Volume 145, No. 81 covering the 1st Session of the 106th Congress (1999 - 2000) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2000” mentioning the Environmental Protection Agency was published in the House of Representatives section on pages H3872-H3964 on June 9, 1999.
The publication is reproduced in full below:
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2000
Mrs. MYRICK. Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 200 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 200
Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1401) to authorize appropriations for fiscal years 2000 and 2001 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal years 2000 and 2001, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Armed Services. After general debate the bill shall be considered for amendment under the five-minute rule.
Sec. 2. (a) It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Armed Services now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. All points of order against the committee amendment in the nature of a substitute are waived.
(b) No amendment to the committee amendment in the nature of a substitute shall be in order except the amendments printed in the report of the Committee on Rules accompanying this resolution, amendments en bloc described in section 3 of this resolution, the amendment by Representative Cox of California printed on June 8, 1999, in the portion of the Congressional Record designated for that purpose in clause 8 of rule XVIII, and pro forma amendments offered by the chairman and ranking minority member of the Committee on Armed Services for the purpose of debate.
(c) Except as specified in section 5 of this resolution, each amendment printed in the report of the Committee on Rules shall be considered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. Unless otherwise specified in the report, each amendment printed in the report shall be debatable for 10 minutes equally divided and controlled by the proponent and an opponent and shall not be subject to amendment (except that the chairman and ranking minority member of the Committee on Armed Services each may offer one pro forma amendment for the purpose of further debate on any pending amendment).
(d) All points of order against amendments printed in the report of the Committee on Rules or amendments en bloc described in section 3 of this resolution are waived.
(e) Consideration of the last five amendments in part A of the report of the Committee on Rules shall begin with an additional period of general debate, which shall be confined to the subject of United States policy relating to the conflict in Kosovo, and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Armed Services.
Sec. 3. It shall be in order at any time for the chairman of the Committee on Armed Services or his designee to offer amendments en bloc consisting of amendments printed in part B of the report of the Committee on Rules not earlier disposed of or germane modifications of any such amendment. Amendments en bloc offered pursuant to this section shall be considered as read (except that modifications shall be reported), shall be debatable for 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Armed Services or their designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. For the purpose of inclusion in such amendments en bloc, an amendment printed in the form of a motion to strike may be modified to the form of a germane perfecting amendment to the text originally proposed to be stricken. The original proponent of an amendment included in such amendments en bloc may insert a statement in the Congressional Record immediately before the disposition of the amendments en bloc.
Sec. 4. The Chairman of the Committee of the Whole may: (1) postpone until a time during further consideration in the Committee of the Whole a request for a recorded vote on any amendment; and (2) reduce to five minutes the minimum time for electronic voting on any postponed question that follows another electronic vote without intervening business, provided that the minimum time for electronic voting on the first in any series of questions shall be 15 minutes.
Sec. 5. (a) The Chairman of the Committee of the Whole may recognize for consideration of any amendment printed in the report of the Committee on Rules out of the order printed, but not sooner than one hour after the chairman of the Committee on Armed Services or a designee announces from the floor a request to that effect.
(b) Before consideration of any other amendment it shall be in order to consider the amendment printed in the Congressional Record of June 8, 1999, by Representative Cox of California and described in section 2(b) of this resolution, if offered by Representative Cox or his designee. That amendment shall be considered as read, shall be debatable for one hour equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points order against that amendment are waived.
Sec. 6. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.
Sec. 7. After passage of H.R. 1401, it shall be in order to take from the Speaker's table the bill S. 1059 and to consider the Senate bill in the House. All points of order against the Senate bill and against its consideration are waived. It shall be in order to move to strike all after the enacting clause of the Senate bill and to insert in lieu thereof the provisions of H.R. 1401 as passed by the House. All points of order against that motion are waived.
Sec. 8. House Resolution 195 is laid on the table.
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The SPEAKER pro tempore (Mrs. Emerson). The gentlewoman from North Carolina (Mrs. Myrick) is recognized for 1 hour.
Mrs. MYRICK. Madam Speaker, for purposes of debate only, I yield the customary 30 minutes to the gentleman from Texas (Mr. Frost), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only.
Madam Speaker, yesterday the Committee on Rules met and granted a structured rule for H.R. 1401, the Fiscal Year 2000 Department of Defense Authorization Act. The rule waives all points of order against consideration of the bill.
The rule provides for 1 hour of general debate, equally divided between the Chairman and ranking minority member of the Committee on Armed Services. The rule makes in order the Committee on Armed Services amendment in the nature of a substitute now printed in the bill, which shall be considered as read.
The rule waives all points of order against the amendment in the nature of a substitute. The rule makes in order only those amendments printed in the Committee on Rules report and pro forma amendments offered by the chairman and ranking minority member of the Committee on Armed Services for the purposes of debate.
Amendments printed in Part B of the Committee on Rules report may be offered en bloc. The rule makes in order an amendment by the gentleman from California (Mr. Cox) printed on June 8, 1999, in the Congressional Record.
The rule provides that except as specified in section 5 of the resolution, amendments will be considered only in the order specified in the report, may be offered only by a Member designated in the report, shall be considered as read, and shall not be subject to a demand for a division of the question.
The rule provides that except as otherwise specified in the report, each amendment printed in the report shall be debatable for 10 minutes, equally divided and controlled by the proponent and an opponent, and shall not be subject to amendment, except that the chairman and ranking minority member of the Committee on Armed Services each may offer one pro forma amendment for the purpose of further debate on any pending amendment.
The rule waives all points of order against the amendments printed in the Committee on Rules report and those amendments en bloc described in section 3 of the resolution.
The rule provides an additional period of general debate prior to the consideration of the last 5 amendments in Part A of the Committee on Rules report for 1 hour, which shall be confined to the subject of United States policy relating to the conflict in Kosovo.
The rule authorizes the chairman of the Committee on Armed Services or his designee to offer amendments en bloc consisting of amendments printed in Part B of the Committee on Rules report or germane modifications thereto which shall be considered as read, except that modifications shall be reported, shall be debatable for 20 minutes, equally divided between the chairman and ranking minority member of the Committee on Armed Services or their designees, and shall not be subject to amendment or demand for a division of the question.
The rule provides that for the purpose of inclusion in such amendments en bloc, an amendment printed in the form of a motion to strike may be modified to the form of a germane perfecting amendment to the text originally proposed to be stricken. The original proponent of an amendment included in such amendments en bloc may insert a statement in the Congressional Record immediately before the disposition of the en bloc amendments.
The rule allows the chairman of the Committee of the Whole to postpone votes during consideration of the bill, and to reduce voting time to 5 minutes on a postponed question if the vote follows a 15-
minute vote.
The rule permits the chairman of the Committee of the Whole to recognize for consideration of any amendment printed in the report out of order in which printed, but not sooner than 1 hour after the chairman of the Committee on Armed Services or a designee announces from the floor a request to that effect.
The rule provides that before consideration of any other amendment, it will be in order to consider the amendment printed in the Congressional Record on June 8, 1999, by the gentleman from California
(Mr. Cox), if offered by the gentleman from California or his designee, which will be considered as read, debatable for 1 hour, equally divided and controlled by the proponent and an opponent, will not be subject to amendment, and will not be subject to a demand for a division of the question in the House or in the Committee of the Whole, and waives all points of order against the amendment.
The rule provides for one motion to recommit with or without instructions. The rule provides that after passage of H.R. 1401, it shall be in order to take from the Speaker's table S. 1059 and to consider the Senate bill in the House.
The rule waives all points of order against the Senate bill and against its consideration. The rule provides that it shall be in order to move to strike all after the enacting clause of the Senate bill and to insert in lieu thereof the provisions of H.R. 1401 as passed by the House, and waives all points of order against the motion.
Finally, the rule provides that House Resolution 195 is laid upon the table.
Madam Speaker, this new rule for the Fiscal Year 2000 Department of Defense Authorization Act differs from the old rule, H.R. 195, in two important ways. First, it makes in order several amendments relating to the Kosovo conflict. The old rule self-executed out Section 1006 of the authorization bill, which would end funding for a war in Kosovo on October 1.
The new rule permits the gentleman from Missouri (Mr. Skelton) to offer an amendment that would strike Section 1006, and it permits four amendments that would make it harder for the President to fund an extended military operation in the Balkans.
This new rule also includes a bipartisan amendment offered by the gentleman from California (Mr. Cox) and the gentleman from Washington
(Mr. Dicks) to implement the Cox report and to crack down on spying at nuclear labs.
In other words, Madam Speaker, the new rule provides for a full and fair debate on Kosovo and this whole issue, and allows for a bipartisan legislative answer to security lapses at our weapons facilities. This is something that all Members should support.
The underlying legislation, H.R. 1401, is a good bill. It is a bill that would allow us all to rest a little easier at night knowing that our national defense is stronger and that our troops are being taken care of.
We now know that China has stolen our nuclear technology, something that the Soviet Union could not do during the entire Cold War. We live in a dangerous world, but Congress is doing something about it. We are working to protect our friends and family back home from our enemies abroad.
We are helping to take some of our enlisted men off of food stamps by giving them a 4.8 percent raise, and we are providing for a national missile defense system so we can stop a warhead from China, if that day ever comes. We are boosting the military's budget for weapons and ammunition, and we are tightening security at our nuclear labs, doing something to stop the wholesale loss of our military secrets.
Madam Speaker, the Committee on Rules received more than 90 amendments to this bill. We did our best to be fair and to make as many amendments in order as we could. We made over half of them in order.
The rule allows for a full and open debate on all the major sources of controversy, including publicly funded abortions and nuclear lab security. It allows for a debate on a lot of smaller issues, too. So I urge my colleagues to support this rule and to support the underlying bill, because now more than ever we must provide for our national security.
Madam Speaker, I reserve the balance of my time.
Mr. FROST. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, my Republican colleagues bring us another rule for the Department of Defense authorization. This rule I feel safe in saying will pass, and thus this morning the Republican leadership will not be faced with the embarrassing prospect of having to pull yet another rule from the floor.
I will support the rule, Madam Speaker, but I do so only because of my support for the DOD authorization and the importance of getting on with the business of the House. That being said, I must point out that this new rule presents us with yet another prospect of embarrassment. This time the embarrassment will fall on the entire House of Representatives, if not on our country.
In Cologne, the nations of Western Europe, the United States, and Russia have finally managed to negotiate a peace settlement with the regime which has systematically carried out horrifically bloody and brutal acts in Kosovo.
The terms of the actual troop withdrawal are still a matter of negotiation between the military forces of NATO and Yugoslavia. But Madam Speaker, however fragile the prospect, the nations of the world who subscribe to the rule of law are on the verge of accomplishing the goal of removing the brutish oppressors from Kosovo.
So in the midst of the peace negotiations, the House now has under consideration a rule which holds out the prospect of cutting off support for the operations in Kosovo on September 30, and the Fowler amendment, which would prohibit ground troops in Yugoslavia unless authorized by Congress.
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Now, Madam Speaker, I am among those who pray fervently that this conflict has come to an end. But I am also among those who believe that dictating the terms of a peace can only be conducted from a position of strength and resolve.
What kind of message are we about to send to Milosevic and his band of thugs and murderers? Now is not the time to have this particular debate. This rule and the debate it permits, as reported by the Republican majority, is inappropriate and ill-advised.
Today's rule, authored by the Republican majority, is a travesty. By authorizing votes to cut off spending in Kosovo while we are on the verge of a dramatic victory, the majority makes the House of Representatives a laughing stock and demonstrates to the entire world that we are irrelevant. Let me repeat, the majority has chosen irrelevance. This is a sad day for this institution.
There are those among the Republican majority who contend that the last rule for this bill failed because of lack of Democratic support. I would answer with two points. First, it is the obligation of the majority to lead, not to lay blame. Second, the Republican majority gave many Democratic Members no choice but to oppose the meager offerings handed to them 2 weeks ago.
For example, this rule, unlike its predecessor, makes in order an amendment which has the support of the ranking member of the China Select Committee. Two weeks ago, the Republican majority summarily cut the gentleman from Washington (Mr. Dicks) out of the process. This rule will allow the House to consider recommendations of the Cox-Dicks committee matters that are of the utmost importance to our national security. Accordingly, many Democrats who opposed the last rule will see this one in a different light.
Every year, this body debates our role in NATO, the cost associated with our continued military presence in Europe, and the expectations we as a NATO partner should have for the other nations in the alliance. Yet, surprisingly, the last rule precluded such a debate, thus generating a great deal of opposition in certain quarters in the Democratic Caucus. The rule before us today will allow debate on this issue, again perhaps reducing opposition to the rule.
But, Madam Speaker, this rule does not provide the opportunity for the ranking member of the Committee on Commerce to offer an amendment he presented to the Committee on Rules along with his chairman and the chairman and ranking member of the Committee on Science. The Dingell amendment speaks directly to a matter of jurisdiction of both the Committee on Commerce and Committee on Science that has been included in the Committee on Armed Services' bill. Yet, the House has once again been precluded from considering this matter.
Madam Speaker, amendments offered by the gentlewoman from New York
(Ms. Velazquez), the ranking member of the Committee on Small Business, as well as similar amendments offered by the gentlewoman from California (Ms. Waters), relating to business opportunities for minority and other disadvantaged small businesses, have been shut out of the process.
These are issues of importance to the Democratic Members of this body, Madam Speaker, and it would not be much of a surprise if Members supporting those positions were to vote against the rule.
Madam Speaker, it is time for the House to move on this vitally important proposal. In spite of the substantial shortcomings of this rule, I will support it and urge my colleagues to do so as well.
Madam Speaker, I reserve the balance of my time.
Mrs. MYRICK. Madam Speaker, I yield 2 minutes to the gentlewoman from New Mexico (Mrs. Wilson).
Mrs. WILSON. Madam Speaker, I rise to respond to the gentleman from Texas (Mr. Frost). He talks about embarrassment of the leadership in pulling a rule from the floor. As one of the Members on this side of the aisle who had concern about the rule last week, I want to respond to this and explain what I think leadership means.
I think that leaders listen. I think that leaders build consensus. I think that leaders reach out to others, of whatever party or whatever persuasion or whatever part of the country, to pull people together. I think leaders recognize when they have made little mistakes and make corrections of those mistakes.
I think we have a pretty good coach on this side of the aisle. He coached wrestling, but most of us watch football. When the quarterback sees a broken play, a good quarterback will call a time-out and pull things back together. That is what leadership means, and that is why I am proud to be a part of this great House.
Mrs. MYRICK. Madam Speaker, I yield 2 minutes to the gentleman from California (Mr. Dreier), the distinguished chairman of the Committee on Rules.
Mr. DREIER. Madam Speaker, I thank my dear friend, the gentlewoman from Charlotte, North Carolina (Mrs. Myrick), who, as I said at the close of last night's Committee on Rules hearing, that she did a superb job of managing this rule when it came up 2 weeks ago tomorrow, and she is doing an even better job today, as I am sure. So I thank her for her fine work.
This is a very important piece of legislation, and I believe that we have been able to successfully work in a bipartisan way to address many of the concerns that are there.
Contrary to the remarks that were just made by the gentleman from Dallas, Texas (Mr. Frost), we did make 47 amendments in order; and that is an awful lot of amendments. There are a lot of Democratic amendments that have been made in order. We have got lots of amendments that are done in a bipartisan way here. We will have, I suspect, 20 hours of debate that will take place on this very important piece of legislation.
So it is true that we were not able to satisfy every single concern out there, either on the Democratic side or on the Republican side. But I think that what we have got is a very, very reasonable balanced approach. It is an important piece of legislation, one of the most important issues that we can possibly address.
We as Republicans have made a strong commitment that we are going to focus on the issues of improving public education, providing tax relief for working Americans, preserving Social Security and Medicare, and the very important issue of our national security.
Frankly, this administration, as we all know, has deployed 265,000 troops to 139 countries, obviously interested in security around the world, I guess; but when it has come to a strong commitment to make sure that our forces are equipped and ready to go, we have not seen the kind of support that is necessary. This measure which the gentleman from South Carolina (Mr. Spence) will be managing will help us address that challenge.
We also are dealing with a very important report that has come out on China and the transfer of technology. Again that is done in a bipartisan way.
So I think that we have got a very good measure here, and I encourage both Democrats and Republicans alike to support what is a balanced rule.
Mr. FROST. Madam Speaker, I yield 3 minutes to the gentleman from Texas (Mr. Turner).
Mr. TURNER. Madam Speaker, I came to the floor 2 weeks ago when this bill was first offered to this House, thanking the Republican leadership for striking language in the Committee on Rules that would have prohibited any funds from this bill being used in operations in Yugoslavia. I am very disappointed today to note that when this bill comes back to the floor, it once again includes that objectionable language.
Here we are at a critical point in time in the peacekeeping operations, the peacekeeping negotiations, and we find that our Republican leadership desires to cut off funding for all operations in Yugoslavia on September 30.
This House passed on March 11 a resolution authorizing the use of ground troops for a peacekeeping operation. I offered at that time an amendment to that bill which provided that the troops of the United States would be limited to 15 percent of the total force. This House, by agreement in an amendment crafted at the conclusion of that debate, accepted that language along with other reporting requirements. That was a sound and reasonable thing to do.
I am advised by Mr. Berger this morning that the negotiations now regarding peacekeeping would limit the U.S. troop participation again to 15 percent of the total force. It is totally irresponsible for this House to be considering legislation that would ban the use of any funds, as of September 30, for peacekeeping operations in the Republic of Yugoslavia.
We have come a long way in this battle of trying to save a million and a half refugees who have been left homeless by this conflict. It is my hope that this House will stand together in its resolve and with the international community that has said no to Milosevic, that has said no to genocide, that has said no to murder and rape, and has said yes to peace. It is my hope that the House will adopt the Skelton amendment, which will strike this objectionable language from the bill, the only provision, by the way, that I have heard the White House say would cause a veto of this legislation.
Now is the time to stand for peace. Now is the time to stand with the international community that has stood with us in the NATO effort to end the bloodshed and the slaughter and the genocide in Yugoslavia. At the end of the 20th century, we must send a clear message to the world that the United States and its allies will stand for peace and stand against the kind of campaign that President Milosevic has waged against his own people.
For 78 days, our bombing campaign has continued. We must see it through to a successful conclusion. I urge my colleagues to accept the Skelton amendment when it is brought to the floor.
Mrs. MYRICK. Madam Speaker, I yield 4 minutes to the distinguished gentleman from Florida (Mr. Goss), the chairman of the Permanent Select Committee on Intelligence.
(Mr. GOSS asked and was given permission to revise and extend his remarks.)
Mr. GOSS. Madam Speaker, I thank the gentlewoman from North Carolina
(Mrs. Myrick) for yielding me this time, and I rise in support of this complicated but fair rule and this very important Department of Defense authorization bill that the gentlewoman is bringing forward for our attention so capably today.
First, with respect to the rule, Members know that this has been an extraordinarily challenging process. I think that this rule is now ripe for Members' consideration. I congratulate the gentleman from California (Chairman Dreier) and our committee for persistence in navigating what obviously would be described as complex waters, bringing this bill to the floor, particularly the role of the gentlewoman from North Carolina (Mrs. Myrick) that has been helpful.
We did the best we could to ensure that the most important areas of debate were covered and to ensure that Members had options to vote on with regard to those major issues. So there will be plenty of debate on these subjects.
As for the underlying bill, Madam Speaker, I applaud our colleagues, the gentleman from South Carolina (Mr. Spence) and the gentleman from Missouri (Mr. Skelton) for bringing forward a bill that helps chart the future of our Nation's defenses as we embark on the next century. I would point out there is one from each side of the aisle in that combination; in other words, bipartisan.
We have repeatedly emphasized the fact that our military has been systematically underfunded and stretched well beyond its means for the past years under the Clinton-Gore administration. As a result, our armed services today have been provided with too little while being asked to do too much. We all know that.
Now, with the engagements in Kosovo, Iraq, ongoing missions on the Korean peninsula and a host of other unresolved missions underway, such as perhaps Haiti and Bosnia, we are seeing all too clearly the cracks and strains of a fighting force whose readiness is threatened, whose morale is eroded, and whose training and equipment have declined dangerously.
This legislation falls upon the commitment that this House made just a few weeks ago in the supplemental funding bill that such harmful and pennywise shortsightedness should be brought to an end.
Madam Speaker, as chairman of the Permanent Select Committee on Intelligence, I know too well about the very real consequences we face because of poor planning and lack of long-term commitment on the part of policymakers to investing in a robust and modern defense capability. My committee shares jurisdiction with the Committee on Armed Services over a host of important military intelligence programs obviously.
I am happy to say we have always worked in very close concert to ensure that the oversight of those programs is seamless, and I am very pleased with the product before us today. Eyes, ears, and brains are among the most important elements of a strong, smart, and effective defense. That is what good intelligence is all about: force protection, force enhancement. I am grateful for the support that this bill provides.
Madam Speaker, America's attention in recent weeks has been riveted by the events of Kosovo and by those disturbing revelations closer to home about foreign penetration of our labs and failure of the Clinton-
Gore administration to provide proper protection of our most important national secrets.
If there is a silver lining to those two significant front-page matters is that they have helped galvanize public opinion about the imperative of protecting our national security. It is not only protecting our men and women in the Armed Forces and our interests here and overseas, but also protecting the security of our most important national secrets. They matter.
This legislation will provide the vehicle for important debate on how we can best accomplish these crucial goals. I urge all Members and all Americans to pay close attention. There really is nothing more important that this Federal Government can or should be doing than providing for the national defense. I believe Americans are counting on this Congress to make up for the shortfalls in the Clinton-Gore administration that have lead us to the situation we find today in our defense. I urge support.
I would like to respond to the gentleman from Texas (Mr. Frost), my friend and colleague on the Committee on Rules, and say simply that I think it would be a huge embarrassment in not serving the public properly in a representative form of government for us not to discuss the Kosovo situation when we are talking about the defense authorization bill.
Mr. FROST. Madam Speaker, I yield 3 minutes to the gentleman from Missouri (Mr. Skelton).
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Mr. SKELTON. Mr. Speaker, I thank the gentleman from Texas for yielding me this time and allowing me to speak on this rule.
As the ranking Democrat on the Committee on Armed Services, I fully endorse this rule. I fully endorse the provisions that have been made therein. The rule, as my colleagues know, was pulled some several days ago. The Committee on Rules went back, rewrote the rule, allowed several amendments, and I think that they did the right thing and I thank them for it.
The gentleman from California (Mr. Dreier), the gentleman from Massachusetts (Mr. Moakley), the gentleman from Texas (Mr. Frost), and the others on that committee, I think, wrote a proper rule, which I do support, with the proper amendments.
The second thing I wish to mention is that this is an excellent bill. I have been on the Committee on Armed Services for a number of years and, in my opinion, in looking at the legislation, in light of the fact that we have won the Cold War and there is an uncertain future and there are those in uniform today that are questioning whether they stay in or whether they make a career of it, this bill gives great incentive for them to reconsider and consider making a career of the military, because we are doing some very good things for them in the pay, in the pension and for their families.
In my opinion, this bill is the best that we have had since the early 1980s. I am very, very pleased and I thank the gentleman from South Carolina (Mr. Spence) for his leadership as the chairman, and it is a privilege to work with him and others on the committee that have been excellent to work with. It is a bipartisan committee. We sent this bill out of committee with a 55 to 1 vote.
I see my friendless gentleman from California (Mr. Hunter), chairman of the Subcommittee on Military Procurement of the Committee on Armed Services. He and the gentleman from Virginia (Mr. Sisisky) work so well. As a matter of fact, they did such good work there are no major amendments touching the procurement part of this legislation. It is a tribute to them, and to all of those who worked very, very, hard on this legislation. Of course, the staff did a wonderful job, and I cannot brag about them enough, a bipartisan staff, and I thank them.
But I must say, Mr. Speaker, in all sincerity, this bill has a wart on it. It is a major wart. We can cut it off by an amendment that I am offering, or I will offer sometime during this debate. It is interesting to note that we are winning or we have won, NATO and America, the battle of Kosovo of 1999, and yet there are those, sadly, with great melancholy in my heart, I see that they want to pull defeat from victory by cutting off funds for those wonderful young men and young women and what they are doing to secure peace in Europe, which has a direct effect not only in the rest of Europe but on the United States.
So with that, I will vote for the rule, and I urge support on my amendment when that comes to pass.
Mrs. MYRICK. Mr. Speaker, I yield 2 minutes to the gentleman from Florida (Mr. Foley).
Mr. FOLEY. Mr. Speaker, let me thank the gentlewoman from North Carolina for bringing this rule forward, and I urge all Members to support the rule and particularly several amendments, one being the Cox-Dicks amendment, the Spence amendment. Both have suggestions on dealing with the nuclear labs and the theft of nuclear properties from the United States.
We had an expression in the restaurant business, too many cooks and not enough bottlewashers. Well, in pre-1974, we had the Atomic Energy Commission; in 1974, we then initiated the Energy Reorg Act; and in 1977, President Carter had the idea to create the Department of Energy and we transferred the functions of the Energy Research Development Administration into the lab. And we know now from the testimony of the Cox report that that was the period in time in which the nuclear secrets were starting to be stolen.
So I would suggest to my colleagues the best remedy is what is suggested by the gentleman from South Carolina (Mr. Spence), and that requires the Secretary of Defense to establish a plan to transfer from the DOE the national security functions. In the amendment of the gentleman from California (Mr. Cox) and the gentleman from Washington
(Mr. Dicks) they ask the President to review and come back to Congress and potentially recommend a similar type scenario.
My colleagues, over the next several weeks we will hear a lot of bellyaching from this body about blaming the Chinese. Let us get even. Let us blame them for stealing our secrets. But my colleagues, the United States Congress, the United States Government, invited them into our labs. Shame on us. Shame on us for having lax security, shame on us for not protecting, shame on us for not having things like the gentleman from California (Mr. Hunter) recommends today, counterintelligence clarifications, security practices, polygraph tests to make sure people are not walking home with their briefcases full of our own technology. So in the next several weeks, rather than pointing fingers at the Chinese Government, let us look inwardly at the problems we have created ourselves.
Let us also focus on some underlying amendments such as the gentleman from Florida (Mr. Goss) recommends on Haiti and removal of troops. The gentleman from New Jersey (Mr. Franks), the gentleman from Connecticut
(Mr. Shays) and myself have an amendment on troop removal and troop reduction in Europe. We cannot be everywhere for everyone, and the American taxpayers cannot afford it. So I urge support of the rule and urge support of the bill.
Mr. FROST. Mr. Speaker, I yield 3 minutes to the gentleman from Michigan (Mr. Dingell).
(Mr. DINGELL asked and was given permission to revise and extend his remarks.)
Mr. DINGELL. Mr. Speaker, I rise in opposition to the rule. This rule has many reasons for being opposed, but I confine myself to one glaring defect. The rule would prohibit the House from considering a very important and ill-considered provision of the bill. The provision would require the Secretary of Energy to assign all national security functions, including safeguards, security, health, safety, and environment to the Assistant Secretary for Defense Programs.
This is not putting the fox in charge of the chicken house, this is putting an imbecile in charge of an important national function and major national concerns. It is this secretary, in his many incarnations and in many diverse identities, that has been a major part of the problems that we have confronted over the years.
When I was the chairman of the Subcommittee on Oversight and Investigations of the Committee on Commerce, we investigated a continuous series of lapses on security. We brought them constantly to the attention of the administration, and nothing was done because it was all handled by the institutional holder of this particular office. The practical result of this is to assure the people that if we are concerned with the security of the national labs and other aspects of our activities within the Department of Energy, we are entrusting that responsibility to probably, institutionally, the most incapable individual in that particular place.
I have submitted an amendment to strike this section. It was a bipartisan amendment which had the support of the gentleman from Virginia (Mr. Tom Bliley), the chairman of the Committee on Commerce; the gentleman from Wisconsin (Mr. Sensenbrenner), the chairman of the Committee on Science; and the gentleman from California (Mr. Brown), the ranking member. The amendment also had the strong support of Energy Secretary Bill Richardson, who, being aware of the situation there, has recommended that the bill be vetoed if that provision is left in the bill.
Despite the bipartisan nature of this amendment and the fact that the bill could face a veto over the provision, the rule will not even allow the House to decide the issue. That is an action of extraordinary arrogance and high-handedness on the part of the Republican leadership and on the part of the Committee on Rules. And I say that if we really want to continue jeopardizing the well-being and the security of these labs and of important national secrets, continuing to trust this responsibility to this part of the Department of Energy is a major mistake, one on which, having made our choice of fools, we can be absolutely assured that we will now reap the whirlwind.
This is something which should not be done because the security of the United States says otherwise. This is a part of the Department of Energy, which has continuously presided over failures in security at the national laboratories and at other parts of the Department of Energy. So to continue this kind of folly is simply to assure that a major calamity follows.
I urge my colleagues to reject this rule. This rule is high-handed arrogance on the part of the Committee on Rules, the Republican leadership, and also on the part of the Committee on Armed Services, which is now taking care of one of their buddies and all of his special interest lobbyists that have been cutting a fat hog at the expense of the security of the United States.
Let me give just a brief background on what this provision is all about. Currently, the Assistant Secretary for Defense Programs is responsible for our national security programs, such as weapons production and management of the nuclear stockpile. However, over time, certain oversight functions have been given to independent offices within the Department, because Secretaries have concluded that the program offices were giving too little priority to needs such as safeguards, security, safety, and the environment.
For example, during the Bush Administration, then-Secretary James Watkins established an independent Office of Safeguards and Security, after security lapses were documented at Rocky Flats and other facilities. Similarly, after asking independent ``tiger teams'' to assess the safety of our weapons facilities, Secretary Watkins was so concerned that he was forced to close many of them for repairs. This ultimately led to a Defense Facilities Safety Board, and an independent office of Health, Safety, and the Environment. This office also assumed responsibility for the clean up of weapons sites, such as Hanford, where decades of neglect had left thousands of gallons of nuclear waste seeping into the environment.
Now we are facing yet further evidence of an erosion of safeguards and security at our DOE labs. Once again we are finding that those in charge of those facilities are still failing to give these matters proper attention. This can be expected when program managers have competing priorities. Secretary Richardson has proposed creating a senior officer reporting directly to the Secretary with the single responsibility of ensuring security.
Instead, the bill would do the exact opposite, and return us to the sixties and seventies, where there was no independent oversight of security, safeguards, health, safety, and the environment.
I do not want to suggest that reorganizations alone can ever solve the problems of safeguards and security. However, requiring the Secretary to assign responsibility for these functions to the same program managers with competing priorities is certainly the wrong answer. That was the organization of the 60's, 70's and 80's. Those were the years when these facilities went into unsafe disrepair, when neighboring communities were polluted in the air and in the water, and when secrets were stolen. Obviously, more needs to be done to beef up our safeguards and security, but returning responsibility to those who created the problem is not the answer.
My attached letter to Warren Rudman underscores my view that independent assessments of security are required, and I ask unanimous consent to insert it at this point.
Responsible reforms are needed at the Energy Department, but this bill contains one poorly conceived change. Because this rule does not allow us even to vote on this change, the rule should be defeated.
Mr. Speaker, I also provide for the Record documentation which relates to my comments about this very serious matter.
Committee on Commerce,
Washington, DC, March 24, 1999.Hon. Warren Rudman,President's Foreign Intelligence Advisory Board, Washington,
DC.
Dear Warren: First, let me congratulate you on your recent appointment to lead the bipartisan review of security threats to the U.S. nuclear weapons laboratories over the last twenty years. I am hopeful that your review will finally focus appropriate attention on a very serious and longstanding problem that has been ignored, mismanaged, and/or covered up during several Administrations. Unfortunately, your effort is only the latest in a long line of reviews undertaken by, among others, the General Accounting Office (GAO), the Department of Energy (DOE) and its Inspector General, the U.S. Nuclear Command and Control System Support Staff, and various Congressional committees, the results of which have been uniformly ignored by the responsible officials.
I am also writing to offer you my assistance as you undertake this review. During my 14-year tenure as chairman, the Subcommittee on Oversight and Investigations of the Committee on Energy and Commerce conducted several classified and unclassified inquiries into this matter. (This letter discusses the unclassified portion of our work.) We found a disturbing pattern of security weaknesses in the contractor-run national weapons laboratories, along with extraordinary lax oversight by the Department of Energy (DOE). As you may already know, these problems included: laboratories refusing to implement basic security precautions; DOE Secretaries and other officials ignoring repeated warnings of security problems; and bureaucratic obfuscation of the problems that meant that even the National Security Council and the President received inaccurate, misleading information. Although our main focus initially was terrorism and physical security, our concerns soon broadened to encompass other significant security deficiencies and the system's management problems.
The Subcommittee, on a bipartisan basis, sought continuously to bring these problems to light, and to fix the underlying weaknesses, such as the lack of independent security oversight, that allowed problems to persist. This work required a sustained effort over several years, work made more difficult because of the recalcitrance of the contractors running the national laboratories. You should expect significant difficulties in arriving at a full understanding of the problems, particularly if, given your right deadline, you are forced to rely on those contractors and government officials responsible for managing the laboratories over the last twenty years.
The Subcommittee's work on this matter began in 1981 in response to efforts to undermine independent review of security threats. The Department of Energy's Assistant Secretary of Energy for Defense Programs had become concerned in 1979 about the level of security at the weapons laboratories. As recommended by the General Accounting Office
(GAO) in 1977, and also the Inspector General, he established an independent, inter-agency group that reported directly to him on the adequacy of safeguards at these facilities. This program employed some of the best experts in the country in terrorism, sabotage, protection of classified material and related activities. This group found that the safeguards at the most critical facilities--which included Los Alamos--were in shambles while, at the same time, DOE's Office of Safeguards and Security was giving the facilities a clean bill of health.
However, in 1981, when a new Administration took over, the Assistant Secretary was replaced by a high-ranking official from Los Alamos National Laboratory who immediately shut down the independent assessment program. In 1982, in a classified report to the Subcommittee, GAO strongly recommended (in part because DOE was submitting misleading reports to the National Security Council) the reinstitution of an independent assessment program which would report directly to the Under Secretary of the DOE. Two hearings by the Subcommittee in 1982 and 1983 focused on the organizational problems at DOE and the GAO recommendation. In 1983, the Committee adopted, with strong bipartisan support, an amendment to the DOE Defense Authorization bill establishing an independent Office of Safeguards Evaluation reporting directly to the Secretary. Unfortunately, the bill never received floor consideration.
Attempts by the Subcommittee and others in 1983-84 to establish an independent evaluations office within DOE were turned down by the Secretary and the Assistant Secretary for Defense Programs, who wanted the evaluations program under his control. Independence was critical because, during the Subcommittee's work, top officials misled the Subcommittee and harassed a DOE whistleblower. In 1984, the Subcommittee held a hearing on the Department's attempts to strip the employee's security clearance and issued a report. The Department rewarded the harassers with promotions, bonuses and medals. In 1984, the Department also terminated an investigation by its Inspector General into management adequacy in the safeguards and security program.
The Subcommittee also attempted to alert President Reagan to its concerns. In 1984, however, DOE officials told the President there was nothing to be concerned about. In January 1986, prior to his briefing by DOE on the status of safeguards and security, I wrote a letter to President Reagan listing general problem areas. These included: credibility of the inspection and evaluation program; inadequately trained guard forces; inadequate protection against insider threats; inability to track and recover special nuclear materials and weapons if they were stolen; inadequate protection of classified information; inverse reward and punishment system for the contractors; and lack of funding for safeguards and security upgrades. (A copy of that letter is enclosed.) In response, based on information provided by the national laboratories and DOE officials, Secretary of Energy Herrington wrote of ``significant progress'' and
``improvements,'' and Admiral Poindexter said he was
``impressed with the progress being made.''
The Subcommittee continued its work during President Bush's Administration. Among other matters, it looked at inadequate personnel security clearance practices at the laboratories where it was immediately clear that there were inadequate resources to do an effective job. That situation has not changed to this day. The Subcommittee also began to review the foreign visitors program--as did Senator Glenn, then chair of the Senate Governmental Affairs Committee--and the mysterious shutdown of an investigation into drug problems and property controls at Lawrence Livermore Laboratory.
At the same time, Secretary Watkins' Safeguards and Security Task Force recommended establishing independent oversight functions which would report directly to the Under Secretary. Once again, the recommendation was not implemented, although Secretary Watkins did move the Office of Security Evaluation out from under Defense Programs.
In 1991, the Subcommittee also reviewed the role the Department may have played in allowing Iraq to augment its nuclear capability. In May of 1989, DOE employees attempted to alert Secretary Watkins to the fact that Iraq was shopping for strategic nuclear technologies. They were not allowed to brief the Secretary. But in August of 1989, three Iraqi scientists attended the ``Ninth Symposium (International) on Detonation'' sponsored by the three weapons labs, the Army, Navy, and the Air Force. It was described by a DOE official as the place to be ``if you were a potential nuclear weapons proliferant.'' At the time, DOE didn't even have a nonproliferation policy nuclear weapons proliferant.'' At the time, DOE didn't even have a nonproliferation policy, and Secretary Watkins was not briefed on the Iraqi threat until May of 1990.
In 1991 and 1992, the Subcommittee received six GAO reports critical of DOE's safeguards and security efforts. These covered weaknesses in correcting discovered deficiencies, incomplete safeguards and security plans, weak internal controls, unreliable data on remedial efforts, inadequate accountability for classified documents, and security force weaknesses. Two other GAO reports noted that even basic control measures for non-classified property were not in place at the Lawrence Livermore National Laboratory, nor was DOE oversight adequate.
Subcommittee staff met with Secretary O'Leary and her senior staff in 1993 to outline these concerns. At the time of the Republican takeover of the House in January 1995, when my chairmanship ended, the problems had not gone away, and recent GAO reports find little, if any, improvements. In March of 1998, the U.S. Nuclear Command and Control System Support Staff, an independent, federal-level organization chartered by Presidential Directive to assess and monitor all equipment, facilities, communications, personnel and procedures used by the federal government in support of nuclear weapons operations, recommended once again a high-level, independent office to review safeguards and security at DOE.
Many of us in the Congress have tried for years to address the chronic problems at DOE's national laboratories. You now have the opportunity to take an independent, comprehensive, and bipartisan look at these security weaknesses. Independence from those who have failed to solve these problems--which includes officials at DOE and representatives of the laboratory contractors who implement and establish policies at the labs as if they are academic researchers, not the guardians of our weapons secrets--is essential for your review to accomplish more than the prior reviews. Similarly, the independence of any future evaluations office will be essential to any lasting progress.
Your review will not be easy work, but I stand ready to help.
With every good wish.
Sincerely,
John D. Dingell,
Ranking Member.
Enclosures.
House of Representatives, Subcommittee on Oversight and
Investigations of the Committee on Energy and Commerce,
Washington, DC, January 28, 1986.Hon. Ronald W. Reagan,President of the United States,The White House, Washington, DC.
Dear Mr. President: The Subcommittee on Oversight and Investigations understands that you will soon be briefed by senior officials of the Department of Energy (DOE) on the adequacy of safeguards and security at DOE nuclear weapons facilities. The Subcommittee has been conducting an extensive review into the adequacy of DOE's safeguards and security program since mid-1982. On several occasions, I have written to you about the Subcommittee's concerns. The Subcommittee staff has also briefed the staff of the National Security Council and several members of the Council's staff have attended our closed hearings.
While many improvements have been made, serious vulnerabilities remain. Compounding this problem are unresolved management issues and a lack of confidence in the Department's Inspection and Evaluation function, which is supposed to provide independent, credible assurances as to the adequacy of safeguards and security. The Subcommittee will be holding a closed hearing in the near future concerning these issues and others. We will notify the National Security Council of the date of our upcoming hearing.
You have said many times that America will not be held hostage to terrorism. You advocate strong actions to curb this threat to the safety of not only the American people, but to this international community as well. While strong measures against terrorism are absolutely essential, we should also be doing the best job possible to protect our domestic nuclear weapons production facilities from the catastrophic consequences of a terrorist attack.
Unfortunately, the Subcommittee has found that serious safeguards and security vulnerabilities continue to exist at some DOE nuclear weapons sites. The DOE's own internal inspection reports show that plutonium and highly enriched uranium are still highly vulnerable to theft and sabotage at these locations. In meetings with the Subcommittee staff, DOE officials seemed unaware of many of these vulnerabilities. The Subcommittee will continue its vigorous oversight over this critical program until the Department is doing an adequate job to protect the nation's nuclear weapons complex.
The following are several generic problem areas that the subcommittee believes must be resolved in order to have an effective safeguards and security program and which you may want to insure are addressed in your DOE briefing:
Credibility of the DOE's Inspection and Evaluation program--The Subcommittee has evidence that Inspection and Evaluation personnel altered ratings on inspections of safeguards and security interests having important national security significance. The rating system which is used is highly misleading.
Guards forces are inadequately trained--In one exercise using sophisticated testing apparatus known as MILES equipment, the mock terrorists were able to steal plutonium because of a bizarre sequence of blunders on the part of the guard force. One machine gunner had not been trained to load his weapon. Another guard's machine gun jammed and he was not able to unjam it because he had not been trained adequately. A helicopter was dispatched to chase the escaping terrorists. The guards, however, were unable to fire on the terrorists because they had forgotten to bring their weapons. The terrorists disappeared into the woods. This is a contractor guard force that is paid $40 million to guard this critical site. This same guard force has lost M-16 rifles, has refused to allow guards to carry loaded M-16 rifles and shotguns, and has even defied DOE authority, yet received $762,400 in an award fee in 1985 for ``excellent'' performance.
Inadequate protection against insider threat--During a recent exercise at one of our most critical facilities, an insider was able to smuggle a pistol, with a silencer, and explosives into the facility to be used several days later in a successful attempt to steal bomb parts containing plutonium.
Use of deadly force by security guards--There is a conflict with state law in some states over whether deadly force can be used to prevent the theft of Special Nuclear Materials. The DOE has been ``studying'' this matter since it was raised in our September 1982 hearing. It is not resolved and, therefore, is a continuing serious weakness.
Lack of coordination with the military; other Federal agencies and local law enforcement for external assistance in the event of an attack--At a Subcommittee hearing in September 1982, concern was raised over the failure of the DOE to provide for proper outside assistance. This issue is far from resolved.
Inability to track and recover Special Nuclear Material and nuclear weapons in the event they are stolen from the DOE--The Subcommittee believes major problems exist. In a recent test, the mock terrorists successfully stole plutonium bomb parts and disappeared. DOE officials admit they would have had a very low probability of locating the terrorists or the bomb parts. To our knowledge, this capability has never been adequately tested.
The Department's inverse rewards and punishment system--The DOE continues to promote and reward officials who have been responsible for safeguards and security problems, including the misleading of the President and the Congress, while holding back the careers of those employees who have tried to improve safeguards and security and to insure that the President and Congress are properly advised of major safeguards and security deficiencies.
Inadequate protection of classified information--The DOE has lost seven sensitive TOP SECRET documents that, to our knowledge, have not been located. Computer systems are vulnerable to compromising highly sensitive, classified data in some DOE locations.
Reduction of funds for safeguards and security upgrades--While the DOE has historically thrown money at its problems, there are essential safeguards and security programs that must be funded adequately. It is important that safeguards and security effectiveness not be hurt due to lack of adequate funding.
We both want adequate protection at these critical facilities. I hope that these concerns will be helpful in your efforts to insure that proper security throughout the nuclear weapons complex does indeed become a reality. Please inform the Subcommittee of your observations after receiving your briefing.
The Subcommittee and its staff will be pleased to assist you and the National Security Council in any way we can.
Sincerely,
John D. Dingell,
Chairman, Subcommittee on
Oversight and Investigations.
Mrs. MYRICK. Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr. Cunningham).
Mr. CUNNINGHAM. Mr. Speaker, I rise in support of the rule. But let me address some of the things my colleague, the gentleman from Texas
(Mr. Frost), said about the bill being pulled last week.
First of all, this House had a vote and voted not to let any of the emergency supplemental spending go for the expansion of the war in Kosovo. When the President heard that we had that vote in the House, he threatened to veto the bill if that provision was in there.
Many of us feel very, very strongly that emergency spending should not be used to expand the involvement in Kosovo. We are flying 86 percent of all the sorties in Kosovo. And 90 percent of the weapons that are being dropped by NATO are from the United States of America. And when I talked to General Clark, he said, ``Well, Duke, our allies don't have the standoff weapons.'' Then they need to pay for part of this war.
With regard to the emergency spending dollars, the Joint Chiefs testified that we need $148 billion more over several years even to bring us up to the levels recommended by the QDR, or the bottom-up review. That is $22 billion a year, and when we add $6 billion more per year for Kosovo, that is $28 billion. And now let us look where we are. The President wants to pull away more dollars in the emergency spending to support Kosovo. Yes, we had a problem with that.
We are still spending $25 million a year in Haiti building infrastructure and roads. How about the infrastructure of the United States?
We are going to be lucky to get out of this with a bill of $100 billion to destroy then rebuild Kosovo. And I know the side of the gentleman from Texas (Mr. Frost) and our side as well, we do not want money to come out of Social Security. But we cannot spend $100 billion in Kosovo and take emergency money and put it in there and not touch Social Security or Medicare or medical research. My friend the gentleman from Wisconsin (Mr. Obey) said when we wanted to double medical research that that was a fallacy. Well, we cannot double medical research when we spend $100 billion on Kosovo.
The United States and NATO have killed more civilians than Milosevic killed in the year prior to NATO bombing Kosovo; there were 2,012 people killed before the bombing began. And the liberals say, well, Milosevic had a plan to ethically kill. Well, we sure implemented that plan, did we not? We drove out a million Albanians. And when we look at those kids suffering, that's right we had a problem with the bill and wanted to kill it, because the President said he would veto it if we stopped him from expanding Kosovo.
I will not let him be nominated for the Nobel Peace Prize to save his legacy by getting people killed.
Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
It is extraordinary that the majority cannot stand for the fact that President Clinton has done something right and that we are about to win a great victory in Yugoslavia. It is absolutely extraordinary. Foreign policy historically in this country has been conducted on a bipartisan basis.
We are about to succeed, and yet they stand in the well of the House and want to say what a terrible policy it was and how we should cut off funding. That is an extraordinary result.
Mr. Speaker, I yield 3 minutes to the gentleman from Washington (Mr. Dicks).
(Mr. DICKS asked and was given permission to revise and extend his remarks.)
Mr. DICKS. Mr. Speaker, I support this rule and I would like to thank the gentleman from California (Mr. Dreier) and the ranking member, the gentleman from Massachusetts (Mr. Moakley) for their indulgence last night as the gentleman from California (Mr. Cox) and I put the finishing touches on our bipartisan amendment.
This rule makes in order the Cox-Dicks amendment as the first order of business this morning. We have a strong bipartisan response to the security problems at the Department of Energy and the other security problems identified in the report of our committee. I urge every Member to support the amendment.
The gentleman from California (Mr. Cox) and I worked in good faith to identify a common ground on these issues. And the amendment, while not perfect in either of our eyes, is a good compromise. We have agreed to work on several issues in conference where we have common goals but where the amendment's language may require perfection and adjustment.
In particular, it was my intention that the amendment would not affect the nuclear navy, and this is an example of an issue that we have committed to work out in conference. We have also agreed to address in conference concerns that by requiring the Department of Defense to hire security personnel at launch campaigns we may undermine existing bilateral agreements with China and Russia. The rule makes in order a range of amendments related to similar security concerns. Members are right to be concerned about this issue, and I think most of these amendments attack the right issues.
{time} 1145
In almost every case, our amendment has a very similar or even identical provision to those being offered by other Members. While I respect every Member's right to offer their amendment in order under the rule, I urge those Members to consult our amendment and not offer it where it duplicates provisions that may have already passed the House.
In particular, I cannot support the Ryan amendment, number 7, which largely duplicates the moratorium provision in the Cox-Dicks amendment but reduces incentive for security improvements at the labs by extending a punitive moratorium on the labs well after appropriate security measures are in place. I support the rule and urge Members to support the Cox-Dicks amendment.
I also want to associate myself with the remarks of the gentleman from Texas. I think this is one of the most extraordinary situations where we would be considering cutting off money for the peacekeeping effort that is going to come after this victory in the air war. And I think we should be here today congratulating the young men and women who have flown 30,000 sorties in Kosovo for the tremendous job that they have done.
We have not lost a single American life in combat. And we have seen also for the first time the use of the B-2 bomber, the use of JDAMs. This has been one of the most effective military operations in the history of the country. And when I go over there and talk to the personnel, their faces are not dragging. They are proud of what they are doing. They are proud of what they have been trained to do, and they are accomplishing it. And they did a tremendous job.
And for this House to be voting on whether we are going to support this effort at this point is utterly ridiculous, and I hope the majority will reconsider their position and support the effort.
Mrs. MYRICK. Mr. Speaker, I yield 1 minute to the gentleman from California (Mr. Cunningham).
Mr. CUNNINGHAM. Mr. Speaker, I would like to respond to the gentleman from Texas again. He said the President is doing the right thing.
We do not kill more civilians in Kosovo than the Serbs do and call that a victory. We do not increase the forced removal of Albanians faster than the Serbs did and call that a win. We do not cost us a hundred billion dollars in rebuilding Kosovo and the cost of this war and cut money out of Social Security, Medicare, education, and medical research and call that a win. We do not damage our relationship with Russia and China and call this a win.
Yes, I am very, very proud, I say to the gentleman from Washington
(Mr. Dicks), of our military. The gentleman knows me by now, and I support them 100 percent.
But I want my colleague to take a look at this document and apply it. It says that eighty percent of the people in this country do not trust the President of the United States. Only 69 percent do not trust Milosevic.
Mr. FROST. Mr. Speaker, I yield 3 minutes to the gentlewoman from Georgia (Ms. McKinney).
Ms. McKINNEY. Mr. Speaker, I rise to support this rule, and I call upon the President of the United States to bring an immediate end to the illegal and immoral bombing of the former Republic of Yugoslavia.
From the beginning of the bombing campaign, the Clinton administration has asserted that there are only two alternatives available to us: either do nothing to end the violent oppression of the people of Kosovo, or bomb.
That premise is false. And following it, President Clinton set us on a course that former President Carter correctly described as counterproductive, senseless, and excessively brutal. I would add also, entirely avoidable.
NATO made a grievous miscalculation in offering an ultimatum to Milosevic at Rambouillet that included provisions in Appendix B that amounted to a NATO military occupation of all of Serbia.
Either by design or miscalculation, we abandoned diplomatic channels that were still open in favor of ultimatums and brinksmanship. The result, as we all know, has been the worst humanitarian disaster in Europe since the end of the Second World War.
For the past 2\1/2\ months, we have seen vivid evidence of man's capacity for cruelty to his fellow man. Throughout, each side has engaged in a media bidding war each attributing to the other for foreign and domestic political consumption the greater aggression, the greatest atrocity, the most horrific violations of human dignity.
I fear that when this war ends, and I fervently hope that it will end soon, we will be subjected to another media war, with each side claiming victory. I do know that our efforts to help the people of Kosovo have left them a nation of refugees with their civilian infrastructure destroyed. We have become a military ally of a terrorist organization, the KLA, and we have effectively destroyed the non-
violent Democratic opposition to Milosevic in Yugoslavia. We have trampled international law, marginalized the United Nations, ignored the War Powers Act, and violated the Geneva Convention's prohibition against targeting civilians.
Closer to home, we have diverted billions of tax dollars from Social Security and nutrition programs to weapons programs, and our relations with nuclear powers China and Russia have been set back to the days of the Cold War.
It is clear to me that there are no winners in this war, no winners, with the possible exception of the weapons makers and the undertakers.
Mr. Speaker, cluster bombs dropped on civilians are never and will never be a form of humanitarian intervention. It is time for us to put aside the egos of men and declare peace for our children. It is time to end the bombing.
Mrs. MYRICK. Mr. Speaker, I reserve the balance of my time.
Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentlewoman from California (Ms. Woolsey).
(Ms. WOOLSEY asked and was given permission to revise and extend her remarks.)
Ms. WOOLSEY. Mr. Speaker, I am disappointed that today's defense authorization bill does not address the defense burden which the United States continues to shoulder for our European allies.
My colleagues, I think we need a history lesson. Lesson number one: The Second World War ended more than 50 years ago. Lesson number two: The Cold War ended 8 years ago. And in case we forget, we won.
We defeated fascism and we defeated communism. But the defense bill completely ignores this reality.
Right now many of our European allies enjoy a higher standard of living than we do here in America. Somehow these nations can support education, they can support health care, child care, and vital social programs because we keep paying their military bills. It appears that our European allies have gotten used to American taxpayers picking up the tab for their common defense and they do not feel obligated to increase their contributions. I do not know about my colleagues, but I am tired of Uncle Sam acting like Uncle Sucker.
Right now, one U.S. Army division in peaceful Europe costs the United States taxpayers $2 billion a year. With that money we could fund 50,000 new teachers. With $2 billion we could offer a college education, including tuition, fees and books to 500,000 students who could not otherwise afford college.
The time has come. The time has come, Mr. Speaker, for our allies to share the burden of their own defense. The time has come for shared responsibility. The time has come for the United States to reap the investment that we have made in our country so that we can invest in our children, our seniors, and our environment.
That is why I urge my colleagues to support the Shays-Franks amendment to increase burden sharing.
Mrs. MYRICK. Mr. Speaker, I yield 7 minutes to the gentleman from California (Mr. Hunter).
Mr. HUNTER. Mr. Speaker, I thank the gentlewoman for her excellent leadership of this very, very important rule.
I want to thank the ranking member and all the members of the Committee on Rules who did struggle to put together a rule that was laid against a background of a number of very strong concerns by Members of the House. They have done an excellent job, and I urge all Members to vote for this rule.
My colleagues, let us take a look at the state of defense. That is the situation that this rule and this bill address. The state of defense is that we have a force structure, meaning an Army, a Navy, an Air Force and a Marines that are a little more than half the size that they were just a few years ago.
In 1990, we had 18 army divisions. Today we have been cut down to 10. We had 24 fighter air wings, active air wings. Today we are down to 13. We had 546 navy ships. Today we are down to 325 and dropping.
Now, the gentlewoman that just spoke talked about things that we could do with the money that we could cut from defense. I am here to tell her we have cut an enormous amount of money in defense. This bill is roughly $150 billion less in real dollars than the defense bill that this House passed in 1985. We have slashed defense.
The state of defense is this: We are short on ammunition. Across the spectrum, starting with cruise missiles and going down to the smallest M-16 bullets, we are short even after we passed this bill; and considering the full amount that was put into the supplemental, we will still be short, by our analysis, about $13 billion dollars below the two-war requirement that was laid out as the responsibility for this government to fulfill so that our fighting people would have enough ammo in their bandoliers should we have to fight a two-contingency or two-war situation.
With respect to spare parts, we are down on spare parts. And every time we are told by a member of the Pentagon that spare parts are looking better, that the accounts are being filled, we go out to the field and we find that all the services across the board, the Marine Corps, the Air Force, the Army and the Navy, are down about 10 percent in mission capability.
That means that if we asked the Navy how many of their fighter aircraft are able to do the mission, it is a little over 7 out of 10. That means 3 out of 10 cannot do the mission. With the Marine Corps and the Navy, actually it is down to about 61 percent mission capability. That means 4 out of 10 cannot do their mission.
With respect to personnel, we are going to be about 800 pilots short this year in the Air Force, and that figure is rising. Remember, we do not have a draft. We cannot force people to join the military and serve this country.
I know Members of this House and members of the country, our constituents, are also amazed when they travel abroad or they go to a military base or they talk to our military, our men and women in uniform, and they look at the very difficult jobs that they fulfill every day, jobs that are much less convenient, much less comfortable than most of the jobs on what they call the outside; that is, the civilian economy. And yet they do that because they have a dedication to this country.
We are low on military pay. Since 1980, we have allowed that pay gap between the civilian and the military sector to widen to 13\1/2\ percent. That means an electronics technician in the Navy gets, on the average, 13\1/2\ percent less than if he was working on the outside. And that is one reason why we are 18,000 sailors short right now and 800 pilots short in the Air Force.
And we are short Apache helicopter pilots. And we are seeing a bigger and bigger separation rate even in Marine aviation, which has also had the highest retention rate. We have lost a lot of aircraft in the last year.
One of the best examples of the best reflection of how old our force is and our equipment is, is how many of them fall down in peacetime and crash. We lost, by our calculations, in the last 14 months, 55 military aircraft crashing in peacetime operations, with 55 fatalities involved, 55 men and women in uniform dying as a result of military aircraft going down in peacetime operations.
We are not replacing aircraft as fast as we are crashing them because we have an inadequate budget. Well, let us go to the budget and what we do with this defense bill. We do increase defense spending a very small amount. We do not come anywhere close to starting to close that $150 billion gap, that cut between what we spent in 1985 and what we spend today, but we are starting to turn the corner.
We put in more money for ammunition, more money for spare parts. We are putting in a little more money for modernization. That means replacing some of those old systems that are crashing on us now with new systems, with new platforms. We are trying to address this problem with respect to the national labs.
Let me just say with respect to the Cox report and the Cox-Dicks package that is going to be put into place, I want to applaud my colleagues for putting that together.
I do want to say, with respect to the Ryan amendment, that would give a 2-year moratorium on foreign visitors to the laboratory. I think that is much more reasonable than the 30-day moratorium that has been offered in the report. In that sense, I think there has been some watering down of what I know some of the leaders of the report on both sides of the aisle would like to see.
I do not see any reason to have Iraqis and Iranian nationals coming over from their countries and go into laboratories in our nuclear procurement system, in our nuclear development system, any laboratory in the U.S.
So we have an excellent bill before us.
{time} 1200
I do commend our colleagues for putting together a package with respect to lab security with respect to foreign visitors. I think we need to go with the Ryun amendment. I also see the hand of industry to some degree in neutralizing a tough supercomputer transfer to China amendment; that is, we are still going to allow supercomputers to be transferred to China even though we have done no end use verification to speak of in the last couple of years.
Mr. Speaker, this bill starts to turn the corner on rebuilding national security. Let us vote for the rule and vote for the bill and get on with our work.
Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
We have a great paradox before us today. As the gentleman from Missouri (Mr. Skelton), the ranking Democrat, outlined, this is a good piece of legislation. It is a terrible rule for a good piece of legislation, and it is a terrible rule because the majority leadership has chosen to make in order an amendment which would deny funds and also to preserve in the bill a provision that they had originally stricken 2 weeks ago but now they have put back in the bill which would deny funds for peacekeeping in Kosovo.
The rest of the bill is fundamentally a good bill. But this is truly extraordinary that as we are on the brink of a great victory and success that members on the majority cannot acknowledge success, cannot acknowledge that we have scored a victory but must persist till the very end in trying to score political points against a President and a policy that they do not like.
Mr. DICKS. Mr. Speaker, will the gentleman yield?
Mr. FROST. I yield to the gentleman from Washington.
Mr. DICKS. It is almost as if they just cannot cope with the fact that Bill Clinton, President of the United States, the Commander in Chief, the head of the free world and NATO, has put together this coalition to stop this terrible ethnic cleansing. And I understand some of the arguments that are made but the bottom line is that it has worked. We are on the verge of establishing the peace. Yet we are here voting on whether we are going to cut off the money for the operation. In my whole career, I have not seen anything more ludicrous than this.
Mr. FROST. It is particularly extraordinary because the gentleman and I 10 years ago supported President Bush when he was attempting to succeed against Saddam Hussein and in fact was successful against Saddam Hussein. We went across party lines and joined with the Republican President and rejoiced in the success of a Republican President.
Mr. DICKS. And once the decision was made to go, if the gentleman will continue to yield, there was no undercutting or backstabbing or trying to go back and revisit the decision. The decision was made and then we rallied around the decision and we were proud of our forces when they did an outstanding job. Instead, we still have these votes day after day here to try to undermine the policy, which is ridiculous. We should be supporting this. It is a very successful military campaign, one of the most successful in the history of this country, without the loss of a single life. Two kids in a test situation were killed unfortunately but to execute this air war, it is one of the most incredible things that I have ever seen in my 21 years on the defense subcommittee.
Mr. FROST. Reclaiming my time, as I tried to say throughout this debate, this is really a sad day for us here in the House of Representatives, that the majority feels obligated to grab hold of the President like a dog with a bone and not let go, will not let go in the face of success. I do not understand it, and I do not think people watching this and I do not think people reading about this, whether they are in the United States or whether they are in Europe, will understand what is being done here today. This is a fundamentally good bill. There are a lot of very good things in this bill. Yet the majority spoils this entire consideration today by refusing to accept a successful military operation.
Mr. Speaker, I yield back the balance of my time.
Mrs. MYRICK. Mr. Speaker, I yield myself such time as I may consume. Just a couple of things in relation to the comments from the gentleman. I suggest that you ask the Apache crew if there was not a loss of life and also the Kosovo funding amendment passed overwhelmingly in the House. It was a bipartisan agreement, too, I might say. So I want to say that this is not a partisan rule that is being brought to the floor because we are going to have this discussion. There were 99 amendments total presented and 47 of them were made in order. I will say based on the percentages of each Republican and Democrat body that were presented, the percentages are very, very fair. We will have about 20 hours, anyway, of debate on this over the next couple of days. So it is very encouraging to me that we are going to be expressing the will of the House again and the debate that will go on will be very fair and open and allow us to give great discussion for this very fair rule. I also urge all of my colleagues to support the rule so we can have this open and fair debate on the floor.
General Leave
Mrs. MYRICK. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the rule under consideration.
The SPEAKER pro tempore (Mr. LaTourette). Is there objection to the request of the gentlewoman from North Carolina?
There was no objection.
Mr. SAXTON. Mr. Speaker, it is clear that over the course of the last decade the United States' military has been in a constant state of decline. With the current challenges confronting U.S. armed forces in the Yugoslav Republic of Kosovo, our ability to meet worldwide commitments is increasingly strained; our ability to conduct even smaller military operations is at risk, as well. This rule provides an answer to these concerns.
The Joint Chiefs of Staff cited the diminished quality of life, readiness, and modernization requirements that have pervaded the armed forces. With respect to the National Defense bill, allow me to state for the record that this bill begins to address each of these flaws.
The bill increases our forces' quality of life by providing $8.6 billion for military construction and family housing, $3.1 billion more than the administration's request.
The bill specifically addresses the readiness of our military, providing $106.5 billion for operations and maintenance, $2.8 billion more than the administration's request.
The bill ensures that the United States will not maintain the status quo but will continue modernization by providing $3.7 billion for the Ballistic Missile Defense Organization, a $417 million more than the administration's request.
As we near the dawn of a new millennium, the international political situation is growing increasingly unstable. Our current involvement in the Balkans reminds us that the end of the Cold War has brought with it not a more stable world, but an increasingly volatile one. Our only insurance against future confrontations is a powerful and adept military; this bill provides the funding to ensure one. Overall, this bill strengthens our military and ensures the safety of both our troops and our citizens.
This is a good rule, and I strongly urge you to support our troops by voting for it.
Mr. KIND. Mr. Speaker, I rise today to express my disappointment with this rule.
First, I am deeply troubled by the continued, misguided attempt to limit this Nation's ability to execute operation allied force and end the atrocities in the Balkans.
In addition, two weeks ago, when this authorization bill was first brought to the House floor, Mr. DeFazio offered an amendment that was ruled out of order. The DeFazio amendment would have increased funding for the youth challenge program by eliminating one corporate-style jet for the military.
Youth Challenge is a program that has been funded through the Army National Guard since 1993. Youth Challenge reaches out to young people aged 16 to 18 who have either dropped out of high school or are at risk for dropping out. Youth Challenge combines academics with physical fitness, job skills training, community service, counseling and leadership training. Privileges are earned through hard work, merit and discipline. Through Youth Challenge, over 12,000 young people received a G.E.D. who otherwise, very likely, would not have received any diploma at all.
I had the privilege of visiting the Wisconsin National Guard Youth Challenge Program last week at Fort McCoy. I was quite impressed by the dedicated staff of National Guard and civilian employees which includes certified teachers, counselors and nurses. Students attend from across the State, and students, parents and community leaders familiar with the program praise its results.
Youth Challenge helps kids who are at the ends of their ropes but who haven't yet fallen. In the wake of recent school shootings, we are all beginning to realize that we must reach out to young people who have become alienated from their peers and estranged from their communities. Youth Challenge works to build self-esteem in its students, and its focus on teamwork, leadership, and public service help reconnect students to their families and communities.
However, Youth Challenge programs nationwide receives many more requests for admission than they can accept given current funding levels. The DeFazio amendment would have helped get this program to more kids in more States.
Mr. Speaker, I tend to be skeptical of military authorizations and appropriations bills, not because I doubt the needs of our men and women in service, but because I doubt that Congress will sincerely act to meet those needs without loading-in special interest and pork barrel projects.
Youth Challenge is the opposite of pork barrel politics. It is a program that could be available nationwide. It enhances the stature and presence of the National Guard in local communities and provides ongoing leadership training to Guard members and gives them a chance to interact with the country's youth.
I understand that an agreement may be worked out to fully-fund Youth Challenge between now and the time we debate defense appropriations. I applaud the efforts of Mr. DeFazio, as well as those of Mr. Skelton and Senators Stevens and Inouye in working hard to see that this excellent program is continued.
Mr. Speaker, we are here today to debate planes, ships, bombs and bullets. Youth Challenge is the kind of defense program that truly increases Americans' faith in their government and those entrusted with national security. I hope Members don't lose sight of this in their zeal for political pork and maneuvering.
Mrs. MYRICK. Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution.
The previous question was ordered.
The SPEAKER pro tempore. The question is on the resolution.
The question was taken; and the Speaker pro tempore announced that the ayes appeared to have it.
Mr. FROST. Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
The vote was taken by electronic device, and there were--yeas 354, nays 75, not voting 6, as follows:
YEAS--354
AbercrombieAckermanAderholtAllenAndrewsArcherArmeyBachusBairdBakerBaldacciBallengerBarciaBarrBarrett (NE)BartlettBartonBassBatemanBentsenBereuterBerkleyBermanBerryBiggertBilbrayBilirakisBishopBlagojevichBlileyBlumenauerBluntBoehlertBoehnerBonillaBonoBorskiBoswellBoucherBoydBrady (PA)Brady (TX)Brown (FL)Brown (OH)BryantBurrBurtonBuyerCallahanCalvertCampCampbellCanadyCannonCappsCarsonCastle ChabotChamblissClaytonClementCobleCoburnCollinsCombestConditCookCookseyCostelloCoxCoyneCramerCraneCrowleyCubinCummingsCunninghamDannerDavis (FL)Davis (IL)Davis (VA)DealDeLayDeMintDeutschDiaz-BalartDickeyDicksDixonDooleyDoolittleDoyleDreierDuncanDunnEdwardsEhlersEhrlichEmersonEngelEnglishEtheridgeEverettEwingFarrFletcherFoleyForbesFordFossellaFowlerFrank (MA)Franks (NJ)FrelinghuysenFrostGalleglyGanskeGekasGibbonsGilchrestGillmorGilmanGonzalezGoodeGoodlatteGoodlingGordonGossGrahamGrangerGreen (TX)Green (WI)GreenwoodGutierrezGutknechtHall (OH)Hall (TX)HansenHastertHastings (WA)HayesHayworthHefleyHergerHill (IN)Hill (MT)HillearyHobsonHoeffelHoekstraHoldenHornHostettlerHoughtonHoyerHulshofHunterHutchinsonHydeInsleeIsaksonIstookJackson-Lee (TX)JeffersonJenkinsJohnJohnson (CT)Johnson, E. B.Johnson, SamJones (NC)KapturKasichKellyKennedyKildeeKing (NY)KingstonKnollenbergKolbeKuykendallLaHoodLampsonLantosLargentLarsonLathamLaTouretteLazioLeachLevinLewis (CA)Lewis (KY)LinderLipinskiLoBiondoLoweyLucas (KY)Lucas (OK)Maloney (CT)Maloney (NY)ManzulloMarkeyMascaraMatsuiMcCarthy (MO)McCarthy (NY)McCollumMcCreryMcGovernMcInnisMcIntoshMcIntyreMcKeonMcKinneyMcNultyMeehanMetcalfMicaMillender-McDonaldMiller (FL)Miller, GaryMinkMoakleyMollohanMooreMoran (KS)MorellaMurthaMyrickNapolitanoNealNethercuttNeyNorthupNorwoodNussleOrtizOseOxleyPackardPascrellPastorPaulPeasePeterson (PA)PetriPhelpsPickeringPickettPittsPomboPomeroyPorterPortmanPrice (NC)Pryce (OH)QuinnRadanovichRahallRamstadRegulaReyesReynoldsRileyRiversRodriguezRoemerRoganRogersRohrabacherRos-LehtinenRothmanRoukemaRoybal-AllardRoyceRyan (WI)Ryun (KS)SalmonSanchezSandlinSanfordSawyerSaxtonScarboroughSchafferScottSensenbrennerSerranoSessionsShadeggShawShaysSherwoodShimkusShowsShusterSimpsonSisiskySkeenSkeltonSlaughterSmith (MI)Smith (NJ)Smith (TX)Smith (WA)SnyderSouderSpenceSprattStearnsStenholmStricklandStumpSununuSweeneyTalentTancredoTannerTauscherTauzinTaylor (MS)Taylor (NC)TerryThomasThompson (CA)ThornberryThuneThurmanTiahrtToomeyTraficantTurnerUptonVitterWaldenWalshWampWatkinsWatts (OK)WaxmanWeinerWeldon (FL)Weldon (PA)WellerWexlerWeygandWhitfieldWickerWilsonWiseWolfWoolseyYoung (AK)Young (FL)
NAYS--75
BaldwinBarrett (WI)BecerraBoniorCapuanoCardinClayClyburnConyersDeFazioDeGetteDelahuntDeLauroDingellDoggettEshooEvansFattahFilnerGejdensonGephardtHastings (FL)HilliardHincheyHinojosaHoltHooleyJackson (IL)Jones (OH)KanjorskiKilpatrickKind (WI)KleczkaKlinkKucinichLaFalceLeeLewis (GA)LofgrenMartinezMcDermottMeek (FL)Meeks (NY)MenendezMiller, GeorgeMingeNadlerOberstarObeyOlverOwensPallonePaynePelosiPeterson (MN)RangelRushSaboSandersSchakowskyShermanStabenowStarkStupakThompson (MS)TierneyTownsUdall (CO)Udall (NM)VelazquezVentoViscloskyWatt (NC)WuWynn
NOT VOTING--6
Brown (CA)ChenowethLutherMcHughMoran (VA)Waters
{time} 1225
Mr. TOWNS and Mr. FATTAH changed their vote from ``yea'' to ``nay.''
So the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
House Resolution 195 was laid on the table.
Stated for:
Mrs. CHENOWETH. Mr. Speaker, on rollcall No. 179, I was inadvertently detained. Had I been present, I would have voted ``yea.''
The SPEAKER pro tempore (Mr. LaTourette). Pursuant to House Resolution 200 and rule XVIII, the Chair declares the House in the Committee of the Whole House on the State of the Union for the consideration of the bill, H.R. 1401.
{time} 1228
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the Whole House on the State of the Union for the consideration of the bill
(H.R. 1401) to authorize appropriations for fiscal years 2000 and 2001 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal years 2000 and 2001, and for other purposes, with Mr. Nethercutt in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having been read the first time.
Under the rule, the gentleman from South Carolina (Mr. Spence) and the gentleman from Missouri (Mr. Skelton) each will control 30 minutes.
The Chair recognizes the gentleman from South Carolina (Mr. Spence).
{time} 1230
Mr. SPENCE. Mr. Chairman, I yield myself such time as I might consume.
(Mr. SPENCE asked and was given permission to revise and extend his remarks.)
Mr. SPENCE. Mr. Chairman, on May 19, the Committee on Armed Services reported H.R. 1401 on a bipartisan vote of 55 to 1. Despite the strong vote on what I believe is a very good bill, our military is still confronting its most serious problem since the hollow military days of the 1970s. The committee's approach to this and previous bills has been shaped by long-standing concerns over the risk America's Armed Forces face today. Although public perception is that the post Cold War world is stable, three basic trends ought to give every American cause for concern.
First, the level of resources that the United States devotes to national defense remains at historical lows. Not since before World War II has defense spending represented such a small proportion of the Nation's Gross Domestic Product as it does today. Despite being the world's wealthiest Nation, a Nation with important interests all over the world and the world's only remaining superpower, we devote only 3 cents out of every dollar of the Nation's GDP to national defense.
Second, our Armed Forces are being tasked at a record pace with an average expanding list of peacekeeping, peacemaking and other contingency missions. From Panama to the Persian Gulf, to Somalia, Rwanda, Haiti, the Balkans, Korea and the Taiwan Straits, our troops are over-extended and operate at levels that simply cannot be sustained over time.
Third, the world is an increasingly dangerous place, especially in regard to the proliferation of ballistic missiles, weapons of mass destruction and other high technology capabilities through our potential adversaries. Many of our theater commanders have told us quite frankly that if we had to fight a large scale war today, we should expect higher casualties among our forces, our allied forces, and civilians.
As a result, it has become increasingly difficult for our military to protect and promote our national security interests around the world. That is why over the past nine months the Joint Chiefs of Staff have concluded that the ability of our Armed Forces to execute the national military strategy involves moderate to high risk, and this disturbing risk assessment was made before the operation in the Balkans began several months ago. Operation Allied Force now qualifies as a third major theater war, entirely separate from any threat or conflict in the Persian Gulf or in Korea. As we continue to read in the media reports, the air war in the Balkans might easily change to a peacekeeping operation on the ground.
The committee has repeatedly expressed its concerns about the declining defense budgets, increasing missions and rising threats for years. With the Joint Chiefs speaking more openly over the past year about these significant risks and problems and shortfalls, the administration seems to be turning the corner on the issue of America's national defense needs.
In his State of the Union speech earlier this year, President Clinton spoke of the need for a ``Sustained increase over the next 6 years for readiness, for modernization and for pay and benefits for our troops and their families.''
In fact, the President's three themes, quality of life, readiness and modernization, have been the focus of the Committee on Armed Services' efforts for years now. Unfortunately, the reality of the President's defense budget request has fallen short of the rhetoric. The President's defense budget request was riddled with overly optimistic economic assumptions and budget gimmicks, all of it directly linked, even held hostage, to the President's domestic political agenda on Social Security.
But even with all of the political linkages, gamesmanship and gimmicks, the President's fiscal year 2000 defense budget request provided only about one-half of the funding necessary to meet the unfunded requirements identified by the Chiefs of Staff and only about one-half of the unfunded requirements identified over the 6-year budget plan.
It is in this context that the committee has added, consistent with the budget resolution, more than $8 billion to the President's request and has targeted crucial additional funding for a variety of badly needed quality of life, readiness and equipment modernization needs. But despite the committee's best efforts, we are only managing the growing risk to our national security, not eliminating them.
In my view, a high risk strategy is an unacceptable strategy and certainly unworthy of the United States of America. Absent a long term sustained commitment to revitalizing America's Armed Forces, we will continue to run the inevitable risk that comes from asking our troops to do more with less.
As Secretary of Defense Cohen recently said, ``We have a situation where we have a smaller force and we have more missions, and so we are wearing out systems, wearing out our people.''
Mr. Chairman, in this increasingly dangerous world, there is no such thing as acceptable risk. Unless the Nation fields the forces and provides the resources necessary to execute the national military strategy, the inevitable alternative is for our country to retreat from its responsibilities and interests. This ought to be unacceptable to all Members and to all Americans.
Mr. Chairman, I will leave a discussion of the many specific initiatives contained in this bill to my colleagues on the committee who have worked very hard since February to get us to the point we are at today. However, I would like to recognize the hard work of the subcommittee and panel chairmen and ranking members. Their leadership and bipartisan approach to issues has permitted our committee to significantly improve upon the administration's request in this bill.
In closing, Mr. Chairman, I would also like to thank the staff. Without their expertise and tireless efforts, we would not be here today.
Mr. Chairman, I support this bill.
Mr. Chairman, I reserve the balance of my time.
Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise in very strong support of H.R. 1401, the National Defense Authorization Act. For some time now I have been saying that we must make this the year of the troops. This bill goes a long way towards showing the men and women in our military that we are committed to taking care of them and committed to taking care of their families. This is an excellent bill, the best defense bill that we have had in this Chamber since the early 1980s. It deserves support from every Member in this House.
Let me commend our colleague and friend, the Chairman of the Committee on Armed Services, the gentleman from South Carolina (Mr. Spence), and thank him, as well as the subcommittee chairmen and the ranking members of our committee, for their leadership and diligence in putting this legislation together. The overwhelming committee support, a vote of 55 to 1, approved this bill, demonstrates that we on our committee were successful in the efforts in drafting a truly bipartisan measure.
