H.R.1401 - National Defense Authorization Act for Fiscal Year 2000106th Congress (1999-2000)
Summary: H.R.1401 — 106th Congress (1999-2000)
National Defense Authorization Act for Fiscal Year 2000 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 2000 to the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement.
Passed House amended (06/10/1999)
(Sec. 104) Authorizes appropriations for FY 2000 for: (1) defense-wide procurement; (2) reserve procurements; (3) the Defense Inspector General; (4) the chemical demilitarization program; (5) Department of Defense (DOD) health care programs; and (6) the Defense Export Loan Guarantee Program.
Subtitle B: Army Programs - Authorizes the use of multiyear procurement contracts for specified Army missiles, aircraft, vehicles, and programs. Prohibits the Secretary of the Army from entering into such a contract until the Secretary of Defense (Secretary) provides specified information to the Senate and House defense and appropriations committees regarding the total obligational authority for such program.
(Sec. 112) Amends the National Defense Authorization Act for Fiscal Year 1998 to extend through FY 2001 a pilot program on sales of manufactured articles and services of certain Army industrial facilities without regard to their availability from domestic sources. Extends the deadline for a report from the Defense Inspector General under such pilot program.
(Sec. 113) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to revise conditions for the award of a second-source procurement contract for the Family of Medium Tactical Vehicles.
Subtitle C: Navy Programs - Authorizes the Secretary of the Navy, beginning with the FY 2000 program year, to enter into a multiyear procurement contract for the F-A 18E-F aircraft. Prohibits the Secretary of the Navy from entering into such a contract until the Secretary provides specified information to the defense and appropriations committees regarding the total obligational authority for such program and a related certification.
Subtitle D: Chemical Stockpile Destruction Program - Directs the Secretary to conduct an assessment of the current program for the destruction of the U.S. chemical agents and munitions stockpile in order to reduce significantly the cost of such program, ensure completion of the program under the terms of the Chemical Weapons Convention, and maintain maximum protection of the general public, the personnel involved in the demilitarization program, and the environment. Authorizes the Secretary, following such assessment, to take necessary actions to achieve such purposes. Requires a report to Congress. Prohibits facilities constructed to carry out such demilitarization from being used for any other purpose, with an exception.
(Sec. 142) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to require the Under Secretary of Defense for Acquisition and Technology and the Secretary of the Army to jointly submit to Congress a plan for the transfer of oversight of the Assembled Chemical Weapons Assessment program from the Under Secretary to such Secretary.
Subtitle E: Other Matters - Prohibits the Secretary from obligating any funds after the end of FY 2000 to buy or lease a commercial satellite communications system or service unless the Secretary determines that such system or service has been proven through independent testing to be safe and not interfere with or disrupt the use of commercial or military Global Positioning System receivers used by DOD.
(Sec. 152) Authorizes the Secretary of the Air Force to carry out a program to procure firefighting equipment for the Air National Guard and Air Force Reserve.
(Sec. 153) Provides for the installation of cooperative engagement equipment into Navy vessels, shore facilities, and aircraft in order to ensure the fielding of a battle group with fully functional cooperative engagement capability by FY 2003. Provides funding.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 2000 for research, development, test, and evaluation (RDT&E).
(Sec. 202) Earmarks specified RDT&E funds for basic and applied research projects.
Subtitle B: Program Requirements, Restrictions, and Limitations - Directs the Secretary to establish and carry out a program to provide for the evaluation and competitive demonstration of concepts for advanced capability combat vehicles for the Army. Requires a report from the Secretary of the Army and the Director of the Defense Advanced Research Projects Agency to the defense and appropriations committees on program implementation. Earmarks specified RDT&E funds for such program.
(Sec. 212) Requires the defense manufacturing technology program to address broad defense-related manufacturing inefficiencies and requirements.
