alteration--
`(A) is requested by the person to whom the disbursement is authorized
to be remitted; and
`(B) is made by an officer or employee authorized to do so who is not
an officer or employee referred to in paragraph (1).'.
(2) The table of sections at the beginning of such chapter is amended by
adding at the end the following new items:
`2784. Management of credit cards.
`2785. Remittance addresses: regulation of alterations.'.
(b) EFFECTIVE DATE- (1) Regulations under section 2784 of title 10, United
States Code, as added by subsection (a), shall be prescribed not later than
180 days after the date of the enactment of this Act.
(2) Regulations under section 2785 of title 10, United States Code, as
added by subsection (a), shall be prescribed not later than 180 days after the
date of the enactment of this Act.
SEC. 934. MANAGEMENT OF CIVIL AIR PATROL.
(a) SENSE OF CONGRESS- It is the sense of Congress that no major change to
the governance structure of the Civil Air Patrol should be mandated by
Congress until a review of potential improvements in the management and
oversight of Civil Air Patrol operations is conducted.
(b) GAO STUDY- The Comptroller General shall conduct a study of potential
improvements to Civil Air Patrol operations, including Civil Air Patrol
financial management, Air Force and Civil Air Patrol oversight, and the Civil
Air Patrol safety program. Not later than February 15, 2000, the Comptroller
General shall submit a report on the results of the study to the congressional
defense committees.
(c) INSPECTOR GENERAL REVIEW- (1) The Inspector General of the Department
of Defense shall review the financial and management operations of the Civil
Air Patrol. The review shall include an audit.
(2) Not later than February 15, 2000, the Inspector General shall submit
to the congressional defense committees a report on the review, including,
specifically, the results of the audit. The report shall include any
recommendations that the Inspector General considers appropriate regarding
actions necessary to ensure the proper oversight of the financial and
management operations of the Civil Air Patrol.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authorization of emergency supplemental appropriations for fiscal
year 1999.
Sec. 1004. Supplemental appropriations request for operations in Yugoslavia.
Sec. 1005. United States contribution to NATO common-funded budgets in fiscal
year 2000.
Sec. 1006. Limitation on funds for Bosnia peacekeeping operations for fiscal
year 2000.
Sec. 1007. Second biennial financial management improvement plan.
Sec. 1008. Waiver authority for requirement that electronic transfer of funds
be used for Department of Defense payments.
Sec. 1009. Single payment date for invoice for various subsistence items.
Sec. 1010. Payment of foreign licensing fees out of proceeds of sale of maps,
charts, and navigational books.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Revision to congressional notice-and-wait period required before
transfer of a vessel stricken from the Naval Vessel Register.
Sec. 1012. Authority to consent to retransfer of former naval vessel.
Sec. 1013. Report on naval vessel force structure requirements.
Sec. 1014. Auxiliary vessels acquisition program for the Department of
Defense.
Sec. 1015. National Defense Features program.
Sec. 1016. Sales of naval shipyard articles and services to nuclear ship
contractors.
Sec. 1017. Transfer of naval vessel to foreign country.
Sec. 1018. Authority to transfer naval vessels to certain foreign countries.
Subtitle C--Support for Civilian Law Enforcement and Counter Drug
Activities
Sec. 1021. Modification of limitation on funding assistance for procurement
of equipment for the National Guard for drug interdiction and counter-drug
activities.
Sec. 1022. Temporary extension to certain naval aircraft of Coast Guard
authority for drug interdiction activities.
Sec. 1023. Military assistance to civil authorities to respond to act or
threat of terrorism.
Sec. 1024. Condition on development of forward operating locations for United
States Southern Command counter-drug detection and monitoring flights.
Sec. 1025. Annual report on United States military activities in Colombia.
Sec. 1026. Report on use of radar systems for counter-drug detection and
monitoring.
Sec. 1027. Plan regarding assignment of military personnel to assist
Immigration and Naturalization Service and Customs Service.
Subtitle D--Miscellaneous Report Requirements and Repeals
Sec. 1031. Preservation of certain defense reporting requirements.
Sec. 1032. Repeal of certain reporting requirements not preserved.
Sec. 1033. Reports on risks under National Military Strategy and combatant
command requirements.
Sec. 1034. Report on lift and prepositioned support requirements to support
National Military Strategy.
Sec. 1035. Report on assessments of readiness to execute the National
Military Strategy.
Sec. 1036. Report on Rapid Assessment and Initial Detection teams.
Sec. 1037. Report on unit readiness of units considered to be assets of
Consequence Management Program Integration Office.
Sec. 1038. Analysis of relationship between threats and budget submission for
fiscal year 2001.
Sec. 1039. Report on NATO Defense Capabilities Initiative.
Sec. 1040. Report on motor vehicle violations by operators of official Army
vehicles.
Subtitle E--Information Security
Sec. 1041. Identification in budget materials of amounts for declassification
activities and limitation on expenditures for such activities.
Sec. 1042. Notice to congressional committees of certain security and
counterintelligence failures within defense programs.
Sec. 1043. Information Assurance Initiative.
Sec. 1044. Nondisclosure of information on personnel of overseas, sensitive,
or routinely deployable units.
Sec. 1045. Nondisclosure of certain operational files of the National Imagery
and Mapping Agency.
Subtitle F--Memorial Objects and Commemorations
Sec. 1051. Moratorium on the return of veterans memorial objects to foreign
nations without specific authorization in law.
Sec. 1052. Program to commemorate 50th anniversary of the Korean War.
Sec. 1053. Commemoration of the victory of freedom in the Cold War.
Subtitle G--Other Matters
Sec. 1061. Defense Science Board task force on use of television and radio as
a propaganda instrument in time of military conflict.
Sec. 1062. Assessment of electromagnetic spectrum reallocation.
Sec. 1063. Extension and reauthorization of Defense Production Act of 1950.
Sec. 1064. Performance of threat and risk assessments.
Sec. 1065. Chemical agents used for defensive training.
Sec. 1066. Technical and clerical amendments.
Sec. 1067. Amendments to reflect name change of Committee on National
Security of the House of Representatives to Committee on Armed Services.
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS- (1) Upon determination by the
Secretary of Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made available to the
Department of Defense in this division for fiscal year 2000 between any such
authorizations for that fiscal year (or any subdivisions thereof). Amounts of
authorizations so transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) The total amount of authorizations that the Secretary may transfer
under the authority of this section may not exceed $2,000,000,000.
(b) LIMITATIONS- The authority provided by this section to transfer
authorizations--
(1) may only be used to provide authority for items that have a higher
priority than the items from which authority is transferred; and
(2) may not be used to provide authority for an item that has been
denied authorization by Congress.
(c) EFFECT ON AUTHORIZATION AMOUNTS- A transfer made from one account to
another under the authority of this section shall be deemed to increase the
amount authorized for the account to which the amount is transferred by an
amount equal to the amount transferred.
(d) NOTICE TO CONGRESS- The Secretary shall promptly notify Congress of
each transfer made under subsection (a).
SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.
(a) STATUS OF CLASSIFIED ANNEX- The Classified Annex prepared by the
committee of conference to accompany the conference report on the bill S. 1059
of the One Hundred Sixth Congress and transmitted to the President is hereby
incorporated into this Act.
(b) CONSTRUCTION WITH OTHER PROVISIONS OF ACT- The amounts specified in
the Classified Annex are not in addition to amounts authorized to be
appropriated by other provisions of this Act.
(c) LIMITATION ON USE OF FUNDS- Funds appropriated pursuant to an
authorization contained in this Act that are made available for a program,
project, or activity referred to in the Classified Annex may only be expended
for such program, project, or activity in accordance with such terms,
conditions, limitations, restrictions, and requirements as are set out for
that program, project, or activity in the Classified Annex.
(d) DISTRIBUTION OF CLASSIFIED ANNEX- The President shall provide for
appropriate distribution of the Classified Annex, or of appropriate portions
of the annex, within the executive branch of the Government.
SEC. 1003. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR FISCAL
YEAR 1999.
(a) ADJUSTMENT OF FISCAL YEAR 1999 AUTHORIZATIONS TO REFLECT SUPPLEMENTAL
APPROPRIATIONS- Subject to subsection (b), amounts authorized to be
appropriated to the Department of Defense for fiscal year 1999 in the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law
105-261) are hereby adjusted, with respect to any such authorized amount, by
the amount by which appropriations pursuant to such authorization were
increased (by a supplemental appropriation) or decreased (by a rescission), or
both, in the 1999 Emergency Supplemental Appropriations Act (Public Law
106-31).
(b) LIMITATION- (1) In the case of a pending defense contingent emergency
supplemental appropriation, an adjustment may be made under subsection (a) in
the amount of an authorization of appropriations by reason of that
supplemental appropriation only if, and to the extent that, the President
transmits to Congress an official amended budget request for that
appropriation that designates the entire amount requested as an emergency
requirement for the specific purpose identified in the 1999 Emergency
Supplemental Appropriations Act as the purpose for which the supplemental
appropriation was made.
(2) For purposes of this subsection, the term `pending defense contingent
emergency supplemental appropriation' means a contingent emergency
supplemental appropriation for the Department of Defense contained in the 1999
Emergency Supplemental Appropriations Act for which an official budget request
that includes designation of the entire amount of the request as an emergency
requirement has not been transmitted to Congress as of the date of the
enactment of this Act.
(3) For purposes of this subsection, the term `contingent emergency
supplemental appropriation' means a supplemental appropriation that--
(A) is designated by Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985; and
(B) by law is available only to the extent that the President transmits
to the Congress an official budget request for that appropriation that
includes designation of the entire amount of the request as an emergency
requirement.
SEC. 1004. SUPPLEMENTAL APPROPRIATIONS REQUEST FOR OPERATIONS IN YUGOSLAVIA.
If the President determines that it is in the national security interest
of the United States to conduct combat or peacekeeping operations in the
Federal Republic of Yugoslavia during fiscal year 2000, the President shall
transmit to the Congress a supplemental appropriations request for the
Department of Defense for such amounts as are necessary for the costs of any
such operation.
SEC. 1005. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN FISCAL
YEAR 2000.
(a) FISCAL YEAR 2000 LIMITATION- The total amount contributed by the
Secretary of Defense in fiscal year 2000 for the common-funded budgets of NATO
may be any amount up to, but not in excess of, the amount specified in
subsection (b) (rather than the maximum amount that would otherwise be
applicable to those contributions under the fiscal year 1998 baseline
limitation).
(b) TOTAL AMOUNT- The amount of the limitation applicable under subsection
(a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end of fiscal year
1999, of funds appropriated for fiscal years before fiscal year 2000 for
payments for those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to be made under
section 2501.
(c) AUTHORIZED AMOUNTS- Amounts authorized to be appropriated by titles II
and III of this Act are available for contributions for the common-funded
budgets of NATO as follows:
(1) Of the amount provided in section 201(1), $750,000 for the Civil
Budget.
(2) Of the amount provided in section 301(1), $216,400,000 for the
Military Budget.
(d) DEFINITIONS- For purposes of this section:
(1) COMMON-FUNDED BUDGETS OF NATO- The term `common-funded budgets of
NATO' means the Military Budget, the Security Investment Program, and the
Civil Budget of the North Atlantic Treaty Organization (and any successor or
additional account or program of NATO).
(2) FISCAL YEAR 1998 BASELINE LIMITATION- The term `fiscal year 1998
baseline limitation' means the maximum annual amount of Department of
Defense contributions for common-funded budgets of NATO that is set forth as
the annual limitation in section 3(2)(C)(ii) of the resolution of the Senate
giving the advice and consent of the Senate to the ratification of the
Protocols to the North Atlantic Treaty of 1949 on the Accession of Poland,
Hungary, and the Czech Republic (as defined in section 4(7) of that
resolution), approved by the Senate on April 30, 1998.
SEC. 1006. LIMITATION ON FUNDS FOR BOSNIA PEACEKEEPING OPERATIONS FOR FISCAL
YEAR 2000.
(a) LIMITATION- (1) Of the amounts authorized to be appropriated by
section 301(24) of this Act for the Overseas Contingency Operations Transfer
Fund, no more than $1,824,400,000 may be obligated for incremental costs of
the Armed Forces for Bosnia peacekeeping operations.
(2) The President may waive the limitation in paragraph (1) after
submitting to Congress the following:
(A) The President's written certification that the waiver is necessary
in the national security interests of the United States.
(B) The President's written certification that exercising the waiver
will not adversely affect the readiness of United States military
forces.
(C) A report setting forth the following:
(i) The reasons that the waiver is necessary in the national security
interests of the United States.
(ii) The specific reasons that additional funding is required for the
continued presence of United States military forces participating in, or
supporting, Bosnia peacekeeping operations for fiscal year 2000.
(iii) A discussion of the impact on the military readiness of United
States Armed Forces of the continuing deployment of United States military
forces participating in, or supporting, Bosnia peacekeeping
operations.
(D) A supplemental appropriations request for the Department of Defense
for such amounts as are necessary for the additional fiscal year 2000 costs
associated with United States military forces participating in, or
supporting, Bosnia peacekeeping operations.
(b) BOSNIA PEACEKEEPING OPERATIONS DEFINED- For the purposes of this
section, the term `Bosnia peacekeeping operations' has the meaning given such
term in section 1004(e) of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2112).
SEC. 1007. SECOND BIENNIAL FINANCIAL MANAGEMENT IMPROVEMENT PLAN.
(a) ADDITIONAL MATTERS REQUIRED- The Secretary of Defense shall include in
the second biennial financial management improvement plan submitted to
Congress under section 2222 of title 10, United States Code (required to be
submitted not later than September 30, 2000), the matters specified in
subsections (b) through (f), in addition to the matters otherwise required
under that section.
(b) SYSTEMS INVENTORY- The plan referred to in subsection (a) shall
include an inventory of the finance systems, accounting systems, and data
feeder systems of the Department of Defense referred to in section 2222(c) of
title 10, United States Code, and, for each of those systems, the
following:
(1) A statement regarding whether the system complies with the
requirements applicable to that system under sections 3512, 3515, and 3521
of title 31, United States Code.
(2) A statement regarding whether the system is to be retained,
consolidated, or eliminated.
(3) A detailed plan of the actions that are being taken or are to be
taken within the Department of Defense (including provisions for schedule,
performance objectives, interim milestones, and necessary resources)--
(A) to ensure easy and reliable interfacing of the system (or a
consolidated or successor system) with the Department's core finance and
accounting systems and with other data feeder systems; and
(B) to institute appropriate internal controls that, among other
benefits, ensure the integrity of the data in the system (or a
consolidated or successor system).
(4) For each system that is to be consolidated or eliminated, a detailed
plan of the actions that are being taken or are to be taken (including
provisions for schedule and interim milestones) in carrying out the
consolidation or elimination, including a discussion of both the interim or
migratory systems and any further consolidation that may be involved.
(5) A list of the officials in the Department of Defense who are
responsible for ensuring that actions referred to in paragraphs (3) and (4)
are taken in a timely manner.
(c) MAJOR PROCUREMENT ACTIONS- The plan referred to in subsection (a)
shall include a description of each major procurement action that is being
taken within the Department of Defense to replace or improve a finance and
accounting system or a data feeder system shown in the inventory under
subsection (a) and, for each such procurement action, the measures that are
being taken or are to be taken to ensure that the new or enhanced system--
(1) provides easy and reliable interfacing of the system with the core
finance and accounting systems of the department and with other data feeder
systems; and
(2) includes appropriate internal controls that, among other benefits,
ensure the integrity of the data in the system.
(d) FINANCIAL MANAGEMENT COMPETENCY PLAN- The plan referred to in
subsection (a) shall include a financial management competency plan that
includes performance objectives, milestones (including interim objectives),
responsible officials, and the necessary resources to accomplish the
performance objectives, together with the following:
(1) A description of the actions necessary to ensure that the person in
each comptroller position (or comparable position) in the Department of
Defense (whether a member of the Armed Forces or a civilian employee) has
the education, technical competence, and experience to perform in accordance
with the core competencies necessary for financial management.
(2) A description of the education that is necessary for a financial
manager in a senior grade to be knowledgeable in--
(A) applicable laws and administrative and regulatory requirements,
including the requirements and procedures relating to Government
performance and results under sections 1105(a)(28), 1115, 1116, 1117,
1118, and 1119 of title 31, United States Code;
(B) the strategic planning process and how the process relates to
resource management;
(C) budget operations and analysis systems;
(D) management analysis functions and evaluation; and
(E) the principles, methods, techniques, and systems of financial
management.
(3) The advantages and disadvantages of establishing and operating a
consolidated Department of Defense school that instructs in the principles
referred to in paragraph (2)(E).
(4) The applicable requirements for formal civilian education.
(e) IMPROVEMENTS TO DFAS, ETC- The plan referred to in subsection (a)
shall include a detailed plan (including performance objectives and milestones
and standards for measuring progress toward attainment of the objectives) for
the following:
(1) Improving the internal controls and internal review processes of the
Defense Finance and Accounting Service to provide reasonable assurances
that--
(A) obligations and costs are in compliance with applicable
laws;
(B) funds, property, and other assets are safeguarded against waste,
loss, unauthorized use, and misappropriation;
(C) revenues and expenditures applicable to agency operations are
properly recorded and accounted for so as to permit the preparation of
accounts and reliable financial and statistical reports and to maintain
accountability over assets;
(D) obligations and expenditures are recorded contemporaneously with
each transaction;
(E) organizational and functional duties are performed separately at
each step in the cycles of transactions (including, in the case of a
contract, the specification of requirements, the formation of the
contract, the certification of contract performance, receiving and
warehousing, accounting, and disbursing); and
(F) use of progress payment allocation systems results in posting of
payments to appropriation accounts consistent with section 1301 of title
31, United States Code.
(2) Ensuring that the Defense Finance and Accounting Service has--
(A) a single standard transaction general ledger that, at a minimum,
uses double-entry bookkeeping and complies with the United States
Government Standard General Ledger at the transaction level as required
under section 803(a) of the Federal Financial Management Improvement Act
of 1996 (31 U.S.C. 3512 note);
(B) an integrated data base for finance and accounting functions;
and
(C) automated cost, performance, and other output measures.
(3) Providing a single, consistent set of policies and procedures for
financial transactions throughout the Department of Defense.
(4) Ensuring compliance with applicable policies and procedures for
financial transactions throughout the Department of Defense.
(5) Reviewing safeguards for preservation of assets and verifying the
existence of assets.
(f) INTERNAL CONTROLS CHECKLIST- The plan referred to in subsection (a)
shall include an internal controls checklist, to be prescribed by the Under
Secretary of Defense (Comptroller), which shall provide standards for use
throughout the Department of Defense, together with a statement of the
Department of Defense policy on use of the checklist throughout the
Department.
(g) SAFEGUARDING SENSITIVE INFORMATION- To the extent necessary to protect
sensitive information, the Secretary of Defense may provide information
required by subsections (b) and (c) in an annex that is available to Congress,
but need not be made public.
SEC. 1008. WAIVER AUTHORITY FOR REQUIREMENT THAT ELECTRONIC TRANSFER OF FUNDS
BE USED FOR DEPARTMENT OF DEFENSE PAYMENTS.
(a) AUTHORITY- (1) Chapter 165 of title 10, United States Code, is amended
by adding after section 2785, as added by section 933(a), the following new
section:
-`Sec. 2786. Department of Defense payments by electronic transfers of funds:
exercise of authority for waivers
`With respect to any Federal payment of funds covered by section 3332(f)
of title 31 (relating to electronic funds transfers) for which payment is made
or authorized by the Department of Defense, the waiver authority provided in
paragraph (2)(A)(i) of that section shall be exercised by the Secretary of
Defense. The Secretary of Defense shall carry out the authority provided under
the preceding sentence in consultation with the Secretary of the
Treasury.'.
(2) The table of sections at the beginning of such chapter is amended by
adding after the item relating to section 2785, as added by section 933(a),
the following new item:
`2786. Department of Defense payments by electronic transfers of funds:
exercise of authority for waivers.'.
(3) Any waiver in effect on the date of the enactment of this Act under
paragraph (2)(A)(i) of section 3332(f) of title 31, United States Code, shall
remain in effect until otherwise provided by the Secretary of Defense under
section 2786 of title 10, United States Code, as added by paragraph (1).
(b) STUDY AND REPORT ON DOD ELECTRONIC FUNDS TRANSFERS- (1) The Secretary
of Defense shall conduct a study to determine the following:
(A) Whether it would be feasibile for all electronic payments made by
the Department of Defense to be routed through the Regional Finance Centers
of the Department of the Treasury for verification and reconciliation.
(B) Whether it would be feasibile for all electronic payments made by
the Department of Defense to be subjected to the same level of
reconciliation as United States Treasury checks, including the matching of
each payment issued with each corresponding deposit at financial
institutions.
(C) Whether the appropriate computer security controls are in place in
order to ensure the integrity of electronic payments made by the Department
of Defense.
(D) The estimated costs of implementing--
(i) the routing of electronic payments as described in subparagraph
(A);
(ii) the reconciliation of electronic payments as described in
subparagraph (B); and
(iii) security controls as described in subparagraph (C).
(E) The period that would be required to implement each of the matters
referred to in subparagraph (D).
(2) Not later than March 1, 2000, the Secretary of Defense shall submit to
Congress a report containing the results of the study required by paragraph
(1).
(3) In this subsection, the term `electronic payment' has the meaning
given the term `electronic funds transfer' in section 3332(j)(1) of title 31,
United States Code.
SEC. 1009. SINGLE PAYMENT DATE FOR INVOICE FOR VARIOUS SUBSISTENCE ITEMS.
Section 3903 of title 31, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new subsection
(c):
`(c) A contract for the procurement of subsistence items that is entered
into under the prime vendor program of the Defense Logistics Agency may
specify for the purposes of section 3902 of this title a single required
payment date that is to be applicable to an invoice for subsistence items
furnished under the contract when more than one payment due date would
otherwise be applicable to the invoice under the regulations prescribed under
paragraphs (2), (3), and (4) of subsection (a) or under any other provisions
of law. The required payment date specified in the contract shall be
consistent with prevailing industry practices for the subsistence items, but
may not be more than 10 days after the date of receipt of the invoice or the
certified date of receipt of the items. The Director of the Office of
Management and Budget shall provide in the regulations under subsection (a)
that when a required payment date is so specified for an invoice, no other
payment due date applies to the invoice.'.
SEC. 1010. PAYMENT OF FOREIGN LICENSING FEES OUT OF PROCEEDS OF SALE OF MAPS,
CHARTS, AND NAVIGATIONAL BOOKS.
(a) IN GENERAL- Section 453 of title 10, United States Code, is amended to
read as follows:
-`Sec. 453. Sale of maps, charts, and navigational publications: prices; use
of proceeds
`(a) PRICES- All maps, charts, and other publications offered for sale by
the National Imagery and Mapping Agency shall be sold at prices and under
regulations that may be prescribed by the Secretary of Defense.
`(b) USE OF PROCEEDS TO PAY FOREIGN LICENSING FEES- (1) The Secretary of
Defense may pay any NIMA foreign data acquisition fee out of the proceeds of
the sale of maps, charts, and other publications of the Agency, and those
proceeds are hereby made available for that purpose.
`(2) In this subsection, the term `NIMA foreign data acquisition fee'
means any licensing or other fee imposed by a foreign country or international
organization for the acquisition or use of data or products by the National
Imagery and Mapping Agency.'.
(b) CLERICAL AMENDMENT- The item relating to section 453 in the table of
sections at the beginning of subchapter II of chapter 22 of such title is
amended to read as follows:
`453. Sale of maps, charts, and navigational publications: prices; use of
proceeds.'.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. REVISION TO CONGRESSIONAL NOTICE-AND-WAIT PERIOD REQUIRED BEFORE
TRANSFER OF A VESSEL STRICKEN FROM THE NAVAL VESSEL REGISTER.
Section 7306(d) of title 10, United States Code, is amended to read as
follows:
`(d) CONGRESSIONAL NOTICE-AND-WAIT PERIOD- (1) A transfer under this
section may not take effect until--
`(A) the Secretary submits to Congress notice of the proposed transfer;
and
`(B) 30 days of a session of Congress have expired following the date on
which the notice is sent to Congress.
`(2) For purposes of paragraph (1)(B)--
`(A) the period of a session of Congress is broken only by an
adjournment of Congress sine die at the end of the final session of a
Congress; and
`(B) any day on which either House of Congress is not in session because
of an adjournment of more than 3 days to a day certain, or because of an
adjournment sine die at the end of the first session of a Congress, shall be
excluded in the computation of such 30-day period.'.
SEC. 1012. AUTHORITY TO CONSENT TO RETRANSFER OF FORMER NAVAL VESSEL.
(a) IN GENERAL- Subject to subsection (b), the President may consent to
the retransfer by the Government of Greece of HS Rodos (ex-USS BOWMAN COUNTY
(LST 391)) to the USS LST Ship Memorial, Inc., a not-for-profit organization
operating under the laws of the State of Pennsylvania.
(b) CONDITIONS FOR CONSENT- The President should not exercise the
authority under subsection (a) unless the USS LST Memorial, Inc. agrees--
(1) to use the vessel for public, nonprofit, museum-related
purposes;
(2) to comply with applicable law with respect to the vessel, including
those requirements related to facilitating monitoring by the United States
of, and mitigating potential environmental hazards associated with, aging
vessels, and has a demonstrated financial capability to so comply; and
(3) to hold the United States harmless for any claims arising from
exposure to hazardous material, including asbestos and polychlorinated
biphenyls, after the retransfer of the vessel to the recipient, except for
claims arising before the date of the transfer of the vessel to the
Government of Greece or from use of the vessel by the United States after
the date of the retransfer to the recipient.
SEC. 1013. REPORT ON NAVAL VESSEL FORCE STRUCTURE REQUIREMENTS.
(a) REQUIREMENT- Not later than February 1, 2000, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report on naval
vessel force structure requirements.
(b) MATTERS TO BE INCLUDED- The report shall include the following:
(1) A statement of the naval vessel force structure required to carry
out the National Military Strategy, including that structure required to
meet joint and combined warfighting requirements and missions relating to
crisis response, overseas presence, and support to contingency
operations.