This bill is a very strong bill for our United States national security, which builds upon the President's proposal to increase defense spending by $112 billion over the next 6 years. But, most important, Mr. Chairman, the bill addresses the quality of life issues that are at the top of the agenda for the service members and their families. This is the year of the troops.
The compensation package, which includes a 4.8 percent pay raise, pay table reform, and reform of the retirement system, will help address the problems in our Armed Forces. Other provisions will help in recruiting and retention, which is very, very important. Improvements in the Tricare military healthcare system and an increase in funding for military family housing, all of these go toward quality of life and helping to make life better for those who work in uniform as well as their families.
In addition to quality of life improvements, I am pleased this bill includes increases for funding for procurement of weapons, for ammunition, for equipment, for research and development and for operations and maintenance. This will enable us to modernize our forces to where they should be.
Mr. Chairman, the only reservation about this concerns problems relating to issues about the Federal Republic of Yugoslovia. In particular, section 1006 of this bill prohibits the use of funds authorized from this legislation for the conduct of either combat or peacekeeping operations in the Federal Republic of Yugoslovia. It is way too restrictive. It could result in funds being cut off while our troops are in the field.
As we speak, we, America, the NATO forces, are on the one foot line and they are there nearing a victory. We do not walk away from the ball game with a victory well in hand. Moreover, it sends the wrong message to our troops, to the President of Yugoslovia, Mr. Milosevic. If this language remains in the DOD authorization bill, it will be subject to a veto by the President.
Therefore, I urge all Members to support an amendment which I will have which requires a striking of section 1006.
Mr. Chairman, there are other amendments that I would oppose of the gentleman from Indiana (Mr. Souder) and the gentlewoman from Florida
(Mrs. Fowler), both relating to Yugoslovia. I would urge people to support the amendment of the gentleman from Mississippi (Mr. Taylor), which outlines the goals for our operations in Yugoslovia.
Basically, Mr. Chairman, this is an excellent bill, with the one wart which I spoke about. Let us pass this bill, but let us also pass the amendment I offer to strike that section which really does not belong here.
Mr. Chairman, I reserve the balance of my time.
Mr. SPENCE. Mr. Chairman, I yield 5 minutes to the gentleman from Virginia (Mr. Bateman), the chairman of the Subcommittee on Military Readiness.
Mr. BATEMAN. Mr. Chairman, I too rise today in strong support of this bill. I believe the committee has done a superb job in fulfilling its role and has done its best to provide the necessary funding and direction to support the readiness of our military forces. Is this enough to fix all of the readiness problems? Unfortunately, no. Is it in the right direction? Absolutely.
For too many years now, the readiness for our military forces has been marred by an ever increasing number of contingency operations without any additional funding to accompany those operations. This pattern has led to the decline of our military readiness which we are all now too familiar with.
At hearings in Washington and in the field, the committee repeatedly heard concerns and pleas for help to address readiness and quality of life problems in our military forces. As in previous years, these concerns focused on lack of spare parts, backlog of maintenance and repair of aging equipment and facilities, and a force that continues to do more with less.
The committee also heard disturbing testimony on the shortfalls and problems at the services major combat training centers. These concerns are not new to us. Stories of back-to-back deployment, cannibalizing combat equipment for spare parts and personnel shortages are not new to me or to anyone else on my subcommittee.
I am happy to report this year that such stories are finally reaching and affecting the administration. Leaders within the Department of Defense, the military services, have at last come forward to express their own concerns with the status of readiness. This year the President's budget did increase the level of spending for operation and maintenance. However, an analysis of the budget quickly revealed that the touted increase in funding was much more than a mirage. Behind the smoke and mirrors, the committee could not find the increases needed to do more than slow down the decline in readiness. Nevertheless, the administration's recognition of the problem is a positive and welcome step forward.
I would like to quickly outline the areas in which the committee is most concerned and was able to increase the level of funding beyond the President's request.
{time} 1245
The bill recommends an increase of $271 million for aircraft spare parts, $340 million for depot maintenance, $112 million to improve training center operations, equipment, and facilities, and finally,
$1.6 billion to address the backlog of facilities maintenance and shortfalls in base operation funding.
The bill also provides funding to improve the day-to-day life of our military men and women, such as providing additional funding for cold weather gear, maintenance and corrosion control of aging equipment.
As I stated earlier, this bill will not fix all the readiness and quality of life problems of our military forces, but it will go a long way to putting them on the road to recovery.
I want to thank all the members of the subcommittee for their commitment to this area of our national defense. I particularly want to thank the ranking member of the Subcommittee on Military Readiness, my good friend, the gentleman from Texas (Mr. Ortiz). His leadership and knowledge of the issues has enabled the subcommittee to deal with several difficult issues that have transcended political lines.
I also rise to express my strong support for the recommendations of the Merchant Marine Panel, which I also chair. They are contained in this legislation, as well. The Merchant Marine Panel's recommendation consists of two parts. The first is the annual authorization for the United States Maritime Administration. This bill fully funds the Administration's request for the Maritime Administration, and provides a much needed increase of $7.6 million for the United States Maritime Academy. This money will begin to address the Academy's most serious capital maintenance problems.
In addition, the bill includes a $25 million increase to Title XI shipbuilding loan guarantee programs in order to address the expected shortfall of available shipbuilding loan guarantees.
H.R. 1401 also contains the panel's recommendations for the Panama Canal Commission. I should note that this will be the final authorization for expenditures for the Panama Canal Commission. Since the canal began operations on August 15, 1914, the United States Congress has overseen the operations of this critical waterway. This bill funds the Commission through the first quarter of Fiscal Year 2000, and includes several administrative provisions related to the transfer of the canal from the jurisdiction of the United States to the Republic of Panama on December 31, 1999.
Mr. Chairman, H.R. 1401 is a responsible, meaningful bill that will provide adequate resources for the improvement of readiness in our armed forces, and provides the necessary funding for the United States Maritime Administration and the Panama Canal Commission.
I urge my colleagues to vote yes on this important measure.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from Virginia (Mr. Sisisky).
Mr. SISISKY. Mr. Chairman, I thank the gentleman for yielding time to me.
Mr. Chairman, I ask all of my colleagues to support the FY 2000 defense authorization bill. As the ranking member on the Subcommittee on Military Procurement, I think we have produced a balanced bill that begins to reverse the downward spiral of procurement budgets over the last few years.
One of the strong points of the procurement section is that we have authorized multiyear procurements for a number of key programs. They include the Navy's F18-E and F, the Javelin missile, Bradley fighting vehicles, the Army Apache Longbow helicopter and Abrams tank upgrades.
Multiyear procurement is a good way to stabilize production while reducing costs for the taxpayer. I congratulate the gentleman from California (Chairman Hunter) on deciding to do it. It makes good sense.
I also want to thank him for his leadership in other areas. One in particular is laying out the plan to use alternate technology in the orderly and systematic and safe destruction of chemical weapons.
We have also tried to lay out a plan for the systematic review and oversight of the F-22 program. We all worry about the projected costs of this program, and this bill requires the United States Air Force to inform Congress early about any potential problems. We do this without prejudice, and the one thing we have learned in Yugoslavia is that we need to keep the technical edge.
Another thing I want to mention is that even with what we had, and we had a limited amount of money, that said, I will affirm that the consideration given to all members in matching their interest with the services' unfunded requirement list was fair and evenhanded. We did the best we could under the circumstances in a way that achieves everyone's goal of building a stronger national defense.
For those reasons, I ask all of my colleagues to support the bill.
Mr. SPENCE. Mr. Chairman, I yield 3\1/2\ minutes to the gentleman from California (Mr. Hunter), the chairman of our Subcommittee on Military Procurement.
Mr. HUNTER. Mr. Chairman, I want to start by thanking our chairman, the gentleman from South Carolina (Mr. Floyd Spence) for his great leadership. The gentleman is a very interesting person and a very unique person. He is a guy who has us put together this defense bill without ever making requests for his own district, only giving to us the direction that we do what is right for America. I think under his leadership we have done that in this particular bill. I thank the gentleman from South Carolina for all his friendship and leadership.
I want to thank my friend, too, the gentleman from Virginia (Mr. Sisisky), my compadre and partner in putting this bill together, along with the rest of the members of the Subcommittee on Military Procurement. The gentleman from Virginia is a person with a lot of wisdom. He has a great service background of his own, and he understands the military, he understands people, and he understands systems, and most importantly, business practices. He has injected a lot of those business practices and that philosophy into his work. I want to thank him for that.
I would also thank my good friend, the gentleman from Missouri (Mr. Ike Skelton), who has fought long and hard especially to give this country long-range air power capability. That challenge is still before us with respect to stealth capability, and I want to thank the gentleman. I know he has been monitoring the success of the B-2 bomber in its recent flights. I know it has done only a fraction of the sorties, yet it has knocked out a very large percentage of the targets. That stealth capability, married up with precision weapons, is a very important thing.
Mr. Chairman, we had a couple of themes a couple of years ago when we realized that we were not going to be building more B-2 bombers. We decided to try to arm as best we could the ones that we have. We put a lot of money, additional money, up against this challenge of arming the B-2 bombers, giving our long-range air wing what it would take to strike targets and to return safely.
We have another theme that we have embarked upon. That is to build and buy as many precision weapons as this country needs, and hopefully actually to produce a margin, a safety margin in our weapons bin so we do not run out of these precision weapons, and especially precision standoff weapons.
Now, everybody knows that for those standoff weapons, they are weapons you can launch from an aircraft. For example, if you are talking about an air launch cruise missile, hundreds of miles before you reach that heavily protected target with your aircraft and put your crew and your pilots in jeopardy you can launch that missile, you can turn around and go back without having to enter that area of jeopardy. That saves pilot's lives, it saves equipment.
We can only do that when we have a sufficient number of long-range standoff systems that are precision systems. I am here to inform my colleagues regretfully that we do not have enough of those systems today.
Similarly, with the Tomahawk cruise missile, which can also launch from many hundreds of miles away and save that pilot that otherwise would have to fly directly over a target and drop an atom bomb. We are restarting that Tomahawk line. That will give us the power hopefully to maintain a standoff capability.
Mr. Chairman, I want to thank all my colleagues who helped to put this bill together, and urge everyone in the House to vote for it. It is a turnaround for defense, it is a turnaround for rebuilding our weapons systems.
Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I might add just a footnote to what my friend, the gentleman from California (Mr. Hunter) said regarding the B-2. An article was written not long ago about the success of that weapons system, and that it was a great surprise in this conflict regarding Yugoslavia.
However, to those of us that did work hard and long, it is not a surprise that it is working just as planned. We are very, very pleased with those at Whiteman Air Force Base and those pilots and the ground crew who operate the B-2 system.
Mr. Chairman, I yield 2 minutes to the gentleman from Texas (Mr. Ortiz).
Mr. ORTIZ. Mr. Chairman, I thank the gentleman for yielding time to me.
Mr. Chairman, I would like to echo what my good friend, the gentleman from California (Mr. Hunter) just stated, for the leadership provided to this committee by our chairman and our good friend, the gentleman from South Carolina (Mr. Spence), and, of course, the ranking member, the gentleman from Missouri (Mr. Skelton), and the rest of the subcommittee chairmen and committee chairmen for the leadership they have given to us.
Mr. Chairman, I rise today in support of H.R. 1401, the defense authorization bill for Fiscal Year 2000. The committee and particularly the Subcommittee on Military Readiness had a very challenging assignment this session. We not only spent time here gathering information, but we had the opportunity of visiting our forces in the field, both here in the United States and in Europe, witnessing firsthand readiness as seen by those brave soldiers, sailors, and airmen who shoulder the responsibility of carrying out our military strategy. For their effort, we can all be proud.
It is personally satisfying to see that some improvements are being made in the readiness posture of the total force, but I do not believe that any of us would agree that we are out of the woods yet. The readiness of the first-to-deploy forces comes at a price of reduced support for deploying future forces and for vital infrastructure support.
I remain concerned that the Department's budget is built on assumptions about savings from efficiencies, outsourcing, and privatization activities that have not materialized in the past and probably would not in the future. Migration of critical maintenance dollars remains a problem.
I will say to my colleagues that this is a good bill. The committee has worked hard. We can be proud of our soldiers who are stationed all around the world. I ask my colleagues to support this bill.
Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentleman from Colorado (Mr. Hefley), the chairman of our Subcommittee on Military Construction.
Mr. HEFLEY. Mr. Chairman, I appreciate the gentleman yielding this time to me.
Mr. Chairman, I rise in very strong support of 1401. As the chairman of the Subcommittee on Military Installations and Facilities, I want to draw the attention of the House to the important provisions in this legislation concerning the military construction and family housing programs for the coming fiscal year.
On a bipartisan basis, we have found the budget request inadequate to address the scope of the need identified by the military services. This has been a problem with the President's budget request for some time.
The administration compounded the deficiencies in its budget proposal while building its fiscal year 2000 MILCON program on a risky fiscal foundation. The incremental funding of the military construction program on an outlay rate basis would surely lead to an increase in costs and delays in the delivery of facilities.
H.R. 1401 would reject this proposal on most projects. The leadership of the full committee, the gentleman from South Carolina (Chairman Spence) and our ranking Democrat member, the gentleman from Missouri
(Mr. Ike Skelton) worked closely with the subcommittee to try to find a solution that would address the needs of the military services.
H.R. 1401 would restore $3.1 billion in budget authority for military construction. That seems like a lot of money even in this town, and certainly there are a lot of competing demands for these funds. However, we felt very strongly that endorsing the incremental funding concept across-the-board would be shirking our responsibility to the taxpayer. No Member of the committee, Republican or Democrat, was willing to do that.
With these funds, we set out first to fix the broken program left to us by the Department. Nowhere was the need to do this more apparent than in the area of military housing. The administration proposed to construct or renovate over 6,200 units of military family housing and begin the construction or renovation of 43 barracks, dormitories, and BEQs for the single enlisted. That requirement will cost nearly $1.4 billion for the coming fiscal year.
However, the administration asked for only $313 million, 22 cents on the dollar, to meet the fiscal year 2000 requirement. The legislation reported by the Committee on Armed Services would add nearly $1.1 billion to the budget to ensure that this housing is built and occupied as soon as possible. In addition, our recommendations would fund an additional $75 million in military housing projects.
Similarly, we have funded the training, readiness, and other requirements of the active and reserve components at the level required to get the job done, for the most part.
As just one example, the administration funded a $251 million MILCON requirement for the Guard and Reserve at $78 million. This legislation would provide the additional $173 million in funding necessary to move forward on these requirements, and would also provide an additional
$187 million in support of the reserve components.
Regrettably, H.R. 1401 will not fix all of the problems in the President's budget request nor could the committee address adequately, in my judgment, the unfunded requirements that continue to pile up due to the broad inattention of the Department to critical infrastructure upgrades. I believe, however, we have done the prudent thing.
With this legislation, we will minimize risk to the most essential military construction projects and programs of the military services. We will dedicate limited, additional resources to meeting the unfunded needs of the military services. We will also continue to urge the Department of Defense to exercise appropriate stewardship on behalf of the taxpayer in the military infrastructure and facilities that serve as the platform for the defense of the Nation. The soldiers, sailors, airmen, and Marines who serve every day deserve no less than that.
In closing, I want to express again my appreciation to the members of the subcommittee I chair, especially the ranking Democratic member, Gene Taylor, for their contributions to this bill as well as their patience, understanding, and cooperation as we worked through a difficult budget request. The subcommittee's recommendations were adopted by voice vote in the full committee. This is truly bipartisan legislation and I urge all members to support H.R. 1401.
Mr. Chairman, I would like to encourage my colleagues to support this bill overwhelmingly.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from Virginia (Mr. Pickett).
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Mr. PICKETT. Mr. Chairman, I commend the committee chairman and the Members and staff for the balanced and responsive bill we have before us that has been thoughtfully and carefully put together within the constraints of a defense budget that continues to decline in purchasing power. In any undertaking of this kind, the defining of and the adherence to a system of priorities is essential for realistic and responsive program.
My comments will relate primarily to the research and development part of the bill. The investment for basic research and for science and technology programs has been maintained at last year's level. It is widely acknowledged that these basic research and technology programs have been the crucial components in developing and fielding technologically superior weapon systems that have given our military forces a decided advantage over their adversaries.
In spite of the success realized in developing and fielding improved weapons systems and weapon system upgrades, there is a constant struggle to appropriately and adequately prepare our forces for the unpredictable and speculative battlefield of the 21st century.
The Army is continuing development of its top-priority new weapons systems, the Crusader Self-Propelled Howitzer and the Comanche helicopter. The Navy is moving ahead with the DD-21 Destroyer, the follow-on to the Nimitz aircraft carrier, and a new class of attack submarine. The Air Force is reaching the end of its development of the F-22 and is moving forward, along with the Navy and Marine Corps, in the development of the Joint Strike Fighter.
These visible priority programs point the way to the military of the future. Nevertheless, the pursuit of lighter and more lethal weapons, the development of speedier and more stealthy equipment, and the quest for successful leap-ahead technologies continues.
The Department of Defense has said many times that, if our forces are called into combat, we do not want a ``fair'' fight. We want our forces to have a clearly superior capability both in weapon systems and technology. That is the direction in which this bill continues to move our defense program, although I must say that the move is at a slower pace than I believe desirable.
The committee and committee staff have been alert and diligent in reallocating resources to higher priority and more timely projects. Additional support has been provided to missile defense programs.
Mr. Chairman, I ask Members to support this bill because I think that it moves that program in the right direction.
Mr. SPENCE. Mr. Chairman, I yield 1 minute to the gentleman from New Jersey (Mr. Saxton).
Mr. SAXTON. Mr. Chairman, let me first congratulate the chairman of the committee on his usual fine job.
Mr. Chairman, just before Secretary Cheney was due to leave office the better part of a decade ago, he said that we needed a smaller, more mobile force. He may have had in mind that we needed fewer Army divisions and fewer ships in our Navy and perhaps fewer fighter wings; but I am sure he did not have in mind at the time to hear statements like the ones that have been accurately stated here today relative to back-to-back deployments, relative to lack of spare parts, relative to aging, old aging equipment, relative to the effect on military personnel and decline of readiness. These were not issues that were in Secretary Cheney's mind when he talked about a smaller, more mobile force.
I think that H.R. 1401 is a beginning point to change what we have done to create a more efficient, mobile, smaller force that will meet our readiness needs.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from Illinois (Mr. Evans).
Mr. EVANS. Mr. Chairman, the bill in front of us takes important steps to address the national security resources that are being seriously neglected, our Nation's arsenals.
Our arsenals are an insurance policy that allow us to mobilize for war, produce special weapons on a moment's notice, as well as bringing technical improvements to current future weapons systems. These are unique capabilities that cannot be replaced.
Unfortunately, the Pentagon's policy of privatization at any cost has brought the arsenals to the breaking point. The loss of workload associated with this policy is draining them of skilled labor. Workers are either getting pink slips or leaving on their own because of an uncertain future. Less workload also means rising overhead costs that make the arsenals less competitive. This has led to a downward spiral, actively promoted by both DOD and the weapons contractors.
However, we can bring work to these facilities and preserve their vital capabilities. This bill does that in two significant ways. One, it extends the pilot program that allows the arsenals to sell manufactured articles and services without regard for their availability from commercial services. This provision, which only applies to defense contracts, will help lower high overhead rates due to low utilization.
Second, the bill contains important report language that gives the arsenals challenge contracting authority for components of the 155mm lightweight Howitzer. This gives the arsenals, who are unsurpassed in Howitzer technology, a chance to assist this important but troubled program, which is 2 years behind the date at this point.
While we still need to reverse DOD's policy of privatization at any cost, these provisions are an important first step in giving our arsenals the workload they need.
I hope my colleagues will support this bill and its important measures to assist our arsenals.
Mr. SPENCE. Mr. Chairman, I yield 1 minute to the gentleman from Texas (Mr. Thornberry).
Mr. THORNBERRY. Mr. Chairman, there are a number of important issues in this bill that will not be discussed adequately. One of them is how we can transform our military to deal with the challenges of the future.
In last year's bill, we required a science board study to look at that question, and they came back and unanimously agreed there are compelling reasons for aggressive, urgent transformation instead of strategic pause. The task force found that ``change or die'' is a more suitable statement for the current strategic environment.
This bill moves us ahead in some significant ways. It requires us to take a closer look at the use of space. It is essential for the operations going on in Kosovo, but we have got to look beyond that. Operations in space and from space have to be studied.
We put more money into joint experimentation, which is also going to be essential if we make the most out of the resources that we have available. We also require an immediate assessment of innovative use of resources such as whether we should take old Trident submarines and convert them for more conventional purposes.
Those are just some of the ways that in this bill we tried to move ahead, making sure that we are able to meet the challenges that confront us in the future.
I commend the chairman and ranking member on the bill.
Mr. SKELTON. Mr. Chairman, may I inquire as to how much time is remaining on our side as well as the other side, please?
The CHAIRMAN. The gentleman from Missouri (Mr. Skelton) has 17\1/2\ minutes remaining. The gentleman from South Carolina (Mr. Spence) has 9 minutes remaining.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from Guam (Mr. Underwood).
Mr. UNDERWOOD. Mr. Chairman, I thank the gentleman from Missouri for yielding me this time.
Mr. Chairman, I join my colleagues today in strong support of H.R. 1401, the Fiscal Year 2000 Defense Authorization bill. I want to congratulate the Chairman and the ranking member for this very strong bipartisan effort, which is well crafted and will go a long way towards ensuring that the bedrock of our security, our troops, will be well looked after at the dawn of the next millennium.
This bill is essential to stemming the decline in readiness and buttressing the security of the United States and its territories. It is no secret that our forces are tired after 33 major deployments since the Persian Gulf War. We are having problems with recruitment and retention, and we want to make sure that we supply them with the best, take care of their needs and make sure that the infrastructure that we provide them is the best available. This bill does exactly all of those things.
But, Mr. Chairman, on a note of dissent, although H.R. 1401 has a multitude of good provisions, there is one provision, section 1006, that has rather serious overtones. This section, as drafted by the majority, if left unadulterated, will prohibit any funding authorized under this act from being used for the current NATO operations in Kosovo. This is impossible to enforce and to monitor and has a serious and demoralizing effect upon the morale and welfare of our troops currently engaged in NATO operations.
Paraphrasing my good friend, the gentleman from Mississippi (Mr. Taylor), that is a hell of a message to send to our young troops fighting to save lives in the Balkans.
I urge my colleagues to support the efforts to the contrary of the gentleman from Missouri (Mr. Skelton) and to support his amendment that strikes this language.
I also would like to point out that there are many amendments that will be offered today in light of the release of the Cox report. Some of them are bad policy. Although I support the Cox-Dicks amendment, and I will try to speak to that later, I want to strongly urge all Members to exercise caution and restraint when considering all these DOE-
related amendments as they may have some serious, unintended consequences for Asian and Pacific Americans. Sometimes in the rush to work hard on security issues, we sometimes stigmatize entire groups of people.
Mr. Chairman, I join my colleagues today in support of H.R. 1401--the fiscal year 2000 Defense Authorization Bill. This bi-partisan effort is well crafted and will go a long way to ensure that the bedrock of our security--our troops--will be well looked after at the dawn of the next millennium. This bill is essential to stemming the decline in readiness and buttressing the security of the United States and its territories.
Mr. Chairman, it appears that the ancient Greek curse--may you live in interesting times--has come true with a vengeance. Our global community is reeling from the effects of the post-Cold War order. Our military forces have been deployed in some 33 operations world-wide since the Persian Gulf War. At the same time our defense budget has been squeezed and capped arbitrarily without consideration or anticipation to the realities of America's security interests.
At the same time, our foreign policy makers have been faced with the very difficult task of defining the future roles and priorities for our foreign interests. Indeed this unenviable task has been made all the more difficult as regional hegemons have challenged the peaceful balance of power that has been maintained by the United States and its allies. The Persian Gulf Region, the Korean Peninsula, East Africa, South and Central Asia and, of course, the Balkans have all been the most recent scenes of instability or armed strife, thus compelling U.S. forces to become engaged in one manner or another. America's foreign policy is not so much like a rudder-less boat; but more like a boat without navigational aids. Our boat's pilot and crew are well intentioned and determined but are unsure of the mission. It is in this environment that we, here in Congress, are charged with building a military for the 21st Century.
Mr. Chairman, on a note of dissent, although H.R. 1401 has a multitude of good provisions, there is one such provision--Section 1006--that has rather odious undertones. The section, as drafted by the Republican majority, if left unadulterated will prohibit any funding authorized under this act from being used for the current NATO operations in Kosovo. While almost impossible to enforce and monitor, this section has a demoralizing effect upon the morale and welfare of our troops engaged in the NATO operations. Paraphrasing my good friend, Congressman Gene Taylor, that's a hell of a message to send to our young troops fighting to save lives in the Balkans. This section is completely unnecessary and sends the wrong message to Slobodan Milosevic. I applaud Congressman Skelton's efforts to the contrary and urge my colleagues to support his amendment that strikes this language.
Mr. Chairman, there are many amendments that will be offered today, in light of the release of the Cox Report, that are just bad policy. Although I support the bi-partisan Cox/Dicks Amendment, I strongly urge all members to exercise caution and restraint when considering the DOE related amendments as they may have some unintended consequences for Asian-Pacific Americans. Often under the guise of national security, especially when faced with a crisis, it is too easy to follow the road of assumptions. Our nation has done this in the past. We can all recall that during the Oklahoma City bombing that many were too quick to accuse Arab terrorists and thus Muslim-Americans were forced to suffer many indignities. In this current debate, we must recall the talent and dedication toward our national security that Asia-Pacific Americans have contributed to in great numbers.
Nevertheless, Mr. Chairman, some of the measures that the people of Guam are concerned about have been included in this bill. In the realm of military construction, the military facilities located on Guam will benefit from over $100 million in new construction or improvements. Most notable are the MILCON projects for the Guam Army Guard Readiness Center and the U.S. Army Reserve Maintenance Shop--both desperately needed to maintain readiness and operational capabilities. Additionally, we were able to secure language that would allow the Guam Power Authority to upgrade two military transformer substations on Guam. I would like to thank MILCON subcommittee Chairman Hefley and Ranking Member Taylor, for their wise counsel and decision in recognizing the need for these vital military projects on Guam.
I worked closely with Readiness subcommittee Chairman Herb Bateman on language that would further define the economic reporting requirement for A-76 completion studies. This language will, I hope, make the Department of Defense more accountable and thorough in their economic analyses of communities directly impact by an impending decision to perform an A-76 study. I also worked closely with several members from both sides of the isle to prevent the lifting of a moratorium on the outsourcing of DoD security guards. Additionally, I worked closely with Congressmen Abercrombie and Young to exempt Guam from any pilot program for military moving of household goods. This way Guam's small household moving market will be ensured of robust competition and protection from mainland conglomerates. Finally, I submitted additional views along with Messrs. Evans, Sisisky, Abercrombie, Allen and Ortiz voicing our skepticism over the Department's reliance on A-76 privatization measures to save money while sacrificing needed jobs.
Mr. Chairman, I fully support Mr. Bereuter amendment to make permanent the waivers included in the FY 1999 Defense Authorization Act that allows the Asia-Pacific Center for Security Studies (which is a component of the Defense Department's U.S. Pacific Command) to accept foreign gifts and donations to the center, and to allow certain foreign military officers and civilian officials to attend conferences, seminars and other educational activities held by the Asia Pacific Center without reimbursing the Defense Department for the costs of such activities. This Center, led by retired Marine Corps Lt. General H.C. Stackpole, is a corner-stone in the engagement program of military-to-
military exchanges through out the Asia-Pacific Region. This endeavor is a vital component in the goal of strengthening our ties with both our regional allies and potential allies. I strongly urge its adoption.
Mr. Chairman, the House Armed Services Committee also manages an vital oversight function over the Maritime Administration (MARAD). As ranking member of the Merchant Marine Panel, I worked closely with the panel's chairman, Congressman Herb Bateman, to include directive report language that requires MARAD to report on the incidents of overseas ship repairs of U.S. flagged vessels in the Maritime Security Fleet. This was in response to the Guam Shipyard's unfair experiences with subsidized foreign competition in ship repair. This report places the MARAD on notice that Congress is watching and will respond if necessary. I worked closely with Chairman Bateman on this initiative and would like to thank him for his foresight in including this important provision.
Finally, Mr. Chairman, I included additional views detailing Guam's need for a Weather Reconnaissance Squadron. In the late 1980s, one such unit on Guam was inactivated when it was deemed too costly to justify. Defense officials claimed that since there were no aircraft assets permanently stationed at Andersen, Air Force Base its mission could not be justified. Furthermore, it was maintained that improved weather imagery reconnaissance satellites would be adequate to protect the remaining military assets and the civilian population. The reality of the situation has proved otherwise. The Western Pacific is naked to accurate and readily deployable weather reconnaissance. I hope to work with my colleagues in Congress and the U.S. Air Force to explore this important resource for Guam and the Western Pacific.
Mr. Chairman, I urge the passage of this bill, notwithstanding my personal reservation over the Kosovo spending limitation language.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentlewoman from California (Ms. Sanchez).
Ms. SANCHEZ. Mr. Chairman, today I rise in support of this legislation.
Democrats made it a top priority this year to take care of those in the armed services. And as a member of the Subcommittee on Military Personnel, I saw firsthand just how we are doing that.
Our servicemen and women make sacrifices to protect our vital national interests every day. Unfortunately, skilled military personnel are leaving the armed services and several of our services have had difficulty meeting their recruitment goals.
This legislation begins to redress numerous quality-of-life and other problems affecting today's Armed Forces. It restores a basis for the military pay raise process, and it goes a long way towards restoring the career incentive value of the military retirement system.
Veterans in my community continue to voice their concern. They continue to talk about broken promises that our country has made to them. I want to go back to my district this weekend to let them know that their voices have been heard and that we are restoring vitality to the military services.
Let us send a strong message of support to our troops and those men and women who had the ultimate sacrifice for this country.
I urge my colleagues to vote yes on H.R. 1401.
Mr. SPENCE. Mr. Chairman, I yield 3 minutes to the gentleman from Indiana (Mr. Buyer), the chairman of our Subcommittee on Military Personnel.
Mr. BUYER. Mr. Chairman, I thank the chairman for yielding me this time, and I compliment the chairman and the gentleman from Missouri
(Mr. Skelton), the ranking member of the Committee on Armed Services.
I rise in strong support and ask my colleagues to vote for H.R. 1401, the National Defense Authorization Act for Fiscal Year 2000.
In all candor, Mr. Chairman, this is a great bill for the troops, one of the strongest I have seen in the 7 years I have served on the Committee on Armed Services.
As a matter of fact, I think we would have to put in big bold print neon lights that this bill says that ``people count.'' It has been an emphasis for a long time for the Subcommittee on Military Personnel of the Committee on Armed Services.
A lot of times, the Pentagon liked to focus on buying ships and planes and all types of other things, and they do not always take care of those who actually are placed at risk. In fact, this is what this bill is going to do. It reflects on what we have heard from the field itself. People have told us what they needed, what needs to be done to help fix the problems they face.
The gentleman from Hawaii (Mr. Abercrombie) and I, together with other members of the Subcommittee on Military Personnel worked hard at listening to the troops and their families throughout the country. As a result, this bill contains first a set of core pay and retirement reforms that were recommended by the chairman and the Joint Chiefs of Staff and the Secretary of Defense; and, second, additional corrective measures like the $440 million that we added beyond the request of the present in an effort to reduce housing costs that service members and their families are paying.
Mr. Chairman, H.R. 1401 is as strong as it is in part because the Secretary of Defense and the Joint Chiefs spoke out forcefully in public to advocate for a core set of reforms and initiatives. I commend them for their effort. I am convinced that without the unanimous leadership of the Joint Chiefs and the Secretary, the core set of recruiting and retention initiatives would neither have been included in the budget request, nor be politically supported in Congress as strong as it presently is.
That the DOD's senior leadership spoke out so forcefully only underscores how serious are DOD's recruiting and retention problems. While we believe that H.R. 1401 will help to address these challenges, we also know that the services' retention and recruiting problems will not be solved in 1 year. Rather, several years of efforts at least will be needed to restore the manpower readiness of the armed services and to win the two-front war of retention and recruiting.
I believe that the committee will continue its strong, long-term commitment to national defense, and I urge my colleagues to not only join in that commitment, but also vote in favor of H.R. 1401. It is a good bill for America. It is a good bill for the men and women in uniform who serve this Nation.
I also want to compliment the gentleman from Hawaii (Mr. Abercrombie). It was a pleasure to work with him on this bill as we move forward a host of bipartisan initiatives to address the serious recruiting, retention, and retirement pay compensation, and other things to help shore up the readiness of our military. I urge my colleagues to join me in voting for H.R. 1401.
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Mr. REYES. Mr. Chairman, I yield myself 1\1/4\ minutes.
Mr. Chairman, I rise today in support of this bill with one reservation. This bill is good for our troops, good for their families and good for the national security of this country.
For the troops, we have increased readiness accounts to ensure that they have the equipment and the training that they need to be an effective fighting force. For their families, we have increased soldier pay, including even greater increases for experienced midlevel officers and NCOs, who today are being lured into the private sector with better paying salaries. We have fixed the retirement system to put all military personnel in an equal retirement system, and we have increased the basic housing allowance to help ensure that our soldiers and their families are not living in substandard homes.
For national security we have increased the procurement accounts to ensure the current and near-term success of our military, and increased R&D accounts to ensure we maintain our position as a world leader long into the future.
Like many of my Democratic colleagues, however, my main concern with this bill is in the inclusion of the Kosovo language. I intend to support the amendment of the gentleman from Missouri (Mr. Skelton) to remove that language. If that language is eliminated, this, in my opinion, will be a great bill.
Mr. SPENCE. Mr. Chairman, I yield such time as he may consume to the gentleman from California (Mr. McKeon).
(Mr. McKEON asked and was given permission to revise and extend his remarks.)
Mr. McKEON. Mr. Chairman, I rise in strong support of H.R. 1401.
I want to thank Chairman Spence and ranking member Skelton for their work in bringing this vital piece of legislation to the floor.
As many of my colleagues follow the military conflict in Kosovo, they may be surprised to hear that much of our success has been a direct result of the B-2 stealth bomber and its critical role as a key strategic component of our armed forces within the US-NATO mission.
Contrary to what opponents have claimed in the past, the B-2 has proved to be extremely durable and reliable, even after flying through terrible rain storms and skies filled with dense clouds. In fact, it was the first manned aircraft to penetrate the Kosovo region at the outset of the air strikes while other types of aircraft were deterred from the bad weather conditions.
As the B-2 missions were increased with the progression of the air strikes, the accuracy and reliability of the B-2 was confirmed. The incredible success of our most advanced strategic bomber only proves how critical it is to our national defense strategy.
With our national security at stake, I am very pleased that H.R. 1401 includes almost $500 million for the modernization of our B-2 fleet--
nearly $187 million more than the President had requested. These funds will be used to improve the B-2 stealth and communications capabilities, increase its memory capacity, and update targeting information to support reactive real-time targeting.
Additionally, this critical funding will also provide for a software upgrade to increase the survivability and flexibility of the B-2 when attacking the most heavily defended enemy targets.
I am proud to support H.R. 1401 and strongly urge my colleagues to vote in favor of this legislation.
Mr. SPENCE. Mr. Chairman, I yield 3 minutes to the gentleman from Pennsylvania (Mr. Weldon), the chairman of the Subcommittee on Military Research and Development of the Committee on Armed Services.
(Mr. WELDON of Pennsylvania asked and was given permission to revise and extend his remarks.)
Mr. WELDON of Pennsylvania. Mr. Chairman, I thank my distinguished chairman for yielding me this time, and I want to thank the distinguished ranking member and the chairman for their outstanding work on this bipartisan bill.
I also want to thank the gentleman from Virginia (Mr. Pickett), who I have the pleasure of working with on the Subcommittee on Military Research and Development, who is one of the tireless advocates on behalf of our Nation's national security.
Mr. Chairman, I am pleased to rise and state, as I have many times, the fact that defense in this body has been bipartisan. There are Democrat and Republican leaders who tirelessly fight for what is right for our troops. Our battle has not been within the House, it has actually been between the White House and the Congress. And it has been a bipartisan effort over the past several years to restore dignity and support for our troops.
This year in the R&D portion of our budget we had a very severe problem. The administration, while publicly saying they were going to increase defense spending, actually took a $3 billion cut out of the R&D account lines. They shifted that money over to procurement and called that an increase in defense spending. Now, I still cannot believe they did that. They cut the R&D account by $3 billion, shifted it to procurement, and they called that publicly a $3 billion increase in funding.
They did not talk about what we were doing to those programs that are the future threats to America: The need to research weapons of mass destruction and how to deal with them; the need to deal with issues involving missile defense systems which are an emerging priority for all of us, both theater and national missile defense; and the need to deal with the issue of information dominance or what John Hamre calls cyber terrorism.
So while the administration was talking a good game about refocusing its priority on national security, their words were not in fact following their deeds. These cuts were outrageous and they were beyond what we could live with.
Working with the distinguished chairman and the ranking member of the full committee, we were able to find an additional $1.4 billion to restore a portion of that money that this administration proposed cutting. We could not restore the entire $3 billion, so there are some programs that we should be funding that will not be funded next year, but we did in fact find approximately one-half of that money that we are putting back in.
In fact, in some areas, like information dominance, the supports, the great work of the services, especially the Army with their LIWA facility at Ft. Belvoir, we have increased funding by about $40 million more than what the administration asked for. We have also restored the only cooperative program with the Russians to build a stable relationship on the issue of missile defense. The administration actually proposed canceling the RAMOS project, which would have been devastating to building confidence. We restore that program in this bill and the effort to work in a more transparent way with the Russians.
But let me say this, Mr. Chairman. While we do good things in this bill, we do not solve the problem. We need to understand that the need to commit to more funding is a long-term commitment, and I hope our colleagues will work together toward that end.
Mr. REYES. Mr. Chairman, I yield 1 minute to the gentleman from Indiana (Mr. Hill).
Mr. HILL of Indiana. Mr. Chairman, I thank the gentleman for yielding me this time.
Mr. Chairman, I am a new member of the House Committee on Armed Services, but I understand the importance of a strong military. I support this bill because I believe our Armed Forces have urgent unfunded needs, including the military infrastructure, equipment and spare parts. Most importantly, I believe that this is the year of the troops, and I support a pay raise, pay scale reform, and retirement benefits reform.
I am also glad to see this bill includes $378 million for the Army's Environmental Restoration Account. The fund in this account benefits areas such as the Indiana Army Ammunition Plant in Charleston, Indiana. For many years, the Charleston facility and the men and women who worked there served our national defense by manufacturing essential parts of the ammunition used in combat in World War II, Korea and Vietnam.
Now that our military no longer needs this facility, the Army Corps of Engineers is cleaning up this land and preparing it for the transfer to a civilian reuse authority. I am proud of the thousands of Hoosiers who worked in the ammunition plant over the years, and I am pleased that the army is helping these communities make the site an engine for future economic growth.
Mr. SPENCE. Mr. Chairman, I yield such time as he may consume to the gentleman from Utah (Mr. Hansen).
(Mr. HANSEN asked and was given permission to revise and extend his remarks.)
Mr. HANSEN. Mr. Chairman, I rise in full support of this legislation.
While I rise in support of this bill, and commend our Chairman for his diligent leadership, I believe that even he shares my mixed feelings.
The good news is that for the fifth year in a row we were able to add billions of dollars to the President's grossly inadequate defense budget. This year we add some $8 billion to meet our most critical shortfalls. I sincerely hope that we can keep our word and match this increase during the appropriations process.
I am proud that we funded a 4.8 percent pay raise for the troops--.4 percent more than the President.
That we added $2 billion to basic readiness accounts to reduce the maintenance backlog and purchase spare parts.
That we added $300 million to purchase new Tomahawk missiles to replace the 700 missiles this President has fired in the last year alone.
The bad news is that with all of the good work we did in this bill--
it is not nearly enough.
Our investment in national security is dangerously inadequate.
We spend less on defense today as a percentage of federal expenditures than at any time since Pearl Harbor. This trend must be reversed.
The Joint Chiefs of Staff have testified that the President's budget is short by over $23 billion. I believe that we must commit a minimum of $40 billion per year to restore our American military preparedness.
When the Air Force has less missiles than bombers to fire them;
When F-16 fighters are falling from the sky in alarming rates;
When Navy warships leave port with hundreds of battle stations unmanned;
When the Air Force needs to implement a stop-loss for pilots and call up 2,000 reservists to handle a minor military engagement such as Kosovo;
When all of the Services face a $13 billion shortage in basic ammunition, we must begin to act.
The list of casualties in this administration's seven year campaign of military neglect goes on and on. I am still not sure what effect our air assault is having on the Serb military but I am sure that it is further degrading ours.
I commend our Chairman for bringing these issues to our attention and doing the best job we could under the circumstances. But we need to do more. We need to do whatever it takes, including lifting the budget caps to insure America's Armed Forces remain the best equipped, the best trained and the most effective in the world.
Mr. SPENCE. Mr. Chairman, I yield such time as he may consume to the gentleman from Pennsylvania (Mr. Pitts).
(Mr. PITTS asked and was given permission to revise and extend his remarks.)
Mr. PITTS. Mr. Speaker, I rise in strong support of this bill.
Mr. Chairman, today we are considering an excellent FY 2000 Defense Authorization bill, and I thank Chairman Spence for his leadership in bringing this bill to the floor.
In Committee, we have spent the past several months hearing testimony from armed services personnel and military experts detailing the alarming state of our military.
With rapidly growing threats worldwide to our national security, now is the time to begin to rebuild our military from years of decimation and escalating deployments. Mr. Chairman, this authorization responds to these concerns.
As a former navigator and EWO of B-52 bombers, in the Air Force and a Vietnam veteran, I am particularly excited about the authorizations for upgrades and procurement of Air Force aircraft, as well as the replenishment of ammunition and the modernization of military equipment. Further, the pilot retention reforms contained in the Authorization are essential. We have the best Air Force in the world--
no country comes close. Yet we have trouble holding on to the best pilots because we simply do not take care of them.
Most importantly, this Authorization reaches out a hand to military families. The 4.8 percent across-the-board pay increase and pay table reform, the major reform in military bonuses, and the implementation of new housing allowances helps close the pay gap with the private sector and will enable military personnel to better take care of their families.
We frequently ask our men and women in the military to leave their families, fight for our national security, and even die for our freedom and liberty. Yet, we do not provide our service personnel with the pay or equipment it takes to get the job done right. It is appalling that even one of these families must seek welfare just to put food on the table and buy clothes for their children. I honestly believe that the authorization we have before us today will go a long way in correcting this problem.
I urge my colleagues to support this authorization, which will provide for the dedicated soldiers in our armed services and adequately fund our military so that American families are safe from hostile threat.
Mr. SPENCE. Mr. Chairman, I yield 1 minute to the gentleman from Georgia (Mr. Chambliss).
(Mr. CHAMBLISS asked and was given permission to revise and extend his remarks.)
Mr. CHAMBLISS. Mr. Chairman, this bill is a bold step toward putting America's defense funding back on a sound footing. Our military is currently overextended and underfunded. Right now we have a quarter of a million American troops serving in 135 countries around the world. The military is 40 percent smaller than it was during the Persian Gulf War while operational commitments around the world have increased by 300 percent.
This bill establishes additional quality of life functions for the members of our Armed Services that are going to be of tremendous benefit. We also provide for four new Marine Corps KC-130J tankers, a 14th JSTARS aircraft, long-lead funding for a 15th, and the F-22 advanced technical fighter.
Finally, we reaffirm our belief that depot maintenance capabilities for critical mission essential systems must be retained organically in the military depot system. The Air Force has chosen an ill-defined and unclear policy to support critical weapon systems in the future. This bill requires the Air Force to report to us on their future sustainment plans and specifically identify the core logistics requirements for the C-17 aircraft, a unique military system that has proven its importance in supporting our deployed forces.
We owe it to our warfighters to ensure that core capabilities will be there when they are called upon in the future. I urge the support of this bill.
Mr. REYES. Mr. Chairman, may I ask how much time is remaining on both sides?
The CHAIRMAN. The gentleman from Texas (Mr. Reyes) has 12 minutes remaining, and the gentleman from South Carolina (Mr. Spence) has 2 minutes remaining.
Mr. REYES. Mr. Chairman, I yield 2 minutes to the gentleman from New Jersey (Mr. Andrews).
(Mr. ANDREWS asked and was given permission to revise and extend his remarks.)
Mr. ANDREWS. Mr. Chairman, I thank my friend for yielding me this time. I want to thank the gentleman from South Carolina (Mr. Spence), and the ranking member, the gentleman from Missouri (Mr. Skelton) and all our colleagues on the committee for bringing this bill to the floor. I support it.
I support it because it supports the men and women who wear the uniform of this country with such pride. I do not believe I have ever seen that strength more on display than I did a few weeks ago when I visited Fort Dix, which is in the District of my friend and neighbor the gentleman from New Jersey (Mr. Saxton), to visit with the ethnic Albanian refugees who had come to this country from the horror they had faced the in the Balkans.
On the first night that they were in that camp, a little girl about the same age as my oldest daughter, who is 6, saw an American soldier walking toward her. Her reaction was to scream, to turn around and run as fast as she could in the other direction, telling her mother and father and sisters and brothers that they had to run away because the soldiers were coming. It is understandable why she would have had that reaction, given where she grew up.
Her mother went over to her and comforted her and said that she did not have to run away; that here soldiers were different; that this was a different place; that soldiers could be trusted. And she reacted in a way that many of us would want to react in expressing support for people wearing a uniform. She ran in the other direction, she jumped up in the arms of that American soldier and hugged him around the neck as fiercely as she could.
Our people are strong not only because of the strength of the weapons that we give them, of the training that they achieve, but they are strong because of the strength of their character. The best way that we can show our respect for that strength is to raise their pay, and this bill does that; it is to respect their retirement, and this bill does that; it is to provide better living conditions for their families, and this bill does that; and, finally, it is to give them the finest training and the finest weaponry, and this bill does that.
Mr. Chairman, I am proud to support it.
Mr. SPENCE. Mr. Chairman, I yield 1 minute to the gentleman from Pennsylvania (Mr. Goodling), the chairman of the Committee on Education and the Workforce.
(Mr. GOODLING asked and was given permission to revise and extend his remarks.)
Mr. GOODLING. Mr. Chairman, I thank the gentleman for yielding me this time.
At the present time there are 46,000 women, infants and children who belong to our military overseas who are not covered by WIC. Fortunately, thanks to this committee, that will be remedied and we will not have that imbalance. They will get the same benefits that they would get if they, as a matter of fact, were stationed in the United States.
I want to also touch briefly on another area. Some years ago I came before the committee to indicate that we were buying our buoy chains from China, and I wondered where we were going to get them if we were in war, and this committee corrected that. And now we have the military buying weights for their exercise programs from China because they are cheap, because, of course, they are made with slave labor. And they have taken some steps in this legislation to correct that.
So I would hope all would support this effort to make our military strong and proud once again, because for 4 of the last 6 years it has not been treated very well.
Mr. SKELTON. Mr. Chairman, I yield 1 minute to the gentleman from Texas (Mr. Brady).
Mr. BRADY of Texas. Mr. Chairman, I rise in support of H.R. 1401 and congratulate the gentleman from South Carolina (Mr. Spence) and the ranking member, the gentleman from Missouri (Mr. Skelton) for their leadership on this issue.
There is one provision, though, that troubles me, and I respectfully raise it today. Section 113 concerns the U.S. Army's family of medium tactical vehicles. They are trucks for the army. Specifically, this section, 113, allows the U.S. Army to ignore the will of Congress, to drop a proven volume discount for producing the trucks and pursue a second source contract award without proving any economic savings to the government.
Well, that does not make sense. Congress made it clear last year, in law, that we wanted justification from the Army. Now, they did a report to justify it, but they will not release it. Now, what does that tell us?
We should not change the law to allow the Army to go forward on this because it is bad for the taxpayers and it is going to be proven to be very ill-advised. It is my sincere hope, Mr. Chairman, that the distinguished chairman and the ranking member and the Members to be named on the conference committee will provide the best trucks for the Army at the best price to the taxpayers.
Mr. SKELTON. Mr. Chairman, I yield 1 minute to the gentleman from New Jersey (Mr. Smith).
Mr. SMITH of New Jersey. Mr. Chairman, I thank the gentleman for yielding me this time, and I want to commend the gentleman from South Carolina (Mr. Spence), the chairman, and the gentleman from Missouri
(Mr. Skelton), the ranking member, for an excellent bill that I think should get the full support of every Member here.
I also want to especially thank the gentleman from Colorado (Mr. Hefley) for rejecting the Clinton administration's flawed and misguided proposal to gut administration's funding for our military construction through the Administration's phased funding scheme. Thankfully, that has been rejected. And I especially want to thank the gentleman from Colorado (Mr. Hefley) and the superb work of Phil Grone for including the super lab for Navy Lakehurst.
{time} 1330
Nothing is launched from our aircraft carriers or recovered, the catapults and the arresting gear, unless it has first been prototyped and bugs worked out at Lakehurst.
Lakehurst means safety for our pilots and the likelihood of a successful mission.
Lakehurst has an impeccable record of success, of providing an expertise that keeps our aircraft capable. I am just so glad that this new superlab will be built and provide the synergism and take us into the next millennium. The superlab will give us that ability to continue to have a viable aircraft carrier force. The superlab is absolutely instrumental and important for that endeavor. I want to thank the gentleman from Colorado (Mr. Hefley) for his great service to our nation. I urge support for it.
Mr. SKELTON. Mr. Chairman, I yield 1 minute to the gentlewoman from California (Ms. Lee).
Ms. LEE. Mr. Chairman, I thank the gentleman for yielding me the time.
Mr. Chairman, I rise today to express my opposition to this defense authorization bill. I believe that this budget is counterproductive to our domestic requirements and goes far beyond our national security needs.
Today national defense consumes 48 percent of our discretionary budget. The proposed 2000 budget will consume 51 percent of the discretionary budget. American cities receive only 25 cents for every
$1 that the Pentagon collects. That 25 cents must be spread thin to protect our environment, feed and house families, educate our children, provide health care for the elderly, and to fund other essential programs.
We must also make sure that our courageous men and women serving in the armed services are adequately compensated for their very courageous duty. However, we must stop giving the Pentagon more money than it asks for or that it requires, to the detriment of our country's basic needs.
I urge a ``no'' vote on this costly bill.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from Mississippi (Mr. Taylor).
Mr. TAYLOR of Mississippi. Mr. Chairman, I would like to take this opportunity to respond to the previous speaker, who I do have the greatest respect for, who was elected by just as many people as I was elected by and represents just as many people.
But I would encourage her to support the bill. Particularly, I would encourage her to support the bill because I think it is important that the minority Members of this body support an Armed Forces that has a more than fair share of minorities on board.
We have a strange situation in our country where folks are willing to spend their money but not ask their children to serve. We have another group of people whose children serve but who say, you cannot have our money.
We need to correct that. We need to treat those young people who are serving our country with respect. We need to fund the G.I. bill. We need to give them a good barracks. We need to see to it that they are well fed. We need to see to it that there are enough of them that they do not have to be gone from their families all the time.
To my colleagues who are saying, you can have my money but not my son, I would encourage their children to enlist.
The gentleman from Missouri (Mr. Skelton) and I have visited a corporate board last summer, a company that does 99 percent of its work with the United States Navy; and we asked that board, ``How many of you have a young son or young daughter in the Armed Forces?'' Not one hand went up.
So I do think that what we are doing today is a step in the right direction. I want to compliment the chairman and the ranking member on that. I would encourage us to go on to fulfill our promise of lifetime health care to our military retirees. I do see that as a readiness problem.
I want to see to it that our young people are able to have their ailments treated and their children born on a base hospital rather than to have to go out and put up with the hassle of Tricare. And above all, we need to start replacing these ancient weapon systems, like the HUEYs, like the CH-46s and 47s, that endanger the very young people that all of us care about, and see to it that they are given weapons worthy of them.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentlewoman from Florida (Mrs. Meek).
Mrs. MEEK of Florida. Mr. Chairman, I thank my colleague and friend for yielding me this time to speak. My statement is in opposition to the Gilman-Goss amendment that is included here in this bill.
Mr. Chairman, I rise in strong opposition to the Gilman-Goss amendment because it would mandate the removal of our military support in Haiti. This amendment undercuts the President's authority as Commander in Chief to deploy forces abroad for noncombat purposes where important United States foreign policy and security interests are at stake.
The withdrawal of our forces from Haiti at this time would send the wrong message, Mr. Chairman. It would have a serious destabilizing effect on Haiti at the very time that they approach their legislative elections. And these legislative elections will lead toward the full restoration of the Parliament and local governments.
It is so significant that at this time we do our best to assist in restoring democracy to Haiti and not take troops out of Haiti but to try, if possible, to add more because this is a very, very crucial time. The supporters of this amendment speak generally of the need to evaluate our commitments carefully and the need to get out of something and not simply accumulate additional constituencies.
All of us agree that we need to evaluate our commitments carefully. Yet adherence to this general principle has very, very little, Mr. Chairman, to do with this debate.
It is instructive that none of the military authorities cited in the
``Dear Colleague'' letter sent out about my fellow Floridian in support of the amendment states that we can or should withdraw all of our military forces from Haiti at this time. It is also instructive that none of the supporters of this amendment have offered a standard to be used in assessing whether to discontinue a military presence.
What is the standard, Mr. Chairman? It has not been stated. Will there be one standard for Kosovo and one for Haiti? Lots of questions, Mr. Chairman. And I say that we should not support this part of the amendment.
Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, let me take this opportunity to commend some very fine airmen and women, in particular those at Whiteman Air Force Base who are flying and working on and maintaining the B-2 stealth bomber.
In this Chamber, for a number of times, we debated the issue as to whether we would build any such bombers. In this conflict over Yugoslavia, they have proven themselves, both the planes as well as the young men and women who work so hard with them and flying them, they have proved themselves to be invaluable. I am proud of them.
Let me say a special word of thanks and gratitude to the leader, Brigadier General Leroy Barnidge, who is the Wing Commander of the 509th bomb group at Whiteman Air Force Base. They are certainly today's heroes, and I thank them for their wonderful efforts for our country.
Mr. DICKS. Mr. Chairman, will the gentleman yield?
Mr. SKELTON. I yield to the gentleman from Washington.
Mr. DICKS. Mr. Chairman, I want to commend the gentleman for his leadership for the great work done at Whiteman Air Force Base, for the military construction facilities that are there. I know that he worked hard to make sure that that facility in his district was one of the finest in the country.
He and I had the great privilege of going out there the first day that the B-2 flew in combat and to greet the first 4 pilots who had flown those two planes, 2 pilots per plane. Thirty-one hours round-trip from Whiteman Air Force Base to Kosovo and back.
I think it is a very important point to pause and think about the revolutionary impact of having a stealth bomber with precision-guided weapons. The accuracy, the number of targets that the B-2 hit, is just extraordinary.
Also, I had a chance, I would tell my colleagues, to go and visit with our pilots at Fairfort, England, who flew the B-52s and the B-1s. And we have a small bomber force but a good one.
In this very bill, I want to compliment the gentleman from California
(Mr. Duncan Hunter), the chairman, and the gentleman from Virginia (Mr. Sisisky) for putting in the bomber package of money to enhance all of our existing bombers.
I think this war has proven that these bombers are much more valuable than we gave them credit for. And the fact that the B-2 could fly in all weather, day, night, all weather, when nobody else could, was absolutely crucial in keeping the momentum of the air war early on.
So, again, it was an honor to go out with my friend from Missouri. He and I came to Congress the same year. We have fought together four times on this floor to vote for the B-2. And I only wish that in the other body we had had the support to keep this program going, because I think it is one of the historic mistakes of this institution that we did not keep production of this airplane moving forward.
Mr. SKELTON. Mr. Chairman, reclaiming my time, we are very, very blessed to have the number of planes that we have. As my colleague knows, 10 are currently at Whiteman Air Force Base and a good number of them are being used in this effort.
It is interesting to note that only 3 percent of the sorties, the entire sorties, were flown by B-2 stealth bombers but they did some 20 percent of the strikes. That speaks well for the system, for the young men and young women at Whiteman Air Force Base.
I thank the gentleman for his kind words about those people in Missouri who are doing so remarkably well.
Mr. SPENCE. Mr. Chairman, I yield the balance of the time to the gentleman from North Carolina (Mr. Hayes).
(Mr. HAYES asked and was given permission to revise and extend his remarks.)
The CHAIRMAN. The gentleman from North Carolina (Mr. Hayes) is recognized for 1 minute.
Mr. HAYES. Mr. Chairman, I am proud to rise in support of the defense authorization bill. I commend all of my colleagues, especially the gentleman from South Carolina (Mr. Spence), the gentleman from Missouri
(Mr. Skelton), the ranking member, for a fine bill.
The committee has put forth legislation that signifies the great support this Congress has for the million and a half patriotic Americans who voluntarily defend our freedom.
Mr. Chairman, I recently visited Ft. Bragg in the 8th District of North Carolina. Over the past 6 months, I have been to Ft. Bragg and Pope Air Force Base a number of times. My last visit was unique. I went to the base with my wife, Barbara, to speak with our soldiers and their spouses about issues important to our military families.
Once again, we came away from our discussions thoroughly impressed by the quality of men and women who serve in the Armed Forces. After meeting with three separate groups of personnel, junior enlisted soldiers, senior commissioned officers, and junior officers, it was clear that our troops demonstrate a ``can do'' spirit and pride in their service unrivaled anywhere in the world. They deserve this bill.
Unfortunately, we also heard stories of hardship from our soldiers and their families that made me ashamed, ashamed that the government of a Nation so rich in military tradition could be so negligent in meeting the needs of our military families. I came away convinced we should add to this budget things that take care of their needs.
Mr. Chairman, I am pleased to report that the House Committee on Armed Services has successfully accomplished its mission and this bill reflects our efforts. We have included in the bill measures which will enhance quality of life for our personnel and their families, 4.8 percent increase in pay, reform pay tables, repealed REDUX.
Mr. Chairman, I look forward to returning to Bragg and Pope and telling those wonderful young soldiers that this is indeed the year of the troops. I thank the committee. Our troops protect us. We must support them. This bill does that.
Ms. Jackson-Lee of Texas. Mr. Chairman, I rise today to discuss two recent events in my life; in order to better relate the common concerns among our troops and veterans. Our veterans and troops are concerned about military pay and benefits, readiness, and modernization shortfalls confronting our military services.
Mr. Chairman, it has nearly been a month since I joined a congressional delegation that traveled to Germany, Albania, Macedonia, Italy and Belgium. While it was somewhat disheartening to see the effects of this tragedy up close, it was comforting to see the courageous spirit that persevered among our troops and the many non-
government organizations aiding in the current crisis in the Balkans.
It is incomprehensible to imagine the scope of this tragedy until you see it in person. On the ground and among the refugees, I was able to interact and listen to the stories of this human tragedy. Putting faces behind tragic accounts, I heard about the killing of innocent men and boys, the wanton burning of homes, and the brutal rape of Kosovar women.
In addition to confronting the humanitarian crisis, I had the good fortune of interacting with our troops. I am pleased to report that our troops had high spirits and that they remain committed to the NATO operation. As is customary with U.S. Armed Forces their preparedness, attention to detail, and commitment to duty and country was very impressive.
Mr. Chairman, I also had the privilege of joining in the 50th Anniversary of the Houston Department of Veterans Affairs Medical Center. This Medical Center is dedicated to upholding President Lincoln's call ``to care for him who shall have borne the battle.'' The men and women of this facility have answered the challenge of their dedication by providing the best medical care to veterans residing in the Houston community and southeast Texas.
The common theme from my two experiences has been the unwavering dedication to our nation's defense and national security interests displayed by our veterans in the past and by our young men and women today in the Balkan region and throughout the world. Mr. Speaker, as we approach the Memorial Day holiday we owe it to our nation to pass a defense authorization that will provide for a viable and cost effective defense. We owe it to the young service men and women I met during my trip to the Balkan region and to the veterans in the Houston Veterans Affairs Medical Center to address their concerns and issues.
Mr. Chairman, this bill authorizes a total of $288.8 billion for defense programs. This request is approximately $8.3 billion (3%) more than the administration's request. On May 21, President Clinton signed H.R. 1141, which included an additional $1.8 billion to pay for increases in military pay and pensions in fiscal year 2000. Thus, the total increase over Clinton's defense budget request would be more than
$10 million.
This bill does reflect Congress's continuing efforts to address systemic quality of life, readiness and modernization shortfalls. The bill addresses those programs like pay, housing, retirement that have the most noticeable and direct effect on service personnel and their families. The bill also addresses other significant areas of military readiness including meeting the recruitment challenge and the training of our soldiers.
While this bill addresses significant quality of life issues and provides significant funds for modernization and procurement of weapons systems, it fails in three significant aspects. First, this bill prohibits the use of FY 2000 funds authorized in this bill for ongoing operations in Yugoslavia, and directs the administration to submit a supplemental budget in the military operations continue into FY 2000.
Mr. Chairman, if this body adopts this provision we would be sending the wrong message to the Yugoslavian President Slobodan Milosevic. As negotiations continue and the air campaign inflicts continuing damage on the Yugoslavian army and police units, this body cannot send mixed signals. This measure of the defense authorization bill will only encourage Milosevic to hold out against the NATO terms.
This body must remain committed to NATO's objective of a peaceful multi-ethnic democratic Kosovo in which all its people live in security. You know when I was walking among the refugees in that camp in Albania, I had the chance to ask many of them, if they thought NATO's action were to blame for their current situation. Mr. Speaker, every person in that camp placed the responsibility for this crisis squarely at the feet of Milosevic. The body cannot relent from our mission of peace and must ensure that Milosevic pays a heavy price for his present policy of repression.
The second area in which this bill fails, is its failure to eliminate a provision that interferes with a woman's right of choice. The fiscal 1996 defense authorization law bars female service members or military dependents stationed overseas from obtaining abortions in U.S. military hospitals abroad, even if they pay for the procedure, except in cases where the pregnancy threatens the woman's life.
This bill slightly expands current law by allowing the use of appropriated funds to support abortions for military beneficiaries whose pregnancy is the result of an act of forcible rape or incest--but only when such incidents have been reported to a law enforcement agency. Though this change is welcome the law still denies women who have volunteered to serve their country, their legally protected right to choose abortion, simply because they are stationed overseas. Prohibiting women from using their own funds to obtain abortion services at overseas military facilities continues to endanger women's health.
Finally, I oppose the extent of funding increases for defense programs proposed in H.R. 1401. The democratic alternative provides for an increase over FY 1999 levels and ensures that critical readiness needs are met. Our plan allows for weapons modernization and proposes a generous military compensation package for our service men and women. But our plan ensures that other critical priorities like education and agriculture receive sufficient funding.
This bill could be improved in these three areas while still providing for a viable defense and more importantly addressing the needs of our service men and women and of our veterans.
Ms. GRANGER. Mr. Chairman, I want to commend Chairman Spence and the members of the House Armed Services Committee for their hard work and dedication to our nation's armed services. Like many members who spoke today, I am very concerned about the current state of our military and the very serious breech of national security information at our nation's Department of Energy Research laboratories. Once again, the Republican Congress has done the best we can to provide for our national defense, but the reality remains that more resources are needed if the United States is going to remain the world's last remaining Superpower.
Members who know me, know that I am very supportive of the Marines' MV-22 ``Osprey'' and I believe--like the Acting Secretary of the Air Force--that we need many more new F-16s. But, I never forget the number one asset--and the best weapons--in our armed services: the men and women who proudly serve our nation.
I have had the opportunity to visit with our servicemen and women around the world on several occasions since I was elected to Congress. After each visit I have come away with a greater appreciation for the dedication and capabilities of our military men and women. There is no question they are the best trained and most effective fighting force in the world. But we cannot take them for granted. We cannot continue to deploy them at the current rate. We cannot continue to ask them to do more with very old equipment, in some cases. We cannot continue to expect to retain our best officers and enlisted personnel when there is such a substantial pay differential between the military and civilian jobs.
There has been much discussion of the Joint Chiefs of Staff's list of immediate unfunded requirements--totaling around $20 billion. This is very serious, but it should come as no surprise when you consider the way this administration has vastly increased the operations tempo of our military, while vastly under-funding its personnel, procurement, R&D, and modernization needs.
That is a nice way of saying the Clinton administration's military and foreign polices have strained our military to the breaking point, first by failing to adequately invest in our national security and then by committing our forces to a disturbing number of missions around the world.
H.R. 1401 deserves the support of every member of the House of Representatives because it addresses many of the disturbing long-term trends in our military, such as: (1) declining service-wide mission capable rates for aircraft; (2) equipment shortfalls; (3) service-wide problems with aging equipment; (4) acute shortfalls in basic ammunition in the Army and the Marine Corps; and (5) personnel shortages.
All of these problems are very serious, but let me talk about aging equipment for a moment. The Marine Corps' new MV-22 tilt-rotor aircraft will replace a helicopter that is almost 40 years old, the CH-46. How many of you would drive a car that is 40 years old?
We're not talking about a vintage car that you take out of the garage on nice, sunny, spring days. We're talking about a helicopter that we pack our young marines into and ask them to accomplish missions in dangerous situations--situations in which there can be no margin for error!
This is an intolerable situation. While I applaud the Armed Services Committee's decision to add an additional MV-22 to the president's request, I strongly urge the House conferees to support the Senate's decision to add two MV-22s to the administration's FY 2000 budget request.
I also want to thank the administration and the Armed Services Committee for recognizing the need for new F-16s, and that current operations are only increasing the need for new F-16s in the future. I strongly urge my colleagues on the Appropriations Defense Subcommittee to follow that sentiment of the House today, and the Senate, by fully funding the F-16 in fiscal year 2000.
In conclusion, it is clear that we cannot continue to willingly send our troops all over the world when here at home we are unwilling to give our troops the equipment and the pay they need and deserve. To those who say we cannot afford to have the best military in the world, I say we cannot afford not to have it. To those who say we do not need the best military in the world, I say the events of the last few weeks show that we do.
I am pleased to support passage of H.R. 1401 and I urge all of my colleagues to support our armed forces by voting for this very important legislation.
Mr. GOODLING. Mr. Chairman, the United States has long been the leader in manufacturing. Our ingenuity and efficiency drove our economy from a largely agrarian society to the pulsing industrial powerhouse that it is today. However, over the years, many foreign countries with government controlled economies have steadily cut into our markets because their subsidized products clearly have an economic advantage in our open markets.
While I applaud efforts of the United States government to level the playing field by controlling the flood of subsidized imports, I cannot condone the actions by our government that facilitate the continued import of these cheap products. I encountered these troubles during the 103rd Congress when I shepherded legislation through the Congress requiring the U.S. Coast Guard to purchase buoy chain manufactured in the United States because an overabundance of their purchases relied on foreign sources. Today, a similar problem is occurring when the Department of Defense purchases free weight strength training equipment.
Despite having quality, domestically manufactured products available to provide to our troops, various installations of the United States Armed Services are purchasing free weight strength training equipment manufactured in foreign countries, predominantly in the Peoples Republic of China. As a result, many of our troops are training with equipment that not only is manufactured by a Communist government that has worked to undermine the national security of the United States, but also might be manufactured with slave labor.
These cheap, lower-grade Chinese products are imported by American fitness companies and sold to our government under domestic labels at the expense of our domestic manufacturers. Consequently, American producers have suffered.
Buy American legislation was enacted to protect our domestic labor market by providing a preference for American goods in government purchases. This Act is critical to protecting the market share of our domestic producers from foreign government-subsidized manufacturers. However, the Buy American Act is not always obeyed.
According to an audit conducted last year by the Inspector General of the Department of Defense, an astonishing 59 percent of the contracts procuring military clothing and related items did not include the appropriate clause to implement the Buy American Act. This troubles me because many of our domestic producers are the ones that feel the blow.
Despite this audit and the subsequent instruction by the Defense Department to its procurement officials that the Buy American Act must be adhered to, to date, at least five defense installations provide predominately foreign made free weight products for their personnel to weight train. Unfortunately, I believe this may signify a trend in purchases of foreign manufactured free weights under the Department of Defense.
For this reason, I have offered an amendment that would prohibit the Secretary of Defense from procuring free weight equipment used by our troops for strength training and conditioning if those weights were not domestically manufactured.
Should Congress not agree with my estimation as to the depth of this problem and fail to end repeat occurrences, I prepared a second amendment that would require the Inspector General to further investigate the Defense Department's compliance with purchases of the Buy American Act for free weight strength training equipment. However, I think it is important to note that while this approach could successfully highlight the problem, it would only delay the process, thereby, further punishing our domestic producers.
No one can argue that the physical fitness of our troops is vital. It is well known in the Pentagon that when you're physically fit, you're also mentally prepared for any conflict. It is the cornerstone of readiness. In fact, a recent survey of nearly 1,000 Marine Corps officers, whose results appeared in a May 5 article of the Marine Corps Times, cited fitness as the number one program offered under the Morale, Welfare and Recreation program.
In addition, the importance of using free weights to train our military cannot be understated. The Marine Corps Times article further demonstrated the need for free weights by explaining the access to free weights was the number one requested activity by deployed units and the second most popular request by units about to be deployed; second only to E-mail access. Clearly, the demand for free weights is present.
However, the fact that some of our troops use Chinese manufactured weights when a higher quality domestic product is available, I find remarkable.
Although the Department of Defense may have taken steps to curb Buy American Act procurement abuses in the aftermath of the Inspector General's report on clothing procurement, I am concerned that widespread abuses of foreign free weight procurements may continue unless Congress acts to end this practice.
I believe Congress needs to protect our domestic interests by ensuring that U.S. manufacturers are insulated from cheap imports being sold to the United States government, and that our troops train with a high quality product manufactured in the United States, not Communist China. Accordingly, it is my intention to prohibit our military from spending U.S. tax dollars on free weight strength training products that are produced by a Communist government that has little respect for our national security and human rights.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the committee amendment in the nature of a substitute printed in the bill is considered as an original bill for the purpose of amendment and is considered read.
The text of the committee amendment in the nature of a substitute is as follows:
H.R. 1401
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act for Fiscal Year 2000''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into three divisions as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical demilitarization program.
Sec. 108. Defense health programs.
Sec. 109. Defense Export Loan Guarantee program.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for Army programs.
Sec. 112. Extension of pilot program on sales of manufactured articles and services of certain Army industrial facilities without regard to availability from domestic sources.
Sec. 113. Revision to conditions for award of a second-source procurement contract for the Family of Medium Tactical
Vehicles.
Subtitle C--Navy Programs
Sec. 121. F/A-18E/F Super Hornet aircraft program.
Subtitle D--Chemical Stockpile Destruction Program
Sec. 141. Destruction of existing stockpile of lethal chemical agents and munitions.
Sec. 142. Alternative technologies for destruction of assembled chemical weapons.
Subtitle E--Other Matters
Sec. 151. Limitation on expenditures for satellite communications.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Collaborative program to evaluate and demonstrate advanced technologies for advanced capability combat vehicles.
Sec. 212. Revisions in manufacturing technology program.
Subtitle C--Ballistic Missile Defense
Sec. 231. Additional program elements for ballistic missile defense programs.
Subtitle D--Other Matters
Sec. 241. Designation of Secretary of the Army as executive agent for high energy laser technologies.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Transfer to Defense Working Capital Funds to support Defense
Commissary Agency.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 311. Reimbursement of Navy Exchange Service Command for relocation expenses.
Subtitle C--Environmental Provisions
Sec. 321. Remediation of asbestos and lead-based paint.
Subtitle D--Performance of Functions by Private-Sector Sources
Sec. 331. Expansion of annual report on contracting for commercial and industrial type functions.
Sec. 332. Congressional notification of A-76 cost comparison waivers.
Sec. 333. Improved evaluation of local economic effect of changing defense functions to private sector performance.
Sec. 334. Annual reports on expenditures for performance of depot-level maintenance and repair workloads by public and private sectors.
Sec. 335. Applicability of competition requirement in contracting out workloads performed by depot-level activities of
Department of Defense.
Sec. 336. Treatment of public sector winning bidders for contracts for performance of depot-level maintenance and repair workloads formerly performed at certain military installations.
Sec. 337. Process for modernization of computer systems at Army computer centers.
Sec. 338. Evaluation of total system performance responsibility program.
Sec. 339. Identification of core logistics capability requirements for maintenance and repair of C-17 aircraft.
Subtitle E--Defense Dependents Education
Sec. 341. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.
Sec. 342. Continuation of enrollment at Department of Defense domestic dependent elementary and secondary schools.
Sec. 343. Technical amendments to Defense Dependents' Education Act of
1978.
Subtitle F--Military Readiness Issues
Sec. 351. Independent study of Department of Defense secondary inventory and parts shortages.
Sec. 352. Independent study of adequacy of department restructured sustainment and reengineered logistics product support practices.
Sec. 353. Independent study of military readiness reporting system.
Sec. 354. Review of real property maintenance and its effect on readiness.
Sec. 355. Establishment of logistics standards for sustained military operations.
Subtitle G--Other Matters
Sec. 361. Discretionary authority to install telecommunication equipment for persons performing voluntary services.
Sec. 362. Contracting authority for defense working capital funded industrial facilities.
Sec. 363. Clarification of condition on sale of articles and services of industrial facilities to persons outside Department of
Defense.
Sec. 364. Special authority of disbursing officials regarding automated teller machines on naval vessels.
Sec. 365. Preservation of historic buildings and grounds at United
States Soldiers' and Airmen's Home, District of Columbia.
Sec. 366. Clarification of land conveyance authority, United States
Soldiers' and Airmen's Home.
Sec. 367. Treatment of Alaska, Hawaii, and Guam in defense household goods moving programs.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces. Sec. 402. Revision in permanent end strength minimum levels.
Sec. 403. Appointments to certain senior joint officer positions.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Increase in number of Army and Air Force members in certain grades authorized to serve on active duty in support of the Reserves.
Sec. 415. Selected Reserve end strength flexibility.
Subtitle C--Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Recommendations for promotion by selection boards.
Sec. 502. Technical amendments relating to joint duty assignments.
Subtitle B--Matters Relating to Reserve Components
Sec. 511. Continuation on Reserve active status list to complete disciplinary action.
Sec. 512. Authority to order reserve component members to active duty to complete a medical evaluation.
Sec. 513. Eligibility for consideration for promotion.
Sec. 514. Retention until completion of 20 years of service for reserve component majors and lieutenant commanders who twice fail of selection for promotion.
Sec. 515. Computation of years of service exclusion.
Sec. 516. Authority to retain reserve component chaplains until age 67.
Sec. 517. Expansion and codification of authority for space-required travel for Reserves.
Sec. 518. Financial assistance program for specially selected members of the Marine Corps Reserve.
Sec. 519. Options to improve recruiting for the Army Reserve.
Subtitle C--Military Technicians
Sec. 521. Revision to military technician (dual status) law.
Sec. 522. Civil service retirement of technicians.
Sec. 523. Revision to non-dual status technicians statute.
Sec. 524. Revision to authorities relating to National Guard technicians.
Sec. 525. Effective date.
Sec. 526. Secretary of Defense review of Army technician costing process.
Sec. 527. Fiscal year 2000 limitation on number of non-dual status technicians.
Subtitle D--Service Academies
Sec. 531. Waiver of reimbursement of expenses for instruction at service academies of persons from foreign countries.
Sec. 532. Compliance by United States Military Academy with statutory limit on size of Corps of Cadets.
Sec. 533. Dean of Academic Board, United States Military Academy and
Dean of the Faculty, United States Air Force Academy.
Sec. 534. Exclusion from certain general and flag officer grade strength limitations for the superintendents of the service academies.
Subtitle E--Education and Training
Sec. 541. Establishment of a Department of Defense international student program at the senior military colleges.
Sec. 542. Authority for Army War College to award degree of master of strategic studies.
Sec. 543. Authority for air university to award graduate-level degrees.
Sec. 544. Correction of Reserve credit for participation in health professional scholarship and financial assistance program.
Sec. 545. Permanent expansion of ROTC program to include graduate students.
Sec. 546. Increase in monthly subsistence allowance for senior ROTC cadets selected for advanced training.
Sec. 547. Contingent funding increase for Junior ROTC program.
Sec. 548. Change from annual to biennial reporting under the Reserve component Montgomery GI Bill.
Sec. 549. Recodification and consolidation of statutes denying Federal grants and contracts by certain departments and agencies to institutions of higher education that prohibit Senior
ROTC units or military recruiting on campus.
Subtitle F--Decorations and Awards
Sec. 551. Waiver of time limitations for award of certain decorations to certain persons.
Sec. 552 Sense of Congress concerning Presidential Unit Citation for crew of the U.S.S. INDIANAPOLIS.