(Sec. 213) Expresses the sense of Congress that the Secretary has failed to comply with the funding objective for the Defense Science and Technology Program, thus jeopardizing the stability of the defense technology base and technological superiority in future weapons systems. Calls for an increase in such Program budgeting for each of fiscal years 2001 through 2009.
Subtitle C: Ballistic Missile Defense - Requires additional program elements for ballistic missile defense programs.
Subtitle D: Other Matters - Directs the Secretary to designate the Secretary of the Army as the DOD executive agent for oversight of RDT&E of certain high energy laser technologies. Requires such function to be carried out through the Army Space and Missile Command at the High Energy Laser Systems Test Facility at White Sands Missile Range, New Mexico.
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 2000 for operation and maintenance (O&M) for the armed forces and specified activities and agencies of DOD.
(Sec. 302) Authorizes appropriations for FY 2000 for: (1) working capital and revolving funds; and (2) the Armed Forces Retirement Home.
(Sec. 304) Authorizes the transfer of up to $150 million from the National Defense Stockpile Transaction Fund to specified military O&M accounts for FY 2000.
(Sec. 305) Directs the Secretaries of the military departments to transfer specified O&M funds within their department to defense working capital funds to fund operations of the Defense Commissary Agency.
Subtitle B: Program Requirements, Restrictions, and Limitations - Makes specified defense-wide O&M funds available for reimbursing the Navy Exchange Service Command for costs incurred to relocate to Virginia Beach, Virginia, and to lease headquarters space there.
(Sec. 312) Earmarks Army O&M funds for the replacement of nonsecure tactical radios of the 82nd Airborne Division.
(Sec. 313) Authorizes appropriations for the O&M of Air Force space launch facilities. Makes a corresponding reduction in other Air Force O&M funds. Directs the Secretary to conduct a study of space launch ranges and requirements and report results to the defense and appropriations committees.
Subtitle C: Environmental Provisions - Directs the Secretary to use certain Army Corps of Engineers contracts for the remediation of asbestos and lead-based paint at U.S. military installations within the United States. Authorizes the Secretary to waive such requirement on a case-by-case basis.
Subtitle D: Performance of Functions by Private-Sector Sources - Directs the Secretary to include in an annual report concerning contracting for commercial and industrial type functions a summary of the number of work year equivalents performed by private contractor employees in providing services to DOD and the total value of the contracted services.
(Sec. 332) Directs the Secretary, within ten days after a decision to waive a certain cost comparison study in connection with the conversion to contractor performance of any DOD commercial activity, to report to Congress describing the commercial activity subject to the waiver and the rationale for such waiver.
(Sec. 334) Adds additional reporting requirements with respect to fiscal year expenditures for the performance of depot-level maintenance and repair workloads by the public and private sector.
(Sec. 336) Prohibits the Secretary and the Secretary of the military department concerned from imposing on a public entity awarded a contract for the performance of any depot-level maintenance and repair workload any requirements regarding management systems, reviews, oversight, or reporting different from that normally required to perform and manage such workloads by such entity, unless specifically provided in the solicitation for that contract.
(Sec. 337) Directs the Secretary of the Army, before selecting an entity to develop and implement a new computer system for the Army Material Command to perform functions currently performed by Army computer centers in St. Louis, Missouri, and Chambersburg, Pennsylvania, to provide such centers with an opportunity to establish their most efficient organization, which must be in place no later than May 31, 2001.
(Sec. 338) Directs the Secretary of the Air Force to submit to Congress an evaluation of Air Force programs that are managed under the Total System Performance Responsibility Program. Requires the Comptroller General (CG) to review and evaluate such report.
(Sec. 339) Directs the Secretary of the Air Force to report to Congress identifying the core logistics capability requirements for depot-level maintenance and repair for the C-17 aircraft. Requires CG review.
Subtitle E: Defense Dependents Education - Earmarks specified defense-wide O&M funds for providing assistance to local educational agencies that benefit military or Federal employee dependents under the defense domestic dependents elementary and secondary schools program. Authorizes the continued enrollment of such dependents at participating schools for the remainder of a school year, notwithstanding a change in the status of such member or employee that would otherwise terminate the eligibility of the dependent under the program.