(2) A statement of the naval vessel force structure that is supported
and funded in the President's budget for fiscal year 2001 and in the current
future-years defense program.
(3) A detailed long-range shipbuilding plan for the Department, through
fiscal year 2030, that includes annual quantities of each type of vessel to
be procured.
(4) A statement of the annual funding necessary to procure eight to ten
vessels, of the appropriate types, each year beginning in fiscal year 2001
and extending through 2020 to maintain the naval vessel force structure
required by the national military strategy.
(5) A detailed discussion of the risks associated with any deviation
from the long-range shipbuilding plan required in paragraph (3), to include
the implications of such a deviation for the following areas:
(A) Warfighting requirements.
(B) Crisis response and overseas presence missions.
(C) Contingency operations.
(D) Domestic shipbuilding industrial base.
SEC. 1014. AUXILIARY VESSELS ACQUISITION PROGRAM FOR THE DEPARTMENT OF
DEFENSE.
(a) PROGRAM AUTHORIZATION- (1) Chapter 631 of title 10, United States
Code, is amended by adding at the end the following new section:
-`Sec. 7233. Auxiliary vessels: extended lease authority
`(a) AUTHORIZED CONTRACTS- Subject to subsection (b), the Secretary of the
Navy may enter into contracts with private United States shipyards for the
construction of new surface vessels to be acquired on a long-term lease basis
by the United States from the shipyard or other private person for any of the
following:
`(1) The combat logistics force of the Navy.
`(2) The strategic sealift force of the Navy.
`(3) Other auxiliary support vessels for the Department of
Defense.
`(b) CONTRACTS REQUIRED TO BE AUTHORIZED BY LAW- A contract may be entered
into under subsection (a) with respect to a specific vessel only if the
Secretary is specifically authorized by law to enter into such a contract with
respect to that vessel. As part of a request to Congress for enactment of any
such authorization by law, the Secretary of the Navy shall provide to Congress
the Secretary's findings under subsection (g).
`(c) TERM OF CONTRACT- In this section, the term `long-term lease' means a
lease, bareboat charter, or conditional sale agreement with respect to a
vessel the term of which (including any option period) is for a period of 20
years or more.
`(d) OPTION TO BUY- A contract entered into under subsection (a) may
include options for the United States to purchase one or more of the vessels
covered by the contract at any time during, or at the end of, the contract
period (including any option period) upon payment of an amount equal to the
lesser of (1) the unamortized portion of the cost of the vessel plus amounts
incurred in connection with the termination of the financing arrangements
associated with the vessel, or (2) the fair market value of the vessel.
`(e) DOMESTIC CONSTRUCTION- The Secretary shall require in any contract
entered into under this section that each vessel to which the contract
applies--
`(1) shall have been constructed in a shipyard within the United States;
and
`(2) upon delivery, shall be documented under the laws of the United
States.
`(f) VESSEL OPERATION- (1) The Secretary may operate a vessel held by the
Secretary under a long-term lease under this section through a contract with a
United States corporation with experience in the operation of vessels for the
United States. Any such contract shall be for a term as determined by the
Secretary.
`(2) The Secretary may provide a crew for any such vessel using civil
service mariners only after an evaluation taking into account--
`(A) the fully burdened cost of a civil service crew over the expected
useful life of the vessel;
`(B) the effect on the private sector manpower pool; and
`(C) the operational requirements of the Department of the Navy.
`(g) CONTINGENT WAIVER OF OTHER PROVISIONS OF LAW- (1) The Secretary may
waive the applicability of subsections (e)(2) and (f) of section 2401 of this
title to a contract authorized by law as provided in subsection (b) if the
Secretary makes the following findings with respect to that contract:
`(A) The need for the vessels or services to be provided under the
contract is expected to remain substantially unchanged during the
contemplated contract or option period.
`(B) There is a reasonable expectation that throughout the contemplated
contract or option period the Secretary of the Navy (or, if the contract is
for services to be provided to, and funded by, another military department,
the Secretary of that military department) will request funding for the
contract at the level required to avoid contract cancellation.
`(C) The timeliness of consideration of the contract by Congress is such
that such a waiver is in the interest of the United States.
`(2) The Secretary shall submit a notice of any waiver under paragraph (1)
to the Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives.
`(h) SOURCE OF FUNDS FOR TERMINATION LIABILITY- If a contract entered into
under this section is terminated, the costs of such termination may be paid
from--
`(1) amounts originally made available for performance of the
contract;
`(2) amounts currently available for operation and maintenance of the
type of vessels or services concerned and not otherwise obligated; or
`(3) funds appropriated for those costs.'.
(2) The table of sections at the beginning of such chapter is amended by
adding at the end the following new item:
`7233. Auxiliary vessels: extended lease authority.'.
(b) DEFINITION OF DEPARTMENT OF DEFENSE SEALIFT VESSEL- Section 2218(k)(2)
of title 10, United States Code, is amended--
(1) by striking `that is--' in the matter preceding subparagraph (A) and
inserting `that is any of the following:';
(2) by striking `a' at the beginning of subparagraphs (A), (B), and (E)
and inserting `A';
(3) by striking `an' at the beginning of subparagraphs (C) and (D) and
inserting `An';
(4) by striking the semicolon at the end of subparagraphs (A), (B), and
(C) and inserting a period;
(5) by striking `; or' at the end of subparagraph (D) and inserting a
period; and
(6) by adding at the end the following new subparagraphs:
`(F) A strategic sealift ship.
`(G) A combat logistics force ship.
`(H) A maritime prepositioned ship.
`(I) Any other auxiliary support vessel.'.
(c) EFFECTIVE DATE- Section 7233 of title 10, United States Code, as added
by subsection (a), shall take effect on October 1, 1999.
SEC. 1015. NATIONAL DEFENSE FEATURES PROGRAM.
(a) AUTHORITY FOR NATIONAL DEFENSE FEATURES PROGRAM- Section 2218 of title
10, United States Code, is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new subsection
(k):
`(k) CONTRACTS FOR INCORPORATION OF DEFENSE FEATURES IN COMMERCIAL
VESSELS- (1) The head of an agency may enter into a contract with a company
submitting an offer for that company to install and maintain defense features
for national defense purposes in one or more commercial vessels owned or
controlled by that company in accordance with the purpose for which funds in
the National Defense Sealift Fund are available under subsection (c)(1)(C).
The head of the agency may enter into such a contract only after the head of
the agency makes a determination of the economic soundness of the offer.
`(2) The head of an agency may make advance payments to the contractor
under a contract under paragraph (1) in a lump sum, in annual payments, or in
a combination thereof for costs associated with the installation and
maintenance of the defense features on a vessel covered by the contract, as
follows:
`(A) The costs to build, procure, and install a defense feature in the
vessel.
`(B) The costs to periodically maintain and test any defense feature on
the vessel.
`(C) Any increased costs of operation or any loss of revenue
attributable to the installation or maintenance of any defense feature on
the vessel.
`(D) Any additional costs associated with the terms and conditions of
the contract.
`(3) For any contract under paragraph (1) under which the United States
makes advance payments under paragraph (2) for the costs associated with
installation or maintenance of any defense feature on a commercial vessel, the
contractor shall provide to the United States such security interests in the
vessel, by way of a preferred mortgage under section 31322 of title 46 or
otherwise, as the head of the agency may prescribe in order to adequately
protect the United States against loss for the total amount of those costs.
`(4) Each contract entered into under this subsection shall--
`(A) set forth terms and conditions under which, so long as a vessel
covered by the contract is owned or controlled by the contractor, the
contractor is to operate the vessel for the Department of Defense
notwithstanding any other contract or commitment of that contractor;
and
`(B) provide that the contractor operating the vessel for the Department
of Defense shall be paid for that operation at fair and reasonable
rates.
`(5) The head of an agency may not delegate authority under this
subsection to any officer or employee in a position below the level of head of
a procuring activity.'.
(b) DEFINITION- Subsection (l) of such section, as redesignated by
subsection (a)(1), is amended by adding at the end the following new
paragraph:
`(5) The term `head of an agency' has the meaning given that term in
section 2302(1) of this title.'.
SEC. 1016. SALES OF NAVAL SHIPYARD ARTICLES AND SERVICES TO NUCLEAR SHIP
CONTRACTORS.
(a) WAIVER OF REQUIRED CONDITIONS- Chapter 633 of title 10, United States
Code, is amended by inserting after section 7299a the following new
section:
-`Sec. 7300. Contracts for nuclear ships: sales of naval shipyard articles
and services to private shipyards
`The conditions set forth in section 2208(j)(1)(B) of this title and
subsections (a)(1) and (c)(1)(A) of section 2553 of this title shall not apply
to a sale by a naval shipyard of articles or services to a private shipyard
that is made at the request of the private shipyard in order to facilitate the
private shipyard's fulfillment of a Department of Defense contract with
respect to a nuclear ship. This section does not authorize a naval shipyard to
construct a nuclear ship for the private shipyard, to perform a majority of
the work called for in a contract with a private entity, or to provide
articles or services not requested by the private shipyard.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by inserting after the item relating to section 7299a the
following new item:
`7300. Contracts for nuclear ships: sales of naval shipyard articles and
services to private shipyards.'.
SEC. 1017. TRANSFER OF NAVAL VESSEL TO FOREIGN COUNTRY.
(a) TRANSFER TO THAILAND- The Secretary of the Navy is authorized to
transfer to the Government of Thailand the CYCLONE class coastal patrol craft
CYCLONE (PC1) or a craft with a similar hull. The transfer shall be made on a
sale, lease, lease/buy, or grant basis under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j).
(b) COSTS- Any expense incurred by the United States in connection with
the transfer authorized by subsection (a) shall be charged to the Government
of Thailand.
(c) REPAIR AND REFURBISHMENT IN UNITED STATES SHIPYARD- To the maximum
extent practicable, the Secretary of the Navy shall require, as a condition of
the transfer of the vessel to the Government of Thailand under this section,
that the Government of Thailand have such repair or refurbishment of the
vessel as is needed, before the vessel joins the naval forces of that country,
performed at a United States naval shipyard or other shipyard located in the
United States.
(d) EXPIRATION OF AUTHORITY- The authority to transfer a vessel under
subsection (a) shall expire at the end of the two-year period beginning on the
date of the enactment of this Act.
SEC. 1018. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN COUNTRIES.
(a) AUTHORITY TO TRANSFER-
(1) DOMINICAN REPUBLIC- The Secretary of the Navy is authorized to
transfer to the Government of the Dominican Republic the medium auxiliary
floating dry dock AFDM 2. Such transfer shall be on a grant basis under
section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(2) ECUADOR- The Secretary of the Navy is authorized to transfer to the
Government of Ecuador the `OAK RIDGE' class medium auxiliary repair dry dock
ALAMOGORDO (ARDM 2). Such transfer shall be on a grant basis under section
516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(3) EGYPT- The Secretary of the Navy is authorized to transfer to the
Government of Egypt the `NEWPORT' class tank landing ships BARBOUR COUNTY
(LST 1195) and PEORIA (LST 1183). Such transfers shall be on a sale basis
under section 21 of the Arms Export Control Act (22 U.S.C. 2761).
(4) GREECE- The Secretary of the Navy is authorized to transfer to the
Government of Greece the `KNOX' class frigate CONNOLE (FF 1056). Such
transfer shall be on a grant basis under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j).
(5) MEXICO- The Secretary of the Navy is authorized to transfer to the
Government of Mexico the `NEWPORT' class tank landing ship NEWPORT (LST
1179) and the `KNOX' class frigate WHIPPLE (FF 1062). Such transfers shall
be on a sale basis under section 21 of the Arms Export Control Act (22
U.S.C. 2761).
(6) POLAND- The Secretary of the Navy is authorized to transfer to the
Government of Poland the `OLIVER HAZARD PERRY' class guided missile frigate
CLARK (FFG 11). Such transfer shall be on a grant basis under section 516 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(7) TAIWAN- The Secretary of the Navy is authorized to transfer to the
Taipei Economic and Cultural Representative Office in the United States
(which is the Taiwan instrumentality designated pursuant to section 10(a) of
the Taiwan Relations Act) the `NEWPORT' class tank landing ship SCHENECTADY
(LST 1185). Such transfer shall be on a sale basis under section 21 of the
Arms Export Control Act (22 U.S.C. 2761).
(8) THAILAND- The Secretary of the Navy is authorized to transfer to the
Government of Thailand the `KNOX' class frigate TRUETT (FF 1095). Such
transfer shall be on a grant basis under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j).
(9) TURKEY- The Secretary of the Navy is authorized to transfer to the
Government of Turkey the `OLIVER HAZARD PERRY' class guided missile frigates
FLATLEY (FFG 21) and JOHN A. MOORE (FFG 19). Such transfers shall be on a
sale basis under section 21 of the Arms Export Control Act (22 U.S.C.
2761).
(b) INAPPLICABILITY OF AGGREGATE ANNUAL LIMITATION ON VALUE OF TRANSFERRED
EXCESS DEFENSE ARTICLES- The value of naval vessels authorized by subsection
(a) to be transferred on a grant basis under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j) shall not be included in the
aggregate annual value of transferred excess defense articles which is subject
to the aggregate annual limitation set forth in subsection (g) of that
section.
(c) COSTS OF TRANSFERS- Any expense of the United States in connection
with a transfer authorized by subsection (a) shall be charged to the
recipient.
(d) REPAIR AND REFURBISHMENT IN UNITED STATES SHIPYARDS- To the maximum
extent practicable, the Secretary of the Navy shall require, as a condition of
the transfer of a vessel under subsection (a), that the country to which the
vessel is transferred have such repair or refurbishment of the vessel as is
needed, before the vessel joins the naval forces of that country, performed at
a shipyard located in the United States, including a United States Navy
shipyard.
(e) EXPIRATION OF AUTHORITY- The authority granted by subsection (a) shall
expire at the end of the two-year period beginning on the date of the
enactment of this Act.
Subtitle C--Support for Civilian Law Enforcement and Counter Drug
Activities
SEC. 1021. MODIFICATION OF LIMITATION ON FUNDING ASSISTANCE FOR PROCUREMENT
OF EQUIPMENT FOR THE NATIONAL GUARD FOR DRUG INTERDICTION AND COUNTER-DRUG
ACTIVITIES.
Section 112(a)(3) of title 32, United States Code, is amended by striking
`per purchase order' in the second sentence and inserting `per item'.
SEC. 1022. TEMPORARY EXTENSION TO CERTAIN NAVAL AIRCRAFT OF COAST GUARD
AUTHORITY FOR DRUG INTERDICTION ACTIVITIES.
(a) INCLUSION AS AUTHORIZED AIRCRAFT- Subsection (c) of section 637 of
title 14, United States Code, is amended--
(1) by striking `or' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and inserting `;
or'; and
(3) by adding at the end the following new paragraph:
`(3) subject to subsection (d), it is a naval aircraft that has one or
more members of the Coast Guard on board and is operating from a surface
naval vessel described in paragraph (2).'.
(b) DURATION OF INCLUSION- Such section is further amended by adding at
the end the following new subsection:
`(d)(1) The inclusion of naval aircraft as an authorized aircraft for
purposes of this section shall be effective only after the end of the 30-day
period beginning on the date the report required by paragraph (2) is submitted
through September 30, 2001.
`(2) Not later than August 1, 2000, the Secretary of Defense shall submit
to the Committee on Armed Services of the House of Representatives and the
Committee on Armed Services of the Senate a report containing--
`(A) an analysis of the benefits and risks associated with using naval
aircraft to perform the law enforcement activities authorized by subsection
(a);
`(B) an estimate of the extent to which the Secretary expects to
implement the authority provided by this section; and
`(C) an analysis of the effectiveness and applicability to the
Department of Defense of the Coast Guard program known as the `New
Frontiers' program.'.
SEC. 1023. MILITARY ASSISTANCE TO CIVIL AUTHORITIES TO RESPOND TO ACT OR
THREAT OF TERRORISM.
(a) AUTHORITY TO PROVIDE ASSISTANCE- The Secretary of Defense, upon the
request of the Attorney General, may provide assistance to civil authorities
in responding to an act of terrorism or threat of an act of terrorism,
including an act of terrorism or threat of an act of terrorism that involves a
weapon of mass destruction, within the United States, if the Secretary
determines that--
(1) special capabilities and expertise of the Department of Defense are
necessary and critical to respond to the act of terrorism or the threat of
an act of terrorism; and
(2) the provision of such assistance will not adversely affect the
military preparedness of the Armed Forces.
(b) NATURE OF ASSISTANCE- Assistance provided under subsection (a) may
include the deployment of Department of Defense personnel and the use of any
Department of Defense resources to the extent and for such period as the
Secretary of Defense determines necessary to prepare for, prevent, or respond
to an act or threat of an act of terrorism described in that subsection.
Actions taken to provide the assistance may include the prepositioning of
Department of Defense personnel, equipment, and supplies.
(c) REIMBURSEMENT- (1) Except as provided in paragraph (2), assistance
provided under this section shall be provided on a reimbursable basis.
Notwithstanding any other provision of law, the amounts of reimbursement shall
be limited to the amounts of the incremental costs incurred by the Department
of Defense to provide the assistance.
(2) In extraordinary circumstances, the Secretary of Defense may waive the
requirement for reimbursement if the Secretary determines that such a waiver
is in the national security interests of the United States and submits to
Congress a notification of the determination.
(3) If funds are appropriated for the Department of Justice to cover the
costs of responding to an act or threat of an act of terrorism for which
assistance is provided under subsection (a), the Attorney General shall
reimburse the Department of Defense out of such funds for the costs incurred
by the Department in providing the assistance, without regard to whether the
assistance was provided on a nonreimbursable basis pursuant to a waiver under
paragraph (2).
(d) ANNUAL LIMITATION ON FUNDING- Not more than $10,000,000 may be
obligated to provide assistance under subsection (a) during any fiscal
year.
(e) PERSONNEL RESTRICTIONS- In providing assistance under this section, a
member of the Army, Navy, Air Force, or Marine Corps may not, unless otherwise
authorized by law--
(1) directly participate in a search, seizure, arrest, or other similar
activity; or
(2) collect intelligence for law enforcement purposes.
(f) NONDELEGABILITY OF AUTHORITY- (1) The Secretary of Defense may not
delegate to any other official the authority to make determinations and to
authorize assistance under this section.
(2) The Attorney General may not delegate to any other official authority
to make a request for assistance under subsection (a).
(g) RELATIONSHIP TO OTHER AUTHORITY- The authority provided in this
section is in addition to any other authority available to the Secretary of
Defense, and nothing in this section shall be construed to restrict any
authority regarding use of members of the Armed Forces or equipment of the
Department of Defense that was in effect before the date of the enactment of
this Act.
(h) DEFINITIONS- In this section:
(1) THREAT OF AN ACT OF TERRORISM- The term `threat of an act of
terrorism' includes any circumstance providing a basis for reasonably
anticipating an act of terrorism, as determined by the Secretary of Defense
in consultation with the Attorney General and the Secretary of the
Treasury.
(2) WEAPON OF MASS DESTRUCTION- The term `weapon of mass destruction'
has the meaning given the term in section 1403 of the Defense Against
Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302(1)).
(i) DURATION OF AUTHORITY- The authority provided by this section applies
during the period beginning on October 1, 1999, and ending on September 30,
2004.
SEC. 1024. CONDITION ON DEVELOPMENT OF FORWARD OPERATING LOCATIONS FOR UNITED
STATES SOUTHERN COMMAND COUNTER-DRUG DETECTION AND MONITORING FLIGHTS.
(a) CONDITION- Except as provided in subsection (b), none of the funds
appropriated or otherwise made available to the Department of Defense for any
fiscal year may be obligated or expended for the purpose of improving the
physical infrastructure at any proposed forward operating location outside the
United States from which the United States Southern Command may conduct
counter-drug detection and monitoring flights until a formal agreement
regarding the extent and use of, and host nation support for, the forward
operating location is executed by both the host nation and the United
States.
(b) EXCEPTION- The limitation in subsection (a) does not apply to an
unspecified minor military construction project authorized by section 2805 of
title 10, United States Code.
SEC. 1025. ANNUAL REPORT ON UNITED STATES MILITARY ACTIVITIES IN COLOMBIA.
Not later than January 1 of each year, the Secretary of Defense shall
submit to the Committee on Armed Services and the Committee on Foreign
Relations of the Senate and the Committee on Armed Services and the Committee
on International Relations of the House of Representatives a report detailing
the number of members of the United States Armed Forces deployed or otherwise
assigned to duty in Colombia at any time during the preceding year, the length
and purpose of the deployment or assignment, and the costs and force
protection risks associated with such deployments and assignments.
SEC. 1026. REPORT ON USE OF RADAR SYSTEMS FOR COUNTER-DRUG DETECTION AND
MONITORING.
Not later than May 1, 2000, the Secretary of Defense shall submit to the
Committee on Armed Services of the House of Representatives and the Committee
on Armed Services of the Senate a report containing an evaluation of the
effectiveness of the Wide Aperture Radar Facility, Tethered Aerostat Radar
System, Ground Mobile Radar, and Relocatable Over-The-Horizon Radar in
maritime, air, and land counter-drug detection and monitoring.
SEC. 1027. PLAN REGARDING ASSIGNMENT OF MILITARY PERSONNEL TO ASSIST
IMMIGRATION AND NATURALIZATION SERVICE AND CUSTOMS SERVICE.
(a) PREPARATION OF PLAN- (1) The Secretary of Defense shall prepare a plan
to assign members of the Army, Navy, Air Force, or Marine Corps to assist the
Immigration and Naturalization Service or the United States Customs Service
should the President determine, and the Attorney General or the Secretary of
the Treasury, as the case may be, certify, that military personnel are
required to respond to a threat to national security posed by the entry into
the United States of terrorists or drug traffickers.
(2) The Secretary shall ensure that activities proposed to be performed by
military personnel under the plan are consistent with section 1385 of title
18, United States Code (popularly known as the Posse Comitatus Act), and shall
include in the plan a training program for military personnel who would be
assigned to assist Federal law enforcement agencies--
(A) in preventing the entry of terrorists and drug traffickers into the
United States; and
(B) in the inspection of cargo, vehicles, and aircraft at points of
entry into the United States for weapons of mass destruction, prohibited
narcotics, or other terrorist or drug trafficking items.
(b) REPORT ON USE OF MILITARY PERSONNEL TO SUPPORT CIVILIAN LAW
ENFORCEMENT- Not later than May 1, 2000, the Secretary of Defense shall submit
to the Committee on Armed Services of the House of Representatives and the
Committee on Armed Services of the Senate a report containing--
(1) the plan required by subsection (a);
(2) a discussion of the risks and benefits associated with using
military personnel to provide the law enforcement support described in
subsection (a)(2);
(3) recommendations regarding the functions outlined in the plan most
appropriate to be performed by military personnel; and
(4) the total number of active and reserve members, and members of the
National Guard whose activities were supported using funds provided under
section 112 of title 32, United States Code, who participated in drug
interdiction activities or otherwise provided support for civilian law
enforcement during fiscal year 1999.
Subtitle D--Miscellaneous Report Requirements and Repeals
SEC. 1031. PRESERVATION OF CERTAIN DEFENSE REPORTING REQUIREMENTS.
Section 3003(a)(1) of the Federal Reports Elimination and Sunset Act of
1995 (31 U.S.C. 1113 note) does not apply to any report required to be
submitted under any of the following provisions of law:
(1) The following sections of title 10, United States Code: sections
113, 115a, 116, 139(f), 221, 226, 401(d), 662(b), 946, 1464(c), 2006(e)(3),
2010, 2011(e), 2391(c), 2431(a), 2432, 2457(d), 2461(g), 2537, 2662(b),
2706, 2859, 2861, 2902(g)(2), 4542(g)(2), 7424(b), 7425(b), 7431(c), 10541,
12302(d), and 16137.
(2) Section 1121(f) of the National Defense Authorization Act for Fiscal
Year 1988 and 1989 (Public Law 100-180; 10 U.S.C. 113 note).
(3) Section 1405 of the Defense Dependents' Education Act of 1978 (20
U.S.C. 924).
(4) Section 1411(b) of the Barry Goldwater Scholarship and Excellence in
Education Act (20 U.S.C. 4710(b)).
(5) Section 1097 of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (22 U.S.C. 2751 note).
(6) Section 30A(d) of the Arms Export Control Act (22 U.S.C.
2770a(d)).
(7) Sections 1516(f) and 1518(c) of the Armed Forces Retirement Home Act
of 1991 (Public Law 101-510; 24 U.S.C. 416(f), 418(c)).
(8) Sections 3554(e)(2) and 9503(a) of title 31, United States
Code.
(9) Section 300110(b) of title 36, United States Code.
(10) Sections 301a(f) and 1008 of title 37, United States Code.
(11) Section 8111(f) of title 38, United States Code.
(12) Section 205(b) of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 486(b)).
(13) Section 3732 of the Revised Statutes, popularly known as the `Food
and Forage Act' (41 U.S.C. 11).
(14) Section 101(b)(6) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff(b)(6)).
(15) Section 1436(e) of the National Defense Authorization Act, Fiscal
Year 1989 (Public Law 100-456; 42 U.S.C. 2121 note).
(16) Section 165 of the Energy Policy and Conservation Act (42 U.S.C.
6245).
(17) Section 603(e) of the National Science and Technology Policy,
Organization, and Priorities Act of 1976 (42 U.S.C. 6683(e)).
(18) Section 822(b) of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (42 U.S.C. 6687(b)).
(19) Section 208 of the Department of Energy National Security and
Military Applications of Nuclear Energy Authorization Act of 1979 (42 U.S.C.
7271).
(20) Section 3134 of the National Defense Authorization Act for Fiscal
Year 1991 (42 U.S.C. 7274c).
(21) Section 3135 of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (42 U.S.C. 7274g).
(22) Section 12 of the Act of March 9, 1920 (popularly known as the
`Suits in Admiralty Act') (46 App. U.S.C. 752).