Subtitle G--Other Matters
Sec. 561. Revision in authority to order retired members to active duty.
Sec. 562. Temporary authority for recall of retired aviators.
Sec. 563. Service review agencies covered by professional staffing requirement.
Sec. 564. Conforming amendment to authorize Reserve officers and retired regular officers to hold a civil office while serving on active duty for not more than 270 days.
Sec. 565. Revision to requirement for honor guard details at funerals of veterans.
Sec. 566. Purpose and funding limitations for National Guard Challenge
Program.
Sec. 567. Access to secondary school students for military recruiting purposes.
Sec. 568. Survey of members leaving military service on attitudes toward military service.
Sec. 569. Improvement in system for assigning personnel to warfighting units.
Sec. 570. Requirement for Department of Defense regulations to protect the confidentiality of communications between dependents and professionals providing therapeutic or related services regarding sexual or domestic abuse.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2000 increase in military basic pay and reform of basic pay rates.
Sec. 602. Pay increases for fiscal years after fiscal year 2000.
Sec. 603. Additional amount available for fiscal year 2000 increase in basic allowance for housing inside the United States.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonuses and special pay authorities for reserve forces.
Sec. 612. Extension of certain bonuses and special pay authorities for nurse officer candidates, registered nurses, and nurse anesthetists.
Sec. 613. Extension of authorities relating to payment of other bonuses and special pays.
Sec. 614. Aviation career incentive pay for air battle managers.
Sec. 615. Expansion of authority to provide special pay to aviation career officers extending period of active duty.
Sec. 616. Diving duty special pay.
Sec. 617. Reenlistment bonus.
Sec. 618. Enlistment bonus.
Sec. 619. Revised eligibility requirements for reserve component prior service enlistment bonus.
Sec. 620. Increase in special pay and bonuses for nuclear-qualified officers.
Sec. 621. Increase in authorized monthly rate of foreign language proficiency pay.
Sec. 622. Authorization of retention bonus for special warfare officers extending period of active duty.
Sec. 623. Authorization of surface warfare officer continuation pay.
Sec. 624. Authorization of career enlisted flyer incentive pay.
Sec. 625. Authorization of judge advocate continuation pay.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Provision of lodging in kind for Reservists performing training duty and not otherwise entitled to travel and transportation allowances.
Sec. 632. Payment of temporary lodging expenses for members making their first permanent change of station.
Sec. 633. Emergency leave travel cost limitations.
Subtitle D--Retired Pay Reform
Sec. 641. Redux retired pay system applicable only to members electing new 15-year career status bonus.
Sec. 642. Authorization of 15-year career status bonus.
Sec. 643. Conforming amendments.
Sec. 644. Effective date.
Subtitle E--Other Retired Pay and Survivor Benefit Matters
Sec. 651. Effective date of disability retirement for members dying in civilian medical facilities.
Sec. 652. Extension of annuity eligibility for surviving spouses of certain retirement eligible reserve members.
Sec. 653. Presentation of United States flag to retiring members of the uniformed services not previously covered.
Sec. 654. Accrual funding for retirement system for commissioned corps of National Oceanic and Atmospheric Administration.
Subtitle F--Other Matters
Sec. 671. Payments for unused accrued leave as part of reenlistment.
Sec. 672. Clarification of per diem eligibility for military technicians serving on active duty without pay outside the United States.
Sec. 673. Overseas special supplemental food program.
Sec. 674. Special compensation for severely disabled uniformed services retirees.
Sec. 675. Tuition assistance for members deployed in a ---- contingency operation.
TITLE VII--HEALTH CARE MATTERS
Subtitle A--Health Care Services
Sec. 701. Provision of health care to members on active duty at certain remote locations.
Sec. 702. Provision of chiropractic health care.
Sec. 703. Continuation of provision of domiciliary and custodial care for certain CHAMPUS beneficiaries.
Sec. 704. Removal of restrictions on use of funds for abortions in certain cases of rape or incest.
Subtitle B--TRICARE Program
Sec. 711. Improvements to claims processing under the TRICARE program.
Sec. 712. Authority to waive certain TRICARE deductibles.
Subtitle C--Other Matters
Sec. 721. Pharmacy benefits program.
Sec. 722. Improvements to third-party payer collection program.
Sec. 723. Authority of Armed Forces medical examiner to conduct forensic pathology investigations.
Sec. 724. Trauma training center.
Sec. 725. Study on joint operations for the Defense Health Program.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Sec. 801. Sale, exchange, and waiver authority for coal and coke.
Sec. 802. Extension of authority to issue solicitations for purchases of commercial items in excess of simplified acquisition threshold.
Sec. 803. Expansion of applicability of requirement to make certain procurements from small arms production industrial base.
Sec. 804. Repeal of termination of provision of credit towards subcontracting goals for purchases benefiting severely handicapped persons.
Sec. 805. Extension of test program for negotiation of comprehensive small business subcontracting plans.
Sec. 806. Facilitation of national missile defense system.
Sec. 807. Options for accelerated acquisition of precision munitions.
Sec. 808. Program to increase opportunity for small business innovation in defense acquisition programs.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Limitation on amount available for contracted advisory and assistance services.
Sec. 902. Responsibility for logistics and sustainment functions of the
Department of Defense.
Sec. 903. Management headquarters and headquarters support activities.
Sec. 904. Further reductions in defense acquisition and support workforce.
Sec. 905. Center for the Study of Chinese Military Affairs.
Sec. 906. Responsibility within Office of the Secretary of Defense for monitoring OPTEMPO and PERSTEMPO.
Sec. 907. Report on military space issues.
Sec. 908. Employment and compensation of civilian faculty members of
Department of Defense African Center for Strategic
Studies.
Sec. 909. Additional matters for annual report on joint warfighting experimentation.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authorization of prior emergency military personnel appropriations.
Sec. 1004. Repeal of requirement for two-year budget cycle for the
Department of Defense.
Sec. 1005. Consolidation of various Department of the Navy trust and gift funds. Sec. 1006. Budgeting for operations in Yugoslavia.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Revision to congressional notice-and-wait period required before transfer of a vessel stricken from the Naval
Vessel Register.
Sec. 1012. Authority to consent to retransfer of former naval vessel.
Sec. 1013. Report on naval vessel force structure requirements.
Sec. 1014. Auxiliary vessels acquisition program for the Department of
Defense.
Sec. 1015. Authority to provide advance payments for the National
Defense Features program.
Subtitle C--Matters Relating to Counter Drug Activities
Sec. 1021. Support for detection and monitoring activities in the eastern Pacific Ocean.
Sec. 1022. Condition on development of forward operating locations for
United States Southern Command counter-drug detection and monitoring flights.
Sec. 1023. United States military activities in Colombia.
Subtitle D--Other Matters
Sec. 1031. Identification in budget materials of amounts for declassification activities and limitation on expenditures for such activities.
Sec. 1032. Notice to congressional committees of compromise of classified information within defense programs of the
United States.
Sec. 1033. Revision to limitation on retirement or dismantlement of strategic nuclear delivery systems.
Sec. 1034. Annual report by Chairman of Joint Chiefs of Staff on the risks in executing the missions called for under the
National Military Strategy.
Sec. 1035. Requirement to address unit operations tempo and personnel tempo in Department of Defense annual report.
Sec. 1036. Preservation of certain defense reporting requirements.
Sec. 1037. Technical and clerical amendments.
Sec. 1038. Contributions for Spirit of Hope endowment fund of United
Service Organizations, Incorporated.
Sec. 1039. Chemical defense training facility.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Increase of pay cap for nonappropriated fund senior executive employees.
Sec. 1102. Restoration of leave for certain Department of Defense employees who deploy to a combat zone outside the United
States.
Sec. 1103. Expansion of Guard-and-Reserve purposes for which leave under section 6323 of title 5, United States Code, may be used.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Sec. 1201. Report on strategic stability under START III.
Sec. 1202. One-year extension of counterproliferation authorities for support of United Nations weapons inspection regime in
Iraq.
Sec. 1203. Military-to-military contacts with Chinese People's
Liberation Army.
Sec. 1204. Report on allied capabilities to contribute to major theater wars.
Sec. 1205. Limitation on funds for Bosnia peacekeeping operations for fiscal year 2000.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for specified purposes.
Sec. 1304. Limitations on use of funds for fissile material storage facility.
Sec. 1305. Limitation on use of funds for chemical weapons destruction.
Sec. 1306. Limitation on use of funds for biological weapons proliferation prevention activities.
Sec. 1307. Limitation on use of funds until submission of report and multiyear plan.
Sec. 1308. Requirement to submit report.
Sec. 1309. Report on Expanded Threat Reduction Initiative.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Authorization to accept electrical substation improvements,
Guam.
Sec. 2206. Correction in authorized use of funds, Marine Corps Combat
Development Command, Quantico, Virginia.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Military housing improvement program.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Increase in fiscal year 1997 authorization for military construction projects at Pueblo Chemical Activity,
Colorado.
Sec. 2407. Condition on obligation of military construction funds for drug interdiction and counter-drug activities.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition projects.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by law. Sec. 2702. Extension of authorizations of certain fiscal year 1997 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1996 projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Contributions for North Atlantic Treaty Organizations
Security Investment.
Sec. 2802. Development of Ford Island, Hawaii.
Sec. 2803. Restriction on authority to acquire or construct ancillary supporting facilities for housing units.
Sec. 2804. Planning and design for military construction projects for reserve components.
Sec. 2805. Limitations on authority to carry out small projects for acquisition of facilities for reserve components.
Sec. 2806. Expansion of entities eligible to participate in alternative authority for acquisition and improvement of military housing.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Extension of authority for lease of land for special operations activities.
Sec. 2812. Utility privatization authority.
Sec. 2813. Acceptance of funds to cover administrative expenses relating to certain real property transactions.
Sec. 2814. Study and report on impacts to military readiness of proposed land management changes on public lands in Utah.
Subtitle C--Defense Base Closure and Realignment
Sec. 2821. Continuation of authority to use Department of Defense Base
Closure Account 1990 for activities required to close or realign military installations.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Sec. 2831. Transfer of jurisdiction, Fort Sam Houston, Texas.
Sec. 2832. Land conveyance, Army Reserve Center, Kankakee, Illinois.
Sec. 2833. Land conveyance, Fort Des Moines, Iowa.
Sec. 2834. Land conveyance, Army Maintenance Support Activity (Marine)
Number 84, Marcus Hook, Pennsylvania.
Sec. 2835. Land conveyances, Army docks and related property, Alaska.
Sec. 2836. Land conveyance, Fort Huachuca, Arizona.
Sec. 2837. Land conveyance, Army Reserve Center, Cannon Falls,
Minnesota.
Sec. 2838. Land conveyance, Nike Battery 80 family housing site, East
Hanover Township, New Jersey.
Sec. 2839. Land exchange, Rock Island Arsenal, Illinois.
Sec. 2840. Modification of land conveyance, Joliet Army Ammunition
Plant, Illinois.
Sec. 2841. Land conveyances, Twin Cities Army Ammunition Plant,
Minnesota.
Part II--Navy Conveyances
Sec. 2851. Land conveyance, Naval Weapons Industrial Reserve Plant No.
387, Dallas, Texas.
Sec. 2852. Land conveyance, Naval and Marine Corps Reserve Center,
Orange, Texas.
Sec. 2853. Land conveyance, Marine Corps Air Station, Cherry Point,
North Carolina.
Part III--Air Force Conveyances
Sec. 2861. Conveyance of fuel supply line, Pease Air Force Base, New
Hampshire.
Sec. 2862. Land conveyance, Tyndall Air Force Base, Florida.
Sec. 2863. Land conveyance, Port of Anchorage, Alaska.
Sec. 2864. Land conveyance, Forestport Test Annex, New York.
Subtitle E--Other Matters
Sec. 2871. Expansion of Arlington National Cemetery.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Defense environmental management privatization.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. Limitation on use at Department of Energy laboratories of funds appropriated for the initiatives for proliferation prevention program.
Sec. 3132. Prohibition on use for payment of Russian Government taxes and customs duties of funds appropriated for the initiatives for proliferation prevention program.
Sec. 3133. Modification of laboratory-directed research and development to provide funds for theater ballistic missile defense.
Sec. 3134. Support of theater ballistic missile defense activities of the Department of Defense.
Subtitle D--Commission on Nuclear Weapons Management
Sec. 3151. Establishment of commission.
Sec. 3152. Duties of commission.
Sec. 3153. Reports.
Sec. 3154. Powers.
Sec. 3155. Commission procedures.
Sec. 3156. Personnel matters.
Sec. 3157. Miscellaneous administrative provisions.
Sec. 3158. Funding.
Sec. 3159. Termination of the commission.
Subtitle E--Other Matters
Sec. 3161. Procedures for meeting tritium production requirements.
Sec. 3162. Extension of authority of Department of Energy to pay voluntary separation incentive payments.
Sec. 3163. Fellowship program for development of skills critical to the
Department of Energy nuclear weapons complex.
Sec. 3164. Department of Energy records declassification.
Sec. 3165. Management of nuclear weapons production facilities and national laboratories.
Sec. 3166. Notice to congressional committees of compromise of classified information within nuclear energy defense programs.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Elimination of congressionally imposed disposal restrictions on specific stockpile materials.
TITLE XXXIV--MARITIME ADMINISTRATION
Sec. 3401. Short title.
Sec. 3402. Authorization of appropriations for fiscal year 2000.
Sec. 3403. Amendments to title XI of the Merchant Marine Act, 1936.
Sec. 3404. Extension of war risk insurance authority.
Sec. 3405. Ownership of the JEREMIAH O'BRIEN.
TITLE XXXV--PANAMA CANAL COMMISSION
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Office of Transition Administration.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ``congressional defense committees'' means--
(1) the Committee on Armed Services and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2000 for procurement for the Army as follows:
(1) For aircraft, $1,415,211,000.
(2) For missiles, $1,415,959,000.
(3) For weapons and tracked combat vehicles,
$1,575,096,000.
(4) For ammunition, $1,196,216,000.
(5) For other procurement, $3,799,895,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for fiscal year 2000 for procurement for the Navy as follows:
(1) For aircraft, $8,804,051,000.
(2) For weapons, including missiles and torpedoes,
$1,764,655,000.
(3) For shipbuilding and conversion, $6,687,172,000.
(4) For other procurement, $4,260,444,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated for fiscal year 2000 for procurement for the Marine Corps in the amount of 1,297,463,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized to be appropriated for procurement of ammunition for the Navy and the Marine Corps in the amount of
$612,900,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2000 for procurement for the Air Force as follows:
(1) For aircraft, $9,647,651,000.
(2) For missiles, $2,303,661,000.
(3) For ammunition, $560,537,000.
(4) For other procurement, $7,077,762,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2000 for Defense-wide procurement in the amount of
$2,107,839,000. SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal year 2000 for procurement of aircraft, vehicles, communications equipment, and other equipment for the reserve components of the Armed Forces as follows:
(1) For the Army National Guard, $10,000,000.
(2) For the Air National Guard, $10,000,000.
(3) For the Army Reserve, $10,000,000.
(4) For the Naval Reserve, $10,000,000.
(5) For the Air Force Reserve, $10,000,00.
(6) For the Marine Corps Reserve, $10,000,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 2000 for procurement for the Inspector General of the Department of Defense in the amount of $2,100,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal year 2000 the amount of $1,012,000,000 for--
(1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.
SEC. 108. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal year 2000 for the Department of Defense for procurement for carrying out health care programs, projects, and activities of the Department of Defense in the total amount of
$356,970,000.
SEC. 109. DEFENSE EXPORT LOAN GUARANTEE PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2000 for the Department of Defense for carrying out the Defense Export Loan Guarantee Program under section 2540 of title 10, United States Code, in the total amount of
$1,250,000.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR ARMY PROGRAMS.
(a) Multiyear Procurement Authority.--Subject to subsection
(b), the Secretary of the Army may, in accordance with section 2306b of title 10, United States Code, enter into a multiyear procurement contract beginning with the fiscal year 2000 program year for procurement for each of the following programs.
(1) The Javelin missile system.
(2) M2A3 Bradley fighting vehicles.
(3) AH-64D Longbow Apache attack helicopters.
(4) The M1A2 Abrams main battle tank upgrade program combined with the Heavy Assault Bridge program.
(b) Required Report.--The Secretary of the Army may not enter into a multiyear contract under subsection (a) for a program named in one of the paragraphs of that subsection until the Secretary of Defense submits to the congressional defense committees a report with respect to that contract that provides the following information, shown for each year in the current future-years defense program and in the aggregate over the period of the current future-years defense program:
(1) The amount of total obligational authority under the contract and the percentage that such amount represents of
(A) the applicable procurement account, and (B) the service procurement total.
(2) The amount of total obligational authority under all Army multiyear procurements (determined without regard to the amount of the multiyear contract) under multiyear contracts in effect immediately before the contract under subsection
(a) is entered into and the percentage that such amount represents of (A) the applicable procurement account, and (B) the service procurement total.
(3) The amount equal to the sum of the amounts under paragraphs (1) and (2) and the percentage that such amount represents of (A) the applicable procurement account, and (B) the service procurement total.
(4) The amount of total obligational authority under all Department of Defense multiyear procurements (determined without regard to the amount of the multiyear contract), including the contract under subsection (a) and each additional multiyear contract authorized by this Act, and the percentage that such amount represents of the procurement accounts of the Department of Defense treated in the aggregate.
(5) For purposes of this subsection:
(A) The term ``applicable procurement account'' means, with respect to the multiyear contract under subsection (a), the Department of the Army procurement account from which funds to discharge obligations under the contract will be provided.
(B) The term ``service procurement total'' means, with respect to the multiyear contract under subsection (a), the procurement accounts of the Army treated in the aggregate.
SEC. 112. EXTENSION OF PILOT PROGRAM ON SALES OF MANUFACTURED
ARTICLES AND SERVICES OF CERTAIN ARMY
INDUSTRIAL FACILITIES WITHOUT REGARD TO
AVAILABILITY FROM DOMESTIC SOURCES.
Section 141 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 4543 note) is amended--
(1) in subsection (a), by striking ``fiscal years 1998 and 1999'' and inserting ``fiscal years 1998 through 2001'';
(2) in subsection (b), by striking ``fiscal year 1998 or 1999'' and inserting ``the period during which the pilot program is being conducted''; and
(3) by adding at the end the following new subsection:
``(d) Update of Report.--Not later March 1, 2001, the Inspector General of the Department of Defense shall submit to Congress an update of the report required to be submitted under subsection (c) and an assessment of the success of the pilot program.''.
SEC. 113. REVISION TO CONDITIONS FOR AWARD OF A SECOND-SOURCE
PROCUREMENT CONTRACT FOR THE FAMILY OF MEDIUM
TACTICAL VEHICLES.
The text of section 112 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1973) is amended to read as follows:
``(a) Limitation on Second-Source Award.--The Secretary of the Army may award a full-rate production contract (known as a Phase III contract) for production of the Family of Medium Tactical Vehicles to a second source only after the Secretary submits to the congressional defense committees a certification in writing of the following:
``(1) That the total quantity of trucks within the Family of Medium Tactical Vehicles program that the Secretary will require to be delivered (under all contracts) in any 12-month period will be sufficient to enable the prime contractor to maintain a minimum production level of 150 trucks per month.
``(2) That the total cost to the Army of the procurements under the prime and second-source contracts over the period of those contracts will be the same as or lower than the amount that would be the total cost of the procurements if such a second-source contract were not awarded.
``(3) That the trucks to be produced under those contracts will be produced with common components that will be interchangeable among similarly configured models.
``(b) Definitions.--In this section:
``(1) The term `prime contractor' means the contractor under the production contract for the Family of Medium Tactical Vehicles program as of the date of the enactment of this Act.
``(2) The term `second source' means a firm other than the prime contractor.''.
Subtitle C--Navy Programs
SEC. 121. F/A-18E/F SUPER HORNET AIRCRAFT PROGRAM.
(a) Multiyear Procurement Authority.--Subject to subsection
(b) and (c), the Secretary of the Navy may, in accordance with section 2306b of title 10, United States Code, enter into a multiyear procurement contract beginning with the fiscal year 2000 program year for procurement for the F/A-18E/F aircraft program.
(b) Required Report.--The Secretary of the Navy may not enter into a multiyear contract under subsection (a) until the Secretary of Defense submits to the congressional defense committees a report with respect to that contract that provides the following information, shown for each year in the current future-years defense program and in the aggregate over the period of the current future-years defense program:
(1) The amount of total obligational authority under the contract and the percentage that such amount represents of
(A) the applicable procurement account, and (B) the service procurement total.
(2) The amount of total obligational authority under all Navy multiyear procurements (determined without regard to the amount of the multiyear contract) under multiyear contracts in effect immediately before the contract under subsection
(a) is entered into and the percentage that such amount represents of (A) the applicable procurement account, and (B) the service procurement total.
(3) The amount equal to the sum of the amounts under paragraphs (1) and (2) and the percentage that such amount represents of (A) the applicable procurement account, and (B) the service procurement total.
(4) The amount of total obligational authority under all Department of Defense multiyear procurements (determined without regard to the amount of the multiyear contract), including the contract under subsection (a) and each additional multiyear contract authorized by this Act, and the percentage that such amount represents of the procurement accounts of the Department of Defense treated in the aggregate.
(5) For purposes of this subsection:
(A) The term ``applicable procurement account'' means, with respect to the multiyear contract under subsection (a), the Aircraft Procurement, Navy account.
(B) The term ``service procurement total'' means, with respect to the multiyear contract under subsection (a), the procurement accounts of the Navy treated in the aggregate.
(c) Limitation With Respect To Operational Test and Evaluation.--The Secretary of the Navy may not enter into a multiyear procurement contract authorized by subsection (a) until--
(1) the Secretary of Defense submits to the congressional defense committees a certification described in subsection
(c); and
(2) a period of 30 continuous days of a Congress (as determined under subsection (d)) elapses after the submission of that certification.
(d) Required Certification.--A certification referred to in subsection (c)(1) is a certification by the Secretary of Defense of each of the following:
(1) That the results of the Operational Test and Evaluation program for the F/A-18E/F aircraft indicate--
(A) that the aircraft meets the requirements for operational effectiveness and suitability established by the Secretary of the Navy; and
(B) that the aircraft meets key performance specifications established by the Secretary of the Navy.
(2) That the cost of procurement of that aircraft using a multiyear procurement contract as authorized by subsection
(a), assuming procurement of 222 aircraft, is at least 7.4 percent less than the cost of procurement of the same number of aircraft through annual contracts.
(e) Continuity of Congress.--For purposes of subsection
(c)(2)--
(1) the continuity of a Congress is broken only by an adjournment of the Congress sine die at the end of the final session of the Congress; and
(2) any day on which either House of Congress is not in session because of an adjournment of more than three days to a day certain, or because of an adjournment sine die at the end of the first session of a Congress, shall be excluded in the computation of such 30-day period.
Subtitle D--Chemical Stockpile Destruction Program
SEC. 141. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL
CHEMICAL AGENTS AND MUNITIONS.
(a) Program Assessment.--(1) The Secretary of Defense shall conduct an assessment of the current program for destruction of the United States' stockpile of chemical agents and munitions, including the Assembled Chemical Weapons Assessment, for the purpose of reducing significantly the cost of such program and ensuring completion of such program in accordance with the obligations of the United States under the Chemical Weapons Convention while maintaining maximum protection of the general public, the personnel involved in the demilitarization program, and the environment.
(2) Based on the results of the assessment conducted under paragraph (1), the Secretary may take those actions identified in the assessment that may be accomplished under existing law to achieve the purposes of such assessment and the chemical agents and munitions stockpile destruction program.
(3) Not later than March 1, 2000, the Secretary shall submit to Congress a report on--
(A) those actions taken, or planned to be taken, under paragraph (2); and
(B) any recommendations for additional legislation that may be required to achieve the purposes of the assessment conducted under paragraph (1) and of the chemical agents and munitions stockpile destruction program.
(b) Changes and Clarifications Regarding Program.--Section 1412 of the Department of Defense Authorization Act, 1986
(Public Law 99-145; 50 U.S.C. 1521) is amended--
(1) in subsection (c)--
(A) by striking paragraph (2) and inserting the following new paragraph:
``(2) Facilities constructed to carry out this section shall, when no longer needed for the purposes for which they were constructed, be disposed of in accordance with applicable laws and regulations and mutual agreements between the Secretary of the Army and the Governor of the State in which the facility is located.'';
(B) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(C) by inserting after paragraph (2) (as amended by subparagraph (A)) the following new paragraph:
``(3)(A) Facilities constructed to carry out this section may not be used for a purpose other than the destruction of the stockpile of lethal chemical agents and munitions that exists on November 8, 1985.
``(B) The prohibition in subparagraph (A) shall not apply with respect to items designated by the Secretary of Defense as lethal chemical agents, munitions, or related materials after November 8, 1985, if the State in which a destruction facility is located issues the appropriate permit or permits for the destruction of such items at the facility.'';
(2) in subsection (f)(2), by striking ``(c)(4)'' and inserting ``(c)(5)''; and
(3) in subsection (g)(2)(B), by striking ``(c)(3)'' and inserting ``(c)(4)''.
(c) Definitions.--As used in this section:
(1) The term ``Assembled Chemical Weapons Assessment'' means the pilot program carried out under section 8065 of the Department of Defense Appropriations Act, 1997 (section 101(b) of Public Law 104-208; 110 Stat. 3009-101; 50 U.S.C. 1521 note).
(2) The term ``Chemical Weapons Convention'' means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and Their Destruction, ratified by the United States on April 25, 1997, and entered into force on April 29, 1997.
SEC. 142. ALTERNATIVE TECHNOLOGIES FOR DESTRUCTION OF
ASSEMBLED CHEMICAL WEAPONS.
Section 142(a) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 1521 note) is amended to read as follows:
``(a) Program Management.--(1) The program manager for the Assembled Chemical Weapons Assessment program shall manage the development and testing of technologies for the destruction of lethal chemical munitions that are potential or demonstrated alternatives to the baseline incineration program.
``(2) The Under Secretary of Defense for Acquisition and Technology and the Secretary of the Army shall jointly submit to Congress, not later than December 1, 1999, a plan for the transfer of oversight of the Assembled Chemical Weapons Assessment program from the Under Secretary to the Secretary.
``(3) Oversight of the Assembled Chemical Weapons Assessment program shall be transferred from the Under Secretary of Defense for Acquisition and Technology to the Secretary of the Army pursuant to the plan submitted under paragraph (2) not later than 90 days after the date of the submission of the notice required under section 152(f)(2) of the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 50 U.S.C. 1521).
``(4) The Under Secretary of Defense for Acquisition and Technology and the Secretary of the Army shall ensure coordination of the activities and plans of the program manager for the Assembled Chemical Weapons Assessment program and the program manager for Chemical Demilitarization during the demonstration and pilot plant facility phase for an alternative technology.
``(5) For those baseline demilitarization facilities for which the Secretary decides that implementation of an alternative technology may be recommended, the Secretary may take those measures necessary to facilitate the integration of the alternative technology.''.
Subtitle E--Other Matters
SEC. 151. LIMITATION ON EXPENDITURES FOR SATELLITE
COMMUNICATIONS.
(a) In General.--Chapter 136 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 2282. Purchase or lease of communications services: limitation
``The Secretary of Defense may not obligate any funds after September 30, 2000, to buy a commercial satellite communications system or to lease a communications service, including mobile satellite communications, unless the Secretary determines that the system or service to be purchased or leased has been proven through independent testing--
``(1) not to cause harmful interference to, or to disrupt the use of, colocated commercial or military Global Positioning System receivers used by the Department of Defense; and
``(2) to be safe for use with such receivers in all other respects.''.
(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
``2282. Purchase or lease of communications services: limitation.''.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2000 for the use of the Department of Defense for research, development, test, and evaluation as follows:
(1) For the Army, $4,708,194,000.
(2) For the Navy, $8,358,529,000.
(3) For the Air Force, $13,212,671,000.
(4) For Defense-wide activities, $9,556,285,000, of which--
(A) $253,457,000 is authorized for the activities of the Director, Test and Evaluation; and
(B) $24,434,000 is authorized for the Director of Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) Fiscal Year 2000.--Of the amounts authorized to be appropriated by section 201, $4,248,465,000 shall be available for basic research and applied research projects.
(b) Basic Research and Applied Research Defined.--For purposes of this section, the term ``basic research and applied research'' means work funded in program elements for defense research and development under Department of Defense category 6.1 or 6.2.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. COLLABORATIVE PROGRAM TO EVALUATE AND DEMONSTRATE
ADVANCED TECHNOLOGIES FOR ADVANCED CAPABILITY
COMBAT VEHICLES.
(a) Establishment of Program.--The Secretary of Defense shall establish and carry out a program to provide for the evaluation and competitive demonstration of concepts for advanced capability combat vehicles for the Army.
(b) Covered Program.--The program under subsection (a) shall be carried out collaboratively pursuant to a memorandum of agreement to be entered into between the Secretary of the Army and the Director of the Defense Advanced Research Projects Agency. The program shall include the following activities:
(1) Consideration and evaluation of technologies having the potential to enable the development of advanced capability combat vehicles that are significantly superior to the existing M1 series of tanks in terms of capability for combat, survival, support, and deployment, including but not limited to the following technologies:
(A) Weapon systems using electromagnetic power, directed energy, and kinetic energy.
(B) Propulsion systems using hybrid electric drive.
(C) Mobility systems using active and semi-active suspension and wheeled vehicle suspension.
(D) Protection systems using signature management, lightweight materials, and full-spectrum active protection.
(E) Advanced robotics, displays, man-machine interfaces, and embedded training.
(F) Advanced sensory systems and advanced systems for combat identification, tactical navigation, communication, systems status monitoring, and reconnaissance.
(G) Revolutionary methods of manufacturing combat vehicles.
(2) Incorporation of the most promising such technologies into demonstration models.
(3) Competitive testing and evaluation of such demonstration models.
(4) Identification of the most promising such demonstration models within a period of time to enable preparation of a full development program capable of beginning by fiscal year 2007.
(c) Report.--Not later than January 31, 2000, the Secretary of the Army and the Director of the Defense Advanced Research Projects Agency shall submit to the congressional defense committees a joint report on the implementation of the program under subsection (a). The report shall include the following:
(1) A description of the memorandum of agreement referred to in subsection (b).
(2) A schedule for the program.
(3) An identification of the funding required for fiscal year 2001 and for the future-years defense program to carry out the program.
(4) A description and assessment of the acquisition strategy for combat vehicles planned by the Secretary of the Army that would sustain the existing force of M1-series tanks, together with a complete identification of all operation, support, ownership, and other costs required to carry out such strategy through the year 2030.
(5) A description and assessment of one or more acquisition strategies for combat vehicles, alternative to the strategy referred to in paragraph (4), that would develop a force of advanced capability combat vehicles significantly superior to the existing force of M1-series tanks and, for each such alternative acquisition strategy, an estimate of the funding required to carry out such strategy.
(d) Funds.--Of the amount authorized to be appropriated for Defense-wide activities by section 201(4) for the Defense Advanced Research Projects Agency, $56,200,000 shall be available only to carry out the program under subsection (a).
SEC. 212. REVISIONS IN MANUFACTURING TECHNOLOGY PROGRAM.
(a) Additional Purpose of Program.--Subsection (b) of section 2525 of title 10, United States Code, is amended--
(1) by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively; and
(2) by inserting after paragraph (3) the following new paragraph:
``(4) to address broad defense-related manufacturing inefficiencies and requirements;''.
(b) Repeal of Cost-Share Goal.--Subsection (d) of such section is amended by striking paragraph (3).
Subtitle C--Ballistic Missile Defense
SEC. 231. ADDITIONAL PROGRAM ELEMENTS FOR BALLISTIC MISSILE
DEFENSE PROGRAMS.
Section 223(a) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (5) through (12) as paragraphs (6) through (13), respectively;
(2) by inserting after paragraph (4) the following new paragraph (5):
``(5) Upper Tier.''; and
(3) by adding at the end the following new paragraphs:
``(14) Space Based Infrared System Low.
``(15) Space Based Infrared System High.''.
Subtitle D--Other Matters
SEC. 241. DESIGNATION OF SECRETARY OF THE ARMY AS EXECUTIVE
AGENT FOR HIGH ENERGY LASER TECHNOLOGIES.
(a) Designation.--The Secretary of Defense shall designate the Secretary of the Army as the Department of Defense executive agent for oversight of research, development, test, and evaluation of specified high energy laser technologies.
(b) Location for Carrying Out Oversight Functions.--The functions of the Secretary of the Army as such executive agent shall be carried out through the Army Space and Missile Defense Command at the High Energy Laser Systems Test Facility at White Sands Missile Range, New Mexico.
(c) Functions.--The responsibilities of the Secretary of the Army as such executive agent shall include the following:
(1) Developing policy and overseeing the establishment of, and adherence to, procedures for ensuring that projects of the Department of Defense involving specified high energy laser technologies are initiated and administered effectively.
(2) Assessing and making recommendations to the Secretary of Defense regarding the capabilities demonstrated by specified high energy laser technologies and the potential of such technologies to meet operational military requirements.
(d) Specified High Energy Laser Technologies.--For purposes of this section, the term ``specified high energy laser technologies'' means technologies that--
(1) use lasers of one or more kilowatts; and
(2) have potential weapons applications.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2000 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:
(1) For the Army, $19,476,694,000.
(2) For the Navy, $22,785,215,000.
(3) For the Marine Corps, $2,777,429,000.
(4) For the Air Force, $21,514,958,000.
(5) For Defense-wide activities, $10,968,614,000.
(6) For the Army Reserve, $1,512,513,000.
(7) For the Naval Reserve, $965,847,000.
(8) For the Marine Corps Reserve, $137,266,000.
(9) For the Air Force Reserve, $1,730,937,000.
(10) For the Army National Guard, $3,141,049,000.
(11) For the Air National Guard, $3,185,918,000.
(12) For the Defense Inspector General, $130,744,000.
(13) For the United States Court of Appeals for the Armed Forces, $7,621,000.
(14) For Environmental Restoration, Army, $378,170,000.
(15) For Environmental Restoration, Navy, $284,000,000.
(16) For Environmental Restoration, Air Force,
$376,800,000.
(17) For Environmental Restoration, Defense-wide,
$25,370,000.
(18) For Environmental Restoration, Formerly Used Defense Sites, $199,214,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid programs, $50,000,000.
(20) For Drug Interdiction and Counter-drug Activities, Defense-wide, $811,700,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and Environmental Restoration Trust Fund, $15,000,000.
(22) For Defense Health Program, $10,496,687,000.
(23) For Cooperative Threat Reduction programs,
$444,100,000.
(24) For Overseas Contingency Operations Transfer Fund,
$2,387,600,000.
(25) For Quality of Life Enhancements, $1,845,370,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2000 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $90,344,000.
(2) For the National Defense Sealift Fund, $434,700,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2000 from the Armed Forces Retirement Home Trust Fund the sum of $68,295,000 for the operation of the Armed Forces Retirement Home, including the United States Soldiers' and Airmen's Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE
TRANSACTION FUND.
(a) Transfer Authority.--To the extent provided in appropriations Acts, not more than $150,000,000 is authorized to be transferred from the National Defense Stockpile Transaction Fund to operation and maintenance accounts for fiscal year 2000 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) Treatment of Transfers.--Amounts transferred under this section--
(1) shall be merged with, and be available for the same purposes and the same period as, the amounts in the accounts to which transferred; and
(2) may not be expended for an item that has been denied authorization of appropriations by Congress.
(c) Relationship to Other Transfer Authority.--The transfer authority provided in this section is in addition to the transfer authority provided in section 1001.
SEC. 305. TRANSFER TO DEFENSE WORKING CAPITAL FUNDS TO
SUPPORT DEFENSE COMMISSARY AGENCY.
(a) Army Operation and Maintenance Funds.--The Secretary of the Army shall transfer $346,154,000 of the amount authorized to be appropriated by section 301(1) for operation and maintenance for the Army to the Defense Working Capital Funds for the purpose of funding operations of the Defense Commissary Agency.
(b) Navy Operation and Maintenance Funds.--The Secretary of the Navy shall transfer $263,070,000 of the amount authorized to be appropriated by section 301(2) for operation and maintenance for the Navy to the Defense Working Capital Funds for the purpose of funding operations of the Defense Commissary Agency.
(c) Marine Corps Operation and Maintenance Funds.--The Secretary of the Navy shall transfer $90,834,000 of the amount authorized to be appropriated by section 301(3) for operation and maintenance for the Marine Corps to the Defense Working Capital Funds for the purpose of funding operations of the Defense Commissary Agency.
(d) Air Force Operation and Maintenance Funds.--The Secretary of the Air Force shall transfer $309,061,000 of the amount authorized to be appropriated by section 301(4) for operation and maintenance for the Air Force to the Defense Working Capital Funds for the purpose of funding operations of the Defense Commissary Agency.
(e) Treatment of Transfers.--Amounts transferred under this section--
(1) shall be merged with, and be available for the same purposes and the same period as, other amounts in the Defense Working Capital Funds available for the purpose of funding operations of the Defense Commissary Agency; and
(2) may not be expended for an item that has been denied authorization of appropriations by Congress.
(f) Relationship to Other Transfer Authority.--The transfers required by this section are in addition to the transfer authority provided in section 1001.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 311. REIMBURSEMENT OF NAVY EXCHANGE SERVICE COMMAND FOR
RELOCATION EXPENSES.
Of the amount authorized to be appropriated by section 301(5) for operation and maintenance for Defense-wide activities, $8,700,000 shall be available to the Secretary of Defense for the purpose of reimbursing the Navy Exchange Service Command for costs incurred by the Navy Exchange Service Command, and ultimately paid by the Navy Exchange Service Command using nonappropriated funds, to relocate to Virginia Beach, Virginia, and to lease headquarters space in Virginia Beach.
Subtitle C--Environmental Provisions
SEC. 321. REMEDIATION OF ASBESTOS AND LEAD-BASED PAINT.
(a) Use of Certain Contracts.--The Secretary of Defense shall use Army Corps of Engineers indefinite delivery, indefinite quantity contracts for the remediation of asbestos and lead-based paint at military installations within the United States in accordance with all applicable Federal and State laws and Department of Defense regulations.
(b) Waiver Authority.--The Secretary of Defense may waive subsection (a) with regard to a military installation that requires asbestos or lead-based paint remediation if the military installation is not included in an Army Corps of Engineers indefinite delivery, indefinite quantity contract. The Secretary shall grant any such waiver on a case-by-case basis.
Subtitle D--Performance of Functions by Private-Sector Sources
SEC. 331. EXPANSION OF ANNUAL REPORT ON CONTRACTING FOR
COMMERCIAL AND INDUSTRIAL TYPE FUNCTIONS.
Section 2461(g) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before the first sentence;
(2) in the second sentence, by striking ``The Secretary shall'' and inserting the following:
``(3) The Secretary shall also''; and
(3) by inserting after the first sentence the following new paragraph:
``(2) The Secretary shall include in each such report a summary of the number of work year equivalents performed by employees of private contractors in providing services to the Department (including both direct and indirect labor attributable to the provision of the services) and the total value of the contracted services. The work year equivalents and total value of the services shall be categorized by Federal supply class or service code (using the first character of the code), the appropriation from which the services were funded, and the major organizational element of the Department procuring the services.''.
SEC. 332. CONGRESSIONAL NOTIFICATION OF A-76 COST COMPARISON
WAIVERS.
(a) Notification Required.--Section 2467 of title 10, United States Code, is amended by adding at the end the following new subsection:
``(c) Congressional Notification of Cost Comparison Waiver.--(1) Not later than 10 days after a decision is made to waive the cost comparison study otherwise required under Office of Management and Budget Circular A-76 as part of the process to convert to contractor performance any commercial activity of the Department of Defense, the Secretary of Defense shall submit to Congress a report describing the commercial activity subject to the waiver and the rationale for the waiver.
``(2) The report shall also include the following:
``(A) The total number of civilian employees or military personnel adversely affected by the decision to waive the cost comparison study and convert the commercial activity to contractor performance.
``(B) An explanation of whether the contractor was selected, or will be selected, on a competitive basis or sole source basis.
``(C) The anticipated savings to result from the waiver and resulting conversion to contractor performance.''.
(b) Clerical Amendments.--(1) The heading of such section is amended to read as follows:
``Sec. 2467. Cost comparisons: inclusion of retirement costs; consultation with employees; waiver of comparison''.
(2) The table of sections at the beginning of chapter 146 of such title is amended by striking the item relating to section 2467 and inserting the following new item:
``2467. Cost comparisons: inclusion of retirement costs; consultation with employees; waiver of comparison.''.
SEC. 333. IMPROVED EVALUATION OF LOCAL ECONOMIC EFFECT OF
CHANGING DEFENSE FUNCTIONS TO PRIVATE SECTOR
PERFORMANCE.
Section 2461(b)(3)(B) of title 10, United States Code, is amended by striking clause (ii) and inserting the following new clause (ii):
``(ii) The local community and the local economy, identifying and taking into consideration any unique circumstances affecting the local community or the local economy, if more than 50 employees of the Department of Defense perform the function.''.
SEC. 334. ANNUAL REPORTS ON EXPENDITURES FOR PERFORMANCE OF
DEPOT-LEVEL MAINTENANCE AND REPAIR WORKLOADS BY
PUBLIC AND PRIVATE SECTORS.
Subsection (e) of section 2466 of title 10, United States Code, is amended to read as follows:
``(e) Annual Reports.--(1) Not later than February 1 of each year, the Secretary of Defense shall submit to Congress a report identifying, for each of the armed forces (other than the Coast Guard) and each Defense Agency, the percentage of the funds referred to in subsection (a) that were expended during the preceding two fiscal years for performance of depot-level maintenance and repair workloads by the public and private sectors, as required by this section.
``(2) Not later than April 1 of each year, the Secretary of Defense shall submit to Congress a report identifying, for each of the armed forces (other than the Coast Guard) and each Defense Agency, the percentage of the funds referred to in subsection (a) that are projected to be expended during each of the next five fiscal years for performance of depot-level maintenance and repair workloads by the public and private sectors, as required by this section.
``(3) Not later than 60 days after the date on which the Secretary submits a report under this subsection, the Comptroller General shall submit to Congress the Comptroller General's views on whether--
``(A) in the case of a report under paragraph (1), the Department of Defense has complied with the requirements of subsection (a) for the fiscal years covered by the report; and
``(B) in the case of a report under paragraph (2), the expenditure projections for future fiscal years are reasonable.''.
SEC. 335. APPLICABILITY OF COMPETITION REQUIREMENT IN
CONTRACTING OUT WORKLOADS PERFORMED BY DEPOT-
LEVEL ACTIVITIES OF DEPARTMENT OF DEFENSE.
Section 2469(b) of title 10, United States Code, is amended by inserting ``(including the cost of labor and materials)'' after ``$3,000,000''.
SEC. 336. TREATMENT OF PUBLIC SECTOR WINNING BIDDERS FOR
CONTRACTS FOR PERFORMANCE OF DEPOT-LEVEL
MAINTENANCE AND REPAIR WORKLOADS FORMERLY
PERFORMED AT CERTAIN MILITARY INSTALLATIONS.
Section 2469a of title 10, United States Code, is amended by adding at the end the following new subsection:
``(i) Oversight of Contracts Awarded Public Entities.--The Secretary of Defense or the Secretary concerned may not impose on a public sector entity awarded a contract for the performance of any depot-level maintenance and repair workload described in subsection (b) any requirements regarding management systems, reviews, oversight, or reporting different from the requirements used in the performance and management of other depot-level maintenance and repair workloads by the entity, unless specifically provided in the solicitation for the contract.''.
SEC. 337. PROCESS FOR MODERNIZATION OF COMPUTER SYSTEMS AT
ARMY COMPUTER CENTERS.
(a) Covered Army Computer Centers.--This section applies with respect to the following computer centers of the of the Army Communications Electronics Command of the Army Material Command:
(1) Logistics Systems Support Center in St. Louis, Missouri.
(2) Industrial Logistics System Center in Chambersburg, Pennsylvania.
(b) Development of Most Efficient Organization.--Before selecting any entity to develop and implement a new computer system for the Army Material Command to perform the functions currently performed by the Army computer centers specified in subsection (a), the Secretary of the Army shall provide the computer centers with an opportunity to establish their most efficient organization. The most efficient organization shall be in place not later than May 31, 2001.
(c) Modernization Process.--After the most efficient organization is in place at the Army computer centers specified in subsection (a), civilian employees of the Department of Defense at these centers shall work in partnership with the entity selected to develop and implement a new computer system to perform the functions currently performed by these centers to--
(1) ensure that the current computer system remains operational to meet the needs of the Army Material Command until the replacement computer system is fully operational and successfully evaluated; and
(2) to provide transition assistance to the entity for the duration of the transition from the current computer system to the replacement computer system.
SEC. 338. EVALUATION OF TOTAL SYSTEM PERFORMANCE
RESPONSIBILITY PROGRAM.
(a) Report Required.--Not later than February 1, 2000, the Secretary of the Air Force shall submit to Congress a report identifying all Air Force programs that--
(1) are currently managed under the Total System Performance Responsibility Program or similar programs; or
(2) are presently planned to be managed using the Total System Performance Responsibility Program or a similar program.
(b) Evaluation.--As part of the report required by subsection (a), the Secretary of the Air Force shall include an evaluation of the following:
(1) The manner in which the Total System Performance Responsibility Program and similar programs support the readiness and warfighting capability of the Armed Forces and complement the support of the logistics depots.
(2) The effect of the Total System Performance Responsibility Program and similar programs on the long-term viability of core Government logistics management skills.
(3) The process and criteria used by the Air Force to determine whether or not Government employees can perform sustainment management functions more cost effectively than the private sector.
(c) Comptroller General Review.--Not later than 30 days after the date on which the report required by subsection (a) is submitted to Congress, the Comptroller General shall review the report and submit to Congress a briefing evaluating the report.
SEC. 339. IDENTIFICATION OF CORE LOGISTICS CAPABILITY
REQUIREMENTS FOR MAINTENANCE AND REPAIR OF C-17
AIRCRAFT.
(a) Identification Report Required.--Building upon the plan required by section 351 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261), the Secretary of the Air Force shall submit to Congress a report identifying the core logistics capability requirements for depot-level maintenance and repair for the C-17 aircraft. To identify such requirements, the Secretary shall comply with section 2464 of title 10, United States Code. The Secretary shall submit the report to Congress not later than February 1, 2000.
(b) Effect on Existing Contract.--After February 1, 2000, the Secretary of the Air Force may not extend the Interim Contract for the C-17 Flexible Sustainment Program before the end of the 60-day period beginning on the date on which the report required by subsection (a) is received by Congress.
(c) Comptroller General Review.--During the period specified in subsection (b), the Comptroller General shall review the report submitted under subsection (a) and submit to Congress a report evaluating the following:
(1) The merits of the report submitted under subsection
(a).
(2) The extent to which the Air Force is relying on systems for core logistics capability where the workload of Government-owned and Government-operated depots is phasing down because the systems are phasing out of the inventory.
(3) The cost effectiveness of the C-17 Flexible Sustainment Program--
(A) by identifying depot maintenance and materiel costs for contractor support; and
(B) by comparing those costs to the costs originally estimated by the Air Force and to the cost of similar work in an Air Force Logistics Center.
Subtitle E--Defense Dependents Education
SEC. 341. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES.
(a) Modified Department of Defense Program for Fiscal Year 2000.--Of the amount authorized to be appropriated by section 301(5) for operation and maintenance for Defense-wide activities, $35,000,000 shall be available only for the purpose of providing educational agencies assistance (as defined in subsection (d)(1)) to local educational agencies.
(b) Notification.--Not later than June 30, 2000, the Secretary of Defense shall notify each local educational agency that is eligible for educational agencies assistance for fiscal year 2000 of--
(1) that agency's eligibility for educational agencies assistance; and
(2) the amount of the educational agencies assistance for which that agency is eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall disburse funds made available under subsection (a) not later than 30 days after the date on which notification to the eligible local educational agencies is provided pursuant to subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means assistance authorized under section 386(b) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 20 U.S.C. 7703 note).
(2) The term ``local educational agency'' has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(e) Determination of Eligible Local Educational Agencies.--Section 386(c)(1) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 20 U.S.C. 7703 note) is amended by striking ``in that fiscal year are'' and inserting ``during the preceding school year were''.
SEC. 342. CONTINUATION OF ENROLLMENT AT DEPARTMENT OF DEFENSE
DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY
SCHOOLS.
Section 2164 of title 10, United States Code, is amended--
(1) in subsection (c), by striking paragraph (3); and
(2) by adding at the end the following new subsection:
``(h) Continuation of Enrollment Despite Change in Status.--(1) A dependent of a member of the armed forces or a dependent of a Federal employee may continue enrollment in an educational program provided by the Secretary of Defense pursuant to subsection (a) for the remainder of a school year notwithstanding a change during such school year in the status of the member or Federal employee that, except for this paragraph, would otherwise terminate the eligibility of the dependent to be enrolled in the program.
``(2) A dependent of a member of the armed forces, or a dependent of a Federal employee, who was enrolled in an educational program provided by the Secretary pursuant to subsection (a) while a junior in that program may be enrolled as a senior in that program in the next school year, notwithstanding a change in the enrollment eligibility status of the dependent that, except for this paragraph, would otherwise terminate the eligibility of the dependent to be enrolled in the program.
``(3) Paragraphs (1) and (2) do not limit the authority of the Secretary to remove a dependent from enrollment in an educational program provided by the Secretary pursuant to subsection (a) at any time for good cause determined by the Secretary.''.
SEC. 343. TECHNICAL AMENDMENTS TO DEFENSE DEPENDENTS'
EDUCATION ACT OF 1978.
The Defense Dependents' Education Act of 1978 (title XIV of Public Law 95-561) is amended as follows:
(1) Section 1402(b)(1) (20 U.S.C. 921(b)(1)) is amended by striking ``recieve'' and inserting ``receive''.
(2) Section 1403 (20 U.S.C. 922) is amended--
(A) by striking the matter in that section preceding subsection (b) and inserting the following:
``administration of defense dependents' education system
``Sec. 1403. (a) The defense dependents' education system is operated through the field activity of the Department of Defense known as the Department of Defense Education Activity. That activity is headed by a Director, who is a civilian and is selected by the Secretary of Defense. The Director reports to an Assistant Secretary of Defense designated by the Secretary of Defense for purposes of this title.'';
(B) in subsection (b), by striking ``this Act'' and inserting ``this title'';
(C) in subsection (c)(1), by inserting ``(20 U.S.C. 901 et seq.)'' after ``Personnel Practices Act'';
(D) in subsection (c)(2), by striking the period at the end and inserting a comma;
(E) in subsection (c)(6), by striking ``Assistant Secretary of Defense for Manpower, Reserve Affairs, and Logistics'' and inserting ``the Assistant Secretary of Defense designated under subsection (a)'';
(F) in subsection (d)(1), by striking ``for the Office of Dependents' Education'';
(G) in subsection (d)(2)--
(i) by striking the first sentence;
(ii) by striking ``Whenever the Office of Dependents' Education'' and inserting ``Whenever the Department of Defense Education Activity'';
(iii) by striking ``after the submission of the report required under the preceding sentence'' and inserting ``in a manner that affects the defense dependents' education system''; and
(iv) by striking ``an additional report'' and inserting ``a report''; and
(H) in subsection (d)(3), by striking ``the Office of Dependents' Education'' and inserting ``the Department of Defense Education Activity''.
(3) Section 1409 (20 U.S.C. 927) is amended--
(A) in subsection (b), by striking ``Department of Health, Education, and Welfare in accordance with section 431 of the General Education Provisions Act'' and inserting ``Secretary of Education in accordance with section 437 of the General Education Provisions Act (20 U.S.C. 1232)'';
(B) in subsection (c)(1), by striking ``by academic year 1993-1994''; and
(C) in subsection (c)(3)--
(i) by striking ``Implementation timelines.--In carrying out'' and all that follows through ``a comprehensive'' and inserting ``Implementation.--In carrying out paragraph (2), the Secretary shall have in effect a comprehensive'';
(ii) by striking the semicolon after ``such individuals'' and inserting a period; and
(iii) by striking subparagraphs (B) and (C).
(4) Section 1411(d) (20 U.S.C. 929(d)) is amended by striking ``grade GS-18 in section 5332 of title 5, United States Code'' and inserting ``level IV of the Executive Schedule under section 5315 of title 5, United States Code''.
(5) Section 1412 (20 U.S.C. 930) is amended--
(A) in subsection (a)(1)--
(i) by striking ``As soon as'' and all that follows through
``shall provide for'' and inserting ``The Director may from time to time, but not more frequently than once a year, provide for''; and
(ii) by striking ``system, which'' and inserting ``system. Any such study'';
(B) in subsection (a)(2)--
(i) by striking ``The study required by this subsection'' and inserting ``Any study under paragraph (1)''; and
(ii) by striking ``not later than two years after the effective date of this title'';
(C) in subsection (b), by striking ``the study'' and inserting ``any study'';
(D) in subsection (c)--
(i) by striking ``not later than one year after the effective date of this title the report'' and inserting ``any report''; and
(ii) by striking ``the study'' and inserting ``a study''; and
(E) by striking subsection (d).
(6) Section 1413 (20 U.S.C. 931) is amended by striking
``Not later than 180 days after the effective date of this title, the'' and inserting ``The''.
(7) Section 1414 (20 U.S.C. 932) is amended by adding at the end the following new paragraph:
``(6) The term `Director' means the Director of the Department of Defense Education Activity.''.
Subtitle F--Military Readiness Issues
SEC. 351. INDEPENDENT STUDY OF DEPARTMENT OF DEFENSE
SECONDARY INVENTORY AND PARTS SHORTAGES.
(a) Independent Study Required.--In accordance with this section, the Secretary of Defense shall provide for an independent study of--
(1) current levels of Department of Defense inventories of spare parts and other supplies, known as secondary inventory items, including wholesale and retail inventories; and
(2) reports and evidence of Department of Defense inventory shortages adversely affecting readiness.
(b) Performance by Independent Entity.--To conduct the study under this section, the Secretary of Defense shall select a private sector entity or other entity outside the Department of Defense that has experience in parts and secondary inventory management.
(c) Matters To Be Included in Study.--The Secretary of Defense shall require the entity conducting the study under this section to specifically evaluate the following:
(1) How much of the secondary inventory retained by the Department of Defense for economic, contingency, and potential reutilization during the five-year period ending December 31, 1998, was actually used during each year of the period.
(2) How much of the retained secondary inventory currently held by the Department could be declared to be excess.
(3) Alternative methods for the disposal or other disposition of excess inventory and the cost to the Department to dispose of excess inventory under each alternative.
(4) The total cost per year of storing secondary inventory, to be determined using traditional private sector cost calculation models.
(d) Timetable for Elimination of Excess Inventory.--As part of the consideration of alternative methods to dispose of excess secondary inventory, as required by subsection (c)(3), the entity conducting the study under this section shall prepare a timetable for disposal of the excess inventory over a period of time not to exceed three years.
(e) Report on Results of Study.--The Secretary of Defense shall require the entity conducting the study under this section to submit to the Secretary and to the Comptroller General a report containing the results of the study, including the entity's findings and conclusions concerning each of the matters specified in subsection (c), and the disposal timetable required by subsection (d). The entity shall submit the report at such time as to permit the Secretary to comply with subsection (f).
(f) Review and Comments of the Secretary of Defense.--Not later than September 1, 2000, the Secretary of Defense shall submit to Congress a report containing the following:
(1) The report submitted under subsection (d), together with the Secretary's comments and recommendations regarding the report.
(2) A plan to address the issues of excess and excessive inactive inventory and part shortages and a timetable to implement the plan throughout the Department.
(g) GAO Evaluation.--Not later than 180 days after the Secretary of Defense submits to Congress the report under subsection (f), the Comptroller General shall submit to Congress an evaluation of the report submitted by the independent entity under subsection (e) and the report submitted by the Secretary under subsection (f).
SEC. 352. INDEPENDENT STUDY OF ADEQUACY OF DEPARTMENT
RESTRUCTURED SUSTAINMENT AND REENGINEERED
LOGISTICS PRODUCT SUPPORT PRACTICES.
(a) Independent Study Required.--In accordance with this section, the Secretary of Defense shall provide for an independent study of restructured sustainment and reengineered logistics product support practices within the Department of Defense, which are designed to provide spare parts and other supplies to military units and installations as needed during a transition to war fighting rather than relying on large stockpiles of such spare parts and supplies. The purpose of the study is to determine whether restructured sustainment and reengineered logistics product support practices would be able to provide adequate sustainment supplies to military units and installations should it ever be necessary to execute the National Military Strategy prescribed by the Chairman of the Joint Chiefs of Staff.
(b) Performance by Independent Entity.--The Secretary of Defense shall select an experienced private sector entity or other entity outside the Department of Defense to conduct the study under this section.
(c) Matters To Be Included in Study.--The Secretary of Defense shall require the entity conducting the study under this section to specifically evaluate (and recommend improvements in) the following:
(1) The assumptions that are used to determine required levels of war reserve and prepositioned stocks.
(2) The adequacy of supplies projected to be available to support the fighting of two, nearly simultaneous, major theater wars, as required by the National Military Strategy.
(3) The expected availability through the national technology and industrial base of spare parts and supplies not readily available in the Department inventories, such as parts for aging equipment that no longer have active vendor support.
(d) Report on Results of Study.--The Secretary of Defense shall require the entity conducting the study under this section to submit to the Secretary and to the Comptroller General a report containing the results of the study, including the entity's findings, conclusions, and recommendations concerning each of the matters specified in subsection (c). The entity shall submit the report at such time as to permit the Secretary to comply with subsection
(e).
(e) Review and Comments of the Secretary of Defense.--Not later than March 1, 2000, the Secretary of Defense shall submit to Congress a report containing the report submitted under subsection (d), together with the Secretary's comments and recommendations regarding the report.
(f) GAO Evaluation.--Not later than 180 days after the Secretary of Defense submits to Congress the report under subsection (e), the Comptroller General shall submit to Congress an evaluation of the report submitted by the independent entity under subsection (d) and the report submitted by the Secretary under subsection (e).
SEC. 353. INDEPENDENT STUDY OF MILITARY READINESS REPORTING
SYSTEM.
(a) Independent Study Required.--(1) The Secretary of Defense shall provide for an independent study of requirements for a comprehensive readiness reporting system for the Department of Defense as provided in section 117 of title 10, United States Code (as added by section 373 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1990).
(2) The Secretary shall provide for the study to be conducted by the Rand Corporation. The amount of a contract for the study may not exceed $1,000,000.
(3) The Secretary shall require that all components of the Department of Defense cooperate fully with the organization carrying out the study.
(b) Matters To Be Included in Study.--The Secretary shall require that the organization conducting the study under this section specifically consider the requirements for providing an objective, accurate, and timely readiness reporting system for the Department of Defense meeting the characteristics and having the capabilities established in section 373 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999.
(c) Report.--(1) The Secretary of Defense shall require the organization conducting the study under this section to submit to the Secretary a report on the study not later than March 1, 2000. The organization shall include in the report its findings and conclusions concerning each of the matters specified in subsection (b).
(2) The Secretary shall submit the report under paragraph
(1), together with the Secretary's comments on the report, to Congress not later than April 1, 2000.
SEC. 354. REVIEW OF REAL PROPERTY MAINTENANCE AND ITS EFFECT
ON READINESS.
(a) Review Required.--The Secretary of Defense shall conduct a review of the impact that the consistent lack of adequate funding for real property maintenance of military installations during the five-year period ending December 31, 1998, has had on readiness, the quality of life of members of the Armed Forces and their dependents, and the infrastructure on military installations.
(b) Matters To Be Included in Review.--In conducting the review under this section, the Secretary of Defense shall specifically consider the following for the Army, Navy, Marine Corps, and Air Force:
(1) For each year of the covered five-year period, the extent to which unit training and operating funds were diverted to meet basic base operations and real property maintenance needs.
(2) The types of training delayed, canceled, or curtailed as a result of the diversion of such funds.
(3) The level of funding required to eliminate the real property maintenance backlog at military installations so that facilities meet the standards necessary for optimum utilization during times of mobilization.
(c) Participation of Independent Entity.--(1) As part of the review conducted under this section, Secretary of Defense shall select an independent entity--
(A) to review the method of command and management of military installations for the Army, Navy, Marine Corps, and Air Force;
(B) to develop, based on such review, a service-specific plan for the optimum command structure for military installations, to have major command status, which is designed to enhance the development of installations doctrine, privatization and outsourcing, commercial activities, environmental compliance programs, installation restoration, and military construction; and
(C) to recommend a timetable for the implementation of the plan for each service.
(2) The Secretary of Defense shall select an experienced private sector entity or other entity outside the Department of Defense to carry out this subsection.
(d) Report Required.--Not later than March 1, 2000, the Secretary of Defense shall submit to Congress a report containing the results of the review required under this section and the plan for an optimum command structure required by subsection (c), together with the Secretary's comments and recommendations regarding the plan.
SEC. 355. ESTABLISHMENT OF LOGISTICS STANDARDS FOR SUSTAINED
MILITARY OPERATIONS.
(a) Establishment of Standards.--The Secretary of Defense, in consultation with senior military commanders and the Secretaries of the military departments, shall establish standards for deployable units of the Armed Forces regarding--
(1) the level of spare parts that the units must have on hand; and
(2) similar logistics and sustainment needs of the units.
(b) Basis for Standards.--The standards to be established under subsection (a) shall be based upon the following:
(1) The unit's wartime mission, as reflected in the war-fighting plans of the relevant combatant commanders.
(2) An assessment of the likely requirement for sustained operations under each such war-fighting plan.
(3) An assessment of the likely requirement for that unit to conduct sustained operations in an austere environment, while drawing exclusively on its own internal logistics capabilities.
(c) Sufficiency Capabilities.--The standards to be established under subsection (a) shall reflect those spare parts and similar logistics capabilities that the Secretary of Defense considers sufficient for units of the Armed Forces to successfully execute their missions under the conditions described in subsection (b).
(d) Relation to Readiness Reporting System.--The standards established under subsection (a) shall be taken into account in designing the comprehensive readiness reporting system for the Department of Defense required by section 117 of title 10, United States Code, and shall be an element in determining a unit's readiness status.
(e) Relation to Annual Funding Needs.--The Secretary of Defense shall consider the standards established under subsection (a) in establishing the annual funding requirements for the Department of Defense.
(f) Reporting Requirement.--The Secretary of Defense shall include in the annual report required by section 113(c) of title 10, United States Code, an analysis of the then current spare parts, logistics, and sustainment standards of the Armed Forces, as described in subsection (a), including any shortfalls and the cost of addressing these shortfalls.
Subtitle G--Other Matters
SEC. 361. DISCRETIONARY AUTHORITY TO INSTALL
TELECOMMUNICATION EQUIPMENT FOR PERSONS
PERFORMING VOLUNTARY SERVICES.
Section 1588 of title 10, United States Code, is amended by adding at the end the following new subsection:
``(f) Authority To Install Equipment.--(1) The Secretary concerned may install telephone lines and any necessary telecommunication equipment in the private residences of designated persons providing voluntary services accepted under subsection (a)(3) and pay the charges incurred for the use of the equipment for authorized purposes.
``(2) Notwithstanding section 1348 of title 31, the Secretary concerned may use appropriated or nonappropriated funds of the military department under the jurisdiction of the Secretary or, with respect to the Coast Guard, the department in which the Coast Guard is operating, to carry out this subsection.
``(3) The Secretary of Defense and, with respect to the Coast Guard, the Secretary of the department in which the Coast Guard is operating, shall prescribe regulations to carry out this subsection.''.
SEC. 362. CONTRACTING AUTHORITY FOR DEFENSE WORKING CAPITAL
FUNDED INDUSTRIAL FACILITIES.
Section 2208(j) of title 10, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking ``or remanufacturing'' and inserting ``, remanufacturing, and engineering'';
(2) in paragraph (1), by inserting ``or a subcontract under a Department of Defense contract'' before the semicolon; and
(3) in paragraph (2), by striking ``Department of Defense solicitation for such contract'' and inserting ``solicitation for the contract or subcontract''.
SEC. 363. CLARIFICATION OF CONDITION ON SALE OF ARTICLES AND
SERVICES OF INDUSTRIAL FACILITIES TO PERSONS
OUTSIDE DEPARTMENT OF DEFENSE.
Section 2553(g) of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new paragraph:
``(2) The term `not available', with respect to an article or service proposed to be sold under this section, means that the article or service is unavailable from a commercial source in the required quantity and quality, within the time required, or at prices less than the price available through an industrial facility of the armed forces.''.
SEC. 364. SPECIAL AUTHORITY OF DISBURSING OFFICIALS REGARDING
AUTOMATED TELLER MACHINES ON NAVAL VESSELS.
Section 3342 of title 31, United States Code, is amended by adding at the end the following new subsection:
``(f) With respect to automated teller machines on naval vessels of the Navy, the authority of a disbursing official of the United States Government under subsection (a) also includes the following:
``(1) The authority to provide operating funds to the automated teller machines.
``(2) The authority to accept, for safekeeping, deposits and transfers of funds made through the automated teller machines.''.
SEC. 365. PRESERVATION OF HISTORIC BUILDINGS AND GROUNDS AT
UNITED STATES SOLDIERS' AND AIRMEN'S HOME,
DISTRICT OF COLUMBIA.
The Armed Forces Retirement Home Act of 1991 (title XV of Public Law 101-510; 24 U.S.C. 401 et seq.) is amended by adding at the end of subtitle A the following new section:
``SEC. 1523. PRESERVATION OF HISTORIC BUILDINGS AND GROUNDS
AT UNITED STATES SOLDIERS' AND AIRMEN'S HOME
``(a) Historic Nature of Facility.--Congress finds the following:
``(1) Four buildings located on six acres of the establishment of the Retirement Home known as the United States Soldiers' and Airmen's Home are included on the National Register of Historic Places maintained by the Secretary of the Interior.
``(2) Amounts in the Armed Forces Retirement Home Trust Fund, which consists primarily of deductions from the pay of members of the Armed Forces, are insufficient to both maintain and operate the Retirement Home for the benefit of the residents of the Retirement Home and adequately maintain, repair, and preserve these historic buildings and grounds.
``(3) Other sources of funding are available to contribute to the maintenance, repair, and preservation of these historic buildings and grounds.
``(b) Authority To Accept Assistance.--The Chairman of the Retirement Home Board and the Director of the United States Soldiers' and Airmen's Home may apply for and accept a direct grant from the Secretary of the Interior under section 101(e)(3) of the National Historic Preservation Act (16 U.S.C. 470a(e)(3)) for the purpose of maintaining, repairing, and preserving the historic buildings and grounds of the United States Soldiers' and Airmen's Home included on the National Register of Historic Places.
``(c) Requirements and Limitations.--Amounts received as a grant under subsection (b) shall be deposited in the Fund, but shall be kept separate from other amounts in the Fund. The amounts received may only be used for the purpose specified in subsection (b).''.
SEC. 366. CLARIFICATION OF LAND CONVEYANCE AUTHORITY, UNITED
STATES SOLDIERS' AND AIRMEN'S HOME.
(a) Manner of Conveyance.--Subsection (a)(1) of section 1053 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2650) is amended by striking ``convey by sale'' and inserting ``convey, by sale or lease,''.
(b) Time for Conveyance.--Subsection (a)(2) of such section is amended to read as follows:
``(2) The Armed Forces Retirement Home Board shall sell or lease the property described in subsection (a) within 12 months after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2000.''.
(c) Manner, Terms, and Conditions of Conveyance.--Subsection (b) of such section is amended--
(1) by striking paragraph (1) and inserting the following new paragraph: ``(1) The Armed Forces Retirement Home Board shall determine the manner, terms, and conditions for the sale or lease of the real property under subsection (a), except as follows:
``(A) Any lease of the real property under subsection (a) shall include an option to purchase.
``(B) The conveyance may not involve any form of public/private partnership, but shall be limited to fee-simple sale or long-term lease.
``(C) Before conveying the property by sale or lease to any other person or entity, the Board shall provide the Catholic University of America with the opportunity to match or exceed the highest bona fide offer otherwise received for the purchase or lease of the property, as the case may be, and to acquire the property.''; and
(2) in paragraph (2), by adding at the end the following new sentence: ``In no event shall the sale or lease of the property be for less than the appraised value of the property in its existing condition and on the basis of its highest and best use.''.
SEC. 367. TREATMENT OF ALASKA, HAWAII, AND GUAM IN DEFENSE
HOUSEHOLD GOODS MOVING PROGRAMS.
(a) Limitation on Inclusion in Test Programs.--Alaska, Hawaii, and Guam shall not be included as a point of origin in any test or demonstration program of the Department of Defense regarding the moving of household goods of members of the Armed Forces.
(b) Separate Regions; Destinations.--In any Department of Defense household goods moving program that is not subject to the prohibition in subsection (a)--
(1) Alaska, Hawaii, and Guam shall each constitute a separate region; and
(2) Hawaii and Guam shall be considered international destinations.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personel as of September 30, 2000, as follows:
(1) The Army, 480,000.
(2) The Navy, 372,037.
(3) The Marine Corps, 172,518.
(4) The Air Force, 360,877.
SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM LEVELS.
(a) Revised End Strength Floors.--Section 691(b) of title 10, United States Code, is amended--
(1) in paragraph (2), by striking ``372,696'' and inserting
``371,781'';
(2) in paragraph (3), by striking ``172,200'' and inserting
``172,148''; and
(3) in paragraph (4), by striking ``370,802'' and inserting
``360,877''.
(b) Effective Date.--The amendments made by subsection (a) shall take effect on October 1, 1999.
SEC. 403. APPOINTMENTS TO CERTAIN SENIOR JOINT OFFICER
POSITIONS.
(a) Permanent Exemption Authority.--Paragraph (5) of section 525(b) of title 10, United States Code, is amended by striking subparagraph (C).
(b) Permanent Requirement for Military Department Submissions for Certain Joint 4-Star Duty Assignments.--Section 604 of such title is amended by striking subsection
(c).
(c) Clarification of Certain Limitations on Number of Active-Duty Generals and Admirals.--Paragraph (5) of section 525(b) of such title is further amended by adding at the end of subparagraph (A) the following new sentence: ``Any increase by reason of the preceding sentence in the number of officers of an armed force serving on active duty in grades above major general or rear admiral may only be realized by an increase in the number of lieutenant generals or vice admirals, as the case may, serving on active duty, and any such increase may not be construed as authorizing an increase in the limitation on the total number of general or flag officers for that armed force under section 526(a) of this title or in the number of general and flag officers that may be designated under section 526(b) of this title.''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2000, as follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 90,288.
(4) The Marine Corps Reserve, 39,624.
(5) The Air National Guard of the United States, 106,678.
(6) The Air Force Reserve, 73,708.
(7) The Coast Guard Reserve, 8,000.
(b) Adjustments.--The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by--
(1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and
(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.
Whenever such units or such individual members are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be proportionately increased by the total authorized strengths of such units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2000, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 22,563.
(2) The Army Reserve, 12,804.
(3) The Naval Reserve, 15,010.
(4) The Marine Corps Reserve, 2,272.
(5) The Air National Guard of the United States, 11,025.
(6) The Air Force Reserve, 1,078.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
The minimum number of military technicians (dual status) as of the last day of fiscal year 2000 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:
(1) For the Army Reserve, 6,474.
(2) For the Army National Guard of the United States, 23,125.
(3) For the Air Force Reserve, 9,785.
(4) For the Air National Guard of the United States, 22,247.
SEC. 414. INCREASE IN NUMBER OF ARMY AND AIR FORCE MEMBERS IN
CERTAIN GRADES AUTHORIZED TO SERVE ON ACTIVE
DUTY IN SUPPORT OF THE RESERVES.
(a) Officers.--The table in section 12011(a) of title 10, United States Code, is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
Major or Lieutenant Commander....... 3,219 1,071 843 140
Lieutenant Colonel or Commander..... 1,595 520 746 90
Colonel or Navy Captain............. 471 188 297 30''.
------------------------------------------------------------------------
(b) Senior Enlisted Members.--The table in section 12012(a) of such title is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
E-9................................. 645 202 403 20
E-8................................. 2,585 429 1,029 94''.
------------------------------------------------------------------------
(c) Effective Date.--The amendments made by this section shall take effect on October 1, 1999.
SEC. 415. SELECTED RESERVE END STRENGTH FLEXIBILITY.
Section 115(c) of title 10, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) vary the end strength authorized pursuant to subsection (a)(2) for a fiscal year for the Selected Reserve of any of the reserve components by a number equal to not more than 2 percent of that end strength.''.
Subtitle C--Authorization of Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY
PERSONNEL.
There is hereby authorized to be appropriated to the Department of Defense for military personnel for fiscal year 2000 a total of $72,115,367,000. The authorization in the preceding sentence supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2000.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. RECOMMENDATIONS FOR PROMOTION BY SELECTION BOARDS.
Section 575(b)(2) of title 10, United States Code, is amended by adding at the end the following new sentence: ``If the number determined under this subsection within a grade
(or grade and competitive category) is less than one, the board may recommend one such officer from within that grade
(or grade and competitive category).''.
SEC. 502. TECHNICAL AMENDMENTS RELATING TO JOINT DUTY
ASSIGNMENTS.
(a) Joint Duty Assignments for General and Flag Officers.--Subsection (g) of section 619a of title 10, United States Code, is amended to read as follows:
``(g) Limitation for General and Flag Officers Previously Receiving Joint Duty Assignment Waiver.--A general officer or flag officer who before January 1, 1999, received a waiver of subsection (a) under the authority of this subsection (as in effect before that date) may not be appointed to the grade of lieutenant general of vice admiral until the officer completes a full tour of duty in a joint duty assignment.''.
(b) Nuclear Propulsion Officers.--Subsection (h) of that section is amended--
(1) by striking ``(1) Until January 1, 1997, an'' inserting
``An'';
(2) by striking ``may be'' and inserting ``who before January 1, 1997, is'';
(3) by striking ``. An officer so appointed''; and
(4) by striking paragraph (2).
Subtitle B--Matters Relating to Reserve Components
SEC. 511. CONTINUATION ON RESERVE ACTIVE STATUS LIST TO
COMPLETE DISCIPLINARY ACTION.
(a) In General.--Chapter 1407 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 14518. Continuation on reserve active status list to complete disciplinary action
``When an action is commenced against a Reserve officer with a view to trying the officer by court-martial, as authorized by section 802(d) of this title, the Secretary concerned may delay the separation or retirement of the officer under this chapter until the completion of the disciplinary action under chapter 47 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of such chapter 1407 is amended by adding at the end the following new item:
``14518. Continuation on reserve active status list to complete disciplinary action.''.
SEC. 512. AUTHORITY TO ORDER RESERVE COMPONENT MEMBERS TO
ACTIVE DUTY TO COMPLETE A MEDICAL EVALUATION.
Section 12301 of title 10, United States Code, is amended by adding at the end the following new subsection:
``(h)(1) When authorized by the Secretary of Defense, the Secretary of the military department concerned may order a member of a reserve component to active duty, with the consent of that member, to receive authorized medical care, to be medically evaluated for disability or other purposes, or to complete a required Department of Defense health care study, which may include an associated medical evaluation of the member.
``(2) A member ordered to active duty under this subsection may be retained with the member's consent, when the Secretary concerned considers it appropriate, for medical treatment for a condition associated with the study or evaluation, if that treatment of the member otherwise is authorized by law.
``(3) A member of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to active duty under this subsection without the consent of the Governor or other appropriate authority of the State concerned.''.
SEC. 513. ELIGIBILITY FOR CONSIDERATION FOR PROMOTION.
(a) Amendment.--Section 14301 of title 10, United States Code, is amended by adding at the end the following new subsection:
``(h) Officers on Educational Delay.--A Reserve officer who is in an educational delay status for the purpose of attending an approved institution of higher education for advanced training, subsidized by the military department concerned in the form of a scholarship or stipend, is ineligible for consideration for promotion while in that status. The officer shall remain on the Reserve active status list while in such an educational delay status.''.
(b) Retroactive Effect.--The Secretary concerned, upon application, shall expunge from the record of any officer a nonselection for promotion if the nonselection occurred during a period the officer was serving in an educational delay status that occurred during the period beginning on October 1, 1996, and ending on the date of the enactment of this Act.
SEC. 514. RETENTION UNTIL COMPLETION OF 20 YEARS OF SERVICE
FOR RESERVE COMPONENT MAJORS AND LIEUTENANT
COMMANDERS WHO TWICE FAIL OF SELECTION FOR
PROMOTION.