Subtitle F: Military Readiness Issues - Directs the Secretary to provide for an independent study of DOD secondary inventory and inventory shortages affecting readiness. Requires the study entity to prepare a timetable for the disposal of excess inventory over a period not to exceed three years. Outlines report requirements.
(Sec. 352) Directs the Secretary to provide for an independent study of restructured sustainment and engineered logistics product support practices within DOD to determine whether such 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. Outlines report requirements.
(Sec. 353) Directs the Secretary to provide for an independent study by the Rand Corporation of requirements for a comprehensive readiness reporting system for DOD as provided under the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999. Outlines report requirements.
(Sec. 354) Directs the Secretary to review the impact that the consistent lack of adequate funding for real property maintenance of military installations during the five-year period ending on December 31, 1998, has had on readiness, the quality of life of military personnel and their dependents, and the infrastructure on military installations. Requires a report.
(Sec. 355) Directs the Secretary to establish logistics standards for sustained military operations. Requires such standards to be considered in establishing annual DOD funding requirements. Requires a report.
Subtitle G: Other Matters - Authorizes the Secretary concerned to install telephone lines and other necessary telecommunications equipment in the private residences of designated persons providing voluntary services, and to pay charges for the use of such equipment.
(Sec. 362) Authorizes the Secretary concerned to use working capital-funded industrial facilities of that department to sell engineering services provided by such facilities to persons outside of DOD, under a DOD contract or subcontract.
(Sec. 364) Authorizes DOD disbursing officials to provide operating funds to automated teller machines on naval vessels and to accept transfers of funds made through such machines.
(Sec. 365) Authorizes the Chairman of the Retirement Home Board and the Director of the U.S. Soldiers' and Airmen's Home to apply for and accept a direct grant from the Secretary of the Interior under the National Historic Preservation Act for maintaining, repairing, and preserving the historic buildings and grounds of such Home that are included on the National Register of Historic Places.
(Sec. 366) Authorizes the above Board to lease (currently, only to sell) certain real property in the District of Columbia near the Home. Provides additional terms and conditions for such sale or lease.
(Sec. 367) Prohibits Alaska, Hawaii, and Guam from being included as a point of origin in any test or demonstration program of DOD regarding the moving of household goods of military personnel.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Sets forth the authorized end strengths for active-duty forces as of the end of FY 2000. Revises such minimum end strength levels.
(Sec. 403) Makes permanent: (1) the exemption from general and flag officer grade limitations appointments to certain senior joint officer positions; and (2) the requirement for the Secretaries concerned to each make one recommendation for a joint four-star officer position. Revises generally certain limitations on the authorized number of active duty generals and admirals for each armed force.
Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 2000 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth the authorized end strengths as of the end of FY 2000 for military technicians (dual status).
(Sec. 414) Increases the number of certain officers and enlisted personnel authorized to serve on active duty in support of the reserves.
(Sec. 415) Authorizes the end strengths of any reserve component of the Selected Reserve to be varied by up to two percent.
Subtitle C: Authorization of Appropriations - Authorizes appropriations for FY 2000 for military personnel.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy - Authorizes a promotion selection board to recommend for promotion an officer from below the promotion zone for that position when the number of officers recommended is less than one.
Subtitle B: Matters Relating to Reserve Components - Authorizes the Secretary concerned to: (1) delay the separation or retirement of a reserve officer until the completion of court-martial disciplinary proceedings; and (2) order a reserve member to active duty, with their consent, to receive authorized medical care, to be medically evaluated for disability or other purposes, or to complete a required DOD health care study.
(Sec. 513) Makes ineligible for promotion a reserve officer serving in an educational delay status in order to attend an approved educational institution to receive advanced training, when such training is subsidized by the military department concerned. Makes such provision retroactive with respect to promotion boards convened before the enactment of this Act.