(23) Sections 208, 901(b)(2), and 1211 of the Merchant Marine Act, 1936
(46 App. U.S.C. 1118, 1241(b)(2), 1291).
(24) Sections 11 and 14 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h-2, 98h-5).
(25) Section 108 of the National Security Act of 1947 (50 U.S.C.
404a).
(26) Section 4 of the Act entitled `An Act to authorize the making,
amending, and modification of contracts to facilitate the national defense',
approved August 28, 1958 (50 U.S.C. 1434).
(27) Section 1412(g) of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521(g)).
(28) Section 3 of the Authorization for Use of Military Force Against
Iraq Resolution (50 U.S.C. 1541 note).
(29) Sections 202(d) and 401(c) of the National Emergencies Act (50
U.S.C. 1622(d), 1641(c)).
(30) Section 10(g) of the Military Selective Service Act (50 U.S.C. App.
460(g)).
(31) Section 708 of the Defense Production Act of 1950 (50 U.S.C. App.
2158).
(32) Section 703(g) of the Military Construction Authorization Act, 1982
(Public Law 97-99; 95 Stat. 1376).
(33) Section 704 of the Military Construction Authorization Act, 1982
(Public Law 97-99; 95 Stat. 1377).
(34) Section 113(b) of the National Defense Authorization Act for Fiscal
Year 1990 and 1991 (Public Law 101-189; 103 Stat. 1373).
SEC. 1032. REPEAL OF CERTAIN REPORTING REQUIREMENTS NOT PRESERVED.
(a) REPEAL OF PROVISIONS OF TITLE 10, UNITED STATES CODE- Title 10, United
States Code, is amended as follows:
(1) Section 2201(d) is amended--
(A) by striking paragraph (2);
(B) by striking `; and' at the end of paragraph (1) and inserting a
period; and
(C) by striking `Defense--' and all that follows through `(1) shall'
and inserting `Defense shall'.
(2) Section 2313(b) is amended by striking paragraph (4).
(3) Section 2350g is amended--
(A) by striking subsection (b); and
(B) by redesignating subsections (c) and (d) as subsections (b) and
(c), respectively.
(b) REPEAL OF OTHER PROVISIONS OF LAW- The following provisions of law are
repealed:
(1) Section 224 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101-189; 10 U.S.C. 2431 note).
(2) Section 3059(c) of the Anti-Drug Abuse Act of 1986 (Public Law
99-570; 10 U.S.C. 9441 note).
(3) Section 7606 of the Anti-Drug Abuse Act of 1988 (Public Law 100-690;
10 U.S.C. 9441 note).
(4) Section 1002(d) of the Department of Defense Authorization Act, 1985
(Public Law 98-525; 22 U.S.C. 1928 note).
SEC. 1033. REPORTS ON RISKS UNDER NATIONAL MILITARY STRATEGY AND COMBATANT
COMMAND REQUIREMENTS.
Section 153 of title 10, United States Code, is amended by adding at the
end the following new subsections:
`(c) RISKS UNDER NATIONAL MILITARY STRATEGY- (1) Not later than January 1
each year, the Chairman shall submit to the Secretary of Defense a report
providing the Chairman's assessment of the nature and magnitude of the
strategic and military risks associated with executing the missions called for
under the current National Military Strategy.
`(2) The Secretary shall forward the report received under paragraph (1)
in any year, with the Secretary's comments thereon (if any), to Congress with
the Secretary's next transmission to Congress of the annual Department of
Defense budget justification materials in support of the Department of Defense
component of the budget of the President submitted under section 1105 of title
31 for the next fiscal year. If the Chairman's assessment in such report in
any year is that risk associated with executing the missions called for under
the National Military Strategy is significant, the Secretary shall include
with the report as submitted to Congress the Secretary's plan for mitigating
that risk.
`(d) ANNUAL REPORT ON COMBATANT COMMAND REQUIREMENTS- (1) Not later than
August 15 of each year, the Chairman shall submit to the committees of
Congress named in paragraph (2) a report on the requirements of the combatant
commands established under section 161 of this title. The report shall contain
the following:
`(A) A consolidation of the integrated priority lists of requirements of
the combatant commands.
`(B) The Chairman's views on the consolidated lists.
`(2) The committees of Congress referred to in paragraph (1) are the
Committees on Armed Services and the Committees on Appropriations of the
Senate and House of Representatives.'.
SEC. 1034. REPORT ON LIFT AND PREPOSITIONED SUPPORT REQUIREMENTS TO SUPPORT
NATIONAL MILITARY STRATEGY.
(a) REPORT REQUIRED- Not later than February 15, 2000, the Secretary of
Defense shall submit to Congress a report, in both classified and unclassified
form, describing the strategic, theater, operational, and tactical
requirements for airlift, sealift, surface transportation, and prepositioned
war material necessary to carry out the full range of missions included in the
National Military Strategy prescribed by the Chairman of the Joint Chiefs of
Staff under the postures of force engagement anticipated through 2005.
(b) CONTENT OF REPORT- The report shall address the following:
(1) A review of the study conducted by the Air Force during 1999 on
oversize/outsize airlift cargo requirements, including a risk assessment and
an evaluation of alternatives.
(2) A review of the study of the Chairman of the Joint Chiefs of Staff
conducted during 1999 designated as the `Joint Chiefs of Staff Mobility
Requirements Study 05', including a risk assessment, an evaluation of
alternatives, and a validation of the analyses done by the Joint Staff for
that study concerning each of the following:
(A) The identity, size, structure, and capabilities of the airlift and
sealift requirements for the full range of shaping, preparing, and
responding missions called for under the National Military
Strategy.
(B) The required support and infrastructure required to successfully
execute the full range of missions required under the National Military
Strategy on the deployment schedules outlined in the plans of the relevant
commanders-in-chief from expected and increasingly dispersed postures of
engagement.
(C) The anticipated effect of enemy use of weapons of mass
destruction, other asymmetrical attacks, expected rates of peacekeeping,
and other contingency missions and other similar factors on the mobility
force and its required infrastructure and on mobility
requirements.
(D) The effect on mobility requirements of new service force
structures such as the Air Force's Air Expeditionary Force, the Army's
Strike Force, the Marine Corps' operational maneuver-from-the-sea concept
and supporting concepts including Ship-to-Objective Maneuver, Maritime
Prepositioning Forces 2010, and Seabased Logistics, and any foreseeable
force structure modifications through 2005.
(E) The need to deploy forces strategically and employ them tactically
using the same lift platform.
(F) The anticipated role of host nation, foreign, and coalition
airlift and sealift support, and the anticipated requirements for United
States lift assets to support coalition forces, through 2005.
(G) Alternatives to the current mobility program or required
modifications to the 1998 Air Mobility Master Plan update.
(3) A review of the Army, Air Force, and Marine Corps maritime
prepositioned ship requirements and modernization plan.
(c) INTRA-THEATER REQUIREMENTS REPORT- Not later than December 1, 2000,
the Secretary of Defense shall submit to Congress a report, in both classified
and unclassified form, describing the intra-theater requirements for airlift,
small-craft lift, and surface transportation necessary to carry out the full
range of missions included in the National Military Strategy prescribed by the
Chairman of the Joint Chiefs of Staff under the postures of force engagement
anticipated through 2005.
SEC. 1035. REPORT ON ASSESSMENTS OF READINESS TO EXECUTE THE NATIONAL
MILITARY STRATEGY.
(a) REPORT- Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report in
unclassified form assessing the effect of continued operations in the Balkans
region on--
(1) the ability of the Armed Forces to successfully meet other regional
contingencies; and
(2) the readiness of the Armed Forces to execute the National Military
Strategy.
(b) MATTERS TO BE INCLUDED- The report under subsection (a) shall include
the following:
(1) All models used by the Chairman of the Joint Chiefs of Staff to
assess the capability of the United States to execute the full range of
missions under the National Military Strategy and all other models used by
the Armed Forces to assess that capability.
(2) Separate assessments that would result from the use of those models
if it were necessary to execute the full range of missions called for under
the National Military Strategy under each of the scenarios set forth in
subsection (c), including the levels of casualties the United States would
be projected to incur.
(3) Assumptions made about the readiness levels of major units included
in each such assessment, including equipment, personnel, and training
readiness and sustainment ability.
(4) The increasing levels of casualties that would be projected under
each such scenario over a range of risks of prosecuting two Major Theater
Wars that proceeds from low-moderate risk to moderate-high risk.
(A) the total resources needed to attain a moderate-high risk under
those scenarios;
(B) the total resources needed to attain a low-moderate risk under
those scenarios; and
(C) the incremental resources needed to decrease the level of risk
from moderate-high to low-moderate.
(c) SCENARIOS TO BE USED- The scenarios to be used for purposes of
paragraphs (1), (2), and (3) of subsection (b) are the following:
(1) That while the Armed Forces are engaged in operations at the level
of the operations ongoing as of the date of the enactment of this Act,
international armed conflict begins--
(A) on the Korean peninsula; and
(B) first on the Korean peninsula and then 45 days later in Southwest
Asia.
(2) That while the Armed Forces are engaged in operations at the peak
level reached during Operation Allied Force against the Federal Republic of
Yugoslavia, international armed conflict begins--
(A) on the Korean peninsula; and
(B) first on the Korean peninsula and then 45 days later in Southwest
Asia.
(d) CONSULTATION- In preparing the report under this section, the
Secretary of Defense shall consult with the Chairman of the Joint Chiefs of
Staff, the commanders of the unified commands, the Secretaries of the military
departments, and the heads of the combat support agencies and other such
entities within the Department of Defense as the Secretary considers
necessary.
SEC. 1036. REPORT ON RAPID ASSESSMENT AND INITIAL DETECTION TEAMS.
(a) REPORT- Not later than 90 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report on the
Department's plans for establishing and deploying Rapid Assessment and Initial
Detection (RAID) teams for responses to incidents involving a weapon of mass
destruction. The report shall include the following:
(1) A description of the capabilities of a RAID team and a comparison of
those capabilities to the capabilities of other Federal, State, and local
WMD responders.
(2) An assessment of the manner in which a RAID team complements the
mission, functions, and capabilities of other Federal, State, and local WMD
responders.
(3) The Department's plan for conducting realistic exercises involving
RAID teams, including exercises with other Federal, State, and local WMD
responders.
(4) A description of the command and control relationships between the
RAID teams and Federal, State, and local WMD responders.
(5) An assessment of the degree to which States have integrated, or are
planning to integrate, RAID teams into other-than-weapon-of-mass-destruction
missions of State or local WMD responders.
(6) A specific description and analysis of the procedures that have been
established or agreed to by States for the use in one State of a RAID team
that is based in another State.
(7) An identification of those States where the deployment of
out-of-State RAID teams is not governed by existing interstate
compacts.
(8) An assessment of the Department's progress in developing an
appropriate national level compact for interstate sharing of resources that
would facilitate consistent and effective procedures for the use of
out-of-State RAID teams.
(9) An assessment of the measures that will be taken to recruit, train,
maintain the proficiency of, and retain members of the RAID teams, to
include those measures to provide for their career progression.
(b) DEFINITIONS- In this section:
(1) The term `Rapid Assessment and Initial Detection team' or `RAID
team' refers to a military unit comprised of Active Guard and Reserve
personnel organized, trained, and equipped to conduct domestic missions in
the United States in response to the use of, or threatened use of, a weapon
of mass destruction.
(2) The term `WMD responder' means an organization responsible for
responding to an incident involving a weapon of mass destruction.
(3) The term `weapon of mass destruction' has the meaning given that
term in section 1403(1) of the Defense Against Weapons of Mass Destruction
Act of 1996 (50 U.S.C. 2302(1)).
SEC. 1037. REPORT ON UNIT READINESS OF UNITS CONSIDERED TO BE ASSETS OF
CONSEQUENCE MANAGEMENT PROGRAM INTEGRATION OFFICE.
(a) JOINT READINESS REVIEW- (1) The Secretary of Defense shall include in
the quarterly readiness report submitted to Congress under section 482 of
title 10, United States Code, for the first quarter beginning after the date
of the enactment of this Act an assessment of the readiness, training status,
and future funding requirements of all active and reserve component units that
(as of the date of the enactment of this Act) are considered assets of the
Consequence Management Program Integration Office of the Department of
Defense.
(2) The Secretary shall set forth the assessment under paragraph (1) as an
annex to the quarterly report referred to in that paragraph. The Secretary
shall include in that annex a detailed description of how the active and
reserve component units referred to in that paragraph are integrated with the
Rapid Assessment and Initial Detection Teams in the overall Consequence
Management Program Integration Office of the Department of Defense.
(b) DECONTAMINATION READINESS PLAN- The Secretary of Defense shall prepare
a decontamination readiness plan for the Consequence Management Program
Integration Office of the Department of Defense. The plan shall include the
following:
(1) The actions necessary to ensure that the units of the Armed Forces
designated to carry out decontamination missions are at the level of
readiness necessary to carry out those missions.
(2) The funding necessary for attaining and maintaining the level of
readiness referred to in paragraph (1).
(3) Procedures for ensuring that each decontamination unit is available
to respond to an incident in the United States that involves a weapon of
mass destruction within 12 hours after being notified of the incident.
SEC. 1038. ANALYSIS OF RELATIONSHIP BETWEEN THREATS AND BUDGET SUBMISSION FOR
FISCAL YEAR 2001.
(a) REQUIREMENT FOR REPORT- The Secretary of Defense shall submit to the
congressional defense committees, on the date that the President submits the
budget for fiscal year 2001 to Congress under section 1105(a) of title 31,
United States Code, a report on the relationship between the budget proposed
for budget function 050 (National Defense) for that fiscal year and the
then-current and emerging threats to the national security interests of the
United States identified in the annual national security strategy report
required under section 108 of the National Security Act of 1947 (50 U.S.C.
404a). The report shall be prepared in coordination with the Chairman of the
Joint Chiefs of Staff and the Director of Central Intelligence.
(b) CONTENT- The report shall contain the following:
(1) A detailed description of the threats referred to in subsection
(a).
(2) An analysis of those threats in terms of the probability that an
attack or other threat event will actually occur, the military challenge
posed by those threats, and the potential damage that those threats could
have to the national security interests of the United States.
(3) An analysis of the allocation of funds in the fiscal year 2001
budget and the future-years defense program that addresses each of those
threats.
(4) A justification for each major defense acquisition program (as
defined in section 2430 of title 10, United States Code) that is provided
for in the budget in light of the description and analyses set forth in the
report pursuant to this subsection.
(c) FORM OF REPORT- The report shall be submitted in unclassified form,
but may also be submitted in classified form if necessary.
SEC. 1039. REPORT ON NATO DEFENSE CAPABILITIES INITIATIVE.
(a) FINDINGS- Congress makes the following findings:
(1) At the meeting of the North Atlantic Council held in Washington, DC,
in April 1999, the NATO Heads of State and Governments launched a Defense
Capabilities Initiative.
(2) The Defense Capabilities Initiative is designed to improve the
defense capabilities of the individual nations of the NATO Alliance to
ensure the effectiveness of future operations across the full spectrum of
Alliance missions in the present and foreseeable security environment.
(3) Under the Defense Capabilities Initiative, special focus will be
given to improving interoperability among Alliance forces and to increasing
defense capabilities through improvements in the deployability and mobility
of Alliance forces, the sustainability and logistics of those forces, the
survivability and effective engagement capability of those forces, and
command and control and information systems.
(4) The successful implementation of the Defense Capabilities Initiative
will serve to enable all members of the Alliance to make a more equitable
contribution to the full spectrum of Alliance missions, thereby increasing
burdensharing within the Alliance and enhancing the ability of European
members of the Alliance to undertake operations pursuant to the European
Security and Defense Identity within the Alliance.
(b) ANNUAL REPORT- (1) Not later than January 31 of each year, the
Secretary of Defense shall submit to the Committees on Armed Services and
Foreign Relations of the Senate and the Committees on Armed Services and
International Relations of the House of Representatives a report, to be
prepared in consultation with the Secretary of State, on implementation of the
Defense Capabilities Initiative by the nations of the NATO Alliance. The
report shall include the following:
(A) A discussion of the work of the temporary High-Level Steering Group,
or any successor group, established to oversee the implementation of the
Defense Capabilities Initiative and to meet the requirement of coordination
and harmonization among relevant planning disciplines.
(B) A description of the actions taken, including implementation of the
Multinational Logistics Center concept and development of the C3 system
architecture, by the Alliance as a whole to further the Defense Capabilities
Initiative.
(C) A description of the actions taken by each member of the Alliance
other than the United States to improve the capabilities of its forces in
each of the following areas:
(i) Interoperability with forces of other Alliance members.
(ii) Deployability and mobility.
(iii) Sustainability and logistics.
(iv) Survivability and effective engagement capability.
(v) Command and control and information systems.
(2) The report shall be submitted in unclassified form, but may also be
submitted in classified form if necessary.
SEC. 1040. REPORT ON MOTOR VEHICLE VIOLATIONS BY OPERATORS OF OFFICIAL ARMY
VEHICLES.
(a) REVIEW REQUIRED- The Secretary of the Army shall review the incidence
during fiscal year 1999 of the violation of motor vehicle laws by operators of
official Army motor vehicles. To the extent practicable, the review shall
include all such violations for which citations were issued (including
infractions relating to parking), other than violations occurring on a
military installation, regardless of whether or not a fine was paid for the
violation.
(b) REPORT- Not later than March 31, 2000, the Secretary shall submit to
the Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the results of the review
under subsection (a). The report shall include the following:
(1) The number of the citations described in subsection (a), shown
separately by principal jurisdiction.
(2) An estimate of the total amount of the fines that are associated
with those citations, shown separately by principal jurisdiction.
(3) Any actions taken by the Secretary or recommendations that the
Secretary considers appropriate to reduce the prevalence of such
violations.
(c) MOTOR VEHICLE LAWS- For purposes of this section, the term `motor
vehicle law' means a law (including a regulation, ordinance, or other measure)
that regulates the operation or parking of a motor vehicle within the
jurisdiction of the governmental entity establishing the law.
(d) PRINCIPAL JURISDICTION- For purposes of this section, the term
`principal jurisdiction' means a State, territory, or Commonwealth, the
District of Columbia, or a foreign nation.
Subtitle E--Information Security
SEC. 1041. IDENTIFICATION IN BUDGET MATERIALS OF AMOUNTS FOR DECLASSIFICATION
ACTIVITIES AND LIMITATION ON EXPENDITURES FOR SUCH ACTIVITIES.
(a) IN GENERAL- (1) Chapter 9 of title 10, United States Code, is amended
by adding after section 229, as added by section 932(b), the following new
section:
`Sec. 230. Amounts for declassification of records
`The Secretary of Defense shall include in the budget justification
materials submitted to Congress in support of the Department of Defense budget
for any fiscal year (as submitted with the budget of the President under
section 1105(a) of title 31) specific identification, as a budgetary line
item, of the amounts required to carry out programmed activities during that
fiscal year to declassify records pursuant to Executive Order No. 12958 (50
U.S.C. 435 note) or any successor Executive order or to comply with any
statutory requirement, or any request, to declassify Government records.'.
(2) The table of sections at the beginning of such chapter is amended by
adding after the item relating to section 229, as added by section 932(b), the
following new item:
`230. Amounts for declassification of records.'.
(b) LIMITATION ON EXPENDITURES- The total amount expended by the
Department of Defense during fiscal year 2000 to carry out declassification
activities under the provisions of section 3.4 of Executive Order No. 12958
(50 U.S.C. 435 note) may not exceed the Department's planned expenditure level
of $51,000,000.
(c) CERTIFICATION REQUIRED WITH RESPECT TO AUTOMATIC DECLASSIFICATION OF
RECORDS- No records of the Department of Defense that have not been reviewed
for declassification shall be subject to automatic declassification unless the
Secretary of Defense certifies to Congress that such declassification would
not harm the national security.
(d) REPORT ON AUTOMATIC DECLASSIFICATION OF DEPARTMENT OF DEFENSE RECORDS-
Not later than February 1, 2001, the Secretary of Defense shall submit to the
Committee on Armed Services of the House of Representatives and the Committee
on Armed Services of the Senate a report on the efforts of the Department of
Defense relating to the declassification of classified records under the
control of the Department of Defense. Such report shall include the
following:
(1) An assessment of whether the Department will be able to review all
relevant records for declassification before any date established for
automatic declassification.
(2) An estimate of the cost of reviewing records to meet any requirement
to review all relevant records for declassification by a date established
for automatic declassification.
(3) An estimate of the number of records, if any, that the Department
will be unable to review for declassification before any such date and the
affect on national security of the automatic declassification of those
records.
(4) An estimate of the length of time by which any such date would need
to be extended to avoid the automatic declassification of records that have
not yet been reviewed as of such date.
SEC. 1042. NOTICE TO CONGRESSIONAL COMMITTEES OF CERTAIN SECURITY AND
COUNTERINTELLIGENCE FAILURES WITHIN DEFENSE PROGRAMS.
(a) IN GENERAL- Chapter 161 of title 10, United States Code, is amended by
adding at the end the following new section:
-`Sec. 2723. Notice to congressional committees of certain security and
counterintelligence failures within defense programs
`(a) REQUIRED NOTIFICATION- The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives a
notification of each security or counterintelligence failure or compromise of
classified information relating to any defense operation, system, or
technology of the United States that the Secretary considers likely to cause
significant harm or damage to the national security interests of the United
States. The Secretary shall consult with the Director of Central Intelligence
and the Director of the Federal Bureau of Investigation, as appropriate,
before submitting any such notification.
`(b) MANNER OF NOTIFICATION- Notification of a failure or compromise of
classified information under subsection (a) shall be provided, in accordance
with the procedures established pursuant to subsection (c), not later than 30
days after the date on which the Department of Defense determines that the
failure or compromise has taken place.
`(c) PROCEDURES- The Secretary of Defense and the Committees on Armed
Services of the Senate and House of Representatives shall each establish such
procedures as may be necessary to protect from unauthorized disclosure
classified information, information relating to intelligence sources and
methods, and sensitive law enforcement information that is submitted to those
committees pursuant to this section and that are otherwise necessary to carry
out the provisions of this section.
`(d) STATUTORY CONSTRUCTION- (1) Nothing in this section shall be
construed as authority to withhold any information from the Committees on
Armed Services of the Senate and House of Representatives on the grounds that
providing the information to those committees would constitute the
unauthorized disclosure of classified information, information relating to
intelligence sources and methods, or sensitive law enforcement information.
`(2) Nothing in this section shall be construed to modify or supersede any
other requirement to report information on intelligence activities to the
Congress, including the requirement under section 501 of the National Security
Act of 1947 (50 U.S.C. 413).'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by adding at the end the following new item:
`2723. Notice to congressional committees of certain security and
counterintelligence failures within defense programs.'.
SEC. 1043. INFORMATION ASSURANCE INITIATIVE.
(a) IN GENERAL- Chapter 131 of title 10, United States Code, is amended by
adding at the end the following new section:
`Sec. 2224. Defense Information Assurance Program
`(a) DEFENSE INFORMATION ASSURANCE PROGRAM- The Secretary of Defense shall
carry out a program, to be known as the `Defense Information Assurance
Program', to protect and defend Department of Defense information, information
systems, and information networks that are critical to the Department and the
armed forces during day-to-day operations and operations in times of
crisis.
`(b) OBJECTIVES OF THE PROGRAM- The objectives of the program shall be to
provide continuously for the availability, integrity, authentication,
confidentiality, nonrepudiation, and rapid restitution of information and
information systems that are essential elements of the Defense Information
Infrastructure.
`(c) PROGRAM STRATEGY- In carrying out the program, the Secretary shall
develop a program strategy that encompasses those actions necessary to assure
the readiness, reliability, continuity, and integrity of Defense information
systems, networks, and infrastructure. The program strategy shall include the
following:
`(1) A vulnerability and threat assessment of elements of the defense
and supporting nondefense information infrastructures that are essential to
the operations of the Department and the armed forces.
`(2) Development of essential information assurances technologies and
programs.
`(3) Organization of the Department, the armed forces, and supporting
activities to defend against information warfare.
`(4) Joint activities of the Department with other departments and
agencies of the Government, State and local agencies, and elements of the
national information infrastructure.
`(5) The conduct of exercises, war games, simulations, experiments, and
other activities designed to prepare the Department to respond to
information warfare threats.
`(6) Development of proposed legislation that the Secretary considers
necessary for implementing the program or for otherwise responding to the
information warfare threat.
`(d) COORDINATION- In carrying out the program, the Secretary shall
coordinate, as appropriate, with the head of any relevant Federal agency and
with representatives of those national critical information infrastructure
systems that are essential to the operations of the Department and the armed
forces on information assurance measures necessary to the protection of these
systems.
`(e) ANNUAL REPORT- Each year, at or about the time the President submits
the annual budget for the next fiscal year pursuant to section 1105 of title
31, the Secretary shall submit to Congress a report on the Defense Information
Assurance Program. Each report shall include the following:
`(1) Progress in achieving the objectives of the program.
`(2) A summary of the program strategy and any changes in that
strategy.
`(3) A description of the information assurance activities of the Office
of the Secretary of Defense, Joint Staff, unified and specified commands,
Defense Agencies, military departments, and other supporting activities of
the Department of Defense.
`(4) Program and budget requirements for the program for the past fiscal
year, current fiscal year, budget year, and each succeeding fiscal year in
the remainder of the current future-years defense program.
`(5) An identification of critical deficiencies and shortfalls in the
program.
`(6) Legislative proposals that would enhance the capability of the
Department to execute the program.
`(f) INFORMATION ASSURANCE TEST BED- The Secretary shall develop an
information assurance test bed within the Department of Defense to
provide--
`(1) an integrated organization structure to plan and facilitate the
conduct of simulations, war games, exercises, experiments, and other
activities to prepare and inform the Department regarding information
warfare threats; and
`(2) organization and planning means for the conduct by the Department
of the integrated or joint exercises and experiments with elements of the
national information systems infrastructure and other non-Department of
Defense organizations that are responsible for the oversight and management
of critical information systems and infrastructures on which the Department,
the armed forces, and supporting activities depend for the conduct of daily
operations and operations during crisis.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by adding at the end the following new item:
`2224. Defense Information Assurance Program.'.