Section 14506 of title 10, United States Code, is amended by striking ``section 14513'' and all that follows and inserting ``section 14513 of this title on the later of--
``(1) the first day of the month after the month in which the officer completes 20 years of commissioned service; or
``(2) the first day of the seventh month after the month in which the President approves the report of the board which considered the officer for the second time.''.
SEC. 515. COMPUTATION OF YEARS OF SERVICE EXCLUSION.
The text of section 14706 of title 10, United States Code, is amended to read as follows:
``(a) For the purpose of this chapter and chapter 1407 of this title, a Reserve officer's years of service include all service of the officer as a commissioned officer of a uniformed service other than--
``(1) service as a warrant officer;
``(2) constructive service; and
``(3) service after appointment as a commissioned officer of a reserve component while in a program of advanced education to obtain the first professional degree required for appointment, designation, or assignment as an officer in the Medical Corps, the Dental Corps, the Veterinary Corps, the Medical Service Corps, the Nurse Corps, the Army Medical Specialists Corps, or as an officer designated as a chaplain or judge advocate, provided such service occurs before the officer commences initial service on active duty or initial service in the Ready Reserve in the specialty that results from such a degree.
``(b) The exclusion under subsection (a)(3) does not apply to service performed by an officer who previously served on active duty or participated as a member of the Ready Reserve in other than a student status for the period of service preceding the member's service in a student status.''.
SEC. 516. AUTHORITY TO RETAIN RESERVE COMPONENT CHAPLAINS
UNTIL AGE 67.
Section 14703(b) of title 10, United States Code, is amended by striking ``(or, in the case of a Reserve officer of the Army in the Chaplains or a Reserve officer of the Air Force designated as a chaplain, 60 years of age)''.
SEC. 517. EXPANSION AND CODIFICATION OF AUTHORITY FOR SPACE-
REQUIRED TRAVEL FOR RESERVES.
(a) Codification.--(1) Chapter 1209 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 12323. Space-required travel for Reserves
``A member of a reserve component is authorized to travel in a space-required status on aircraft of the armed forces between home and place of inactive duty training, or place of duty in lieu of unit training assembly, when there is no road or railroad transportation (or combination of road and railroad transportation) between those locations. A member traveling in that status on a military aircraft pursuant to the authority provided in this section is not authorized to receive travel, transportation, or per diem allowances in connection with that travel.''.
(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
``12323. Space-required travel for Reserves.''.
(b) Effective Date.--Section 12323 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 1999.
SEC. 518. FINANCIAL ASSISTANCE PROGRAM FOR SPECIALLY SELECTED
MEMBERS OF THE MARINE CORPS RESERVE.
(a) In General.--Chapter 1205 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 12216. Financial assistance for members of the Marine
Corps platoon leader's class program
``(a) Program Authority.--The Secretary of the Navy may provide payment of not more than $5,200 per year for a period not to exceed three consecutive years of educational expenses
(including tuition, fees, books, and laboratory expenses) to an eligible enlisted member of the Marine Corps Reserve for completion of--
``(1) baccalaureate degree requirements in an approved academic program that requires less than five academic years to complete; or
``(2) doctor of jurisprudence or bachelor of laws degree requirements in an approved academic program which requires not more than three years to complete.
``(b) Eligible Reservists.--To be eligible for receipt of educational expenses as authorized by subsection (a), an enlisted member of the Marine Corps Reserve must--
``(1) either--
``(A) be under 27 years of age on June 30 of the calendar year in which the member is eligible for appointment as a second lieutenant in the Marine Corps for such persons in a baccalaureate degree program described in subsection (a)(1), except that any such member who has served on active duty in the armed forces may exceed such age limitation on such date by a period equal to the period such member served on active duty, but only if such member will be under 30 years of age on such date; or
``(B) be under 31 years of age on June 30 of the calendar year in which the member is eligible for appointment as a second lieutenant in the Marine Corps for such persons in a doctor of jurisprudence or bachelor of laws degree program described in subsection (a)(2), except that any such member who has served on active duty in the armed forces may exceed such age limitation on such date by a period equal to the period such member served on active duty, but only if such member will be under 35 years of age on such date;
``(2) be satisfactorily enrolled at any accredited civilian educational institution authorized to grant baccalaureate, doctor of jurisprudence or bachelor of law degrees;
``(3) be selected as an officer candidate in the Marine Corps Platoon Leader's Class Program and successfully complete one increment of military training of not less than six weeks' duration; and
``(4) agree in writing--
``(A) to accept an appointment as a commissioned officer in the Marine Corps, if tendered by the President;
``(B) to serve on active duty for a minimum of five years; and
``(C) under such terms and conditions as shall be prescribed by the Secretary of the Navy, to serve in the Marine Corps Reserve until the eighth anniversary of the receipt of such appointment.
``(c) Appointment.--Upon satisfactorily completing the academic and military requirements of the Marine Corps Platoon Leaders Class Program, an officer candidate may be appointed by the President as a Reserve officer in the Marine Corps in the grade of second lieutenant.
``(d) Limitation on Number.--Not more than 1,200 officer candidates may participate in the financial assistance program authorized by this section at any one time.
``(e) Remedial Authority of Secretary.--An officer candidate may be ordered to active duty in the Marine Corps by the Secretary of the Navy to serve in an appropriate enlisted grade for such period of time as the Secretary prescribes, but not for more than four years, when such person--
``(1) accepted financial assistance under this section; and
``(2) either--
``(A) completes the military and academic requirements of the Marine Corps Platoon Leaders Class Program and refuses to accept a commission when offered;
``(B) fails to complete the military or academic requirements of the Marine Corps Platoon Leaders Class Program; or
``(C) is disenrolled from the Marine Corps Platoon Leaders Class Program for failure to maintain eligibility for an original appointment as a commissioned officer under section 532 of this title.
``(d) Persons Not Qualified for Appointment.--Except under regulations prescribed by the Secretary of the Navy, a person who is not physically qualified for appointment under section 532 of this title and subsequently is determined by the Secretary of the Navy under section 505 of this title to be unqualified for service as an enlisted member of the Marine Corps due to a physical or medical condition that was not the result of misconduct or grossly negligent conduct may request a waiver of obligated service of such financial assistance.''.
(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
``12216. Financial assistance for members of the Marine Corps platoon leader's class program.''.
(c) Computation of Service Creditable.--Section 205 of title 37, United States Code, is amended by adding at the end the following new subsection:
``(f) Notwithstanding subsection (a), a commissioned officer appointed under sections 12209 and 12216 of title 10 may not count in computing basic pay a period of service after January 1, 2000, that the officer performed concurrently as a member of the Marine Corps Platoon Leaders Class Program and the Marine Corps Reserve, except that service after that date that the officer performed before commissioning while serving as an enlisted member on active duty or as a member of the Selected Reserve may be so counted.''.
(d) Transition Provision.--An enlisted member of the Marine Corps Reserve selected for training as officer candidates under section 12209 of title 10, United States Code, before October 1, 2000 may, upon submitting an appropriate application, participate in the financial assistance program established in subsection (a) if--
(1) the member is eligible for financial assistance under the qualification requirements of subsection (a);
(2) the member submits to the Secretary of the Navy a request for such financial assistance not later than 180 days after the date of the enactment of this Act; and
(3) the member agrees in writing to accept an appointment, if offered in the Marine Corps Reserve, and to comply with the length of obligated service provisions in subsection
(a)(2)(D) of section 12216 of title 10, United States Code, as added by subsection (a).
(e) Limitation on Crediting of Prior Service.--In computing length of service for any purpose, a person who requests financial assistance under subsection (d) may not be credited with service either as an officer candidate or concurrent enlisted service, other than concurrent enlisted service while serving on active duty other than for training while a member of the Marine Corps Reserve.
SEC. 519. OPTIONS TO IMPROVE RECRUITING FOR THE ARMY RESERVE.
(a) Review.--The Secretary of the Army shall conduct a review of the manner, process, and organization used by the Army to recruit new members for the Army Reserve. The review shall seek to determine the reasons for the continuing inability of the Army to meet recruiting objectives for the Army Reserve and to identify measures the Secretary could take to correct that inability.
(b) Reorganization To Be Considered.--Among the possible corrective measures to be examined by the Secretary of the Army as part of the review shall be a transfer of the recruiting function for the Army Reserve from the Army Recruiting Command to a new, fully resourced recruiting organization under the command and control of the Chief, Army Reserve.
(c) Report.--Not later than July 1, 2000, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Service of the House of Representatives a report setting forth the results of the review under this section. The report shall include a description of any corrective measures the Secretary intends to implement.
Subtitle C--Military Technicians
SEC. 521. REVISION TO MILITARY TECHNICIAN (DUAL STATUS) LAW.
(a) Definition.--Subsection (a)(1) of section 10216 of title 10, United States Code, is amended--
(1) in subparagraph (A), by striking ``section 709'' and inserting ``section 709(b)''; and
(2) in subparagraph (C), by inserting ``civilian'' after
``is assigned to a''.
(b) Dual Status Requirement.--Subsection (e) of such section is amended--
(1) in paragraph (1), by inserting ``(dual status)'' after
``military technician'' the second place it appears; and
(2) in paragraph (2)--
(A) by striking ``The Secretary'' and inserting ``Except as otherwise provided by law, the Secretary''; and
(B) by striking ``six months'' and inserting ``up to 12 months''.
SEC. 522. CIVIL SERVICE RETIREMENT OF TECHNICIANS.
(a) In General.--(1) Chapter 1007 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 10218. Army and Air Force Reserve Technicians: conditions for retention; mandatory retirement under civil service laws
``(a) Separation and Retirement of Military Technicians
(Dual Status).--(1) An individual employed by the Army Reserve or the Air Force Reserve as a military technician (dual status) who after the date of the enactment of this section loses dual status is subject to paragraph (2) or (3), as the case may be.
``(2) If a technician described in paragraph (1) is eligible at the time dual status is lost for an unreduced annuity, the technician shall be separated, subject to subsection (e), not later than 30 days after the date on which dual status is lost.
``(3)(A) If a technician described in paragraph (1) is not eligible at the time dual status is lost for an unreduced annuity, the technician shall be offered the opportunity to--
``(i) reapply for, and if qualified be appointed to, a position as a military technician (dual status); or
``(ii) apply for a civil service position that is not a technician position.
``(B) If such a technician continues employment with the Army Reserve or the Air Force Reserve as a non-dual status technician, the technician--
``(i) shall not be permitted, after the end of the one-year period beginning on the date of the enactment of this subsection, to apply for any voluntary personnel action; and
``(ii) shall, subject to subsection (e), be separated or retired--
``(I) in the case of a technician first hired as a military technician (dual status) on or before February 10, 1996, not later than 30 days after becoming eligible for an unreduced annuity; and
``(II) in the case of a technician first hired as a military technician (dual status) after February 10, 1996, not later than one year after the date on which dual status is lost.
``(4) For purposes of this subsection, a military technician is considered to lose dual status upon--
``(A) being separated from the Selected Reserve; or
``(B) ceasing to hold the military grade specified by the Secretary concerned for the position held by the technician.
``(b) Non-Dual Status Technicians.--(1) An individual who on the date of the enactment of this section is employed by the Army Reserve or the Air Force Reserve as a non-dual status technician and who on that date is eligible for an unreduced annuity shall, subject to subsection (e), be separated not later than six months after the date of the enactment of this section.
``(2)(A) An individual who on the date of the enactment of this section is employed by the Army Reserve or the Air Force Reserve as a non-dual status technician and who on that date is not eligible for an unreduced annuity shall be offered the opportunity to--
``(i) reapply for, and if qualified be appointed to, a position as a military technician (dual status); or
``(ii) apply for a civil service position that is not a technician position.
``(B) If such a technician continues employment with the Army Reserve or the Air Force Reserve as a non-dual status technician, the technician--
``(i) shall not be permitted, after the end of the one-year period beginning on the date of the enactment of this subsection, to apply for any voluntary personnel action; and
``(ii) shall, subject to subsection (e), be separated or retired--
``(I) in the case of a technician first hired as a technician on or before February 10, 1996, and who on the date of the enactment of this section is a non-dual status technician, not later than 30 days after becoming eligible for an unreduced annuity; and
``(II) in the case of a technician first hired as a technician after February 10, 1996, and who on the date of the enactment of this section is a non-dual status technician, not later than one year after the date on which dual status is lost.
``(3) An individual employed by the Army Reserve or the Air Force Reserve as a non-dual status technician who is ineligible for appointment to a military technician (dual status) position, or who decides not to apply for appointment to such a position, or who, within six months of the date of the enactment of this section is not appointed to such a position, shall for reduction-in-force purposes be in a separate competitive category from employees who are military technicians (dual status).
``(c) Unreduced Annuity Defined.--For purposes of this section, a technician shall be considered to be eligible for an unreduced annuity if the technician is eligible for an annuity under section 8336, 8412, or 8414 of title 5 that is not subject to a reduction by reason of the age or years of service of the technician.
``(d) Voluntary Personnel Action Defined.--In this section, the term `voluntary personnel action', with respect to a non-dual status technician, means any of the following:
``(1) The hiring, entry, appointment, reassignment, promotion, or transfer of the technician into a position for which the Secretary concerned has established a requirement that the person occupying the position be a military technician (dual status).
``(2) Promotion to a higher grade if the technician is in a position for which the Secretary concerned has established a requirement that the person occupying the position be a military technician (dual status).
``(e) Annual Limitation on Mandatory Retirements.--Until October 1, 2004, the Secretary of the Army and the Secretary of the Air Force may not during any fiscal year approve a total of more than 25 mandatory retirements under this section. A technician who is subject to mandatory separation under this section in any fiscal year and who, but for this subsection, would be eligible to be retired with an unreduced annuity shall, if not sooner separated under some other provision of law, be eligible to be retained in service until mandatorily retired consistent with the limitation in this subsection.''.
(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
``10218. Army and Air Force Reserve Technicians: conditions for retention; mandatory retirement under civil service laws.''.
(3) During the six-month period beginning on the date of the enactment of this Act, the provisions of subsections
(a)(3)(B)(ii)(I) and (b)(2)(B)(ii)(I) of section 10218 of title 10, United States Code, as added by paragraph (1), shall be applied by substituting ``six months'' for ``30 days''.
(b) Early Retirement.--Section 8414(c) of title 5, United States Code, is amended to read as follows:
``(c)(1) An employee who was hired as a military reserve technician on or before February 10, 1996 (under the provisions of this title in effect before that date), and who is separated from technician service, after becoming 50 years of age and completing 25 years of service, by reason of being separated from the Selected Reserve of the employee's reserve component or ceasing to hold the military grade specified by the Secretary concerned for the position held by the employee is entitled to an annuity.
``(2) An employee who is initially hired as a military technician (dual status) after February 10, 1996, and who is separated from the Selected Reserve or ceases to hold the military grade specified by the Secretary concerned for the position held by the technician--
``(A) after completing 25 years of service as a military technician (dual status), or
``(B) after becoming 50 years of age and completing 20 years of service as a military technician (dual status),is entitled to an annuity.''.
(c) Conforming Amendments.--Chapter 84 of title 5, United States Code, is amended as follows:
(1) Section 8415(g)(2) is amended by striking ``military reserve technician'' and inserting ``military technician
(dual status)''.
(2) Section 8401(30) is amended to read as follows:
``(30) the term `military technician (dual status)' means an employee described in section 10216 of title 10;''.
(d) Disability Retirement.--Section 8337(h) of title 5, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``or section 10216 of title 10'' after
``title 32'';
(B) by striking ``such title'' and all that follows through the period and inserting ``title 32 or section 10216 of title 10, respectively, to be a member of the Selected Reserve.'';
(2) in paragraph (2)(A)(i)--
(A) by inserting ``or section 10216 of title 10'' after
``title 32''; and
(B) by striking ``National Guard or from holding the military grade required for such employment'' and inserting
``Selected Reserve''; and
(3) in paragraph (3)(C), by inserting ``or section 10216 of title 10'' after ``title 32''.
SEC. 523. REVISION TO NON-DUAL STATUS TECHNICIANS STATUTE.
(a) Revision.--Section 10217 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``military'' after ``non-dual status'' in the matter preceding paragraph (1); and
(B) by striking paragraphs (1) and (2) and inserting the following:
``(1) was hired as a technician before November 18, 1997, under any of the authorities specified in subsection (b) and as of that date is not a member of the Selected Reserve or after such date has ceased to be a member of the Selected Reserve; or
``(2) is employed under section 709 of title 32 in a position designated under subsection (c) of that section and when hired was not required to maintain membership in the Selected Reserve.''; and
(2) by adding at the end the following new subsection:
``(c) Permanent Limitations on Number.--(1) Effective October 1, 2007, the total number of non-dual status technicians employed by the Army Reserve and Air Force Reserve may not exceed 175. If at any time after the preceding sentence takes effect the number of non-dual status technicians employed by the Army Reserve and Air Force Reserve exceeds the number specified in the limitation in the preceding sentence, the Secretary of Defense shall require that the Secretary of the Army or the Secretary of the Air Force, or both, take immediate steps to reduce the number of such technicians in order to comply with such limitation.
``(2) Effective October 1, 2001, the total number of non-dual status technicians employed by the National Guard may not exceed 1,950. If at any time after the preceding sentence takes effect the number of non-dual status technicians employed by the National Guard exceeds the number specified in the limitation in the preceding sentence, the Secretary of Defense shall require that the Secretary of the Army or the Secretary of the Air Force, or both, take immediate steps to reduce the number of such technicians in order to comply with such limitation.''.
(c) Conforming Amendments.--The heading of such section and the item relating to such section in the table of sections at the beginning of chapter 1007 of such title are each amended by striking the penultimate word.
SEC. 524. REVISION TO AUTHORITIES RELATING TO NATIONAL GUARD
TECHNICIANS.
Section 709 of title 32, United States Code, is amended to read as follows:
``Sec. 709. Technicians: employment, use, status
``(a) Under regulations prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, and subject to subsections (b) and (c), persons may be employed as technicians in--
``(1) the administration and training of the National Guard; and
``(2) the maintenance and repair of supplies issued to the National Guard or the armed forces.
``(b) Except as authorized in subsection (c), a person employed under subsection (a) must meet each of the following requirements:
``(1) Be a military technician (dual status) as defined in section 10216(a) of title 10.
``(2) Be a member of the National Guard.
``(3) Hold the military grade specified by the Secretary concerned for that position.
``(4) While performing duties as a military technician
(dual status), wear the uniform appropriate for the member's grade and component of the armed forces .
``(c)(1) A person may be employed under subsection (a) as a non-dual status technician (as defined by section 10217 of title 10) if the technician position occupied by the person has been designated by the Secretary concerned to be filled only by a non-dual status technician.
``(2) The total number of non-dual status technicians in the National Guard is specified in section 10217(c)(2) of title 10.
``(d) The Secretary concerned shall designate the adjutants general referred to in section 314 of this title to employ and administer the technicians authorized by this section.
``(e) A technician employed under subsection (a) is an employee of the Department of the Army or the Department of the Air Force, as the case may be, and an employee of the United States. However, a position authorized by this section is outside the competitive service if the technician employed in that position is required under subsection (b) to be a member of the National Guard.
``(f) Notwithstanding any other provision of law and under regulations prescribed by the Secretary concerned--
``(1) a person employed under subsection (a) who is a military technician (dual status) and otherwise subject to the requirements of subsection (b) who--
``(A) is separated from the National Guard or ceases to hold the military grade specified by the Secretary concerned for that position shall be promptly separated from military technician (dual status) employment by the adjutant general of the jurisdiction concerned; and
``(B) fails to meet the military security standards established by the Secretary concerned for a member of a reserve component under his jurisdiction may be separated from employment as a military technician (dual status) and concurrently discharged from the National Guard by the adjutant general of the jurisdiction concerned;
``(2) a technician may, at any time, be separated from his technician employment for cause by the adjutant general of the jurisdiction concerned;
``(3) a reduction in force, removal, or an adverse action involving discharge from technician employment, suspension, furlough without pay, or reduction in rank or compensation shall be accomplished by the adjutant general of the jurisdiction concerned;
``(4) a right of appeal which may exist with respect to paragraph (1), (2), or (3) shall not extend beyond the adjutant general of the jurisdiction concerned; and
``(5) a technician shall be notified in writing of the termination of his employment as a technician and, unless the technician is serving under a temporary appointment, is serving in a trial or probationary period, or has voluntarily ceased to be a member of the National Guard when such membership is a condition of employment, such notification shall be given at least 30 days before the termination date of such employment.
``(g) Sections 2108, 3502, 7511, and 7512 of title 5 do not apply to a person employed under this section.
``(h) Notwithstanding sections 5544(a) and 6101(a) of title 5 or any other provision of law, the Secretary concerned may prescribe the hours of duty for technicians. Notwithstanding sections 5542 and 5543 of title 5 or any other provision of law, such technicians shall be granted an amount of compensatory time off from their scheduled tour of duty equal to the amount of any time spent by them in irregular or overtime work, and shall not be entitled to compensation for such work.
``(i) The Secretary concerned may not prescribe for purposes of eligibility for Federal recognition under section 301 of this title a qualification applicable to technicians employed under subsection (a) that is not applicable pursuant to that section to the other members of the National Guard in the same grade, branch, position, and type of unit or organization involved.''.
SEC. 525. EFFECTIVE DATE.
The amendments made by sections 523 and 524 shall take effect 180 days after the date of the receipt by Congress of the plan required by section 523(d) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1737) or a report by the Secretary of Defense providing an alternative proposal to the plan required by that section.
SEC. 526. SECRETARY OF DEFENSE REVIEW OF ARMY TECHNICIAN
COSTING PROCESS.
(a) Review.--The Secretary of Defense shall review the process used by the Army, including use of the Civilian Manpower Obligation Resources (CMOR) model, to develop estimates of the annual authorizations and appropriations required for civilian personnel of the Department of the Army generally and for National Guard and Army Reserve technicians in particular. Based upon the review, the Secretary shall direct that any appropriate revisions to that process be implemented.
(b) Purpose of Review.--The purpose of the review shall be to ensure that the process referred to in subsection (a) does the following:
(1) Accurately and fully incorporates all the actual cost factors for such personnel, including particularly those factors necessary to recruit, train, and sustain a qualified technician workforce.
(2) Provides estimates of required annual appropriations required to fully fund all the technicians (both dual status and non-dual status) requested in the President's budget.
(3) Eliminates inaccuracies in the process that compel both the Army Reserve and the Army National Guard either (A) to reduce the number of military technicians (dual status) below the statutory floors without corresponding force structure reductions, or (B) to transfer funds from other appropriations simply to provide the required funding for military technicians (dual status).
(c) Report.--The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report containing the results of the review undertaken under this section, together with a description of corrective actions taken and proposed, not later than March 31, 2000.
SEC. 527. FISCAL YEAR 2000 LIMITATION ON NUMBER OF NON-DUAL
STATUS TECHNICIANS.
The number of civilian employees who are non-dual status technicians of a reserve component of the Army or Air Force as of September 30, 2000, may not exceed the following:
(1) For the Army Reserve, 1,295.
(2) For the Army National Guard of the United States, 1,800.
(3) For the Air Force Reserve, 0.
(4) For the Air National Guard of the United States, 342.
Subtitle D--Service Academies
SEC. 531. WAIVER OF REIMBURSEMENT OF EXPENSES FOR INSTRUCTION
AT SERVICE ACADEMIES OF PERSONS FROM FOREIGN
COUNTRIES.
(a) United States Military Academy.--Section 4344(b)(3) of title 10, United States Code, is amended--
(1) by striking ``35 percent'' and inserting ``50 percent''; and
(2) by striking ``five persons'' and inserting ``20 persons''.
(b) Naval Academy.--Section 6957(b)(3) of such title is amended--
(1) by striking ``35 percent'' and inserting ``50 percent''; and
(2) by striking ``five persons'' and inserting ``20 persons''.
(c) Air Force Academy.--Section 9344(b)(3) of such title is amended--
(1) by striking ``35 percent'' and inserting ``50 percent''; and
(2) by striking ``five persons'' and inserting ``20 persons''.
(d) Effective Date.--The amendments made by this section apply with respect to students from a foreign country entering the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy on or after May 1, 1999.
SEC. 532. COMPLIANCE BY UNITED STATES MILITARY ACADEMY WITH
STATUTORY LIMIT ON SIZE OF CORPS OF CADETS.
(a) Compliance Required.--(1) The Secretary of the Army shall take such action as necessary to ensure that the United States Military Academy is in compliance with the USMA cadet strength limit not later than the day before the last day of the 2001-2001 academic year.
(2) The Secretary of the Army may provide for a variance to the USMA cadet strength limit--
(A) as of the day before the last day of the 1999-2000 academic year of not more than 5 percent; and
(B) as of the day before the last day of the 2000-2001 academic year of not more than 2\1/2\ percent.
(3) For purposes of this subsection--
(A) the USMA cadet strength limit is the maximum of 4,000 cadets established for the Corps of Cadets at the United States Military Academy by section 511 of the National Defense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 10 U.S.C. 4342 note), reenacted in section 4342(a) of title 10, United States Code, by the amendment made by subsection (b)(1); and
(B) the last day of the 2001-2002 academic year is the day on which the class of 2002 graduates.
(b) Reenactment of Limitation.--
(1) Army.--Section 4342 of title 10, United States Code, is amended--
(A) in subsection (a), by striking ``is as follows:'' in the matter preceding paragraph (1) and inserting
``(determined for any year as of the day before the last day of the academic year) is 4,000. Subject to that limitation, cadets are selected as follows:''; and
(B) by adding at the end the following new subsection:
``(i) For purposes of the limitation under subsection (a), the last day of an academic year is graduation day.''.
(2) Navy.--Section 6954 of such title is amended--
(A) by striking the matter preceding paragraph (1) and inserting the following:
``(a) The authorized strength of the Brigade of Midshipmen
(determined for any year as of the day before the last day of the academic year) is 4,000. Subject to that limitation, midshipmen are selected as follows:''; and
(B) by adding at the end the following new subsection:
``(g) For purposes of the limitation under subsection (a), the last day of an academic year is graduation day.''.
(3) Air force.--Section 9342 of such title is amended--
(A) in subsection (a), by striking ``is as follows:'' in the matter preceding paragraph (1) and inserting
``(determined for any year as of the day before the last day of the academic year) is 4,000. Subject to that limitation, Air Force Cadets are selected as follows:''; and
(B) by adding at the end the following new subsection:
``(i) For purposes of the limitation under subsection (a), the last day of an academic year is graduation day.''.
(4) Conforming repeal.--Section 511 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 10 U.S.C. 4342 note) is repealed.
SEC. 533. DEAN OF ACADEMIC BOARD, UNITED STATES MILITARY
ACADEMY AND DEAN OF THE FACULTY, UNITED STATES
AIR FORCE ACADEMY.
(a) Dean of the Academic Board, USMA.--Section 4335 of title 10, United States Code, is amended by adding at the end the following new subsection:
``(c) While serving as Dean of the Academic Board, an officer of the Army who holds a grade lower than brigadier general shall hold the grade of brigadier general, if appointed to that grade by the President, by and with the advice and consent of the Senate. The retirement age of an officer so appointed is that of a permanent professor of the Academy. An officer so appointed is counted for purposes of the limitation in section 526(a) of this title on general officers of the Army on active duty.''.
(b) Dean of the Faculty, USAFA.--Section 9335 of title 10, United States Code, is amended--
(1) by inserting ``(a)'' at the beginning of the text of the section; and
(2) by adding at the end the following new subsection:
``(b) While serving as Dean of the Faculty, an officer of the Air Force who holds a grade lower than brigadier general shall hold the grade of brigadier general, if appointed to that grade by the President, by and with the advice and consent of the Senate. The retirement age of an officer so appointed is that of a permanent professor of the Academy An officer so appointed is counted for purposes of the limitation in section 526(a) of this title on general officers of the Air Force on active duty.''.
SEC. 534. EXCLUSION FROM CERTAIN GENERAL AND FLAG OFFICER
GRADE STRENGTH LIMITATIONS FOR THE
SUPERINTENDENTS OF THE SERVICE ACADEMIES.
Section 525(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
``(7) An officer of the Army while serving as Superintendent of the United States Military Academy, if serving in the grade of lieutenant general, is in addition to the number that would otherwise be permitted for the Army for officers serving on active duty in grades above major general under paragraph (1). An officer of the Navy or Marine Corps while serving as Superintendent of the United States Naval Academy, if serving in the grade of vice admiral or lieutenant general, is in addition to the number that would otherwise be permitted for the Navy or Marine Corps, respectively, for officers serving on active duty in grades above major general or rear admiral under paragraph (1) or
(2). An officer while serving as Superintendent of the United Air Force Academy, if serving in the grade of lieutenant general, is in addition to the number that would otherwise be permitted for the Air Force for officers serving on active duty in grades above major general under paragraph (1).''.
Subtitle E--Education and Training
SEC. 541. ESTABLISHMENT OF A DEPARTMENT OF DEFENSE
INTERNATIONAL STUDENT PROGRAM AT THE SENIOR
MILITARY COLLEGES.
(a) In General.--(1) Chapter 103 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 2111b. Senior military colleges: Department of Defense international student program
``(a) Program Requirement.--The Secretary of Defense shall establish a program to facilitate the enrollment and instruction of persons from foreign countries as international students at the senior military colleges.
``(b) Purposes.--The purposes of the program shall be--
``(1) to provide a high-quality, cost-effective military-based educational experience for international students in furtherance of the military-to-military program objectives of the Department of Defense; and
``(2) to enhance the educational experience and preparation of future United States military leaders through increased, extended interaction with highly qualified potential foreign military leaders.
``(c) Coordination with the Senior Military Colleges.--Guidelines for implementation of the program shall be developed in coordination with the senior military colleges.
``(d) Recommendations for Admission of Students Under the Program.--The Secretary of Defense shall annually identify to the senior military colleges the international students who, based on criteria established by the Secretary, the Secretary recommends be considered for admission under the program. The Secretary shall identify the recommended international students to the senior military colleges as early as possible each year to enable those colleges to consider them in a timely manner in their respective admissions processes.
``(e) DOD Financial Support.--An international student who is admitted to a senior military college under the program under this section is responsible for the cost of instruction at that college. The Secretary of Defense may, from funds available to the Department of Defense other than funds available for financial assistance under section 2107a of this title, provide some or all of the costs of instruction for any such student.''.
(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
``2111b. Senior military colleges: Department of Defense international student program.''.
(b) Effective Date.--The Secretary of Defense shall implement the program under section 2111b of title 10, United States Code, as added by subsection (a), with students entering the senior military colleges after May 1, 2000.
(c) Repeal of Obsolete Provision.--Section 2111a(e)(1) of title 10, United States Code, is amended by striking the second sentence.
(d) Fiscal Year 2000 Funding.--Of the amounts made available to the Department of Defense for fiscal year 2000 pursuant to section 301, $2,000,000 shall be available for financial support for international students under section 2111b of title 10, United States Code, as added by subsection
(a).
SEC. 542. AUTHORITY FOR ARMY WAR COLLEGE TO AWARD DEGREE OF
MASTER OF STRATEGIC STUDIES.
(a) Authority.--Chapter 401 of title 10, United States Code, is amended by adding at the end the following new section:
Sec. 4321. United States Army War College: master of strategic studies degree
``Under regulations prescribed by the Secretary of the Army, the Commandant of the United States Army War College, upon the recommendation of the faculty and dean of the college, may confer the degree of master of strategic studies upon graduates of the college who have fulfilled the requirements for that degree.''.
(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
``4321. United States Army War College: master of strategic studies degree.''.
SEC. 543. AUTHORITY FOR AIR UNIVERSITY TO AWARD GRADUATE-
LEVEL DEGREES.
(a) In General.--Subsection (a) of section 9317 of title 10, United States Code, is amended to read as follows:
``(a) Authority.--Upon recommendation of the faculty of the appropriate school, the commander of the Air University may confer--
``(1) the degree of master of strategic studies upon graduates of the Air War College who fulfill the requirements for that degree;
``(2) the degree of master of military operational art and science upon graduates of the Air Command and Staff College who fulfill the requirements for that degree; and
``(3) the degree of master of airpower art and science upon graduates of the School of Advanced Air power Studies who fulfill the requirements for that degree.''.
(b) Clerical Amendments.--(1) The heading for that section is amended to read:
``Sec. 9317. Air University: graduate-level degrees''.
(2) The item relating to that section in the table of sections at the beginning of chapter 901 of such title is amended to read as follows:
``9317. Air University: graduate-level degrees.''.
SEC. 544. CORRECTION OF RESERVE CREDIT FOR PARTICIPATION IN
HEALTH PROFESSIONAL SCHOLARSHIP AND FINANCIAL
ASSISTANCE PROGRAM.
Section 2126(b) of title 10, United States Code, is amended--
(1) in paragraph (2)--
(A) by striking ``only for'' and all that follows through
``Award of'' and inserting ``only for the award of''; and
(B) by striking subparagraph (B);
(2) in paragraph (3) by striking ``paragraph (2)(A), a member'' and inserting ``paragraph (2), a member who completes a satisfactory year of service in the Selected Reserve'';
(3) by redesignating paragraph (5) as paragraph (6); and
(4) by inserting after paragraph (4) the following new paragraph (5):
``(5) A member of the Selected Reserve who is awarded points or service credit under this subsection shall not be considered to have been in an active status, by reason of the award of the points or credit, while pursuing a course of study under this subchapter for purposes of any provision of law other than sections 12732(a) and 12733(3) of this title.''.
SEC. 545. PERMANENT EXPANSION OF ROTC PROGRAM TO INCLUDE
GRADUATE STUDENTS.
(a) Permanent Authority for the ROTC Graduate Program.--Paragraph (2) of section 2107(c)(2) of title 10, United States Code, is amended to read as follows:
``(2) The Secretary concerned may provide financial assistance, as described in paragraph (1), to a student enrolled in an advanced education program beyond the baccalaureate degree level if the student also is a cadet or midshipman in an advanced training program. Not more than 15 percent of the total number of scholarships awarded under this section in any year may be awarded under the program.''.
(b) Authority To Enroll in Advanced Training Program.--Section 2101(3) of title 10, United States Code, is amended by inserting ``students enrolled in an advanced education program beyond the baccalaureate degree level or to'' after
``instruction offered in the Senior Reserve Officers' Training Corps to''. SEC. 546. INCREASE IN MONTHLY SUBSISTENCE ALLOWANCE FOR
SENIOR ROTC CADETS SELECTED FOR ADVANCED
TRAINING.
(a) Increase.--Section 209(a) of title 37, United States Code, is amended by striking ``$150 a month'' and inserting
``$200 a month''.
(b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 1999.
SEC. 547. CONTINGENT FUNDING INCREASE FOR JUNIOR ROTC
PROGRAM.
(a) In General.--(1) Chapter 102 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 2033. Contingent funding increase
``If for any fiscal year the amount appropriated for the National Guard Challenge Program under section 509 of title 32 is in excess of $62,500,000, the Secretary of Defense shall (notwithstanding any other provision of law) make the amount in excess of $62,500,000 available for the Junior Reserve Officers' Training Corps program under section 2031 of this title, and such excess amount may not be used for any other purpose.''.
(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
``2033. Contingent funding increase.''.
(b) Effective Date.--Section 2033 of title 10, United States Code, as added by subsection (a), shall apply only with respect to funds appropriated for fiscal years after fiscal year 1999.
SEC. 548. CHANGE FROM ANNUAL TO BIENNIAL REPORTING UNDER THE
RESERVE COMPONENT MONTGOMERY GI BILL.
(a) In General.--Section 16137 of title 10, United States Code, is amended to read as follows:
``Sec. 16137. Biennial report to Congress
``The Secretary of Defense shall submit to Congress a report not later than March 1 of each odd-numbered year concerning the operation of the educational assistance program established by this chapter during the preceding two fiscal years. Each such report shall include the number of members of the Selected Reserve of the Ready Reserve of each armed force receiving, and the number entitled to receive, educational assistance under this chapter during those fiscal years.''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter 1606 of such title is amended to read as follows:
``16137. Biennial report to Congress.''.
SEC. 549. RECODIFICATION AND CONSOLIDATION OF STATUTES
DENYING FEDERAL GRANTS AND CONTRACTS BY CERTAIN
DEPARTMENTS AND AGENCIES TO INSTITUTIONS OF
HIGHER EDUCATION THAT PROHIBIT SENIOR ROTC
UNITS OR MILITARY RECRUITING ON CAMPUS.
(a) Recodification and Consolidation for Limitations on Federal Grants and Contracts.--(1) Section 983 of title 10, United States Code, is amended to read as follows:
``Sec. 983. Institutions of higher education that prevent
ROTC access or military recruiting on campus: denial of grants and contracts from Department of Defense, Department of Education, and certain other departments and agencies
``(a) Denial of Funds for Preventing ROTC Access to Campus.--No funds described in subsection (d) may be provided by contract or by grant (including a grant of funds to be available for student aid) to a covered educational entity if the Secretary of Defense determines that the covered educational entity has a policy or practice (regardless of when implemented) that either prohibits, or in effect prevents--
``(1) the Secretary of a military department from maintaining, establishing, or operating a unit of the Senior Reserve Officer Training Corps (in accordance with section 654 of this title and other applicable Federal laws) at the covered educational entity; or
``(2) a student at the covered educational entity from enrolling in a unit of the Senior Reserve Officer Training Corps at another institution of higher education.
``(b) Denial of Funds for Preventing Military Recruiting on Campus.--No funds described in subsection (d) may be provided by contract or by grant (including a grant of funds to be available for student aid) to a covered educational entity if the Secretary of Defense determines that the covered educational entity has a policy or practice (regardless of when implemented) that either prohibits, or in effect prevents--
``(1) the Secretary of a military department from gaining entry to campuses, or access to students (who are 17 years of age or older) on campuses, for purposes of military recruiting; or
``(2) access by military recruiters for purposes of military recruiting to the following information pertaining to students (who are 17 years of age or older) enrolled at the covered educational entity:
``(A) Names, addresses, and telephone listings.
``(B) Date and place of birth, levels of education, academic majors, degrees received, and the most recent educational institution enrolled in by the student.
``(c) Exceptions.--The limitation established in subsection
(a) or (b) shall not apply to a covered educational entity if the Secretary of Defense determines that--
``(1) the covered educational entity has ceased the policy or practice described in that subsection; or
``(2) the institution of higher education involved has a longstanding policy of pacifism based on historical religious affiliation.
``(d) Covered Funds.--The limitations established in subsections (a) and (b) apply to the following:
``(1) Any funds made available for the Department of Defense.
``(2) Any funds made available in a Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act.
``(e) Notice of Determinations.--Whenever the Secretary of Defense makes a determination under subsection (a), (b), or
(c), the Secretary--
``(1) shall transmit a notice of the determination to the Secretary of Education and to Congress; and
``(2) shall publish in the Federal Register a notice of the determination and the effect of the determination on the eligibility of the covered educational entity for contracts and grants.
``(f) Semiannual Notice in Federal Register.--The Secretary of Defense shall publish in the Federal Register once every six months a list of each covered educational entity that is currently ineligible for contracts and grants by reason of a determination of the Secretary under subsection (a) or (b).
``(g) Covered Educational Entity.--In this section, the term `covered educational entity' means an institution of higher education, or a subelement of an institution of higher education.''.
(2) The item relating to section 983 in the table of sections at the beginning of such chapter is amended to read as follows:
``983. Institutions of higher education that prevent ROTC access or military recruiting on campus: denial of grants and contracts from Department of Defense, Department of
Education, and certain other departments and agencies.''.
(b) Repeal of Codified Provisions.--The following provisions of law are repealed:
(1) Section 558 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 503 note).
(2) Section 514 of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1997 (as contained in section 101(e) of division A of Public Law 104-208; 110 Stat. 3009-270; 10 U.S.C. 503 note).
Subtitle F--Decorations and Awards
SEC. 551. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN
DECORATIONS TO CERTAIN PERSONS.
(a) Waiver.--Any limitation established by law or policy for the time within which a recommendation for the award of a military decoration or award must be submitted shall not apply to awards of decorations described in this section, the award of each such decoration having been determined by the Secretary of the military department concerned to be warranted in accordance with section 1130 of title 10, United States Code.
(b) Distinguished Flying Cross.--Subsection (a) applies to the award of the Distinguished Flying Cross for service during World War II or Korea (including multiple awards to the same individual) in the case of each individual concerning whom the Secretary of the Navy (or an officer of the Navy acting on behalf of the Secretary) submitted to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate, during the period beginning on October 17, 1998, and ending on the day before the date of the enactment of this Act, a notice as provided in section 1130(b) of title 10, United States Code, that the award of the Distinguished Flying Cross to that individual is warranted and that a waiver of time restrictions prescribed by law for recommendation for such award is recommended.
SEC. 552. SENSE OF CONGRESS CONCERNING PRESIDENTIAL UNIT
CITATION FOR CREW OF THE U.S.S. INDIANAPOLIS.
(a) Findings.--Congress reaffirms the findings made in section 1052(a) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2844) that the heavy cruiser U.S.S. INDIANAPOLIS (CA-35)--
(1) served the people of the United States with valor and distinction throughout World War II in action against enemy forces in the Pacific Theater of Operations from December 7, 1941 to July 29, 1945;
(2) with her courageous and capable crew, compiled an impressive combat record during the war in the Pacific, receiving in the process 10 battle stars in actions from the Aleutians to Okinawa;
(3) rendered invaluable service in anti-shipping, shore bombardment, anti-air, and invasion support roles and serving as flagship for the Fifth Fleet under Admiral Raymond Spruance and flagship for the Third Fleet under Admiral William F. Halsey; and
(4) transported the world's first operational atomic bomb from the United States to the Island of Tinian, accomplishing that mission at a record average speed of 29 knots.
(b) Further Findings.--Congress further finds that--
(1) from participation in the earliest offensive actions in the Pacific during World War II to her pivotal role in delivering the weapon that brought the war to an end, the U.S.S. INDIANAPOLIS and her crew left an indelible imprint on the Nation's struggle to eventual victory in the war in the Pacific; and
(2) the selfless, courageous, and outstanding performance of duty by that ship and her crew throughout the war in the Pacific reflects great credit upon the ship and her crew, thus upholding the very highest traditions of the United States Navy.
(c) Sense of Congress.--It is the sense of Congress that the President should award a Presidential Unit Citation to the crew of the U.S.S. INDIANAPOLIS (CA-35) in recognition of the courage and skill displayed by the members of the crew of that vessel throughout World War II.
(2) A citation described in paragraph (1) may be awarded without regard to any provision of law or regulation prescribing a time limitation that is otherwise applicable with respect to recommendation for, or the award of, such a citation.
Subtitle G--Other Matters
SEC. 561. REVISION IN AUTHORITY TO ORDER RETIRED MEMBERS TO
ACTIVE DUTY.
(a) Period of Recall Service for Retired Members Ordered To Active Duty.--Section 688(e) of title 10, United States Code, is amended by striking ``for more than 12 months within 24 months'' and inserting ``for more than 36 months within 48 months''.
(b) Limitation on Number.--Section 690(b)(1) of such title is amended by striking ``Not more than 25 officers'' and inserting ``In addition to the officers subject to subsection
(a), not more than 150 officers''.
(c) Exclusion From Limitation of Members of Retiree Councils.--Section 690(b)(2) of such title is amended by adding at the end the following new subparagraph:
``(D) Any officer assigned to duty as a member of the Army, Navy, or Air Force Retiree Council for the period of active duty to which ordered.''.
(d) Exclusion From Limitation of Officers Recalled for 60 Days or Less.--Section 690 of such title is further amended--
(1) by striking the second sentence of subsection (a);
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new subsection (c):
``(c) Exclusion From Limitations of Officers Recalled for 60 Days or Less.--A retired officer ordered to active duty for a period of 60 days or less shall not be counted for the purposes of subsection (a) or (b).''.
SEC. 562. TEMPORARY AUTHORITY FOR RECALL OF RETIRED AVIATORS.
(a) Authority.--During the retired aviator recall period, the Secretary of a military department may recall to active duty any retired officer having expertise as an aviator to fill staff positions normally filled by active duty aviators. Any such recall may only be with the consent of the officer recalled.
(b) Limitation.--No more than a total of 500 officers may be on active duty at any time under subsection (a).
(c) Termination.--Each officer recalled to active duty under subsection (a) during the retired aviator recall period shall be released from active duty not later than one year after the end of such period.
(d) Waivers.--Officers recalled to active duty under subsection (a) shall not be counted for purposes of section 668 or 690 of title 10, United States Code.
(e) Retired Aviator Recall Period.--For purposes of this section, the term ``retired aviator recall period'' means the period beginning on October 1, 1999, and ending on September 30, 2002.
(f) Report.--Not later than March 31, 2002, the Secretary of Defense submit to the Committee on Armed Services of the Senate and the Committee on Armed Service of the House of Representatives a report on the use of the authority under this section, together with the Secretary's recommendation for extension of that authority.
SEC. 563. SERVICE REVIEW AGENCIES COVERED BY PROFESSIONAL
STAFFING REQUIREMENT.
Section 1555(c)(2) of title 10, United States Code, is amended by inserting ``the Navy Council of Personnel Boards and'' after ``Department of the Navy,''.
SEC. 564. CONFORMING AMENDMENT TO AUTHORIZE RESERVE OFFICERS
AND RETIRED REGULAR OFFICERS TO HOLD A CIVIL
OFFICE WHILE SERVING ON ACTIVE DUTY FOR NOT
MORE THAN 270 DAYS.
Section 973(b)(1) of title 10, United States Code, is amended--
(1) in subparagraph (B), by striking ``180 days'' and inserting ``270 days''; and
(2) in subparagraph (C), by striking ``180 days'' and inserting ``270 days''.
SEC. 565. REVISION TO REQUIREMENT FOR HONOR GUARD DETAILS AT
FUNERALS OF VETERANS.
(a) Composition of Honor Guard Details.--Subsection (b) of section 1491 of title 10, United States Code, is amended by striking ``consists of'' and all that follows through the period and inserting ``consists of not less than two persons, who shall, at a minimum, perform a ceremony to fold and present a United States flag to the deceased veteran's family and who shall (unless a bugler is part of the detail) have the capability to play a recorded version of Taps. At least one member of an honor guard detail provided in response to a request to the Department of Defense shall be a member of the same armed force as the deceased veteran.''.
(b) Support for Nongovernmental Organizations.--Such section is further amended--
(1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (h), respectively; and
(2) by inserting after subsection (c) the following new subsection (d):
``(d) Support for Nongovernmental Organizations.--The Secretary of a military department may provide material, equipment, and training to support nongovernmental organizations, as necessary for the support of honor guard activities.''.
(c) Implementing OSD Regulations.--Subsection (e) of such section, as redesignated by subsection (b)(1), is amended by striking the last two sentences and inserting the following:
``The Secretary shall require that procedures be established by the Secretaries of the military departments for coordinating and responding to requests for honor guard details, for establishing standards and protocols for, responding to requests for and conducting military funeral honors, and for providing training and quality control.''.
(d) Waiver Authority.--Such section is further amended by inserting after subsection (f), as redesignated by subsection
(b)(1), the following new subsection:
``(g) Waiver Authority.--(1) The Secretary of Defense may waive any of the provisions of this section when the Secretary determines that such a waiver is necessary because of a contingency operation or when the Secretary otherwise considers such a waiver to be necessary to meet military requirements. The authority to make such a waiver may not be delegated to any official of a military department other than the Secretary of the military department and may not be delegated within the Office of the Secretary of Defense to an official at a level below Under Secretary of Defense.''.
``(2) Whenever a waiver is granted under paragraph (1), the Secretary of Defense shall promptly submit notice of the waiver to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.''.
(e) Coverage of Certain Reservists.--Such section is further amended by striking the period at the end of subsection (h), as redesignated by subsection (b)(1), and inserting ``and includes a deceased member or former member of the Selected Reserve described in section 2301(f) of title 38.''.
(f) Authority To Accept Voluntary Services.--Section 1588(a) of such title is amended by adding at the end the following new paragraph:
``(4) Voluntary services as a member of an honor guard detail under section 1491 of this title.''.
(g) Effective Date.--(1) Section 1491 of title 10, United States Code, as amended by this section, shall apply with respect to funerals of veterans that occur after December 31, 1999.
(2) Subsection (a) of such section is amended by striking
``that occurs after December 31, 1999''.
(h) National Guard Funeral Honors Duty.--(1) Section 114 of title 32, United States Code, is amended--
(A) by striking ``honor guard'' both places it appears and inserting ``funeral honors''; and
(B) by striking ``otherwise required'' and inserting ``, but may be performed as funeral honors duty as prescribed in section 115 of this title''.
(2) Chapter 1 of such title is amended by adding at the end the following new section:
``Sec. 115. Funeral honors duty performed as a Federal function
``(a) Under regulations prescribed by the Secretary of Defense, a member of the Army National Guard of the United States or the Air National Guard of the United States may be ordered to funeral honors duty, with the consent of the member, to prepare for or perform funeral honors functions at the funeral of a veteran (as defined in section 1491 of title 10).
``(b) A member ordered to funeral honors duty under this section shall be required to perform a minimum of two hours of such duty in order to receive service credit under section 1273(a)(2)(E) of title 10 and compensation under section 435 of title 37 if authorized by the Secretary concerned.
``(c) Funeral honors duty (and travel directly to and from that duty) under this section shall be treated as the equivalent of inactive-duty training (and travel directly to and from that training) for the purposes of this section and the provisions of title 10, title 37, and title 38, including provisions relating to the determination of eligibility for and the receipt of benefits and entitlements provided under those titles for Reserves performing inactive-duty training and for their dependents and survivors, except that a member is not entitled by reason of performance of funeral honors duty to any pay, allowances, or other compensation provided for in title 37 other than that provided in section 435 of that title and in subsection (d).
``(d) A member who performs funeral honors duty under this section is entitled to reimbursement for travel and transportation expenses incurred in conjunction with such duty as authorized under chapter 7 of title 37, if such duty is performed at a location 50 miles or more from the member's residence.''.
(3)(A) The heading of section 114 of such title is amended to read as follows:
``Sec. 114. Funeral honors functions at funerals for veterans''.
(B) The table of sections at the beginning of chapter 1 of such title is amended by striking the item relating to section 114 and inserting the following:
``114. Funeral honors functions at funerals for veterans.
``115. Funeral honors duty performed as a Federal function.''.
(i) Ready Reserve Funeral Honors Duty.--(1)(A) Chapter 1213 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 12503. Ready Reserve: funeral honors duty
``(a) Under regulations prescribed by the Secretary of Defense, a member of the Ready Reserve may be ordered to funeral honors duty, with the consent of the member, in preparation for or to perform funeral honors functions at the funeral of a veteran (as defined in section 1491 of this title). However, a member of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to perform funeral honors functions under this section without the consent of the Governor or other appropriate authority of the State concerned.
``(b) A member ordered to funeral honors duty under this section shall be required to perform a minimum of two hours of such duty in order to receive service credit under section 12732(a)(2)(E) of this title and compensation under section 435 of title 37 if authorized by the Secretary concerned.
``(c) Funeral honors duty (and travel directly to and from that duty) under this section shall be treated as the equivalent of inactive-duty training (and travel directly to and from that training) for the purposes of this title, title 37, and title 38, including provisions relating to the determination of eligibility for and receipt of benefits and entitlements provided under those titles for Reserves performing inactive-duty training and for their dependents and survivors, except that a member is not entitled by reason of performance of funeral honors duty to any pay, allowances, or other compensation provided for in title 37 other than that provided in section 435 of that title and in subsection
(d).
``(d) A member who performs funeral honors duty under this section is entitled to reimbursement for travel and transportation expenses incurred in conjunction with such duty as authorized under chapter 7 of title 37, if such duty is performed at a location 50 miles or more from the member's residence.''.
(B) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
``12503. Ready Reserve: funeral honors duty.''.
(2)(A) Section 12552 of such title is amended to read as follows:
``Sec. 12552. Funeral honors functions at funerals for veterans
``Performance by a Reserve of funeral honors functions at the funeral of a veteran (as defined in section 1491 of this title) may not be considered to be a period of drill or training, but may be performed as funeral honors duty under section 12503 of this title.''.
(B) The item relating to such section in the table of sections at the beginning of chapter 1215 of such title is amended to read as follows:
``12552. Funeral honors functions at funerals for veterans.''.
(j) Crediting for Retirement Purposes.--Paragraph (2) of section 12732(a) of title 10, United States Code, is amended--
(1) by inserting after subparagraph (D) the following new subparagraph:
``(E) One point for each day in which funeral honors functions were performed under section 12503 of this title or section 115 of title 32.''; and
(2) by striking ``and (D)'' in the last sentence of such paragraph and inserting ``(D), and (E)''.
(k) Allowance for Funeral Honors Duty.--(1) Chapter 7 of title 37, United States Code, is amended by adding at the end the following new section:
``Sec. 435. Funeral honors duty: flat rate allowance
``(a) Allowance Authorized.--Under uniform regulations prescribed by the Secretary of Defense, a member of the Ready Reserve of an armed force may be paid an allowance of $50, at the discretion of the Secretary concerned, for funeral honors duty performed pursuant to section 12305 of title 10 or section 115 of title 32, if the member is engaged in the performance of that duty for at least two hours.
``(b) Relation to Performance of Funeral Honors Duty.--The allowance under this section shall constitute the single, flat-rate monetary allowance authorized for the performance of funeral honors duty pursuant to section 12503 of title 10 or section 115 of title 32 and shall constitute payment in full to the member, regardless of grade in which serving.''.
(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
``435. Funeral honors duty: flat rate allowance.''.
SEC. 566. PURPOSE AND FUNDING LIMITATIONS FOR NATIONAL GUARD
CHALLENGE PROGRAM.
(a) Program Authority and Purpose.--Subsection (a) of section 509 of title 32, United States Code, is amended to read as follows:
``(a) Program Authority and Purpose.--The Secretary of Defense, acting through the Chief of the National Guard Bureau, may use the National Guard to conduct a civilian youth opportunities program, to be known as the `National Guard Challenge Program', which shall consist of at least a 22-week residential program and a 12-month post-residential mentoring period. The National Guard Challenge Program shall seek to improve life skills and employment potential of participants by providing military-based training and supervised work experience, together with the core program components of assisting participants to receive a high school diploma or its equivalent, leadership development, promoting fellowship and community service, developing life coping skills and job skills, and improving physical fitness and health and hygiene.''.
(b) Annual Funding Limitation.--Subsection (b) of such section is amended by striking ``$50,000,000'' and inserting
``$62,500,000''.
SEC. 567. ACCESS TO SECONDARY SCHOOL STUDENTS FOR MILITARY
RECRUITING PURPOSES.
Section 503 of title 10, United States Code, is amended by adding at the end the following new subsection:
``(c) Each local educational agency is requested to provide to the Department of Defense, upon a request made for military recruiting purposes, the same access to secondary school students, and to directory information concerning such students, as is provided generally to post-secondary educational institutions or to prospective employers of those students.''.
SEC. 568. SURVEY OF MEMBERS LEAVING MILITARY SERVICE ON
ATTITUDES TOWARD MILITARY SERVICE.
(a) Exit Survey.--The Secretary of Defense shall develop and implement a survey on attitudes toward military service to be completed by all members of the Armed Forces who during the period beginning on January 1, 2000, and ending on June 30, 2000, are discharged or separated from the Armed Forces or transfer from a regular component to a reserve component.
(b) Matters To Be Covered.--The survey shall, at a minimum, cover the following subjects:
(1) Reasons for leaving military service.
(2) Command climate.
(3) Attitude toward civilian and military leadership.
(4) Attitude toward pay and benefits.
(5) Job satisfaction.
(6) Such other matters as the Secretary determines appropriate to the survey concerning reasons why military personnel are leaving military service.
(c) Report to Congress.--Not later than October 1, 2000, the Secretary shall submit to Congress a report containing the results of the survey under subsection (a). The Secretary shall compile the information in the report so as to assist in assessing reasons why military personnel are leaving military service.
SEC. 569. IMPROVEMENT IN SYSTEM FOR ASSIGNING PERSONNEL TO
WARFIGHTING UNITS.
(a) Review of Personnel Assignment Systems.--The Secretary of each military department shall review the military personnel system under that Secretary's jurisdiction in order to identify those policies that prevent warfighting units from being fully manned.
(b) Revision to Policies.--Following the review under subsection (a), the Secretary shall alter the policies identified in the review with the goal of raising the priority in the personnel system for the assignment of personnel to warfighting units.
(c) Report.--Not later than December 31, 2000, the Secretary shall submit to the Committee on Armed Services of the Senate and Committee on Armed Services of the House of Representatives a report on the changes to the military personnel system under that Secretary's jurisdiction that have been, or will be, adopted under subsection (b).
(d) Definition.--For the purposes of this section, the term
``warfighting unit'' means a battalion, squadron, or vessel that (1) has a combat, combat support, or combat service support mission, and (2) is not considered to be in the supporting establishment for its service.
SEC. 570. REQUIREMENT FOR DEPARTMENT OF DEFENSE REGULATIONS
TO PROTECT THE CONFIDENTIALITY OF
COMMUNICATIONS BETWEEN DEPENDENTS AND
PROFESSIONALS PROVIDING THERAPEUTIC OR RELATED
SERVICES REGARDING SEXUAL OR DOMESTIC ABUSE.
(a) In General.--(1) Chapter 80 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 1562. Confidentiality of communications between dependents and professionals providing therapeutic or related services regarding sexual or domestic abuse
``(a) Regulations.--The Secretary of Defense shall prescribe in regulations such policies and procedures as the Secretary considers necessary to provide the maximum possible protection for the confidentiality of communications described in subsection (b) relating to misconduct described in that subsection. Those regulations shall be consistent with--
``(1) the standards of confidentiality and ethical standards issued by relevant professional organizations;
``(2) applicable requirements of Federal and State law;
``(3) the best interest of victims of sexual harassment, sexual assault, or intrafamily abuse; and
``(4) such other factors as the Secretary, in consultation with the Attorney General, considers appropriate.
``(b) Covered Communications.--Subsection (a) applies to communications between--
``(1) a dependent of a member of the armed forces who--
``(A) is a victim of sexual harassment, sexual assault, or intrafamily abuse; or
``(B) has engaged in such misconduct; and
``(2) a therapist, counselor, advocate, or other professional from whom the dependent seeks professional services in connection with effects of such misconduct.''.
(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
``1562. Confidentiality of communications between dependents and professionals providing therapeutic or related services regarding sexual or domestic abuse.''.
(b) GAO Study.--(1) The Comptroller General shall study the policies, procedures, and practices of the military departments for protecting the confidentiality of communications between--
(A) a dependent of a member of the Armed Forces who--
(i) is a victim of sexual harassment, sexual assault, or intrafamily abuse; or
(ii) has engaged in such misconduct; and
(B) a therapist, counselor, advocate, or other professional from whom the dependent seeks professional services in connection with effects of such misconduct.
(2) The Comptroller General shall conclude the study and submit to the Secretary of Defense and Congress a report on the results of the study. The report shall be submitted not later than 180 days after the date of the enactment of this Act.
(c) Initial Regulations.--The initial regulations under section 1562 of title 10, United States Code, as added by subsection (a), shall be prescribed not later than 90 days after the date on which the Secretary of Defense receives the report of the Comptroller General under subsection (b). In prescribing those regulations, the Secretary shall ensure that those regulations are consistent with the findings of the Comptroller General in that report.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. FISCAL YEAR 2000 INCREASE IN MILITARY BASIC PAY AND
REFORM OF BASIC PAY RATES.
(a) Waiver of Section 1009 Adjustment.--The adjustment to become effective during fiscal year 2000 required by section 1009 of title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.
(b) January 1, 2000, Increase in Basic Pay.--Effective on January 1, 2000, the rates of monthly basic pay for members of the uniformed services are increased by 4.8 percent.
(c) Reform of Basic Pay Rates.--Effective on July 1, 2000, the rates of monthly basic pay for members of the uniformed services within each pay grade are as follows:
COMMISSIONED OFFICERS \1\
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
O-10 \2\........ $0.00 $0.00 $0.00 $0.00 $0.00
O-9............. 0.00 0.00 0.00 0.00 0.00
O-8............. 6,594.30 6,810.30 6,953.10 6,993.30 7,171.80
O-7............. 5,479.50 5,851.80 5,851.50 5,894.40 6,114.60
O-6............. 4,061.10 4,461.60 4,754.40 4,754.40 4,772.40
O-5............. 3,248.40 3,813.90 4,077.90 4,127.70 4,291.80
O-4............. 2,737.80 3,333.90 3,556.20 3,606.04 3,812.40
O-3 \3\......... 2,544.00 2,884.20 3,112.80 3,364.80 3,525.90
O-2 \3\......... 2,218.80 2,527.20 2,910.90 3,000.00 3,071.10
O-1 \3\......... 1,926.30 2,004.90 2,423.10 2,423.10 2,423.10
-------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------
O-10 \2\........ $0.00 $0.00 $0.00 $0.00 $0.00
O-9............. 0.00 0.00 0.00 0.00 0.00
O-8............. 7,471.50 7,540.80 7,824.60 7,906.20 8,150.10
O-7............. 6,282.00 6,475.80 6,669.00 6,863.10 7,471.50
O-6............. 4,976.70 5,004.00 5,004.00 5,169.30 5,791.20
O-5............. 4,291.80 4,420.80 4,659.30 4,971.90 5,286.00
O-4............. 3,980.40 4,251.50 4,464.00 4,611.00 4,758.90
O-3 \3\......... 3,702.60 3,850.20 4,040.40 4,139.10 4,139.10
O-2 \3\......... 3,071.10 3,071.10 3,071.10 3,071.10 3,071.10
O-1 \3\......... 2,423.10 2,423.10 2,423.10 2,423.10 2,423.10
-------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------
O-10 \2\........ $0.00 $10,655.1 $10,707.6 $10,930.2 $11,318.40
0 0 0
O-9............. 0.00 9,319.50 9,453.60 9,647.70 9,986.40
O-8............. 8,503.80 8,830.20 9,048.00 9,048.00 9,048.00
O-7............. 7,985.40 7,985.40 7,985.40 7,985.40 8,025.60
O-6............. 6,086.10 6,381.30 6,549.00 6,719.10 7,049.10
O-5............. 5,436.00 5,583.60 5,751.90 5,751.90 5,751.90
O-4............. 4,808.70 4,808.70 4,808.70 4,808.70 4,808.70
O-3 \3\......... 4,139.10 4,139.10 4,139.10 4,139.10 4,139.10
O-2 \3\......... 3,071.10 3,071.10 3,071.10 3,071.10 3,071.10
O-1 \3\......... 2,423.10 2,423.10 2,423.10 2,423.10 2,423.10
------------------------------------------------------------------------
\1\ Notwithstanding the pay rates specified in this table, the actual
basic pay for commissioned officers in grades 0-7 through O-10 may not
exceed the rate of pay for level III of the Executive Schedule and the
actual basic pay for all other officers, including warrant officers,
may not exceed the rate of pay for level V of the Executive Schedule.
\2\ Subject to the preceding footnote, while serving as Chairman or Vice
Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army,
Chief of Naval Operations, Chief of Staff of the Air Force, Commandant
of the Marine Corps, or Commandant of the Coast Guard, basic pay for
this grade is calculated to be $12,441.00, regardless of cumulative
years of service computed under section 205 of title 37, United States
Code.
\3\ This table does not apply to commissioned officers in the grade O-1,
O-2, or O-3 who have been credited with over 4 years of active duty
service as an enlisted member or warrant officer.
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN
ENLISTED MEMBER OR WARRANT OFFICER
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
O-3E............ $0.00 $0.00 $0.00 $3,364.80 $3,525.90
O-2E............ 0.00 0.00 0.00 3,009.00 3,071.10
O-1E............ 0.00 0.00 0.00 2,423.10 2,588.40
-------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
-------------------------------------------------------
O-3E............ $3,702.60 $3,850.20 $4,040.40 $4,200.30 $4,291.80
O-2E............ 3,168.60 3,333.90 3,461.40 3,556.20 3,556.20
O-1E............ 2,683.80 2,781.30 2,877.60 3,009.00 3,009.00
-------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
-------------------------------------------------------
O-3E............ $4,416.90 $4,416.90 $4,416.90 $4,416.90 $4,416.90
O-2E............ 3,556.20 3,556.20 3,556.20 3,556.20 3,556.20
O-1E............ 3,009.00 3,009.00 3,009.00 3,009.00 3,009.00
------------------------------------------------------------------------
WARRANT OFFICERS
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
W-5.............. $0.00 $0.00 $0.00 $0.00 $0.00
W-4.............. 2,592.00 2,788.50 2,868.60 2,947.50 3,083.40
W-3.............. 2,355.90 2,555.40 2,555.40 2,588.40 2,694.30
W-2.............. 2,063.40 2,232.60 2,232.60 2,305.80 2,423.10
W-1.............. 1,719.00 1,971.00 1,971.00 2,135.70 2,232.60
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
W-5.............. $0.00 $0.00 $0.00 $0.00 $0.00
W-4.............. 3,217.20 3,352.80 3,485.10 3,622.20 3,753.60
W-3.............. 2,814.90 2,974.20 3,071.10 3,177.00 3,298.20
W-2.............. 2,555.40 2,852.60 2,749.80 2,844.30 2,949.00
W-1.............. 2,332.80 2,433.30 2,533.20 2,634.00 2,734.80
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
W-5.............. $0.00 $4,475.10 $4,628.70 $4,782.90 $4,937.40
W-4.............. 3,888.00 4,019.00 4,155.60 4,289.70 4,427.10
W-3.............. 3,418.50 3,539.10 3,659.40 3,780.00 3,900.90
W-2.............. 3,058.40 3,163.80 3,270.90 3,378.30 3,378.30
W-1.............. 2,835.00 2,910.90 2,910.90 2,910.90 2,910.90
------------------------------------------------------------------------
ENLISTED MEMBERS \1\
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
E-9 \2\.......... $0.00 $0.00 $0.00 $0.00 $0.00
E-8.............. 0.00 0.00 0.00 0.00 0.00
E-7.............. 1,765.80 1,927.80 2,001.00 2,073.00 2,147.70
E-6.............. 1,518.90 1,678.20 1,752.60 1,824.30 1,899.30
E-5.............. 1,332.60 1,494.00 1,566.00 1,640.40 1,714.50
E-4.............. 1,242.90 1,373.10 1,447.20 1,520.10 1,593.90
E-3.............. 1,171.50 1,260.60 1,334.10 1,335.90 1,335.90
E-2.............. 1,127.40 1,127.40 1,127.40 1,127.40 1,127.40
E-1.............. \3\ 1,005.60 1,005.60 1,005.60 1,005.60
1,005.60
------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
------------------------------------------------------
E-9 \2\.......... $0.00 $3,015.30 $3,083.40 $3,169.80 $3,271.50
E-8.............. 2,528.40 2,601.60 2,669.70 2,751.60 2,840.10
E-7.............. 2,220.90 2,294.10 2,367.30 2,439.30 2,514.00
E-6.............. 1,973.10 2,047.20 2,118.60 2,191.50 2,244.60
E-5.............. 1,789.50 1,861.50 1,936.20 1,936.20 1,936.20
E-4.............. 1,593.90 1,593.90 1,593.90 1,593.90 1,593.90
E-3.............. 1,335.90 1,335.90 1,335.90 1,335.90 1,335.90
E-2.............. 1,127.40 1,127.40 1,127.40 1,127.40 1,127.40
E-1.............. 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60
------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
------------------------------------------------------
E-9 \2\.......... $3,373.20 $3,473.40 $3,609.30 $3,744.00 $3,915.80
E-8.............. 2,932.50 3,026.10 3,161.10 3,295.50 3,483.60
E-7.............. 2,588.10 2,660.40 2,787.60 2,926.20 3,134.40
E-6.............. 2,283.30 2,283.30 2,285.70 2,285.70 2,285.70
E-5.............. 1,936.20 1,936.20 1,936.20 1,936.20 1,936.20
E-4.............. 1,593.90 1,593.90 1,593.90 1,593.90 1,593.90
E-3.............. 1,335.90 1,335.90 1,335.90 1,335.90 1,335.90
E-2.............. 1,127.40 1,127.40 1,127.40 1,123.20 1,127.40
E-1.............. 1,005.60 1,005.60 1,005.60 1,005.60 1,005.60
------------------------------------------------------------------------
\1\ Notwithstanding the pay rates specified in this table, the actual
basic pay for enlisted members may not exceed the rate of pay for
level V of the Executive Schedule.
\2\ Subject to the preceding footnote, while serving as Sergeant Major
of the Army, Master Chief Petty Officer of the Navy, Chief Master
Sergeant of the Air Force, Sergeant Major of the Marine Corps, or
Master Chief Petty Officer of the Coast Guard, basic pay for this
grade is $4,701.00, regardless of cumulative years of service computed
under section 205 of title 37, United States Code.
\3\ In the case of members in the grade E-1 who have served less than 4
months on active duty, basic pay is $930.30.
(d) Limitation on Pay Adjustments.--Section 1009(a) of title 37, United States Code, is amended--
(1) by inserting ``(1)'' before ``Whenever''; and
(2) by adding at the end the following new paragraph:
``(2) On and after April 30, 1999, the actual basic pay for commissioned officers in grades 0-7 through O-10 may not exceed the rate of pay for level III of the Executive Schedule, and the actual basic pay for all other officers and enlisted members may not exceed the rate of pay for level V of the Executive Schedule.''.
SEC. 602. PAY INCREASES FOR FISCAL YEARS AFTER FISCAL YEAR
2000.
Effective on October 1, 2000, subsection (c) of section 1009 of title 37, United States Code, is amended to read as follows:
``(c) Percentage Increase for All Members.--(1) Subject to subsection (d), an adjustment taking effect under this section during a fiscal year shall provide all eligible members with an increase in the monthly basic pay by the percentage equal to the sum of--
``(A) 0.5 percent; plus
``(B) the percentage calculated as provided under section 5303(a) of title 5.
``(2) The calculation required by paragraph (1)(B) shall be made without regard to whether rates of pay under the statutory pay systems (as defined in section 5302 of title 5) are actually increased during that fiscal year under section 5303 of such title by the percentage so calculated.''.
SEC. 603. ADDITIONAL AMOUNT AVAILABLE FOR FISCAL YEAR 2000
INCREASE IN BASIC ALLOWANCE FOR HOUSING INSIDE
THE UNITED STATES.
In addition to the amount determined by the Secretary of Defense under section 403(b)(3) of title 37, United States Code, to be the total amount that may be paid during fiscal year 2000 for the basic allowance for housing for military housing areas inside the United States, $442,500,000 of the amount authorized to be appropriated by section 421 for military personnel shall be used by the Secretary to further increase the total amount available for the basic allowance for housing for military housing areas inside the United States.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.
(a) Special Pay for Health Professionals in Critically Short Wartime Specialties.--Section 302g(f) of title 37, United States Code, is amended by striking ``December 31, 1999'' and inserting ``December 31, 2000''.
(b) Selected Reserve Reenlistment Bonus.--Section 308b(f) of such title is amended by striking ``December 31, 1999'' and inserting ``December 31, 2000''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of such title is amended by striking ``December 31, 1999'' and inserting ``December 31, 2000''.
(d) Special Pay for Enlisted Members Assigned to Certain High Priority Units.--Section 308d(c) of such title is amended by striking ``December 31, 1999'' and inserting
``December 31, 2000''.
(e) Selected Reserve Affiliation Bonus.--Section 308e(e) of such title is amended by striking ``December 31, 1999'' and inserting ``December 31, 2000''.
(f) Ready Reserve Enlistment and Reenlistment Bonus.--Section 308h(g) of such title is amended by striking
``December 31, 1999'' and inserting ``December 31, 2000''.
(g) Prior Service Enlistment Bonus.--Section 308i(f) of such title is amended by striking ``December 31, 1999'' and inserting ``December 31, 2000''.
(h) Repayment of Education Loans for Certain Health Professionals Who Serve in the Selected Reserve.--Section 16302(d) of title 10, United States Code, is amended by striking ``January 1, 2000'' and inserting ``January 1, 2001''.
SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY
AUTHORITIES FOR NURSE OFFICER CANDIDATES,
REGISTERED NURSES, AND NURSE ANESTHETISTS.
(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1) of title 10, United States Code, is amended by striking ``December 31, 1999'' and inserting ``December 31, 2000''.
(b) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of title 37, United States Code, is amended by striking ``December 31, 1999'' and inserting ``December 31, 2000''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section 302e(a)(1) of title 37, United States Code, is amended by striking ``December 31, 1999'' and inserting ``December 31, 2000''.
SEC. 613. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
OTHER BONUSES AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus.--Section 301b(a) of title 37, United States Code, is amended by striking
``December 31, 1999,'' and inserting ``December 31, 2000,''.
(b) Reenlistment Bonus for Active Members.--Section 308(g) of such title is amended by striking ``December 31, 1999'' and inserting ``December 31, 2000''.
(c) Enlistment Bonus for Persons With Critical Skills.--Section 308a(d) of such title, as redesignated by section 618(b), is amended by striking ``December 31, 1999'' and inserting ``December 31, 2000''.
(d) Army Enlistment Bonus.--Section 308f(c) of such title is amended by striking ``December 31, 1999'' and inserting
``December 31, 2000''.
(e) Special Pay for Nuclear-Qualified Officers Extending Period of Active Service.--Section 312(e) of such title is amended by striking ``December 31, 1999'' and inserting
``December 31, 2000''.
(f) Nuclear Career Accession Bonus.--Section 312b(c) of such title is amended by striking ``December 31, 1999'' and inserting ``December 31, 2000''.
(g) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such title is amended by striking ``October 1, 1998,'' and all that follows through the period at the end and inserting
``December 31, 2000.''.
SEC. 614. AVIATION CAREER INCENTIVE PAY FOR AIR BATTLE
MANAGERS.
(a) Availability of Incentive Pay.--Section 301a(b) of title 37, United States Code is amended by adding at the end the following new paragraph:
``(4) An officer serving as an air battle manager who is entitled to aviation career incentive pay under this section and who, before becoming entitled to aviation career incentive pay, was entitled to incentive pay under section 301(a)(11) of this title, is entitled to monthly incentive pay at a rate equal to the greater of the following:
``(A) The rate applicable under this subsection.
``(B) The rate at which the member was receiving incentive pay under section 301(c)(2)(A) of this title immediately before the member's entitlement to aviation career incentive pay under this section.''.
(b) Effective Date.--The amendment made by subsection (a) shall take effect on the first day of the first month that begins on or after the date of the enactment of this Act.
SEC. 615. EXPANSION OF AUTHORITY TO PROVIDE SPECIAL PAY TO
AVIATION CAREER OFFICERS EXTENDING PERIOD OF
ACTIVE DUTY.
(a) Eligibility Criteria.--Subsection (b) of section 301b of title 37, United States Code, is amended--
(1) by striking paragraphs (2) and (5);
(2) in paragraph (3), by striking ``grade O-6'' and inserting ``grade O-7'';
(3) by inserting ``and'' at the end of paragraph (4); and
(4) by redesignating paragraphs (3), (4), and (6) as paragraphs (2), (3), and (4), respectively.
(b) Amount of Bonus.--Subsection (c) of such section is amended by striking ``than--'' and all that follows through the period at the end and inserting ``than $25,000 for each year covered by the written agreement to remain on active duty.''.
(c) Proration Authority for Coverage of Increased Period of Eligibility.--Subsection (d) of such section is amended by striking ``14 years of commissioned service'' and inserting
``25 years of aviation service''.
(d) Repeal of Content Requirements for Annual Report.--Subsection (i)(1) of such section is amended by striking the second sentence.
(e) Definitions Regarding Aviation Specialty.--Subsection
(j) of such section is amended--
(1) by striking paragraphs (2) and (3); and
(2) by redesignating paragraph (4) as paragraph (2).
(f) Technical Amendment.--Subsection (g)(3) of such section if amended by striking the second sentence.
(g) Effective Date.--The amendments made by this section shall take effect on the first day of the first month that begins on or after the date of the enactment of this Act.
SEC. 616. DIVING DUTY SPECIAL PAY.
(a) Increase in Payment Amount.--Subsection (b) of section 304 of title 37, United States Code, is amended--
(1) by striking ``$200'' and inserting ``$240''; and
(2) by striking ``$300'' and inserting ``$340''.
(b) Relation to Hazardous Duty Incentive Pay.--Subsection
(c) of such section 304 is amended to read as follows:
``(c) If, in addition to diving duty, a member is assigned by orders to one or more hazardous duties described in section 301 of this title, the member may be paid, for the same period of service, special pay under this section and incentive pay under such section 301 for each hazardous duty for which the member is qualified.''.
(c) Effective Date.--The amendments made by this section shall take effect on the first day of the first month that begins on or after the date of the enactment of this Act.
SEC. 617. REENLISTMENT BONUS.