(Sec. 514) Requires a major or lieutenant commander who has twice failed to be selected for promotion to be removed from the reserve active status list on the later of the first day of the month after such member completes 20 years of service (current law) or seven months after the President approves the report of the board which considered such officer for the second time.
(Sec. 515) Excludes from the computation of creditable years of service for a reserve officer service performed as a reserve commissioned officer while in a program of advanced education to receive the first professional degree required for appointment, designation, or assignment within various military medical specialties, or as a chaplain or judge advocate, provided such service occurs before the officer commences initial active or reserve service in the specialty resulting from such degree.
(Sec. 516) Authorizes the Secretary concerned to retain reserve component chaplains until age 67 (currently 60).
(Sec. 517) Authorizes reserve personnel to travel in a space required status on military aircraft between the member's home and place of inactive-duty training, or place of duty in lieu of unit training assembly, when there is no available road or rail transportation.
(Sec. 518) Authorizes the Secretary of the Navy to provide up to $5,200 yearly in financial assistance to certain members of the Marine Corps Reserve for completion of: (1) baccalaureate degree requirements in an educational program that takes less than five years to complete; or (2) doctor of jurisprudence or bachelor of laws degree requirements in programs that take no more than three years to complete. Outlines eligibility requirements, including selection as an officer candidate in the Marine Corps Platoon Leader's Class Program and completion of at least six weeks of military training. Requires graduates to serve at least five years of active duty upon graduation. Prohibits more than 1,2000 individuals from participating in such program at any one time. Provides for the computation of creditable service for officers serving in such positions.
(Sec. 519) Directs the Secretary of the Army to conduct a review of the manner, process, and organization used by the Army to recruit new members for the Army Reserve. Requires a report.
Subtitle C: Military Technicians - Authorizes the Secretary concerned to continue to pay compensation to a military technician (dual status) for up to 12 months (currently six months) after such individual loses membership in the Selected Reserve if such membership loss was not due to the failure to meet military standards.
(Sec. 522) Requires military technicians (dual status) of the Army or Air Force Reserve who lose such dual status to either: (1) be separated from duty, if eligible for an unreduced annuity at the time; or (2) apply for either a return to dual status or employment in a civil service position that is not a technician position. Provides restrictions for a technician that continues employment as a non-dual status technician. Requires non-dual status technicians so employed who are eligible for an unreduced annuity to be separated from service within six months after enactment of this section. Requires technicians who are not eligible for an unreduced annuity to apply for either a dual status position or a civil service position that is not a technician position. Prohibits the Secretaries of the Army and Air Force, until October 1, 2004, from approving during any fiscal year more than 25 mandatory retirements under this section. Entitles to a retirement annuity an employee who was hired: (1) as a military reserve technician on or before February 10, 1996, and who is separated from such service after becoming 50 years of age and completing 25 years of service by reason of being separated from the Selected Reserve or ceasing to hold the military grade specified by the Secretary concerned for such position; or (2) as a military technician (dual status) after such date and who is separated from service or ceases to hold the necessary military grade after completing 25 years of service as a dual status technician or reaching 50 years of age and completing 20 years of such service. Entitles such personnel to appropriate disability retirement.
(Sec. 523) Revises provisions concerning non-dual status technicians to: (1) define such a technician, among other things, as an individual who, when hired, was not required to maintain membership in the Selected Reserve; (2) prohibit, as of October 1, 2007, the total number of such technicians employed by the Army and Air Force Reserve from exceeding 175; and (3) prohibit, as of October 1, 2001, the total number of such technicians employed by the National Guard from exceeding 1,950.
(Sec. 524) Revises provisions relating to National Guard technicians to: (1) require persons so employed to be dual status technicians and to hold the military grade specified for that position; (2) allow a person to be employed as a non-dual status technician if the position occupied has been designated to be filled only by a non-dual status technician; (3) implement the ceiling on such positions as established in the previous section; (4) provide for the prompt separation of persons who lose their dual status or cease to hold the necessary military grade; and (5) prohibit the Secretary concerned from prescribing a qualification applicable to such technicians (for Federal recognition purposes) that is not applicable to other members of the National Guard in the same grade, branch, position, and type of unit or organization involved.