SEC. 1044. NONDISCLOSURE OF INFORMATION ON PERSONNEL OF OVERSEAS, SENSITIVE,
OR ROUTINELY DEPLOYABLE UNITS.
(a) IN GENERAL- Chapter 3 of title 10, United States Code, is amended by
inserting after section 130a the following new section:
-`Sec. 130b. Personnel in overseas, sensitive, or routinely deployable units:
nondisclosure of personally identifying information
`(a) EXEMPTION FROM DISCLOSURE- The Secretary of Defense and, with respect
to the Coast Guard when it is not operating as a service in the Navy, the
Secretary of Transportation may, notwithstanding section 552 of title 5,
authorize to be withheld from disclosure to the public personally identifying
information regarding--
`(1) any member of the armed forces assigned to an overseas unit, a
sensitive unit, or a routinely deployable unit; and
`(2) any employee of the Department of Defense or of the Coast Guard
whose duty station is with any such unit.
`(b) EXCEPTIONS- (1) The authority in subsection (a) is subject to such
exceptions as the President may direct.
`(2) Subsection (a) does not authorize any official to withhold, or to
authorize the withholding of, information from Congress.
`(c) DEFINITIONS- In this section:
`(1) The term `personally identifying information', with respect to any
person, means the person's name, rank, duty address, and official title and
information regarding the person's pay.
`(2) The term `unit' means a military organization of the armed forces
designated as a unit by competent authority.
`(3) The term `overseas unit' means a unit that is located outside the
United States and its territories.
`(4) The term `sensitive unit' means a unit that is primarily involved
in training for the conduct of, or conducting, special activities or
classified missions, including--
`(A) a unit involved in collecting, handling, disposing, or storing of
classified information and materials;
`(B) a unit engaged in training--
`(i) special operations units;
`(ii) security group commands weapons stations; or
`(iii) communications stations; and
`(C) any other unit that is designated as a sensitive unit by the
Secretary of Defense or, in the case of the Coast Guard when it is not
operating as a service in the Navy, by the Secretary of
Transportation.
`(5) The term `routinely deployable unit' means a unit that normally
deploys from its permanent home station on a periodic or rotating basis to
meet peacetime operational requirements that, or to participate in scheduled
training exercises that, routinely require deployments outside the United
States and its territories. Such term includes a unit that is alerted for
deployment outside the United States and its territories during an actual
execution of a contingency plan or in support of a crisis operation.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
chapter is amended by adding at the end the following new item:
`130b. Personnel in overseas, sensitive, or routinely deployable units:
nondisclosure of personally identifying information.'.
SEC. 1045. NONDISCLOSURE OF CERTAIN OPERATIONAL FILES OF THE NATIONAL IMAGERY
AND MAPPING AGENCY.
(a) AUTHORITY TO WITHHOLD- Subchapter II of chapter 22 of title 10, United
States Code, is amended by adding at the end the following new section:
-`Sec. 457. Operational files previously maintained by or concerning
activities of National Photographic Interpretation Center: authority to withhold
from public disclosure
`(a) AUTHORITY- The Secretary of Defense may withhold from public
disclosure operational files described in subsection (b) to the same extent
that operational files may be withheld under section 701 of the National
Security Act of 1947 (50 U.S.C. 431).
`(b) COVERED OPERATIONAL FILES- The authority under subsection (a) applies
to operational files in the possession of the National Imagery and Mapping
Agency that--
`(1) as of September 22, 1996, were maintained by the National
Photographic Interpretation Center; or
`(2) concern the activities of the Agency that, as of such date, were
performed by the National Photographic Interpretation Center.
`(c) OPERATIONAL FILES DEFINED- In this section, the term `operational
files' has the meaning given that term in section 701(b) of the National
Security Act of 1947 (50 U.S.C. 431(b)).'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such
subchapter is amended by adding at the end the following new item:
`457. Operational files previously maintained by or concerning activities
of National Photographic Interpretation Center: authority to withhold from
public disclosure.'.
Subtitle F--Memorial Objects and Commemorations
SEC. 1051. MORATORIUM ON THE RETURN OF VETERANS MEMORIAL OBJECTS TO FOREIGN
NATIONS WITHOUT SPECIFIC AUTHORIZATION IN LAW.
(a) PROHIBITION- Notwithstanding section 2572 of title 10, United States
Code, and any other provision of law, during the moratorium period specified
in subsection (c) the President may not transfer a veterans memorial object to
a foreign country or an entity controlled by a foreign government, or
otherwise transfer or convey such an object to any person or entity for
purposes of the ultimate transfer or conveyance of the object to a foreign
country or entity controlled by a foreign government, unless such transfer is
specifically authorized by law.
(b) DEFINITIONS- In this section:
(1) ENTITY CONTROLLED BY A FOREIGN GOVERNMENT- The term `entity
controlled by a foreign government' has the meaning given that term in
section 2536(c)(1) of title 10, United States Code.
(2) VETERANS MEMORIAL OBJECT- The term `veterans memorial object' means
any object, including a physical structure or portion thereof, that--
(A) is located at a cemetery of the National Cemetery System, war
memorial, or military installation in the United States;
(B) is dedicated to, or otherwise memorializes, the death in combat or
combat-related duties of members of the United States Armed Forces;
and
(C) was brought to the United States from abroad as a memorial of
combat abroad.
(c) PERIOD OF MORATORIUM- The moratorium period for the purposes of this
section is the period beginning on the date of the enactment of this Act and
ending on September 30, 2001.
SEC. 1052. PROGRAM TO COMMEMORATE 50TH ANNIVERSARY OF THE KOREAN WAR.
(a) PERIOD OF PROGRAM- Subsection (a) of section 1083 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
1918; 10 U.S.C. 113 note) is amended by striking `The Secretary of Defense'
and inserting `During fiscal years 2000 through 2004, the Secretary of
Defense'.
(b) CHANGE OF NAME- (1) Subsection (c) of such section, as amended by
section 1067 of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2134), is amended by striking
`The Department of Defense Korean War Commemoration' and inserting `The United
States of America Korean War Commemoration'.
(2) The amendment made by paragraph (1) may not be construed to supersede
rights that are established or vested before the date of the enactment of this
Act.
(3) Any reference to the Department of Defense Korean War Commemoration in
any law, regulation, document, record, or other paper of the United States
shall be considered to be a reference to the United States of America Korean
War Commemoration.
(c) FUNDING- Subsection (f) of such section is amended to read as
follows:
`(f) USE OF FUNDS- (1) Funds appropriated for the Army for fiscal years
2000 through 2004 for operation and maintenance shall be available for the
commemorative program authorized under subsection (a).
`(2) The total amount expended by the Department of Defense through the
Department of Defense 50th Anniversary of the Korean War Commemoration
Committee, an entity within the Department of the Army, to carry out the
commemorative program authorized under subsection (a) for fiscal years 2000
through 2004 may not exceed $7,000,000.'.
(d) EFFECTIVE DATE- The amendments made by this section shall take effect
on October 1, 1999.
SEC. 1053. COMMEMORATION OF THE VICTORY OF FREEDOM IN THE COLD WAR.
(a) FINDINGS- Congress makes the following findings:
(1) The Cold War between the United States and its allies and the former
Union of Soviet Socialist Republics and its allies was the longest and most
costly struggle for democracy and freedom in the history of mankind.
(2) Whether millions of people all over the world would live in freedom
hinged on the outcome of the Cold War.
(3) Democratic countries bore the burden of the struggle and paid the
costs in order to preserve and promote democracy and freedom.
(4) The Armed Forces and the taxpayers of the United States bore the
greatest portion of that burden and struggle in order to protect those
principles.
(5) Tens of thousands of United States soldiers, sailors, airmen,
Marines paid the ultimate price during the Cold War in order to preserve the
freedoms and liberties enjoyed in democratic countries.
(6) The Berlin Wall erected in Berlin, Germany, epitomized the
totalitarianism that the United States struggled to eradicate during the
Cold War.
(7) The fall of the Berlin Wall on November 9, 1989, was a major event
of the Cold War.
(8) The Soviet Union collapsed on December 25, 1991.
(b) SENSE OF CONGRESS- It is the sense of Congress that the President
should issue a proclamation calling on the people of the United States to
observe the victory in the Cold War with appropriate ceremonies and
activities.
(c) PARTICIPATION OF ARMED FORCES IN CELEBRATION OF END OF COLD WAR- (1)
Subject to paragraphs (2), (3), and (4), amounts authorized to be appropriated
by section 301 may be available for costs of the Armed Forces in participating
in a celebration of the end of the Cold War to be held in Washington, District
of Columbia.
(2) The total amount of funds available under paragraph (1) for the
purpose set forth in that paragraph shall not exceed $5,000,000.
(3) The Secretary of Defense may accept contributions from the private
sector for the purpose of reducing the costs of the Armed Forces described in
paragraph (1). The amount of funds available under paragraph (1) for the
purpose set forth in that paragraph shall be reduced by an amount equal to the
amount of contributions accepted by the Secretary under the preceding
sentence.
(4) The funding authorized in paragraph (1) shall not be available until
30 days after the date upon which the plan required by subsection (d) is
submitted.
(d) REPORT- (1) The President shall transmit to Congress--
(A) a report on the content of the proclamation referred to in
subsection (b); and
(B) a plan for appropriate ceremonies and activities.
(2) The plan submitted under paragraph (1) shall include the following:
(A) A discussion of the content, location, date, and time of each
ceremony and activity included in the plan.
(B) The funding allocated to support those ceremonies and
activities.
(C) The organizations and individuals consulted while developing the
plan for those ceremonies and activities.
(D) A list of private sector organizations and individuals that are
expected to participate in each ceremony and activity.
(E) A list of local, State, and Federal agencies that are expected to
participate in each ceremony and activity.
(e) COMMISSION ON VICTORY IN THE COLD WAR- (1) There is hereby established
a commission to be known as the `Commission on Victory in the Cold War'.
(2) The Commission shall be composed of twelve members, as follows:
(A) Two shall be appointed by the President.
(B) Three shall be appointed by the Speaker of the House of
Representatives.
(C) Two shall be appointed by the minority leader of the House of
Representatives.
(D) Three shall be appointed by the majority leader of the Senate.
(E) Two shall be appointed by the minority leader of the Senate.
(3) The Commission shall review and make recommendations regarding the
celebration of the victory in the Cold War, to include the date of the
celebration, usage of facilities, participation of the Armed Forces, and
expenditure of funds.
(4) The Secretary shall--
(A) consult with the Commission on matters relating to the celebration
of the victory in the Cold War;
(B) reimburse Commission members for expenses relating to participation
of Commission members in Commission activities from funds made available
under subsection (c); and
(C) provide the Commission with administrative support.
(5) The Commission shall be co-chaired by two members as follows:
(A) One selected by and from among those appointed pursuant to
subparagraphs (A), (C), and (E) of paragraph (2).
(B) One selected by and from among those appointed pursuant to
subparagraphs (B) and (D) of paragraph (2).
Subtitle G--Other Matters
SEC. 1061. DEFENSE SCIENCE BOARD TASK FORCE ON USE OF TELEVISION AND RADIO AS
A PROPAGANDA INSTRUMENT IN TIME OF MILITARY CONFLICT.
(a) ESTABLISHMENT OF TASK FORCE- The Secretary of Defense shall establish
a task force of the Defense Science Board to examine--
(1) the use of radio and television broadcasting as a propaganda
instrument in time of military conflict; and
(2) the adequacy of the capabilities of the Armed Forces to make such
uses of radio and television during conflicts such as the conflict in the
Federal Republic of Yugoslavia in the spring of 1999.
(b) DUTIES OF TASK FORCE- The task force shall assess and develop
recommendations as to the appropriate capabilities, if any, that the Armed
Forces should have to broadcast radio and television into a region in time of
military conflict so as to ensure that the general public in that region is
exposed to the facts of the conflict. In making that assessment and developing
those recommendations, the task force shall review the following:
(1) The capabilities of the Armed Forces to develop programming and to
make broadcasts that can reach a large segment of the general public in a
country such as the Federal Republic of Yugoslavia.
(2) The potential of various Department of Defense airborne or
land-based mechanisms to have capabilities described in paragraph (1),
including improvements to the EC-130 Commando Solo aircraft and the use of
other airborne platforms, unmanned aerial vehicles, and land-based
transmitters in conjunction with satellites.
(3) Other issues relating to the use of television and radio as a
propaganda instrument in time of conflict.
(c) REPORT- The task force shall submit to the Secretary of Defense a
report containing its assessments and recommendations under subsection (b) not
later than February 1, 2000. The Secretary shall submit the report, together
with the comments and recommendations of the Secretary, to the congressional
defense committees not later than March 1, 2000.
SEC. 1062. ASSESSMENT OF ELECTROMAGNETIC SPECTRUM REALLOCATION.
(a) ASSESSMENT REQUIRED- Part C of the National Telecommunications and
Information Administration Organization Act is amended by adding after section
155 the following new section:
`SEC. 156. ASSESSMENT OF ELECTROMAGNETIC SPECTRUM REALLOCATION.
`(a) REVIEW AND ASSESSMENT OF ELECTROMAGNETIC SPECTRUM REALLOCATION-
`(1) REVIEW AND ASSESSMENT REQUIRED- The Secretary of Commerce, acting
through the Assistant Secretary and in coordination with the Chairman of the
Federal Communications Commission, shall convene an interagency review and
assessment of--
`(A) the progress made in implementation of national spectrum
planning;
`(B) the reallocation of Federal Government spectrum to non-Federal
use, in accordance with the amendments made by title VI of the Omnibus
Budget Reconciliation Act of 1993 (Public Law 103-66; 107 Stat. 379) and
title III of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat.
258); and
`(C) the implications for such reallocations to the affected Federal
executive agencies.
`(2) COORDINATION- The assessment shall be conducted in coordination
with affected Federal executive agencies through the Interdepartmental Radio
Advisory Committee.
`(3) COOPERATION AND ASSISTANCE- Affected Federal executive agencies
shall cooperate with the Assistant Secretary in the conduct of the review
and assessment and furnish the Assistant Secretary with such information,
support, and assistance, not inconsistent with law, as the Assistant
Secretary may consider necessary in the performance of the review and
assessment.
`(4) ATTENTION TO PARTICULAR SUBJECTS REQUIRED- In the conduct of the
review and assessment, particular attention shall be given to--
`(A) the effect on critical military and intelligence capabilities,
civil space programs, and other Federal Government systems used to protect
public safety of the reallocated spectrum described in paragraph (1)(B) of
this subsection;
`(B) the anticipated impact on critical military and intelligence
capabilities, future military and intelligence operational requirements,
national defense modernization programs, and civil space programs, and
other Federal Government systems used to protect public safety, of future
potential reallocations to non-Federal use of bands of the electromagnetic
spectrum that are currently allocated for use by the Federal Government;
and
`(C) future spectrum requirements of agencies in the Federal
Government.
`(b) SUBMISSION OF REPORT- The Secretary of Commerce, in coordination with
the heads of the affected Federal executive agencies, and the Chairman of the
Federal Communications Commission shall submit to the President, the Committee
on Armed Services and the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Armed Services, the Committee on Commerce,
and the Committee on Science of the House of Representatives, not later than
October 1, 2000, a report providing the results of the assessment required by
subsection (a).'.
(b) SURRENDER OF DEPARTMENT OF DEFENSE SPECTRUM-
(1) IN GENERAL- If, in order to make available for other use a band of
frequencies of which it is a primary user, the Department of Defense is
required to surrender use of such band of frequencies, the Department shall
not surrender use of such band of frequencies until--
(A) the National Telecommunications and Information Administration, in
consultation with the Federal Communications Commission, identifies and
makes available to the Department for its primary use, if necessary, an
alternative band or bands of frequencies as a replacement for the band to
be so surrendered; and
(B) the Secretary of Commerce, the Secretary of Defense, and the
Chairman of the Joint Chiefs of Staff jointly certify to the Committee on
Armed Services and the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Armed Services and the Committee on
Commerce of the House of Representatives, that such alternative band or
bands provides comparable technical characteristics to restore essential
military capability that will be lost as a result of the band of
frequencies to be so surrendered.
(2) EXCEPTION- Paragraph (1) shall not apply to a band of frequencies
that has been identified for reallocation in accordance with title VI of the
Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66; 107 Stat. 379)
and title III of the Balanced Budget Act of 1997 (Public Law 105-33, 111
Stat. 258), other than a band of frequencies that is reclaimed pursuant to
subsection (c).
(c) REASSIGNMENT TO FEDERAL GOVERNMENT FOR USE BY DEPARTMENT OF DEFENSE OF
CERTAIN FREQUENCY SPECTRUM RECOMMENDED FOR REALLOCATION- (1) Notwithstanding
any provision of the National Telecommunications and Information
Administration Organization Act or the Balanced Budget Act of 1997, the
President shall reclaim for exclusive Federal Government use on a primary
basis by the Department of Defense--
(A) the bands of frequencies aggregating 3 megahertz located between 138
and 144 megahertz that were recommended for reallocation in the second
reallocation report under section 113(a) of that Act; and
(B) the band of frequency aggregating 5 megahertz located between 1385
megahertz and 1390 megahertz, inclusive, that was so recommended for
reallocation.
(2) Section 113(b)(3)(A) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 923(b)(3)(A)) is
amended by striking `20 megahertz' and inserting `12 megahertz'.
SEC. 1063. EXTENSION AND REAUTHORIZATION OF DEFENSE PRODUCTION ACT OF 1950.
(a) EXTENSION OF TERMINATION DATE- Section 717(a) of the Defense
Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended by striking
`September 30, 1999' and inserting `September 30, 2000'.
(b) EXTENSION OF AUTHORIZATION- Section 711(b) of such Act (50 U.S.C. App.
2161(b)) is amended by striking `the fiscal years 1996, 1997, 1998, and 1999'
and inserting `fiscal years 1996 through 2000'.
SEC. 1064. PERFORMANCE OF THREAT AND RISK ASSESSMENTS.
Section 1404 of the Defense Against Weapons of Mass Destruction Act of
1998 (title XIV of Public Law 105-261; 50 U.S.C. 2301 note) is amended to read
as follows:
`SEC. 1404. THREAT AND RISK ASSESSMENTS.
`(a) THREAT AND RISK ASSESSMENTS- Assistance to Federal, State, and local
agencies provided under the program under section 1402 shall include the
performance of assessments of the threat and risk of terrorist employment of
weapons of mass destruction against cities and other local areas. Such
assessments shall be used by Federal, State, and local agencies to determine
the training and equipment requirements under this program and shall be
performed as a collaborative effort with State and local agencies.
`(b) CONDUCT OF ASSESSMENTS- The Department of Justice, as lead Federal
agency for domestic crisis management in response to terrorism involving
weapons of mass destruction, shall--
`(1) conduct any threat and risk assessment performed under subsection
(a) in coordination with appropriate Federal, State, and local agencies;
and
`(2) develop procedures and guidance for conduct of the threat and risk
assessment in consultation with officials from the intelligence
community.'.
SEC. 1065. CHEMICAL AGENTS USED FOR DEFENSIVE TRAINING.
(a) AUTHORITY TO TRANSFER AGENTS- (1) The Secretary of Defense may
transfer to the Attorney General, in accordance with the Chemical Weapons
Convention, quantities of lethal chemical agents required to support training
at the Center for Domestic Preparedness in Fort McClellan, Alabama. The
quantity of lethal chemical agents transferred under this section may not
exceed that required to support training for emergency first-response
personnel in addressing the health, safety, and law enforcement concerns
associated with potential terrorist incidents that might involve the use of
lethal chemical weapons or agents, or other training designated by the
Attorney General.
(2) The Secretary of Defense, in coordination with the Attorney General,
shall determine the amount of lethal chemical agents that shall be transferred
under this section. Such amount shall be transferred from quantities of lethal
chemical agents that are produced, acquired, or retained by the Department of
Defense.
(3) The Secretary of Defense may not transfer lethal chemical agents under
this section until--
(A) the Center referred to in paragraph (1) is transferred from the
Department of Defense to the Department of Justice; and
(B) the Secretary determines that the Attorney General is prepared to
receive such agents.
(4) To carry out the training described in paragraph (1) and other
defensive training not prohibited by the Chemical Weapons Convention, the
Secretary of Defense may transport lethal chemical agents from a Department of
Defense facility in one State to a Department of Justice or Department of
Defense facility in another State.
(5) Quantities of lethal chemical agents transferred under this section
shall meet all applicable requirements for transportation, storage, treatment,
and disposal of such agents and for any resulting hazardous waste products.
(b) ANNUAL REPORT- The Secretary of Defense, in consultation with the
Attorney General, shall report annually to Congress regarding the disposition
of lethal chemical agents transferred under this section.
(c) NON-INTERFERENCE WITH TREATY OBLIGATIONS- Nothing in this section may
be construed as interfering with United States treaty obligations under the
Chemical Weapons Convention.
(d) CHEMICAL WEAPONS CONVENTION DEFINED- In this section, the term
`Chemical Weapons Convention' means the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical Weapons and on Their
Destruction, opened for signature on January 13, 1993.
SEC. 1066. TECHNICAL AND CLERICAL AMENDMENTS.
(a) TITLE 10, UNITED STATES CODE- Title 10, United States Code, is amended
as follows:
(1) Section 136(a) is amended by inserting `advice and' after `by and
with the'.
(2) Section 180(d) is amended by striking `grade GS-18 of the General
Schedule under section 5332 of title 5' and inserting `Executive Schedule
Level IV under section 5376 of title 5'.
(3) Section 192(d) is amended by striking `the date of the enactment of
this subsection' and inserting `October 17, 1998'.
(4) Section 374(b) is amended--
(A) in paragraph (1), by aligning subparagraphs (C) and (D) with
subparagraphs (A) and (B); and
(B) in paragraph (2)(F), by striking the second semicolon at the end
of clause (i).
(5) Section 664(i)(2)(A) is amended by striking `the date of the
enactment of this subsection' and inserting `February 10, 1996'.
(6) Section 977(d)(2) is amended by striking `the lesser of' and all
that follows through `(B)'.
(7) Section 1073 is amended by inserting `(42 U.S.C. 14401 et seq.)'
before the period at the end of the second sentence.
(8) Section 1076a(j)(2) is amended by striking `1 year' and inserting
`one year'.
(9) Section 1370(d) is amended--
(A) in paragraph (1), by striking `chapter 1225' and inserting
`chapter 1223'; and
(B) in paragraph (5), by striking `the date of the enactment of this
paragraph' and inserting `October 17, 1998,'.
(10) Section 1401a(b)(2) is amended--
(A) by striking `MEMBERS' and all that follows through `The Secretary
shall' and inserting `MEMBERS- The Secretary shall';
(B) by striking subparagraphs (B) and (C); and
(C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B)
and realigning those subparagraphs, as so redesignated, so as to be
indented four ems from the left margin.
(11) Section 1406(i)(2) is amended by striking `on or after the date of
the enactment of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999' and inserting `after October 16, 1998'.
(12) Section 1448(b)(3)(E)(ii) is amended by striking `on or after the
date of the enactment of the subparagraph' and inserting `after October 16,
1998,'.
(13) Section 1501(d) is amended by striking `prescribed' in the first
sentence and inserting `described'.
(14) Section 1509(a)(2) is amended by striking `the date of the
enactment of the National Defense Authorization Act for Fiscal Year 1998' in
subparagraphs (A) and (B) and inserting `November 18, 1997,'.
(15) Section 1513(1) is amended by striking `, under the circumstances
specified in the last sentence of section 1509(a) of this title' and
inserting `who is required by section 1509(a)(1) of this title to be
considered a missing person'.
(16) Section 2208(l)(2)(A) is amended by inserting `of' after `during a
period'.
(17) Section 2212(f) is amended--
(A) in paragraphs (2) and (3), by striking `after the date of the
enactment of this section' and inserting `after October 17, 1998,';
and
(B) in paragraphs (2), (3), and (4), by striking `as of the date of
the enactment of this section' and inserting `as of October 17,
1998'.
(18) Section 2302c(b) is amended by striking `section 2303' and
inserting `section 2303(a)'.
(19) Section 2325(a)(1) is amended by inserting `that occurs after
November 18, 1997,' after `of the contractor' in the matter that precedes
subparagraph (A).
(20) Section 2469a(c)(3) is amended by striking `the date of the
enactment of the National Defense Authorization Act for Fiscal Year 1998'
and inserting `November 18, 1997'.
(21) Section 2486(c) is amended by striking `the date of the enactment
of the National Defense Authorization Act for Fiscal Year 1998,' in the
second sentence and inserting `November 18, 1997,'.
(22) Section 2492(b) is amended by striking `the date of the enactment
of this section' and inserting `October 17, 1998'.
(23) Section 2539b(a) is amended by striking `secretaries of the
military departments' and inserting `Secretaries of the military
departments'.
(24) Section 2641a is amended--
(A) by striking `, United States Code,' in subsection (b)(2);
and
(B) by striking subsection (d).
(25) Section 2692(b) is amended--
(A) by striking `apply to--' in the matter preceding paragraph (1) and
inserting `apply to the following:';
(B) by striking `the' at the beginning of each of paragraphs (1)
through (11) and inserting `The';
(C) by striking the semicolon at the end of each of paragraphs (1)
through (9) and inserting a period; and
(D) by striking `; and' at the end of paragraph (10) and inserting a
period.
(26) Section 2696 is amended--
(A) in subsection (a), by inserting `enacted after December 31, 1997,'
after `any provision of law';
(B) in subsection (b)(1), by striking `required by paragraph (1)' and
inserting `referred to in subsection (a)'; and
(C) in subsection (e)(4), by striking `the date of enactment of the
National Defense Authorization Act for Fiscal Year 1998' and inserting
`November 18, 1997'.
(27) Section 2703(c) is amended by striking `United States Code,'.