(a) Minimum Months of Active Duty.--Subsection (a)(1)(A) of section 308 of title 37, United States Code, is amended by striking ``twenty-one months'' and inserting ``17 months''.
(b) Amount of Bonus.--Subsection (a)(2) of such section is amended--
(1) in subparagraph (A)(i), by striking ``ten'' and inserting ``15''; and
(2) in subparagraph (B), by striking ``$45,000'' and inserting ``$60,000''.
SEC. 618. ENLISTMENT BONUS.
(a) Increase in Bonus Amount.--Subsection (a) of section 308a of title 37, United States Code, is amended by striking
``$12,000'' and inserting ``$20,000''.
(b) Payment Methods.--Such section is further amended--
(1) in subsection (a), by striking the second sentence;
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d); and
(3) by inserting after subsection (a) the following new subsection:
``(b) Payment Methods.--A bonus under this section may be paid in a single lump sum, or in periodic installments, to provide an extra incentive for a member to successfully complete the training necessary for the member to be technically qualified in the skill for which the bonus is paid.''.
(c) Stylistic Amendments.--Such section is further amended--
(1) in subsection (a), by inserting ``Bonus Authorized; Bonus Amount.--'' after ``(a)'';
(2) in subsection (c), as redesignated by subsection (b)(2) of this section, by inserting ``Repayment of Bonus.--'' after
``(c)''; and
(3) in subsection (d), as redesignated by subsection (b)(2) of this section, by inserting ``Termination of Authority.--'' after ``(d)''.
SEC. 619. REVISED ELIGIBILITY REQUIREMENTS FOR RESERVE
COMPONENT PRIOR SERVICE ENLISTMENT BONUS.
Paragraph (2) of section 308i(a) of title 37, United States Code, is amended to read as follows:
``(2) A bonus may only be paid under this section to a person who meets each of the following requirements:
``(A) The person has completed a military service obligation, but has less than 14 years of total military service, and received an honorable discharge at the conclusion of that military service obligation.
``(B) The person was not released, or is not being released, from active service for the purpose of enlistment in a reserve component.
``(C) The person is projected to occupy, or is occupying, a position as a member of the Selected Reserve in a specialty in which the person--
``(i) successfully served while a member on active duty and attained a level of qualification while on active duty commensurate with the grade and years of service of the member; or
``(ii) has completed training or retraining in the specialty skill that is designated as critically short and attained a level of qualification in the specialty skill that is commensurate with the grade and years of service of the member.
``(D) The person has not previously been paid a bonus
(except under this section) for enlistment, reenlistment, or extension of enlistment in a reserve component.''.
SEC. 620. INCREASE IN SPECIAL PAY AND BONUSES FOR NUCLEAR-
QUALIFIED OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending Period of Active Service.--Section 312(a) of title 37, United States Code, is amended by striking ``$15,000'' and inserting
``$25,000''.
(b) Nuclear Career Accession Bonus.--Section 312b(a)(1) of such title is amended by striking ``$10,000'' and inserting
``$20,000''.
(c) Nuclear Career Annual Incentive Bonuses.--Section 312c of such title is amended--
(1) in subsection (a)(1), by striking ``$12,000'' and inserting ``$22,000''; and
(2) in subsection (b)(1), by striking ``$5,500'' and inserting ``$10,000''.
(d) Effective Date.--(1) The amendments made by this section shall take effect on October 1, 1999.
(2) The amendments made by subsections (a) and (b) shall apply with respect to agreements accepted under section 312(a) and 312b(a), respectively, of title 37, United States Code, on or after October 1, 1999.
(3) The amendments made by subsection (c) shall apply with respect to nuclear service years beginning on or after October 1, 1999.
SEC. 621. INCREASE IN AUTHORIZED MONTHLY RATE OF FOREIGN
LANGUAGE PROFICIENCY PAY.
(a) Increase.--Section 316(b) of title 37, United States Code, is amended by striking ``$100'' and inserting ``$300''.
(b) Effective Date.--The amendment made by subsection (a) shall take effect on the first day of the first month that begins on or after the date of the enactment of this Act.
SEC. 622. AUTHORIZATION OF RETENTION BONUS FOR SPECIAL
WARFARE OFFICERS EXTENDING PERIODS OF ACTIVE
DUTY.
(a) Bonus Authorized.--Chapter 5 of title 37, United States Code, is amended by adding at the end the following new section:
``Sec. 318. Special pay: special warfare officers extending period of active duty
``(a) Special Warfare Officer Defined.--In this section, the term `special warfare officer' means an officer of a uniformed service who--
``(1) is qualified for a military occupational specialty or designator identified by the Secretary concerned as a special warfare military occupational specialty or designator; and
``(2) is serving in a position for which that specialty or designator is authorized.
``(b) Retention Bonus Authorized.--A special warfare officer who meets the eligibility requirements specified in subsection (c) and who executes a written agreement, on or after October 1, 1999, to remain on active duty in special warfare service for at least one year may, upon the acceptance of the agreement by the Secretary concerned, be paid a retention bonus as provided in this section.
``(c) Eligible Officers.--A special warfare officer may apply to enter into an agreement referred to in subsection
(b) if the officer--
``(1) is in pay grade O-3, or is in pay grade O-4 and is not on a list of officers recommended for promotion, at the time the officer applies to enter into the agreement;
``(2) has completed at least 6, but not more than 14, years of active commissioned service; and
``(3) has completed any service commitment incurred to be commissioned as an officer.
``(d) Amount of Bonus.--The amount of a retention bonus paid under this section may not be more than $15,000 for each year covered by the agreement.
``(e) Proration.--The term of an agreement under subsection
(b) and the amount of the retention bonus payable under subsection (d) may be prorated as long as the agreement does not extend beyond the date on which the officer executing the agreement would complete 14 years of active commissioned service.
``(f) Payment Methods.--(1) Upon acceptance of an agreement under subsection (b) by the Secretary concerned, the total amount payable pursuant to the agreement becomes fixed.
``(2) The amount of the retention bonus may be paid as follows:
``(A) At the time the agreement is accepted by the Secretary concerned, the Secretary may make a lump sum payment equal to half the total amount payable under the agreement. The balance of the bonus amount shall be paid in equal annual installments on the anniversary of the acceptance of the agreement.
``(B) The Secretary concerned may make graduated annual payments under regulations prescribed by the Secretary, with the first payment being payable at the time the agreement is accepted by the Secretary and subsequent payments being payable on the anniversary of the acceptance of the agreement.
``(g) Additional Pay.--A retention bonus paid under this section is in addition to any other pay and allowances to which an officer is entitled.
``(h) Repayment.--(1) If an officer who has entered into an agreement under subsection (b) and has received all or part of a retention bonus under this section fails to complete the total period of active duty in special warfare service as specified in the agreement, the Secretary concerned may require the officer to repay the United States, on a pro rata basis and to the extent that the Secretary determines conditions and circumstances warrant, all sums paid the officer under this section.
``(2) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owed to the United States.
``(3) A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement entered into under subsection (a) does not discharge the officer signing the agreement from a debt arising under such agreement or under paragraph (1).
``(i) Regulations.--The Secretaries concerned shall prescribe regulations to carry out this section, including the definition of the term `special warfare service' for purposes of this section. Regulations prescribed by the Secretary of a military department under this section shall be subject to the approval of the Secretary of Defense.''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter 5 of title 37, United States Code is amended by adding at the end the following new item:
``318. Special pay: special warfare officers extending period of active duty.''.
SEC. 623. AUTHORIZATION OF SURFACE WARFARE OFFICER
CONTINUATION PAY.
(a) Incentive Pay Authorized.--Chapter 5 of title 37, United States Code, is amended by inserting after section 318, as added by section 622, the following new section:
``Sec. 319. Special pay: surface warfare officer continuation pay
``(a) Eligible Surface Warfare Officer Defined.--In this section, the term `eligible surface warfare officer' means an officer of the Regular Navy or Naval Reserve on active duty who--
``(1) is qualified and serving as a surface warfare officer;
``(2) has been selected for assignment as a department head on a surface vessel; and
``(3) has completed any service commitment incurred through the officer's original commissioning program.
``(b) Special Pay Authorized.--An eligible surface warfare officer who executes a written agreement, on or after October 1, 1999, to remain on active duty to complete one or more tours of duty to which the officer may be ordered as a department head on a surface ship may, upon the acceptance of the agreement by the Secretary of the Navy, be paid an amount not to exceed $50,000.
``(c) Proration.--The term of the written agreement under subsection (b) and the amount payable under the agreement may be prorated.
``(d) Payment Methods.--Upon acceptance of the written agreement under subsection (b) by the Secretary of the Navy, the total amount payable pursuant to the agreement becomes fixed. The Secretary shall prepare an implementation plan specifying the amount of each installment payment under the agreement and the times for payment of the installments.
``(e) Additional Pay.--Any amount paid under this section is in addition to any other pay and allowances to which an officer is entitled.
``(f) Repayment.--(1) If an officer who has entered into a written agreement under subsection (b) and has received all or part of the amount payable under the agreement fails to complete the total period of active duty as a department head on a surface ship specified in the agreement, the Secretary of the Navy may require the officer to repay the United States, to the extent that the Secretary of the Navy determines conditions and circumstances warrant, any or all sums paid under this section.
``(2) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owned to the United States.
``(3) A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement entered into under subsection (b) does not discharge the officer signing the agreement from a debt arising under such agreement or under paragraph (1).
``(g) Regulations.--The Secretary of the Navy shall prescribe regulations to carry out this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter 5 of title 37, United States Code, is amended by inserting after the item relating to section 318 the following new item:
``319. Special pay: surface warfare officer continuation pay''.
SEC. 624. AUTHORIZATION OF CAREER ENLISTED FLYER INCENTIVE
PAY.
(a) Incentive Pay Authorized.--Chapter 5 of title 37, United States Code, is amended by inserting after section 319, as added by section 623, the following new section:
``Sec. 320. Incentive pay: career enlisted flyers
``(a) Eligible Career Enlisted Flyer Defined.--In this section, the term `eligible career enlisted flyer' means an enlisted member of the armed forces who--
``(1) is entitled to basic pay under section 204 of this title, or is entitled to pay under section 206 of this title as described in subsection (e) of this section;
``(2) holds an enlisted military occupational specialty or enlisted military rating designated as a career enlisted flyer specialty or rating by the Secretary concerned, performs duty as a dropsonde system operator, or is in training leading to qualification and designation of such a specialty or rating or the performance of such duty;
``(3) is qualified for aviation service under regulations prescribed by the Secretary concerned; and
``(4) satisfies the operational flying duty requirements applicable under subsection (c).
``(b) Incentive Pay Authorized.--(1) The Secretary concerned may pay monthly incentive pay to an eligible career enlisted flyer in an amount not to exceed the monthly maximum amounts specified in subsection (d). The incentive pay may be paid as continuous monthly incentive pay or on a month-to-month basis, dependent upon the operational flying duty performed by the eligible career enlisted flyer as prescribed in subsection (c).
``(2) Continuous monthly incentive pay may not be paid to an eligible career enlisted flyer after the member completes 25 years of aviation service. Thereafter, an eligible career enlisted flyer may still receive incentive pay on a month-to-month basis under subsection (c)(4) for the frequent and regular performance of operational flying duty.
``(c) Operational Flying Duty Requirements.--(1) An eligible career enlisted flyer must perform operational flying duties for 6 of the first 10, 9 of the first 15, and 14 of the first 20 years of aviation service, to be eligible for continuous monthly incentive pay under this section.
``(2) Upon completion of 10, 15, or 20 years of aviation service, an enlisted member who has not performed the minimum required operational flying duties specified in paragraph (1) during the prescribed period, although otherwise meeting the definition in subsection (a), may no longer be paid continuous monthly incentive pay except as provided in paragraph (3). Payment of continuous monthly incentive pay if the member meets the minimum operational flying duty requirement upon completion of the next established period of aviation service.
``(3) For the needs of the service, the Secretary concerned may permit, on a case-by-case basis, a member to continue to receive continuous monthly incentive pay despite the member's failure to perform the operational flying duty required during the first 10, 15, or 20 years of aviation service, but only if the member otherwise meets the definition in subsection (a) and has performed at least 5 years of operational flying duties during the first 10 years of aviation service, 8 years of operational flying duties during the first 15 years of aviation service, or 12 years of operational flying duty during the first 20 years of aviation service. The authority of the Secretary concerned under this paragraph may not be delegated below the level of the Service Personnel Chief.
``(4) If the eligibility of an eligible career enlisted flyer to continuous monthly incentive pay ceases under subsection (b)(2) or paragraph (2), the member may still receive month-to-month incentive pay for subsequent frequent and regular performance of operational flying duty. The rate payable is the same rate authorized by the Secretary concerned under subsection (d) for a member of corresponding years of aviation service.
``(d) Monthly Maximum Incentive Pay.--The monthly rate for incentive pay under this section may not exceed the amounts specified in the following table for the applicable years of aviation service:
Monthly
``Years of aviation service: 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 special pay under section 301(a) or 304 of this title may not be paid incentive pay under this section for the same period of service.
``(g) Save Pay Provision.--If, immediately before a member receives incentive pay under this section, the member was entitled to incentive pay under section 301(a) of this title, the rate at which the member is paid incentive pay under this section shall be equal to the higher of the monthly amount applicable under subsection (d) or the rate of incentive pay the member was receiving under subsection (b) or (c)(2)(A) of section 301 of this title.
``(h) Specialty Code of Dropsonde System Operators.--Within the Air Force, the Secretary of the Air Force shall assign to members who are dropsonde system operators a specialty code that identifies such members as serving in a weather specialty.
``(i) Definitions.--In this section:
``(1) The term `aviation service' means participation in aerial flight performed, under regulations prescribed by the Secretary concerned, by an eligible career enlisted flyer.
``(2) The term `operational flying duty' means flying performed under competent orders while serving in assignments, including an assignment as a dropsonde system operator, in which basic flying skills normally are maintained in the performance of assigned duties as determined by the Secretary concerned, and flying duty performed by members in training that leads to the award of an enlisted aviation rating or military occupational specialty designated as a career enlisted flyer rating or specialty by the Secretary concerned.''.
(b) Clerical Amendment.--The table of sections at the beginning of chapter 5 of title 37, United States Code, is amended by inserting after the item relating to section 319 the following new item:
``320. Incentive pay: career enlisted flyers.''.
SEC. 625. AUTHORIZATION OF JUDGE ADVOCATE CONTINUATION PAY.
(a) Incentive Pay Authorized.--(1) Chapter 5 of title 37, United States Code, is amended by inserting after section 320, as added by section 624, the following new section:
``Sec. 321. Special pay: judge advocate continuation pay
``(a) Eligible Judge Advocate Defined.--In this section, the term `eligible judge advocate' means an officer of the armed forces on full-time active duty who--
``(1) is qualified and serving as a judge advocate, as defined in section 801 of title 10; and
``(2) has completed any service commitment incurred through the officer's original commissioning program.
``(b) Special Pay Authorized.--An eligible judge advocate who executes a written agreement, on or after October 1, 1999, to remain on active duty for a period of obligated service specified in the agreement may, upon the acceptance of the agreement by the Secretary concerned, be paid an amount not to exceed $60,000.
``(c) Proration.--The term of the written agreement under subsection (b) and the amount payable under the agreement may be prorated.
``(d) Payment Methods.--Upon acceptance of the written agreement under subsection (b) by the Secretary concerned, the total amount payable pursuant to the agreement becomes fixed. The Secretary shall prepare an implementation plan specifying the amount of each installment payment under the agreement and the times for payment of the installments.
``(e) Additional Pay.--Any amount paid under this section is in addition to any other pay and allowances to which an officer is entitled.
``(f) Repayment.--(1) If an officer who has entered into a written agreement under subsection (b) and has received all or part of the amount payable under the agreement fails to complete the total period of active duty specified in the agreement, the Secretary concerned may require the officer to repay the United States, to the extent that the Secretary determines conditions and circumstances warrant, any or all sums paid under this section.
``(2) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owned to the United States.
``(3) A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement entered into under subsection (b) does not discharge the officer signing the agreement from a debt arising under such agreement or under paragraph (1).
``(g) Regulations.--The Secretary concerned shall prescribe regulations to carry out this section.''
(2) The table of sections at the beginning of chapter 5 of title 37, United States Code, is amended by inserting after the item relating to section 320 the following new item:
``321. Special pay: judge advocate continuation pay.''.
(b) Study and Report on Additional Recruitment and Retention Initiatives.--(1) The Secretary of Defense shall conduct a study regarding the need for additional incentives to improve the recruitment and retention of judge advocates for the Armed Forces. At a minimum, the Secretary shall consider as possible incentives constructive service credit for basic pay, educational loan repayment, and Federal student loan relief.
(2) Not later than March 31, 2000, the Secretary shall submit to Congress a report containing the findings and recommendations resulting from the study.
Subtitle C--Travel and Transportation Allowances
SEC. 631. PROVISION OF LODGING IN KIND FOR RESERVISTS
PERFORMING TRAINING DUTY AND NOT OTHERWISE
ENTITLED TO TRAVEL AND TRANSPORTATION
ALLOWANCES.
Section 404(i) of title 37, United States Code, is amended--
(1) in paragraph (1), by adding at the end the following new sentence: ``If transient government housing is unavailable, the Secretary concerned may provide the member with lodging in kind in the same manner as members entitled to such allowances under subsection (a).''; and
(2) in paragraph (3)--
(A) by inserting after ``paragraph (1)'' the following:
``and expenses of providing lodging in kind under such paragraph''; and
(B) by adding at the end the following new sentence: ``Use of Government charge cards is authorized for payment of these expenses.''.
SEC. 632. PAYMENT OF TEMPORARY LODGING EXPENSES FOR MEMBERS
MAKING THEIR FIRST PERMANENT CHANGE OF STATION.
(a) Authority to Pay or Reimburse.--Section 404a(a) of title 37, United States Code, is amended
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by inserting ``or'' after the semicolon; and
(3) by inserting after paragraph (2) the following new paragraph:
``(3) in the case of an enlisted member who is reporting to the member's first permanent duty station, from the member's home of record or initial technical school to that first permanent duty station;''.
(b) Duration.--Such section is further amended--
(1) in the second sentence, by striking ``clause (1)'' and inserting ``paragraph (1) or (3)''; and
(2) in the third sentence, by striking ``clause (2)'' and inserting ``paragraph (2)''.
SEC. 633. EMERGENCY LEAVE TRAVEL COST LIMITATIONS.
Section 411d(b)(1) of title 37, United States Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) by redesignating subparagraph (B) as subparagraph (C); and
(3) by inserting after subparagraph (A) the following new subparagraph:
``(B) to any airport in the continental United States to which travel can be arranged at the same or a lower cost as travel obtained under subparagraph (A); or''.
Subtitle D--Retired Pay Reform
SEC. 641. REDUX RETIRED PAY SYSTEM APPLICABLE ONLY TO MEMBERS
ELECTING NEW 15-YEAR CAREER STATUS BONUS.
(a) Retired Pay Multiplier.--Paragraph (2) of section 1409(b) of title 10, United States Code, is amended by inserting ``has elected to receive a bonus under section 321 of title 37,'' after ``July 31, 1986,''.
(b) Cost-of-Living Adjustments.--Paragraph (3) of section 1401a(b) of such title is amended to read as follows:
``(3) Post-august 1, 1986 members.--
``(A) Members electing 15-year career status bonus.--In the case of a member or former member who first became a member on or after August 1, 1986, and who elected to receive a bonus under section 321 of title 37, the Secretary shall increase the retired pay of the member or former member
(unless the percent determined under paragraph (2) is less than 1 percent) by the difference between--
``(i) the percent determined under paragraph (2); and
``(ii) 1 percent.
``(B) Members not electing 15-year career status bonus.--In the case of a member or former member who first became a member on or after August 1, 1986, and who did not elect to receive a bonus under section 321 of title 37, the Secretary shall increase the retired pay of the member or former member--
``(i) if the percent determined under paragraph (2) is equal to or greater than 3 percent, by the difference between--
``(I) the percent determined under paragraph (2); and
``(II) 1 percent; and
``(ii) if the percent determined under paragraph (2) is less than 3 percent, by the lesser of--
``(I) the percent determined under paragraph (2); or
``(II) 2 percent.''.
(c) Recomputation of Retired Pay At Age 62.--Section 1410 of such title is amended--
(1) by inserting ``(a) In General.--'' before ``In the case of'';
(2) by inserting after ``62 years of age,'' the following:
``in accordance with subsection (b) or (c), as applicable.
``(b) Members Receiving Career Status Bonus.--In the case of a member or former member described in subsection (a) who received a bonus under section 321 of title 37, the retired pay of the member or former member shall be recomputed under subsection (a)'';
(3) by striking ``that date'' and inserting ``the effective date of the recomputation''; and
(4) by adding at the end the following:
``(c) Members Not Receiving Career Status Bonus.--In the case of a member or former member described in subsection (a) who did not receive a bonus under section 321 of title 37, the retired pay of the member or former member shall be recomputed under subsection (a) so as to be the amount equal to the amount of retired pay to which the member or former member would be entitled on the effective date of the recomputation if increases in the retired pay of the member or former member under section 1401a(b) of this title had been computed as provided in paragraph (2) of that section
(rather than under paragraph (3)(B) of that section).''.
SEC. 642. AUTHORIZATION OF 15-YEAR CAREER STATUS BONUS.
(a) Career Service Bonus.--Chapter 5 of title 37, United States Code, is amended by inserting after section 321, as added by section 625, the following new section:
``Sec. 322. Special pay: 15-year career status bonus for members entering service on or after August 1, 1986
``(a) Eligible Career Bonus Member Defined.--In this section, the term `eligible career bonus member' means a member of a uniformed service serving on active duty who--
``(1) first became a member on or after August 1, 1986; and
``(2) has completed 15 years of active duty in the uniformed services (or has received notification under subsection (e) that the member is about to complete that duty).
``(b) Availability of Bonus.--The Secretary concerned shall pay a bonus under this section to an eligible career bonus member if the member--
``(1) elects to receive the bonus under this section; and
``(2) executes a written agreement (prescribed by the Secretary concerned) to remain continuously on active duty until the member has completed 20 years of active-duty service creditable under section 1405 of title 10, if the member is not already obligated to remain on active duty for a period that would result in at least 20 years of active-duty service.
``(c) Election Method.--The election under subsection
(b)(1) shall be made in such form and within such period as the Secretary concerned may prescribe. An election under such subsection is irrevocable.
``(d) Amount of Bonus; Payment.--(1) A bonus under this section shall be paid in one lump sum of $30,000.
``(2) The bonus shall be paid to an eligible career bonus member not later than the first month that begins on or after the date that is 60 days after the date on which the Secretary concerned receives from the member the election required under subsection (b)(1) and the written agreement required under subsection (b)(2), if applicable.
``(e) Notification of Eligibility.--(1) The Secretary concerned shall transmit to each member who satisfies the definition of eligible career bonus member a written notification of the opportunity of the member to elect to receive a bonus under this section. The Secretary shall provide the notification not later than 180 days before the date on which the member will complete 15 years of active duty.
``(2) The notification shall include the following:
``(A) The procedures for electing to receive the bonus.
``(B) An explanation of the effects under sections 1401a, 1409, and 1410 of title 10 that such an election has on the computation of any retired or retainer pay that the member may become eligible to receive.
``(f) Repayment of Bonus.--(1) If a person paid a bonus under this section fails to complete the total period of active duty specified in subsection (b)(2), the person shall refund to the United States the amount that bears the same ratio to the amount of the bonus payment as the unserved part of that total period bears to the total period.
``(2) Subject to paragraph (3), an obligation to reimburse the United States imposed under paragraph (1) is for all purposes a debt owed to the United States.
``(3) The Secretary concerned may waive, in whole or in part, a refund required under paragraph (1) if the Secretary concerned determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States.
``(4) A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement under this section does not discharge the member signing such agreement from a debt arising under the agreement or this subsection.''.
(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 321 the following new item:
``322. Special pay: 15-year career status bonus for members entering service on or after August 1, 1986.''.
SEC. 643. CONFORMING AMENDMENTS.
(a) Conforming Amendment to Survivor Benefit Plan Provision.--Section 1451(h)(3) of title 10, United States Code, is amended by inserting ``of certain members'' after
``retirement''.
(b) Related Technical Amendments.--Chapter 71 of such title is amended as follows:
(1) Section 1401a(b) is amended by striking the heading for paragraph (1) and inserting ``Increase required.--''.
(2) Section 1409(b)(2) is amended by inserting ``certain'' in the paragraph heading after ``Reduction applicable to''.
SEC. 644. EFFECTIVE DATE.
The amendments made by sections 641, 642, and 643 shall take effect on October 1, 1999.
Subtitle E--Other Retired Pay and Survivor Benefit Matters
SEC. 651. EFFECTIVE DATE OF DISABILITY RETIREMENT FOR MEMBERS
DYING IN CIVILIAN MEDICAL FACILITIES.
(a) In General.--(1) Chapter 61 of title 10, United States Code, is amended by inserting after section 1219 the following new section:
``Sec. 1220. Members dying in civilian medical facilities: authority for determination of later time of death to allow disability retirement
``(a) Authority for Later Time-of-Death Determination To Allow Disability Retirement.--In the case of a member of the armed forces who dies in a civilian medical facility in a State, the Secretary concerned may, solely for the purpose of allowing retirement of the member under section 1201 or 1204 of this title and subject to subsection (b), specify a date and time of death of the member later than the date and time of death determined by the attending physician in that civilian medical facility.
``(b) Limitations.--A date and time of death may be determined by the Secretary concerned under subsection (a) only if that date and time--
``(1) are consistent with the date and time of death that reasonably could have been determined by an attending physician in a military medical facility if the member had died in a military medical facility in the same State as the civilian medical facility; and
``(2) are not more than 48 hours later than the date and time of death determined by the attending physician in the civilian medical facility.
``(c) State Defined.--In this section, the term `State' includes the District of Columbia and any Commonwealth or possession of the United States.''.
(2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1219 the following new item:
``1220. Members dying in civilian medical facilities: authority for determination of later time of death to allow disability retirement.''.
(b) Effective Date.--(1) Section 1220 of title 10, United States Code, as added by subsection (a), shall apply with respect to any member of the Armed Forces dying in a civilian medical facility on or after January 1, 1998.
(2) In the case of any such member dying on or after such date and before the date of the enactment of this Act, any specification by the Secretary concerned under such section with respect to the date and time of death of such member shall be made not later than 180 days after the date of the enactment of this Act.
SEC. 652. EXTENSION OF ANNUITY ELIGIBILITY FOR SURVIVING
SPOUSES OF CERTAIN RETIREMENT ELIGIBLE RESERVE
MEMBERS.
(a) Coverage of Surviving Spouses of All Gray Area Retirees.--Section 644(a)(1)(B) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1800) is amended by striking ``during the period beginning on September 21, 1972, and ending on'' and inserting ``before''.
(b) Effective Date.--The amendment made by subsection (a) shall apply with respect to annuities payable for months beginning after September 30, 1999.
SEC. 653. PRESENTATION OF UNITED STATES FLAG TO RETIRING
MEMBERS OF THE UNIFORMED SERVICES NOT
PREVIOUSLY COVERED.
(a) Nonregular Service Military Retirees.--(1) Chapter 1217 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 12605. Presentation of United States flag: members transferred from an active status or discharged after completion of eligibility for retired pay
``(a) Presentation of Flag.--Upon the transfer from an active status or discharge of a Reserve who has completed the years of service required for eligibility for retired pay under chapter 1223 of this title, the Secretary concerned shall present a United States flag to the member.
``(b) Multiple Presentations Not Authorized.--A member is not eligible for presentation of a flag under subsection (a) if the member has previously been presented a flag under this section or any provision of law providing for the presentation of a United States flag incident to release from active service for retirement.
``(c) No Cost to Recipient.--The presentation of a flag under this section shall be at no cost to the recipient.''.
(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
``12605. Presentation of United States flag: members transferred from an active status or discharged after completion of eligibility for retired pay.''.
(b) Public Health Service.--Title II of the Public Health Service Act is amended by inserting after section 212 (42 U.S.C. 213) the following new section:
``presentation of united states flag upon retirement
``Sec. 213. (a) Upon the release of an officer of the commissioned corps of the Service from active commissioned service for retirement, the Secretary of Health and Human Services shall present a United States flag to the officer.
``(b) Multiple Presentations Not Authorized.--An officer is not eligible for presentation of a flag under subsection (a) if the officer has previously been presented a flag under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement.
``(c) No Cost to Recipient.--The presentation of a flag under this section shall be at no cost to the recipient.''.
(c) National Oceanic and Atmospheric Administration.--The Coast and Geodetic Survey Commissioned Officers' Act of 1948 is amended by inserting after section 24 (33 U.S.C. 853u) the following new section:
``Sec. 25. (a) Upon the release of a commissioned officer from active commissioned service for retirement, the Secretary of Commerce shall present a United States flag to the officer.
``(b) Multiple Presentations Not Authorized.--An officer is not eligible for presentation of a flag under subsection (a) if the officer has previously been presented a flag under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement.
``(c) No Cost to Recipient.--The presentation of a flag under this section shall be at no cost to the recipient.''.
(d) Effective Date.--Section 12605 of title 10, United States Code (as added by subsection (a)), section 413 of the Public Health Service Act (as added by subsection (b)), and section 25 of the Coast and Geodetic Survey Commissioned Officers' Act of 1948 (as added by subsection (c)) shall apply with respect to releases from service described in those sections on or after October 1, 1999.
(e) Conforming Amendments to Prior Law.--Sections 3681(b), 6141(b), and 8681(b) of title 10, United States Code, and section 516(b) of title 14, United States Code, are each amended by striking ``under this section'' and all that follows through the period and inserting ``under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement.''.
SEC. 654. ACCRUAL FUNDING FOR RETIREMENT SYSTEM FOR
COMMISSIONED CORPS OF NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION.
(a) Inclusion of NOAA Officers in DOD Military Retirement Fund.--Section 1461 of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``and the Department of Commerce'' after ``Department of Defense'';
(2) in subsection (b)--
(A) by inserting ``and the Coast and Geodetic Survey Commissioned Officers' Act of 1948 (33 U.S.C. 853a et seq.)'' in paragraph (1) after ``this title'';
(B) by striking ``and'' at the end of paragraph (2);
(C) by striking the period at the end of paragraph (3) and inserting ``; and''; and
(D) by adding at the end the following new paragraph:
``(4) the programs under the jurisdiction of the Department of Commerce providing annuities for survivors of members and former members of the NOAA Corps.''; and
(3) by adding at the end the following new subsection:
``(c) In this chapter, the term `NOAA Corps' means the National Oceanic and Atmospheric Administration Commissioned Corps and its predecessors.''.
(b) Payments From the Fund.--Section 1463(a) of such title is amended--
(1) in paragraph (1), by striking ``and Marine Corps'' and inserting ``Marine Corps, and the NOAA Corps''; and
(2) in paragraph (4)--
(A) by inserting ``and the Department of Commerce'' after
``Department of Defense''; and
(B) by striking ``armed forces'' and inserting ``uniformed services''.
(c) Reports by Board of Actuaries.--Section 1464(b) of such title is amended by inserting ``and the Secretary of Commerce with respect to the NOAA Corps'' after ``Secretary of Defense''.
(d) Department of Commerce Contributions to the Fund.--Section 1465 of such title is amended as follows:
(1) Subsection (a) is amended--
(A) by inserting ``(1)'' after ``(a)''; and
(B) by adding at the end the following new paragraph:
``(2) Not later than January 1, 2000, the Secretary of Commerce shall provide to the Board the amount that is the present value (as of October 1, 1999) of future benefits payable from the Fund that are attributable to service in the NOAA Corps performed before October 1, 1999. That amount is the NOAA Corps original unfunded liability of the Fund. The Board shall determine the period of time over which that unfunded liability should be liquidated and shall determine an amortization schedule for the liquidation of such liability over that period. Contributions to the Fund for the liquidation of the original unfunded liability in accordance with that schedule shall be made as provided in section 1466(b) of this title.''.
(2) Subsection (b) is amended--
(A) in paragraph (1)--
(i) by inserting ``and the Secretary of Commerce'' after
``Secretary of Defense'' in the matter preceding subparagraph
(A);
(ii) by inserting ``and the Department of Commerce contributions with respect to the NOAA Corps'' after
``Department of Defense contributions'' in the matter preceding subparagraph (A); and
(iii) by adding at the end the following new subparagraph:
``(C) The product of--
``(i) the current estimate of the value of the single level percentage of basic pay to be determined under subsection
(c)(1)(C) at the time of the next actuarial valuation under subsection (c); and
``(ii) the total amount of basic pay expected to be paid during that fiscal year to members of the NOAA Corps.''; and
(B) in paragraph (2)--
(i) by inserting ``and the Department of Commerce'' after
``Department of Defense''; and
(ii) by inserting ``and shall include separate amounts for the Department of Defense and the Department of Commerce'' after ``section 1105 of title 31''.
(3) Subsection (c)(1) is amended--
(A) by inserting ``and the Secretary of Commerce with respect to the NOAA Corps'' in the first sentence after
``Secretary of Defense'';
(B) by striking ``and'' at the end of subparagraph (A);
(C) by striking the period at the end of subparagraph (B) and inserting ``; and''; and
(D) by inserting after subparagraph (B) the following new subparagraph:
``(C) a determination (using the aggregate entry-age normal cost method) of a single level percentage of basic pay for members of the NOAA Corps.''.
(e) Payments Into the Fund.--Section 1466 of such title is amended--
(1) in subsection (a)--
(A) by inserting ``and the Secretary of Commerce with respect to the NOAA Corps'' after ``Secretary of Defense'';
(B) by striking ``Department of Defense'' after ``each month as the'';
(C) by inserting ``and 1465(c)(1)(C)'' in paragraph (1)(A) after ``section 1465(c)(1)(A)'';
(D) by inserting ``and by members of the NOAA Corps'' in paragraph (1)(B) before the period; and
(E) by inserting ``or members of the NOAA Corps'' before the period at the end of the last sentence of that subsection;
(2) in subsection (b)(2), by inserting ``and the NOAA original unfunded liability'' after ``original unfunded liability''; and
(3) by adding at the end the following new subsection:
``(c)(1) The Secretary of Transportation shall process, on behalf of the Fund, payments under section 1463 of this title to members on the retired list of the NOAA Corps and to survivors of members and former members of the NOAA Corps.
``(2) Payments made by the Secretary of Transportation under paragraph (1) shall be charged against the Fund.''.
(f) Effective Date.--The amendments made by this section shall take effect on October 1, 1999.
Subtitle F--Other Matters
SEC. 671. PAYMENTS FOR UNUSED ACCRUED LEAVE AS PART OF
REENLISTMENT.
Section 501 of title 37, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``conditions or'' and inserting
``conditions,''; and
(B) by adding before the semicolon the following: ``, or a reenlistment of the member (regardless of when the reenlistment occurs)''; and
(2) in subsection (b)(2), by striking ``, or entering into an enlistment,''.
SEC. 672. CLARIFICATION OF PER DIEM ELIGIBILITY FOR MILITARY
TECHNICIANS SERVING ON ACTIVE DUTY WITHOUT PAY
OUTSIDE THE UNITED STATES.
(a) Authority to Provide Per Diem Allowance.--Section 1002(b) of title 37, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2) If a military technician (dual status), as described in section 10216 of title 10, is performing active duty without pay while on leave from technician employment, as authorized by section 6323(d) of title 5, the Secretary concerned may authorize the payment of a per diem allowance to the military technician in lieu of commutation for subsistence and quarters under paragraph (1).''.
(b) Types of Overseas Operations.--Section 6323(d)(1) of title 5, United States Code, is amended by striking
``noncombat''.
(c) Effective Date.--The amendment made by subsection (a) shall be effective as of February 10, 1996, as if included in section 1039 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.432).
SEC. 673. OVERSEAS SPECIAL SUPPLEMENTAL FOOD PROGRAM.
(a) Program Required.--Subsection (a) of section 1060a of title 10, United States Code, is amended by striking
``Authority.--The Secretary of Defense may'' and inserting
``Program Required.--The Secretary of Defense shall''.
(b) Funding Source.--Subsection (b) of such section is amended to read as follows:
``(b) Funding Mechanism.--The Secretary of Defense shall use funds available for the Department of Defense to carry out the program under subsection (a).''.
(c) Program Administration.--Subsection (c) of such section is amended--
(1) by striking paragraph (1)(B) and inserting the following:
``(B) In determining income eligibility standards for families of individuals participating in the program under this section, the Secretary of Defense shall, to the extent practicable, use the criterion described in subparagraph (A). The Secretary shall also consider the value of housing in kind provided to the individual when determining program eligibility.'';
(2) in paragraph (2), by adding before the period at the end the following: ``, particularly with respect to nutrition education and counseling''; and
(3) by adding at the end the following new paragraph:
``(3) The Secretary of Agriculture shall provide technical assistance to the Secretary of Defense, if so requested by the Secretary of Defense, for the purpose of carrying out the program under subsection (a).''.
(d) Conforming Amendment.--Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended by adding at the end the following new subsection:
``(q) The Secretary of Agriculture shall provide technical assistance to the Secretary of Defense, if so requested by the Secretary of Defense, for the purpose of carrying out the overseas special supplemental food program established under section 1060a(a) of title 10, United States Code.''.
SEC. 674. SPECIAL COMPENSATION FOR SEVERELY DISABLED
UNIFORMED SERVICES RETIREES.
(a) Authority.--(1) Chapter 71 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 1413. Special compensation for certain severely disabled uniformed services retirees
``(a) Authority.--The Secretary concerned shall, subject to the availability of appropriations for such purpose, pay to each eligible disabled uniformed services retiree a monthly amount determined under subsection (b).
``(b) Amount.--The amount to be paid (subject to the availability of appropriations) to an eligible disabled uniformed services retiree in accordance with subsection (a) is the following:
``(1) For any month for which the retiree has a qualifying service-connected disability rated as total, $300.
``(2) For any month for which the retiree has a qualifying service-connected disability rated as 90 percent, $200.
``(3) For any month for which the retiree has a qualifying service-connected disability rated as 80 percent or 70 percent, $100.
``(c) Eligible Disabled Uniformed Services Retiree Defined.--In this section, the term `eligible disabled military retiree' means a member of the uniformed services in a retired status (who is retired under a provision of law other than chapter 61 of this title) who--
``(1) completed at least 20 years of service in the uniformed services that are creditable for purposes of computing the amount of retired pay to which the member is entitled; and
``(2) has a qualifying service-connected disability.
``(d) Qualifying Service-Connected Disability Defined.--In this section, the term `qualifying service-connected disability' means a service-connected disability that--
``(1) was incurred or aggravated in the performance of duty as a member of a uniformed service, as determined by the Secretary concerned; and
``(2) is rated as not less than 70 percent disabling--
``(A) by the Secretary concerned as of the date on which the member is retired from the uniformed services; or
``(B) by the Secretary of Veterans Affairs within four years following the date on which the member is retired from the uniformed services.
``(e) Status of Payments.--Payments under this section are not retired pay.
``(f) Source of Funds.--(1) Payments under this section for any fiscal year shall be paid out of funds appropriated for pay and allowances payable by the Secretary concerned for that fiscal year.
``(2) If the amount of funds available to the Secretary concerned for any fiscal year for payments under this section is less than the amount required to make such payments to all eligible disabled uniformed services retirees for that year, the Secretary shall make such payments first to retirees described in paragraph (1) of subsection (b), then (to the extent funds are available) to retirees described in paragraph (2) of that subsection, and then (to the extent funds are available) to retirees described in paragraph (3) of that subsection.
``(g) Other Definitions.--In this section:
``(1) The terms `compensation' and `service-connected' have the meanings given those terms in section 101 of title 38.
``(2) The term `disability rated as total' means--
``(A) a disability that is rated as total under the standard schedule of rating disabilities in use by the Department of Veterans Affairs; or
``(B) a disability for which the schedular rating is less than total but for which a rating of total is assigned by reason of inability of the disabled person concerned to secure or follow a substantially gainful occupation as a result of service-connected disabilities.
``(3) The term `retired pay' includes retainer pay, emergency officers' retirement pay, and naval pension.''.
(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
``1413. Special compensation for certain severely disabled uniformed services retirees.''.
(b) Effective Date.--Section 1413 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 1999, and shall apply to months that begin on or after that date. No benefit may be paid to any person by reason of that section for any period before that date.
SEC. 675. TUITION ASSISTANCE FOR MEMBERS DEPLOYED IN A ----
CONTINGENCY OPERATION.
Section 2007(a) of title 10, United States Code, is amended--
(1) in paragraph (2), by striking ``and'';
(2) in paragraph (3), by striking the period at the end and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) in the case of a member serving in a contingency operation or similar operational mission (other than for training) designated by the Secretary concerned, all of the charges may be paid.''.
TITLE VII--HEALTH CARE MATTERS
Subtitle A--Health Care Services
SEC. 701. PROVISION OF HEALTH CARE TO MEMBERS ON ACTIVE DUTY
AT CERTAIN REMOTE LOCATIONS.
(a) In General.--The Secretary of Defense shall enter into agreements with designated providers under which such providers will provide health care services in or through managed care plans to an eligible member of the Armed Forces who resides within the service area of the designated provider. The provisions in section 722(b)(2) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 1073 note) shall apply with respect to such agreements.
(b) Adherence to TRICARE Prime Remote Program Policies.--A designated provider who provides health care to an eligible member described in subsection (a) shall, in providing such care, adhere to policies of the Department of Defense with respect to the TRICARE Prime Remote program, including policies regarding coordination with appropriate military medical authorities for specialty referrals and hospitalization.
(c) Reimbursement Rates.--The Secretary shall negotiate with each designated provider reimbursement rates that do not exceed reimbursement rates allowable under TRICARE Standard.
(d) Definitions.--In this section:
(1) The term ``eligible member'' has the meaning given that term in section 731(c) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. 1074 note).
(1) The term ``designated provider'' has the meaning given that term in section 721(5) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 1073 note).
SEC. 702. PROVISION OF CHIROPRACTIC HEALTH CARE.
(a) In General.--Section 731 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 1092 note) is amended--
(1) in the heading, by striking ``demonstration program'';
(2) in subsection (a), by adding at the end the following new paragraph:
``(4) During fiscal year 2000, the Secretary shall continue to furnish the same chiropractic care in the military medical treatment facilities designated pursuant to paragraph (2)(A) as the chiropractic care furnished during the demonstration program.'';
(3) in subsection (c)--
(A) in paragraph (3), by striking ``Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives'' and inserting ``Committees on Armed Services of the Senate and the House of Representatives''; and
(B) in paragraph (5), by striking ``May 1, 2000'' and inserting ``January 31, 2000'';
(4) in subsection (d)--
(A) in paragraph (3)--
(i) by striking ``; and'' at the end of subparagraph (C) and inserting a semicolon;
(ii) by striking the period at the end of subparagraph (D) and inserting ``; and''; and
(iii) by adding at the end the following new subparagraph:
``(E) if the Secretary submits an implementation plan pursuant to subsection (e), the preparation of such plan.''; and
(B) by adding at the end the following new paragraph:
``(5) The Secretary shall--
``(A) make full use of the oversight advisory committee in preparing--
``(i) the final report on the demonstration program conducted under this section; and
``(ii) the implementation plan described in subsection (e); and
``(B) provide opportunities for members of the committee to provide views as part of such final report and plan.'';
(5) by redesignating subsection (e) as subsection (f); and
(6) by inserting after subsection (d) the following new subsection:
``(e) Implementation Plan.--If the Secretary of Defense recommends in the final report submitted under subsection (c) that chiropractic health care services should be offered in medical care facilities of the Armed Forces or as a health care service covered under the TRICARE program, the Secretary shall, not later than March 31, 2000, submit to the Committees on Armed Services of the House of Representatives and the Senate an implementation plan for the full integration of chiropractic health care services into the military health care system of the Department of Defense, including the TRICARE program. Such implementation plan shall include--
``(1) a detailed analysis of the projected costs of fully integrating chiropractic health care services into the military health care system;
``(2) the proposed scope of practice for chiropractors who would provide services to covered beneficiaries under chapter 55 of title 10, United States Code;
``(3) the proposed military medical treatment facilities at which such services would be provided;
``(4) the military readiness requirements for chiropractors who would provide services to such covered beneficiaries; and
``(5) any other relevant factors that the Secretary considers appropriate.''.
(b) Conforming Amendment.--The item relating to section 731 in the table of contents at the beginning of such Act is amended to read as follows:
``731. Chiropractic health care.''
SEC. 703. CONTINUATION OF PROVISION OF DOMICILIARY AND
CUSTODIAL CARE FOR CERTAIN CHAMPUS
BENEFICIARIES.
(a) Continuation of Care.--(1) The Secretary of Defense may, in any case in which the Secretary makes the determination described in paragraph (2), continue to provide payment under the Civilian Health and Medical Program of the Uniformed Services (as defined in section 1072 of title 10, United States Code), for domiciliary or custodial care services provided to an eligible beneficiary that would otherwise be excluded from coverage under regulations implementing section 1077(b)(1) of such title.
(2) A determination under this paragraph is a determination that discontinuation of payment for domiciliary or custodial care services or transition to provision of care under the individual case management program authorized by section 1079(a)(17) of such title would be--
(A) inadequate to meet the needs of the eligible beneficiary; and
(B) unjust to such beneficiary.
(b) Eligible Beneficiary Defined.--As used in this section, the term ``eligible beneficiary'' means a covered beneficiary
(as that term is defined in section 1072 of title 10, United States Code) who, before the effective date of final regulations to implement the individual case management program authorized by section 1079(a)(17) of such title, were provided domiciliary or custodial care services for which the Secretary provided payment.
SEC. 704. REMOVAL OF RESTRICTION ON USE OF FUNDS FOR
ABORTIONS IN CERTAIN CASES OF RAPE OR INCEST.
Section 1093(a) of title 10, United States Code, is amended by inserting ``or in a case in which the pregnancy is the result of an act of forcible rape or incest which has been reported to a law enforcement agency'' before the period.
Subtitle B--TRICARE Program
SEC. 711. IMPROVEMENTS TO CLAIMS PROCESSING UNDER THE TRICARE
PROGRAM.
(a) In General.--(1) Chapter 55 of title 10, United States Code, is amended by inserting after section 1095b the following new section:
``Sec. 1095c. TRICARE program: facilitation of processing of claims
``(a) Reduction of Processing Time.--(1) With respect to claims for payment for medical care provided under the TRICARE program, the Secretary of Defense shall implement a system for processing of claims under which--
``(A) 95 percent of all mistake-free claims must be processed not later than 30 days after the date that such claims are submitted to the claims processor; and
``(B) 100 percent of all mistake-free claims must be processed not later than 100 days after the date that such claims are submitted to the claims processor.
``(2) The Secretary may, under the system required by paragraph (1) and consistent with the provisions in chapter 39 of title 31, United States Code (commonly referred to as the `Prompt Payment Act'), require that interest be paid on claims that are not processed within 30 days.
``(b) Requirement to Provide Start-up Time For Certain Contractors.--(1) The Secretary of Defense shall not require that a contractor described in paragraph (2) begin to provide managed care support pursuant to a contract to provide such support under the TRICARE program until at least nine months after the date of the award of the contract. In such case the contractor may begin to provide managed care support pursuant to the contract as soon as practicable after the award of the contract, but in no case later than one year after the date of such award.
``(2) A contractor under this paragraph is a contractor who is awarded a contract to provide managed care support under the TRICARE program--
``(A) who has not previously been awarded such a contract by the Department of Defense; or
``(B) who has previously been awarded such a contract by the Department of Defense but for whom the subcontractors have not previously been awarded the subcontracts for such a contract.''.
(2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1095b the following new item:
``1095c. TRICARE program: facilitation of processing of claims.''.
(b) Report.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on--
(1) the status of claims processing backlogs in each TRICARE region;
(2) the estimated time frame for resolution of such backlogs;
(3) efforts to reduce the number of change orders with respect to contracts to provide managed care support under the TRICARE program and to make such change orders in groups on a quarterly basis rather than one at a time;
(4) the extent of success in simplifying claims processing procedures through reduction of reliance of the Department of Defense on, and the complexity of, the health care service record;
(5) application of best industry practices with respect to claims processing, including electronic claims processing; and
(6) any other initiatives of the Department of Defense to improve claims processing procedures.
(c) Deadline For Implementation.--The system for processing claims required under section 1095c(a) of title 10, United States Code (as added by subsection (a)), shall be implemented not later than 6 months after the date of the enactment of this Act.
(d) Applicability.--Section 1095c(b) of title 10, United States Code (as added by subsection (a)), shall apply with respect to any contract to provide managed care support under the TRICARE program negotiated after the date of the enactment of this Act.
SEC. 712. AUTHORITY TO WAIVE CERTAIN TRICARE DEDUCTIBLES.
(a) In General.--(1) Chapter 55 of title 10, United States Code, is amended by inserting after section 1095c (as added by section 711) the following new section:
``Sec. 1095d. TRICARE program: waiver of certain deductibles
``(a) Waiver Authorized.--The Secretary of Defense may waive the deductible payable for medical care provided under the TRICARE program to an eligible dependent of--
``(1) a member of a reserve component on active duty pursuant to a call or order to active duty for a period of less than one year; or
``(2) a member of the National Guard on full-time National Guard duty pursuant to a call or order to full-time National Guard duty for a period of less than one year.
``(b) Eligible Dependent.--As used in this section, the term `eligible dependent' means a dependent described subparagraphs (A), (D), or (I) of section 1072(2) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1095c the following new item:
``1095d. TRICARE: program waiver of certain deductibles.''.
Subtitle C--Other Matters
SEC. 721. PHARMACY BENEFITS PROGRAM.
(a) In General.--(1) Chapter 55 of title 10, United States Code, is amended by inserting after section 1074f the following new section:
``Sec. 1074g. Pharmacy benefits program
``(a) Pharmacy Benefits.--(1) The Secretary of Defense, after consultation with the other administering Secretaries, shall establish an effective, efficient, integrated pharmacy benefits program under this chapter (hereinafter in this section referred to as the `pharmacy benefits program').
``(2)(A) The pharmacy benefits program shall include a uniform formulary of pharmaceutical agents, which shall assure the availability of pharmaceutical agents in a complete range of therapeutic classes. The selection for inclusion on the uniform formulary of particular pharmaceutical agents in each therapeutic class shall be based on the relative clinical and cost effectiveness of the agents in such class.
``(B) The Secretary shall establish procedures for the selection of particular pharmaceutical agents for the uniform formulary, and shall begin to implement the uniform formulary not later than October 1, 2000.
``(C) Pharmaceutical agents included on the uniform formulary shall be available to eligible covered beneficiaries through--
``(i) facilities of the uniformed services, consistent with the scope of health care services offered in such facilities;
``(ii) retail pharmacies designated or eligible under the TRICARE program or the Civilian Health and Medical Program of the Uniformed Services to provide pharmaceutical agents to eligible covered beneficiaries; or
``(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, if 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 categories of pharmaceutical agents to assure that the use of such agents is clinically appropriate. Such categories shall be the following:
``(A) High-cost injectable agents.
``(B) High-cost biotechnology agents.
``(C) Pharmaceutical agents with high potential for inappropriate use.
``(D) Pharmaceutical agents otherwise determined by the Secretary to require prior authorization.
``(5)(A) The pharmacy benefits program shall include procedures for eligible covered beneficiaries to receive pharmaceutical agents not included on the uniform formulary. 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.
``(B) If the Secretary determines that there is not a clinical justification for the use of a pharmaceutical agent that is not on the uniform formulary under the procedures established pursuant to subparagraph (A), such pharmaceutical agent shall be available through at least one of the means described in paragraph (2)(C) 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 of Defense shall, after consultation with the other administering Secretaries, promulgate regulations to carry out this subsection.
``(7) Nothing in this subsection shall be construed as authorizing a contractor to penalize an eligible covered beneficiary with respect to, or decline coverage for, a maintenance pharmaceutical that is not on the list of preferred pharmaceuticals of the contractor 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 pharmaceutical 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.
``(2) Not later than 90 days after the establishment of the pharmaceutical and therapeutics committee by the Secretary, the committee shall submit a proposed uniform formulary to the Secretary .
``(c) Advisory Panel.--(1) Concurrent with the establishment of the pharmaceutical 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.--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.
``(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 network retail pharmacy program, and the national mail order pharmacy program.
``(f) Definition of Eligible Covered Beneficiary.--As used in this section, the term `eligible covered beneficiary' means a covered beneficiary for whom eligibility to receive pharmacy benefits through the means described in subsection
(a)(2)(C) is established under this chapter or another provision of law.''.
(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.--The Secretary shall establish the pharmaceutical and therapeutics committee required under section 1074g(b) of title 10, United States Code, not later than 30 days after the date of enactment of this Act.
(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. 722. IMPROVEMENTS TO THIRD-PARTY PAYER COLLECTION
PROGRAM.
Section 1095 of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``the reasonable costs of'' and inserting
``reasonable charges for'';
(B) by striking ``such costs'' and inserting ``such charges''; and
(C) by striking ``the reasonable cost of'' and inserting
``a reasonable charge for'';
(2) by amending subsection (f) to read as follows:
``(f) The Secretary of Defense, in consultation with the other administering Secretaries, shall prescribe regulations for the administration of this section. Such regulations shall provide for the computation of reasonable charges for inpatient services, outpatient services, and other health care services. Computation of such reasonable charges may be based on--
``(1) per diem rates;
``(2) all-inclusive per visit rates;
``(3) diagnosis-related groups;
``(4) rates prescribed under the regulations prescribed to implement sections 1079 and 1086 of this title; or
``(5) such other method as may be appropriate.'';
(3) in subsection (g), by striking ``the costs of''; and
(4) 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.''.
SEC. 723. AUTHORITY OF ARMED FORCES MEDICAL EXAMINER TO
CONDUCT FORENSIC PATHOLOGY INVESTIGATIONS.
(a) In General.--Chapter 3 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 130b. Authority of armed forces medical examiner to conduct forensic pathology investigations
``(a) In General.--The Armed Forces Medical Examiner may conduct a forensic pathology investigation, including an autopsy, to determine the cause or manner of death of an individual in any case in which--
``(1) the individual was killed, or from any cause died an unnatural death;
``(2) the cause or manner of death is unknown;
``(3) there is reasonable suspicion that the death was by unlawful means;
``(4) the death appears to be from an infectious disease or the result of the effects of a hazardous material that may have an adverse effect on the installation or community in which the individual died or was found dead; or
``(5) the identity of the deceased individual is unknown.
``(b) Limitations on Authority.--(1) The authority provided under subsection (a) may only be exercised with respect to an individual in a case in which--
``(A) the individual died or is found dead at an installation garrisoned by units of the armed forces and under the exclusive jurisdiction of the United States;
``(B) the individual was, at the time of death, a member of the armed forces on active duty or inactive duty for training or a member of the armed forces who recently retired under chapter 61 of this title and died as a result of an injury or illness incurred while on active duty;
``(C) the individual was a civilian dependent of a member of the armed forces and died or was found dead at a location outside the United States;
``(D) the Armed Forces Medical Examiner determines, pursuant to an authorized investigation by the Department of Defense of matters involving the death of an individual or individuals, that a factual determination of the cause or manner of the death of the individual is necessary; or
``(E) pursuant to an authorized investigation being conducted by the Federal Bureau of Investigation, the National Transportation Safety Board, or other Federal agency, an official of such agency with authority to direct a forensic pathology investigation requests that an investigation be conducted by the Armed Forces Medical Examiner.
``(2) The authority provided in subsection (a) shall be subject to the primary jurisdiction, to the extent exercised, of a State or local government with respect to the conduct of an investigation or, if outside the United States, of authority exercised under any applicable Status-of-Forces or other international agreement between the United States and the country in which the individual died or was found dead.
``(c) Designation of Pathologist.--The Armed Forces Medical Examiner may designate any qualified pathologist to carry out the authority provided in subsection (a).''.
(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following:
``130b. Authority of armed forces medical examiner to conduct forensic pathology investigations.''.
SEC. 724. TRAUMA TRAINING CENTER.
(a) Start-up Costs.--Of the funds authorized to be appropriated in section 301(22) for the Defense Health Program, $4,000,000, shall be used for startup costs for a Trauma Training Center to enhance the capability of the Army to train forward surgical teams.
(b) Amendment to Existing Authority.--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. 725. 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.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
SEC. 801. SALE, EXCHANGE, AND WAIVER AUTHORITY FOR COAL AND
COKE.
(a) In General.--Section 2404 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``petroleum or natural gas'' and inserting ``a defined fuel source'';
(B) in paragraph (1)--
(i) by striking ``petroleum market conditions or natural gas market conditions, as the case may be,'' and inserting
``market conditions for the defined fuel source''; and
(ii) by striking ``acquisition of petroleum or acquisition of natural gas, respectively,'' and inserting ``acquisition of that defined fuel source''; and
(C) in paragraph (2), by striking ``petroleum or natural gas, as the case may be,'' and inserting ``that defined fuel source'';
(3) in subsection (b), by striking ``petroleum or natural gas'' in the second sentence and inserting ``a defined fuel source'';
(4) 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.'';
(5) in subsection (d)--
(A) by striking ``petroleum or natural gas'' in the first sentence and inserting ``a defined fuel source''; and
(B) by striking ``petroleum'' in the second sentence and all that follows through the period and inserting ``a defined fuel source or services related to a defined fuel source.''; and
(6) by adding at the end the following new subsection:
``(f) Defined Fuel Sources.--In this section, the term
`defined fuel source' means any of the following:
``(1) Petroleum.
``(2) Natural gas.
``(3) Coal.
``(4) Coke.''.
(b) Clerical Amendments.--(1) The heading of such section is amended to read as follows:
``Sec. 2404. Acquisition of certain fuel sources: authority to waive contract procedures; acquisition by exchange; sales authority''.
(2) The item relating to such section in the table of sections at the beginning of chapter 141 of such title is amended to read as follows:
``2404. Acquisition of certain fuel sources: authority to waive contract procedures; acquisition by exchange; sales authority.''.
SEC. 802. EXTENSION OF AUTHORITY TO ISSUE SOLICITATIONS FOR
PURCHASES OF COMMERCIAL ITEMS IN EXCESS OF
SIMPLIFIED ACQUISITION THRESHOLD.
Section 4202(e) of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-106; 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''.
SEC. 803. EXPANSION OF APPLICABILITY OF REQUIREMENT TO MAKE
CERTAIN PROCUREMENTS FROM SMALL ARMS PRODUCTION
INDUSTRIAL BASE.
Section 2473(d) of title 10, United States Code, is amended by adding at the end the following new paragraphs:
``(6) M2 machine gun.
``(7) M60 machine gun.''.
SEC. 804. 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. 805. EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF
COMPREHENSIVE SMALL BUSINESS SUBCONTRACTING
PLANS.
Subsection (e) of section 834 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 ``2000.'' and inserting ``2003''.
SEC. 806. FACILITATION OF NATIONAL MISSILE DEFENSE SYSTEM.
(a) Authorization of Waiver of Requirement for Completion of Initial OT&E Before Production Begins.--Notwithstanding section 2399(a) of title 10, United States Code, the Secretary of Defense may make a determination to proceed with production of a national missile defense system without regard to whether initial operational testing and evaluation of the system has been completed.
(b) Requirement for Completion of Initial OT&E.--If the Secretary makes such a determination as provided by subsection (a), the Secretary shall ensure that such a national missile defense system successfully completes an adequate operational test and evaluation as soon as practicable following that determination and before the operational deployment of such system.
(c) Notification to Congressional Committees.--The Secretary shall promptly notify the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, in writing, upon making a determination that production of a national missile defense system may be carried out before initial operational testing and evaluation of that system has been completed, as authorized by subsection (a).
SEC. 807. OPTIONS FOR ACCELERATED ACQUISITION OF PRECISION
MUNITIONS.
(a) Findings.--Congress finds the following:
(1) Current inventories of many precision munitions of the United States do not meet the requirements of the Department of Defense for two Major Theater Wars, and with respect to some precision munitions, such requirements will not be met even after planned acquisitions are made.
(2) Production lines for certain 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 and Tomahawk missiles during Operation Allied Force indicate the critical need to maintain robust inventories of precision munitions.
(b) Reports.--(1) Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the requirements of the Department of Defense for quantities of precision munitions for two Major Theater Wars, and when such requirements will be met for each precision munition.
(2) Not later than March 15, 2000, the Secretary shall submit to the congressional defense committees a report on--
(A) the options recommended by the teams formed under subsection (c) for acceleration of acquisition of precision munitions; and
(B) a plan for implementing such options.
(c) Recommendations for Options.--The Secretary of Defense shall form teams of experts from industry and the military departments to recommend to the Secretary options for accelerating the acquisition of precision munitions in order that, with respect to any such munition for which the requirements of the Department of Defense for two Major Theater Wars are not expected to be met by October 1, 2002, such requirements may be met for such munitions by such date.
SEC. 808. PROGRAM TO INCREASE OPPORTUNITY FOR SMALL BUSINESS
INNOVATION IN DEFENSE ACQUISITION PROGRAMS.
(a) Requirement to Implement Program.--The Secretary of Defense shall implement a program to provide for increased opportunity for small-business concerns to provide innovative technology for acquisition programs of the Department of Defense.
(b) Elements of Program.--The program required by subsection (a) shall consist of the following elements:
(1) The Secretary shall establish procedures through which small-business concerns may submit challenge proposals to existing components of acquisition programs of the Department of Defense which shall be designed to encourage small-business concerns to recommend cost-saving and innovative ideas to acquisition program managers.
(2) The Secretary shall establish a challenge proposal review board, the purpose of which shall be to review and make recommendations on the merit and viability of the challenge proposals submitted under paragraph (1). The Secretary shall ensure that such recommendations receive active consideration for incorporation into applicable acquisition programs of the Department of Defense at the appropriate point in the acquisition cycle.
(c) Report.--The Secretary of Defense shall report to Congress annually on the implementation of this section and the progress of providing increased opportunity for small-business concerns to provide innovative technology for acquisition programs of the Department of Defense.
(d) 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.).
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 901. LIMITATION ON AMOUNT AVAILABLE FOR CONTRACTED
ADVISORY AND ASSISTANCE SERVICES.
(a) Reduction.--From amounts appropriated for the Department of Defense for fiscal year 2000, the total amount obligated for contracted advisory and assistance services may not exceed the amount equal to the sum of the amounts specified in the President's budget for fiscal year 2000 for those services for components of the Department of Defense reduced by $100,000,000.
(b) Limitation Pending Receipt of Required Report.--Not more than 90 percent of the amount available to the Department of Defense for fiscal year 2000 for contracted advisory and assistance services (taking into account the limitation under subsection (a)) may be obligated until the Secretary of Defense submits to Congress the first annual report under section 2212(c) of title 10, United States Code.
SEC. 902. RESPONSIBILITY FOR LOGISTICS AND SUSTAINMENT
FUNCTIONS OF THE DEPARTMENT OF DEFENSE.
(a) Under Secretary of Defense for Acquisition and Technology.--(1) The position of Under Secretary of Defense for Acquisition and Technology in the Department of Defense is hereby redesignated as the Under Secretary of Defense for Acquisition, Technology, and Logistics. Any reference in any law, regulation, document, or other record of the United States to the Under Secretary of Defense for Acquisition and Technology shall be treated as referring to the Under Secretary of Defense for Acquisition, Technology, and Logistics.
(2) Section 133 of title 10, United States Code, is amended--
(A) in subsections (a), (b), and (e)(1), by striking
``Under Secretary of Defense for Acquisition and Technology'' and inserting ``Under Secretary of Defense for Acquisition, Technology, and Logistics''; and
(B) in subsection (b)--
(i) by striking ``logistics,'' in paragraph (2);
(ii) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(iii) by inserting after paragraph (2) the following new paragraph (3):
``(3) establishing policies for logistics, maintenance, and sustainment support for all elements of the Department of Defense;''.
(b) New Deputy Under Secretary for Logistics and Materiel Readiness.--(1) Chapter 4 of title 10, United States Code, is amended by inserting after section 133a the following new section:
``Sec. 133b. Deputy Under Secretary of Defense for Logistics and Materiel Readiness
``(a) There is a Deputy Under Secretary of Defense for Logistics and Materiel Readiness, appointed from civilian life by the President by and with the advice and consent of the Senate. The Deputy Under Secretary shall be appointed from among persons with an extensive background in the sustainment of major weapon systems and combat support equipment.
``(b) The Deputy Under Secretary is the principal adviser to the Secretary and the Under Secretary of Defense for Acquisition, Technology, and Logistics on logistics and materiel readiness in the Department of Defense and is the principal logistics official within the senior management of the Department of Defense.
``(c) The Deputy Under Secretary shall perform such duties relating to logistics and materiel readiness as the Under Secretary of Defense for Acquisition, Technology and Logistics may assign, including--
``(1) prescribing, by authority of the Secretary of Defense, policies and procedures for the conduct of logistics, maintenance, materiel readiness, and sustainment support in the Department of Defense;
``(2) advising and assisting the Secretary of Defense, the Deputy Secretary of Defense, and the Under Secretary of Defense for Acquisition and Technology, and providing guidance to and consulting with the Secretaries of the military departments, with respect to logistics, maintenance, materiel readiness, and sustainment support in the Department of Defense; and
``(3) monitoring and reviewing all logistics, maintenance, materiel readiness, and sustainment support programs in the Department of Defense.''.
(2) Section 5314 of title 5, United States Code, is amended by inserting after the paragraph relating to the Deputy Under Secretary of Defense for Acquisition and Technology the following new paragraph:
``Deputy Under Secretary of Defense for Logistics and Materiel Readiness.''.
(c) Revisions to Law Providing for Deputy Under Secretary for Acquisition and Technology.--Section 133a(b) of title 10, United States Code, is amended--
(1) by striking ``his duties'' in the first sentence and inserting ``the Under Secretary's duties relating to acquisition and technology''; and
(2) by striking the second sentence.
(d) Conforming Amendments to Chapter 4.-- Chapter 4 of such title is further amended as follows:
(1) Sections 131(b)(2), 134(c), 137(b), and 139(b) are amended by striking ``Under Secretary of Defense for Acquisition and Technology'' each place it appears and inserting ``Under Secretary of Defense for Acquisition, Technology, and Logistics''.
(2) The heading of section 133 is amended to read as follows:
``Sec. 133. Under Secretary of Defense for Acquisition,
Technology, and Logistics''.
(3) The table of sections at the beginning of the chapter is amended--
(A) by striking the item relating to section 133 and inserting the following:
``133. Under Secretary of Defense for Acquisition, Technology, and
Logistics.'';and
(B) by inserting after the item relating to section 133a the following new item:
``133b. Deputy Under Secretary of Defense for Logistics and Materiel
Readiness.''.
(e) Additional Conforming Amendments.--Section 5313 of title 5, United States Code, is amended by striking ``Under Secretary of Defense for Acquisition and Technology'' and inserting ``Under Secretary of Defense for Acquisition, Technology, and Logistics''.
SEC. 903. MANAGEMENT HEADQUARTERS AND HEADQUARTERS SUPPORT
ACTIVITIES.
(a) Revision to Defense Directive Relating to Management Headquarters and Headquarters Support Activities.--Not later than October 1, 2000, the Secretary of Defense shall issue a revision to Department of Defense Directive 5100.73, entitled
``Department of Defense Management Headquarters and Headquarters Support Activities'', so as to incorporate in that directive the following:
(1) A threshold specified by command (or other organizational element) such that any headquarters activity below the threshold is not considered for the purpose of the directive to be a management headquarters or headquarters support activity.
(2) A definition of the term ``management headquarters and headquarters support activities'' that (A) is based upon function (rather than organization), and (B) includes any activity (other than an operational activity) that reports directly to such an activity.
(3) Uniform application of those definitions throughout the Department of Defense.
(b) Technical Amendments to Update Limitation on OSD Personnel.--Effective October 1, 1999, section 143 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Effective October 1, 1999, the'' and inserting ``The''; and
(B) by striking ``75 percent of the baseline number'' and inserting ``3,767''.
(2) by striking subsections (b), (c), and (f); and
(3) by redesignating subsections (d) and (e) as subsections
(b) and (c), respectively.
SEC. 904. FURTHER REDUCTIONS IN DEFENSE ACQUISITION AND
SUPPORT WORKFORCE.
(a) Reduction of Defense Acquisition and Support Workforce.--The Secretary of Defense shall accomplish reductions in defense acquisition and support personnel positions during fiscal year 2000 so that the total number of such personnel as of October 1, 2000, is less than the total number of such personnel as of October 1, 1999, by at least 25,000.
(b) Defense Acquisition and Support Personnel Defined.--For purposes of this section, the term ``defense acquisition and support personnel'' means military and civilian personnel
(other than civilian personnel who are employed at a maintenance depot) who are assigned to, or employed in, acquisition organizations of the Department of Defense (as specified in Department of Defense Instruction numbered 5000.58 dated January 14, 1992), and any other organizations which the Secretary may determine to have a predominantly acquisition mission.
SEC. 905. CENTER FOR THE STUDY OF CHINESE MILITARY AFFAIRS.
(a) Findings.--The Congress finds the following:
(1) The strategic relationship between the United States and the People's Republic of China will be very important for future peace and security, not only in the Asia-Pacific region but around the world.
(2) The United States does not view China as an enemy, nor consider that the coming century necessarily will see a new great power competition between the two nations.
(3) The end of the cold war has eliminated what had been the one fundamental common strategic interest of the United States and China, that of containing the Soviet Union.
(4) The sustained economic rise, stated geopolitical ambitions, and increasingly confrontational actions of China cast doubt on whether the United States will be able to form a satisfactory strategic partnership with the People's Republic of China and will pose challenges that will require careful management in order to preserve peace and protect the national security interests of the United States.
(5) The ability of the Department of Defense, and the United States Government more generally, to develop sound security and military strategies is hampered by a limited understanding of Chinese strategic goals and military capabilities. The low priority accorded the study of Chinese strategic and military affairs within the Government and within the academic community has contributed to this limited understanding.
(6) There is a need for a United States national institute for research and assessment of political, strategic, and military affairs in the People's Republic of China. Such an institute should be capable of providing analysis for the purpose of shaping United States military strategy and policy with regard to China and should be readily accessible to senior leaders within the Department of Defense, but should maintain academic and intellectual independence so that that analysis is not first shaped by policy.
(b) Establishment of Center for the Study of Chinese Military Affairs.--(1) Chapter 108 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 2166. National Defense University: Center for the
Study of Chinese Military Affairs
``(a) Establishment.--(1) The Secretary of Defense shall establish a Center for the Study of Chinese Military Affairs
(hereinafter in this section referred to as the `Center') as part of the National Defense University. The Center shall be organized as an independent institute under the University.
``(2) The Director of the Center shall be appointed by the Secretary of Defense. The Secretary shall appoint as the Director 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.
``(b) Mission.--The mission of the Center is to study 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.
``(c) Areas of Study.--The Center shall conduct research relating to the People's Republic of China as follows:
``(1) To assess the potential of that nation to act as a global great power, the Center shall conduct research that considers the policies and capabilities of that nation in a regional and world-wide context, including Central Asia, Southwest Asia, Europe, and Latin America, as well as the Asia-Pacific region.
``(2) To provide a fuller assessment of the areas of study referred to in paragraph (1), the Center shall conduct research on--
``(A) economic trends relative to strategic goals and military capabilities;
``(B) strengths and weaknesses in the scientific and technological sector; and
``(C) relevant demographic and human resource factors on progress in the military sphere.
``(3) The Center shall conduct research on the armed forces of the People's Republic of China, taking into account the character of those armed forces and their role in Chinese society and economy, the degree of their technological sophistication, and their organizational and doctrinal concepts. That research shall include inquiry into the following matters:
``(A) Concepts concerning national interests, objectives, and strategic culture.
``(B) Grand strategy, military strategy, military operations, and tactics.
``(C) Doctrinal concepts at each of the four levels specified in subparagraph (B).
``(D) The impact of doctrine on China's force structure choices.
``(E) The interaction of doctrine and force structure at each level to create an integrated system of military capabilities through procurement, officer education, training, and practice and other similar factors.
``(d) Faculty of the Center.--(1) The core faculty of the Center should comprise scholars capable of providing diverse perspectives on Chinese political, strategic, and military thought. Center scholars shall demonstrate the following competencies and capabilities:
``(A) Analysis of national strategy, military strategy, and doctrine.
``(B) Analysis of force structure and military capabilities.
``(C) Analysis of--
``(i) issues relating to weapons of mass destruction, military intelligence, defense economics, trade, and international economics; and
``(ii) the relationship between those issues and grand strategy, science and technology, the sociology of human resources and demography, and political science.
``(2) A substantial number of Center scholars shall be competent in the Chinese language. The Center shall include a core of junior scholars capable of providing linguistics and translation support to the Center.
``(e) Activities of the Center.--The activities of the Center shall include other elements appropriate to its mission, including the following:
``(1) The Center should include an active conference program with an international reach.
``(2) The Center should conduct an international competition for a Visiting Fellowship in Chinese Military Affairs and Chinese Security Issues. The term of the fellowship should be for one year, renewable for a second.
``(3) The Center shall provide funds to support at least one trip per analyst per year to China and the region and to support visits of Chinese military leaders to the Center.
``(4) The Center shall support well defined, distinguished, signature publications.
``(5) Center scholars shall have appropriate access to intelligence community assessments of Chinese military affairs.
``(f) Studies and Reports.--The Director may contract for studies and reports from the private sector to supplement the work of the Center.''.
(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
``2166. National Defense University: Center for the Study of Chinese
Military Affairs.''.
(c) Implementation Report.--Not later than January 1, 2000, the Secretary of Defense shall submit to Congress a report stating the timetable and organizational plan for establishing the Center for the Study of Chinese Military Affairs under section 2166 of title 10, United States Code, as added by subsection (b).
(d) Startup of Center.--The Secretary shall establish the Center for the Study of Chinese Military Affairs under section 2166 of title 10, United States Code, as added by subsection (b), not later than March 1, 2000, and shall appoint the first Director of the Center not later than June 1, 2000.
SEC. 906. RESPONSIBILITY WITHIN OFFICE OF THE SECRETARY OF
DEFENSE FOR MONITORING OPTEMPO AND PERSTEMPO.
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.''.
SEC. 907. REPORT ON MILITARY SPACE ISSUES.
(a) 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 on United States military space policy. The report shall address current and projected United States efforts to fully exploit space in preparation for possible conflicts in 2010 and beyond. The report shall specifically address the following:
(1) The general organization of the Department of Defense for addressing space issues, the functions of the various Department of Defense and military agencies, components, and elements with responsibility for military space issues, the practical effect of creating a new military service with responsibility for military operations in space, and the advisability of establishing an Assistant Secretary of Defense for Space.
(2) The manner in which current national military space policy is incorporated into overall United States national space policy.
(3) The manner in which the Department of Defense is organized to develop doctrine for the military use of space.
(4) The manner in which military space issues are addressed by professional military education institutions, to include a listing of specific courses offered at those institutions that focuses on military space policy.
(5) The manner in which space control issues are incorporated into current and planned experiments and exercises.
(6) The manner in which military space assets are being fully exploited to provide support for United States contingency operations.
(7) United States policy toward the use of commercial launch vehicles and facilities for the launch of military assets.
(8) The current interagency coordination process regarding the operation of military space assets, including identification of interoperability and communications issues.
(9) Policies and procedures for sharing missile launch early warning data with United States allies and friendly countries.
(10) Issues regarding the capability to detect threats to United States space assets.
(11) The manner in which the presence of space debris is expected to affect United States military space launch policy and the future design of military spacecraft.
(12) Whether military space programs should be funded separately from other service programs and whether the Global Positioning System should be funded through a Defense-wide appropriation account.
(b) Classification and Deadline for Report.--The report required by subsection (a) shall be prepared in both classified and unclassified form and shall be submitted not later than March 1, 2000.
SEC. 908. EMPLOYMENT AND COMPENSATION OF CIVILIAN FACULTY
MEMBERS OF DEPARTMENT OF DEFENSE AFRICAN CENTER
FOR STRATEGIC STUDIES.
(a) Faculty.--Subsection (c) of section 1595 of title 10, United States Code, is amended by adding at the end the following new paragraph:
``(6) The African Center for Strategic Studies.''.
(b) Director and Deputy Director.--Subsection (e) of such section is amended by adding at the end the following new paragraph:
``(4) The African Center for Strategic Studies.''.
SEC. 909. ADDITIONAL MATTERS FOR ANNUAL REPORT ON JOINT
WARFIGHTING EXPERIMENTATION.