(Sec. 526) Directs the Secretary to review the Army process for developing estimates of the annual authorizations and appropriations required for civilian personnel of the Army generally and for National Guard and Army Reserve technicians in particular. Requires appropriate revision to such process, and a report to the defense committees.
(Sec. 527) Sets forth the end strength as of the end of FY 2000 for civilian employees who are non-dual status technicians of the Army or Air Force Reserve or National Guard.
Subtitle D: Service Academies - Increases from: (1) 35 to 50 percent the amount of reimbursement authorized to be waived by the Secretary concerned for educational costs of foreign students at U.S. service academies; and (2) five to 20 the number of such students for whom all such costs may be waived.
(Sec. 532) Requires the Secretary of the Army to take necessary action to ensure that the U.S. Military Academy is in compliance with the cadet end strength limit not later than the day before the last day of the 2000-2001 academic year. Requires each department Secretary to enforce its maximum of 4,000 cadets or midshipmen as of the last day of any academic year.
(Sec. 533) Provides the authorized military grade for persons serving as Dean of the Academic Board at the U.S. Military Academy and Dean of Faculty, U.S. Air Force Academy.
(Sec. 534) Excludes from general and flag officer grade limitations persons serving as a superintendent of a service academy.
Subtitle E: Education and Training - Directs the Secretary to establish a program to facilitate the enrollment and instruction at senior military colleges of persons from foreign countries (the DOD international student program). Directs the Secretary to recommend students to such colleges. Requires the student to pay instruction costs. Provides FY 2000 funding for other program costs.
(Sec. 542) Authorizes the Commandant of the U.S. Army War College to confer the degree of master of strategic studies.
(Sec. 543) Authorizes the Commander of the Air University to confer the degree of master of strategic studies and master of military operational art and science.
(Sec. 544) Revises generally provisions concerning the award of reserve service credit for participation in the Armed Forces Health Professions Scholarship and Financial Assistance Program.
(Sec. 545) Makes permanent (currently terminates September 30, 1999) the authority of the Secretary concerned to allow graduate students to receive financial assistance under the Reserve Officers' Training Corps (ROTC) program.
(Sec. 546) Increases the monthly subsistence allowance for senior ROTC cadets selected for advanced training.
(Sec. 547) Makes yearly amounts available for the National Guard Challenge Program in excess of $62.5 million available for the Junior Reserve Officers' Training Corps.
(Sec. 548) Changes from annually to biennially a required report from the Secretary to Congress concerning operation of the educational assistance program under the Montgomery GI Bill.
(Sec. 549) Prohibits the availability of DOD and certain other funding to a covered educational entity if the Secretary determines that such entity has a policy or practice that either prohibits or prevents access to such campus for military recruitment purposes. Provides exceptions.
Subtitle F: Decorations and Awards - Waives time limitations with respect to the award of the Distinguished Flying Cross to certain individuals recognized by the Secretary of the Navy for service during World War II or Korea.
(Sec. 552) Expresses the sense of Congress that the President should award a Presidential Unit Citation to the crew of the U.S.S. INDIANAPOLIS in recognition of courage and skill throughout World War II.
(Sec. 553) Authorizes the President to award the Medal of Honor to Alfred Rascon for valor during the Vietnam conflict.
Subtitle G: Other Matters - Increases to up to 36 of the following 48 (currently 12 of the following 24) months the authorized period that the Secretary concerned may order to active duty certain retired members of the regular and reserve armed forces. Increases to 150 (currently 25) the number of officers of any one service authorized to be so ordered. Excludes from general and flag officer limitations officers assigned to a military retiree council.