(28) Section 2837(d)(2) is amended--
(A) by inserting `and' at the end of subparagraph (A);
(B) by striking `; and' at the end of subparagraph (B) and inserting a
period; and
(C) by striking subparagraph (C).
(29) Section 7315(d)(2) is amended by striking `the date of the
enactment of the National Defense Authorization Act for Fiscal Year 1998'
and inserting `November 18, 1997,'.
(30) Section 7902(e)(5) is amended by striking `, United States
Code,'.
(31) The item relating to section 12003 in the table of sections at the
beginning of chapter 1201 is amended by inserting `in an' after
`officers'.
(32) Section 14301(g) is amended by striking `1 year' both places it
appears and inserting `one year'.
(33) Section 16131(b)(1) is amended by inserting `in' after `Except as
provided'.
(b) PUBLIC LAW 105-261- Effective as of October 17, 1998, and as if
included therein as enacted, the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1920 et seq.) is
amended as follows:
(1) Section 402(b) (112 Stat. 1996) is amended by striking the third
comma in the first quoted matter and inserting a period.
(2) Section 511(b)(2) (112 Stat. 2007) is amended by striking `section
1411' and inserting `section 1402'.
(3) Section 513(a) (112 Stat. 2007) is amended by striking `section 511'
and inserting `section 512(a)'.
(4) Section 525(b) (112 Stat. 2014) is amended by striking `subsection
(i)' and inserting `subsection (j)'.
(5) Section 568 (112 Stat. 2031) is amended by striking `1295(c)' in the
matter preceding paragraph (1) and inserting `1295b(c)'.
(6) Section 722(c) (112 Stat. 2067) is amended--
(A) by striking `(1)' before `An individual is eligible';
(B) by redesignating subparagraphs (A), (B), (C), and (D) as
paragraphs (1), (2), (3), and (4), respectively; and
(C) in paragraph (4), as so redesignated, by striking `subsection (c)'
and inserting `subsection (d)'.
(c) PUBLIC LAW 105-85- The National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85) is amended as follows:
(1) Section 557(b) (111 Stat. 1750) is amended by inserting `to' after
`with respect'.
(2) Section 563(b) (111 Stat. 1754) is amended by striking `title' and
inserting `subtitle'.
(3) Section 644(d)(2) (111 Stat. 1801) is amended by striking
`paragraphs (3) and (4)' and inserting `paragraphs (7) and (8)'.
(4) Section 934(b) (111 Stat. 1866) is amended by striking `of' after
`matters concerning'.
(1) Effective as of April 1, 1996, section 647(b) of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110
Stat. 370) is amended by inserting `of such title' after `Section
1968(a)'.
(2) Section 414 of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (Public Law 102-190; 10 U.S.C. 12001 note) is
amended--
(A) by striking `pilot' in subsection (a), `PILOT' in the heading of
subsection (a), and `pilot' in the section heading; and
(B) in subsection (c)(1)--
(i) by striking `2,000' in the first sentence and inserting `5,000';
and
(ii) by striking the second sentence.
(3) Sections 8334(c) and 8422(a)(3) of title 5, United States Code, are
each amended in the item for nuclear materials couriers--
(A) by striking `to the day before the date of the enactment of the
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999'
and inserting `to October 16, 1998'; and
(B) by striking `The date of the enactment of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999' and inserting
`October 17, 1998'.
(4) Section 113(b)(2) of title 32, United States Code, is amended by
striking `the date of the enactment of this subsection' and inserting
`October 17, 1998'.
(5) Section 1007(b) of title 37, United States Code, is amended by
striking the second sentence.
(6) Section 845(b)(1) of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note) is amended by
striking `(e)(2) and (e)(3) of such section 2371' and inserting `(e)(1)(B)
and (e)(2) of such section 2371'.
(e) COORDINATION WITH OTHER AMENDMENTS- For purposes of applying
amendments made by provisions of this Act other than provisions of this
section, this section shall be treated as having been enacted immediately
before the other provisions of this Act.
SEC. 1067. AMENDMENTS TO REFLECT NAME CHANGE OF COMMITTEE ON NATIONAL
SECURITY OF THE HOUSE OF REPRESENTATIVES TO COMMITTEE ON ARMED SERVICES.
The following provisions of law are amended by striking `Committee on
National Security' each place it appears and inserting `Committee on Armed
Services':
(1) Title 10, United States Code.
(2) Sections 301b(i)(2) and 431(d)(2) of title 37, United States
Code.
(3) The following provisions of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261): section 3,
section 344(c)(3) (10 U.S.C. 113 note), section 571(f) (10 U.S.C. 520 note),
section 722(b)(3)(A) (10 U.S.C. 1073 note), section 723(d) (10 U.S.C. 1073
note), section 724 (10 U.S.C. 1108 note), section 733(b)(3) (10 U.S.C. 1091
note), section 741(c) (10 U.S.C. 1109 note), section 745(h) (10 U.S.C. 1071
note), 803(c)(4) (10 U.S.C. 2306a note), section 914, section 1007(f)(1),
section 1101(g)(1) (5 U.S.C. 3104 note), section 1223(a) (22 U.S.C. 1928
note), section 1502(a) (22 U.S.C. 2593a note), section 3124(d), section
3158(c) (42 U.S.C. 2121 note), section 3159(d) (42 U.S.C. 2121 note), and
section 3161(d)(2) (50 U.S.C. 435 note).
(4) The following provisions of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85): section 3, section 349(g) (10
U.S.C. 2702 note), section 849(b) (10 U.S.C. 1731 note), section 1033(f)(4),
section 1078(d) (50 U.S.C. 1520a), section 1215(2), section 3124(d), and
section 3140(a).
(5) The following provisions of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104-201): section 3, section 121(e)(1),
section 270(a) (10 U.S.C. 2501 note), section 326(c), section 333(c),
section 552(a), section 1042(a) (10 U.S.C. 113 note), section 1053(d),
section 2827(b)(3), and section 3124(c).
(6) The following provisions of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106): section 3, section 131, section
234(f), section 279(b), section 373(a), section 807(c) (10 U.S.C. 2401a
note), section 822(e) (10 U.S.C. 2302 note), section 1011(d)(2), section
1205(a)(2) (22 U.S.C. 5955 note), section 3124(c), and section 3411 (10
U.S.C. 7420 note).
(7) Section 2922(b) of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 10 U.S.C. 2687 note).
(8) Sections 326(a)(5) (10 U.S.C. 2302 note) and 1505(e)(2)(B) (22
U.S.C. 5859a) of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484).
(9) Section 1097(a)(1) of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 (Public Law 102-190; 22 U.S.C. 2751 note).
(10) The following provisions of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510): section 1403(d)(2) (50 U.S.C.
404b(d)(2)), section 1457(d)(2) (50 U.S.C. 404c(d)(2)), section 2910(2) (10
U.S.C. 2687 note), and subsections (e)(3)(A) and (f)(2) of section 2921 (10
U.S.C. 2687 note).
(11) Subsections (b)(4) and (k)(2) of section 1412 of the Department of
Defense Authorization Act, 1986 (Public Law 99-145; 50 U.S.C. 1521).
(12) Section 1002(d) of the Department of Defense Authorization Act,
1985 (Public Law 98-525; 22 U.S.C. 1928 note).
(13) Sections 6(d)(1) and 7(b) of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98e(d)(1), 98f(b)).
(14) Section 8125(g)(2) of the Department of Defense Appropriations Act,
1989 (Public Law 100-463; 10 U.S.C. 113 note).
(15) Section 7606(b) of the Anti-Drug Abuse Act of 1988 (Public Law
100-690; 10 U.S.C. 9441 note).
(16) Sections 104(d)(5) and 109(c)(2) of the National Security Act of
1947 (50 U.S.C. 403-4(d)(5), 404d(c)(2)).
(17) Sections 8(b)(3) and 8(f)(1) of the Inspector General Act of 1978
(5 U.S.C. App.).
(18) Section 204(h)(3) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 485(h)(3)).
(19) Section 101(f)(3)(A) of the Sikes Act (16 U.S.C.
670a(f)(3)(A)).
(20) Section 103(c) of the High-Performance Computing Act of 1991 (15
U.S.C. 5513(c)).
(21) Section 205(b)(1) of the Commercial Space Act of 1998 (Public Law
105-303; 42 U.S.C. 14734(b)(1)).
(22) Section 506(c) of the Intelligence Authorization Act for Fiscal
Year 1996 (Public Law 104-93; 109 Stat. 974).
(23) Section 2(f) of the Wildfire Suppression Aircraft Transfer Act of
1996 (Public Law 104-307; 10 U.S.C. 2576 note).
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Accelerated implementation of voluntary early retirement
authority.
Sec. 1102. Increase of pay cap for nonappropriated fund senior executive
employees.
Sec. 1103. Restoration of leave of emergency essential employees serving in a
combat zone.
Sec. 1104. Extension of certain temporary authorities to provide benefits for
employees in connection with defense workforce reductions and restructuring.
Sec. 1105. Leave without loss of benefits for military reserve technicians on
active duty in support of combat operations.
Sec. 1106. Expansion of Guard-and-Reserve purposes for which leave under
section 6323 of title 5, United States Code, may be used.
Sec. 1107. Work schedules and premium pay of service academy faculty.
Sec. 1108. Salary schedules and related benefits for faculty and staff of the
Uniformed Services University of the Health Sciences.
Sec. 1109. Exemption of defense laboratory employees from certain workforce
management restrictions.
SEC. 1101. ACCELERATED IMPLEMENTATION OF VOLUNTARY EARLY RETIREMENT
AUTHORITY.
Section 1109(d)(1) of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2145; 5 U.S.C. 8336
note) is amended by striking `October 1, 2000' and inserting `October 1,
1999'.
SEC. 1102. INCREASE OF PAY CAP FOR NONAPPROPRIATED FUND SENIOR EXECUTIVE
EMPLOYEES.
Section 5373 of title 5, United States Code, is amended--
(1) in the first sentence, by striking `Except as provided' and
inserting `(a) Except as provided in subsection (b) and'; and
(2) by adding at the end the following new subsection:
`(b) Subsection (a) shall not affect the authority of the Secretary of
Defense or the Secretary of a military department to fix the pay of a civilian
employee paid from nonappropriated funds, except that the annual rate of basic
pay (including any portion of such pay attributable to comparability with
private-sector pay in a locality) of such an employee may not be fixed at a
rate greater than the rate for level III of the Executive Schedule.'.
SEC. 1103. RESTORATION OF LEAVE OF EMERGENCY ESSENTIAL EMPLOYEES SERVING IN A
COMBAT ZONE.
(a) SERVICE IN A COMBAT ZONE AS EXIGENCY OF THE PUBLIC BUSINESS- Section
6304(d) of title 5, United States Code, is amended by adding at the end the
following:
`(4)(A) For the purpose of this subsection, service of a Department of
Defense emergency essential employee in a combat zone is an exigency of the
public business for that employee. Any leave that, by reason of such service,
is lost by the employee by operation of this section (regardless of whether
such leave was scheduled) shall be restored to the employee and shall be
credited and available in accordance with paragraph (2).
`(B) As used in subparagraph (A)--
`(i) the term `Department of Defense emergency essential employee' means
an employee of the Department of Defense who is designated under section
1580 of title 10 as an emergency essential employee; and
`(ii) the term `combat zone' has the meaning given such term in section
112(c)(2) of the Internal Revenue Code of 1986.'.
(b) DESIGNATION OF EMERGENCY ESSENTIAL EMPLOYEES- (1) Chapter 81 of title
10, United States Code, is amended by inserting after the table of sections at
the beginning of such chapter the following new section 1580:
`Sec. 1580. Emergency essential employees: designation
`(a) CRITERIA FOR DESIGNATION- The Secretary of Defense or the Secretary
of the military department concerned may designate as an emergency essential
employee any employee of the Department of Defense, whether permanent or
temporary, the duties of whose position meet all of the following criteria:
`(1) It is the duty of the employee to provide immediate and continuing
support for combat operations or to support maintenance and repair of combat
essential systems of the armed forces.
`(2) It is necessary for the employee to perform that duty in a combat
zone after the evacuation of nonessential personnel, including any
dependents of members of the armed forces, from the zone in connection with
a war, a national emergency declared by Congress or the President, or the
commencement of combat operations of the armed forces in the zone.
`(3) It is impracticable to convert the employee's position to a
position authorized to be filled by a member of the armed forces because of
a necessity for that duty to be performed without interruption.
`(b) ELIGIBILITY OF EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES- A
nonappropriated fund instrumentality employee is eligible for designation as
an emergency essential employee under subsection (a).
`(c) DEFINITIONS- In this section:
`(1) The term `combat zone' has the meaning given that term in section
112(c)(2) of the Internal Revenue Code of 1986.
`(2) The term `nonappropriated fund instrumentality employee' has the
meaning given that term in section 1587(a)(1) of this title.'.
(2) The table of sections at the beginning of such chapter is amended by
inserting before the item relating to section 1581 the following:
`1580. Emergency essential employees: designation.'.
SEC. 1104. EXTENSION OF CERTAIN TEMPORARY AUTHORITIES TO PROVIDE BENEFITS FOR
EMPLOYEES IN CONNECTION WITH DEFENSE WORKFORCE REDUCTIONS AND RESTRUCTURING.
(a) LUMP-SUM PAYMENT OF SEVERANCE PAY- Section 5595(i)(4) of title 5,
United States Code, is amended by striking `the date of the enactment of the
National Defense Authorization Act for Fiscal Year 1996 and before October 1,
1999' and inserting `February 10, 1996, and before October 1, 2003'.
(b) VOLUNTARY SEPARATION INCENTIVE- Section 5597(e) of such title is
amended by striking `September 30, 2001' and inserting `September 30,
2003'.
(c) CONTINUATION OF FEHBP ELIGIBILITY- Section 8905a(d)(4)(B) of such
title is amended by striking clauses (i) and (ii) and inserting the
following:
`(ii) February 1, 2004, if specific notice of such separation was given
to such individual before October 1, 2003.'.
SEC. 1105. LEAVE WITHOUT LOSS OF BENEFITS FOR MILITARY RESERVE TECHNICIANS ON
ACTIVE DUTY IN SUPPORT OF COMBAT OPERATIONS.
(a) ELIMINATION OF RESTRICTION TO SITUATIONS INVOLVING NONCOMBAT
OPERATIONS- Section 6323(d)(1) of title 5, United States Code, is amended by
striking `noncombat'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect
on the date of the enactment of this Act and shall apply with respect to days
of leave under section 6323(d)(1) of title 5, United States Code, on or after
that date.
SEC. 1106. EXPANSION OF GUARD-AND-RESERVE PURPOSES FOR WHICH LEAVE UNDER
SECTION 6323 OF TITLE 5, UNITED STATES CODE, MAY BE USED.
(a) IN GENERAL- Section 6323(a)(1) of title 5, United States Code, is
amended in the first sentence by inserting `, inactive-duty training (as
defined in section 101 of title 37),' after `active duty'.
(b) APPLICABILITY- The amendment made by subsection (a) shall not apply
with respect to any inactive-duty training (as defined in such amendment)
occurring before the date of the enactment of this Act.
SEC. 1107. WORK SCHEDULES AND PREMIUM PAY OF SERVICE ACADEMY FACULTY.
(a) UNITED STATES MILITARY ACADEMY- Section 4338 of title 10, United
States Code, is amended by adding at the end the following new subsection
(c):
`(c) The Secretary of the Army may, notwithstanding the provisions of
subchapter V of chapter 55 of title 5 or section 6101 of such title, prescribe
for persons employed under this section the following:
`(1) The work schedule, including hours of work and tours of duty, set
forth with such specificity and other characteristics as the Secretary
determines appropriate.
`(2) Any premium pay or compensatory time off for hours of work or tours
of duty in excess of the regularly scheduled hours or tours of duty.'.
(b) UNITED STATES NAVAL ACADEMY- Section 6952 of title 10, United States
Code, is amended by--
(1) redesignating subsection (c) as subsection (d); and
(2) inserting after subsection (b) the following new subsection
(c):
`(c) The Secretary of the Navy may, notwithstanding the provisions of
subchapter V of chapter 55 of title 5 or section 6101 of such title, prescribe
for persons employed under this section the following:
`(1) The work schedule, including hours of work and tours of duty, set
forth with such specificity and other characteristics as the Secretary
determines appropriate.
`(2) Any premium pay or compensatory time off for hours of work or tours
of duty in excess of the regularly scheduled hours or tours of duty.'.
(c) UNITED STATES AIR FORCE ACADEMY- Section 9338 of title 10, United
States Code, is amended by adding at the end the following new subsection
(c):
`(c) The Secretary of the Air Force may, notwithstanding the provisions of
subchapter V of chapter 55 of title 5 or section 6101 of such title, prescribe
for persons employed under this section the following:
`(1) The work schedule, including hours of work and tours of duty, set
forth with such specificity and other characteristics as the Secretary
determines appropriate.
`(2) Any premium pay or compensatory time off for hours of work or tours
of duty in excess of the regularly scheduled hours or tours of duty.'.
SEC. 1108. SALARY SCHEDULES AND RELATED BENEFITS FOR FACULTY AND STAFF OF THE
UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES.
Section 2113(f) of title 10, United States Code, is amended by adding at
the end the following:
`(3) The limitations in section 5373 of title 5 do not apply to the
authority of the Secretary under paragraph (1) to prescribe salary schedules
and other related benefits.'.
SEC. 1109. EXEMPTION OF DEFENSE LABORATORY EMPLOYEES FROM CERTAIN WORKFORCE
MANAGEMENT RESTRICTIONS.
Section 342(b) of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 108 Stat. 2721) is amended by adding at the end the
following new paragraph:
`(4) The employees of a laboratory covered by a personnel demonstration
project carried out under this section shall be exempt from, and may not be
counted for the purposes of, any constraint or limitation in a statute or
regulation in terms of supervisory ratios or maximum number of employees in
any specific category or categories of employment that may otherwise be
applicable to the employees. The employees shall be managed by the director of
the laboratory subject to the supervision of the Under Secretary of Defense
for Acquisition, Technology, and Logistics.'.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--Matters Relating to the People's Republic of China
Sec. 1201. Limitation on military-to-military exchanges and contacts with
Chinese People's Liberation Army.
Sec. 1202. Annual report on military power of the People's Republic of China.
Subtitle B--Matters Relating to the Balkans
Sec. 1211. Department of Defense report on the conduct of Operation Allied
Force and associated relief operations.
Sec. 1212. Sense of Congress regarding the need for vigorous prosecution of
war crimes, genocide, and crimes against humanity in the former Republic of
Yugoslavia.
Subtitle C--Matters Relating to NATO and Other Allies
Sec. 1221. Legal effect of the new strategic concept of NATO.
Sec. 1222. Report on allied capabilities to contribute to major theater wars.
Sec. 1223. Attendance at professional military education schools by military
personnel of the new member nations of NATO.
Subtitle D--Other Matters
Sec. 1231. Multinational economic embargoes against governments in armed
conflict with the United States.
Sec. 1232. Limitation on deployment of Armed Forces in Haiti during fiscal
year 2000 and congressional notice of deployments to Haiti.
Sec. 1233. Report on the security situation on the Korean peninsula.
Sec. 1234. Sense of Congress regarding the continuation of sanctions against
Libya.
Sec. 1235. Sense of Congress and report on disengaging from noncritical
overseas missions involving United States combat forces.
Subtitle A--Matters Relating to the People's Republic of
China
SEC. 1201. LIMITATION ON MILITARY-TO-MILITARY EXCHANGES AND CONTACTS WITH
CHINESE PEOPLE'S LIBERATION ARMY.
(a) LIMITATION- The Secretary of Defense may not authorize any
military-to-military exchange or contact described in subsection (b) to be
conducted by the armed forces with representatives of the People's Liberation
Army of the People's Republic of China if that exchange or contact would
create a national security risk due to an inappropriate exposure specified in
subsection (b).
(b) COVERED EXCHANGES AND CONTACTS- Subsection (a) applies to any
military-to-military exchange or contact that includes inappropriate exposure
to any of the following:
(1) Force projection operations.
(3) Advanced combined-arms and joint combat operations.
(4) Advanced logistical operations.
(5) Chemical and biological defense and other capabilities related to
weapons of mass destruction.
(6) Surveillance and reconnaissance operations.
(7) Joint warfighting experiments and other activities related to a
transformation in warfare.
(8) Military space operations.
(9) Other advanced capabilities of the Armed Forces.
(10) Arms sales or military-related technology transfers.
(11) Release of classified or restricted information.
(12) Access to a Department of Defense laboratory.
(c) EXCEPTIONS- Subsection (a) does not apply to any search-and-rescue or
humanitarian operation or exercise.
(d) ANNUAL CERTIFICATION BY SECRETARY- The Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives, not later than December 31
each year, a certification in writing as to whether or not any
military-to-military exchange or contact during that calendar year was
conducted in violation of subsection (a).
(e) ANNUAL REPORT- Not later than March 31 each year beginning in 2001,
the Secretary of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of Representatives
a report providing the Secretary's assessment of the current state of
military-to-military exchanges and contacts with the People's Liberation Army.
The report shall include the following:
(1) A summary of all such military-to-military contacts during the
period since the last such report, including a summary of topics discussed
and questions asked by the Chinese participants in those contacts.
(2) A description of the military-to-military exchanges and contacts
scheduled for the next 12-month period and a plan for future contacts and
exchanges.
(3) The Secretary's assessment of the benefits the Chinese expect to
gain from those military-to-military exchanges and contacts.
(4) The Secretary's assessment of the benefits the Department of Defense
expects to gain from those military-to-military exchanges and
contacts.
(5) The Secretary's assessment of how military-to-military exchanges and
contacts with the People's Liberation Army fit into the larger security
relationship between the United States and the People's Republic of
China.
(f) REPORT OF PAST MILITARY-TO-MILITARY EXCHANGES AND CONTACTS WITH THE
PRC- Not later than March 31, 2000, the Secretary of Defense shall submit to
the Committee on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on past military-to-military
exchanges and contacts between the United States and the People's Republic of
China. The report shall be unclassified, but may contain a classified annex,
and shall include the following:
(1) A list of the general and flag grade officers of the People's
Liberation Army who have visited United States military installations since
January 1, 1993.
(2) The itinerary of the visits referred to in paragraph (2), including
the installations visited, the duration of the visits, and the activities
conducted during the visits.
(3) The involvement, if any, of the general and flag officers referred
to in paragraph (1) in the Tiananmen Square massacre of June 1989.
(4) A list of the facilities in the People's Republic of China that
United States military officers have visited as a result of any
military-to-military exchange or contact program between the United States
and the People's Republic of China since January 1, 1993.
(5) A list of facilities in the People's Republic of China that have
been the subject of a requested visit by the Department of Defense that has
been denied by People's Republic of China authorities.
(6) A list of facilities in the United States that have been the subject
of a requested visit by the People's Liberation Army that has been denied by
the United States.
(7) Any official documentation (such as memoranda for the record,
after-action reports, and final itineraries) and all receipts for expenses
over $1,000, concerning military-to-military exchanges or contacts between
the United States and the People's Republic of China in 1999.
(8) A description of military-to-military exchanges or contacts between
the United States and the People's Republic of China scheduled for
2000.
(9) An assessment regarding whether or not any People's Republic of
China military officials have been shown classified material as a result of
military-to-military exchanges or contacts between the United States and the
People's Republic of China.
SEC. 1202. ANNUAL REPORT ON MILITARY POWER OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) ANNUAL REPORT- Not later than March 1 each year, the Secretary of
Defense shall submit to the specified congressional committees a report, in
both classified and unclassified form, on the current and future military
strategy of the People's Republic of China. The report shall address the
current and probable future course of military-technological development on
the People's Liberation Army and the tenets and probable development of
Chinese grand strategy, security strategy, and military strategy, and of
military organizations and operational concepts, through the next 20 years.
(b) MATTERS TO BE INCLUDED- Each report under this section shall include
analyses and forecasts of the following:
(1) The goals of Chinese grand strategy, security strategy, and military
strategy.
(2) Trends in Chinese strategy that would be designed to establish the
People's Republic of China as the leading political power in the
Asia-Pacific region and as a political and military presence in other
regions of the world.
(3) The security situation in the Taiwan Strait.
(4) Chinese strategy regarding Taiwan.
(5) The size, location, and capabilities of Chinese strategic, land,
sea, and air forces, including detailed analysis of those forces facing
Taiwan.
(6) Developments in Chinese military doctrine, focusing on (but not
limited to) efforts to exploit a transformation in military affairs or to
conduct preemptive strikes.
(7) Efforts, including technology transfers and espionage, by the
People's Republic of China to develop, acquire, or gain access to
information, communication, space and other advanced technologies that would
enhance military capabilities.
(8) An assessment of any challenges during the preceding year to the
deterrent forces of the Republic of China on Taiwan, consistent with the
commitments made by the United States in the Taiwan Relations Act (Public
Law 96-8).
(c) SPECIFIED CONGRESSIONAL COMMITTEES- For purposes of this section, the
term `specified congressional committees' means the following:
(1) The Committee on Armed Services and the Committee on Foreign
Relations of the Senate.
(2) The Committee on Armed Services and the Committee on International
Relations of the House of Representatives.
Subtitle B--Matters Relating to the Balkans
SEC. 1211. DEPARTMENT OF DEFENSE REPORT ON THE CONDUCT OF OPERATION ALLIED
FORCE AND ASSOCIATED RELIEF OPERATIONS.
(a) REPORT REQUIRED- (1) Not later than January 31, 2000, the Secretary of
Defense shall submit to the congressional defense committees a report on the
conduct of military operations conducted as part of Operation Allied Force and
relief operations associated with that operation. The Secretary shall submit
to those committees a preliminary report on the conduct of those operations
not later than October 15, 1999. The report (including the preliminary report)
shall be prepared in consultation with the Chairman of the Joint Chiefs of
Staff and the Commander in Chief, United States European Command.
(2) In this section, the term `Operation Allied Force' means operations of
the North Atlantic Treaty Organization (NATO) conducted against the Federal
Republic of Yugoslavia (Serbia and Montenegro) during the period beginning on
March 24, 1999, and ending with the suspension of bombing operations on June
10, 1999, to resolve the conflict with respect to Kosovo.