Section 485(b) of title 10, United States Code, is amended by adding at the end the following new paragraphs:
``(5) With respect to interoperability of equipment and forces, any recommendations that the commander considers appropriate, developed on the basis of joint warfighting experimentation, for reducing unnecessary redundancy of 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.
``(6) Recommendations for mission needs statements and operational requirements related to the joint experimentation and evaluation process.
``(7) Recommendations based on the results of joint experimentation for the relative priorities for acquisition programs to meet joint requirements.''.
TITLE X--GENERAL PROVISIONS
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 on Armed Services of the House of Representatives to accompany its report on the bill H.R. 1401 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 PRIOR EMERGENCY MILITARY
PERSONNEL APPROPRIATIONS.
There is authorized to be appropriated the amount of
$1,838,426,000 appropriated to the Department of Defense for military personnel accounts in section 2012 of the 1999 Emergency Supplemental Appropriations Act.
SEC. 1004. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDGET CYCLE
FOR THE DEPARTMENT OF DEFENSE.
Section 1405 of the Department of Defense Authorization Act, 1986 (31 U.S.C. 1105 note), is repealed.
SEC. 1005. CONSOLIDATION OF VARIOUS DEPARTMENT OF THE NAVY
TRUST AND GIFT FUNDS.
(a) Consolidation of Naval Academy General Gift Fund and Museum Fund.--(1) Subsection (a) of section 6973 of title 10, United States Code, is amended to read as follows:
``(a)(1) The Secretary of the Navy may accept, hold, administer, and spend gifts and bequests of personal property, and loans of personal property other than money, made on the condition that the personal property be used for the benefit of, or in connection with, the Naval Academy or the Naval Academy Museum, its collection, or its services.
``(2) Gifts or bequests of money, and the proceeds from the sales of property received as a gift or bequest, shall be deposited in the Treasury in the fund called `United States Naval Academy Gift and Museum Fund'. The Secretary may disburse funds deposited under this paragraph for the benefit or use of the Naval Academy or the Naval Academy Museum subject to the terms of the gift or bequest.''.
(2) Subsection (c) of such section is amended by striking
``United States Naval Academy general gift fund'' both places it appears and inserting ``United States Naval Academy Gift and Museum Fund''.
(3) Such section is further amended by adding at the end the following new subsection:
``(d) The Secretary shall develop written guidelines to be used in determining whether the acceptance of money, personal property, or loans of personal property under subsection (a) would--
``(1) reflect unfavorably upon the ability of the Department of the Navy to carry out its responsibilities in a fair and objective manner;
``(2) reflect unfavorably upon the ability of any employee of the Department of the Navy to carry out the employee's official duties in a fair and objective manner; or
``(3) compromise the integrity, or the appearance of the integrity, of Navy programs or any employee involved in such programs.''.
(b) Repeal of Naval Academy Museum Fund.--Section 6974 of title 10, United States Code, is repealed.
(c) Repeal of Naval Historical Center Fund.--Section 7222 of such title is repealed.
(d) Transfer of Funds.--The Secretary of the Navy shall transfer--
(1) all funds in the United States Naval Academy Museum Fund as of the date of the enactment of this Act to the United States Naval Academy Gift and Museum Fund established by section 6973(a) of title 10, United States Code, as amended by subsection (a); and
(2) all funds in the Naval Historical Center Fund as of the date of the enactment of this Act to the Department of the Navy General Gift Fund established by section 2601(b)(2) of such title.
(e) Clerical Amendments.--(1) The table of sections at the beginning of chapter 603 of title 10, United States Code, is amended by striking the item relating to section 6974.
(2) The table of sections at the beginning of chapter 631 of such title is amended by striking the item relating to section 7222.
SEC. 1006. BUDGETING FOR OPERATIONS IN YUGOSLAVIA.
(a) In General.--None of the funds appropriated pursuant to the authorizations of appropriations in this Act may be used for the conduct of combat or peacekeeping operations in the Federal Republic of Yugoslavia.
(b) 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.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. REVISION TO CONGRESSIONAL NOTICE-AND-WAIT PERIOD
REQUIRED BEFORE TRANSFER OF A VESSEL STRICKEN
FROM THE NAVAL VESSEL REGISTER.
Section 7306(d) of title 10, United States Code, is amended to read as follows:
``(d) Congressional Notice-and-Wait Period.--(1) A transfer under this section may not take effect until--
``(A) the Secretary submits to Congress notice of the proposed transfer; and
``(B) 30 days of session of Congress have expired following the date on which the notice is sent to Congress.
``(2) For purposes of paragraph (1)(B)--
``(A) the period of a session of Congress is broken only by an adjournment of Congress sine die at the end of the final session of a Congress; and
``(B) any day on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain, or because of an adjournment sine die at the end of the first session of a Congress, shall be excluded in the computation of such 30-day period.''.
SEC. 1012. AUTHORITY TO CONSENT TO RETRANSFER OF FORMER NAVAL
VESSEL.
(a) In General.--Subject to subsection (b), the President may consent to the retransfer by the Government of Greece of HS Rodos (ex-USS BOWMAN COUNTY (LST 391)) to the USS LST Ship Memorial, Inc., a not-for-profit organization operating under the laws of the State of Pennsylvania.
(b) Conditions for Consent.--The President should not exercise the authority under subsection (a) unless the USS LST Memorial, Inc. agrees--
(1) to use the vessel for public, nonprofit, museum-related purposes; and
(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.
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 Service 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 provide--
(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; and
(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.
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.--After September 30, 1999, the Secretary of the Navy, subject to subsection (b), may enter into contracts with private United States shipyards for the construction of new surface vessels to be long-term leased 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.
``(c) Funds for Contract Payments.--The Secretary may make payments for contracts entered into under subsection (a) and under subsection (g) using funds available for obligation from operation and maintenance accounts during the fiscal year for which the payments are required to be made. Any such contract shall provide that the United States is not required to make a payment under the contract (other than a termination payment, if required) before October 1, 2001.
``(d) 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.
``(e) 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.
``(f) 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.
``(g) Vessel Operation.--(1) The Secretary shall operate a vessel held by the Secretary under a long-term lease under this section through a contract with a United States domiciled 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 and competition 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.
``(h) Contingent Waiver of Other Provisions of Law.--A contract authorized by this section may be entered into without regard to section 2401 or 2401a of this title if the Secretary of Defense makes the following findings with respect to that contract:
``(1) 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.
``(2) 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.
``(3) The use of such contract or the exercise of such option is in the interest of the national defense.
``(i) 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 large medium-speed roll-on/roll-off ship.
``(G) A combat logistics force ship.
``(H) Any other auxiliary support vessel.''.
SEC. 1015. AUTHORITY TO PROVIDE ADVANCE PAYMENTS FOR THE
NATIONAL DEFENSE FEATURES PROGRAM.
(a) In General.--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)(1) The Secretary of Defense, after making a determination of economic soundness for any proposed offer, may provide advance payments to a contractor by lump sum or annual payments (or a combination thereof) for the following costs associated with inclusion or incorporation of defense features in a commercial vessel:
``(A) Costs to build, procure, and install the defense features in the vessel.
``(B) Costs to periodically maintain and test the defense features on the vessel.
``(C) Any increased costs of operation or any loss of revenue attributable to the inclusion or incorporation of the defense feature on the vessel.
``(D) Any additional costs associated with the terms and conditions of the contract to install and incorporate defense features.
``(2) For any contract under which the United States provides advance payments under paragraph (1) for the costs associated with incorporation or inclusion of defense features in a commercial vessel, the contractor shall provide to the United States such security interests, which may include a preferred mortgage under section 31322 of title 46, on the vessel as the Secretary may prescribe to project the interests of the United States relating to all costs associated with incorporation or inclusion of defense features in such vessel or vessels.
``(3) The functions of the Secretary under this subsection may not be delegated to an officer or employee in a position below the head of the procuring activity, as defined in section 2304(f)(6)(A) of this title.''.
(b) Effective Date.--Subsection (j) of section 2218 of title 10, United States Code, as added by subsection (a), shall apply to contracts entered into after September 30, 1999.
Subtitle C--Matters Relating to Counter Drug Activities
SEC. 1021. SUPPORT FOR DETECTION AND MONITORING ACTIVITIES IN
THE EASTERN PACIFIC OCEAN.
(a) Operation Caper Focus.--Of the amount authorized to be appropriated by section 301(20) for drug interdiction and counter-drug activities, $6,000,000 shall be available for the purpose of conducting the counter-drug operation known as Caper Focus, which targets the maritime movement of cocaine on vessels in the eastern Pacific Ocean.
(b) Funds for Conversion of Wide Aperture Radar Facility to Operational Status.--Of the amount authorized to be appropriated by such section, $17,500,000 shall be available for the purpose of--
(1) converting the Over-The-Horizon Radar facility known as the Wide Aperture Radar Facility in southern California from a research to operational status; and
(2) using the facility on a full-time basis to detect and track both air and maritime drug traffic in the eastern Pacific Ocean and to monitor the international border in the southwestern United States.
(c) Contribution of Assets.--The Secretary of the Air Force shall make available for use at the Wide Aperture Radar Facility described in subsection (b) two OTH-B Continental 100 KW transmitters and necessary spare parts to ensure the conversion of the facility to operational status.
(d) Test Against Go-Fast Boats.--As part of the conversion of the Wide Aperture Radar Facility described in subsection
(b) to operational status, the Secretary of Defense shall evaluate the ability of the facility to detect and track the high-speed maritime vessels typically used in the transportation of illegal drugs by water.
(e) Progress Report.--Not later than April 15, 2000, the Secretary of Defense shall submit a report to Congress evaluating the effectiveness of the Wide Aperture Radar Facility described in subsection (b) in counter-drug detection monitoring and border surveillance.
SEC. 1022. CONDITION ON DEVELOPMENT OF FORWARD OPERATING
LOCATIONS FOR UNITED STATES SOUTHERN COMMAND
COUNTER-DRUG DETECTION AND MONITORING FLIGHTS.
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.
SEC. 1023. UNITED STATES MILITARY ACTIVITIES IN COLOMBIA.
Section 1033(f) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 U.S.C. 1881) is amended--
(1) by redesignating paragraph (4) as paragraph (5) and, in such paragraph, by striking ``National Security'' and inserting ``Armed Services''; and
(2) by inserting after paragraph (3) the following new paragraph:
``(4) Not later than January 1 of each year, the Secretary shall submit to the congressional committees a report detailing the number of United States military personnel 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.''.
Subtitle D--Other Matters
SEC. 1031. 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 at the end the following new section:
``Sec. 229. Amounts for declassification of records
``(a) Specific Identification in Budget.--The Secretary of Defense shall include in the budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31) specific identification, as a budgetary line item, of the amounts required to carry out programmed activities during that fiscal year to declassify records pursuant to Executive Order 12958 (50 U.S.C. 435 note), or any successor Executive order, or to comply with any statutory requirement to declassify Government records.''.
(2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
``229. 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 activities to declassify records pursuant to Executive Order 12958 (50 U.S.C. 435 note), or any successor Executive order, or to comply with any statutory requirement to declassify Government records may not exceed $20,000,000. SEC. 1032. NOTICE TO CONGRESSIONAL COMMITTEES OF COMPROMISE
OF CLASSIFIED INFORMATION WITHIN DEFENSE
PROGRAMS OF THE UNITED STATES.
(a) In General.--The Secretary of Defense shall notify the committees specified in subsection (c) of any information, regardless of its origin, that the Secretary receives that indicates that classified information relating to any defense operation, system, or technology of the United States is being, or may have been, disclosed in an unauthorized manner to a foreign power or an agent of a foreign power.
(b) Manner of Notification.--A notification under subsection (a) shall be provided, in writing, not later than 30 days after the date of the initial receipt of such information by the Department of Defense.
(c) Specified Committees.--The committees referred to in subsection (a) are the Committee on Armed Services of the Senate and the Committee on Armed Service of the House of Representatives.
(d) Foreign Power.--For purposes of this section, the terms
``foreign power'' and ``agent of a foreign power'' have the meanings given those terms in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
SEC. 1033. 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) 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) shall cease to apply 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.
``(3) If the Presidents submits the certification described in paragraph (2), then effective upon the submission of that certification, funds available to the Department of Defense may not be obligated or expended to maintain a United States force structure of strategic nuclear delivery systems with a total capacity in warheads that is less than 98 percent of the 6,000 warhead limitation applicable to the United States and in effect under the Strategic Arms Reduction Treaty.
``(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) 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) Covered Systems.--(1) Subsection (e) of such section is amended to read as follows:
``(e) Strategic Nuclear Delivery Systems Defined.--For purposes of this section, the term `strategic nuclear delivery systems' means the following:
``(1) B-52H bomber aircraft.
``(2) Trident ballistic missile submarines.
``(3) Minuteman III intercontinental ballistic missiles.
``(4) Peacekeeper intercontinental ballistic missiles.''.
(2) Subsection (c)(2) of such section is amended by striking ``specified in subsection (a)''.
(c) 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. 1034. ANNUAL REPORT BY CHAIRMAN OF JOINT CHIEFS OF STAFF
ON THE RISKS IN EXECUTING THE MISSIONS CALLED
FOR UNDER THE NATIONAL MILITARY STRATEGY.
Section 153 of title 10, United States Code, is amended by adding at the end the following new subsection:
``(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.''.
SEC. 1035. REQUIREMENT TO ADDRESS UNIT OPERATIONS TEMPO AND
PERSONNEL TEMPO IN DEPARTMENT OF DEFENSE ANNUAL
REPORT.
(a) Reporting Requirements.--Chapter 23 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 486. 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 Reporting Requirements.--To satisfy subsection (a), the report shall include the following:
``(1) A description of the methods by which each of the armed forces measures operations tempo and personnel tempo.
``(2) A description of the personnel tempo policies of each of the armed forces and any changes to these policies since the preceding report.
``(3) 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) An identification of 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 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 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) Definitions.--In this section:
``(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 the rate at which members are required, as a result of these duties, to spend nights away from home.
``(3) The term `armed forces' does not include the Coast Guard when it is not operating as a service in the Department of the Navy.''.
(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
``486. Unit operations tempo and personnel tempo: annual report.''.
SEC. 1036. 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), 667, 2011(e), 2391(c), 2431(a), 2432, 2457(d), 2537, 2662(b), 2706(b), 2861, 2902(g)(2), 4542(g)(2), 7424(b), 7425(b), 10541, 10542, and 12302(d).
(2) Sections 301a(f) and 1008 of title 37, United States Code.
(3) Sections 11 and 14 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-2, 98h-5).
(4) Section 4(a) of Public Law 85-804 (50 U.S.C. 1434(a)).
(5) Section 10(g) of the Military Selective Service Act (50 U.S.C. App. 460(g)).
(6) Section 3134 of the National Defense Authorization Act, Fiscal Year 1991 (42 U.S.C. 7274c).
(7) Section 822(b) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (42 U.S.C. 6687(b)).
(8) Section 1097 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (22 U.S.C. 2751 note).
(9) Sections 208, 901(b)(2), and 1211 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1118, 1241(b)(2), 1291).
(10) Section 12 of the Act of March 9, 1920 (popularly known as the ``Suits in Admiralty Act'') (46 App. U.S.C. 752).
SEC. 1037. 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 777(d)(1) is amended by striking ``may not exceed'' and all that follows and inserting ``may not exceed 35.''.
(7) Section 977(d)(2) is amended by striking ``the lesser of'' and all that follows through ``(B)''.
(8) Section 1073 is amended by inserting ``(42 U.S.C. 14401 et seq.)'' before the period at the end of the second sentence.
(9) Section 1076a(j)(2) is amended by striking ``1 year'' and inserting ``one year''.
(10) 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,''.
(11) 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.
(12) 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''.
(13) 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,''.
(14) Section 1501(d) is amended by striking ``prescribed'' in the first sentence and inserting ``described''.
(15) 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,''.
(16) 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''.
(17) Section 2208(l)(2)(A) is amended by inserting ``of'' after ``during a period''.
(18) 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''.
(19) Section 2302c(b) is amended by striking ``section 2303'' and inserting ``section 2303(a)''.
(20) 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).
(21) 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''.
(22) 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,''.
(23) Section 2492(b) is amended by striking ``the date of the enactment of this section'' and inserting ``October 17, 1998''.
(24) Section 2539b(a) is amended by striking ``secretaries of the military departments'' and inserting ``Secretaries of the military departments''.
(25) Section 2641a is amended--
(A) by striking ``, United States Code,'' in subsection
(b)(2); and
(B) by striking subsection (d).
(26) 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.
(27) 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''.
(28) Section 2703(c) is amended by striking ``United States Code,''.
(29) Section 2837(d)(2)(C) is amended by striking ``the National Defense Authorization Act for Fiscal Year 1996'' and inserting ``this section''.
(30) 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,''.
(31) Section 7902(e)(5) is amended by striking ``, United States Code,''.
(32) 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''.
(33) Section 14301(g) is amended by striking ``1 year'' both places it appears and inserting ``one year''.
(34) 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)(1)(D) (112 Stat. 2067) is amended by striking ``subsection (c)'' and inserting ``subsection (d)''.
(c) Public Law 105-85.--The National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85) is amended as follows:
(1) Section 557(b) (111 Stat. 1750) is amended by inserting
``to'' after ``with respect''.
(2) Section 563(b) (111 Stat. 1754) is amended by striking
``title'' and inserting ``subtitle''.
(3) Section 644(d)(2) (111 Stat. 1801) is amended by striking ``paragraphs (3) and (4)'' and inserting
``paragraphs (7) and (8)''.
(4) Section 934(b) (111 Stat. 1866) is amended by striking
``of'' after ``matters concerning''.
(d) Other Laws.--
(1) Effective as of April 1, 1996, section 647(b) of the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 370) is amended by inserting
``of such title'' after ``Section 1968(a)''.
(2) Section 414 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 10 U.S.C. 12001 note) is amended--
(A) by striking ``pilot'' in subsection (a), ``Pilot'' in the heading of subsection (a), and ``pilot'' in the section heading; and
(B) in subsection (c)(1)--
(i) by striking ``2,000'' in the first sentence and inserting ``5,000''; and
(ii) by striking the second sentence.
(3) Sections 8334(c) and 8422(a)(3) of title 5, United States Code, are each amended in the item for nuclear materials couriers--
(A) by striking ``to the day before the date of the enactment of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999'' and inserting ``to October 16, 1998''; and
(B) by striking ``The date of the enactment of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999'' and inserting ``October 17, 1998''.
(4) Section 113(b)(2) of title 32, United States Code, is amended by striking ``the date of the enactment of this subsection'' and inserting ``October 17, 1998''.
(5) Section 1007(b) of title 37, United States Code, is amended by striking the second sentence.
(6) Section 845(b)(1) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note) is amended by striking ``(e)(2) and (e)(3) of such section 2371'' and inserting ``(e)(1)(B) and (e)(2) of such section 2371''.
SEC. 1038. 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).
SEC. 1039. CHEMICAL DEFENSE TRAINING FACILITY.
(a) Authority To Transfer Agents.--(1) The Secretary of Defense may transfer to the Attorney General quantities of non-stockpile lethal chemical agents required to support training at the Chemical Defense Training Facility at the Center for Domestic Preparedness in Fort McClellan, Alabama. The quantity of non-stockpile lethal chemical agents that may be 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 non-stockpile lethal chemical agents that shall be transferred under this section. Such amount shall be transferred from quantities of non-stockpile lethal chemical agents that are maintained by the Department of Defense for research, development, test, and evaluation of chemical defense material and for live-agent training of chemical defense personnel and other individuals by the Department of Defense.
(3) The Secretary of Defense may not transfer non-stockpile lethal chemical agents under this section until--
(A) the Chemical Defense Training Facility referred to in paragraph (1) is transferred from the Department of Defense to the Department of Justice; and
(B) the Secretary certifies that the Attorney General is prepared to receive such agents.
(4) Quantities of non-stockpile lethal chemical agents transferred under this section shall meet all applicable requirements for transportation, storage, treatment, and disposal of such agents and for any resulting hazardous waste products.
(b) Annual Report.--The Secretary of Defense, in consultation with Attorney General and the Administrator of the Environmental Protection Agency, shall report annually to Congress regarding the disposition of non-stockpile lethal chemical agents transferred under this section.
(c) Non-Stockpile Lethal Chemical Agents.--In this section, the term ``non-stockpile lethal chemical agents'' includes those chemicals in the possession of the Department of Defense that are not part of the chemical weapons stockpile and that are applied to research, medical, pharmaceutical, or protective purposes in accordance with Article VI of the Conventional Weapons Convention Treaty.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
SEC. 1101. 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. 1102. RESTORATION OF LEAVE FOR CERTAIN DEPARTMENT OF
DEFENSE EMPLOYEES WHO DEPLOY TO A COMBAT ZONE
OUTSIDE THE UNITED STATES.
Section 6304(d) of title 5, United States Code, is amended by adding at the end the following new paragraph:
``(4)(A) For purposes of this subsection, the deployment of an emergency essential employee of the Department of Defense to a combat zone outside the United States shall be deemed an exigency of the public business, and any leave that is lost by an employee as a result of such deployment (regardless of whether such leave was scheduled) shall be--
``(i) restored to the employee; and
``(ii) credited and available in accordance with paragraph
(2).
``(B) For purposes of this paragraph, the term `Department of Defense emergency essential employee'--
``(i) means a civilian employee of the Department of Defense, including a nonappropriated fund instrumentality employee (as defined by section 1587(a)(1) of title 10) whose assigned duties and responsibilities would be necessary during a period that follows the evacuation of nonessential personnel during a declared emergency or the outbreak of combat operations or war; and
``(ii) includes an employee who is hired on a temporary or permanent basis.''.
SEC. 1103. 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 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.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
SEC. 1201. 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 Service of the House of Representatives a report, to be prepared by the Defense Science Board in consultation with the Director of Central Intelligence, on the strategic stability of the future nuclear balance between (1) the United States, and (2) Russia and other potential nuclear adversaries.
(b) Matters To Be Included.--The Secretary shall include in the report the following:
(1) The policy guidance defining the military-political objectives of the United States against potential nuclear adversaries under various nuclear conflict scenarios.
(2) The target sets and damage goals of the United States against potential nuclear adversaries under various nuclear conflict scenarios and how those target sets and damage goals relate to the achievement of the military-political objectives identified under paragraph (1).
(3) The strategic nuclear force posture of the United States and of Russia that may emerge under a further Strategic Arms Reduction Treaty (referred to as ``START III'') and how capable the United States forces envisioned under that posture would be for the achievement of the damage goals and the military objectives against potential nuclear adversaries referred to in paragraphs (1) and (2).
(4) The Secretary's assessment of (A) whether Russian strategic forces under a START III treaty would, or would not, likely be smaller, more vulnerable, and less capable of launch-on-tactical-warning than at present, and (B) in light of such assessment, whether incentives for Russia to carry out a first strike against the United States during a future crisis probably would, or would not, be greater than at present under a START III treaty.
(5) The Secretary's assessment of (A) whether China and so-called nuclear rogue states probably will, or will not, remain incapable in the foreseeable future of carrying out a launch-on-tactical-warning and be more vulnerable to United States conventional or nuclear attack than at present, and
(B) in light of such assessment, whether incentives for China and nuclear rogue states to carry out a first strike against the United States during a future crisis probably would, or would not, be greater than at present.
(6) The Secretary's assessment of whether asymmetries between the United States and Russia that are favorable to Russia in active and passive defenses may be a significant strategic advantage to Russia under a START III treaty.
(7) The Secretary's assessment of whether asymmetries between the United States and Russia that are highly favorable to Russia in tactical nuclear weapons might erode strategic stability.
(8) The Secretary's assessment of whether a combination of Russia and China against the United States in a nuclear conflict could erode strategic stability under a START III treaty.
(9) The Secretary's assessment of whether doctrinal asymmetries between the United States and Russia, such as the expansion by Russia of the warfighting role of nuclear weapons while the United States is de-emphasizing the utility and purpose of nuclear weapons, could erode strategic stability.
(c) Classification.--The report shall be submitted in classified form and, to the extent possible, in unclassified form.
SEC. 1202. ONE-YEAR EXTENSION OF COUNTERPROLIFERATION
AUTHORITIES FOR SUPPORT OF UNITED NATIONS
WEAPONS INSPECTION REGIME IN IRAQ.
Effective October 1, 1999, section 1505(f) of the Weapons of Mass Destruction Control Act of 1992 (22 U.S.C. 5859a(f)) is amended by striking ``1999'' and inserting ``2000''.
SEC. 1203. MILITARY-TO-MILITARY CONTACTS WITH CHINESE
PEOPLE'S LIBERATION ARMY.
(a) Principles for Military-to-Military Contacts.--(1) It is the policy of the United States that military-to-military contacts between the United States Armed Forces and the People's Liberation Army of the People's Republic of China should be based on the principles of reciprocity and transparency and that those contacts should be managed within the executive branch by the Department of Defense.
(2) For purposes of this section--
(A) reciprocity is measured by the frequency and purpose of visits, the size of delegations, and similar measures; and
(B) transparency is measured by the degree of access to facilities and installations, to military personnel and units, and to exercises, and similar measures.
(b) Limitations.--The Secretary of Defense shall require that members of the People's Liberation Army (when participating in any such military-to-military contact or otherwise) be excluded from the following:
(1) Inappropriate exposure (as determined by the Secretary) to the operational capabilities of the Armed Forces, including the following:
(A) Force projection.
(B) Nuclear operations.
(C) Advanced logistics.
(D) Chemical and biological defense and other capabilities related to weapons of mass destruction.
(E) Intelligence, surveillance, and reconnaissance operations.
(F) Joint warfighting experiments and other activities related to a transformation in warfare.
(G) Military space operations.
(H) Other advanced capabilities of the Armed Forces.
(2) Arms sales or military-related technology transfers.
(3) Release of classified or restricted information.
(4) Access to a Department of Defense laboratory.
(c) Certification by Secretary.--The Secretary of Defense may authorize military-to-military contacts with the People's Liberation Army during any calendar year only after the Secretary submits to the Committee on Armed Services of the Senate and the Committee on Armed Service of the House of Representatives, not earlier than one month before the beginning of that year, a certification in writing that such contacts during that year--
(1) will be conducted in a manner consistent with the principles of reciprocity and transparency; and
(2) are in the national security interest of the United States.
(d) Annual Report.--Not later than June 1 each year, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Service of the House of Representatives a report providing the Secretary's assessment of the current state of military-to-military 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 contacts scheduled for the next 12-month period and a five-year plan for those contacts.
(3) The Secretary's assessment of the benefits the Chinese expect to gain from those military-to-military contacts.
(4) The Secretary's assessment of the benefits the Department of Defense expects to gain from those military-to-military contacts.
(5) The Secretary's assessment of how military-to-military contacts with the People's Liberation Army fit into the larger security relationship between United States and the People's Republic of China.
SEC. 1204. 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. 1205. 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 1204(e) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2112).
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
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, and any other funds appropriated after the date of the enactment of this Act, 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 $444,100,000 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,
$43,000,000.
(3) For activities to support warhead dismantlement processing in Russia, $9,300,000.
(4) For security enhancements at chemical weapons storage sites in Russia, $24,600,000.
(5) For weapons transportation security in Russia,
$15,200,000.
(6) For planning, design, and construction of a storage facility for Russian fissile material, $60,900,000.
(7) For weapons storage security in Russia, $90,000,000.
(8) For development of a cooperative program with the Government of Russia to eliminate the production of weapons grade plutonium at Russian reactors, $20,000,000.
(9) For biological weapons proliferation prevention activities in Russia, $2,000,000.
(10) For activities designated as Other Assessments/Administrative Support, $1,800,000.
(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 (10) 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 or any subsequent fiscal year for a purpose listed in any of the paragraphs in subsection (a) in excess of the amount specifically authorized for such purpose. However, the total amount obligated for Cooperative Threat Reduction programs for such fiscal year may not, by reason of the use of the authority provided in the preceding sentence, exceed the total amount authorized for such programs for such fiscal year.
(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 (3) through (10) 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 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, and no funds appropriated for Cooperative Threat Reduction programs after the date of the enactment of this Act, may be obligated or expended for elimination of conventional weapons or the delivery vehicles of 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(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 written transparency agreement that provides that the United States may verify that material stored at the facility is of weapons origin.
(b) Limitation on Construction.--No funds 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.
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 FOR BIOLOGICAL WEAPONS
PROLIFERATION PREVENTION ACTIVITIES.
No fiscal year 2000 Cooperative Threat Reduction funds may be obligated or expended for biological weapons proliferation prevention activities in Russia until the Secretary of Defense submits to the congressional defense committees the reports described in sections 1305 and 1308 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2164, 2166).
SEC. 1307. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF
REPORT AND MULTIYEAR PLAN.
No fiscal year 2000 Cooperative Threat Reduction funds may be obligated or expended until the Secretary of Defense submits to Congress--
(1) a report describing--
(A) 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
(B) 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; and
(2) 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; 108 Stat. 2883).
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; and
(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.
SEC. 1309. REPORT ON EXPANDED THREAT REDUCTION INITIATIVE.
Not later than December 31, 1999, 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.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction Authorization Act for Fiscal Year 2000''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(1), the Secretary of the Army may acquire real property and carry out military construction projects for the installations and locations inside the United States, and in the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Alabama...................... Redstone Arsenal......... $9,800,000
Alaska....................... Fort Richardson.......... $14,600,000
Fort Wainwright.......... $32,500,000
California................... Fort Irwin............... $32,400,000
Presidio of Monterey..... $7,100,000
Colorado..................... Fort Carson.............. $4,400,000
Peterson Air Force Base.. $25,000,000
District of Columbia......... Fort McNair.............. $1,250,000
Walter Reed Medical $6,800,000
Center.
Georgia...................... Fort Benning............. $48,400,000
Fort Stewart............. $71,700,000
Hawaii....................... Schofield Barracks....... $95,000,000
Kansas....................... Fort Leavenworth......... $34,100,000
Fort Riley............... $3,900,000
Kentucky..................... Blue Grass Army Depot.... $6,000,000
Fort Campbell............ $39,900,000
Fort Knox................ $1,300,000
Louisiana.................... Fort Polk................ $6,700,000
Maryland..................... Fort Meade............... $22,450,000
Massachusetts................ Westover Air Reserve Base $4,000,000
Missouri..................... Fort Leonard Wood........ $27,100,000
New York..................... Fort Drum................ $23,000,000
North Carolina............... Fort Bragg............... $125,400,000
Sunny Point Military $3,800,000
Ocean Terminal..........
Oklahoma..................... Fort Sill................ $33,200,000
McAlester Army Ammunition $16,600,000
Pennsylvania................. Carlisle Barracks........ $5,000,000
Letterkenny Army Depot... $3,650,000
South Carolina............... Fort Jackson............. $7,400,000
Texas........................ Fort Bliss............... $52,350,000
Fort Hood................ $84,500,000
Virginia..................... Fort Belvoir............. $3,850,000
Fort Eustis.............. $43,800,000
Fort Myer................ $2,900,000
Fort Story............... $8,000,000
Washington................... Fort Lewis............... $23,400,000
CONUS Various................ CONUS Various............ $36,400,000
---------------
Total.................. $967,550,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(2), the Secretary of the Army may acquire real property and carry out military construction projects for the locations outside the United States, and in the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Germany...................... Ansbach.................. $21,000,000
Bamberg.................. $23,200,000
Mannheim................. $4,500,000
Korea........................ Camp Casey............... $31,000,000
Camp Howze............... $3,050,000
Camp Stanley............. $3,650,000
---------------
Total.................. $86,400,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may construct or acquire family housing units (including land acquisition) at the installations, for the purposes, and in the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Korea................................. Camp Humphreys........... 60 Units..................... $24,000,000
Virginia.............................. Fort Lee................. 97 Units..................... $16,500,000
---------------
Total...................... $40,500,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may carryout architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,300,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in sections 2104(a)(5)(A), the Secretary of the Army may improve existing military family housing units in an amount not to exceed $35,400,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1999, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $2,384,417,000 as follows:
(1) For military construction projects inside the United States authorized by section 2101(a), $879,550,000.
(2) For the military construction projects outside the United States authorized by section 2101(b), $86,400,000.
(3) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $9,500,000.
(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $87,205,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design and improvement of military family housing and facilities,
$80,200,000.
(B) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $1,089,812,000.
(6) For the construction of the United States Disciplinary Barracks, Fort Leavenworth, Kansas, authorized in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 1998 (division B of Public Law 105-85; 111 Stat. 1967), $18,800,000.
(7) For the construction of the force XXI soldier development center, Fort Hood, Texas, authorized in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 1998 (division B of Public Law 105-85; 111 Stat. 1966), $14,000,000.
(8) For the construction of the railhead facility, Fort Hood, Texas, authorized in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2182), $14,800,000.
(9) For the construction of the cadet development center, United States Military Academy, West Point, New York, authorized in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2182), $28,500,000.
(10) For the construction of the whole barracks complex renewal, Fort Campbell, Kentucky, authorized in section 2101(a) of the Military Construction Authorization Act for Fiscal year 1999 (division B of Public Law 105-261; 112 Stat. 2182), $32,000,000.
(11) For the construction of the multi-purpose digital training range, Fort Knox, Kentucky, authorized in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2182), $16,000,000.
(12) For the construction of the power plant, Roi Namur Island, Kwajalein Atoll, Kwajalein, authorized in section 2101(b) of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2183), $35,400,000.
(b) Limitation on Total Cost of Construction Projects.--Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed--
(1) the total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a);
(2) $46,000,000 (the balance of the amount authorized under section 2101(a) for the construction of the whole barracks complex renewal at Schofield Barracks, Hawaii);
(3) $22,000,000 (the balance of the amount authorized under section 2101(a) for the construction of the whole barracks complex renewal at Fort Bragg, North Carolina);
(4) $10,000,000 (the balance of the amount authorized under section 2101(a) for the construction of tank trail erosion mitigation at the Yakima Training Center, Fort Lewis, Washington); and
(5) $10,100,000 (the balance of the amount authorized under section 2101(a) for the construction of a tactical equipment shop at Fort Sill, Oklahoma).
(c) Adjustment.--The total amount authorized to be appropriated pursuant to paragraphs (1) through (12) of subsection (a) is the sum of the amounts authorized to be appropriated in such paragraphs reduced by $7,750,000, which represents the combination of project savings in military construction resulting from favorable bids, reduced overhead charges, and cancellations due to force structure changes.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(1), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations and locations inside the United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Arizona...................... Marine Corps Air Station, $24,220,000
Yuma. $7,560,000
Navy Detachment, Camp
Navajo.
California................... Marine Corps Air-Ground $34,760,000
Combat Center,
Twentynine Palms........
Marine Corps Base, Camp $38,460,000
Pendleton.
Marine Corps Logistics $4,670,000
Base, Barstow.
Marine Corps Recruit $3,200,000
Depot, San Diego........
Naval Air Station, $24,020,000
Lemoore.
Naval Air Station, North $54,420,000
Island.
Naval Air Warfare Center, $4,000,000
China Lake.
Naval Air Warfare Center, $7,070,000
Corona.
Naval Air Warfare Center, $6,190,000
Point Magu.
Naval Hospital, San Diego $21,590,000
Naval Hospital, $7,640,000
Twentynine Palms.
Naval Postgraduate School $5,100,000
Florida...................... Naval Air Station, $5,350,000
Whiting Field, Milton...
Naval Station, Mayport... $9,560,000
Georgia...................... Marine Corps Logistics $6,260,000
Base, Albany.
Hawaii....................... Marine Corps Air Station, $5,790,000
Kaneohe Bay.............
Naval Shipyard, Pearl $10,610,000
Harbor.
Naval Station, Pearl $18,600,000
Harbor.
Naval Submarine Base, $29,460,000
Pearl Harbor.
Idaho........................ Naval Surface Warfare $10,040,000
Center, Bayview.........
Illinois..................... Naval Training Center, $57,290,000
Great Lakes.
Indiana...................... Naval Surface Warfare $7,270,000
Center, Crone...........
Maine........................ Naval Air Station, $16,890,000
Brunswick.
Maryland..................... Naval Air Warfare Center, $4,560,000
Patuxent River..........
Naval Surface Warfare $10,070,000
Center, Indian Head.....
Mississippi.................. Naval Air Station, $7,280,000
Meridian................
Naval Construction $19,170,000
Battalion Center
Gulfport................
Nevada....................... Naval Air Station, Fallon $7,000,000
New Jersey................... Naval Air Warfare Center $15,710,000
Aircraft Division,
Lakehurst...............
North Carolina............... Marine Corps Air Station, $5,470,000
New River. $21,380,000
Marine Corps Base, Camp
Lejeune.
Pennsylvania................. Navy Ships Parts Control $2,990,000
Center, Mechanicsburg...
Norfolk Naval Shipyard $13,320,000
Detachment, Philadelphia.
South Carolina............... Naval Weapons Station, $7,640,000
Charleston. $18,290,000
Marine Corps Air Station,
Beaufort.
Texas........................ Naval Station, Ingleside. $11,780,000
Virginia..................... Marine Corps Combat $20,820,000
Development Command,
Quantico................
Naval Air Station, Oceana $11,490,000
Naval Shipyard, Norfolk.. $17,630,000
Naval Station, Norfolk... $69,550,000
Naval Weapons Station, $25,040,000
Yorktown.
Tactical Training Group $10,310,000
Atlantic, Dam Neck......
Washington................... Naval Ordnance Center $3,440,000
Pacific Division
Detachment, Port Hadlock
Naval Undersea Warfare $6,700,000
Center, Keyport.........
Puget Sound Naval $15,610,000
Shipyard, Bremerton.....
Strategic Weapons $6,300,000
Facility Pacific,
Bremerton...............
---------------
Total.................. $751,570,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the locations outside the United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Bahrain...................... Administrative Support $83,090,000
Unit,.
Diego Garcia................. Naval Support Facility, $8,150,000
Diego Garcia.
Greece....................... Naval Support Activity, $6,380,000
Souda Bay.
Italy........................ Naval Support Activity, $26,750,000
Naples.
---------------
Total.................. $124,370,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(5)(A), the Secretary of the Navy may construct or acquire family housing units (including land acquisition) at the installations, for the purposes, and in the amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Hawaii.................................. Marine Corps Air Station, 100 Units.................. $26,615,000
Kaneohe Bay...............
Naval Base Pearl Harbor.... 133 Units.................. $30,168,000
Naval Base Pearl Harbor.... 96 Units................... $19,167,000
-------------
Total.................... $75,950,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the authorization of appropriation in section 2204(a)(5)(A), the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of military family housing units in an amount not to exceed $17,715,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(5)(A), the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $162,350,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1999, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $2,084,107,000 as follows:
(1) For military construction projects inside the United States authorized by section 2201(a), $737,910,000.
(2) For military construction projects outside the United States authorized by section 2201(b), $124,370,000.
(3) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $7,342,000.
(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $70,010,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design and improvement of military family housing and facilities,
$256,015,000.
(B) For support of military housing (including functions described in section 2833 of title 10, United States Code),
$895,070,000.
(6) For the construction of berthing wharf, Naval Station Norfolk, Virginia, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105-261; 112 Stat. 2189),
$12,690,000.
(b) Limitation on Total Cost of Construction Projects.--Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed--
(1) the total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a); and
(2) $13,660,000 (the balance of the amount authorized under section 2201(a) for the construction of a berthing wharf at Naval Air Station, North Island, California).
(c) Adjustment.--The total amount authorized to be appropriated pursuant to paragraphs (1) through (6) of subsection (a) is the sum of the amounts authorized to be appropriated in such paragraphs reduced by $19,300,000, which represents the combination of project savings in military construction resulting from favorable bids, reduced overhead charges, and cancellations due to force structure changes. SEC. 2205. AUTHORIZATION TO ACCEPT ELECTRICAL SUBSTATION
IMPROVEMENTS, GUAM.
The Secretary of the Navy may accept from the Guam Power Authority various improvements to electrical transformers at the Agana and Harmon Substations in Guam, which are valued at approximately $610,000 and are to be performed in accordance with plans and specifications acceptable to the Secretary.
SEC. 2206. CORRECTION IN AUTHORIZED USE OF FUNDS, MARINE
CORPS COMBAT DEVELOPMENT COMMAND, QUANTICO,
VIRGINIA.
The Secretary of the Navy may carry out a military construction project involving infrastructure development at the Marine Corps Combat Development Command, Quantico, Virginia, in the amount of $8,900,000, using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(1) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104-201; 110 Stat. 2769) for a military construction project involving a sanitary landfill at that installation, as authorized by section 2201(a) of that Act (110 Stat. 2767).
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(1), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations and locations inside the United States, and in the amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Alabama...................... Maxwell Air Force Base... $10,600,000
Alaska....................... Eielson Air Force Base... $24,100,000
Elmendorf Air Force Base. $32,800,000
Arizona...................... Davis-Monthan Air Force $7,800,000
Base.
Arkansas..................... Little Rock Air Force $7,800,000
Base.
California................... Beale Air Force Base..... $8,900,000
Edwards Air Force Base... $5,500,000
Travis Air Force Base.... $11,200,000
Colorado..................... Peterson Air Force Base.. $40,000,000
Schriever Air Force Base. $16,100,000
U.S. Air Force Academy... $17,500,000
CONUS Classified............. Classified Location...... $16,870,000
Florida...................... Eglin Air Force Base..... $18,300,000
Eglin Auxiliary Field 9.. $18,800,000
MacDill Air Force Base... $5,500,000
Patrick Air Force Base... $17,800,000
Tyndall Air Force Base... $10,800,000
Georgia...................... Fort Benning............. $3,900,000
Moody Air Force Base..... $5,950,000
Robins Air Force Base.... $3,350,000
Hawaii....................... Hickam Air Force Base.... $3,300,000
Idaho........................ Mountain Home Air Force $17,000,000
Base.
Kansas....................... McConnell Air Force Base. $9,600,000
Kentucky..................... Fort Campbell............ $6,300,000
Mississippi.................. Columbus Air Force Base.. $5,100,000
Keesler Air Force Base... $27,000,000
Missouri..................... Whiteman Air Force Base.. $24,900,000
Nebraska..................... Offutt Air Force Base.... $8,300,000
Nevada....................... Nellis Air Force Base.... $18,600,000
New Jersey................... McGuire Air Force Base... $11,800,000
New Mexico................... Kirtland Air Force Base.. $14,000,000
North Carolina............... Fort Bragg............... $4,600,000
Pope Air Force Base...... $7,700,000
North Dakota................. Minot Air Force Base..... $3,000,000
Ohio......................... Wright-Patterson Air $35,100,000
Force Base.
Oklahoma..................... Tinker Air Force Base.... $23,800,000
Vance Air Force Base..... $12,600,000
South Carolina............... Charleston Air Force Base $18,200,000
Tennessee.................... Arnold Air Force Base.... $7,800,000
Texas........................ Dyess Air Force Base..... $5,400,000
Lackland Air Force Base.. $13,400,000
Laughlin Air Force Base.. $3,250,000
Randolph Air Force Base.. $3,600,000
Utah......................... Hill Air Force Base...... $4,600,000
Virginia..................... Langley Air Force Base... $6,300,000
Washington................... Fairchild Air Force Base. $15,550,000
McChord Air Force Base... $7,900,000
---------------
Total.................. $632,270,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(2), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations and locations outside the United States, and in the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Country Installation or location Amount
------------------------------------------------------------------------
Guam......................... Andersen Air Force Base.. $8,900,000
Italy........................ Aviano Air Base.......... $3,700,000
Korea........................ Osan Air Base............ $19,600,000
Portugal..................... Lajes Field, Azores...... $1,800,000
United Kingdom............... Ascension Island......... $2,150,000
Royal Air Force Feltwell. $3,000,000
Royal Air Force $18,200,000
Lakenheath. $17,600,000
Royal Air Force $1,700,000
Mildenhall.
Royal Air Force
Molesworth.
---------------
Total.................. $76,650,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(5)(A), the Secretary of the Air Force may construct or acquire family housing units (including land acquisition) at the installations, for the purposes, and in the amounts set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Arizona............................... Davis-Monthan Air Force 64 Units..................... $10,000,000
Base....................
California............................ Beale Air Force Base..... 60 Units..................... $8,500,000
Edwards Air Force Base... 188 Units.................... $32,790,000
Vandenberg Air Force Base 91 Units..................... $16,800,000
District of Columbia.................. Bolling Air Force Base... 72 Units..................... $9,375,000
Florida............................... Eglin Air Force Base..... 130 Units.................... $14,080,000
MacDill Air Force Base... 54 Units..................... $9,034,000
Kansas................................ McConnell Air Force Base. Safety Improvements.......... $1,363,000
Mississippi........................... Columbus Air Force Base.. 100 Units.................... $12,290,000
Montana............................... Malmstrom Air Force Base. 34 Units..................... $7,570,000
Nebraska.............................. Offutt Air Force Base.... 72 Units..................... $12,352,000
New Mexico............................ Hollomon Air Force Base.. 76 Units..................... $9,800,000
North Carolina........................ Seymour Johnson Air Force 78 Units..................... $12,187,000
Base....................
North Dakota.......................... Grand Forks Air Force 42 Units..................... $10,050,000
Base....................
Minot Air Force Base..... 72 Units..................... $10,756,000
Texas................................. Lackland Air Force Base.. 48 Units..................... $7,500,000
Portugal.............................. Lajes Field, Azores...... 75 Units..................... $12,964,000
---------------
Total...................... $197,411,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(5)(A), the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of military family housing units in an amount not to exceed $17,093,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, Unites States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(5)(A), the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $124,492,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1999, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $1,874,053,000 as follows:
(1) For military construction projects inside the United States authorized by section 2301(a), $602,270,000.
(2) For military construction projects outside the United States authorized by section 2301(b), $76,650,000.
(3) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $8,741,000.
(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $32,104,000.
(5) For military housing functions:
(A) For construction and acquisition, planning and design and improvement of military family housing and facilities,
$338,996,000.
(B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $821,892,000.
(b) Limitation on Total Cost of Construction Projects.--Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 of this Act may not exceed the total amount authorized to be appropriated under paragraphs
(1) and (2) of subsection (a).
(c) Adjustment.--The total amount authorized to be appropriated pursuant to paragraphs (1) through (5) of subsection (a) is the sum of the amounts authorized to be appropriated in such paragraphs reduced by $6,600,000, which represents the combination of project savings in military construction resulting from favorable bids, reduced overhead charges, and cancellations due to force structure changes.
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2405(a)(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations and locations inside the United States, and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Agency Installation or location Amount
------------------------------------------------------------------------
Chemical Demilitarization.... Blue Grass Army Depot, $206,800,000
Kentucky.
Defense Education Activity... Laurel Bay, South $2,874,000
Carolina................
Marine Corps Base, Camp $10,570,000
LeJeune, North Carolina.
Defense Logistics Agency..... Defense Distribution New $5,000,000
Cumberland,Pennsylvania.
Elmendorf Air Force Base, $23,500,000
Alaska..................
Eielson Air Force Base, $26,000,000
Alaska.
Fairchild Air Force Base, $12,400,000
Washington.
Various Locations........ $1,300,000
Defense Manpower Data Center. Presidio, Monterey, $28,000,000
California..............
National Security Agency..... Fort Meade, Maryland..... $2,946,000
Special Operations Command... Fleet Combat Training $4,700,000
Center, Dam Neck,
Virginia................
Fort Benning, Georgia.... $10,200,000
Fort Bragg, North $20,100,000
Carolina.
Mississippi Army $9,600,000
Ammunition Plant,
Mississippi.............
Naval Amphibious Base, $6,000,000
Coronado, California....
TRICARE Management Agency.... Andrews Air Force Base, $3,000,000
Maryland................
Cheatham Annex, Virginia. $1,650,000
Davis-Monthan Air Force $10,000,000
Base, Arizona...........
Fort Lewis, Washington... $5,500,000
Fort Riley, Kansas....... $6,000,000
Fort Sam Houston, Texas.. $5,800,000
Fort Wainwright, Alaska.. $133,000,000
Los Angeles Air Force $13,600,000
Base, California........
Marine Corps Air Station, $3,500,000
Cherry Point, North
Carolina................
Moody Air Force Base, $1,250,000
Georgia.
Naval Air Station, $3,780,000
Jacksonville, Florida...
Naval Air Station, $4,050,000
Norfolk, Virginia.
Naval Air Station, $4,150,000
Patuxent River, Maryland
Naval Air Station, $4,300,000
Pensacola, Florida.
Naval Air Station, $4,700,000
Whidbey Island,
Washington..............
Patrick Air Force Base, $1,750,000
Florida.
Travis Air Force Base, $7,500,000
California.
Wright-Patterson Air $3,900,000
Force Base, Ohio........
---------------
Total.................. $587,420,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2405(a)(2), the Secretary of Defense may acquire real property and carry out military construction projects for the installations and locations outside the United States, and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Agency Installation or location Amount
------------------------------------------------------------------------
Drug Interdiction and Counter- Manta, Ecuador........... $25,000,000
Drug Activities.............
Curacao, Netherlands $11,100,000
Antilles................
Defense Education Activity... Andersen Air Force Base, $44,170,000
Guam....................
Naval Station Rota, Spain $17,020,000
Royal Air Force, $4,570,000
Feltwell, United Kingdom
Royal Air Force, $3,770,000
Lakenheath, United
Kingdom.................
Defense Logistics Agency..... Andersen Air Force Base, $24,300,000
Guam.
Moron Air Base, Spain.... $15,200,000
National Security Agency..... Royal Air Force, Menwith $500,000
Hill Station, United
Kingdom.................
Tri-Care Management Agency... Naval Security Group $4,000,000
Activity, Sabana Seca,
Puerto Rico.............
Ramstein Air Force Base, $7,100,000
Germany.
Royal Air Force, $7,100,000
Lakenheath, United
Kingdom.................
Yongsan, Korea........... $41,120,000
---------------
Total.................. $204,950,000
------------------------------------------------------------------------
SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriation in section 2405(a)(8)(A), the Secretary of Defense may improve existing military family housing units in an amount not to exceed $50,000.
SEC. 2403. MILITARY HOUSING IMPROVEMENT PROGRAM.
Of the amount authorized to be appropriated by section 2405(a)(8)(C), $78,756,000 shall be available for credit to the Department of Defense Family Housing Fund established by section 2883(a)(1) of title 10, United States Code.
SEC. 2404. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2405(a)(6), the Secretary of Defense may carry out energy conservation projects under section 2865 of title 10, United States Code, in the amount of $6,558,000.
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1999, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), in the total amount of $1,618,965,000 as follows:
(1) For military construction projects inside the United States authorized by section 2401(a), $288,420,000.
(2) For military construction projects outside the United States authorized by section 2401(b), $204,950,000.
(3) For unspecified minor construction projects under section 2805 of title 10, United States Code, $18,618,000.
(4) For contingency construction projects of the Secretary of Defense under section 2804 of title 10, United States Code, $938,000.
(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $49,024,000.
(6) For Energy Conservation projects authorized by section 2404 of this Act, $6,558,000.
(7) For base closure and realignment activities as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), $705,911,000.
(8) For military family housing functions:
(A) For improvement of military family housing and facilities, $50,000.
(B) For support of military housing (including functions described in section 2833 of title 10, United States Code),
$41,440,000 of which not more than $35,639,000 may be obligated or expended for the leasing of military family housing units worldwide.
(C) For credit to the Department of Defense Family Housing Improvement Fund as authorized by section 2403 of this Act,
$78,756,000.
(9) For the construction of the Ammunition Demilitarization Facility, Anniston Army Depot, Alabama, authorized in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 1991 (division B of Public Law 101-510; 104 Stat. 1758), section 2101(a) of the Military Construction Authorization Act for Fiscal Year 1992 and 1993 (division B of Public Law 102-190; 105 Stat. 1508), section 2101(a) of the Military Construction Authorization Act for Fiscal Year 1993 (division B of Public Law 102-484; 106 Stat. 2586); and section 2401 of the Military Construction Authorization Act for Fiscal Year 1995 (division B of Public Law 103-337, 108 Stat. 3040), $7,000,000.
(10) For the construction of the Ammunition Demilitarization Facility, Pine Bluff Arsenal, Arkansas, authorized in section 2401 of Military Construction Authorization Act for Fiscal Year 1995 (division B of Public Law 103-337; 108 Stat. 3040), as amended by section 2407 of the National Defense Authorization Act for Fiscal Year 1996
(division B of Public Law 104-106; 110 Stat. 539), section 2408 of the Military Construction Authorization Act for Fiscal Year 1998 (division B of Public Law 105-85; 111 Stat. 1982), and section 2406 of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2197), $61,800,000.
(11) For the construction of the Ammunition Demilitarization Facility, Umatilla Army Depot, Oregon, authorized in section 2401 of the Military Construction Authorization Act for Fiscal Year 1995 (division B of Public Law 103-337; 108 Stat. 3040), as amended by section 2407 of the Military Construction Authorization Act for Fiscal Year 1996 (division B of Public Law 104-106; 110 Stat. 539), section 2408 of the Military Construction Authorization Act for Fiscal Year 1998 (division B of Public Law 105-85; 111 Stat. 1982); and section 2406 of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2197), $35,900,000.
(12) For the construction of the Ammunition Demilitarization Facility, Aberdeen Proving Ground, Maryland, authorized in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2193), $66,600,000.
(13) For the construction of the Ammunition Demilitarization Facility at Newport Army Depot, Indiana, authorized in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2193), $61,200,000.
(14) For the construction of the Ammunition Demilitarization Facility, Pueblo Army Depot, Colorado, authorized in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104-201; 110 Stat. 2775), as amended by section 2406 of this Act, $11,800,000.
(b) Limitation of Total Cost of Construction Projects.--Notwithstanding the cost variation authorized by section 2853 of title 10, United States Code, and any other cost variations authorized by law, the total cost of all projects carried out under section 2401 of this Act may not exceed--
(1) the total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a);
(2) $115,000,000 (the balance of the amount authorized under section 2401(a) for the construction of a replacement hospital at Fort Wainwright, Alaska); and
(3) $184,000,000 (the balance of the amount authorized under section 2401(a) for the construction of a chemical demilitarization facility at Blue Grass Army Depot, Kentucky).
(c) Adjustment.--The total amount authorized to be appropriated pursuant to paragraphs (1) through (14) of subsection (a) is the sum of the amounts authorized to be appropriated in such paragraphs reduced by $20,000,000, which represents the combination of project savings in military construction resulting from favorable bids, reduced overhead charges, and cancellations due to force structure changes.
SEC. 2406. INCREASE IN FISCAL YEAR 1997 AUTHORIZATION FOR
MILITARY CONSTRUCTION PROJECTS AT PUEBLO
CHEMICAL ACTIVITY, COLORADO.
The table in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104-201; 110 Stat. 2775), is amended--
(1) in the item relating to Pueblo Chemical Activity, Colorado, under the agency heading relating to Chemical Demilitarization Program by striking ``$179,000,000'' in the amount column and inserting ``$203,500,000''; and
(2) by striking the amount identified as the total in the amount column and inserting ``$549,954,000''.
(b) Conforming Amendment.--Section 2406(b)(2) of that Act
(110 Stat. 2779) is amended by striking ``$179,000,000'' and inserting ``$203,500,000''.
SEC. 2407. CONDITION ON OBLIGATION OF MILITARY CONSTRUCTION
FUNDS FOR DRUG INTERDICTION AND COUNTER-DRUG
ACTIVITIES.
In addition to the conditions specified in section 1022 on the development of forward operating locations for United States Southern Command counter-drug detection and monitoring flights, amounts appropriated pursuant to the authorization of appropriations in section 2405(a)(2) for the projects set forth in the table in section 2401(b) under the heading
``Drug Interdiction and Counter-Drug Activities'' may not be obligated until after the end of the 30-day period beginning on the date on which the Secretary of Defense submits to Congress a report describing in detail the purposes for which the amounts will be obligated and expended.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1999, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment program authorized by section 2501, in the amount of $191,000,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years beginning after September 30, 1999, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States,
$123,878,000; and
(B) for the Army Reserve, $92,515,000.
(2) For the Department of the Navy, for the Naval and Marine Corps Reserve, $21,574,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$151,170,000; and
(B) for the Air Force Reserve, $48,564,000.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as provided in subsection (b), all authorizations contained in titles XXI through XXVI for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment program (and authorizations of appropriations therefor) shall expire on the later of--
(1) October 1, 2002; or
(2) the date of enactment of an Act authorizing funds for military construction for fiscal year 2003.
(b) Exception.--Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of--
(1) October 1, 2002; or
(2) the date of the enactment of an Act authorizing funds for fiscal year 2003 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1997 PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 1997
(division B of Public Law 104-201; 110 Stat. 2782), authorizations for the projects set forth in the tables in subsection (b), as provided in section 2101, 2201, 2202, or 2601 of that Act and amended by section 2406 of this Act, shall remain in effect until October 1, 2000, or the date of enactment of an Act authorizing funds for military construction for fiscal year 2001, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as follows:
Army: Extension of 1997 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Colorado.............................. Pueblo Army Depot........ Ammunition Demilitarization $203,500,000
Facility....................
----------------------------------------------------------------------------------------------------------------
Navy: Extension of 1997 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Virginia.............................. Marine Corps Combat Infrastructure Development... $8,900,000
Development Command.....
----------------------------------------------------------------------------------------------------------------
Navy: Extension of 1997 Family Housing Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Family Housing Amount
----------------------------------------------------------------------------------------------------------------
Florida............................... Mayport Naval Station.... 100 units.................... $10,000,000
Maine................................. Brunswick Naval Air 92 units..................... $10,925,000
Station.................
North Carolina........................ Camp Lejuene............. 94 units..................... $10,110,000
South Carolina........................ Beaufort Marine Corps Air 140 units.................... $14,000,000
Station.................
Texas................................. Corpus Christi Naval 104 units.................... $11,675,000
Complex.................
Kingsville Naval Air 48 units..................... $7,550,000
Station.................
Washington............................ Everett Naval Station.... 100 units.................... $15,015,000
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1997 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Mississippi........................... Camp Shelby.............. Multi-Purpose Range (Phase $5,000,000
II).........................
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR
1996 PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 1996
(division B of Public Law 104-106; 110 Stat. 541), authorizations for the projects set forth in the tables in subsection (b), as provided in section 2202 or 2601 of that Act and extended by section 2702 of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2199), shall remain in effect until October 1, 2000, or the date of enactment of an Act authorizing funds for military construction for fiscal year 2001, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are as follows:
Navy: Extension of 1996 Family Housing Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Family Housing Amount
----------------------------------------------------------------------------------------------------------------
California............................ Camp Pendleton........... 138 units.................... $20,000,000
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1996 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Mississippi........................... Camp Shelby.............. Multipurpose Range Complex $5,000,000
(Phase I)...................
Missouri.............................. National Guard Training Multipurpose Range........... $2,236,000
Site, Jefferson City....
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on the later of--
(1) October 1, 1999; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. CONTRIBUTIONS FOR NORTH ATLANTIC TREATY
ORGANIZATIONS SECURITY INVESTMENT.
Section 2806(a) of title 10, United States Code, is amended by inserting before the period at the end the following: ``, including support for the actual implementation of a military operations plan approved by the North Atlantic Council''.
SEC. 2802. DEVELOPMENT OF FORD ISLAND, HAWAII.
(a) Conditional Authority To Develop.--(1) Subchapter I of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section:
``Sec. 2814. Special authority for development of Ford
Island, Hawaii
``(a) In General.--(1) Subject to paragraph (2), the Secretary of the Navy may exercise any authority or combination of authorities in this section for the purpose of developing or facilitating the development of Ford Island, Hawaii, to the extent that the Secretary determines the development is compatible with the mission of the Navy.
``(2) The Secretary of the Navy may not exercise any authority under this section until--
``(A) the Secretary submits to the appropriate committees of Congress a master plan for the development of Ford Island, Hawaii; and
``(B) a period of 30 calendar days has elapsed following the date on which the notification is received by those committees.
``(b) Conveyance Authority.--(1) The Secretary of the Navy may convey to any public or private person or entity all right, title, and interest of the United States in and to any real property (including any improvements thereon) or personal property under the jurisdiction of the Secretary in the State of Hawaii that the Secretary determines--
``(A) is excess to the needs of the Navy and all of the other armed forces; and
``(B) will promote the purpose of this section.
``(2) A conveyance under this subsection may include such terms and conditions as the Secretary considers appropriate to protect the interests of the United States.
``(c) Lease Authority.--(1) The Secretary of the Navy may lease to any public or private person or entity any real property or personal property under the jurisdiction of the Secretary in the State of Hawaii that the Secretary determines--
``(A) is excess to the needs of the Navy and all of the other armed forces; and
``(B) will promote the purpose of this section.
``(2) A lease under this subsection shall be subject to section 2667(b)(1) of this title and may include such others terms as the Secretary considers appropriate to protect the interests of the United States.
``(3) A lease of real property under this subsection may provide that, upon termination of the lease term, the lessee shall have the right of first refusal to acquire the real property covered by the lease if the property is then conveyed under subsection (b).
``(4)(A) The Secretary may provide property support services to or for real property leased under this subsection.
``(B) To the extent provided in appropriations Acts, any payment made to the Secretary for services provided under this paragraph shall be credited to the appropriation, account, or fund from which the cost of providing the services was paid.
``(d) Acquisition of Leasehold Interest by Secretary.--(1) The Secretary of the Navy may acquire a leasehold interest in any facility constructed under subsection (f) as consideration for a transaction authorized by this section upon such terms as the Secretary considers appropriate to promote the purpose of this section.
``(2) The term of a lease under paragraph (1) may not exceed 10 years, unless the Secretary of Defense approves a term in excess of 10 years for purposes of this section.
``(3) A lease under this subsection may provide that, upon termination of the lease term, the United States shall have the right of first refusal to acquire the facility covered by the lease.
``(4) The Secretary of the Navy may enter into a lease under this subsection only if the lease is specifically authorized by a law enacted after the date of the enactment of this section.
``(e) Requirement for Competition.--The Secretary of the Navy shall use competitive procedures for purposes of selecting the recipient of real or personal property under subsection (b) and the lessee of real or personal property under subsection (c).
``(f) Consideration.--(1) As consideration for the conveyance of real or personal property under subsection (b), or for the lease of real or personal property under subsection (c), the Secretary of the Navy shall accept cash, real property, personal property, or services, or any combination thereof, in an aggregate amount equal to not less than the fair market value of the real or personal property conveyed or leased.
``(2) Subject to subsection (i), the services accepted by the Secretary under paragraph (1) may include the following:
``(A) The construction or improvement of facilities at Ford Island.
``(B) The restoration or rehabilitation of real property at Ford Island.
``(C) The provision of property support services for property or facilities at Ford Island.
``(g) Notice and Wait Requirements.--The Secretary of the Navy may not carry out a transaction authorized by this section until--
``(1) the Secretary submits to the appropriate committees of Congress a notification of the transaction, including--
``(A) a detailed description of the transaction; and
``(B) a justification for the transaction specifying the manner in which the transaction will meet the purposes of this section; and
``(2) a period of 30 calendar days has elapsed following the date on which the notification is received by those committees.
``(h) Ford Island Improvement Account.--(1) There is established on the books of the Treasury an account to be known as the `Ford Island Improvement Account'.
``(2) There shall be deposited into the account the following amounts:
``(A) Amounts authorized and appropriated to the account.
``(2) Except as provided in subsection (c)(4)(B), the amount of any cash payment received by the Secretary for a transaction under this section.
``(i) Use of Account.--(1) Subject to paragraph (2), to the extent provided in advance in appropriation Acts, funds in the Ford Island Improvement Account may be used as follows:
``(A) To carry out or facilitate the carrying out of a transaction authorized by this section.
``(B) To carry out improvements of property or facilities at Ford Island.
``(C) To obtain property support services for property or facilities at Ford Island.
``(2) To extent that the authorities provided under subchapter IV of this chapter are available to the Secretary of the Navy, the Secretary may not use the authorities in this section to acquire, construct, or improve family housing units, military unaccompanied housing units, or ancillary supporting facilities related to military housing.
``(3)(A) The Secretary may transfer funds from the Ford Island Improvement Account to the following funds:
``(i) The Department of Defense Family Housing Improvement Fund established by section 2883(a)(1) of this title.
``(ii) The Department of Defense Military Unaccompanied Housing Improvement Fund established by section 2883(a)(2) of this title.
``(B) Amounts transferred under subparagraph (A) to a fund referred to in that subparagraph shall be available in accordance with the provisions of section 2883 of this title for activities authorized under subchapter IV of this chapter at Ford Island.
``(j) Inapplicability of Certain Property Management Laws.--Except as otherwise provided in this section, transactions under this section shall not be subject to the following:
``(1) Sections 2667 and 2696 of this title.
``(2) Section 501 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411).
``(3) Sections 202 and 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483, 484).
``(k) Scoring.--Nothing in this section shall be construed to waive the applicability to any lease entered into under this section of the budget scorekeeping guidelines used to measure compliance with the Balanced Budget Emergency Deficit Control Act of 1985.
``(l) Property Support Service Defined.--In this section, the term `property support service' means the following:
``(1) Any utility service or other service listed in section 2686(a) of this title.
``(2) Any other service determined by the Secretary to be a service that supports the operation and maintenance of real property, personal property, or facilities.''.
(2) The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:
``2814. Special authority for development of Ford Island, Hawaii.''.
(b) Conforming Amendments.--Section 2883(c) of title 10, United States Code, is amended--
(1) in paragraph (1), by adding at the end the following new subparagraph:
``(E) Any amounts that the Secretary of the Navy transfers to that Fund pursuant to section 2814(i)(3) of this title, subject to the restrictions on the use of the transferred amounts specified in that section.''; and
(2) in paragraph (2), by adding at the end the following new subparagraph:
``(E) Any amounts that the Secretary of the Navy transfers to that Fund pursuant to section 2814(i)(3) of this title, subject to the restrictions on the use of the transferred amounts specified in that section.''.
SEC. 2803. RESTRICTION ON AUTHORITY TO ACQUIRE OR CONSTRUCT
ANCILLARY SUPPORTING FACILITIES FOR HOUSING
UNITS.
Section 2881 of title 10, United States Code, is amended--
(1) by inserting ``(a) Authority To Acquire or Construct.--
'' before ``Any project''; and
(2) by adding at the end the following new subsection:
``(b) Restriction.--The ancillary supporting facilities authorized by subsection (a) may not be in direct competition with any resale activities provided by the Defense Commissary Agency or the Army and Air Force Exchange Service, the Navy Exchange Service Command, Marine Corps exchanges, or any other nonappropriated fund instrumentality of the United States under the jurisdiction of the armed forces which is conducted for the morale, welfare and recreation of members of the armed forces.''.
SEC. 2804. PLANNING AND DESIGN FOR MILITARY CONSTRUCTION
PROJECTS FOR RESERVE COMPONENTS.
Section 18233(f)(1) of title 10, United States Code, is amended by inserting ``design,'' after ``planning,''. SEC. 2805. LIMITATIONS ON AUTHORITY TO CARRY OUT SMALL
PROJECTS FOR ACQUISITION OF FACILITIES FOR
RESERVE COMPONENTS.
(a) Unspecified Minor Construction Projects to Correct Life, Health, or Safety Threats.--Subsection (a)(2) of section 18233a of title 10, United States Code, is amended by adding at the end the following new subparagraph:
``(C) An unspecified minor construction project intended solely to correct a deficiency that is life-threatening, health-threatening, or safety-threatening, except that the expenditure or contribution for the project may not exceed
$3,000,000.''.
(b) Use of Operation and Maintenance Funds To Correct Life, Health, or Safety Threats.--Subsection (b) of such section is amended by inserting after ``or less'' the following: ``(or
$1,000,000 or less if the project is intended solely to correct a deficiency that is life-threatening, health-threatening, or safety-threatening).''.
SEC. 2806. EXPANSION OF ENTITIES ELIGIBLE TO PARTICIPATE IN
ALTERNATIVE AUTHORITY FOR ACQUISITION AND
IMPROVEMENT OF MILITARY HOUSING.
(a) Definition of Eligible Entity.--Section 2871 of title 10, United States Code, is amended--
(1) by redesignating paragraphs (5) through (7) as paragraphs (6) through (8) respectively; and
(2) by inserting after paragraph (4) the following new paragraph:
``(5) The term `eligible entity' means any individual, corporation, firm, partnership, company, State or local government, or housing authority of a State or local government.''.
(b) General Authority.--Section 2872 of such title is amended by striking ``private persons'' and inserting
``eligible entities''.
(c) Direct Loans and Loan Guarantees.--Section 2873 of such title is amended--
(1) in subsection (a)(1)--
(A) by striking ``persons in the private sector'' and inserting ``an eligible entity''; and
(B) by striking ``such persons'' and inserting ``the eligible entity''; and
(2) in subsection (b)(1)--
(A) by striking ``any person in the private sector'' and inserting ``an eligible entity''; and
(B) by striking ``the person'' and inserting ``the eligible entity''.
(d) Investments.--Section 2875 of such title is amended--
(1) in subsection (a), by striking ``nongovernmental entities'' and inserting ``an eligible entity'';
(2) in subsection (c)--
(A) by striking ``a nongovernmental entity'' both places it appears and inserting ``an eligible entity''; and
(B) by striking ``the entity'' each place it appears and inserting ``the eligible entity'';
(3) in subsection (d), by striking ``nongovernmental'' and inserting ``eligible''; and
(4) in subsection (e), by striking ``a nongovernmental entity'' and inserting ``an eligible entity''.
(e) Rental Guarantees.--Section 2876 of such title is amended by striking ``private persons'' and inserting
``eligible entities''.
(f) Differential Lease Payments.--Section 2877 of such title is amended by striking ``private''.
(g) Conveyance or Lease of Existing Property and Facilities.--Section 2878(a) of such title is amended by striking ``private persons'' and inserting ``eligible entities''.
(h) Clerical Amendments.--(1) The heading of section 2875 of such title is amended to read as follows:
``Sec. 2875. Investments''.
(2) The table of sections at the beginning of subchapter IV of chapter 169 of such title is amended by striking the item relating to such section and inserting the following new item:
``2875. Investments.''.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. EXTENSION OF AUTHORITY FOR LEASE OF LAND FOR
SPECIAL OPERATIONS ACTIVITIES.
Section 2680(d) of title 10, United States Code, is amended by striking ``September 30, 2000'' and inserting ``September 30, 2005''.
SEC. 2812. UTILITY PRIVATIZATION AUTHORITY.
(a) Extended Contracts for Utility Services.--Subsection
(c) of section 2688 of title 10, United States Code, is amended by adding at the end the following new paragraph:
``(3) A contract for the receipt of utility services as consideration under paragraph (1), or any other contract for utility services entered into by the Secretary concerned in connection with the conveyance of a utility system under this section, may be for a period not to exceed 50 years.''.
(b) Definition of Utility System.--Subsection (g)(2)(B) of such section is amended by striking ``Easements'' and inserting ``Real property, easements,''.
(c) Funds To Facilitate Privatization.--Such section is further amended--
(1) by redesignating subsections (g) and (h) as subsections
(i) and (j); and
(2) by inserting after subsection (f) the following new subsection:
``(g) Assistance for Construction, Repair, or Replacement of Utility Systems.--In lieu of carrying out a military construction project to construct, repair, or replace a utility system, the Secretary concerned may use funds authorized and appropriated for the project to facilitate the conveyance of the utility system under this section by making a contribution toward the cost of construction, repair, or replacement of the utility system by the entity to which the utility system is being conveyed. The Secretary concerned shall consider any such contribution in the economic analysis required under subsection (e).''.
SEC. 2813. ACCEPTANCE OF FUNDS TO COVER ADMINISTRATIVE
EXPENSES RELATING TO CERTAIN REAL PROPERTY
TRANSACTIONS.
Section 2695(b) of title 10, United States Code, is amended--
(1) by inserting ``involving real property under the control of the Secretary of a military department'' after
``transactions''; and
(2) by adding at the end the following new paragraph:
``(4) The disposal of real property of the United States for which the Secretary will be the disposal agent.''.
SEC. 2814. STUDY AND REPORT ON IMPACTS TO MILITARY READINESS
OF PROPOSED LAND MANAGEMENT CHANGES ON PUBLIC
LANDS IN UTAH.
(a) Utah National Defense Lands Defined.--In this section, the term ``Utah national defense lands'' means public lands under the jurisdiction of the Bureau of Land Management in the State of Utah that are adjacent to or near the Utah Test and Training Range and Dugway Proving Ground or beneath the Military Operating Areas, Restricted Areas, and airspace that make up the Utah Test and Training Range.
(b) Readiness Impact Study.--The Secretary of Defense shall conduct a study to evaluate the impact upon military training, testing, and operational readiness of any proposed changes in land management of the Utah national defense lands. In conducting the study, the Secretary of Defense shall consider the following:
(1) The present military requirements for and missions conducted at Utah Test and Training Range, as well as projected requirements for the support of aircraft, unmanned aerial vehicles, missiles, munitions and other military requirements.
(2) The future requirements for force structure and doctrine changes, such as the Expeditionary Aerospace Force concept, that could require the use of the Utah Test and Training Range.
(3) All other pertinent issues, such as overflight requirements, access to electronic tracking and communications sites, ground access to respond to emergency or accident locations, munitions safety buffers, noise requirements, ground safety and encroachment issues.
(c) Cooperation and Coordination.--The Secretary of Defense shall conduct the study in cooperation with the Secretary of the Air Force and the Secretary of the Army and coordinate the study with the Secretary of the Interior.
(d) Effect of Study.--Until the Secretary of Defense submits to Congress a report containing the results of the study, the Secretary of the Interior may not proceed with the amendment of any individual resource management plan for Utah national defense lands, or any statewide environmental impact statement or statewide resource management plan amendment package for such lands, if the statewide environmental impact statement or statewide resource management plan amendment addresses wilderness characteristics or wilderness management issues affecting such lands.
Subtitle C--Defense Base Closure and Realignment
SEC. 2821. CONTINUATION OF AUTHORITY TO USE DEPARTMENT OF
DEFENSE BASE CLOSURE ACCOUNT 1990 FOR
ACTIVITIES REQUIRED TO CLOSE OR REALIGN
MILITARY INSTALLATIONS.
(a) Duration of Account.--Subsection (a) of section 2906 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by adding at the end the following new paragraph:
``(3) The Account shall be closed at the time and in the manner provided for appropriation accounts under section 1555 of title 31, United States Code. Unobligated funds which remain in the Account upon closure shall be held by the Secretary of the Treasury until transferred by law after the congressional defense committees receive the final report transmitted under subsection (c)(2).''.
(b) Effect of Continuation on Use of Account.--Subsection
(b)(1) of such section is amended by adding at the end the following new sentence: ``After July 13, 2001, the Account shall be the sole source of Federal funds for environmental restoration, property management, and other caretaker costs associated with any real property at military installations closed or realigned under this part or such title II.''.
(c) Conforming Amendments.--Such section is further amended--
(1) in subsection (c)--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2) and, in such paragraph, by inserting after ``this part'' the following: ``and no later than 60 days after the closure of the Account under subsection (a)(3)''; and
(2) in subsection (e), by striking ``the termination of the authority of the Secretary to carry out a closure or realignment under this part'' and inserting ``the closure of the Account under subsection (a)(3)''.
Subtitle D--Land Conveyances
PART I--ARMY CONVEYANCES
SEC. 2831. TRANSFER OF JURISDICTION, FORT SAM HOUSTON, TEXAS.
(a) Transfer of Land for Inclusion in National Cemetery.--The Secretary of the Army may transfer, without reimbursement, to the administrative jurisdiction of the Secretary of Veterans Affairs a parcel of real property, including any improvements thereon, consisting of approximately 152 acres and comprising a portion of Fort Sam Houston, Texas.
(b) Use of Land.--The Secretary of Veterans Affairs shall include the real property transferred under subsection (a) in the Fort Sam Houston National Cemetery and use the conveyed property as a national cemetery under chapter 24 of title 38, United States Code.
(c) Legal Description.--The exact acreage and legal description of the real property to be transferred under this section shall be determined by a survey satisfactory to the Secretary of the Army. The cost of the survey shall be borne by the Secretary of Veterans Affairs.
(d) Additional Terms and Conditions.--The Secretary of the Army may require such additional terms and conditions in connection with the transfer under this section as the Secretary of the Army considers appropriate to protect the interests of the United States.
SEC. 2832. LAND CONVEYANCE, ARMY RESERVE CENTER, KANKAKEE,
ILLINOIS.
(a) Conveyance Authorized.--The Secretary of the Army may convey, without consideration, to the City of Kankakee, Illinois (in this section referred to as the ``City''), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, that is located at 1600 Willow Street in Kankakee, Illinois, and contains the vacant Stefaninch Army Reserve Center for the purpose of permitting the City to use the parcel for economic development and other public purposes.
(b) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the City.