(Sec. 562) Authorizes the Secretary concerned, during FY 1999 through 2002, to recall to active duty any retired officer having expertise as an aviator to fill staff positions normally filled by active-duty aviators. Requires release from such active duty period after one year. Requires a report from the Secretary to the defense committees on the use of such authority.
(Sec. 563) Requires the Navy Council of Personnel Boards to be professionally staffed by the Secretary of the Navy.
(Sec. 564) Prohibits civil employment for regular and reserve officers serving on active duty under a call or order for a period in excess of 270 (currently 180) days.
(Sec. 565) Revises provisions concerning the provision of honor guard details at funerals of veterans to: (1) require such detail to consist of at least two (currently three) members; (2) require one detail member to be of the same armed force as the deceased veteran; (3) require the Secretary concerned to provide material, equipment, and training to support nongovernmental organizations in supporting such details; (4) revise generally procedures for coordinating and responding to requests for such details; (5) authorize the Secretary to waive any requirements for honor guard details because of a contingency operation or when necessary to meet military requirements (requiring waiver notification to the defense committees); (6) include decedents who were members of the Selected Reserve among those eligible for such details; and (7) authorize the acceptance of voluntary services of veterans support organizations with respect to such a detail.
Authorizes a member of the Army or Air National Guard or Ready Reserve to be ordered to such duty, with such member's consent. Requires a minimum of two hours of such duty in order to receive service credit and any authorized compensation. Treats such duty as inactive-duty training for purposes of creditable service and benefits entitlement. Authorizes reimbursement for travel and transportation expenses incurred in conjunction with such duty when performed 50 miles or more from the member's residence. Prohibits performance of such duty by a reserve member from being considered a period of drill or training. Provides for the crediting of such service for retirement purposes. Authorizes a member of the Ready Reserve to be paid an allowance of $50 for such duty, at the discretion of the Secretary concerned.
(Sec. 566) Requires the National Guard Challenge Program to include at least a 22-week residential program and a 12-month post-residential monitoring period. Increases to $62.5 million the annual funding limit for such program.
(Sec. 567) Requests each local educational agency to provide to DOD the same access to secondary school students and related enrollment information as is generally provided to post-secondary educational institutions or prospective employers.
(Sec. 568) Directs the Secretary to develop and implement a survey on attitudes toward military service by members who are discharged from such service or transfer to a reserve component during the period between January 1 and June 30, 2000. Requires a report.
(Sec. 569) Directs the Secretary of each military department to review their military personnel system to identify those policies that prevent warfighting units from being fully manned, and to appropriately revise such policies. Requires a report.
(Sec. 570) Directs the Secretary to prescribe regulations to provide the maximum possible protection for the confidentiality of communications between a military dependent who is a victim or perpetrator of sexual harassment, sexual assault, or intrafamily abuse and their therapist, counselor, or other person providing professional services. Requires a study by the CG and a report to the Secretary and Congress on study results.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives any FY 2000 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases by 4.8 percent, effective January 1, 2000, the rates of basic pay for military personnel. Revises, effective July 1, 2000, the rates of such pay for commissioned and warrant officers within specified grades. Requires increases in such pay for fiscal years after 2000 by a specified percentage based on the Economic Cost Index.
(Sec. 603) Earmarks specified military personnel funds authorized under this Act for a FY 2000 increase in the basic allowance for military housing inside the United States.
Subtitle B: Bonuses and Special and Incentive Pays - Extends through 2000 specified authorities currently scheduled to expire at the end of 1999 with respect to certain special pay and bonus programs within the regular and reserve armed forces.
(Sec. 614) Requires air battle managers entitled to aviation career incentive pay to receive the higher of such pay or the amount they were receiving prior to such entitlement.