(b) DISCUSSION OF ACCOMPLISHMENTS AND SHORTCOMINGS- The report (and the
preliminary report, to the extent feasible) shall contain a discussion, with a
particular emphasis on accomplishments and shortcomings, of the following
matters:
(1) The national security interests of the United States that were
threatened by the deteriorating political and military situation in the
Province of Kosovo, Republic of Serbia, in the country of the Federal
Republic of Yugoslavia (Serbia and Montenegro).
(2) The factors leading to the decision by the United States and NATO to
issue an ultimatum in October 1998 that force would be used against the
Federal Republic of Yugoslavia unless certain conditions were met, and the
planning of a military operation to execute that ultimatum.
(3) The political and military objectives of the United States and NATO
in the conflict with the Federal Republic of Yugoslavia.
(4) The military strategy of the United States and NATO to achieve those
political and military objectives.
(5) An analysis of the decisionmaking process of NATO and the effect of
that decisionmaking process on the conduct of military operations.
(6) An analysis of the decision not to include a ground component in
Operation Allied Force (to include a detailed explanation of the political
and military factors involved in that decision) and the effect of that
decision on the conduct of military operations.
(7) The deployment of United States forces and the transportation of
supplies to the theater of operations, including an assessment of airlift
and sealift, with a specific assessment of the deployment of Task Force
Hawk.
(8) The conduct of military operations, including a specific assessment
of each of the following:
(A) The effects of the graduated, incremental pace of the military
operations.
(B) The process for identifying, nominating, selecting and verifying
targets to be attacked during Operation Allied Force, including an
analysis of the factors leading to the bombing of the Embassy of the
People's Republic of China in Belgrade.
(C) The loss of aircraft and the accuracy of bombing
operations.
(D) The decoy and deception operations and counter-intelligence
techniques used by the Yugoslav military.
(E) The use of high-demand, low-density assets in Operation Allied
Force in terms of inventory, capabilities, deficiencies, and ability to
provide logistical support.
(F) A comparison of the military capabilities of the United States and
of the allied participants in Operation Allied Force.
(G) Communications and operational security of NATO forces.
(H) The effect of adverse weather on the performance of weapons and
supporting systems.
(I) The decision not to use in the air campaign the Apache attack
helicopters deployed as part of Task Force Hawk.
(9) The conduct of relief operations by United States and allied
military forces and the effect of those relief operations on military
operations.
(10) The ability of the United States during Operation Allied Force to
conduct other operations required by the national defense strategy,
including an analysis of the transfer of operational assets from other
United States unified commands to the European Command for participation in
Operation Allied Force and the effect of those transfers on the readiness,
warfighting capability, and deterrence posture of those commands.
(11) The use of special operations forces, including operational and
intelligence activities classified under special access procedures.
(12) The effectiveness of intelligence, surveillance, and reconnaissance
support to operational forces, including an assessment of battle damage
assessment of fixed and mobile targets prosecuted during the air campaign,
estimates of Yugoslav forces and equipment in Kosovo, and information
related to Kosovar refugees and internally displaced persons.
(13) The use and performance of United States and NATO military
equipment, weapon systems, and munitions (including items classified under
special access procedures) and an analysis of--
(A) any equipment or capabilities that were in research and
development and if available could have been used in the theater of
operations;
(B) any equipment or capabilities that were available and could have
been used but were not introduced into the theater of operations;
and
(C) the compatibility of command, control, and communications
equipment and the ability of United States aircraft to operate with
aircraft of other nations without degradation of capabilities or
protection of United States forces.
(14) The scope of logistics support, including support from other
nations, with particular emphasis on the availability and adequacy of
foreign air bases.
(15) The role of contractors to provide support and maintenance in the
theater of operations.
(16) The acquisition policy actions taken to support the forces in the
theater of operations.
(17) The personnel management actions taken to support the forces in the
theater of operations.
(18) The effectiveness of reserve component forces, including their use
and performance in the theater of operations.
(19) A legal analysis, including (A) the legal basis for the decision by
NATO to use force, and (B) the role of the law of armed conflict in the
planning and execution of military operations by the United States and the
other NATO member nations.
(20) The cost to the Department of Defense of Operation Allied Force and
associated relief operations, together with the Secretary's plan to
refurbish or replace ordnance and other military equipment expended or
destroyed during the operations.
(21) A description of the most critical lessons learned that could lead
to long-term doctrinal, organizational, and technological changes.
(c) CLASSIFICATION OF REPORT- The Secretary of Defense shall submit both
the report and the preliminary report in a classified form and an unclassified
form.
SEC. 1212. SENSE OF CONGRESS REGARDING THE NEED FOR VIGOROUS PROSECUTION OF
WAR CRIMES, GENOCIDE, AND CRIMES AGAINST HUMANITY IN THE FORMER REPUBLIC OF
YUGOSLAVIA.
(a) FINDINGS- Congress makes the following findings:
(1) The United Nations Security Council created the International
Criminal Tribunal for the former Yugoslavia (in this section referred to as
the `ICTY') by resolution on May 25, 1993.
(2) Although the ICTY has indicted 89 people since its creation, those
indictments have only resulted in the trial and conviction of 8
criminals.
(3) The ICTY has jurisdiction to investigate grave breaches of the 1949
Geneva Conventions (Article 2), violations of the laws or customs of war
(Article 3), genocide (Article 4), and crimes against humanity (Article
5).
(4) The Chief Prosecutor of the ICTY, Justice Louise Arbour, stated on
July 7, 1998, to the Contact Group for the former Yugoslavia, that `[t]he
Prosecutor believes that the nature and scale of the fighting indicate that
an `armed conflict', within the meaning of international law, exists in
Kosovo. As a consequence, she intends to bring charges for crimes against
humanity or war crimes, if evidence of such crimes is established'.
(5) Reports from Kosovar Albanian refugees provide detailed accounts of
systematic efforts to displace the entire Muslim population of Kosovo.
(6) In furtherance of this plan, Serbian troops, police, and
paramilitary forces have engaged in detention and summary execution of men
of all ages, wanton destruction of civilian housing, forcible expulsions,
mass executions in at least 60 villages and towns, as well as widespread
rape of women and young girls.
(7) These reports of atrocities provide prima facie evidence of war
crimes and crimes against humanity, as well as possible genocide.
(8) Any criminal investigation is best served by the depositions and
interviews of witnesses as soon after the commission of the crime as
possible.
(9) The indictment, arrest, and trial of war criminals would provide a
significant deterrent to further atrocities.
(10) The ICTY has issued 14 international warrants for war crimes
suspects that have yet to be served, despite knowledge of the suspects'
whereabouts.
(11) Vigorous prosecution of war crimes after the conflict in Bosnia may
have prevented the ongoing atrocities in Kosovo.
(12) Investigative reporters have identified specific documentary
evidence implicating the Serbian leadership in the commission of war
crimes.
(13) NATO forces and forensic teams deployed in Kosovo have uncovered
physical evidence of war crimes, including mass graves.
(b) SENSE OF CONGRESS- It is the sense of Congress that--
(1) the United States, in coordination with other United Nations member
states, should provide sufficient resources for an expeditious and thorough
investigation of allegations of the atrocities and war crimes committed in
Kosovo;
(2) the United States, through its intelligence services, should provide
all possible cooperation in the gathering of evidence of sufficient
specificity and credibility to secure the indictment of those responsible
for the commission of war crimes, crimes against humanity, and genocide in
the former Yugoslavia;
(3) where evidence warrants, indictments for war crimes, crimes against
humanity, and genocide should be issued against suspects regardless of their
position within the Serbian leadership;
(4) the United States and all nations have an obligation to honor arrest
warrants issued by the ICTY and should use all appropriate means to
apprehend and bring to justice through the ICTY individuals who are already
under indictment;
(5) any final settlement regarding Kosovo should not bar the indictment,
apprehension, or prosecution of persons accused of war crimes, crimes
against humanity, or genocide committed during operations in Kosovo;
and
(6) President Slobodan Milosevic should be held accountable for his
actions while President of the Federal Republic of Yugoslavia or President
of the Republic of Serbia in initiating four armed conflicts and taking
actions leading to the deaths of tens of thousands of people and
responsibility for murder, rape, terrorism, destruction, and ethnic
cleansing.
Subtitle C--Matters Relating to NATO and Other Allies
SEC. 1221. LEGAL EFFECT OF THE NEW STRATEGIC CONCEPT OF NATO.
(a) CERTIFICATION REQUIRED- Not later than 30 days after the date of the
enactment of this Act, the President shall determine and certify to the
Congress whether or not the new Strategic Concept of NATO imposes any new
commitment or obligation on the United States.
(b) SENSE OF CONGRESS- It is the sense of Congress that, if the President
certifies under subsection (a) that the new Strategic Concept of NATO imposes
any new commitment or obligation on the United States, the President should
submit the new Strategic Concept of NATO to the Senate as a treaty for the
Senate's advice and consent to ratification under article II, section 2,
clause 2 of the Constitution.
(c) REPORT- Together with the certification made under subsection (a), the
President shall submit to the Congress a report containing an analysis of the
potential threats facing the North Atlantic Treaty Organization in the first
decade of the next millennium, with particular reference to those threats
facing a member nation, or several member nations, where the commitment of
NATO forces will be `out of area' or beyond the borders of NATO member
nations.
(d) DEFINITION- For the purposes of this section, the term `new Strategic
Concept of NATO' means the document approved by the Heads of State and
Government participating in the meeting of the North Atlantic Council in
Washington, DC, on April 23 and 24, 1999.
SEC. 1222. REPORT ON ALLIED CAPABILITIES TO CONTRIBUTE TO MAJOR THEATER WARS.
(a) REPORT- The Secretary of Defense shall prepare a report, in both
classified and unclassified form, on the current military capabilities of
allied nations to contribute to the successful conduct of the major theater
wars as anticipated in the Quadrennial Defense Review of 1997.
(b) MATTERS TO BE INCLUDED- The report shall set forth the following:
(1) The identity, size, structure, and capabilities of the armed forces
of the allies expected to participate in the major theater wars anticipated
in the Quadrennial Defense Review.
(2) The priority accorded in the national military strategies and
defense programs of the anticipated allies to contributing forces to United
States-led coalitions in such major theater wars.
(3) The missions currently being conducted by the armed forces of the
anticipated allies and the ability of the allied armed forces to conduct
simultaneously their current missions and those anticipated in the event of
major theater war.
(4) Any Department of Defense assumptions about the ability of allied
armed forces to deploy or redeploy from their current missions in the event
of a major theater war, including any role United States Armed Forces would
play in assisting and sustaining such a deployment or redeployment.
(5) Any Department of Defense assumptions about the combat missions to
be executed by such allied forces in the event of major theater war.
(6) The readiness of allied armed forces to execute any such
missions.
(7) Any risks to the successful execution of the military missions
called for under the National Military Strategy of the United States related
to the capabilities of allied armed forces.
(c) SUBMISSION OF REPORT- The report shall be submitted to Congress not
later than June 1, 2000.
SEC. 1223. ATTENDANCE AT PROFESSIONAL MILITARY EDUCATION SCHOOLS BY MILITARY
PERSONNEL OF THE NEW MEMBER NATIONS OF NATO.
(a) FINDING- Congress finds that it is in the national interest of the
United States to fully integrate Poland, Hungary, and the Czech Republic (the
new member nations of the North Atlantic Treaty Organization) into the NATO
alliance as quickly as possible.
(b) MILITARY EDUCATION AND TRAINING PROGRAMS- The Secretary of each
military department shall give due consideration to according a high priority
to the attendance of military personnel of Poland, Hungary, and the Czech
Republic at professional military education schools and training programs in
the United States, including the United States Military Academy, the United
States Naval Academy, the United States Air Force Academy, the National
Defense University, the war colleges of the Armed Forces, the command and
general staff officer courses of the Armed Forces, and other schools and
training programs of the Armed Forces that admit personnel of foreign armed
forces.
Subtitle D--Other Matters
SEC. 1231. MULTINATIONAL ECONOMIC EMBARGOES AGAINST GOV-ERNMENTS IN ARMED
CONFLICT WITH THE UNITED STATES.
(a) POLICY ON THE ESTABLISHMENT OF EMBARGOES- It is the policy of the
United States, that upon the use of the Armed Forces of the United States to
engage in hostilities against any foreign country, the President shall, as
appropriate--
(1) seek the establishment of a multinational economic embargo against
such country; and
(2) seek the seizure of its foreign financial assets.
(b) REPORTS TO CONGRESS- Not later than 20 days after the first day of the
engagement of the United States in hostilities described in subsection (a),
the President shall, if the armed conflict has continued for 14 days, submit
to Congress a report setting forth--
(1) the specific steps the United States has taken and will continue to
take to establish a multinational economic embargo and to initiate financial
asset seizure pursuant to subsection (a); and
(2) any foreign sources of trade or revenue that directly or indirectly
support the ability of the adversarial government to sustain a military
conflict against the United States.
SEC. 1232. LIMITATION ON DEPLOYMENT OF ARMED FORCES IN HAITI DURING FISCAL
YEAR 2000 AND CONGRESSIONAL NOTICE OF DEPLOYMENTS TO HAITI.
(a) LIMITATION ON DEPLOYMENT- No funds available to the Department of
Defense during fiscal year 2000 may be expended after May 31, 2000, for the
continuous deployment of United States Armed Forces in Haiti pursuant to the
Department of Defense operation designated as Operation Uphold Democracy.
(b) REPORT- Whenever there is a deployment of United States Armed Forces
to Haiti after May 31, 2000, the President shall, not later than 96 hours
after such deployment begins, transmit to Congress a written report regarding
the deployment. In any such report, the President shall specify (1) the
purpose of the deployment, and (2) the date on which the deployment is
expected to end.
SEC. 1233. REPORT ON THE SECURITY SITUATION ON THE KOREAN PENINSULA.
(a) REPORT- Not later than April 1, 2000, the Secretary of Defense shall
submit to the appropriate congressional committees a report on the security
situation on the Korean peninsula. The report shall be submitted in both
classified and unclassified form.
(b) MATTERS TO BE INCLUDED- The Secretary shall include in the report
under subsection (a) the following:
(1) A net assessment analysis of the warfighting capabilities of the
Combined Forces Command (CFC) of the United States and the Republic of Korea
compared with the armed forces of North Korea.
(2) An assessment of challenges posed by the armed forces of North Korea
to the defense of the Republic of Korea and to United States forces deployed
to the region.
(3) An assessment of the current status and the future direction of
weapons of mass destruction programs and ballistic missile programs of North
Korea, including a determination as to whether or not North Korea--
(A) is continuing to pursue a nuclear weapons program;
(B) is seeking equipment and technology with which to enrich uranium;
and
(C) is pursuing an offensive biological weapons program.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES- In this section, the term
`appropriate congressional committees' means--
(1) the Committee on International Relations and the Committee on Armed
Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on Armed
Services of the Senate.
SEC. 1234. SENSE OF CONGRESS REGARDING THE CONTINUATION OF SANCTIONS AGAINST
LIBYA.
(a) FINDINGS- Congress makes the following findings:
(1) On December 21, 1988, 270 people, including 189 United States
citizens, were killed in a terrorist bombing on Pan American Flight 103 over
Lockerbie, Scotland.
(2) The United Kingdom and the United States indicted two Libyan
intelligence agents, Abd al-Baset Ali al-Megrahi and Al-Amin Khalifah
Fhimah, in 1991 and sought their extradition from Libya to the United States
or the United Kingdom to stand trial for this heinous terrorist act.
(3) The United Nations Security Council called for the extradition of
those suspects in Security Council Resolution 731 and imposed sanctions on
Libya in Security Council Resolutions 748 and 883 because Libyan leader
Colonel Muammar Qadhafi refused to transfer the suspects to either the
United States or the United Kingdom to stand trial.
(4) United Nations Security Council Resolutions 731, 748, and 883 demand
that Libya cease all support for terrorism, turn over the two suspects,
cooperate with the investigation and the trial, and address the issue of
appropriate compensation.
(5) The sanctions in United Nations Security Council Resolutions 748 and
883 include--
(A) a worldwide ban on Libya's national airline;
(B) a ban on flights into and out of Libya by other nations' airlines;
and
(C) a prohibition on supplying arms, airplane parts, and certain oil
equipment to Libya, and a blocking of Libyan Government funds in other
countries.
(6) Colonel Muammar Qadhafi for many years refused to extradite the
suspects to either the United States or the United Kingdom and had insisted
that he would only transfer the suspects to a third and neutral country to
stand trial.
(7) On August 24, 1998, the United States and the United Kingdom agreed
to the proposal that Colonel Qadhafi transfer the suspects to The
Netherlands, where they would stand trial under a Scottish court, under
Scottish law, and with a panel of Scottish judges.
(8) The United Nations Security Council endorsed the United
States-United Kingdom proposal on August 27, 1998 in United Nations Security
Council Resolution 1192.
(9) The United States, consistent with United Nations Security Council
resolutions, called on Libya to ensure the production of evidence, including
the presence of witnesses before the court, and to comply fully with all the
requirements of the United Nations Security Council resolutions.
(10) After years of intensive diplomacy, Colonel Qadhafi finally
transferred the two Libyan suspects to The Netherlands on April 5, 1999, and
the United Nations Security Council, in turn, suspended its sanctions
against Libya that same day.
(11) Libya has only fulfilled one of four conditions (the transfer of
the two suspects accused in the Lockerbie bombing) set forth in United
Nations Security Council Resolutions 731, 748, and 883 that would justify
the lifting of United Nations Security Council sanctions against
Libya.
(12) Libya has not fulfilled the other three conditions (cooperation
with the Lockerbie investigation and trial, renunciation of and ending
support for terrorism, and payment of appropriate compensation) necessary to
lift the United Nations Security Council sanctions.
(13) The United Nations Secretary General issued a report to the
Security Council on June 30, 1999, on the issue of Libya's compliance with
the remaining conditions.
(14) Any member of the United Nations Security Council has the right to
introduce a resolution to lift the sanctions against Libya now that the
United Nations Secretary General's report has been issued.
(15) The United States Government considers Libya a state sponsor of
terrorism and the State Department Report, `Patterns of Global Terrorism;
1998', stated that Colonel Qadhafi `continued publicly and privately to
support Palestinian terrorist groups, including the PIJ and the
PFLP-GC'.
(16) United States Government sanctions (other than sanctions on food or
medicine) should be maintained on Libya, and in accordance with United
States law, the Secretary of State should keep Libya on the list of
countries the governments of which have repeatedly provided support for acts
of international terrorism under section 6(j) of the Export Administration
Act of 1979 in light of Libya's ongoing support for terrorist groups.
(b) SENSE OF CONGRESS- It is the sense of Congress that the President
should use all diplomatic means necessary, including the use of the United
States veto at the United Nations Security Council, to prevent the Security
Council from lifting sanctions against Libya until Libya fulfills all of the
conditions set forth in United Nations Security Council Resolutions 731, 748,
and 883.
SEC. 1235. SENSE OF CONGRESS AND REPORT ON DISENGAGING FROM NONCRITICAL
OVERSEAS MISSIONS INVOLVING UNITED STATES COMBAT FORCES.
(a) FINDINGS- Congress makes the following findings:
(1) It is the National Security Strategy of the United States to `deter
and defeat large-scale, cross-border aggression in two distant theaters in
overlapping time frames'.
(2) The deterrence of Iraq and Iran in Southwest Asia and the deterrence
of North Korea in Northeast Asia represent two such potential large-scale,
cross-border theater requirements.
(3) The United States has 120,000 military personnel permanently
assigned to the Southwest Asia and Northeast Asia theaters.
(4) The United States has an additional 70,000 military personnel
assigned to non-NATO/non-Pacific threat foreign countries.
(5) The United States has more than 6,000 military personnel in
Bosnia-Herzegovina on indefinite assignment.
(6) The United States has diverted permanently assigned resources from
other theaters to support operations in the Balkans.
(7) The United States provides military forces to seven active United
Nations peacekeeping operations, including some missions that have continued
for decades.
(8) Between 1986 and 1998, the number of United States military
deployments per year has nearly tripled at the same time the Department of
Defense budget has been reduced in real terms by 38 percent.
(9) The Army has 10 active-duty divisions today, down from 18 in 1991,
while on an average day in fiscal year 1998, 28,000 United States Army
soldiers were deployed to more than 70 countries for over 300 separate
missions.
(10) The number of fighter wings in the active component of the Air
Force has gone from 22 to 13 since 1991, while 70 percent of air sorties in
Operation Allied Force over the Balkans were United States-flown and the Air
Force continues to enforce northern and southern no-fly zones in Iraq. In
response, the Air Force has initiated a `stop loss' program to block normal
retirements and separations.
(11) The Navy has been reduced in size to 339 ships, its lowest level
since 1938, necessitating the redeployment of the only overseas homeported
aircraft carrier from the western Pacific to the Mediterranean to support
Operation Allied Force.
(12) In 1998, just 10 percent of eligible carrier naval aviators (27 out
of 261) accepted continuation bonuses and remained in the service.
(13) In 1998, 48 percent of Air Force pilots eligible for continuation
chose to leave the service.
(14) The Army could fall 6,000 below congressionally authorized strength
levels by the end of 1999.
(b) SENSE OF CONGRESS- It is the sense of Congress that--
(1) the readiness of United States military forces to execute the
National Security Strategy of the United States referred to in subsection
(a)(1) is being eroded by a combination of declining defense budgets and
expanded missions; and
(2) there may be missions to which the United States is contributing
Armed Forces from which the United States can begin disengaging.
(c) REPORT REQUIREMENT- Not later than March 1, 2000, the President shall
submit to the Committee on Armed Services and the Committee on Appropriations
of the Senate and the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives a report prioritizing the
ongoing global missions to which the United States is contributing forces. The
President shall include in the report a feasibility analysis of how the United
States can--
(1) shift resources from low priority missions in support of higher
priority missions;
(2) consolidate or reduce United States troop commitments worldwide;
and
(3) end low priority missions.
TITLE XIII--COOPERATIVE THREAT RE-DUCTION WITH STATES OF THE FOR-MER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for specified purposes.
Sec. 1304. Limitations on use of funds for fissile material storage facility.
Sec. 1305. Limitation on use of funds for chemical weapons destruction.
Sec. 1306. Limitation on use of funds until submission of report.
Sec. 1307. Limitation on use of funds until submission of multiyear plan.
Sec. 1308. Requirement to submit report.
Sec. 1309. Report on Expanded Threat Reduction Initiative.
Sec. 1310. Limitation on use of funds until submission of certification.
Sec. 1311. Period covered by annual report on accounting for United States
assistance under Cooperative Threat Reduction programs.
Sec. 1312. Russian nonstrategic nuclear arms.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND FUNDS.
(a) SPECIFICATION OF CTR PROGRAMS- For purposes of section 301 and other
provisions of this Act, Cooperative Threat Reduction programs are the programs
specified in section 1501(b) of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 note).
(b) FISCAL YEAR 2000 COOPERATIVE THREAT REDUCTION FUNDS DEFINED- As used
in this title, the term `fiscal year 2000 Cooperative Threat Reduction funds'
means the funds appropriated pursuant to the authorization of appropriations
in section 301 for Cooperative Threat Reduction programs.
(c) AVAILABILITY OF FUNDS- Funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs shall be available for obligation for three fiscal
years.
SEC. 1302. FUNDING ALLOCATIONS.
(a) FUNDING FOR SPECIFIC PURPOSES- Of the $475,500,000 authorized to be
appropriated to the Department of Defense for fiscal year 2000 in section
301(23) for Cooperative Threat Reduction programs, not more than the following
amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$177,300,000.
(2) For strategic nuclear arms elimination in Ukraine,
$41,800,000.
(3) For activities to support warhead dismantlement processing in
Russia, $9,300,000.
(4) For security enhancements at chemical weapons storage sites in
Russia, $20,000,000.
(5) For weapons transportation security in Russia, $15,200,000.
(6) For planning, design, and construction of a storage facility for
Russian fissile material, $64,500,000.
(7) For weapons storage security in Russia, $99,000,000.
(8) For development of a cooperative program with the Government of
Russia to eliminate the production of weapons grade plutonium at Russian
reactors, $32,300,000.
(9) For biological weapons proliferation prevention activities in
Russia, $12,000,000.
(10) For activities designated as Other Assessments/Administrative
Support, $1,800,000.
(11) For defense and military contacts, $2,300,000.
(b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR OTHER PURPOSES- No
fiscal year 2000 Cooperative Threat Reduction funds may be obligated or
expended for a purpose other than a purpose listed in paragraphs (1) through
(11) of subsection (a) until 30 days after the date that the Secretary of
Defense submits to Congress a report on the purpose for which the funds will
be obligated or expended and the amount of funds to be obligated or expended.
Nothing in the preceding sentence shall be construed as authorizing the
obligation or expenditure of fiscal year 2000 Cooperative Threat Reduction
funds for a purpose for which the obligation or expenditure of such funds is
specifically prohibited under this title.
(c) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS- (1) Subject to
paragraphs (2) and (3), in any case in which the Secretary of Defense
determines that it is necessary to do so in the national interest, the
Secretary may obligate amounts appropriated for fiscal year 2000 for a purpose
listed in any of the paragraphs in subsection (a) in excess of the amount
specifically authorized for such purpose.
(2) An obligation of funds for a purpose stated in any of the paragraphs
in subsection (a) in excess of the specific amount authorized for such purpose
may be made using the authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification of the intent to do
so together with a complete discussion of the justification for doing so;
and
(B) 15 days have elapsed following the date of the notification.
(3) The Secretary may not, under the authority provided in paragraph (1),
obligate amounts for the purposes stated in any of paragraphs (4) through (6),
(8), (10), or (11) of subsection (a) in excess of 115 percent of the amount
specifically authorized for such purposes.
SEC. 1303. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES.