(c) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2833. LAND CONVEYANCE, FORT DES MOINES, IOWA.
(a) Conveyance Authorized.--The Secretary of the Army may convey, without consideration, to the Fort Des Moines Black Officers Memorial, Inc., a nonprofit corporation organized in the State of Iowa (in this section referred to as the
``Corporation''), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, located at Fort Des Moines, Iowa, and containing the post chapel (building #49) and Clayton Hall
(building #46) for the purpose of permitting the Corporation to develop and use the parcel as a memorial and for educational purposes.
(b) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the Corporation.
(c) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2834. LAND CONVEYANCE, ARMY MAINTENANCE SUPPORT ACTIVITY
(MARINE) NUMBER 84, MARCUS HOOK, PENNSYLVANIA.
(a) Conveyance Authorized.--The Secretary of the Army may convey, without consideration, to the Borough of Marcus Hook, Pennsylvania (in this section referred to as the
``Borough''), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 5 acres that is located at 7 West Delaware Avenue in Marcus Hook, Pennsylvania, and contains the facility known as the Army Maintenance Support Activity (Marine) Number 84, for the purpose of permitting the Borough to develop the parcel for recreational or economic development purposes.
(b) Condition of Conveyance.--The conveyance under subsection (a) shall be subject to the condition that the Borough--
(1) use the conveyed property, directly or through an agreement with a public or private entity, for recreational or economic purposes; or
(2) convey the property to an appropriate public or private entity for use for such purposes.
(c) Reversion.--If the Secretary determines at any time that the real property conveyed under subsection (a) is not being used for recreational or economic development purposes, as required by subsection (b), all right, title, and interest in and to the property conveyed under subsection (a), including any improvements thereon, shall revert to the United States, and the United States shall have the right of immediate entry thereon. Any determination of the Secretary under this subsection shall be made on the record after an opportunity for a hearing.
(d) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the Borough.
(e) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2835. LAND CONVEYANCES, ARMY DOCKS AND RELATED PROPERTY,
ALASKA.
(a) Juneau National Guard Dock.--The Secretary of the Army may convey, without consideration, to the City of Juneau, Alaska, all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, located at 1030 Thane Highway in Juneau, Alaska, and consisting of approximately 0.04 acres and the appurtenant facility known as the Juneau National Guard Dock.
(b) Whittier Delong Dock.--The Secretary may convey, without consideration, to the Alaska Railroad Corporation all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, located in Whittier, Alaska, and consisting of approximately 6.13 acres and the appurtenant facility known as the DeLong Dock.
(c) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsections (a) and (b) shall be determined by surveys satisfactory to the Secretary. The cost of the surveys shall be borne by the recipient of the real property.
(d) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyances under subsection (a) and (b) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2836. LAND CONVEYANCE, FORT HUACHUCA, ARIZONA.
(a) Conveyance Authorized.--The Secretary of the Army may convey, without consideration, to the Veterans Services Commission of the State of Arizona (in this section referred to as the ``Commission''), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 130 acres at Fort Huachuca, Arizona, for the purpose of permitting the Commission to establish a State-run cemetery for veterans.
(b) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the Commission.
(c) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2837. LAND CONVEYANCE, ARMY RESERVE CENTER, CANNON
FALLS, MINNESOTA.
(a) Conveyance Authorized.--The Secretary of the Army may convey, without consideration, to the Cannon Falls Area Schools, Minnesota Independent School District Number 252 (in this section referred to as the ``District''), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, that is located at 710 State Street East in Cannon Falls, Minnesota, and contains an Army Reserve Center for the purpose of permitting the District to develop the parcel for educational purposes.
(b) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the District.
(c) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2838. LAND CONVEYANCE, NIKE BATTERY 80 FAMILY HOUSING
SITE, EAST HANOVER TOWNSHIP, NEW JERSEY.
(a) Conveyance Authorized.--The Secretary of the Army may convey, without consideration, to the Township Council of East Hanover, New Jersey (in this section referred to as the
``Township''), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 13.88 acres located near the unincorporated area of Hanover Neck in East Hanover, New Jersey, and was a former family housing site for Nike Battery 80, for the purpose of permitting the Township to develop the parcel for affordable housing and for recreational purposes.
(b) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the Township.
(c) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2839. LAND EXCHANGE, ROCK ISLAND ARSENAL, ILLINOIS.
(a) Conveyance Authorized.--The Secretary of the Army may convey to the City of Moline, Illinois (in this section referred to as the ``City''), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately
.3 acres at the Rock Island Arsenal for the purpose of permitting the City to construct a new entrance and exit ramp for the bridge that crosses the southeast end of the island containing the Arsenal.
(b) Consideration.--As consideration for the conveyance under subsection (a), the City shall convey to the Secretary all right, title, and interest of the City in and to a parcel of real property consisting of approximately .2 acres and located in the vicinity of the parcel to be conveyed under subsection (a).
(c) Description of Property.--The exact acreage and legal description of the parcels to be conveyed under this section shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the City.
(d) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyances under this section as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2840. MODIFICATION OF LAND CONVEYANCE, JOLIET ARMY
AMMUNITION PLANT, ILLINOIS.
Section 2922(c) of the Military Construction Authorization Act for Fiscal Year 1996 (division B of Public Law 104-106; 110 Stat. 605) is amended--
(1) by inserting ``(1)'' before ``The conveyance''; and
(2) by adding at the end the following new paragraph:
``(2) The landfill established on the real property conveyed under subsection (a) may contain only waste generated in the county in which the landfill is established and waste generated in municipalities located at least in part in that county. The landfill shall be closed and capped after 23 years of operation.''.
SEC. 2841. LAND CONVEYANCES, TWIN CITIES ARMY AMMUNITION
PLANT, MINNESOTA.
(a) Conveyance to City Authorized.--The Secretary of the Army may convey to the City of Arden Hills, Minnesota (in this section referred to as the ``City''), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 4 acres at the Twin Cities Army Ammunition Plant, for the purpose of permitting the City to construct a city hall complex on the parcel.
(b) Conveyance to County Authorized.--The Secretary of the Army may convey to Ramsey County, Minnesota (in this section referred to as the ``County''), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 35 acres at the Twin Cities Army Ammunition Plant, for the purpose of permitting the County to construct a maintenance facility on the parcel.
(c) Consideration.--As consideration for the conveyances under this section, the City shall make the city hall complex available for use by the Minnesota National Guard for public meetings, and the County shall make the maintenance facility available for use by the Minnesota National Guard, as detailed in agreements entered into between the City, County, and the Commanding General of the Minnesota National Guard. Use of the city hall complex and maintenance facility by the Minnesota National Guard shall be without cost to the Minnesota National Guard.
(d) Description of Property.--The exact acreage and legal description of the real property to be conveyed under this section shall be determined by surveys satisfactory to the Secretary. The cost of the survey shall be borne by the recipient of the real property.
(e) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyances under this section as the Secretary considers appropriate to protect the interests of the United States.
PART II--NAVY CONVEYANCES
SEC. 2851. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL RESERVE
PLANT NO. 387, DALLAS, TEXAS.
(a) Conveyance Authorized.--(1) The Secretary of the Navy may convey to the City of Dallas, Texas (in this section referred to as the ``City''), all right, title, and interest of the United States in and to parcels of real property consisting of approximately 314 acres and comprising the Naval Weapons Industrial Reserve Plant No. 387, Dallas, Texas.
(2)(A) As part of the conveyance authorized by paragraph
(1), the Secretary may convey to the City such improvements, equipment, fixtures, and other personal property located on the parcels referred to in that paragraph as the Secretary determines to be not required by the Navy for other purposes.
(B) The Secretary may permit the City to review and inspect the improvements, equipment, fixtures, and other personal property located on the parcels referred to in paragraph (1) for purposes of the conveyance authorized by this paragraph.
(b) Authority To Convey Without Consideration.--The conveyance authorized by subsection (a) may be made without consideration if the Secretary determines that the conveyance on that basis would be in the best interests of the United States.
(c) Condition of Conveyance.--The conveyance authorized by subsection (a) shall be subject to the condition that the City--
(1) use the parcels, directly or through an agreement with a public or private entity, for economic purposes or such other public purposes as the City determines appropriate; or
(2) convey the parcels to an appropriate public entity for use for such purposes.
(d) Reversion.--If, during the 5-year period beginning on the date the Secretary makes the conveyance authorized by subsection (a), the Secretary determines that the conveyed real property is not being used for a purpose specified in subsection (c), all right, title, and interest in and to the property, including any improvements thereon, shall revert to the United States, and the United States shall have the right of immediate entry onto the property.
(e) Limitation on Certain Subsequent Conveyances.--(1) Subject to paragraph (2), if at any time after the Secretary makes the conveyance authorized by subsection (a) the City conveys any portion of the parcels conveyed under that subsection to a private entity, the City shall pay to the United States an amount equal to the fair market value (as determined by the Secretary) of the portion conveyed at the time of its conveyance under this subsection.
(2) Paragraph (1) applies to a conveyance described in that paragraph only if the Secretary makes the conveyance authorized by subsection (a) without consideration.
(3) The Secretary shall cover over into the General Fund of the Treasury as miscellaneous receipts any amounts paid the Secretary under this subsection.
(f) Interim Lease.--(1) Until such time as the real property described in subsection (a) is conveyed by deed under this section, the Secretary may continue to lease the property, together with improvements thereon, to the current tenant under the existing terms and conditions of the lease for the property.
(2) If good faith negotiations for the conveyance of the property continue under this section beyond the end of the third year of the term of the existing lease for the property, the Secretary shall continue to lease the property to the current tenant of the property under the terms and conditions applicable to the first three years of the lease of the property pursuant to the existing lease for the property.
(g) Maintenance of Property.--(1) Subject to paragraph (2), the Secretary shall be responsible for maintaining the real property to be conveyed under this section in its condition as of the date of the enactment of this Act until such time as the property is conveyed by deed under this section.
(2) The current tenant of the property shall be responsible for any maintenance required under paragraph (1) to the extent of the activities of that tenant at the property during the period covered by that paragraph.
(h) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the City.
(i) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2852. LAND CONVEYANCE, NAVAL AND MARINE CORPS RESERVE
CENTER, ORANGE, TEXAS.
(a) Conveyance Authorized.--The Secretary of the Navy may convey, without consideration, to the Orange County Navigation and Port District of Orange County, Texas (in this section referred to as the ``District''), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, at the Naval and Marine Corps Reserve Center in Orange, Texas, which consists of approximately 2.4 acres and contains the facilities designated as Buildings 135 and 163, for the purpose of permitting the District to develop the parcel for economic development, educational purposes, and the furtherance of navigation-related commerce.
(b) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the District.
(c) Reversionary Interest.--During the five-year period beginning on the date the Secretary makes the conveyance authorized under subsection (a), if the Secretary determines that the conveyed real property is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the property, including any improvements thereon, shall revert to the United States, and the United States shall have the right of immediate entry onto the property. Any determination of the Secretary under this subsection shall be made on the record after an opportunity for a hearing.
(d) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2853. LAND CONVEYANCE, MARINE CORPS AIR STATION, CHERRY
POINT, NORTH CAROLINA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey, without consideration, to the State of North Carolina
(in this section referred to as the ``State''), all right, title, and interest of the United States in and to a parcel of unimproved real property consisting of approximately 20 acres at the Marine Corps Air Station, Cherry Point, North Carolina, for the purpose of permitting the State to develop the parcel for educational purposes.
(b) Condition of Conveyance.--The conveyance authorized by subsection (a) shall be subject to the condition that the State convey to the United States such easements and rights-of-way regarding the parcel as the Secretary considers necessary to ensure use of the parcel by the State is compatible with the use of the Marine Corps Air Station.
(c) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the State.
(d) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
PART III--AIR FORCE CONVEYANCES
SEC. 2861. CONVEYANCE OF FUEL SUPPLY LINE, PEASE AIR FORCE
BASE, NEW HAMPSHIRE.
(a) Conveyance Authorized.--In conjunction with the disposal of property at former Pease Air Force Base, New Hampshire, under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), the Secretary of the Air Force may convey to the redevelopment authority for Pease Air Force Base all right, title, and interest of the United States in and to the deactivated fuel supply line at Pease Air Force Base, including the approximately 14.87 acres of real property associated with such supply line.
(b) Condition of Conveyance.--The conveyance authorized by subsection (a) may only be made if the redevelopment authority agrees to make the fuel supply line available for use by the New Hampshire Air National Guard under terms and conditions acceptable to the Secretary.
(c) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the redevelopment authority.
(d) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2862. LAND CONVEYANCE, TYNDALL AIR FORCE BASE, FLORIDA.
(a) Conveyance Authorized.--The Secretary of the Air Force may convey to Panama City, Florida (in this section referred to as the ``City''), all right, title, and interest, of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 33.07 acres in Bay County, Florida, and containing the military family housing project for Tyndall Air Force Base known as Cove Garden.
(b) Consideration.--As consideration for the conveyance under subsection (a), the City shall pay to the United States an amount equal to the fair market value of the real property to be conveyed, as determined by the Secretary.
(c) Use of Proceeds.--In such amounts as are provided in advance in appropriations Acts, the Secretary may use the funds paid by the City under subsection (b) to construct or improve military family housing units at Tyndall Air Force Base and to improve ancillary supporting facilities related to such housing.
(d) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the City.
(e) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2863. LAND CONVEYANCE, PORT OF ANCHORAGE, ALASKA.
(a) Conveyance Authorized.--The Secretary of the Air Force and the Secretary of the Interior may convey, without consideration, to the Port of Anchorage, an entity of the City of Anchorage, Alaska (in this section referred to as the
``Port''), all right, title, and interest of the United States in and to two parcels of real property, including improvements thereon, consisting of a total of approximately 14.22 acres located adjacent to the Port of Anchorage Marine Industrial Park in Anchorage, Alaska, and leased by the Port from the Department of the Air Force and the Bureau of Land Management.
(b) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Air Force and the Secretary of the Interior. The cost of the survey shall be borne by the Port.
(c) Additional Terms and Conditions.--The Secretary of the Air Force and the Secretary of the Interior may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretaries considers appropriate to protect the interests of the United States.
SEC. 2864. LAND CONVEYANCE, FORESTPORT TEST ANNEX, NEW YORK.
(a) Conveyance Authorized.--The Secretary of the Air Force may convey, without consideration, to the Town of Ohio, New York (in this section referred to as the ``Town''), all right, title, and interest, of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 164 acres in Herkimer County, New York, and approximately 18 acres in Oneida County, New York, and containing the Forestport Test Annex for the purpose of permitting the Town to develop the parcel for economic purposes and to further the provision of municipal services.
(b) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the Town.
(c) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
Subtitle E--Other Matters
SEC. 2871. EXPANSION OF ARLINGTON NATIONAL CEMETERY.
(a) Land Transfer, Navy Annex, Arlington, Virginia.--
(1) In general.--The Secretary of Defense shall provide for the transfer to the Secretary of the Army of administrative jurisdiction over the following parcels of land situated in Arlington, Virginia:
(A) Certain lands which comprise approximately 26 acres bounded by Columbia Pike to the south and east, Oak Street to the west, and the boundary wall of Arlington National Cemetery to the north including Southgate Road.
(B) Certain lands which comprise approximately 8 acres bounded by Shirley Memorial Boulevard (Interstate 395) to the south, property of the Virginia Department of Transportation to the west, Columbia Pike to the north, and Joyce Street to the east.
(C) Certain lands which comprise approximately 2.5 acres bounded by Shirley Memorial Boulevard (Interstate 395) to the south, Joyce Street to the west, Columbia Pike to the north, and the cloverleaf interchange of Route 100 and Columbia Pike to the east.
(2) Use of land.--The Secretary of the Army shall incorporate the parcels of land transferred under paragraph
(1) into Arlington National Cemetery.
(3) Remediation of land for cemetery use.--Before the transfer of administrative jurisdiction over the parcels of land under paragraph (1), the Secretary of Defense shall provide for the removal of any improvements on the parcels of land and, in consultation with the Superintendent of Arlington National Cemetery, the preparation of the land for use for interment of remains of individuals in Arlington National Cemetery.
(4) Negotiation with local officials.--Before the transfer of administrative jurisdiction over the parcels of land under paragraph (1), the Secretary of Defense shall enter into negotiations with appropriate State and local officials to acquire any real property, under the jurisdiction of such officials, that separates such parcels of land from each other.
(5) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report explaining in detail the measures required to prepare the land for use as a part of Arlington National Cemetery.
(6) Deadline.--The Secretary of Defense shall complete the transfer of administrative jurisdiction over the parcels of land under this subsection not later than the earlier of--
(A) January 1, 2010; or
(B) the date when those parcels are no longer required (as determined by the Secretary) for use as temporary office space due to the renovation of the Pentagon.
(b) Modification of Boundary of Arlington National Cemetery.--
(1) In general.--The Secretary of the Army shall modify the boundary of Arlington National Cemetery to include the following parcels of land situated in Fort Myer, Arlington, Virginia:
(A) Certain lands which comprise approximately 5 acres bounded by the Fort Myer Post Traditional Chapel to the southwest, McNair Road to the northwest, the Vehicle Maintenance Complex to the northeast, and the masonry wall of Arlington National Cemetery to the southeast.
(B) Certain lands which comprise approximately 3 acres bounded by the Vehicle Maintenance Complex to the southwest, Jackson Avenue to the northwest, the water pumping station to the northeast, and the masonry wall of Arlington National Cemetery to the southeast.
(2) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to Congress a report describing additional parcels of land located in Fort Myer, Arlington, Virginia, that may be suitable for use to expand Arlington National Cemetery.
(3) Survey.--The Secretary of the Army may determine the exact acreage and legal description of the parcels of land described in paragraph (1) by a survey.
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.
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2000 for weapons activities in carrying out programs necessary for national security in the amount of $4,541,500,000, to be allocated as follows:
(1) Stockpile stewardship.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2000 for stockpile stewardship in carrying out weapons activities necessary for national security programs in the amount of $2,258,700,000, to be allocated as follows:
(A) For core stockpile stewardship, $1,763,500,000, to be allocated as follows:
(i) For operation and maintenance, $1,640,355,000.
(ii) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior years, and land acquisition related thereto), $123,145,000, to be allocated as follows:
Project 00-D-103, terascale simulation facility, Lawrence Livermore National Laboratory, Livermore, California,
$8,000,000.
Project 00-D-105, strategic computing complex, Los Alamos National Laboratory, Los Alamos, New Mexico, $26,000,000.
Project 00-D-107, joint computational engineering laboratory, Sandia National Laboratories, Albuquerque, New Mexico, $1,800,000.
Project 99-D-102, rehabilitation of maintenance facility, Lawrence Livermore National Laboratory, Livermore, California, $3,900,000.
Project 99-D-103, isotope sciences facilities, Lawrence Livermore National Laboratory, Livermore, California,
$2,000,000.
Project 99-D-104, protection of real property (roof reconstruction, Phase II), Lawrence Livermore National Laboratory, Livermore, California, $2,400,000.
Project 99-D-105, central health physics calibration facility, Los Alamos National Laboratory, Los Alamos, New Mexico, $1,000,000.
Project 99-D-106, model validation and system certification test center, Sandia National Laboratories, Albuquerque, New Mexico, $6,500,000.
Project 99-D-108, renovate existing roadways, Nevada Test Site, Nevada, $7,005,000.
Project 97-D-102, dual-axis radiographic hydrotest facility, Los Alamos National Laboratory, Los Alamos, New Mexico, $61,000,000.
Project 96-D-102, stockpile stewardship facilities revitalization, Phase VI, various locations, 2,640,000.
Project 96-D-104, processing and environmental technology laboratory, Sandia National Laboratories, Albuquerque, New Mexico, $10,900,000.
(iii) The total amount authorized to be appropriated pursuant to clause (ii) is the sum of the amounts authorized to be appropriated in that clause, reduced by $10,000,000.
(B) For inertial fusion, $475,700,000, to be allocated as follows:
(i) For operation and maintenance, $227,600,000.
(ii) For the following plant project (including maintenance, restoration, planning, construction, acquisition, and modification of facilities, and land acquisition related thereto), $248,100,000, to be allocated as follows:
Project 96-D-111, national ignition facility, Lawrence Livermore National Laboratory, Livermore, California,
$248,100,000.
(C) For technology partnership and education, $19,500,000, to be allocated for technology partnership only.
(2) Stockpile management.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2000 for stockpile management in carrying out weapons activities necessary for national security programs in the amount of $2,046,300,000, to be allocated as follows:
(A) For operation and maintenance, $1,897,621,000.
(B) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior years, and land acquisition related thereto),
$148,679,000, to be allocated as follows:
Project 99-D-122, rapid reactivation, various locations,
$11,700,000.
Project 99-D-127, stockpile management restructuring initiative, Kansas City Plant, Kansas City, Missouri,
$17,000,000.
Project 99-D-128, stockpile management restructuring initiative, Pantex Plant consolidation, Amarillo, Texas,
$3,429,000.
Project 99-D-132, stockpile management restructuring initiative, nuclear material safeguards and security upgrades project, Los Alamos National Laboratory, Los Alamos, New Mexico, $11,300,000.
Project 98-D-123, stockpile management restructuring initiative, tritium facility modernization and consolidation, Savannah River Plant, Aiken, South Carolina, $21,800,000.
Project 98-D-124, stockpile management restructuring initiative, Y-12 Plant consolidation, Oak Ridge, Tennessee,
$3,150,000.
Project 98-D-125, tritium extraction facility, Savannah River Plant, Aiken, South Carolina, $33,000,000.
Project 98-D-126, accelerator production of tritium, various locations, $31,000,000.
Project 97-D-123, structural upgrades, Kansas City Plant, Kansas City, Missouri, $4,800,000.
Project 95-D-102, chemistry and metallurgy research upgrades project, Los Alamos National Laboratory, Los Alamos, New Mexico, $18,000,000.
Project 88-D-123, security enhancements, Pantex Plant, Amarillo, Texas, $3,500,000.
(C) The total amount authorized to be appropriated pursuant to subparagraph (B) is the sum of the amounts authorized to be appropriated in that subparagraph, reduced by $10,000,000.
(3) Program direction.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2000 for program direction in carrying out weapons activities necessary for national security programs in the amount of
$236,500,000.
SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT.
(a) In General.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2000 for environmental restoration and waste management in carrying out programs necessary for national security in the amount of $5,652,368,000, to be allocated as follows:
(1) Closure projects.--For closure projects carried out in accordance with section 3143 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2836; 42 U.S.C. 7274n) in the amount of
$1,092,492,000.
(2) Site project and completion.--For site project and completion in carrying out environmental restoration and waste management activities necessary for national security programs in the amount of $1,006,419,000, to be allocated as follows:
(A) For operation and maintenance, $918,129,000.
(B) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior years, and land acquisition related thereto),
$88,290,000, to be allocated as follows:
Project 99-D-402, tank farm support services, F&H areas, Savannah River Site, Aiken, South Carolina, $3,100,000.
Project 99-D-404, health physics instrumentation laboratory, Idaho National Engineering Laboratory, Idaho,
$7,200,000.
Project 98-D-401, H-tank farm storm water systems upgrade, Savannah River Site, Aiken, South Carolina, $2,977,000.
Project 98-D-453, plutonium stabilization and handling system for plutonium finishing plant, Richland, Washington,
$16,860,000.
Project 98-D-700, road rehabilitation, Idaho National Engineering Laboratory, Idaho, $2,590,000.
Project 97-D-450, Actinide packaging and storage facility, Savannah River Site, Aiken, South Carolina, $4,000,000.
Project 97-D-470, regulatory monitoring and bioassay laboratory, Savannah River Site, Aiken, South Carolina,
$12,220,000.
Project 96-D-406, spent nuclear fuels canister storage and stabilization facility, Richland, Washington, $24,441,000.
Project 96-D-464, electrical and utility systems upgrade, Idaho Chemical Processing Plant, Idaho National Engineering Laboratory, Idaho, $11,971,000.
Project 96-D-471, chlorofluorocarbon heating, ventilation, and air conditioning and chiller retrofit, Savannah River Site, Aiken, South Carolina, $931,000.
Project 86-D-103, decontamination and waste treatment facility, Lawrence Livermore National Laboratory, Livermore, California, $2,000,000.
(3) Post-2006 completion.--For post-2006 project completion in carrying out environmental restoration and waste management activities necessary for national security programs in the amount of $3,005,848,000, to be allocated as follows:
(A) For operation and maintenance, $2,951,297,000.
(B) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior years, and land acquisition related thereto),
$54,551,000, to be allocated as follows:
Project 00-D-401, spent nuclear fuel treatment and storage facility, Title I and II, Savannah River Site, Aiken, South Carolina, $7,000,000.
Project 99-D-403, privatization phase I infrastructure support, Richland, Washington, $13,988,000.
Project 97-D-402, tank farm restoration and safe operations, Richland, Washington, $20,516,000.
Project 94-D-407, initial tank retrieval systems, Richland, Washington, $4,060,000.
Project 93-D-187, high-level waste removal from filled waste tanks, Savannah River Site, Aiken, South Carolina,
$8,987,000.
(4) Science and technology.--For science and technology in carrying out environmental restoration and waste management activities necessary for national security programs in the amount of $240,500,000.
(5) Program direction.--For program direction in carrying out environmental restoration and waste management activities necessary for national security programs in the amount of
$327,109,000.
(b) Explanation of Adjustment.--The amount authorized to be appropriated in subsection (a) is the sum of the amounts authorized to be appropriated in paragraphs (1) through (5) of that subsection reduced by $20,000,000, to be derived from environmental restoration and waste management, environment, safety, and health programs.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2000 for other defense activities in carrying out programs necessary for national security in the amount of $1,772,459,000, to be allocated as follows:
(1) Nonproliferation and national security.--For nonproliferation and national security, $658,200,000, to be allocated as follows:
(A) For verification and control technology, $454,000,000, to be allocated as follows:
(i) For nonproliferation and verification research and development, $221,000,000, to be allocated as follows:
(I) For operation and maintenance, $215,000,000.
(II) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior years, and land acquisition related thereto), $6,000,000, to be allocated as follows:
Project 00-D-192, nonproliferation and international security center, Los Alamos National Laboratory, Los Alamos, New Mexico, $6,000,000.
(ii) For arms control, $233,000,000.
(B) For nuclear safeguards and security, $59,100,000.
(C) For international nuclear safety, $15,300,000.
(D) For security investigations, $10,000,000.
(E) For emergency management, $21,000,000.
(F) For highly enriched uranium transparency implementation, $15,750,000.
(G) For program direction, $83,050,000.
(2) Intelligence.--For intelligence, $36,059,000.
(3) Counterintelligence.--For counterintelligence,
$31,200,000.
(4) Worker and community transition.--For worker and community transition, $20,000,000.
(5) Fissile materials control and disposition.--For fissile materials control and disposition, $239,000,000, to be allocated as follows:
(A) For operation and maintenance, $168,766,000.
(B) For program direction, $7,343,000.
(C) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior years, and land acquisition related thereto),
$62,891,000, to be allocated as follows:
Project 00-D-142, immobilization and associated processing facility, various locations, $21,765,000.
Project 99-D-141, pit disassembly and conversion facility, various locations, $28,751,000.
Project 99-D-143, mixed oxide fuel fabrication facility, various locations, $12,375,000.
(6) Environment, safety, and health.--For environment, safety, and health, defense, $104,000,000, to be allocated as follows:
(A) For the Office of Environment, Safety, and Health
(Defense), $79,231,000.
(B) For program direction, $24,769,000.
(7) Office of hearings and appeals.--For the Office of Hearings and Appeals, $3,000,000.
(8) Naval reactors.--For naval reactors, $681,000,000, to be allocated as follows:
(A) For naval reactors development, $660,400,000, to be allocated as follows:
(i) For operation and maintenance, $636,400,000.
(ii) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior years, and land acquisition related thereto), $24,000,000, to be allocated as follows:
GPN-101 general plant projects, various locations,
$9,000,000.
Project 98-D-200, site laboratory/facility upgrade, various locations, $3,000,000.
Project 90-N-102, expended core facility dry cell project, Naval Reactors Facility, Idaho, $12,000,000.
(B) For program direction, $20,600,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2000 for payment to the Nuclear Waste Fund established in section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of $73,000,000.
SEC. 3105. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.
(a) In General.--Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2000 for privatization initiatives in carrying out environmental restoration and waste management activities necessary for national security programs in the amount of $228,000,000, to be allocated as follows:
Project 98-PVT-2, spent nuclear fuel dry storage, Idaho Falls, Idaho, $5,000,000.
Project 98-PVT-5, environmental management and waste disposal, Oak Ridge, Tennessee, $20,000,000.
Project 97-PVT-1, tank waste remediation system phase I, Hanford, Washington, $106,000,000.
Project 97-PVT-2, advanced mixed waste treatment facility, Idaho Falls, Idaho, $110,000,000.
Project 97-PVT-3, transuranic waste treatment, Oak Ridge, Tennessee, $12,000,000.
(b) Explanation of Adjustment.--The amount authorized to be appropriated in subsection (a) is the sum of the amounts authorized to be appropriated for the projects in that subsection reduced by $25,000,000 for use of prior year balances of funds for defense environmental management privatization.
Subtitle B--Recurring General Provisions
SEC. 3121. REPROGRAMMING.
(a) In General.--Until the Secretary of Energy submits to the congressional defense committees the report referred to in subsection (b) and a period of 60 days has elapsed after the date on which such committees receive the report, the Secretary may not use amounts appropriated pursuant to this title for any program--
(1) in amounts that exceed, in a fiscal year--
(A) 110 percent of the amount authorized for that program by this title; or
(B) $1,000,000 more than the amount authorized for that program by this title; or
(2) which has not been presented to, or requested of, Congress.
(b) Report.--(1) The report referred to in subsection (a) is a report containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action.
(2) In the computation of the 60-day period under subsection (a), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain.
(c) Limitations.--(1) In no event may the total amount of funds obligated pursuant to this title exceed the total amount authorized to be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be used for an item for which Congress has specifically denied funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) In General.--The Secretary of Energy may carry out any construction project under the general plant projects authorized by this title if the total estimated cost of the construction project does not exceed $5,000,000.
(b) Report to Congress.--If, at any time during the construction of any general plant project authorized by this title, the estimated cost of the project is revised because of unforeseen cost variations and the revised cost of the project exceeds $5,000,000, the Secretary shall immediately furnish a complete report to the congressional defense committees explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2), construction on a construction project may not be started or additional obligations incurred in connection with the project above the total estimated cost, whenever the current estimated cost of the construction project, which is authorized by section 3101, 3102, or 3103, or which is in support of national security programs of the Department of Energy and was authorized by any previous Act, exceeds by more than 25 percent the higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project as shown in the most recent budget justification data submitted to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the congressional defense committees a report on the actions and the circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on which the report is received by the committees.
(3) In the computation of the 30-day period under paragraph
(2), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain.
(b) Exception.--Subsection (a) shall not apply to any construction project which has a current estimated cost of less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of Energy may transfer funds authorized to be appropriated to the Department of Energy pursuant to this title to other Federal agencies for the performance of work for which the funds were authorized. Funds so transferred may be merged with and be available for the same purposes and for the same period as the authorizations of the Federal agency to which the amounts are transferred.
(b) Transfer Within Department of Energy.--(1) Subject to paragraph (2), the Secretary of Energy may transfer funds authorized to be appropriated to the Department of Energy pursuant to this title between any such authorizations. Amounts of authorizations so transferred may be merged with and be available for the same purposes and for the same period as the authorization to which the amounts are transferred.
(2) Not more than five percent of any such authorization may be transferred between authorizations under paragraph
(1). No such authorization may be increased or decreased by more than five percent by a transfer under such paragraph.
(c) Limitation.--The authority provided by this section to transfer authorizations--
(1) may only be used to provide funds for items relating to activities necessary for national security programs that have a higher priority than the items from which the funds are transferred; and
(2) may not be used to provide funds for an item for which Congress has specifically denied funds.
(d) Notice to Congress.--The Secretary of Energy shall promptly notify the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives of any transfer of funds to or from authorizations under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) Requirement for Conceptual Design.--(1) Subject to paragraph (2) and except as provided in paragraph (3), before submitting to Congress a request for funds for a construction project that is in support of a national security program of the Department of Energy, the Secretary of Energy shall complete a conceptual design for that project.
(2) If the estimated cost of completing a conceptual design for a construction project exceeds $3,000,000, the Secretary shall submit to Congress a request for funds for the conceptual design before submitting a request for funds for the construction project.
(3) The requirement in paragraph (1) does not apply to a request for funds--
(A) for a construction project the total estimated cost of which is less than $5,000,000; or
(B) for emergency planning, design, and construction activities under section 3126.
(b) Authority for Construction Design.--(1) Within the amounts authorized by this title, the Secretary of Energy may carry out construction design (including architectural and engineering services) in connection with any proposed construction project if the total estimated cost for such design does not exceed $600,000.
(2) If the total estimated cost for construction design in connection with any construction project exceeds $600,000, funds for such design must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND
CONSTRUCTION ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds available to the Department of Energy pursuant to an authorization in this title, including those funds authorized to be appropriated for advance planning and construction design under sections 3101, 3102, and 3103, to perform planning, design, and construction activities for any Department of Energy national security program construction project that, as determined by the Secretary, must proceed expeditiously in order to protect public health and safety, to meet the needs of national defense, or to protect property.
(b) Limitation.--The Secretary may not exercise the authority under subsection (a) in the case of any construction project until the Secretary has submitted to the congressional defense committees a report on the activities that the Secretary intends to carry out under this section and the circumstances making such activities necessary.
(c) Specific Authority.--The requirement of section 3125(b)(2) does not apply to emergency planning, design, and construction activities conducted under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS
OF THE DEPARTMENT OF ENERGY.
Subject to the provisions of appropriations Acts and section 3121, amounts appropriated pursuant to this title for management and support activities and for general plant projects are available for use, when necessary, in connection with all national security programs of the Department of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
(a) In General.--Except as provided in subsection (b), when so specified in an appropriations Act, amounts appropriated for operation and maintenance or for plant projects may remain available until expended.
(b) Exception for Program Direction Funds.--Amounts appropriated for program direction pursuant to an authorization of appropriations in subtitle A shall remain available to be expended only until the end of fiscal year 2001.
SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT
FUNDS.
(a) Transfer Authority for Defense Environmental Management Funds.--The Secretary of Energy shall provide the manager of each field office of the Department of Energy with the authority to transfer defense environmental management funds from a program or project under the jurisdiction of the office to another such program or project.
(b) Limitations.--(1) Only one transfer may be made to or from any program or project under subsection (a) in a fiscal year.
(2) The amount transferred to or from a program or project under subsection (a) may not exceed $5,000,000 in a fiscal year.
(3) A transfer may not be carried out by a manager of a field office under subsection (a) unless the manager determines that the transfer is necessary to address a risk to health, safety, or the environment or to assure the most efficient use of defense environmental management funds at the field office.
(4) Funds transferred pursuant to subsection (a) may not be used for an item for which Congress has specifically denied funds or for a new program or project that has not been authorized by Congress.
(c) Exemption From Reprogramming Requirements.--The requirements of section 3121 shall not apply to transfers of funds pursuant to subsection (a).
(d) Notification.--The Secretary, acting through the Assistant Secretary of Energy for Environmental Management, shall notify Congress of any transfer of funds pursuant to subsection (a) not later than 30 days after such transfer occurs.
(e) Definitions.--In this section:
(1) The term ``program or project'' means, with respect to a field office of the Department of Energy, any of the following:
(A) A program referred to or a project listed in paragraph
(2) or (3) of section 3102.
(B) A program or project not described in subparagraph (A) that is for environmental restoration or waste management activities necessary for national security programs of the Department, that is being carried out by the office, and for which defense environmental management funds have been authorized and appropriated before the date of enactment of this Act.
(2) The term ``defense environmental management funds'' means funds appropriated to the Department of Energy pursuant to an authorization for carrying out environmental restoration and waste management activities necessary for national security programs.
(f) Duration of Authority.--The managers of the field offices of the Department may exercise the authority provided under subsection (a) during the period beginning on October 1, 1999, and ending on September 30, 2000.
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. LIMITATION ON USE AT DEPARTMENT OF ENERGY
LABORATORIES OF FUNDS APPROPRIATED FOR THE
INITIATIVES FOR PROLIFERATION PREVENTION
PROGRAM.
(a) Limitation.--Not more than 25 percent of the funds appropriated for any fiscal year for the program of the Department of Energy known as the Initiatives for Proliferation Prevention Program may be spent at the Department of Energy laboratories.
(b) Effective Date.--The limitation in subsection (a) applies with respect to funds appropriated for any fiscal year after fiscal year 1999.
SEC. 3132. PROHIBITION ON USE FOR PAYMENT OF RUSSIAN
GOVERNMENT TAXES AND CUSTOMS DUTIES OF FUNDS
APPROPRIATED FOR THE INITIATIVES FOR
PROLIFERATION PREVENTION PROGRAM.
Funds appropriated for the program of the Department of Energy known as the Initiatives for Proliferation Prevention Program may not be used to pay any tax or customs duty levied by the government of the Russian Federation.
SEC. 3133. MODIFICATION OF LABORATORY-DIRECTED RESEARCH AND
DEVELOPMENT TO PROVIDE FUNDS FOR THEATER
BALLISTIC MISSILE DEFENSE.
(a) Conduct of Programs.--The Secretary of Energy shall ensure that the national laboratories carry out theater ballistic missile defense development programs in accordance with--
(1) the memorandum of understanding between the Secretary of Energy and the Secretary of Defense required by section 3131(a) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2034; 10 U.S.C. 2431 note); and
(2) such regulations as the Secretary of Energy may prescribe.
(b) Funding.--Of the funds provided by the Department of Energy to the national laboratories for national security activities, the Secretary of Energy shall provide a specific amount, equal to 3 percent of such funds, to be used by such laboratories for theater ballistic missile defense development programs.
(c) National Laboratories.--For purposes of this section, the term ``national laboratories'' has the meaning given such term in section 3131(d) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2034; 10 U.S.C. 2431 note).
(d) Kinetic Energy Warhead Programs.--(1) Notwithstanding subsection (a), during fiscal year 2000 the Secretary of Energy shall use the funds required to be made available pursuant to subsection (b) for theater ballistic missile defense development programs for the purpose of the development and test of advanced kinetic energy ballistic missile defense warheads based on advanced explosive technology, the designs of which--
(A) are compatible with the Army Theater High-Altitude Area-Wide Defense (THAAD) system, the Navy Theater Wide system, the Navy Area Defense system, and the Patriot Advanced Capability-3 (PAC-3) system; and
(B) will be available for ground lethality testing not later than one year after the date of the enactment of this Act.
(2) Of the funds made available for purposes of paragraph
(1), one-half shall be made available for work at Los Alamos National Laboratory and one-half shall be made available for work at Lawrence Livermore National Laboratory.
(3) If the Secretary does not use the full amount referred to in paragraph (1) for the purposes stated in that paragraph, the remainder of such amount shall be used in accordance with subsection (a).
(e) Reduction in Laboratory-Directed Research and Development Programs.--Subsection (c) of section 3132 of the National Defense Authorization Act for Fiscal Year 1991 (42 U.S.C. 7257a) is amended by striking ``6 percent'' and inserting ``3 percent''.
SEC. 3134. SUPPORT OF THEATER BALLISTIC MISSILE DEFENSE
ACTIVITIES OF THE DEPARTMENT OF DEFENSE.
(a) Funds To Carry Out Certain Ballistic Missile Defense Activities.--Of the amounts authorized to be appropriated to the Department of Energy pursuant to section 3101,
$30,000,000 shall be available only for research, development, and demonstration activities to support the mission of the Ballistic Missile Defense Organization of the Department of Defense, including the following activities:
(1) Technology development, concept demonstration, and integrated testing to improve reliability and reduce risk in hit-to-kill interceptors for theater ballistic missile defense.
(2) Support for science and engineering teams to address technical problems identified by the Director of the Ballistic Missile Defense Organization as critical to acquisition of a theater ballistic missile defense capability.
(b) Memorandum of Understanding.--The activities referred to in subsection (a) shall be carried out under the memorandum of understanding entered into by the Secretary of Energy and the Secretary of Defense for the use of national laboratories for ballistic missile defense programs, as required by section 3131 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2034).
(c) Method of Funding.--Funds for activities referred to in subsection (a) may be provided--
(1) by direct payment from funds available pursuant to subsection (a); or
(2) in the case of such an activity carried out by a national laboratory but paid for by the Ballistic Missile Defense Organization, through a method under which the Secretary of Energy waives any requirement for the Department of Defense to pay any indirect expenses (including overhead and federal administrative charges) of the Department of Energy or its contractors.
Subtitle D--Commission on Nuclear Weapons Management
SEC. 3151. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is hereby established a commission to be known as the ``Commission on Nuclear Weapons Management'' (hereinafter in this subtitle referred to as the
``Commission'').
(b) Composition.--The Commission shall be composed of nine members, appointed as follows:
(1) Two members shall be appointed by the chairman of the Committee on Armed Services of the House of Representatives.
(2) Two members shall be appointed by the ranking minority party member of the Committee on Armed Services of the House of Representatives.
(3) Two members shall be appointed by the chairman of the Committee on Armed Services of the Senate.
(4) Two members shall be appointed by the ranking minority party member of the Committee on Armed Services of the Senate.
(5) One member, who shall serve as chairman of the Commission, shall be appointed by the chairman of the Committee on Armed Services of the House of Representatives and the chairman of the Committee on Armed Services of the Senate, acting jointly, in consultation with the ranking minority party member of the Committee on Armed Services of the House of Representatives and the ranking minority party member of the Committee on Armed Services of the Senate.
(c) Qualifications.--Members of the Commission shall be appointed from among private United States citizens with knowledge and expertise in nuclear weapons policy, organization, and management matters.
(d) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall be filled in the same manner as the original appointment.
(e) Initial Organization Requirements.--(1) All appointments to the Commission shall be made not later than 30 days after the date of the enactment of this Act.
(2) The Commission shall convene its first meeting not later than 30 days after the date on which all members of the Commission have been appointed.
(f) Security Clearances.--The Secretary of Defense shall expedite the processing of appropriate security clearances for members of the Commission.
SEC. 3152. DUTIES OF COMMISSION.
(a) In General.--The Commission shall examine the organizational and management structures within the Department of Energy and the Department of Defense that are responsible for the following, as they pertain to nuclear weapons:
(1) Development of nuclear weapons policy and standards.
(2) Generation of requirements.
(3) Inspection and certification of the nuclear stockpile.
(4) Research, development, and design.
(5) Manufacture, assembly, disassembly, refurbishment, surveillance, and storage.
(6) Operation and maintenance.
(7) Construction.
(8) Sustainment and development of high-quality personnel.
(b) Structures.--The organizational and management structures to be examined under subsection (a) shall include the following:
(1) The management headquarters of the Department of Energy, the Department of Defense, the military departments, and defense agencies.
(2) Headquarters support activities of the Department of Energy, the Department of Defense, the military departments, and defense agencies.
(3) The acquisition organizations in the Department of Energy and the Department of Defense.
(4) The nuclear weapons complex, including the nuclear weapons laboratories, the nuclear weapons production facilities, and defense environmental remediation sites.
(5) The Nuclear Weapons Council and its standing committee.
(6) The United States Strategic Command.
(7) The Defense Threat Reduction Agency.
(8) Policy-oriented elements of the Government that affect the management of nuclear weapons, including the following:
(A) The National Security Council.
(B) The Arms Control and Disarmament Agency.
(C) The Office of the Under Secretary of Defense for Policy.
(D) The office of the Deputy Chief of Staff of the Air Force for Air and Space Operations.
(E) The office of the Deputy Chief of Naval Operations for Plans, Policy, and Operations.
(F) The headquarters of each combatant command (in addition to the United States Strategic Command) that has nuclear weapons responsibilities.
(G) Such other organizations as the Commission determines appropriate to include.
(c) Evaluations.--In carrying out its duties, the Commission shall--
(1) evaluate the rationale for current management and organization structures, and the relationship among the entities within those structures;
(2) evaluate the efficiency and effectiveness of those structures; and
(3) propose and evaluate alternative organizational and management structures, including alternatives that would transfer authorities of the Department of Energy for the defense program and defense environmental management to the Department of Defense.
(d) Cooperation From Government Officials.--In carrying out its duties, the Commission should receive the full and timely cooperation of the Secretary of Defense, the Secretary of Energy, 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. 3153. REPORTS.
The Commission shall submit to Congress an interim report containing its preliminary findings and conclusions not later than October 15, 2000, and a final report containing its findings and conclusions not later than January 1, 2001.
SEC. 3154. POWERS.
(a) Hearings.--The Commission or, at its direction, any panel or member of the Commission, may, for the purpose of carrying out the provisions of this title, hold hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths to the extent that the Commission or any panel or member considers advisable.
(b) Information.--The Commission may secure directly from the Department of Defense, the Department of Energy, and any other Federal department or agency information that the Commission considers necessary to enable the Commission to carry out its responsibilities under this title.
SEC. 3155. COMMISSION PROCEDURES.
(a) Meetings.--The Commission shall meet at the call of the Chairman.
(b) Quorum.--(1) Five members of the Commission shall constitute a quorum other than for the purpose of holding hearings.
(2) The Commission shall act by resolution agreed to by a majority of the members of the Commission.
(c) Commission.--The Commission may establish panels composed of less than full membership of the Commission for the purpose of carrying out the Commission's duties. The actions of each such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel shall not be considered the findings and determinations of the Commission unless approved by the Commission.
(d) Authority of Individuals To Act for Commission.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take under this title.
SEC. 3156. PERSONNEL MATTERS.
(a) Pay of Members.--Members of the Commission shall serve without pay by reason of their work on the Commission.
(b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.
(c) Staff.--(1) The chairman of the Commission may, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, appoint a staff director and such additional personnel as may be necessary to enable the Commission to perform its duties. The appointment of a staff director shall be subject to the approval of the Commission.
(2) The chairman of the Commission may fix the pay of the staff director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay fixed under this paragraph for the staff director may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title and the rate of pay for other personnel may not exceed the maximum rate payable for grade GS-15 of the General Schedule.
(d) Detail of Government Employees.--Upon request of the chairman of the Commission, the head of any Federal department or agency may detail, on a nonreimbursable basis, any personnel of that department or agency to the Commission to assist it in carrying out its duties.
(e) Procurement of Temporary and Intermittent Services.--The chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule under section 5316 of such title.
SEC. 3157. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.
(a) Postal and Printing Services.--The Commission may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the Federal Government.
(b) Miscellaneous Administrative and Support Services.--The Secretary of Defense and the Secretary of Energy shall furnish the Commission, on a reimbursable basis, any administrative and support services requested by the Commission.
SEC. 3158. FUNDING.
(a) Source of Funds.--Funds for activities of the Commission shall be provided from--
(1) amounts appropriated for the Department of Defense for operation and maintenance for Defense-wide activities for fiscal year 2000; and
(2) amounts appropriated for the Department of Energy for program direction for weapons activities and for defense environmental restoration and waste management for fiscal year 2000.
(b) Disbursement.--Upon receipt of a written certification from the Chairman of the Commission specifying the funds required for the activities of the Commission, the Secretary of Defense and the Secretary of Energy shall promptly disburse to the Commission, from such amounts, the funds required by the Commission as stated in such certification.
SEC. 3159. TERMINATION OF THE COMMISSION.
The Commission shall terminate 60 days after the date of the submission of its final report under section 3153.
Subtitle E--Other Matters
SEC. 3161. PROCEDURES FOR MEETING TRITIUM PRODUCTION
REQUIREMENTS.
(a) Accelerator Production Plan.--Not later than January 15, 2000, the Secretary of Energy shall submit to the congressional defense committees a plan (in this section referred to as an ``accelerator production plan'') to meet the requirements in the Nuclear Weapons Stockpile Memorandum relating to tritium production by expediting the completion of the design and the initiation of the construction of a particle accelerator for the production of tritium.
(b) Technology for Tritium Production.--If the Nuclear Regulatory Commission does not grant to the Tennessee Valley Authority the amended licenses described in subsection (c) by December 31, 2002, the Secretary of Energy shall on January 1, 2003--
(1) designate particle accelerator technology as the primary technology for the production of tritium;
(2) designate commercial light water reactor technology as the backup technology for the production of tritium; and
(3) implement the accelerator production plan.
(c) Amended Licenses.--The amended licenses referred to in subsection (b) are the amended licenses for the operation of each of the following commercial light water reactors:
(1) Watts Bar reactor, Spring City, Tennessee.
(2) Sequoya reactor, Daisy, Tennessee.
SEC. 3162. EXTENSION OF AUTHORITY OF DEPARTMENT OF ENERGY TO
PAY VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
(a) Extension.--Notwithstanding subsection (c)(2)(D) of section 663 of the Treasury, Postal Service, and General Government Appropriations Act, 1997 (Public Law 104-208; 110 Stat. 3009-383; 5 U.S.C. 5597 note), the Department of Energy may pay voluntary separation incentive payments to qualifying employees who voluntarily separate (whether by retirement or resignation) before January 1, 2002.
(b) Exercise of Authority.--The Department shall pay voluntary separation incentive payments under subsection (a) in accordance with the provisions of such section 663.
(c) Report.--(1) Not later than March 15, 2000, the Secretary of Energy shall submit to the recipients specified in paragraph (3) a report describing how the Department has used the authority to pay voluntary separation incentive payments under subsection (a).
(2) The report under paragraph (1) shall include the occupations and grade levels of each employee paid a voluntary separation incentive payment under subsection (a) and shall describe how the use of the authority to pay voluntary separation incentive payments under such subsection relates to the restructuring plans of the Department.
(3) The recipients specified in this paragraph are the following:
(A) The Office of Personnel Management.
(B) The Committee on Armed Services of the House of Representatives.
(C) The Committee on Armed Services of the Senate.
(D) The Committee on Government Reform of the House of Representatives.
(E) The Committee on Governmental Affairs of the Senate.
SEC. 3163. FELLOWSHIP PROGRAM FOR DEVELOPMENT OF SKILLS
CRITICAL TO THE DEPARTMENT OF ENERGY NUCLEAR
WEAPONS COMPLEX.
(a) In General.--Subsection (a) of section 3140 of the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 621; 42 U.S.C. 2121 note) is amended--
(1) by striking ``the Secretary'' in the second sentence and all that follows through ``provide educational assistance'' and inserting ``the Secretary shall provide educational assistance'';
(2) by striking the semicolon after ``complex'' in the second sentence and inserting a period; and
(3) by striking paragraphs (2) and (3).
(b) Eligible Individuals.--Subsection (b) of such section is amended by inserting ``are United States citizens who'' in the matter preceding paragraph (1) after ``program''.
(c) Covered Facilities.--Subsection (c) of such section is amended by adding at the end the following new paragraphs:
``(5) The Lawrence Livermore National Laboratory, Livermore, California.
``(6) The Los Alamos National Laboratory, Los Alamos, New Mexico.
``(7) The Sandia National Laboratory, Albuquerque, New Mexico.''.
(d) Agreement Required.--Subsection (f) of such section is amended to read as follows:
``(f) Agreement.--(1) The Secretary may allow an individual to participate in the program only if the individual signs an agreement described in paragraph (2).
``(2) An agreement referred to in paragraph (1) shall be in writing, shall be signed by the participant, and shall include the participant's agreement to serve, after completion of the course of study for which the assistance was provided, as a full-time employee in a position in the Department of Energy for a period of time to be established by the Secretary of Energy of not less than one year, if such a position is offered to the participant.''.
(e) Plan.--(1) Not later than January 1, 2000, the Secretary of Energy shall submit to the congressional defense committees a plan for the administration of the fellowship program under section 3140 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 42 U.S.C. 2121 note), as amended by this section.
(2) The plan shall include the criteria for the selection of individuals for participation in such fellowship program and a description of the provisions to be included in the agreement required by subsection (f) of such section (as amended by this section), including the period of time established by the Secretary for the participants to serve as employees.
(f) Funding.--Of the funds authorized to be appropriated to the Department of Energy pursuant to section 3101, $5,000,000 shall be available only to conduct the fellowship program under section 3140 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 42 U.S.C. 2121 note), as amended by this section.
SEC. 3164. DEPARTMENT OF ENERGY RECORDS DECLASSIFICATION.
(a) Identification in Budget.--The Secretary of Energy shall include in the budget justification materials submitted to Congress in support of the Department of Energy budget for national security programs 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 necessary for programmed activities during that fiscal year to declassify records to carry out Executive Order 12958 (50 U.S.C. 435 note), or any successor Executive order, or to comply with any statutory requirement to declassify Government records.
(b) Limitation.--The total amount expended by the Department of Energy during fiscal year 2000 to carry out activities to declassify records pursuant to Executive Order 12958 (50 U.S.C. 435 note), or any successor Executive order, or to comply with any statutory requirement to declassify Government records may not exceed $8,500,000.
SEC. 3165. MANAGEMENT OF NUCLEAR WEAPONS PRODUCTION
FACILITIES AND NATIONAL LABORATORIES.
(a) Authority and Responsibility of Assistant Secretary for Defense Programs.--The Secretary of Energy, in assigning functions under section 203 of the Department of Energy Organization Act (42 U.S.C. 7133), shall assign direct authority over, and responsibility for, the nuclear weapons production facilities and the national laboratories in all matters relating to national security to the Assistant Secretary assigned the functions under section 203(a)(5) of that Act.
(b) Covered Functions.--The functions assigned to the Assistant Secretary under subsection (a) shall include, but not be limited to, authority over, and responsibility for, the national security functions of those facilities and laboratories with respect to the following:
(1) Strategic management.
(2) Policy development and guidance.
(3) Budget formulation and guidance.
(4) Resource requirements determination and allocation.
(5) Program direction.
(6) Administration of contracts to manage and operate nuclear weapons production facilities and national laboratories.
(7) Environment, safety, and health operations.
(8) Integrated safety management.
(9) Safeguard and security operations.
(10) Oversight.
(11) Relationships within the Department of Energy and with other Federal agencies, the Congress, State, tribal, and local governments, and the public.
(c) Reporting of Nuclear Weapons Production Facilities and National Laboratories.--In all matters relating to national security, the nuclear weapons production facilities and the national laboratories shall report to, and be accountable to, the Assistant Secretary.
(d) Delegation by Assistant Secretary.--The Assistant Secretary may delegate functions assigned under subsection
(a) only within the headquarters office of the Assistant Secretary, except that the Assistant Secretary may delegate to a head of a specified operations office functions including, but not limited to, supporting the following activities at a nuclear weapons production facility or a national laboratory:
(1) Operational activities.
(2) Program execution.
(3) Personnel.
(4) Contracting and procurement.
(5) Facility operations oversight.
(6) Integration of production and research and development activities.
(7) Interaction with other Federal agencies, State, tribal, and local governments, and the public.
(e) Reporting of Operations Offices.--For each delegation made under subsection (d) to a head of a specified operations office, that head of that specified operations office shall shall directly report to, and be accountable to, the Assistant Secretary.
(f) Definitions.--As used in this section:
(1) The term ``nuclear weapons production facility'' means any of the following facilities:
(A) The Kansas City Plant, Kansas City, Missouri.
(B) The Pantex Plant, Amarillo, Texas.
(C) The Y-12 Plant, Oak Ridge, Tennessee.
(D) The tritium operations at the Savannah River Site, Aiken, South Carolina.
(E) The Nevada Test Site, Nevada.
(2) The term ``national laboratory'' means any of the following laboratories:
(A) The Los Alamos National Laboratory, Los Alamos, New Mexico.
(B) The Lawrence Livermore National Laboratory, Livermore, California.
(C) The Sandia National Laboratories, Albuquerque, New Mexico, and Livermore, California.
(3) The term ``specified operations office'' means any of the following operations offices of the Department of Energy:
(A) Albuquerque Operations Office, Albuquerque, New Mexico.
(B) Oak Ridge Operations Office, Oak Ridge, Tennessee.
(C) Oakland Operations Office, Oakland, California.
(D) Nevada Operations Office, Nevada Test Site, Las Vegas, Nevada.
(E) Savannah River Operations Office, Savannah River Site, Aiken, South Carolina.
SEC. 3166. NOTICE TO CONGRESSIONAL COMMITTEES OF COMPROMISE
OF CLASSIFIED INFORMATION WITHIN NUCLEAR ENERGY
DEFENSE PROGRAMS.
(a) In General.--The Secretary of Energy shall notify the committees specified in subsection (c) of any information, regardless of its origin, that the Secretary receives that indicates that classified information relating to military applications of nuclear energy is being, or may have been, disclosed in an unauthorized manner to a foreign power or an agent of a foreign power.
(b) Manner of Notification.--A notification under subsection (a) shall be provided, in writing, not later than 30 days after the date of the initial receipt of such information by the Department of Energy.
(c) Specified Committees.--The committees referred to in subsection (a) are the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.
(d) Foreign Power.--For purposes of this section, the terms
``foreign power'' and ``agent of a foreign power'' have the meanings given those terms in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2000, $17,500,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
SEC. 3301. DEFINITIONS.
In this title:
(1) The term ``National Defense Stockpile'' means the stockpile provided for in section 4 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c).
(2) The term ``National Defense Stockpile Transaction Fund'' means the fund in the Treasury of the United States established under section 9(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h(a)). SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year 2000, the National Defense Stockpile Manager may obligate up to $78,700,000 of the funds in the National Defense Stockpile Transaction Fund for the authorized uses of such funds under section 9(b)(2) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h(b)(2)), including the disposal of hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile Manager may obligate amounts in excess of the amount specified in subsection (a) if the National Defense Stockpile Manager notifies Congress that extraordinary or emergency conditions necessitate the additional obligations. The National Defense Stockpile Manager may make the additional obligations described in the notification after the end of the 45-day period beginning on the date on which Congress receives the notification.
(c) Limitations.--The authorities provided by this section shall be subject to such limitations as may be provided in appropriations Acts.
SEC. 3303. ELIMINATION OF CONGRESSIONALLY IMPOSED DISPOSAL
RESTRICTIONS ON SPECIFIC STOCKPILE MATERIALS.
Sections 3303 and 3304 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 629) are repealed.
TITLE XXXIV--MARITIME ADMINISTRATION
SEC. 3401. SHORT TITLE.
This title may be cited as the ``Maritime Administration Authorization Act for Fiscal Year 2000''.
SEC. 3402. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2000.
Funds are hereby authorized to be appropriated, to be available without fiscal year limitation if so provided in appropriations Acts, for the use of the Department of Transportation for the Maritime Administration as follows:
(1) For expenses necessary for operations and training activities, $79,764,000 for fiscal year 2000.
(2) For expenses under the loan guarantee program authorized by title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.), $34,893,000 for fiscal year 2000, of which--
(A) $31,000,000 is for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees under the program; and
(B) $3,893,000 is for administrative expenses related to loan guarantee commitments under the program.
SEC. 3403. AMENDMENTS TO TITLE XI OF THE MERCHANT MARINE ACT,
1936.
(a) Authority To Hold Obligation Proceeds in Escrow.--Section 1108(a) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1279a(a)) is amended by striking so much as precedes
``guarantee of an obligation'' and inserting the following:
``(a) Authority To Hold Obligation Proceeds in Escrow.--(1) If the proceeds of an obligation guaranteed under this title are to be used to finance the construction, reconstruction, or reconditioning of a vessel that will serve as security for the guarantee, the Secretary may accept and hold, in escrow under an escrow agreement with the obligor--
``(A) the proceeds of that obligation, including such interest as may be earned thereon; and
``(B) if required by the Secretary, an amount equal to 6 month's interest on the obligation.
``(2) The Secretary may release funds held in escrow under paragraph (1) only if the Secretary determines that--
``(A) the obligor has paid its portion of the actual cost of construction, reconstruction, or reconditioning; and
``(B) the funds released are needed--
``(i) to pay, or make reimbursements in connection with payments previously made for work performed in that construction, reconstruction, or reconditioning; or
``(ii) to pay for other costs approved by the Secretary, with respect to the vessel or vessels.
``(3) If the security for the''.
(b) Authority To Hold Obligor's Cash as Collateral.--Title XI of the Merchant Marine Act, 1936 is amended by inserting after section 1108 the following:
``SEC. 1109. DEPOSIT FUND.
``(a) Establishment of Deposit Fund.--There is established in the Treasury a deposit fund for purposes of this section. The Secretary may, in accordance with an agreement under subsection (b), deposit into and hold in the deposit fund cash belonging to an obligor to serve as collateral for a guarantee under this title made with respect to the obligor.
``(b) Agreement.--
``(1) In general.--The Secretary and an obligor shall enter into a reserve fund or other collateral account agreement to govern the deposit, withdrawal, retention, use, and reinvestment of cash of the obligor held in the deposit fund established by subsection (a).
``(2) Terms.--The agreement shall contain such terms and conditions as are required under this section and such additional terms as are considered by the Secretary to be necessary to protect fully the interests of the United States.
``(3) Security interest of united states.--The agreement shall include terms that grant to the United States a security interest in all amounts deposited into the deposit fund.
``(c) Investment.--The Secretary may invest and reinvest any part of the amounts in the deposit fund established by subsection (a) in obligations of the United States with such maturities as ensure that amounts in the deposit fund will be available as required for purposes of agreements under subsection (b). Cash balances of the deposit fund in excess of current requirements shall be maintained in a form of uninvested funds and the Secretary of the Treasury shall pay interest on these funds.
``(d) Withdrawals.--
``(1) In general.--The cash deposited into the deposit fund established by subsection (a) may not be withdrawn without the consent of the Secretary.
``(2) Use of income.--Subject to paragraph (3), the Secretary may pay any income earned on cash of an obligor deposited into the deposit fund in accordance with the terms of the agreement with the obligor under subsection (b).
``(3) Retention against default.--The Secretary may retain and offset any or all of the cash of an obligor in the deposit fund, and any income realized thereon, as part of the Secretary's recovery against the obligor in case of a default by the obligor on an obligation.''.
SEC. 3404. EXTENSION OF WAR RISK INSURANCE AUTHORITY.
Section 1214 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1294) is amended by striking ``June 30, 2000'' and inserting ``June 30, 2005''.
SEC. 3405. OWNERSHIP OF THE JEREMIAH O'BRIEN.
Section 3302(l)(1)(C) of title 46, United States Code, is amended by striking ``owned by the United States Maritime Administration'' and inserting ``owned by the National Liberty Ship Memorial, Inc.''.
TITLE XXXV--PANAMA CANAL COMMISSION
SEC. 3501. SHORT TITLE.
This title may be cited as the ``Panama Canal Commission Authorization Act for Fiscal Year 2000''.
SEC. 3502. AUTHORIZATION OF EXPENDITURES.
(a) In General.--Subject to subsection (b), the Panama Canal Commission is authorized to use amounts in the Panama Canal Revolving Fund to make such expenditures within the limits of funds and borrowing authority available to it in accordance with law, and to make such contracts and commitments, as may be necessary under the Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.) for the operation, maintenance, improvement, and administration of the Panama Canal for fiscal year 2000 until the termination of the Panama Canal Treaty of 1977.
(b) Limitations.--Until noon on December 31, 1999, the Panama Canal Commission may expend from funds in the Panama Canal Revolving Fund not more than $100,000 for official reception and representation expenses, of which--
(1) not more than $28,000 may be used for official reception and representation expenses of the Supervisory Board of the Commission;
(2) not more than $14,000 may be used for official reception and representation expenses of the Secretary of the Commission; and
(3) not more than $58,000 may be used for official reception and representation expenses of the Administrator of the Commission.
SEC. 3503. PURCHASE OF VEHICLES.
Notwithstanding any other provision of law, the funds available to the Panama Canal Commission shall be available for the purchase and transportation to the Republic of Panama of passenger motor vehicles built in the United States, the purchase price of which shall not exceed $26,000 per vehicle.
SEC. 3504. OFFICE OF TRANSITION ADMINISTRATION.
(a) Expenditures From Panama Canal Commission Dissolution Fund.--Section 1305(c)(5) of the Panama Canal Act of 1979 (22 U.S.C. 3714a(c)(5)) is amended by inserting ``(A)'' after
``(5)'' and by adding at the end the following:
``(B) The office established by subsection (b) is authorized to expend or obligate funds from the Fund for the purposes enumerated in clauses (i) and (ii) of paragraph
(2)(A) until October 1, 2004.''.
(b) Operation of the Office of Transition Administration.--
(1) In general.--The Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.) shall continue to govern the Office of Transition Administration until October 1, 2004.
(2) Procurement.--For purposes of exercising authority under the procurement laws of the United States, the director of such office shall have the status of the head of an agency.
(3) Offices.--The Office of Transition Administration shall have offices in the Republic of Panama and in the District of Columbia. Section 1110(b)(1) of the Panama Canal Act of 1973
(22 U.S.C. 3620(b)(1)) does not apply to such office in the Republic of Panama.
(4) Effective date.--This subsection shall be effective on and after the termination of the Panama Canal Treaty of 1977.
(c) Office of Transition Administration Defined.--In this section the term ``Office of Transition Administration'' means the office established under section 1305 of the Panama Canal Act of 1979 (22 U.S.C. 3714a) to close out the affairs of the Panama Canal Commission.
Amend the title so as to read: ``A bill 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.''.
The CHAIRMAN. No amendment to the committee amendment in the nature of a substitute is in order except amendments printed in House Report 106-175, amendments en bloc described in section 3 of House Resolution 200, the amendment by the gentleman from California (Mr. Cox) printed on June 8, 1999, in the appropriate portion of the Congressional Record, and pro forma amendments offered by the chairman and ranking minority member.
Except as specified in section 5 of the resolution, each amendment printed in the report shall be considered only in the order printed, may be offered only by a Member designated in the report, shall be considered read, and shall not be subject to a demand for a division of the question.
Unless otherwise specified in the report, each amendment printed in the report shall be debatable for 10 minutes, equally divided and controlled by a proponent and an opponent of the amendment, and shall not be subject to amendment, except that the chairman and ranking minority member each may offer one pro forma amendment for the purpose of further debate on any pending amendment.
Consideration of the last five amendments in Part A of the report shall begin with an additional period of general debate, which shall be confined to the subject of United States policy relating to the conflict in Kosovo, and shall not exceed one hour, equally divided and controlled by the chairman and ranking minority member.
It shall be in order at any time for the Chairman of the Committee on Armed Services or his designee to offer amendments en bloc consisting of amendments printed in Part B of the report not earlier disposed of or germane modifications of any such amendment.
The amendments en bloc shall be considered read, except that modifications shall be reported, shall be debatable for 20 minutes, equally divided and controlled by the chairman and ranking minority member or their designees, shall not be subject to amendment and shall not be subject to a demand for a division of the question.
{time} 1345
The original proponent of an amendment included in the amendments en bloc may insert a statement in the Congressional Record immediately before disposition of the amendments en bloc.
The Chairman of the Committee of the Whole may postpone a request for a recorded vote on any amendment and may reduce to a minimum of 5 minutes the time for voting on any postponed question that immediately follows another vote, provided that the time for voting on the first question shall be a minimum of 15 minutes.
The Chairman of the Committee of the Whole may recognize for consideration of amendments printed in the report out of the order in which they are printed, but not sooner than 1 hour after the chairman of the Committee on Armed Services or a designee announces from the floor a request to that effect.
Before consideration of any other amendment, it shall be in order to consider the amendment printed in the Congressional Record of June 8, 1999 by the gentleman from California (Mr. Cox) described in section 2(b) of the resolution, if offered by Mr. Cox, or his designee. That amendment shall be considered read, shall be debatable for 1 hour, equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
Amendment No. 14 Offered by Mr. Cox
Mr. COX. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 14 printed in the Congressional Record offered by Mr. Cox:
TITLE XIV--PROLIFERATION AND EXPORT CONTROL MATTERS
SEC. 1401. REPORT ON COMPLIANCE BY THE PEOPLE'S REPUBLIC OF
CHINA AND OTHER COUNTRIES WITH THE MISSILE
TECHNOLOGY CONTROL REGIME.
(a) Report Required.--Not later than October 31, 1999, the President shall transmit to Congress a report on the compliance, or lack of compliance (both as to acquiring and transferring missile technology), by the People's Republic of China, with the Missile Technology Control Regime, and on any actual or suspected transfer by Russia or any other country of missile technology to the People's Republic of China in violation of the Missile Technology Control Regime. The report shall include a list specifying each actual or suspected violation of the Missile Technology Control Regime by the People's Republic of China, Russia, or other country and, for each such violation, a description of the remedial action (if any) taken by the United States or any other country.
(b) Matters To Be Included.--The report under subsection
(a) shall also include information concerning--
(1) actual or suspected use by the People's Republic of China of United States missile technology;
(2) actual or suspected missile proliferation activities by the People's Republic of China;
(3) actual or suspected transfer of missile technology by Russia or other countries to the People's Republic of China: and
(4) United States actions to enforce the Missile Technology Control Regime with respect to the People's Republic of China, including actions to prevent the transfer of missile technology from Russia and other countries to the People's Republic of China.
SEC. 1402. ANNUAL REPORT ON TECHNOLOGY TRANSFERS TO THE
PEOPLE'S REPUBLIC OF CHINA.
(a) Annual Report.--The President shall transmit to Congress an annual report on transfers to the People's Republic of China by the United States and other countries of technology with potential military applications, during the 1-year period preceding the transmittal of the report.
(b) Initial Report.--The initial report under this section shall be transmitted not later than October 31, 1999.
SEC. 1403. REPORT ON IMPLEMENTATION OF TRANSFER OF SATELLITE
EXPORT CONTROL AUTHORITY.
Not later than August 31, 1999, the President shall transmit to Congress a report on the implementation of subsection (a) of section 1513 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2174; 22 U.S.C. 2778 note), transferring satellites and related items from the Commerce Control List of dual-use items to the United States Munitions List. The report shall update the information provided in the report under subsection (d) of that section.
SEC. 1404. SECURITY IN CONNECTION WITH SATELLITE EXPORT
LICENSING.
(a) Security at Foreign Launches.--As a condition of the export license for any satellite to be launched outside the jurisdiction of the United States, 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 (Public Law 105-261; 112 Stat. 2175; 22 U.S.C. 2778 note) be prepared by the Department of Defense, and agreed to by the licensee, and that the plan set forth the security arrangements for the launch of the satellite, both before and during launch operations, and include enhanced security measures if the launch site is within the jurisdiction of the People's Republic of China or any other country that is subject to section 1514 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999.
(2) That each person providing security for the launch of that satellite--
(A) be employed by, or under a contract with, the Department of Defense;
(B) have received appropriate training in the regulations prescribed by the Secretary of State known as the International Trafficking in Arms Regulations (hereafter in this section 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.
(b) Defense Department Monitors.--The Secretary of Defense shall--
(1) ensure that persons assigned as space launch campaign monitors are provided sufficient training and have adequate experience in the ITAR and have significant experience and expertise with satellite technology, launch vehicle technology, and launch operations technology;
(2) ensure that adequate numbers of such monitors are assigned to space launch campaigns so that 24-hour, 7-day per week coverage is provided;
(3) 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); and
(4) adopt measures designed to make service as a space launch campaign monitor an attractive career opportunity.
SEC. 1405. REPORTING OF TECHNOLOGY PASSED 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, 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 Secretary of Energy, the Secretary of Defense, and the Secretary of State, in consultation with other appropriate departments and agencies, shall conduct a comprehensive review of the national security implications of exporting high-performance computers to the People's Republic of China. As part of the review, the Secretary 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 Secretary of Energy shall submit to Congress a report on the results of the review under subsection (a). The report shall be submitted not later than six months after the date of the enactment of this Act and shall be updated not later than the end of each subsequent 1-year period.
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 and, at a minimum, providing for on-site inspection of the end-use and end-user of such computers, without notice, by United States nationals designated by the United States Government. The President shall transmit a copy of the 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 is amended by adding at the end the following:
``(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 that subsection.''.
SEC. 1408. PROCEDURES FOR REVIEW OF EXPORT OF CONTROLLED
TECHNOLOGIES AND ITEMS.
(a) Recommendations for Prioritization of National Security Concerns.--The President shall submit to Congress the President's recommendations for the establishment of a mechanism to identify, on a continuing basis, those controlled technologies and items the export of which is of greatest national security concern relative to other controlled technologies and items.
(b) Recommendations for Executive Department Approvals for Exports of Greatest National Security Concern.--With respect to controlled technologies and items identified under subsection (a), the President shall submit to Congress the President's recommendations for the establishment of a mechanism to identify procedures for export of such technologies and items so as to provide--
(1) that the period for review by an executive department or agency of a license application for any such export shall be extended to a period longer than that otherwise required when such longer period is considered necessary by the head of that department or agency for national security purposes; and
(2) that a license for such an export may be approved only with the agreement of each executive department or agency that reviewed the application for the license, subject to appeal procedures to be established by the President.
(c) Recommendations for Streamlined Licensing Procedures for Other Exports.--With respect to controlled technologies and items other than those identified under subsection (a), the President shall submit to Congress the President's recommendations for modifications to licensing procedures for export of such technologies and items so as to streamline the licensing process and provide greater transparency, predictability, and certainty.
SEC. 1409. NOTICE OF FOREIGN ACQUISITION OF UNITED STATES
FIRMS IN NATIONAL SECURITY INDUSTRIES.
Section 721(b) of the Defense Production Act of 1950 (50 U.S.C. 2170(b)) is amended--
(1) by inserting ``(1)'' before ``The President'';
(2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and
(3) by adding at the end the following:
``(2) Whenever a person engaged in interstate commerce in the United States is the subject of a merger, acquisition, or takeover described in paragraph (1), that person shall promptly notify the President, or the President's designee, of such planned merger, acquisition, or takeover. Whenever any executive department or agency becomes aware of any such planned merger, acquisition, or takeover, the head of that department or agency shall promptly notify the President, or the President's designee, of such planned merger, acquisition, or takeover.''.
SEC. 1410. FIVE-AGENCY INSPECTORS GENERAL EXAMINATION OF
COUNTERMEASURES AGAINST ACQUISITION BY THE
PEOPLE'S REPUBLIC OF CHINA OF MILITARILY
SENSITIVE TECHNOLOGY.
Not later than January 1, 2000, the Inspectors General of the Departments of State, Defense, the Treasury, and Commerce and the Inspector General of the Central Intelligence Agency shall submit to Congress a report on the adequacy of current export controls and counterintelligence measures to protect against the acquisition by the People's Republic of China of militarily sensitive United States technology. Such report shall include a description of measures taken to address any deficiencies found in such export controls and counterintelligence measures.
SEC. 1411. OFFICE OF TECHNOLOGY SECURITY IN DEPARTMENT OF
DEFENSE.
(a) Enhanced Multilateral Export Controls.--
(1) New international controls.--The President shall work
(in the context of the scheduled 1999 review of the Wassenaar Arrangement and otherwise) to establish new binding international controls on technology transfers that threaten international peace and United States national security.
(2) Improved sharing of information.--The President shall take appropriate actions (in the context of the scheduled 1999 review of the Wassenaar Arrangement and otherwise) to improve the sharing of information by nations that are major exporters of technology so that the United States can track movements of technology and enforce technology controls and re-export requirements.
(b) Office of Technology Security.--(1) There is hereby established in the Department of Defense an Office of Technology Security. The Office shall support United States Government efforts to--
(1) establish new binding international controls on technology transfers that threaten international peace and United States national security; and
(2) improve the sharing of information by nations that are major exporters of technology so that the United States can track movements of technology and enforce technology controls and re-export requirements.
At the end of subtitle A of title XXXI (page 419, after line 3), insert the following new section:
SEC. 3106. DEPARTMENT OF ENERGY COUNTERINTELLIGENCE CYBER
SECURITY PROGRAM.
(a) Increased Funds for Counterintelligence Cyber Security.--The amounts provided in section 3103 in the matter preceding paragraph (1) and in paragraph (3) are each hereby increased by $8,600,000, to be available for Counterintelligence Cyber Security programs.
(b) Offsetting Reductions Derived From Contractor Travel.--
(1) The amount provided in section 3101 in the matter preceding paragraph (1) (for weapons activities in carrying out programs necessary for national security) is hereby reduced by $4,700,000.
(2) The amount provided in section 3102 in the matter preceding paragraph (1) of subsection (a) (for environmental restoration and waste management in carrying out programs necessary for national security) is hereby reduced by
$1,900,000.
(3) The amount provided in section 3103 in the matter preceding paragraph (1) is hereby reduced by $2,000,000.
At the end of title XXXI (page 453, after line 15), insert the following new subtitle:
Subtitle F--Protection of National Security Information
SEC. 3181. SHORT TITLE.
This subtitle may be cited as the ``National Security Information Protection Improvement Act''.
SEC. 3182. SEMI-ANNUAL REPORT BY THE PRESIDENT ON ESPIONAGE
BY THE PEOPLE'S REPUBLIC OF CHINA.