(a) IN GENERAL- No fiscal year 2000 Cooperative Threat Reduction funds,
and no funds appropriated for Cooperative Threat Reduction programs after the
date of the enactment of this Act, may be obligated or expended for any of the
following purposes:
(1) Conducting with Russia any peacekeeping exercise or other
peacekeeping-related activity.
(2) Provision of housing.
(3) Provision of assistance to promote environmental restoration.
(4) Provision of assistance to promote job retraining.
(b) LIMITATION WITH RESPECT TO DEFENSE CONVERSION ASSISTANCE- None of the
funds appropriated pursuant to the authorization of appropriations in section
301 of this Act, and no funds appropriated to the Department of Defense in any
other Act enacted after the date of the enactment of this Act, may be
obligated or expended for the provision of assistance to Russia or any other
state of the former Soviet Union to promote defense conversion.
(c) LIMITATION WITH RESPECT TO CONVENTIONAL WEAPONS- No fiscal year 2000
Cooperative Threat Reduction funds may be obligated or expended for
elimination of conventional weapons or the delivery vehicles primarily
intended to deliver such weapons.
SEC. 1304. LIMITATIONS ON USE OF FUNDS FOR FISSILE MATERIAL STORAGE FACILITY.
(a) LIMITATIONS ON USE OF FISCAL YEAR 2000 FUNDS- No fiscal year 2000
Cooperative Threat Reduction funds may be used--
(1) for construction of a second wing for the storage facility for
Russian fissile material referred to in section 1302(a)(6); or
(2) for design or planning with respect to such facility until 15 days
after the date that the Secretary of Defense submits to Congress
notification that Russia and the United States have signed a verifiable
written transparency agreement that ensures that material stored at the
facility is of weapons origin.
(b) LIMITATION ON CONSTRUCTION- No funds authorized to be appropriated for
Cooperative Threat Reduction programs may be used for construction of the
storage facility referred to in subsection (a) until the Secretary of Defense
submits to Congress the following:
(1) A certification that additional capacity is necessary at such
facility for storage of Russian weapons-origin fissile material.
(2) A detailed cost estimate for a second wing for the facility.
(3) A certification that Russia and the United States have signed a
verifiable written transparency agreement that ensures that material stored
at the facility is of weapons origin.
SEC. 1305. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS DESTRUCTION.
No fiscal year 2000 Cooperative Threat Reduction funds, and no funds
appropriated for Cooperative Threat Reduction programs after the date of the
enactment of this Act, may be obligated or expended for planning, design, or
construction of a chemical weapons destruction facility in Russia.
SEC. 1306. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF REPORT.
Not more than 50 percent of the fiscal year 2000 Cooperative Threat
Reduction funds may be obligated or expended until the Secretary of Defense
submits to Congress a report describing--
(1) with respect to each purpose listed in section 1302, whether the
Department of Defense is the appropriate executive agency to carry out
Cooperative Threat Reduction programs for such purpose, and if so, why;
and
(2) for any purpose that the Secretary determines is not appropriately
carried out by the Department of Defense, a plan for migrating
responsibility for carrying out such purpose to the appropriate
agency.
SEC. 1307. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF MULTIYEAR PLAN.
Not more than ten percent of fiscal year 2000 Cooperative Threat Reduction
funds may be obligated or expended until the Secretary of Defense submits to
Congress an updated version of the multiyear plan for fiscal year 2000
required to be submitted under section 1205 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 22 U.S.C. 5952
note).
SEC. 1308. REQUIREMENT TO SUBMIT REPORT.
Not later than December 31, 1999, the Secretary of Defense shall submit to
Congress a report including--
(1) an explanation of the strategy of the Department of Defense for
encouraging States of the former Soviet Union that receive funds through
Cooperative Threat Reduction programs to contribute financially to the
threat reduction effort;
(2) a prioritization of the projects carried out by the Department of
Defense under Cooperative Threat Reduction programs;
(3) an identification of any limitations that the United States has
imposed or will seek to impose, either unilaterally or through negotiations
with recipient States, on the level of assistance provided by the United
States for each of such projects; and
(4) an identification of the amount of international financial
assistance provided for Cooperative Threat Reduction programs by other
States.
SEC. 1309. REPORT ON EXPANDED THREAT REDUCTION INITIATIVE.
Not later than March 31, 2000, the President shall submit to Congress a
report on the Expanded Threat Reduction Initiative. Such report shall include
a description of the plans for ensuring effective coordination between
executive agencies in carrying out the Expanded Threat Reduction Initiative to
minimize duplication of efforts.
SEC. 1310. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF CERTIFICATION.
No funds appropriated for fiscal year 1999 for Cooperative Threat
Reduction programs and remaining available for obligation or expenditure may
be obligated or expended for assistance for any country under a Cooperative
Threat Reduction Program until the President resubmits to Congress an updated
certification under section 1203(d) of the Cooperative Threat Reduction Act of
1993 (title XII of Public Law 103-160; 22 U.S.C. 5952(d)), section 1412(d) of
the Former Soviet Union Demilitarization Act of 1992 (title XIV of Public Law
102-484; 22 U.S.C. 5902(d)), and section 502 of the Freedom for Russia and
Emerging Eurasian Democracies and Open Markets Support Act of 1992 (Public Law
102-511; 22 U.S.C. 5852).
SEC. 1311. PERIOD COVERED BY ANNUAL REPORT ON ACCOUNTING FOR UNITED STATES
ASSISTANCE UNDER COOPERATIVE THREAT REDUCTION PROGRAMS.
Section 1206(a)(2) of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 471; 22 U.S.C. 5955 note) is amended
to read as follows:
`(2) The report shall be submitted under this section not later than
January 31 of each year and shall cover the fiscal year ending in the
preceding calendar year. No report is required under this section after the
completion of the Cooperative Threat Reduction programs.'.
SEC. 1312. RUSSIAN NONSTRATEGIC NUCLEAR ARMS.
(a) SENSE OF CONGRESS- It is the sense of Congress that--
(1) it is in the interest of Russia to fully implement the Presidential
Nuclear Initiatives announced in 1991 and 1992 by then-President of the
Soviet Union Gorbachev and then-President of Russia Yeltsin;
(2) the President of the United States should call on Russia to match
the unilateral reductions in the United States inventory of tactical nuclear
weapons, which have reduced the inventory by nearly 90 percent; and
(3) if the re-certification under section 1310 is made, the President
should emphasize the continued interest of the United States in working
cooperatively with Russia to reduce the dangers associated with Russia's
tactical nuclear arsenal.
(b) ANNUAL REPORTING REQUIREMENT- (1) Each annual report on accounting for
United States assistance under Cooperative Threat Reduction programs that is
submitted to Congress under section 1206 of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 471; 22 U.S.C. 5955
note) after fiscal year 1999 shall include, regarding Russia's arsenal of
tactical nuclear warheads, the following:
(A) Estimates regarding current types, numbers, yields, viability,
locations, and deployment status of the warheads.
(B) An assessment of the strategic relevance of the warheads.
(C) An assessment of the current and projected threat of theft, sale, or
unauthorized use of the warheads.
(D) A summary of past, current, and planned United States efforts to
work cooperatively with Russia to account for, secure, and reduce Russia's
stockpile of tactical nuclear warheads and associated fissile
material.
(2) The Secretary of Defense shall include in the annual report described
in paragraph (1) the views on the report provided under subsection (c).
(c) VIEWS OF THE DIRECTOR OF CENTRAL INTELLIGENCE- The Director of Central
Intelligence shall submit to the Secretary of Defense, for inclusion as an
appendix in the annual report described in subsection (b), the Director's
views on the matters described in paragraph (1) of that subsection regarding
Russia's tactical nuclear weapons.
TITLE XIV--PROLIFERATION AND EXPORT CONTROLS
Sec. 1401. Adherence of People's Republic of China to Missile Technology
Control Regime.
Sec. 1402. Annual report on transfers of militarily sensitive technology to
countries and entities of concern.
Sec. 1403. Resources for export license functions.
Sec. 1404. Security in connection with satellite export licensing.
Sec. 1405. Reporting of technology transmitted to People's Republic of China
and of foreign launch security violations.
Sec. 1406. Report on national security implications of exporting
high-performance computers to the People's Republic of China.
Sec. 1407. End-use verification for use by People's Republic of China of
high-performance computers.
Sec. 1408. Enhanced multilateral export controls.
Sec. 1409. Enhancement of activities of Defense Threat Reduction Agency.
Sec. 1410. Timely notification of licensing decisions by the Department of
State.
Sec. 1411. Enhanced intelligence consultation on satellite license
applications.
Sec. 1412. Investigations of violations of export controls by United States
satellite manufacturers.
SEC. 1401. ADHERENCE OF PEOPLE'S REPUBLIC OF CHINA TO MISSILE TECHNOLOGY
CONTROL REGIME.
(a) SENSE OF CONGRESS- It is the sense of Congress that--
(1) the President should take all actions appropriate to obtain a
bilateral agreement with the People's Republic of China to adhere to the
Missile Technology Control Regime (MTCR) and the MTCR Annex; and
(2) the People's Republic of China should not be permitted to join the
Missile Technology Control Regime as a member without having--
(A) agreed to the Missile Technology Control Regime and the specific
provisions of the MTCR Annex;
(B) demonstrated a sustained and verified record of performance with
respect to the nonproliferation of missiles and missile technology;
and
(C) adopted an effective export control system for implementing
guidelines under the Missile Technology Control Regime and the MTCR
Annex.
(b) REPORT REQUIRED- Not later than January 31, 2000, the President shall
transmit to Congress a report explaining--
(1) the policy and commitments that the People's Republic of China has
stated on its adherence to the Missile Technology Control Regime and the
MTCR Annex;
(2) the degree to which the People's Republic of China is complying with
its stated policy and commitments on adhering to the Missile Technology
Control Regime and the MTCR Annex; and
(3) actions taken by the United States to encourage the People's
Republic of China to adhere to the Missile Technology Control Regime and the
MTCR Annex.
(c) DEFINITIONS- In this section:
(1) MISSILE TECHNOLOGY CONTROL REGIME- The term `Missile Technology
Control Regime' means the policy statement, between the United States, the
United Kingdom, the Federal Republic of Germany, France, Italy, Canada, and
Japan, announced April 16, 1987, to restrict sensitive missile-relevant
transfers based on the MTCR Annex, and any amendments thereto.
(2) MTCR ANNEX- The term `MTCR Annex' means the Guidelines and Equipment
and Technology Annex of the Missile Technology Control Regime, and any
amendments thereto.
SEC. 1402. ANNUAL REPORT ON TRANSFERS OF MILITARILY SENSITIVE TECHNOLOGY TO
COUNTRIES AND ENTITIES OF CONCERN.
(a) ANNUAL REPORT- Not later than March 30 of each year beginning in the
year 2000 and ending in the year 2007, the President shall transmit to
Congress a report on transfers to countries and entities of concern during the
preceding calendar year of the most significant categories of United States
technologies and technical information with potential military
applications.
(b) CONTENTS OF REPORT- The report required by subsection (a) shall
include, at a minimum, the following:
(1) An assessment by the Director of Central Intelligence of efforts by
countries and entities of concern to acquire technologies and technical
information referred to in subsection (a) during the preceding calendar
year.
(2) An assessment by the Secretary of Defense, in consultation with the
Joint Chiefs of Staff and the Director of Central Intelligence, of the
cumulative impact of licenses granted by the United States for exports of
technologies and technical information referred to in subsection (a) to
countries and entities of concern during the preceding 5-calendar year
period on--
(A) the military capabilities of such countries and entities;
and
(B) countermeasures that may be necessary to overcome the use of such
technologies and technical information.
(3) An audit by the Inspectors General of the Departments of Defense,
State, Commerce, and Energy, in consultation with the Director of Central
Intelligence and the Director of the Federal Bureau of Investigation, of the
policies and procedures of the United States Government with respect to the
export of technologies and technical information referred to in subsection
(a) to countries and entities of concern.
(c) ADDITIONAL REQUIREMENT FOR FIRST REPORT- The first annual report
required by subsection (a) shall include an assessment by the Inspectors
General of the Departments of State, Defense, Commerce, and the Treasury and
the Inspector General of the Central Intelligence Agency of the adequacy of
current export controls and counterintelligence measures to protect against
the acquisition by countries and entities of concern of United States
technology and technical information referred to in subsection (a).
(d) SUPPORT OF OTHER AGENCIES- Upon the request of the officials
responsible for preparing the assessments required by subsection (b), the
heads of other departments and agencies shall make available to those
officials all information necessary to carry out the requirements of this
section.
(e) CLASSIFIED AND UNCLASSIFIED REPORTS- Each report required by this
section shall be submitted in classified form and unclassified form.
(f) DEFINITION- As used in this section, the term `countries and entities
of concern' means--
(1) any country the government of which the Secretary of State has
determined, for purposes of section 6(j) of the Export Administration Act of
1979 or other applicable law, to have repeatedly provided support for acts
of international terrorism;
(A) has detonated a nuclear explosive device (as defined in section
830(4) of the Nuclear Proliferation Prevention Act of 1994 (22 U.S.C. 3201
note)); and
(B) is not a member of the North Atlantic Treaty Organization;
and
(A) is engaged in international terrorism or activities in preparation
thereof; or
(B) is directed or controlled by the government of a country described
in paragraph (1) or (2).
SEC. 1403. RESOURCES FOR EXPORT LICENSE FUNCTIONS.
(a) OFFICE OF DEFENSE TRADE CONTROLS-
(1) IN GENERAL- The Secretary of State shall take the necessary steps to
ensure that, in any fiscal year, adequate resources are allocated to the
functions of the Office of Defense Trade Controls of the Department of State
relating to the review and processing of export license applications so as
to ensure that those functions are performed in a thorough and timely
manner.
(2) AVAILABILITY OF EXISTING APPROPRIATIONS- The Secretary of State
shall take the necessary steps to ensure that those funds made available
under the heading `Administration of Foreign Affairs, Diplomatic and
Consular Programs' in title IV of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act, 1999, as
contained in the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 (Public Law 105-277) are made available, upon the
enactment of this Act, to the Office of Defense Trade Controls of the
Department of State to carry out the purposes of the Office.
(b) DEFENSE THREAT REDUCTION AGENCY- The Secretary of Defense shall take
the necessary steps to ensure that, in any fiscal year, adequate resources are
allocated to the functions of the Defense Threat Reduction Agency of the
Department of Defense relating to the review of export license applications so
as to ensure that those functions are performed in a thorough and timely
manner.
(c) UPDATING OF STATE DEPARTMENT REPORT- Not later than March 1, 2000, the
Secretary of State, in consultation with the Secretary of Defense and the
Secretary of Commerce, shall transmit to Congress a report updating the
information reported to Congress under section 1513(d)(3) of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999 (22 U.S.C.
2778 note).
SEC. 1404. SECURITY IN CONNECTION WITH SATELLITE EXPORT LICENSING.
As a condition of the export license for any satellite to be launched in a
country subject to section 1514 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (22 U.S.C. 2778 note), the Secretary of
State shall require the following:
(1) That the technology transfer control plan required by section
1514(a)(1) of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (22 U.S.C. 2778 note) be prepared by the Department of
Defense and the licensee, and that the plan set forth enhanced security
arrangements for the launch of the satellite, both before and during launch
operations.
(2) That each person providing security for the launch of that
satellite--
(A) report directly to the launch monitor with regard to issues
relevant to the technology transfer control plan;
(B) have received appropriate training in the International
Trafficking in Arms Regulations (hereafter in this title referred to as
`ITAR').
(C) have significant experience and expertise with satellite launches;
and
(D) have been investigated in a manner at least as comprehensive as
the investigation required for the issuance of a security clearance at the
level designated as `Secret'.
(3) That the number of such persons providing security for the launch of
the satellite shall be sufficient to maintain 24-hour security of the
satellite and related launch vehicle and other sensitive technology.
(4) That the licensee agree to reimburse the Department of Defense for
all costs associated with the provision of security for the launch of the
satellite.
SEC. 1405. REPORTING OF TECHNOLOGY TRANSMITTED TO PEOPLE'S REPUBLIC OF CHINA
AND OF FOREIGN LAUNCH SECURITY VIOLATIONS.
(a) MONITORING OF INFORMATION- The Secretary of Defense shall require that
space launch monitors of the Department of Defense assigned to monitor
launches in the People's Republic of China maintain records of all information
authorized to be transmitted to the People's Republic of China with regard to
each space launch that the monitors are responsible for monitoring, including
copies of any documents authorized for such transmission, and reports on
launch-related activities.
(b) TRANSMISSION TO OTHER AGENCIES- The Secretary of Defense shall ensure
that records under subsection (a) are transmitted on a current basis to
appropriate elements of the Department of Defense and to the Department of
State, the Department of Commerce, and the Central Intelligence Agency.
(c) RETENTION OF RECORDS- Records described in subsection (a) shall be
retained for at least the period of the statute of limitations for violations
of the Arms Export Control Act.
(d) GUIDELINES- The Secretary of Defense shall prescribe guidelines
providing space launch monitors of the Department of Defense with the
responsibility and the ability to report serious security violations,
problems, or other issues at an overseas launch site directly to the
headquarters office of the responsible Department of Defense component.
SEC. 1406. REPORT ON NATIONAL SECURITY IMPLICATIONS OF EXPORTING
HIGH-PERFORMANCE COMPUTERS TO THE PEOPLE'S REPUBLIC OF CHINA.
(a) REVIEW- The President, in consultation with the Secretary of Defense
and the Secretary of Energy, shall conduct a comprehensive review of the
national security implications of exporting high-performance computers to the
People's Republic of China. To the extent that such testing has not already
been conducted by the Government, the President, as part of the review, shall
conduct empirical testing of the extent to which national security-related
operations can be performed using clustered, massively-parallel processing or
other combinations of computers.
(b) REPORT- The President shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House of
Representatives a report on the results of the review conducted under
subsection (a). The report shall be submitted not later than 6 months after
the date of the enactment of this Act in classified and unclassified form and
shall be updated not later than February 1 of each of the years 2001 through
2004.
SEC. 1407. END-USE VERIFICATION FOR USE BY PEOPLE'S REPUBLIC OF CHINA OF
HIGH-PERFORMANCE COMPUTERS.
(a) REVISED HPC VERIFICATION SYSTEM- The President shall seek to enter
into an agreement with the People's Republic of China to revise the existing
verification system with the People's Republic of China with respect to
end-use verification for high-performance computers exported or to be exported
to the People's Republic of China so as to provide for an open and transparent
system providing for effective end-use verification for such computers. The
President shall transmit a copy of any such agreement to Congress.
(b) DEFINITION- As used in this section and section 1406, the term
`high-performance computer' means a computer which, by virtue of its composite
theoretical performance level, would be subject to section 1211 of the
National Defense Authorization Act for Fiscal Year 1998 (50 U.S.C. App. 2404
note).
(c) ADJUSTMENT OF COMPOSITE THEORETICAL PERFORMANCE LEVELS FOR
POST-SHIPMENT VERIFICATION- Section 1213 of the National Defense Authorization
Act for Fiscal Year 1998 (50 U.S.C. App. 2404 note) is amended by adding at
the end the following new subsection:
`(e) ADJUSTMENT OF PERFORMANCE LEVELS- Whenever a new composite
theoretical performance level is established under section 1211(d), that level
shall apply for purposes of subsection (a) of this section in lieu of the
level set forth in subsection (a).'.
SEC. 1408. ENHANCED MULTILATERAL EXPORT CONTROLS.
(a) NEW INTERNATIONAL CONTROLS- The President shall seek to establish new
enhanced international controls on technology transfers that threaten
international peace and United States national security.
(b) IMPROVED SHARING OF INFORMATION- The President shall take appropriate
actions to improve the sharing of information by nations that are major
exporters of technology so that the United States can track movements of
technology covered by the Wassenaar Arrangement and enforce technology
controls and re-export requirements for such technology.
(c) DEFINITION- As used in this section, the term `Wassenaar Arrangement'
means the multilateral export control regime covering conventional armaments
and sensitive dual-use goods and technologies that was agreed to by 33
co-founding countries in July 1996 and began operation in September 1996.
SEC. 1409. ENHANCEMENT OF ACTIVITIES OF DEFENSE THREAT REDUCTION AGENCY.
(a) IN GENERAL- Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall prescribe regulations to--
(1) authorize the personnel of the Defense Threat Reduction Agency
(DTRA) who monitor satellite launch campaigns overseas to suspend such
campaigns at any time if the suspension is required for purposes of the
national security of the United States;
(2) ensure that persons assigned as space launch campaign monitors are
provided sufficient training and have adequate experience in the regulations
prescribed by the Secretary of State known as the ITAR and have significant
experience and expertise with satellite technology, launch vehicle
technology, and launch operations technology;
(3) ensure that adequate numbers of such monitors are assigned to space
launch campaigns so that 24-hour, 7-day per week coverage is provided;
(4) take steps to ensure, to the maximum extent possible, the continuity
of service by monitors for the entire space launch campaign period (from
satellite marketing to launch and, if necessary, completion of a launch
failure analysis);
(5) adopt measures designed to make service as a space launch campaign
monitor an attractive career opportunity;
(6) allocate funds and other resources to the Agency at levels
sufficient to prevent any shortfalls in the number of such personnel;
(7) establish mechanisms in accordance with the provisions of section
1514(a)(2)(A) of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2175; 22 U.S.C. 2778 note)
that provide for--
(A) the payment to the Department of Defense by the person or entity
receiving the launch monitoring services concerned, before the beginning
of a fiscal year, of an amount equal to the amount estimated to be
required by the Department to monitor the launch campaigns during that
fiscal year;
(B) the reimbursement of the Department of Defense, at the end of each
fiscal year, for amounts expended by the Department in monitoring the
launch campaigns in excess of the amount provided under subparagraph (A);
and
(C) the reimbursement of the person or entity receiving the launch
monitoring services if the amount provided under subparagraph (A) exceeds
the amount actually expended by the Department of Defense in monitoring
the launch campaigns;
(8) review and improve guidelines on the scope of permissible
discussions with foreign persons regarding technology and technical
information, including the technology and technical information that should
not be included in such discussions;
(9) provide, in conjunction with other Federal agencies, on at least an
annual basis, briefings to the officers and employees of United States
commercial satellite entities on United States export license standards,
guidelines, and restrictions, and encourage such officers and employees to
participate in such briefings;
(10) establish a system for--
(A) the preparation and filing by personnel of the Agency who monitor
satellite launch campaigns overseas of detailed reports of all relevant
activities observed by such personnel in the course of monitoring such
campaigns;
(B) the systematic archiving of reports filed under subparagraph (A);
and
(C) the preservation of such reports in accordance with applicable
laws; and
(11) establish a counterintelligence program within the Agency as part
of its satellite launch monitoring program.
(b) ANNUAL REPORT ON IMPLEMENTATION OF SATELLITE TECHNOLOGY SAFEGUARDS-
(1) The Secretary of Defense and the Secretary of State shall each submit to
Congress each year, as part of the annual report for that year under section
1514(a)(8) of the Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999, the following:
(A) A summary of the satellite launch campaigns and related activities
monitored by the Defense Threat Reduction Agency during the preceding fiscal
year.
(B) A description of any license infractions or violations that may have
occurred during such campaigns and activities.
(C) A description of the personnel, funds, and other resources dedicated
to the satellite launch monitoring program of the Agency during that fiscal
year.
(D) An assessment of the record of United States satellite makers in
cooperating with Agency monitors, and in complying with United States export
control laws, during that fiscal year.
(2) Each report under paragraph (1) shall be submitted in classified form
and unclassified form.
SEC. 1410. TIMELY NOTIFICATION OF LICENSING DECISIONS BY THE DEPARTMENT OF
STATE.
Not later than 180 days after the date of the enactment of this Act, the
Secretary of State shall prescribe regulations to provide timely notice to the
manufacturer of a commercial satellite of United States origin of the final
determination of the decision on the application for a license involving the
overseas launch of such satellite.
SEC. 1411. ENHANCED INTELLIGENCE CONSULTATION ON SATELLITE LICENSE
APPLICATIONS.
(a) CONSULTATION DURING REVIEW OF APPLICATIONS- The Secretary of State and
Secretary of Defense, as appropriate, shall consult with the Director of
Central Intelligence during the review of any application for a license
involving the overseas launch of a commercial satellite of United States
origin. The purpose of the consultation is to assure that the launch of the
satellite, if the license is approved, will meet the requirements necessary to
protect the national security interests of the United States.
(b) ADVISORY GROUP- (1) The Director of Central Intelligence shall
establish within the intelligence community an advisory group to provide
information and analysis to Congress, and to appropriate departments and
agencies of the Federal Government, on the national security implications of
granting licenses involving the overseas launch of commercial satellites of
United States origin.
(2) The advisory group shall include technically-qualified representatives
of the Central Intelligence Agency, the Defense Intelligence Agency, the
National Security Agency, the National Air Intelligence Center, and the
Department of State Bureau of Intelligence and Research and representatives of
other elements of the intelligence community with appropriate expertise.
(3) In addition to the duties under paragraph (1), the advisory group
shall--
(A) review, on a continuing basis, information relating to transfers of
satellite, launch vehicle, or other technology or knowledge with respect to
the course of the overseas launch of commercial satellites of United States
origin; and
(B) analyze the potential impact of such transfers on the space and
military systems, programs, or activities of foreign countries.
(4) The Director of the Nonproliferation Center of the Central
Intelligence Agency shall serve as chairman of the advisory group.
(5)(A) The advisory group shall, upon request (but not less often than
annually), submit reports on the matters referred to in paragraphs (1) and (3)
to the appropriate committees of Congress and to appropriate departments and
agencies of the Federal Government.
(B) The first annual report under subparagraph (A) shall be submitted not
later than one year after the date of the enactment of this Act.
(c) INTELLIGENCE COMMUNITY DEFINED- In this section, the term
`intelligence community' has the meaning given that term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
SEC. 1412. INVESTIGATIONS OF VIOLATIONS OF EXPORT CONTROLS BY UNITED STATES
SATELLITE MANUFACTURERS.
(a) NOTICE TO CONGRESS OF INVESTIGATIONS- The President shall promptly
notify the appropriate committees of Congress whenever an investigation is
undertaken by the Department of Justice of--
(1) an alleged violation of United States export control laws in
connection with a commercial satellite of United States origin; or
(2) an alleged violation of United States export control laws in
connection with an item controlled under section 38 of the Arms Export
Control Act (22 U.S.C. 2778) that is likely to cause significant harm or
damage to the national security interests of the United States.
(b) NOTICE TO CONGRESS OF CERTAIN EXPORT WAIVERS- The President shall
promptly notify the appropriate committees of Congress whenever an export
waiver pursuant to section 902 of the Foreign Relations Authorization Act,
Fiscal Years 1990 and 1991 (22 U.S.C. 2151 note) is granted on behalf of any
United States person that is the subject of an investigation described in
subsection (a). The notice shall include a justification for the waiver.
(c) EXCEPTION- The requirements in subsections (a) and (b) shall not apply
if the President determines that notification of the appropriate committees of
Congress under such subsections would jeopardize an on-going criminal
investigation. If the President makes such a determination, the President
shall provide written notification of such determination to the Speaker of the
House of Representatives, the majority leader of the Senate, the minority
leader of the House of Representatives, and the minority leader of the Senate.
The notification shall include a justification for the determination.
(d) IDENTIFICATION OF PERSONS SUBJECT TO INVESTIGATION- The Secretary of
State and the Attorney General shall develop appropriate mechanisms to
identify, for the purposes of processing export licenses for commercial
satellites, persons who are the subject of an investigation described in
subsection (a).
(e) PROTECTION OF CLASSIFIED AND OTHER SENSITIVE INFORMATION- The
appropriate committees of Congress shall ensure that appropriate procedures
are in place to protect from unauthorized disclosure classified information,
information relating to intelligence sources and methods, and sensitive law
enforcement information that is furnished to those committees pursuant to this
section.
(f) STATUTORY CONSTRUCTION- Nothing in this section shall be construed to
modify or supersede any other requirement to report information on
intelligence activities to Congress, including the requirement under section
501 of the National Security Act of 1947 (50 U.S.C. 413).
(g) DEFINITIONS- As used in this section:
(1) The term `appropriate committees of Congress' means the
following:
(A) The Committee on Armed Services, the Committee on Foreign
Relations, and the Select Committee on Intelligence of the
Senate.
(B) The Committee on Armed Services, the Committee on International
Relations, and the Permanent Select Committee on Intelligence of the House
of Representatives.
(2) The term `United States person' means any United States resident or
national (other than an individual resident outside the United States and
employed by other than a United States person), any domestic concern
(including any permanent domestic establishment of any foreign concern), and
any foreign subsidiary or affiliate (including any permanent foreign
establishment) of any domestic concern which is controlled in fact by such
domestic concern, as determined under regulations of the President.
TITLE XV--ARMS CONTROL AND COUNTERPROLIFERATION MATTERS
Sec. 1501. Revision to limitation on retirement or dismantlement of strategic
nuclear delivery systems.
Sec. 1502. Sense of Congress on strategic arms reductions.
Sec. 1503. Report on strategic stability under START III.
Sec. 1504. Counterproliferation Program Review Committee.
Sec. 1505. Support of United Nations-sponsored efforts to inspect and monitor
Iraqi weapons activities.
SEC. 1501. REVISION TO LIMITATION ON RETIREMENT OR DISMANTLEMENT OF STRATEGIC
NUCLEAR DELIVERY SYSTEMS.
(a) REVISED LIMITATION- Subsections (a) and (b) of section 1302 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85;
111 Stat. 1948) are amended to read as follows:
`(a) FUNDING LIMITATION- (1) Except as provided in paragraph (2), funds
available to the Department of Defense may not be obligated or expended for
retiring or dismantling, or for preparing to retire or dismantle, any of the
following strategic nuclear delivery systems below the specified levels:
`(A) 76 B-52H bomber aircraft.
`(B) 18 Trident ballistic missile submarines.
`(C) 500 Minuteman III intercontinental ballistic missiles.
`(D) 50 Peacekeeper intercontinental ballistic missiles.
`(2) The limitation in paragraph (1)(B) shall be modified in accordance
with paragraph (3) upon a certification by the President to Congress of the
following:
`(A) That the effectiveness of the United States strategic deterrent
will not be decreased by reductions in strategic nuclear delivery
systems.
`(B) That the requirements of the Single Integrated Operational Plan can
be met with a reduced number of strategic nuclear delivery systems.
`(C) That reducing the number of strategic nuclear delivery systems will
not, in the judgment of the President, provide a disincentive for Russia to
ratify the START II treaty or serve to undermine future arms control
negotiations.
`(D) That the United States will retain the ability to increase the
delivery capacity of its strategic nuclear delivery systems should threats
arise that require more substantial United States strategic forces.
`(3) If the President submits the certification described in paragraph
(2), then the applicable number in effect under paragraph (1)(B)--
`(A) shall be 16 during the period beginning on the date on which such
certification is transmitted to Congress and ending on the date specified in
subparagraph (B); and
`(B) shall be 14 effective as of the date that is 240 days after the
date on which such certification is transmitted.
`(b) WAIVER AUTHORITY- If the START II treaty enters into force, the
President may waive the application of the limitation in effect under
paragraph (1)(B) or (3) of subsection (a), as the case may be, to the extent
that the President determines such a waiver to be necessary in order to
implement the treaty.'.
(b) CONFORMING AMENDMENTS- Such section is further amended--
(1) in subsection (c)(2), by striking `during the strategic delivery
systems retirement limitation period' and inserting `during the fiscal year
during which the START II Treaty enters into force'; and
(2) by striking subsection (g).
SEC. 1502. SENSE OF CONGRESS ON STRATEGIC ARMS REDUCTIONS.
It is the sense of Congress that, in negotiating a START III Treaty with
the Russian Federation, or any other arms control treaty with the Russian
Federation that would require reductions in United States strategic nuclear
forces, that--
(1) the strategic nuclear forces and nuclear modernization programs of
the People's Republic of China and every other nation possessing nuclear
weapons should be taken into full consideration in the negotiation of such
treaty; and
(2) the reductions in United States strategic nuclear forces under such
a treaty should not be to such an extent as to impede the capability of the
United States to respond militarily to any militarily significant increase
in the threat to United States security or strategic stability posed by the
People's Republic of China and any other nation.
SEC. 1503. REPORT ON STRATEGIC STABILITY UNDER START III.
(a) REPORT- Not later than September 1, 2000, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report, to be
prepared in consultation with the Director of Central Intelligence, on the
stability of the future strategic nuclear posture of the United States for
deterring the Russian Federation and other potential nuclear adversaries.
(b) MATTERS TO BE INCLUDED- The Secretary shall, at a minimum, include in
the report the following:
(1) A discussion of the policy defining the deterrence and
military-political objectives of the United States against potential nuclear
adversaries.
(2) A discussion of the military requirements for United States nuclear
forces, the force structure and capabilities necessary to meet those
requirements, and how they relate to the achievement of the objectives
identified under paragraph (1).
(3) A projection of the strategic nuclear force posture of the United
States and the Russian Federation that is anticipated under a further
Strategic Arms Reduction Treaty (referred to as `START III'), and an
explanation of whether and how United States nuclear forces envisioned under
that posture would be capable of meeting the military sufficiency
requirements identified under paragraph (2).
(4) The Secretary's assessment of Russia's nuclear force posture under
START III compared to its present force, including its size, vulnerability,
and capability for launch on tactical warning, and an assessment of whether
strategic stability would be enhanced or diminished under START III,
including any stabilizing and destabilizing factors and possible incentives
or disincentives for Russia to launch a first strike, or otherwise use
nuclear weapons, against the United States in a possible future
crisis.
(5) The Secretary's assessment of the nuclear weapon capabilities of
China and other potential nuclear weapon `rogue' states in the foreseeable
future, and an assessment of the effect of these capabilities on strategic
stability, including their ability and inclination to use nuclear weapons
against the United States in a possible future crisis.
(6) The Secretary's assessment of whether asymmetries between the United
States and Russia, including doctrine, nonstrategic nuclear weapons, and
active and passive defenses, are likely to erode strategic stability in the
foreseeable future.
(7) Any other matters the Secretary believes are important to such a
consideration of strategic stability under future nuclear postures.
(c) CLASSIFICATION- The report shall be submitted in classified form and,
to the extent possible, in unclassified form.
SEC. 1504. COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE.
(a) EXTENSION OF COMMITTEE- Subsection (f) of section 1605 of the National
Defense Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note) is
amended by striking `September 30, 2000' and inserting `September 30,
2004'.
(b) EXECUTIVE SECRETARY OF THE COMMITTEE- Paragraph (5) of subsection (a)
of that section is amended to read as follows:
`(5) The Assistant to the Secretary of Defense for Nuclear and Chemical
and Biological Defense Programs shall serve as executive secretary to the
committee, except that during any period during which that position is vacant
the Assistant Secretary of Defense for Strategy and Threat Reduction shall
serve as the executive secretary.'.
(c) EARLIER DEADLINE FOR ANNUAL REPORT ON COUNTER-PROLIFERATION ACTIVITIES
AND PROGRAMS- Section 1503(a) of the National Defense Authorization Act for
Fiscal Year 1995 (22 U.S.C. 2751 note) is amended by striking `May 1 of each
year' and inserting `February 1 of each year'.
SEC. 1505. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO INSPECT AND MONITOR
IRAQI WEAPONS ACTIVITIES.
(a) LIMITATION ON AMOUNT OF ASSISTANCE IN FISCAL YEAR 2000- The total
amount of the assistance for fiscal year 2000 that is provided by the
Secretary of Defense under section 1505 of the Weapons of Mass Destruction
Control Act of 1992 (22 U.S.C. 5859a) as activities of the Department of
Defense in support of activities under that Act may not exceed $15,000,000.
(b) EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE- Subsection (f) of
section 1505 of the Weapons of Mass Destruction Control Act of 1992 (22 U.S.C.
5859a) is amended by striking `1999' and inserting `2000'.
(c) REFERENCES TO UNITED NATIONS SPECIAL COMMISSION ON IRAQ AND TO FISCAL
LIMITATIONS- (1) Subsection (b)(2) of such section is amended by inserting
`(or any successor organization)' after `United Nations Special Commission on
Iraq'.
(2) Subsection (d)(4) of such section is amended--
(A) in the first sentence of subparagraph (A)--
(i) by inserting `(or any successor organization)' after `United
Nations Special Commission on Iraq'; and
(ii) by striking `the amount specified with respect to that year under
paragraph (3),' and all that follows and inserting `the amount of any
limitation provided by law on the total amount of such assistance for that
fiscal year, the Secretary of Defense may provide such assistance with
respect to that fiscal year notwithstanding that limitation.';
and
(B) in subparagraph (B), by striking `under paragraph (3)'.
TITLE XVI--NATIONAL SECURITY SPACE MATTERS
Subtitle A--Space Technology Guide; Reports
Sec. 1601. Space technology guide.
Sec. 1602. Report on vulnerabilities of United States space assets.
Sec. 1603. Report on space launch failures.
Sec. 1604. Report on Air Force space launch facilities.
Subtitle B--Commercial Space Launch Services
Sec. 1611. Sense of Congress regarding United States-Russian cooperation in
commercial space launch services.
Sec. 1612. Sense of Congress concerning United States commercial space launch
capacity.
Subtitle C--Commission To Assess United States National Security Space
Management and Organization
Sec. 1621. Establishment of commission.
Sec. 1622. Duties of commission.
Sec. 1623. Report.
Sec. 1624. Assessment by the Secretary of Defense.
Sec. 1625. Powers.
Sec. 1626. Commission procedures.
Sec. 1627. Personnel matters.
Sec. 1628. Miscellaneous administrative provisions.
Sec. 1629. Funding.
Sec. 1630. Termination of the commission.
Subtitle A--Space Technology Guide; Reports
SEC. 1601. SPACE TECHNOLOGY GUIDE.
(a) REQUIREMENT- The Secretary of Defense shall develop a detailed guide
for investment in space science and technology, demonstrations of space
technology, and planning and development for space technology systems. In the
development of the guide, the goal shall be to identify the technologies and
technology demonstrations needed for the United States to take full advantage
of use of space for national security purposes.
(b) RELATIONSHIP TO FUTURE-YEARS DEFENSE PROGRAM- The space technology
guide shall include two alternative technology paths. One shall be consistent
with the applicable funding limitations associated with the future-years
defense program. The other shall reflect the assumption that it is not
constrained by funding limitations.
(c) RELATIONSHIP TO ACTIVITIES OUTSIDE THE DEPARTMENT OF DEFENSE- The
Secretary shall include in the guide a discussion of the potential for
cooperative investment and technology development with other departments and
agencies of the United States and with private sector entities.
(d) MICRO-SATELLITE TECHNOLOGY DEVELOPMENT PLAN- The Secretary shall
include in the guide a micro-satellite technology development plan to guide
investment decisions in micro-satellite technology and to establish priorities
for technology demonstration activities.
(e) USE OF PREVIOUS STUDIES AND REPORTS- In the development of the guide,
the Secretary shall take into consideration previously completed studies and
reports that may be relevant to the development of the guide, including the
following:
(1) The Space Control Technology Plan of 1999 of the Department of
Defense.
(2) The Long Range Plan of March 1998 of the United States Space
Command.
(3) The Strategic Master Plan of December 1997 of the Air Force Space
Command.
(f) REPORT- Not later than April 15, 2000, the Secretary shall submit a
report on the space technology guide to the congressional defense
committees.
SEC. 1602. REPORT ON VULNERABILITIES OF UNITED STATES SPACE ASSETS.
Not later than March 1, 2000, the Secretary of Defense shall submit to the
Committee on Armed Services of the House of Representatives and the Committee
on Armed Services of the Senate a report, prepared in consultation with the
Director of Central Intelligence, on the current and potential vulnerabilities
of United States national security and commercial space assets. The report
shall be submitted in classified and unclassified form. The report shall
include--
(1) an assessment of the military significance of the vulnerabilities
identified in the report;
(2) an assessment of the significance of space debris; and
(3) an assessment of the manner in which the vulnerabilities identified
in the report could affect United States space launch policy and spacecraft
design.
SEC. 1603. REPORT ON SPACE LAUNCH FAILURES.
(a) REPORT REQUIRED- The Secretary of Defense shall submit to the
President and the specified congressional committees a report on the factors
involved in the three recent failures of the Titan IV space launch vehicle and
the systemic and management reforms that the Secretary is implementing to
minimize future failures of that vehicle and future launch systems. The report
shall be submitted not later than February 15, 2000. The Secretary shall
include in the report all information from the reviews of those failures
conducted by the Secretary of the Air Force and launch contractors.
(b) MATTERS TO BE INCLUDED- The report shall include the following
information:
(1) An explanation for the failure of a Titan IVA launch vehicle on
August 12, 1998, the failure of a Titan IVB launch vehicle on April 9, 1999,
and the failure of a Titan IVB launch vehicle on April 30, 1999, as well as
any information from civilian launches which may provide information on
systemic problems in current Department of Defense launch systems,
including, in addition to a detailed technical explanation and summary of
financial costs for each such failure, a one-page summary for each such
failure indicating any commonality between that failure and other military
or civilian launch failures.
(2) A review of management and engineering responsibility for the Titan,
Inertial Upper Stage, and Centaur systems, with an explanation of the
respective roles of the Government and the private sector in ensuring
mission success and identification of the responsible party (Government or
private sector) for each major stage in production and launch of the
vehicles.
(3) A list of all contractors and subcontractors for each of the Titan,
Inertial Upper Stage, and Centaur systems and their responsibilities and
five-year records for meeting program requirements.
(4) A comparison of the practices of the Department of Defense, the
National Aeronautics and Space Administration, and the commercial launch
industry regarding the management and oversight of the procurement and
launch of expendable launch vehicles.
(5) An assessment of whether consolidation in the aerospace industry has
affected mission success, including whether cost-saving efforts are having
an effect on quality and whether experienced workers are being replaced by
less experienced workers for cost-saving purposes.
(6) Recommendations on how Government contracts with launch service
companies could be improved to protect the taxpayer, together with the
Secretary's assessment of whether the withholding of award and incentive
fees is a sufficient incentive to hold contractors to the highest possible
quality standards and the Secretary's overall evaluation of the award fee
system.
(7) A short summary of what went wrong technically and managerially in
each launch failure and what specific steps are being taken by the
Department of Defense and space launch contractors to ensure that those
errors do not reoccur.
(8) An assessment of the role of the Department of Defense in the
management and technical oversight of the launches that failed and whether
the Department of Defense, in that role, contributed to the failures.
(9) An assessment of the effect of the launch failures on the schedule
for Titan launches, on the schedule for development and first launch of the
Evolved Expendable Launch Vehicle, and on the ability of industry to meet
Department of Defense requirements.
(10) An assessment of the impact of the launch failures on assured
access to space by the United States, and a consideration of means by which
access to space by the United States can be better assured.
(11) An assessment of any systemic problems that may exist at the
eastern launch range, whether these problems contributed to the launch
failures, and what means would be most effective in addressing these
problems.
(12) An assessment of the potential benefits and detriments of launch
insurance and the impact of such insurance on the estimated net cost of
space launches.
(13) A review of the responsibilities of the Department of Defense and
industry representatives in the launch process, an examination of the
incentives of the Department and industry representatives throughout the
launch process, and an assessment of whether the incentives are appropriate
to maximize the probability that launches will be timely and
successful.
(14) Any other observations and recommendations that the Secretary
considers relevant.
(c) INTERIM REPORT- Not later than December 15, 1999, the Secretary shall
submit to the specified congressional committees an interim report on the
progress in the preparation of the report required by this section, including
progress with respect to each of the matters required to be included in the
report under subsection (b).
(d) SPECIFIED CONGRESSIONAL COMMITTEES- For purposes of this section, the
term `specified congressional committees' means the following:
(1) The Committee on Armed Services, the Select Committee on
Intelligence, and the Committee on Appropriations of the Senate.
(2) The Committee on Armed Services, the Permanent Select Committee on
Intelligence, and the Committee on Appropriations of the House of
Representatives.
SEC. 1604. REPORT ON AIR FORCE SPACE LAUNCH FACILITIES.
(a) STUDY OF SPACE LAUNCH RANGES AND REQUIREMENTS- The Secretary of
Defense shall, using the Defense Science Board of the Department of Defense,
conduct a study--
(1) to assess anticipated military, civil, and commercial space launch
requirements;
(2) to examine the technical shortcomings at the space launch
ranges;
(3) to evaluate current and future oversight and range safety
arrangements at the space launch ranges; and
(4) to estimate future funding requirements for space launch ranges
capable of meeting both national security space launch needs and civil and
commercial space launch needs.
(b) REPORT- Not later than February 15, 2000, the Secretary shall submit
to the congressional defense committees a report containing the results of the
study.
Subtitle B--Commercial Space Launch Services
SEC. 1611. SENSE OF CONGRESS REGARDING UNITED STATES-RUSSIAN COOPERATION IN
COMMERCIAL SPACE LAUNCH SERVICES.
It is the sense of Congress that--
(1) the United States should demand full and complete cooperation from
the Government of the Russian Federation on preventing the illegal transfer
from Russia to Iran or any other country of any prohibited fissile material
or ballistic missile equipment or any technology necessary for the
acquisition or development by the recipient country of any nuclear weapon or
ballistic missile;
(2) the United States should take every appropriate measure necessary to
encourage the Government of the Russian Federation to seek out and prevent
the illegal transfer from Russia to Iran or any other country of any
prohibited fissile material or ballistic missile equipment or any technology
necessary for the acquisition or development by the recipient country of any
nuclear weapon or ballistic missile;
(3) the United States Government decision to increase the quantitative
limitations applicable to commercial space launch services provided by
Russian space launch providers, based upon a serious commitment by the
Government of the Russian Federation to seek out and prevent the illegal
transfer from Russia to Iran or any other country of any prohibited
ballistic missile equipment or any technology necessary for the acquisition
or development by the recipient country of any ballistic missile, should
facilitate greater cooperation between the United States and the Russian
Federation on nonproliferation matters; and
(4) any possible future consideration of modifying such limitations
should be conditioned on a continued serious commitment by the Government of
the Russian Federation to preventing such illegal transfers.
SEC. 1612. SENSE OF CONGRESS CONCERNING UNITED STATES COMMERCIAL SPACE LAUNCH
CAPACITY.
(a) SENSE OF CONGRESS CONCERNING UNITED STATES COMMERCIAL SPACE LAUNCH
CAPACITY- It is the sense of Congress that Congress and the President should
work together to stimulate and encourage the expansion of a commercial space
launch capacity in the United States, including by taking actions to eliminate
legal or regulatory barriers to long-term competitiveness of the United States
commercial space launch industry.
(b) SENSE OF CONGRESS CONCERNING POLICY OF PERMITTING EXPORT OF COMMERCIAL
SATELLITES TO PEOPLE'S REPUBLIC OF CHINA FOR LAUNCH- It is the sense of
Congress that Congress and the President should--
(1) reexamine the current United States policy of permitting the export
of commercial satellites of United States origin to the People's Republic of
China for launch;
(2) review the advantages and disadvantages of phasing out that policy,
including in that review advantages and disadvantages identified by
Congress, the executive branch, the United States satellite industry, the
United States space launch industry, the United States telecommunications
industry, and other interested persons; and
(3) if the phase out of that policy is adopted, permit the export of a
commercial satellite of United States origin for launch in the People's
Republic of China only if--
(A) the launch is licensed as of the commencement of the phase out of
that policy; and
(B) additional actions under section 1514 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public Law
105-261; 112 Stat. 2175; 22 U.S.C. 2778 note) are taken to minimize the
transfer of technology to the People's Republic of China during the course
of the launch.
Subtitle C--Commission To Assess United States National Security Space
Management and Organization
SEC. 1621. ESTABLISHMENT OF COMMISSION.
(a) ESTABLISHMENT- There is hereby established a commission known as the
Commission To Assess United States National Security Space Management and
Organization (in this subtitle referred to as the `Commission').
(b) COMPOSITION- The Commission shall be composed of 13 members appointed
as follows:
(1) Four members shall be appointed by the chairman of the Committee on
Armed Services of the Senate.
(2) Four members shall be appointed by the chairman of the Committee on
Armed Services of the House of Representatives.
(3) Three members shall be appointed jointly by the ranking minority
member of the Committee on Armed Services of the Senate and the ranking
minority member of the Committee on Armed Services of the House of
Representatives.
(4) Two members shall be appointed by the Secretary of Defense, in
consultation with the Director of Central Intelligence.
(c) QUALIFICATIONS- Members of the Commission shall be appointed from
among private citizens of the United States who have knowledge and expertise
in the areas of national security space policy, programs, organizations, and
future national security concepts.
(d) CHAIRMAN- The chairman of the Committee on Armed Services of the
Senate, after consultation with the chairman of the Armed Services Committee
of the House of Representatives and the ranking minority members of the
Committees on Armed Services of the House of Representatives and the Senate,
shall designate one of the members of the Commission to serve as chairman of
the Commission.
(e) PERIOD OF APPOINTMENT; VACANCIES- Members shall be appointed for the
life of the Commission. Any vacancy in the Commission shall be filled in the
same manner as the original appointment.
(f) SECURITY CLEARANCES- All members of the Commission shall hold
appropriate security clearances.
(g) INITIAL ORGANIZATION REQUIREMENTS- (1) All appointments to the
Commission shall be made not later than 90 days after the date of the
enactment of this Act.
(2) The Commission shall convene its first meeting not later than 60 days
after the date as of which all members of the Commission have been appointed,
but not earlier than October 15, 1999.
SEC. 1622. DUTIES OF COMMISSION.
(a) ASSESSMENT OF UNITED STATES NATIONAL SECURITY SPACE MANAGEMENT AND
ORGANIZATION- The Commission shall, concerning changes to be implemented over
the near-term, medium-term, and long-term that would strengthen United States
national security, assess the following:
(1) The manner in which military space assets may be exploited to
provide support for United States military operations.
(2) The current interagency coordination process regarding the operation
of national security space assets, including identification of
interoperability and communications issues.
(3) The relationship between the intelligence and nonintelligence
aspects of national security space (so-called `white space' and `black
space'), and the potential costs and benefits of a partial or complete
merger of the programs, projects, or activities that are differentiated by
those two aspects.
(4) The manner in which military space issues are addressed by
professional military education institutions.
(5) The potential costs and benefits of establishing any of the
following:
(A) An independent military department and service dedicated to the
national security space mission.
(B) A corps within the Air Force dedicated to the national security
space mission.
(C) A position of Assistant Secretary of Defense for Space within the
Office of the Secretary of Defense.
(D) A new major force program, or other budget mechanism, for managing
national security space funding within the Department of Defense.
(E) Any other change to the existing organizational structure of the
Department of Defense for national security space management and
organization.
(b) COOPERATION FROM GOVERNMENT OFFICIALS- In carrying out its duties, the
Commission should receive the full and timely cooperation of the Secretary of
Defense, the Director of Central Intelligence, and any other United States
Government official responsible for providing the Commission with analyses,
briefings, and other information necessary for the fulfillment of its
responsibilities.
SEC. 1623. REPORT.
The Commission shall, not later than six months after the date of its
first meeting, submit to Congress and to the Secretary of Defense a report on
its findings and conclusions.
SEC. 1624. ASSESSMENT BY THE SECRETARY OF DEFENSE.
The Secretary of Defense shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House of
Representatives an assessment of the Commission's findings not later than 90
days after the submission of the Commission's report.
SEC. 1625. POWERS.
(a) HEARINGS- The Commission or, at its direction, any panel or member of
the Commission, may, for the purpose of carrying out the provisions of this
subtitle, hold hearings, sit and act at times and places, take testimony,
receive evidence, and administer oaths to the extent that the Commission or
any panel or member considers advisable.
(b) INFORMATION- The Commission may secure directly from the Department of
Defense, the other departments and agencies of the intelligence community, and
any other Federal department or agency information that the Commission
considers necessary to enable the Commission to carry