(a) Reports Required.--The President shall transmit to Congress a report, not less often than every six months, on the steps being taken by the Department of Energy, the Department of Defense, the Federal Bureau of Investigation, the Central Intelligence Agency, and all other relevant executive departments and agencies to respond to espionage and other intelligence activities by the People's Republic of China, particularly with respect to the theft of sophisticated United States nuclear weapons design information and the targeting by the People's Republic of China of United States nuclear weapons codes and other national security information of strategic concern.
(b) Initial Report.--The first report under this section shall be transmitted not later than January 1, 2000. SEC. 3183. REPORT ON WHETHER DEPARTMENT OF ENERGY SHOULD
CONTINUE TO MAINTAIN NUCLEAR WEAPONS
RESPONSIBILITY.
Not later than January 1, 2000, the President shall transmit to Congress a report regarding the feasibility of alternatives to the current arrangements for controlling United States nuclear weapons development, testing, and maintenance within the Department of Energy, including the reestablishment of the Atomic Energy Commission as an independent nuclear agency. The report shall describe the benefits and shortcomings of each such alternative, as well as the current system, from the standpoint of protecting such weapons and related research and technology from theft and exploitation. The President shall include with such report the President's recommendation for the appropriate arrangements for controlling United States nuclear weapons development, testing, and maintenance outside the Department of Energy if it should be determined that the Department of Energy should no longer have that responsibility.
SEC. 3184. DEPARTMENT OF ENERGY OFFICE OF FOREIGN
INTELLIGENCE AND OFFICE OF COUNTERINTELLIGENCE.
(a) In General.--The Department of Energy Organization Act is amended by inserting after section 212 (42 U.S.C. 7143) the following new sections:
``office of foreign intelligence
``Sec. 213. (a) There shall be within the Department an Office of Foreign Intelligence, to be headed by a Director, who shall report directly to the Secretary.
``(b) The Director shall be responsible for the programs and activities of the Department relating to the analysis of intelligence with respect to nuclear weapons and materials, other nuclear matters, and energy security.
``(c) The Secretary may delegate to the Deputy Secretary of Energy the day-to-day supervision of the Director.
``office of counterintelligence
``Sec. 214. (a) There shall be within the Department an Office of Counterintelligence, to be headed by a Director, who shall report directly to the Secretary.
``(b) The Director shall carry out all counterintelligence activities in the Department relating to the defense activities of the Department.
``(c) The Secretary may delegate to the Deputy Secretary of Energy the day-to-day supervision of the Director.
``(d)(1) The Director shall keep the intelligence committees fully and currently informed of all significant security breaches at any of the national laboratories.
``(2) For purposes of this subsection, the term
`intelligence committees' means the Permanent Select Committee of the House of Representatives and the Select Committee on Intelligence of the Senate.''.
(b) Clerical Amendment.--The table of contents in the first section of that Act is amended by inserting after the item relating to section 212 the following new items:
``Sec. 213. Office of Foreign Intelligence.
``Sec. 214. Office of Counterintelligence.''.
SEC. 3185. COUNTERINTELLIGENCE PROGRAM AT DEPARTMENT OF
ENERGY NATIONAL LABORATORIES.
(a) Program Required.--The Secretary of Energy shall establish and maintain at each national laboratory a counterintelligence program for the defense-related activities of the Department of Energy at such laboratory.
(b) Head of Program.--The Secretary shall ensure that, for each national laboratory, the head of the counterintelligence program of that laboratory--
(1) has extensive experience in counterintelligence activities within the Federal Government; and
(2) with respect to the counterintelligence program, is responsible directly to, and is hired with the concurrence of, the Director of Counterintelligence of the Department of Energy and the director of the national laboratory.
SEC. 3186. COUNTERINTELLIGENCE ACTIVITIES AT OTHER DEPARTMENT
OF ENERGY FACILITIES.
(a) Assignment of Counterintelligence Personnel.--(1) The Secretary of Energy shall assign to each Department of Energy facility, other than a national laboratory, at which Restricted Data is located an individual who shall assess security and counterintelligence matters at that facility.
(2) An individual assigned to a facility under this subsection shall be stationed at the facility.
(b) Supervision.--Each individual assigned under subsection
(a) shall report directly to the Director of the Office of Counterintelligence of the Department of Energy.
SEC. 3187. DEPARTMENT OF ENERGY POLYGRAPH EXAMINATIONS.
(a) Counterintelligence Polygraph Program Required.--The Secretary of Energy, acting through the Director of Counterintelligence of the Department of Energy, shall carry out a counterintelligence polygraph program for the defense activities of the Department of Energy. The program shall consist of the administration on a regular basis of a polygraph examination to each covered person who has access to a program that the Director of Counterintelligence and the Assistant Secretary assigned the functions under section 203(a)(5) of the Department of Energy Organization Act determine requires special access restrictions.
(b) Covered Persons.--For purposes of subsection (a), a covered person is any of the following:
(1) An officer or employee of the Department.
(2) An expert or consultant under contract to the Department.
(3) An officer or employee of any contractor of the Department.
(c) Additional Polygraph Examinations.--In addition to the polygraph examinations administered under subsection (a), the Secretary, in carrying out the defense activities of the Department--
(1) may administer a polygraph examination to any employee of the Department or of any contractor of the Department, for counterintelligence purposes; and
(2) shall administer a polygraph examination to any such employee in connection with an investigation of such employee, if such employee requests the administration of a polygraph examination for exculpatory purposes.
(d) Regulations.--(1) The Secretary shall prescribe any regulations necessary to carry out this section. Such regulations shall include procedures, to be developed in consultation with the Director of the Federal Bureau of Investigation, for identifying and addressing ``false positive'' results of polygraph examinations.
(2) Notwithstanding section 501 of the Department of Energy Organization Act (42 U.S.C. 7191) or any other provision of law, the Secretary may, in prescribing regulations under paragraph (1), waive any requirement for notice or comment if the Secretary determines that it is in the national security interest to expedite the implementation of such regulations.
(e) No Change in Other Polygraph Authority.--This section shall not be construed to affect the authority under any other provision of law of the Secretary to administer a polygraph examination.
SEC. 3188. CIVIL MONETARY PENALTIES FOR VIOLATIONS OF
DEPARTMENT OF ENERGY REGULATIONS RELATING TO
THE SAFEGUARDING AND SECURITY OF RESTRICTED
DATA.
(a) In General.--Chapter 18 of title I of the Atomic Energy Act of 1954 (42 U.S.C. 2271 et seq.) is amended by inserting after section 234A the following new section:
``Sec. 234B. Civil Monetary Penalties for Violations of Department of Energy Regulations Regarding Security of Classified or Sensitive Information or Data.--
``a. Any individual or entity that has entered into a contract or agreement with the Department of Energy, or a subcontract or subagreement thereto, and that commits a gross violation or a pattern of gross violations of any applicable rule, regulation, or order prescribed or otherwise issued by the Secretary pursuant to this subtitle relating to the safeguarding or security of Restricted Data or other classified or sensitive information shall be subject to a civil penalty of not to exceed $500,000 for each such violation.
``b. The Secretary shall include, in each contract entered into after the date of the enactment of this section with a contractor of the Department, provisions which provide an appropriate reduction in the fees or amounts paid to the contractor under the contract in the event of a violation by the contractor or contractor employee of any rule, regulation, or order relating to the safeguarding or security of Restricted Data or other classified or sensitive information. The provisions shall specify various degrees of violations and the amount of the reduction attributable to each degree of violation.
``c. The powers and limitations applicable to the assessment of civil penalties under section 234A shall apply to the assessment of civil penalties under this section.''.
(b) Clarifying Amendment.--The section heading of section 234A of that Act (42 U.S.C. 2282a) is amended by inserting
``Safety'' before ``Regulations''.
(c) Clerical Amendment.--The table of sections in the first section of that Act is amended by inserting after the item relating to section 234 the following new items:
``234A. Civil Monetary Penalties for Violations of Department of Energy
Safety Regulations.
``234B. Civil Monetary Penalties for Violations of Department of Energy
Regulations Regarding Security of Classified or Sensitive
Information or Data.''.
SEC. 3189. INCREASED PENALTIES FOR MISUSE OF RESTRICTED DATA.
(a) Communication of Restricted Data.--Section 224 of the Atomic Energy Act of 1954 (42 U.S.C. 2274) is amended--
(1) in clause a., by striking ``$20,000'' and inserting
``$400,000''; and
(2) in clause b., by striking ``$10,000'' and inserting
``$200,000''.
(b) Receipt of Restricted Data.--Section 225 of such Act
(42 U.S.C. 2275) is amended by striking ``$20,000'' and inserting ``$400,000''.
(c) Disclosure of Restricted Data.--Section 227 of such Act
(42 U.S.C. 2277) is amended by striking ``$2,500'' and inserting ``$50,000''.
SEC. 3190. RESTRICTIONS ON ACCESS TO NATIONAL LABORATORIES BY
FOREIGN VISITORS FROM SENSITIVE COUNTRIES.
(a) Background Review Required.--The Secretary of Energy may not admit to any facility of a national laboratory any individual who is a citizen or agent of a nation that is named on the current sensitive countries list unless the Secretary first completes a background review with respect to that individual.
(b) Moratorium Pending Certification.--(1) During the period described in paragraph
(2), the Secretary may not admit to any facility of a national laboratory any individual who is a citizen or agent of a nation that is named on the current sensitive countries list.
(2) The period referred to in paragraph (1) is the period beginning 30 days after the date of the enactment of this Act and ending on the later of the following:
(A) The date that is 90 days after the date of the enactment of this Act.
(B) The date that is 45 days after the date on which the Secretary submits to Congress a certification described in paragraph (3).
(3) A certification referred to in paragraph (2) is a certification by the Director of Counterintelligence of the Department of Energy, with the concurrence of the Director of the Federal Bureau of Investigation, that all security measures are in place that are necessary and appropriate to prevent espionage or intelligence gathering by or for a sensitive country, including access by individuals referred to in paragraph (1) to classified information of the national laboratory.
(c) Waiver of Moratorium.--(1) The Secretary of Energy may waive the prohibition in subsection (b) on a case-by-case basis with respect to any specific individual or any specific delegation of individuals whose admission to a national laboratory is determined by the Secretary to be in the interest of the national security of the United States.
(2) Not later than the seventh day of the month following a month in which a waiver is made, the Secretary shall submit a report in writing providing notice of each waiver made in that month to the following:
(A) The Committee on Armed Services and the Select Committee on Intelligence of the Senate.
(B) The Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
(3) Each such report shall be in classified form and shall contain the identity of each individual or delegation for whom such a waiver was made and, with respect to each such individual or delegation, the following information:
(A) A detailed justification for the waiver.
(B) For each individual with respect to whom a background review was conducted, whether the background review determined that negative information exists with respect to that individual.
(C) The Secretary's certification that the admission of that individual or delegation to a national laboratory is in the interest of the national security of the United States.
(4) The authority of the Secretary under paragraph (1) may be delegated only to the Director of Counterintelligence of the Department of Energy.
(d) Exception to Moratorium for Certain Individuals.--The moratorium under subsection (b) shall not apply to any person who--
(1) is, on the date of the enactment of this Act, an employee or assignee of the Department of Energy, or of a contractor of the Department; and
(2) has undergone a background review in accordance with subsection (a).
(e) Exception to Moratorium for Certain Programs.--In the case of a program undertaken pursuant to an international agreement between the United States and a foreign nation, the moratorium under subsection (b) shall not apply to the admittance to a facility that is important to that program of a citizen of that foreign nation whose admittance is important to that program.
(f) Sense of Congress Regarding Background Reviews.--It is the sense of Congress that the Secretary of Energy, the Director of the Federal Bureau of Investigation, and the Director of Central Intelligence should ensure that background reviews carried out under this section are completed in not more than 15 days.
(g) Definitions.--For purposes of this section:
(1) The term ``background review'', commonly known as an indices check, means a review of information provided by the Director of Central Intelligence and the Director of the Federal Bureau of Investigation regarding personal background, including information relating to any history of criminal activity or to any evidence of espionage.
(2) The term ``sensitive countries list'' means the list prescribed by the Secretary of Energy known as the Department of Energy List of Sensitive Countries.
SEC. 3191. REQUIREMENTS RELATING TO ACCESS BY FOREIGN
VISITORS AND EMPLOYEES TO DEPARTMENT OF ENERGY
FACILITIES ENGAGED IN DEFENSE ACTIVITIES.
(a) Security Clearance Review Required.--The Secretary of Energy may not allow unescorted access to any classified area, or access to classified information, of any facility of the Department of Energy engaged in the defense activities of the Department to any individual who is a citizen of a foreign nation unless--
(1) the Secretary, acting through the Director of Counterintelligence, first completes a security clearance investigation with respect to that individual in a manner at least as comprehensive as the investigation required for the issuance of a security clearance at the level required for such access under the rules and regulations of the Department; or
(2) a foreign government first completes a security clearance investigation with respect to that individual in a manner that the Secretary of State, pursuant to an international agreement between the United States and that foreign government, determines is equivalent to the investigation required for the issuance of a security clearance at the level required for such access under the rules and regulations of the Department.
(b) Effect on Current Employees.--The Secretary shall ensure that any individual who, on the date of the enactment of this Act, is a citizen of a foreign nation and an employee of the Department or of a contractor of the Department is not discharged from such employment as a result of this section before the completion of the security clearance investigation of such individual under subsection (a) unless the Director of Counterintelligence determines that such discharge is necessary for the national security of the United States.
SEC. 3192. ANNUAL REPORT ON SECURITY AND COUNTERINTELLIGENCE
STANDARDS AT NATIONAL LABORATORIES AND OTHER
DEFENSE FACILITIES OF THE DEPARTMENT OF ENERGY.
(a) Report on Security and Counterintelligence Standards at National Laboratories and Other DOE Defense Facilities.--Not later than March 1 of each year, the Secretary of Energy, acting through the Director of Counterintelligence of the Department of Energy, shall submit a report on the security and counterintelligence standards at the national laboratories, and other facilities of the Department of Energy engaged in the defense activities of the Department, to the following:
(1) The Committee on Armed Services and the Select Committee on Intelligence of the Senate.
(2) The Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
(b) Contents of Report.--The report shall be in classified form and shall contain, for each such national laboratory or facility, the following information:
(1) A description of all security measures that are in place to prevent access by unauthorized individuals to classified information of the national laboratory or facility.
(2) A certification by the Director of Counterintelligence of the Department of Energy as to whether--
(A) all security measures are in place to prevent access by unauthorized individuals to classified information of the national laboratory or facility; and
(B) such security measures comply with Presidential Decision Directives and other applicable Federal requirements relating to the safeguarding and security of classified information.
(3) For each admission of an individual under section 3190 not described in a previous report under this section, the identity of that individual, and whether the background review required by that section determined that information relevant to security exists with respect to that individual.
SEC. 3193. REPORT ON SECURITY VULNERABILITIES OF NATIONAL
LABORATORY COMPUTERS.
(a) Report Required.--Not later than March 1 of each year, the National Counterintelligence Policy Board shall prepare a report, in consultation with the Director of Counterintelligence of the Department of Energy, on the security vulnerabilities of the computers of the national laboratories.
(b) Preparation of Report.--In preparing the report, the National Counterintelligence Policy Board shall establish a so-called ``red team'' of individuals to perform an operational evaluation of the security vulnerabilities of the computers of the national laboratories, including by direct experimentation. Such individuals shall be selected by the National Counterintelligence Policy Board from among employees of the Department of Defense, the National Security Agency, the Central Intelligence Agency, the Federal Bureau of Investigation, and of other agencies, and may be detailed to the National Counterintelligence Policy Board from such agencies without reimbursement and without interruption or loss of civil service status or privilege.
(c) Submission of Report to Secretary of Energy and to FBI Director.--Not later than March 1 of each year, the report shall be submitted in classified and unclassified form to the Secretary of Energy and the Director of the Federal Bureau of Investigation.
(d) Forwarding to Congressional Committees.--Not later than 30 days after the report is submitted, the Secretary and the Director shall each separately forward that report, with the recommendations in classified and unclassified form of the Secretary or the Director, as applicable, in response to the findings of that report, to the following:
(1) The Committee on Armed Services and the Select Committee on Intelligence of the Senate.
(2) The Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
SEC. 3194. GOVERNMENT ACCESS TO CLASSIFIED INFORMATION ON
DEPARTMENT OF ENERGY DEFENSE-RELATED COMPUTERS.
(a) Procedures Required.--The Secretary of Energy shall establish procedures to govern access to classified information on DOE defense-related computers. Those procedures shall, at a minimum, provide that each employee of the Department of Energy who requires access to classified information shall be required as a condition of such access to provide to the Secretary written consent which permits access by an authorized investigative agency to any DOE defense-related computer used in the performance of the defense-related duties of such employee during the period of that employee's access to classified information and for a period of three years thereafter.
(b) Expectation of Privacy in DOE Defense-Related Computers.--Notwithstanding any other provision of law
(including any provision of law enacted by the Electronic Communications Privacy Act of 1986), no user of a DOE defense-related computer shall have any expectation of privacy in the use of that computer.
(c) Definitions.--For purposes of this section:
(1) The term `DOE defense-related computer'' means a computer of the Department of Energy or a Department of Energy contractor that is used, in whole or in part, for a Department of Energy defense-related activity.
(2) The term ``computer'' means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to, or operating in conjunction with, such device.
(3) The term ``authorized investigative agency'' means an agency authorized by law or regulation to conduct a counterintelligence investigation or investigations of persons who are proposed for access to classified information to ascertain whether such persons satisfy the criteria for obtaining and retaining access to such information.
(4) The term ``classified information'' means any information that has been determined pursuant to Executive Order No. 12356 of April 2, 1982, or successor orders, or the Atomic Energy Act of 1954, to require protection against unauthorized disclosure and that is so designated.
(5) The term ``employee'' includes any person who receives a salary or compensation of any kind from the Department of Energy, is a contractor of the Department of Energy or an employee thereof, is an unpaid consultant of the Department of Energy, or otherwise acts for or on behalf of the Department of Energy.
(d) Establishment of Procedures.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Energy shall prescribe such regulations as may be necessary to implement this section.
SEC. 3195. DEFINITION OF NATIONAL LABORATORY.
For purposes of this subtitle, the term ``national laboratory'' means any of the following:
(1) The Lawrence Livermore National Laboratory, Livermore, California.
(2) The Los Alamos National Laboratory, Los Alamos, New Mexico.
(3) The Sandia National Laboratories, Albuquerque, New Mexico.
(4) The Oak Ridge National Laboratories, Oak Ridge, Tennessee.
The CHAIRMAN. Pursuant to House Resolution 200, the gentleman from California (Mr. Cox) and the gentleman from Connecticut (Mr. Gejdenson) each will control 30 minutes.
The Chair recognizes the gentleman from California (Mr. Cox).
Mr. COX. Mr. Chairman, I yield myself such time as I may consume.
I am delighted that the amendment that the gentleman from Washington
(Mr. Dicks) and I are offering today has, like the report of our select committee itself, been brought to the floor in a bipartisan fashion, endorsed in this case by every Republican and Democratic member of our select committee. In addition, the amendment is supported by the representatives of the congressional districts in which our national weapons laboratories are located: the gentlewoman from New Mexico (Mrs. Wilson), the gentleman from Texas (Mr. Thornberry), the gentleman from Tennessee (Mr. Wamp) and the gentlewoman from California (Mrs. Tauscher). The amendment is also supported by the gentleman from New York (Mr. Gilman) and the gentleman from South Carolina (Mr. Spence) of the Committees on International Relations and Armed Services as well as by the gentleman from California (Mr. Dreier) of the Committee on Rules. All of these people have contributed in important ways to fashioning the amendment that is before us.
Last year, this House created the Select Committee on U.S. Security and Military/Commercial Concerns With the People's Republic of China to investigate efforts by the PRC to acquire American high technology for military purposes. It was my privilege to chair that committee and to serve with leaders on national security and foreign policy from both sides of the aisle, in particular our ranking Democratic member the gentleman from Washington (Mr. Dicks), at the time the ranking Democratic member also of the Permanent Select Committee on Intelligence. The vice chairman of our select committee was the gentleman from Florida (Mr. Goss), who was then and is now the chairman of the Permanent Select Committee on Intelligence. The gentleman from Nebraska (Mr. Bereuter), who serves as the chairman of the Subcommittee on Asia and the Pacific of the Committee on International Relations, was also a leader on the select committee, as were the gentleman from Utah (Mr. Hansen) and the gentleman from South Carolina (Mr. Spratt), senior members of the Committee on Armed Services, and the gentleman from Pennsylvania (Mr. Weldon), who on the Committee on Armed Services is the chairman of the Subcommittee on Military Research and Development. The gentlewoman from California (Ms. Roybal-Allard) and the gentleman from Virginia (Mr. Scott) were strong contributors to our committee and to the fashioning of this amendment.
I want to pay tribute to these of my colleagues who are hardworking and patriotic members who spent months on a very difficult and grueling investigation essentially behind closed doors without any notice by the rest of our colleagues. During that period of time we heard 150 hours of testimony from 75 different witnesses and reviewed over half a million pages of evidentiary material. The amendment that we are bringing to the floor today is a start on the implementation of the 38 recommendations of this select committee. Most of the legislative recommendations that our select committee has made fall within the jurisdiction of standing committees of the House of Representatives and of the other body, and for that reason are not being offered today, notwithstanding that we had half a year of hearings on our recommendations before reaching them. We are deferring at the request of those committees to their jurisdiction, but we hope and expect inasmuch as our recommendations were laid at their feet on the 3rd of January of this year that very shortly we will be back on the floor with the lion's share of the recommendations that our select committee has made.
What we have prepared for consideration today as a start on that process is an amendment that will require the Department of Defense to prepare the Technology Transfer Control Plans for satellite launches in the People's Republic of China, a very significant substantive matter into which the select committee inquired. The amendment will also require that the Department of Defense have highly trained employees to provide round-the-clock monitoring and security for these foreign launches that we have thought was always being provided ever since this program was adopted a decade ago. The amendment will require improved controls over information transmitted to the PRC during the course of launches. It will require the President to report on how he is implementing a key reform already adopted by the Congress last year, the transfer of satellite export control authority from the Commerce Department to the State Department.
Our select committee also recommended an improved intelligence community focus on the People's Republic of China's intelligence efforts directed against the United States, including reports to the Congress on PRC espionage and on technology transfers to the PRC. And we have recommended and called for in this amendment a five-agency inspectors general counterintelligence review of countermeasures against PRC technology acquisition. This amendment directly implements a recommendation in that respect of the select committee. Our report also calls for stronger multilateral governance of exports of certain militarily useful goods and technologies. We found that the United States should insist on PRC compliance with the MTCR, the Missile Technology Control Regime, and this amendment calls for follow-up on that.
We found that the United States should work to revive the strong multilateral proliferation controls that were dismantled in 1994. Our amendment responds by requiring the President to submit a full report on PRC compliance with the Missile Technology Control Regime, including a list of violations, and any remedial actions that he has taken. We require the President to work for new binding international controls on harmful technology transfers, so that when the United States controls an export, as in many cases we already do, we do not go it alone and we find that only our producers and our workers are injured with no national security benefit because someone else is rushing in to make the sale. We had a system just like this in 1994. It was allowed to dissipate and we need to show international leadership and put that system back together.
In furtherance of that goal, this amendment creates a new Office of Technology Security in the Department of Defense, dedicated exclusively to support of these efforts. Our report unanimously concluded that no adequate verification exists that high-powered computers, what used to be called supercomputers, now high-performance computers, that are exported to the PRC are being used for civilian rather than military purposes. We have called for the establishment of an open transparent system, an effective verification regime in the PRC by September of this year as a condition for export licensing and the continued sale of the current speeds of computers and even faster ones in the future.
We have also called for a comprehensive annual assessment of the national security implications of such exports. We direct the President in this amendment to revise the existing verification agreement with the PRC to include real on-site inspections. We have agreed in a bilateral with the PRC already in principle that this should occur but that bilateral is shot full of holes and we need to make it work. We need to have end use verification without notice, on demand, negotiated simply as a term of trade, not in any way calling into question the national sovereignty of the PRC. And we further require in this amendment a comprehensive annual report on the national security implications of these exports.
These are important improvements, but I want to emphasize this represents, even after we pass this amendment, unfinished business by this Congress. We have much work to do. Some additional hearings undoubtedly will be required but most importantly markups and the movement of legislation through our standing committees of jurisdiction to the floor so that we can do the heavy lifting that is called for in the full 38 of our recommendations, some 26 of which are touched upon although not implemented in full in the amendment that is before us today. In that regard, I am very happy that the gentleman from New York
(Mr. Gilman) of the Committee on International Relations has assured me that his committee will move legislation addressing these recommendations in the immediate future.
Our report found wholesale inexcusable security weaknesses at our Nation's national weapons laboratories, among the most sensitive national defense sites in our country. Our report recommended a battery of urgent reforms, and this amendment comprehensively implements them. We establish offices of foreign intelligence and counterintelligence within the Energy Department, reporting directly to the Secretary of Energy, as well as counterintelligence programs at each national laboratory. We require a DOE counterintelligence polygraph program, something that should have been in place frankly for a long time. We establish a moratorium on foreign visitor programs with a national security waiver that the Energy Secretary can issue until such time as there is certified and in place a program with adequate security measures. We bar access by foreigners to classified areas and information at Department of Energy facilities until they have been cleared, until the foreign visitors have been cleared for security. And we clarify and confirm that the Federal Government has every right, has now and in fact always has had every right to search defense-related computers throughout the DOE complex.
In conclusion, this is a balanced response to an urgent problem. It is a first of several important steps that we need to take. I want in closing to thank again the staff of the committees of jurisdiction that have worked with us in bringing this amendment to the floor and the staff of our select committee, including in particular our select committee staff director Dean McGrath, special counsel Mike Sheehy, the policy committee's executive director Ben Cohen and Jonathan Burks, Walker Roberts of the Committee on International Relations staff, Robert Rangel of the Committee on Armed Services staff, Andrew Hunter with the gentleman from Washington (Mr. Dicks) and Hugh Brady with the gentleman from South Carolina (Mr. Spratt). Their hard work has served the national interest.
Mr. Chairman, I reserve the balance of my time.
Mr. GEJDENSON. Mr. Chairman, I ask unanimous consent that in concluding my remarks, my time be handled by the gentlewoman from California (Ms. Lee).
The CHAIRMAN. Is there objection to the request of the gentleman from Connecticut?
There was no objection.
Mr. GEJDENSON. Mr. Chairman, I yield myself such time as I may consume. We had a select committee, and the select committee issued a report. In that report they stated that the appropriate congressional committees report legislation. But apparently we have now tried a new tack. To prevent opposition for this legislation, a lot of the most important provisions apparently have been removed. We now have nine or ten reports from the administration. I know we all look forward to getting more reports from the administration and that will be helpful to all of us. But I am fearful that the entire process is leading to a frenzy that will shut down American industry. And if there is anything that would harm American national security, it is our leadership in these very high tech fields. When we look at where computers come from these days, we find that we do not control all the computers. Approximately 14 of the top 25 manufacturers of workstations are not U.S. companies but foreign competitors. And even in the most powerful supercomputers, Hitachi, NEC and Fujitsu manufacture 20 percent of them. Now, when we look at what supercomputers are, we find that you can buy the next generation of Intel, which will have a 500 megahertz system, is what we are used to calling it, but if you put it in MTOPS, the same numbers the government uses, you will find that this computer which has a board that you can put eight chips in will operate at 16,000 MTOPS.
Now, when I first got to Congress, the Defense Department and the State Department prevented the sale of American machine tools, because our machine tools were so good they did not want the Russians to get them. We did that for so long that we no longer were the leader in machine tools. And finally when we caught the Russians getting a machine tool of the quality they wanted, what they bought was a Toshiba. If we are not very careful here, we will do little to increase our security as far as theft of American development, scientific and defense-related, but we will cripple the industries that give us the lead.
{time} 1400
If we start trying to block the kind of sales that are commercially available, countries will not just sit back and say, well, I cannot get it in the United States, so I am not going to go to Japan, I am not going to go to Taiwan, I am not going to go to Israel and Moscow and all the other places these products are available.
So, while we have this great instinct at the moment to respond to what clearly has been a problem, if we do not do it in a comprehensive manner, I think we will do more damage to American national security than we will to those trying to pilfer our secrets.
It is clear that what we need to do is rather than simply broaden our controls we need to narrow our controls and focus them on choke point technologies, fissionable material, the things that make weapons and the technologies we can control. If we try to control a product that is available in Radio Shack in Beijing, we are kidding ourselves.
Now in the discussions of having the follow on to COCOM to be a more effective force, we have now been through two administrations, and COCOM, even when the Soviet Union was at its height, we always had problem with our allies selling the technologies we wanted to control. With the end of COCOM, we have barely been able to get them to sit down in the room to discuss these technologies, but they are certainly not restricting the sale.
So what I see happening here is in an attempt to create the image of action we are taking steps that may not be harmful today but certainly are not, one, the comprehensive solution that we need in the comprehensive review and certainly violate the committee's own statement again where the committee stated that the appropriate congressional committees should report the legislation.
That is not a turf fight; that is about people who look at the entire issue, balance America's interest, both in security and economic, take a look at what is doable rather than simply ad hoc adding section after section.
Mr. BEREUTER. Mr. Chairman, will the gentleman yield?
Mr. GEJDENSON. I yield to the gentleman from Nebraska.
(Mr. BEREUTER asked and was given permission to revise and extend his remarks.)
Mr. BEREUTER. Mr. Chairman, I thank the distinguished gentleman from Connecticut for yielding as this Member needs to start a classified briefing with Dr. Perry on his North Korea visit.
I wanted to say that I understand the gentleman's concern, for example, about the potential loss of jurisdiction for the House International Relations Committee. I had those jurisdiction concerns myself, and still do to some extent, although part of yesterday was spent in discussing and negotiating, in effect, on this amendment's language with the gentleman from California (Mr. Cox) and indirectly with the gentleman from Washington (Mr. Dicks). Also, I am a member of the select committee that has done the work leading to this amendment by the gentleman from California, and I thank the gentleman from California for his kind remarks.
Sections 1401 through 1411 are, for the most part, with International Relations jurisdiction. We have seen changes in this amendment, but also I think it is incumbent on us to recognize that we need to look at the language of this amendment very closely, clearly before conference is conducted, to see if, in fact, the amendment might have unintended consequences that are not visible now. But I also think, as Chairman Cox suggested that our International Relations Committee needs to conduct oversight, as several other committees do as we proceed to the implementation of the recommendations in the Cox Committee's recommendations. I do understand the desire of the gentleman from California (Mr. Cox) to have action on his amendment now, and I think he has made great accommodations to our jurisdictional consensus.
As my colleagues know, the recommendations, the 38, were unanimously approved by the Cox select committee. Now comes the difficult task of writing appropriate legislation. So I do understand the concerns of the distinguished gentleman from Connecticut heard here today relating to jurisdiction. I think we on the International Relations Committee ought to commit ourselves to trying to move quickly on oversight but also to refine the language of this amendment as necessary in the next several weeks.
Mr. GEJDENSON. Reclaiming my time, I just add that, as my colleagues know, giving Members of Congress not even 24 hours to see the language on amendment of this nature is also problematic. I understand the negotiations were going on until the very end, but this is too serious to do on an ad hoc basis with a section here and a section there.
Mr. Chairman, I think if we look at that, at one point televisions were American. Next thing we know, they did not make them in America virtually. At one point machine tools, we have the leadership in manufacturing machine tools; it went to Japan. High tech is easier to move, cheaper to move and is available in lots of other countries. We are not careful, we are going to kill the American expertise and superiority in this area.
Mr. Chairman, I reserve the balance of my time.
Ms. LEE. Mr. Chairman, I yield 5 minutes to the gentleman from Washington (Mr. Dicks).
Mr. DICKS. Mr. Chairman, I rise in support of the Cox-Dicks amendment. The amendment is bipartisan and represents a good common ground that members of both parties can support. Most importantly, it will help to solve the important security problems we have at the Department of Energy, and before I go any further I want to echo and associate myself with the remarks of the gentleman from California who served this House in a very successful and distinguished way as chairman of the committee, the select committee, and it was about a year ago that we started down this road, and he has done an excellent job representing the House, and I am proud to associate myself with this amendment to start implementing the recommendations of our select committee. And I, too, want to compliment the staff, particularly the investigative staff who did a principle amount of the work on this very important issue.
I am proud that the House has managed to address this problem in a bipartisan fashion. We have had several bumps and long terms along the road, but we have arrived in the right place I believe. I commend the gentleman from California (Mr. Cox) for working hard to ensure the bipartisan agreement was possible. The amendment we have crafted, while not perfect, is a good one. I urge members to vote for this amendment to help solve the glaring security problems at the Department of Energy. Our new Secretary, Bill Richardson, is doing a great job there to solve these problems with the help of Ed Curran who is in charge of counter intelligence. We can help him, and we should.
This amendment codifies major portions of Presidential Decision Directive 61, PDD 61, to establish strong, independent Office of Counter intelligence at DOE with direct access to the Secretary, and I might point out in fairness the President had made his decision on this directive in February of 1998, four months before our select committee was established, and it took awhile to get the recommendations of Mr. Curran in place, but Secretary Richardson is doing that with great force and vigor.
This also, this amendment also requires regular polygraphing of employees handling sensitive nuclear information, greatly increases civil and criminal penalties for mishandling or release of classified information, imposes a strong moratorium on foreign visitors to national labs until strong security measures are in place, re-enforces prohibitions on giving classified information to foreign nationals, requires a comprehensive annual report on security and counter intelligence at all DOE defense facilities, requires a report and red team analysis of DOE computer vulnerabilities including funding for a new cyber security program and requires DOE employees to consent to searches of their work computers used in DOE defense activity as a condition of receiving security clearance.
Mr. Chairman, these measures are tough but appropriate, and they give Energy Secretary Richardson the authority he needs to solve the problem. That should be our goal today. Let us stay away from the blame game.
As I mentioned, this amendment is not perfect. It will require some further work in conference on a few issues. In particular it was my intention that this amendment would not affect the nuclear Navy, and we have committed to work on this issue in the context of conference committee, and in fact it is my belief that this amendment does not reach the nuclear Navy labs.
We have also agreed to address in conference the concerns that we may undermine existing bilateral agreements with China and Russia and interfere in launch campaigns with our European allies by requiring the Department of Defense to hire security personnel at launch campaigns. By the way, this was one of my recommendations, and I hope that we can keep it in place. We need to continue to work on it.
Again I want to thank the gentleman from California (Mr. Cox) for working with me on this amendment, and I urge every member to support it.
I think in addressing what my good friend, the gentleman from Connecticut (Mr. Gejdenson) has said earlier, it was our intent and our hope that each of the committees of Congress that has jurisdiction would take action, and of course the defense authorization bill gave us a vehicle working with members of the defense committee, the gentleman from Missouri (Mr. Skelton), the gentleman from South Carolina (Mr. Spratt), the gentleman from Pennsylvania (Mr. Weldon) and others who are members of the committee in a bipartisan fashion to draft this amendment. So we are trying our very best to live up not only to our select committee's recommendation, but also to respect the jurisdiction of the House and the committees in the House, many of whom were involved in the drafting of this amendment.
So, again it has been a great pleasure to work with the gentleman from California (Mr. Cox) and his staff on drafting this amendment and working on the select committee report. I think it was good that in a time of upheaval here in the House, during impeachment that we could come to a bipartisan agreement on an important national security issue.
Mr. COX of California. Mr. Chairman, I yield 4 minutes to the gentleman from Florida (Mr. Goss), Chairman of the Permanent Select Committee on Intelligence and the Vice Chairman of the Select Committee.
(Mr. GOSS asked and was given permission to revise and extend his remarks.)
Mr. GOSS. Mr. Chairman, I want to take the opportunity in this debate to restate to the whole House and to the whole world the important work that was done by the subcommittee of the gentleman from California (Mr. Cox). I think it is very fair to say that it was bipartisan, it was unanimous, and it was extraordinarily significant, and that just did not happen by circumstance.
I rise in strong support of the bipartisan amendment that we have got before us today. Obviously the amendment provides reasonable steps to start the process, to carry out some, not all, of the recommendations of the Cox committee.
I want to commend very much publicly the gentleman from California
(Mr. Cox) and ranking member (Mr. Dicks), other members of the committee, for their excellent work, for their very strong leadership in what I think is obviously a vital national security matter, and anybody who reads the report would have to come to that same conclusion. It was a pleasure to be associated with that effort.
However I speak as Chairman of the Permanent Select Committee on Intelligence and Vice Chairman of the Cox Committee on China both today because I have tried to serve as a bridge between the two organizations. Obviously the intelligence peace is just one part of what the Cox committee did, but it is a very important part, and now that the Cox report has been released, those committee chairmen with jurisdiction over various aspects of our findings on the Cox committee can get down to the business and will get down to the business of taking legislative and other steps to implement the recommendations in the bipartisan undertaking that that committee was. Hence the amendment today.
With this in mind, Mr. Chairman, I have asked that the Permanent Select Committee on Intelligence move forward in 6 specific areas. First we will examine all manner of Chinese directed espionage against the United States. That is no small matter. Second, we will examine Chinese directed covert action type activities conducted against the United States such as the use of agents of influence and efforts to subvert or otherwise manipulate the United States political process, something that is near and dear to our hearts and must not be tampered with. Third, we will examine counterintelligence programs, past, present and proposed, for the Department of Energy, Department of Defense, for the national labs, with the emphasis on the adequacy of the proposed enhancements and the structural changes meant to manage them. Fourth, we will investigate the issue of whether the Permanent Select Committee on Intelligence was kept properly advised of developments by the FBI and the Department of Energy. This is important because there is conflicting testimony, and oversight is a tradition in this House, but it is also a responsibility in this House. It is built on trust and candor, and we must have that between the branch of government. So that is an area that must be cleared up.
Fifth, we will examine issues relating to the role the intelligence community plays in supporting policymakers in determining U.S. export and technology transfer policies. Certainly there is an argument that can be made that we were a little over zealous in selling things that perhaps we should have been more cautious about. That in no way takes away from the thought that my friend and colleague from Connecticut has expressed that we must have access to the international marketplace. Quality of life in this country, jobs in this country, depend on our ability to export, but we need to be smart about what we export and make sure it is always to our advantage. And finally, we will examine the policy of treating advanced counter intelligence investigations principally as law enforcement rather than national security matters.
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We have to determine whether it is more important that a spy end up behind bars, even if it takes years of investigation, than for the hemorrhaging of the national security data that can be stopped.
In addition, our FY 2000 intelligence authorization included provisions that respond directly to problems raised in the Cox report and some of the matters in this amendment. These include new funds for such things as red teaming CIA's China analysis, improving CIA information security, background investigations, understanding and defeating foreign denial and deception techniques which are out there, and running more and better offensive operations against hostile foreign intelligence services, which we in fact know are conducting espionage against the United States of America, its personnel and its secrets.
We provided funds to improve the Department of Energy's counterintelligence capabilities, analysis of foreign nuclear programs, cyber security and other such matters. We are increasing funds for FBI agent training in counterintelligence and DOD acquisition and information systems protection. We are funding more linguistic capabilities across the intelligence community and many more details we are beefing up. It is important we do this because we have let down. This amendment helps us. We are in support of it.
Ms. LEE. Mr. Chairman, I yield one minute to the gentleman from Missouri (Mr. Skelton), the ranking member of the Committee on Armed Services.
Mr. SKELTON. Mr. Chairman, I thank the gentlewoman for yielding time to me.
Mr. Chairman, I rise in support of this amendment. It is worthy of our support. It is a comprehensive approach put together by experts after extensive study. Let me commend the committee that took testimony and studied this issue at length. In particular, the gentleman from California (Mr. Cox) and the gentleman from Washington (Mr. Dicks) did first class work thereon.
There is no doubt that this amendment is prepared by a bipartisan group, and it is certainly timely, because we recently discovered these problems. While it might not be perfect, it is a great start for us to move into the conference with the Senate.
I commend the sponsors and those who worked so hard on this amendment. I urge my colleagues to support it. Again, I commend the gentleman from California (Mr. Cox), the gentleman from Washington (Mr. Dicks), and those members of the committee who put so much effort into it.
Ms. LEE. Mr. Chairman, I yield 2 minutes to the gentleman from Virginia (Mr. Scott).
Mr. SCOTT. Mr. Chairman I rise in support of the amendment. As a member of the select committee, I want to congratulate the gentleman from California (Mr. Cox) and the gentleman from Washington (Mr. Dicks) for the bipartisan manner in which they handled this very important national security matter.
I would also like to publicly thank my two colleagues for offering our committee's recommendations to the defense authorization bill before us today. I urge Members of this body to support and accept the bipartisan and unanimous findings and recommendations of the committee by voting for this amendment.
This language, the language in the amendment, gives Congress the common ground needed to enhance the Nation's intelligence infrastructure and prevent our country from repeating many of the episodes which occurred over the past few years.
Mr. Chairman, we could take the next few hours taking partisan potshots that criticize this agency or that administration or in fact any Congress over the last 20 years for not taking any of the perceived and real espionage threats seriously. However, I believe that this House can contribute much more to our country today and begin to move forward by focusing on fixing the problem, rather than casting blame. This amendment addresses a number of concerns and offers several steps to strengthen this country's national security. This is a strong bipartisan constructive effort to solve the national security problems that our committee examined over the past year, and I urge my colleagues to adopt the amendment.
Mr. COX. Mr. Chairman, I yield 3 minutes to the gentlewoman from New Mexico (Mrs. Wilson).
(Mrs. WILSON asked and was given permission to revise and extend her remarks.)
Mrs. WILSON. Mr. Chairman, I rise in support of the amendment before us today, and I wanted to thank the gentleman from California (Mr. Cox) and the gentleman from Washington (Mr. Dicks), as well as the gentleman from Texas (Mr. Thornberry), the gentlewoman from California (Mrs. Tauscher), the gentleman from South Carolina (Mr. Spratt) and their staffs for this hard work on this amendment over the last month. This is a serious effort by serious people who spent considerable time and thought on this problem, and I thank them for their efforts to make our laboratories safe from our Nation's adversaries.
Let me say a word or two about these laboratories. Millions and millions of people here and abroad now enjoy personal and political freedom because these labs, employing some of the greatest minds in the world, have allowed us to defend ourselves against the enemies of freedom. The list of Nobel Prize winners from America's national labs is staggering. The number of scientific breakthroughs is breathtaking. The number of seminal discoveries is unparalleled in any other group of institutions in the world. These labs are treasures for science and for freedom. It should not surprise us then that these laboratories have been the target of systematic, relentless assault by the People's Republic of China.
Over the last few months, through the investigation of the gentleman from California (Mr. Cox) and his committee, we have seen the breakdown of institutions of government. We have seen one hand of government not know what the other hand of government was doing. There were errors and omissions and miscommunications and failures of policy and procedure.
In all of this, one fact remains: With only one exception that we know about, the employees of the laboratories remained loyal Americans, putting the Nation's interests above their own. That is why this amendment is so important. It recognizes that the problem is not the people; it is the system, and this amendment addresses the problems in the system, across a broad spectrum of activities.
It directs a review of the organizational structure of our nuclear weapons complex; it establishes an office of counterintelligence and foreign intelligence within the Department of Energy; it requires each lab to have a counterintelligence program; and it establishes a counterintelligence polygraph program; it enhances civil and monetary penalties; and deals with the issue of foreign visitors in a way that protects our national secrets, while allowing our scientists to be engaged in a broader scientific community. It also addresses the emerging problem of computer security, ensuring there is an annual evaluation, an operational evaluation, of national laboratory computer systems.
I want to commend the select committee on its analysis and its identification of the serious problem of our failure as a Nation to protect our national secrets. This amendment goes a long way toward beginning the restoration of that security.
Ms. LEE. Mr. Chairman, I yield two minutes to the gentlewoman from California (Mrs. Tauscher).
Mrs. TAUSCHER. Mr. Chairman, I thank the gentlewoman for yielding me time.
Mr. Chairman, I rise in strong support of the Cox-Dicks amendment. Working with the gentleman from California (Mr. Cox) and the gentleman from Washington (Mr. Dicks) and my other colleagues has exemplified the bipartisan spirit and cooperation that the nation deserves in formulating a sensible response to the security deficiencies at our national laboratories.
The report that the gentleman from California (Mr. Cox) and the gentleman from Washington (Mr. Dicks) released last month was startling in that it exposed 20 years of systemic failure in our counterintelligence operation that spanned several administrations. Our intelligence agencies failed to embrace new technologies and our counterintelligence units failed to protect our secrets above all else. Our gravest error has been the lack of an individual clearly responsible for protecting our Nation's secrets.
This amendment, Mr. Chairman, will take us a long way in solving the structural deficiencies in our counterintelligence operation and improving security at the laboratories. It establishes a structural chain of command with ultimate authority for protecting our secrets with the Secretary of Energy and it gives the Secretary the tools to do it, such as polygraph examination of scientists with access to the most sensitive information and increased financial penalties for employees who mishandle classified material.
We are fortunate that Energy Secretary Richardson has stepped forward to assume that responsibility. This legislation provides him with the authority and tools he needs to manage the job.
Mr. Chairman, I urge my colleagues to support this important amendment.
Mr. COX. Mr. Chairman, I yield 2 minutes to the gentleman from Pennsylvania (Mr. Weldon).
(Mr. WELDON of Pennsylvania asked and was given permission to revise and extend his remarks.)
Mr. WELDON of Pennsylvania. Mr. Chairman, I rise in support of this legislation, but I do want to make two points. The first point I want to make is I want to congratulate both the gentleman from South Carolina (Mr. Spence) and the gentleman from Missouri (Mr. Skelton) because this is not a new issue for the Committee on Armed Services. In fact, during the last several years, it has been a tireless effort on behalf of both the gentleman from South Carolina (Mr. Spence) and the gentleman from Missouri (Mr. Skelton) to address the very concerns that were dealt with in great detail by the Cox committee.
I can remember having debates on this floor about the elimination, largely pushed by our government, of COCOM and that process that greatly troubled Members on both sides of the aisle. I can remember amendments on past defense bills where we focused on the need to deal with the proliferation of the exportation of computers and high technology. So I want to give appropriate credit to the authorizing committee for the leadership role it has played in the past on these issues.
Secondarily, I want to make the statement that this amendment is not the end. It is the beginning. This does not solve all of our problems. Our problems are not just with the labs. In fact, many of the problems at our labs are created by ourselves when in the 1993-94 time frame we did away with the color coded classification status and we put a moratorium on the FBI background checks. Those were things we did ourselves. We should not have done it back then, and now we are trying to right that wrong. But this does not solve all of our problems, and we must commit ourselves to work on all of the recommendations contained in the Cox committee report, which I had the pleasure of serving on.
Mr. Chairman, the bottom line here is that this is not just a problem of our laboratories, it is a problem of our export policies, and this is not to say that we want to stop our country from exporting abroad. It is a case of providing a common sense approach, working with American industry, to make sure we are competitive, but that we do not open the door for all kinds of technologies to be sold to Tier III nations or those nations that our State Department lists as terrorist nations.
As I said when we released the Cox committee report, the basic problem in my mind was the failure of our government to protect the American people. I am sure we can blame China or we can blame companies, but, in the end, our government has failed us. This takes one step forward to try to begin to address those concerns.
Ms. LEE. Mr. Chairman, I yield 3 minutes to the gentleman from South Carolina (Mr. Spratt).
(Mr. SPRATT asked and was given permission to revise and extend his remarks.)
Mr. SPRATT. Mr. Chairman, I rise in support of the amendment and I salute the gentleman from California (Mr. Cox) and the gentleman from Washington (Mr. Dicks) for taking the lead in working this amendment out.
This amendment started as a bipartisan effort to address the counterintelligence problem at DOE. It included the gentleman from Texas (Mr. Thornberry), the gentlewoman from New Mexico (Mrs. Wilson), the gentleman from Washington (Mr. Dicks), and myself.
When our amendment was not made in order under the first rule, a number of other amendments which really duplicate component parts of this were made in order. They are still made in order under this rule, which creates a problem. We were principally working as an alternative to a moratorium proposed by the gentleman from Kansas (Mr. Ryun) in an amendment which will later be brought up which would effectively, in my opinion, ban the foreign visitors program at the national laboratories. We tried to come up with constructive alternative to that, something that would put in this counterintelligence where needed, strengthen security, but not abolish the program.
After the rule was not made in order, the gentleman from California
(Mr. Cox) joined our effort to come up with a bipartisan compromise, and he added provisions to the amendment that relate to export controls. We have spent a couple of days trying to iron those out. While there are still wrinkles, we have a bill that we think is an acceptable piece of work and one we can support.
I still find problems with it and want to serve notice that we have got work to do in conference. For example, just to take as one example, section 1407. We direct the President to negotiate an agreement with China that will include end use verification of any high performance computers that are exported to China.
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I agree with that goal, but I am also realistic. I doubt any sovereign nation which has not been defeated in war would agree to end use verification without notice. I question the wisdom of legislating unattainable objectives.
Nonetheless, this is better than the original draft. It is a good compromise. We still have some work to do in conference. I am particularly pleased with section 3109. This addresses the controversial issue of foreign visitors to our labs.
We have crafted a bipartisan provision in the Cox/Dicks amendment that will make the necessary security improvements to our labs without crippling international programs that are critical to national security, Nunn-Lugar, our lab-to-lab programs with the FSU, the former Soviet Union, to make sure bomb grade plutonium and uranium will not fall into the hands of countries which we do not want to have it, or terrorist organizations; training the IAEA inspectors, things like that that are constructive, useful, and can only take place at the labs because that is where the expertise lies.
Our provision allows the program to stand but puts new restrictions on it. The Ryun amendment in my opinion would require a 2-year moratorium that effectively bans the program. We think we have a good bipartisan solution here. We recommend the entire amendment.
We would also say to Members as other amendments come up that this amendment really takes care of the Ryun amendment. It is a better solution. This amendment makes unnecessary, I would suggest, the amendment offered by the gentleman from California (Mr. Hunter) on polygraph because we codify the polygraphs requirements the administration is now putting in place.
This also makes unnecessary a number of other amendments because we have subsumed them and included them in this particular amendment. It is a good amendment. I recommend its adoption.
Mr. COX. Mr. Chairman, I yield 1 minute to the gentleman from Texas
(Mr. Thornberry).
Mr. THORNBERRY. Mr. Chairman, I rise in support of this amendment. I have been part of a group that has worked for several weeks on an appropriate, constructive proposal to deal with some of the security problems we have found.
I was concerned, frankly, that some of the ideas floating around here were simply a reaction, without thinking and working through the implications. I was also concerned that some of them focus on just little pieces of the problem without looking at the broader problem.
I think this amendment is balanced. It does deal with the wide range of security problems. It is commonsense, but yet it significantly improves the security at our nuclear weapons labs and other places, but it also allows important work to continue, work that is in our national interest. It does not cut off our nose to spite our face.
I think the other key point to be made is this is not the complete response. I agree completely with what the gentleman from California
(Chairman Cox) has said, that we have more work to do. The Cox committee said, for example, we need to look at whether the Department of Energy is even equipped to handle the Department of Energy's nuclear weapons complex. GAO has said the same thing. We have got more work to do to get to the bottom of the problems which arose here.
Ms. LEE. Mr. Chairman, I yield 4 minutes to the gentlewoman from Hawaii (Mrs. Mink).
Mrs. MINK of Hawaii. Mr. Chairman, I thank the gentlewoman for yielding time to me.
Mr. Chairman, the task the Select Committee on the People's Republic of China was given was to investigate breaches in national security, and it was a difficult one. Espionage charges against certain spies or foreign agents was expected to emanate from this investigation. A lot of the information that was alluded to was put in parenthesis to indicate that further investigations were ongoing and that the administration did not wish to have all of this information disclosed at this time.
There were a few charges, most of them previously noted, some including convictions and many others are still under investigation.
It described, I think, more importantly the general technique used by the People's Republic of China. There was detailed discussion regarding theft of certain classified information in the report. It described the actions of certain U.S. satellite manufacturers which served to transfer technology relevant to nuclear missile development. It highlighted the failures of the U.S. security system to protect these important nuclear secrets.
I think that all of these are important disclosures on how these breaches of national security occurred. I think the committee needs to be applauded for pointing this out and bringing it to the attention of the Congress of the United States.
I rise today, however, to caution my colleagues on the implementation of these concerns we have heard articulated today, that we do not indirectly or maybe purposefully encourage race-baiting our loyal American citizens who are following the law, making important contributions in our nuclear labs and in other sensitive areas in private industry, making important, notable achievements to our scientific knowledge and our database, to our country; and that these individuals, if they are Chinese or Asians generally, are not singled out for special considerations, for special testing, for security investigations, perhaps even having their security clearances pulled while ongoing further investigations happen.
I think it is important for people not to say, we have three volumes of reports and it is significant, and rely on the newspaper's account. I call to the attention of this body three pages at least, page 91, pages 40, 41, and page 2, and commend this Congress to read it.
Volume I, Page 91 is particularly disconcerting to most of us who are concerned about the potential of scapegoating loyal Americans. Page 91 says, ``The PRC employs various approaches to coop U.S. scientists to obtain classified information. These approaches include appealing to common ethnic heritage, arranging visits to ancestral homes and relatives, paying for trips and travel to the PRC, flattering the guest's knowledge and intelligence, holding elaborate banquets to honor these guests, and doggedly peppering U.S. scientists with technical questions.''
On page 40, Mr. Chairman, it says ``U.S. scientists who are overseas in the PRC are prime targets for approaches by professional and nonprofessional PRC organizations who would like to coopt them. Select committees have received information about Chinese American scientists from the U.S. nuclear design labs being identified in this manner.''
Page 41 says, ``The number of PRC nationals attending educational institutions in the U.S. presents another opportunity for the PRC to collect sensitive technology. It is estimated that at any given time, there are over 100,000 PRC nationals who are attending U.S. universities who have remained in the U.S. after graduating.''
It goes on further to say, ``The Select Committee judges that the PRC is increasingly looking to PRC scholars who remain in the U.S. as assets who have developed a network of personal contacts that can be helpful to the PRC.''
I submit that all of this suggestive language enlarges the reach of the investigation and interjects doubt and suspicion regarding all of the Chinese American citizens who are here who are in fact loyal American citizens.
I caution this Congress to pay attention to the potential harm this kind of allegation can bring to this large, loyal segment of our American community.
Mr. COX. Mr. Chairman, I yield 3 minutes to the gentleman from Texas
(Mr. DeLay), the House majority whip.
Mr. DeLAY. Mr. Chairman, I rise in support of this amendment brought to us by the gentleman from California (Mr. Cox) and the gentleman from Washington (Mr. Dicks), and I congratulate the two of them for an outstanding job and a great service to the American people. Also I commend their committee. The American people owe them a great deal of praise for the work they have done.
American national security has been squandered for too long. It is time for this Congress to correct that problem. The revelations in the Cox report could not be more startling. The People's Republic of China orchestrated a multifaceted cabal of spies to methodically steal all of America's nuclear secrets. This theft by the Communist Chinese was so complete that the bipartisan Committee on National Security has concluded that the PRC's nuclear weapons design is now on a par with our own.''
I know the press is trying to sweep this story under the rug. The fiasco exposed in the Cox report is being painted as simply another innocent and unavoidable blunder where no one is to blame. In other words, it is no big deal. But considering the military ambitiousness of Red China, there can be no doubt that this is only the tip of the iceberg. They are going full steam ahead with their nuclear weapons program, and using our technology to build it.
Because of gross negligence at the White House, future PRC warheads aimed at the United States will largely be the product of American expertise. Predictably, the Clinton administration is trying to ride out this storm, like it always does. The difference is this tempest puts our whole Nation at risk. There can be no compromises when the security of America is at stake. We have to shore up security and counterintelligence failures, and begin a serious battle against espionage.
This amendment does that by establishing new procedures to combat the vulnerability of classified technology. It also requires the President to submit detailed reports to Congress on security matters concerning our arsenals in Red China.
This amendment is only the beginning. Much more must be done, because there are consequences to the President's careless disregard to protect classified information, and it is time we tackle that problem. Americans can be reassured, and China should know that this issue will not fade away. This is just the first step.
China must not mistake the weakness of our President for the weakness of the American people. Congress must be strong where the administration has been weak. We need to flex our muscles and let the world know that America takes its national security seriously.
Ms. LEE. Mr. Chairman, I yield 2 minutes to the gentleman from Guam
(Mr. Underwood).
(Mr. UNDERWOOD asked and was given permission to revise and extend his remarks.)
Mr. UNDERWOOD. Mr. Chairman, first I want to commend both the chairman, the gentleman from California (Mr. Cox) and the ranking member, the gentleman from Washington (Mr. Dicks) on this report, and for working diligently on the issues of security presented by the recent situation that we face at the Department of Energy. I want to particularly thank them for the deliberate nature in which they addressed these issues, and also for not politicizing it, unlike some people who have come to the floor.
In times of concern over national security, we must remind ourselves that sparing no effort to ensure our national security should not be at the expense of our basic beliefs about the civil rights of our people as a whole, as members of ethnic groups, and as individuals. In times of heightened concern about the national security, it is sometimes all too easy to conclude that there may be groups of people among us who are contributing to our national insecurity.
The most tragic example in American history was the treatment of Japanese Americans during World War II, but in recent memory we have stigmatized Arab Americans, especially in the immediate reaction to the Oklahoma bombing.
Of course, we have many allegations of racial and ethnic profiling in many communities around the country. It is vitally important to our national security to continue to ensure the security of our military secrets, but also our civil rights. We should spare no effort to ensure that no one is profiled or stigmatized or asked additional questions or given special treatment or subjected to lie detector tests because of their ethnic background.
We must stand firmly for the national security of our military knowledge and our military technology, but equally firm for civil rights and fair treatment, which marks our society as unique in the world.
I wish to express my concern that Asian-Pacific Americans are not placed under a cloud of suspicion, and that all of the procedures being suggested today, as I know they have by both the gentleman from California (Chairman Cox) and the ranking member, the gentleman from Washington (Mr. Dicks),that every one be examined for any potential problems. Let us make sure that all our security concerns really deal only with security concerns.
Mr. COX. Mr. Chairman, I yield 3\1/2\ minutes to the gentleman from New York (Mr. Gilman), the chairman of the Committee on International Relations.
(Mr. GILMAN asked and was given permission to revise and extend his remarks.)
Mr. GILMAN. Mr. Chairman, I thank the chairman for yielding time to me.
Mr. Chairman, I am pleased to rise in strong support of the Cox/Dicks amendment, which implements key recommendations of the Select Committee on the U.S. National Security amd Military/Commercial Concerns for the People's Republic of China.
I want to thank the gentleman from California (Mr. Cox) for working with our Committee on International Relations to modify many of those provisions in his amendment that fall within our committee's jurisdiction. I am both gratified and saddened by the success of the Select Committee.
The gentleman from California (Mr. Cox), the gentleman from Washington (Mr. Dicks), and their colleagues on the Select Committee, including the gentleman from Nebraska (Mr. Bereuter), one of the subcommittee members, have provided an outstanding service by exposing not only Chinese espionage against the crown jewels of our defense establishment, but in bringing to light the failure of the Clinton administration to safeguard our military secrets and in putting trade and commerce ahead of our national security.
The advances in nuclear weapons and ballistic missiles that China will reap from their acquisition of American science and technology directly undermine the fundamental national security of our Nation.
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The impact of the loss of these military-related secrets to the national interests of our Nation and to peace and stability of Asia, though, is incalculable.
In addition, we must be greatly concerned about the prospects of Chinese proliferation of stolen American nuclear and missile secrets to rogue regimes and others in the Middle East and in South Asia.
Beijing's aggressive actions have in fact proven what many have long suspected: that the Chinese view our Nation, not as a strategic partner, but as a chief strategic obstacle to its own geopolitical ambitions.
The continued assertion by this administration that the United States and China are strategic partners is naive and misguided and certainly cannot be found in Chinese actions and policies to date.
Regrettably, the Clinton administration's response to this threat to our national interest is at best anemic. The Congress has a great deal to do to rectify the problems that have properly been identified by the Cox committee.
This legislative package is the sound first step in addressing those problems. Our Committee on International Relations stands committed to working with the Committee on Armed Services in fully investigating these issues and in implementing the Cox committee's recommendations.
The Committee on International Relations has already held two hearings to hear testimony from the gentleman from California (Mr. Cox) and the gentleman from Washington (Mr. Dicks), and we have already acted on one of the select committee's recommendations. That provision is included in the measure that we will be taking up next week, H.R. 973, the Security Assistance Act of 1999. That bill includes a provision to impose higher civil and criminal penalties against companies which violate our export laws.
I urge my colleagues to support the amendment and to support the Cox-
Dicks report.
Ms. LEE. Mr. Chairman, I yield 1\1/2\ minutes to the gentlewoman from California (Ms. Pelosi).
Ms. PELOSI. Mr. Chairman, I want to take the occasion of the debate on the report, on the Cox-Dicks report, to comment on comments made by our colleagues, the gentlewoman from Hawaii (Mrs. Mink) and the gentleman from Guam (Mr. Underwood) regarding the issue of sensitivity on the issue of our Asian-American community.
But sensitivity is not really enough of a word. We certainly have to be sensitive as we go forward that the FBI in its investigations does not look into the background of anyone because of their ethnic background or their surname. Certainly they must be sensitive, but we have to make certain that one of the casualties of this investigation is not the good reputations of the people who have been so important to our national security--people from our Asian-American community, with their brilliance, with their patriotism, with their dedication.
I hope that as we go forward with all of these amendments and all of the investigations that will continue, that we do not shed a light of suspicion on individuals or companies or concerns in America. I happen to be blessed in my district with a large Asian-American population, mostly Chinese American. Many of those families have been there longer than my own. They have been there for many generations. Some have been there for only many days. But all of them love America.
They came here for a reason. We are the freest country in the world, and we cannot let this espionage investigation jeopardize that. Our country's attitude toward people and their rights cannot be a casualty of this investigation. I am particularly concerned, as one who has never pulled a punch in criticizing China and its activities in terms of human rights, proliferation and trade. I want to say here unequivocally that the jeopardizing of our rights in this country would be a more destructive consequence than any espionage we can find in this investigation.
Mr. COX. Mr. Chairman, I reserve the balance of my time.
Ms. LEE. Mr. Chairman, I yield 2 minutes to the gentleman from New Jersey (Mr. Menendez).
(Mr. MENENDEZ asked and was given permission to revise and extend his remarks.)
Mr. MENENDEZ. Mr. Chairman, I intend to support this amendment. But I really have real concerns when there are those who would use national security to achieve partisan political advantage. However, in their zealous effort to make this a partisan political issue, even though it goes back 2 decades and even though it includes efforts during Republican administrations to have some turn us back to the Stone Age.
There was an original amendment which would have restricted the export of your basic laptop computer to China. That simply is not reality.
We need to proceed as we move on beyond this amendment cautiously with this debate. This near faux pax would have been disastrous for American industry while having no impact on China. We need to carefully consider how to best address our national security while simultaneously taking into consideration the reality of today's global marketplace, and we need to understand that America does not have a monopoly on advanced technology.
Now, the Subcommittee on International Economic Policy and Trade, of which I am the ranking Democrat, has jurisdiction over the Nation's export control policies. I am disconcerted that we have not had an opportunity to consider the proposals contained in the amendment before us in the subcommittee or in the full committee.
So we look forward to working on those issues in the days ahead. But the issues raised in the Cox-Dicks report are not partisan issues. Democrats and Republicans are equally concerned about our national security.
So let us proceed with caution and address the issues raised by the report in a responsible manner, with the full input of the relevant committees, industries, and government agencies. Let us not unfairly stigmatize Americans of Asian descent who have contributed to the greatness of this country.
I believe that everyone in this Chamber wants to ensure the national security of the United States. But we also have to do it in a way that keeps the tip of the iceberg in terms of America's technology away from those others who may not have it in the global marketplace, but make sure we are competitive in all other respects. No one has a cornerstone on national security interest in this Chamber.
Ms. LEE. Mr. Chairman, I yield 45 seconds to the distinguished gentleman from Connecticut (Mr. Gejdenson), the ranking member of the Committee on International Relations.
Mr. GEJDENSON. Mr. Chairman, I have heard some of the debate here. Some try to make it seem that this is a Clinton-era problem. It is hard to make that argument with problems that date back to 1982. Some of the Members who spoke on the floor said, oh, this is just because we lost COCOM. COCOM left us. We never lost it. They left us once the Soviet Union fell apart.
We cannot get our allies to agree to fully significant controls. The Bush administration could not save it, and the Clinton administration could not save it. We have to deal with that reality, or we will take actions here that will only injure American dominance in these high-
tech areas.
Ms. LEE. Mr. Chairman, I yield 45 seconds to the gentleman from Washington (Mr. Dicks).
Mr. DICKS. Mr. Chairman, I want to, just as we end this debate, again thank the gentleman from California (Mr. Cox) and his staff for the cooperation we have had in drafting this amendment. I think this amendment will go a long ways to dealing with the security problems at our national labs.
I can tell my colleagues, Secretary Bill Richardson, Ed Curran, one of our finest FBI leaders in this country, are committed to finally getting this problem cured and resolved. This is the heart and soul of this amendment. It is the heart and soul of our report.
I want to thank all of my colleagues, the gentleman from South Carolina (Mr. Spratt), the gentleman from Virginia (Mr. Scott), and the gentlewoman from California (Ms. Roybal- Allard) for their leadership on the committee.
We had a good team, and the Republicans had a good team. Let us have an overwhelming vote for this Cox-Dicks amendment.
Mr. COX. Mr. Chairman, I yield 1 minute to the gentleman from California (Mr. Cunningham).
Mr. CUNNINGHAM. Mr. Chairman, I rise in strong support of the Cox-
Dicks amendment. It is one thing to spin that administration to administration had problems; it is another thing for the President of the United States to know about it, be briefed in 1996, and do nothing. That is what in my opinion is criminal.
Let me give my colleagues a couple of ideas. I encourage all of my colleagues to go and get the classified brief. We had an asset, I cannot tell my colleagues what it is on the floor. We were building a countermeasure for that asset. It would not have worked. We got the asset. It not only saved the billion dollars, now we can build it.
Secondly, we have an asset against our fighter pilots. Ninety percent of the time, both in the intercept and in the engagement, our pilots die. We have that asset. It also helps us design what we need into the joint strike fighter, what we do into the F-22.
Doing the opposite things gives the Chinese, not only saving billions of dollars for a W-88 warhead and our technology, but it allows them to be more dangerous in the weapons that they could put at the United States. So this Cox-Dicks amendment is very very important. It is a good first step.
Mr. COX. Mr. Chairman, I yield 1 minute to the gentleman from San Diego, California (Mr. Hunter).
Mr. HUNTER. Mr. Chairman, I want to thank the two authors of the report along with all the committee members who participated in it.
This amendment is very strong in a couple of ways. It gives at least a temporary review to the Department of Defense for militarily critical technology that could be sent to potential adversaries. That is a very important thing.
It also tries to reinstate a structure, a multilateral structure where we can persuade our friends, other nations, our allies to join with us in restricting militarily critical technology from going to potential enemies.
Now, let me just say there is unfinished business in this report and in this amendment. After this thing passes, we will still have supercomputers going to China where we have no end use verification. We will still be sending American satellites to China for launch by their Long March rockets which also is a mainstay of their nuclear and strategic assets.
We will still, after a fairly short moratorium, be allowing visits to the 65 scientists who came from Algeria, Cuba, Libya, Iran, and Iraq into our national weapons labs.
There is unfinished business. I look forward to voting for this amendment and moving ahead to complete the job.
Mr. COX. Mr. Chairman, may I inquire how much time remains on each side?
The CHAIRMAN. The gentleman from California (Mr. Cox) has 1 minute remaining and the right to close.
Mr. COX. Mr. Chairman, I yield myself such time as I may consume.
I would like, as essentially all of the other speakers have done thus far, once again to thank the gentleman from Washington (Mr. Dicks), the ranking member on the select committee, and thank all of the chairmen and ranking members of the committees of jurisdiction who have worked with us on this amendment.
This amendment does not cover many of the important topics of our recommendations. Some of the debate here has focused on export controls on computers. There is nothing about export controls on computers in this amendment.
It is also important to recognize that hard work remains ahead for our standing committees. I think that the ranking member and I will be testifying before several of them to move this legislation along.
Lastly, some mention has been made on the floor about racial and ethnic profiling by the Communist Party of China. The CCP ethnic and racial profiling that is detailed in our report is a significant distinction between the Communist Party and America.
In this country, the liberty and dignity of the individual are paramount. We do not think of people as members of groups or essentially tools of the State. That is why what we are investing in our armed services, in our intelligence community, and our national laboratories is so important. It is for the pursuit of freedom, not just for Americans, but for people around the world. That is ultimately the purpose to which this amendment is directed. I urge my colleagues to support it.
Ms. ROYBAL-ALLARD. Mr. Chairman, as a member of the Select Committee on China, I rise in support of the Dicks/Cox amendment to the Department of Defense Authorization bill.
Chairman Cox and Ranking Member Norm Dicks have crafted a responsible, bi-partisan amendment that addresses many of the problems the Select Committee found during its six month investigation.
This amendment implements most of the President's recommendations for tightening security at our national labs, including establishing an independent Office of Counterintelligence at the Department of Energy with direct line to the Secretary of Energy. It requires polygraphing of all Department of Energy lab employees who have access to sensitive nuclear information, and increases the civil and criminal penalties for mishandling of classified information. The amendment also tightens the security of the computer system at the national labs.
In addition, the amendment places a temporary moratorium on foreign visitors from sensitive countries to our national labs until these strong security and counter-intelligence measures are in place. It also requires, the Department of Energy to submit a comprehensive annual report to Congress on security and counterintelligence at all DOE defense facilities to ensure that these measures are indeed protecting our national security.
In the area of technology exports, the amendment implements many of the Select Committee's recommendations, including requiring a comprehensive report on the adequacy of current export controls in preventing the loss of militarily significant technology to China. It also requires a report on the effect of High Performance Computers sold to China, and requires that the President negotiate with China to ensure that the computers we export to them are used for their stated purpose.
Another area that the committee investigated was the adequacy of U.S. policies regarding security at Chinese satellite launch sides. Unfortunately, what we found was that there are numerous problems with the security personnel hired by U.S. satellite companies. These include, guards sleeping on the job, an insufficient number of security personnel at launch site, and guards reporting to work under the influence of alcohol. The committee also found numerous deficiencies in the Defense Department's monitoring an oversight of satellite launches in China.
Therefore, I am pleased that the Dicks/Cox amendment includes provisions to address these problems, such as mandating new minimum standards for security guards on satellite launch campaigns, requiring the Department of Defense to develop technology transfer control plans and requiring that the Department of Defense contract the guard force for security at the launch sites. Finally, the amendment ensures that the Defense Department monitors assigned to foreign launches have the adequate training and support to properly execute their jobs.
In closing, I'd like to echo the statements of my colleagues on the Select Committee. Many of the findings contained in the Cox Committee report are indeed grave. This responsible amendment is an important first step towards addressing these findings and ensuring that our national security is protected. For that reason, I hope my colleagues in Congress will vote in favor of this important, bipartisan amendment.
{time} 1500
The CHAIRMAN. All time has expired.
The question is on the amendment offered by the gentleman from California (Mr. Cox).
The question was taken; and the Chairman announced that the ayes appeared to have it.
Recorded Vote
Mr. DICKS. Mr. Chairman, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 428, noes 0, not voting 6, as follows:
AYES--428
AbercrombieAckermanAderholtAllenAndrewsArcherArmeyBachusBairdBakerBaldacciBaldwinBallengerBarciaBarrBarrett (NE)Barrett (WI)BartlettBartonBassBatemanBecerraBentsenBereuterBerkleyBermanBerryBiggertBilbrayBilirakisBishopBlagojevichBlileyBlumenauerBluntBoehlertBoehnerBonillaBoniorBonoBorskiBoswellBoucherBoydBrady (PA)Brady (TX)Brown (FL)Brown (OH)BryantBurrBurtonBuyerCallahanCalvertCampCampbellCanadyCannonCappsCapuanoCardinCarsonCastleChabotChamblissChenowethClayClaytonClementClyburnCobleCoburnCollinsCombestConditConyersCookCookseyCostelloCoxCoyneCramerCraneCrowleyCubinCummingsCunninghamDannerDavis (FL)Davis (IL)Davis (VA)DealDeFazioDeGetteDelahuntDeLauroDeLayDeMintDeutschDiaz-BalartDickeyDicksDingellDixonDoggettDooleyDoolittleDoyleDreierDuncanDunnEdwardsEhlersEhrlichEmersonEngelEnglishEshooEtheridgeEvansEverettEwingFarrFattahFilnerFletcherFoleyForbesFordFossellaFowlerFrank (MA)Franks (NJ)FrelinghuysenFrostGalleglyGanskeGejdensonGekasGephardtGibbonsGilchrestGillmorGilmanGonzalezGoodeGoodlatteGoodlingGordonGossGrahamGrangerGreen (TX)Green (WI)GreenwoodGutierrezGutknechtHall (OH)Hall (TX)HansenHastings (FL)Hastings (WA)HayesHayworthHefleyHergerHill (IN)Hill (MT)HillearyHilliardHinojosaHobsonHoeffelHoekstraHoldenHoltHooleyHornHostettlerHoughtonHoyerHulshofHunterHutchinsonHydeInsleeIsaksonIstookJackson (IL)Jackson-Lee (TX)JeffersonJenkinsJohnJohnson (CT)Johnson, E. B.Johnson, SamJones (NC)Jones (OH)KanjorskiKapturKasichKellyKennedyKildeeKilpatrickKind (WI)King (NY)KingstonKleczkaKlinkKnollenbergKolbeKucinichKuykendallLaFalceLaHoodLampsonLantosLargentLarsonLathamLaTouretteLazioLeachLeeLevinLewis (CA)Lewis (GA)Lewis (KY)LinderLipinskiLoBiondoLofgrenLoweyLucas (KY)Maloney (CT)Maloney (NY)ManzulloMarkeyMartinezMascaraMatsuiMcCarthy (MO)McCarthy (NY)McCollumMcCreryMcDermottMcGovernMcInnisMcIntoshMcIntyreMcKeonMcKinneyMcNultyMeehanMeek (FL)Meeks (NY)MenendezMetcalfMicaMillender-McDonaldMiller (FL)Miller, GaryMiller, GeorgeMingeMinkMoakleyMollohanMooreMoran (KS)Moran (VA)MorellaMurthaMyrickNadlerNapolitanoNealNethercuttNeyNorthupNorwoodNussleOberstarObeyOlverOrtizOseOwensOxleyPackardPallonePascrellPastorPaulPaynePeasePelosiPeterson (MN)Peterson (PA)PetriPhelpsPickeringPickettPittsPomboPomeroyPorterPortmanPrice (NC)Pryce (OH)QuinnRadanovichRahallRamstadRangelRegulaReyesReynoldsRileyRiversRodriguezRoemerRoganRogersRohrabacherRos-LehtinenRothmanRoukemaRoybal-AllardRoyceRushRyan (WI)Ryun (KS)SaboSalmonSanchezSandersSandlinSanfordSawyerSaxtonScarboroughSchafferSchakowskyScottSensenbrennerSerranoSessionsShadeggShawShaysShermanSherwoodShimkusShowsShusterSimpsonSisiskySkeenSkeltonSlaughterSmith (MI)Smith (NJ)Smith (TX)Smith (WA)SnyderSouderSpenceSprattStabenowStarkStearnsStenholmStricklandStumpStupakSununuSweeneyTalentTancredoTannerTauscherTauzinTaylor (MS)Taylor (NC)TerryThomasThompson (CA)Thompson (MS)ThornberryThuneThurmanTiahrtTierneyToomeyTownsTraficantTurnerUdall (CO)Udall (NM)UptonVelazquezVentoViscloskyVitterWaldenWalshWampWatkinsWatt (NC)Watts (OK)WaxmanWeinerWeldon (FL)Weldon (PA)WellerWexlerWeygandWhitfieldWickerWilsonWiseWolfWoolseyWuWynnYoung (AK)Young (FL)
NOT VOTING--6
Brown (CA)HincheyLucas (OK)LutherMcHughWaters
{time} 1521
Mr. METCALF changed his vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Mr. SPENCE. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr. LaHood) having assumed the chair, Mr. Nethercutt, Chairman of the Committee of the Whole House on the State of the Union, reported that that Committee, having had under consideration the bill (H.R. 1401) to authorize appropriations for fiscal years 2000 and 2001 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal years 2000 and 2001, and for other purposes, had come to no resolution thereon.
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