(Sec. 615) Revises provisions authorizing special pay to certain aviation career officers agreeing to extend their period of active duty to: (1) include officers below pay grade O-7 (currently O-6); (2) remove the requirement that such officers be in a critical aviation specialty and have completed at least six but less than 13 years of active duty; (3) repeal the lower alternative amount of such bonus for officers agreeing to serve for three additional years or less; (4) allow the term of the agreement to be extended so long as it does not extend beyond the period on which the officer would complete 25 years of aviation service (currently, 14 years of commissioned service); and (5) repeal certain content requirements for an annual report from the Secretaries concerned on such special pay authority.
(Sec. 616) Increases: (1) the rate of diving duty special pay; (2) the reenlistment bonus for active-duty personnel; and (3) the critical skills enlistment bonus (authorizing the lump-sum payment of such bonus).
(Sec. 619) Authorizes payment of a prior service enlistment bonus to certain members of the Selected Reserve attaining positions designated as critically short.
(Sec. 620) Increases: (1) certain special pay and authorized bonuses for nuclear-qualified officers; and (2) the foreign language proficiency special pay.
(Sec. 622) Authorizes special pay for certain special warfare officers who agree to remain on active duty in such service for at least one additional year. Limits such payment to $15,000 for each year under the agreement. Prohibits such agreement from extending beyond the date on which the officer would complete 14 years of active commissioned service. Requires the pro rata repayment of such bonus for periods not served.
(Sec. 623) Authorizes the payment of special pay of up to $50,000 for surface warfare officers who agree to remain on active duty to complete one or more tours of duty to which such officer may be ordered to serve as a department head on a surface ship. Requires the pro rata repayment of such bonus for periods not served.
(Sec. 624) Authorizes the payment of career enlisted flyer incentive pay to enlisted personnel who: (1) are entitled to basic pay or inactive duty training pay; (2) hold or are training for a career enlisted occupational or flyer specialty; and (3) are qualified for aviation service. Outlines operational flying duty requirements. Provides for the monthly amounts of such pay which increases with the years of creditable aviation service performed. Prohibits such pay for members already receiving either hazardous duty incentive pay or diving duty special pay.
(Sec. 625) Authorizes the payment of judge advocate continuation pay for judge advocates who have completed their prior service commitments and agree to remain on active duty in such service for an additional period. Limits such pay to $60,000. Requires the pro rata repayment of such pay for periods not served. Directs the Secretary to study and report to Congress on the need for additional incentives to improve the recruitment and retention of judge advocates.
Subtitle C: Travel and Transportation Allowances - Authorizes the Secretary concerned, if transient Government housing is not available, to provide lodging-in-kind for reserve personnel performing training duty and not otherwise entitled to travel and transportation allowances.
(Sec. 632) Authorizes the payment of temporary lodging expenses for members making their first permanent change of duty station.
(Sec. 633) Authorizes the use of any airport in the United States at which travel can be arranged at the same or lower cost in connection with emergency leave travel for military personnel. (Currently, only travel from the closest airport is authorized.)
Subtitle D: Retired Pay Reform - Limits the application of a reduction in retired pay currently required for individuals who first became members of the armed forces after July 31, 1986, and retired with less than 30 years of creditable service to only those who have elected to receive a bonus under this section. Makes eligible for such bonus those members who became members after such date, have 15 years or more of active duty, and execute written agreements to complete at least five more years of continuous active duty service. Makes such bonus a lump-sum amount of $30,000. Requires the Secretary concerned to notify eligible individuals of such bonus. Requires the pro rata repayment of such bonus for periods not served.
Subtitle E: Other Retired Pay and Survivor Benefit Matters - Authorizes the Secretary concerned, solely for allowing disability retirement eligibility for members dying in civilian medical facilities, to specify a date and time of death that is later than the time and death determined by the attending physician in such facility. Provides limitations. Makes such authority retroactive to persons dying on or after January 1, 1998.
(Sec. 652) Extends eligibility for an annuity for the surviving spouses of certain deceased former reserve personnel to those surviving spouses of individuals who died before March 21, 1974, while entitled to retired pay (current law) or was a member of a reserve component before October 1, 1978 (currently, during the period between September 21, 1972, and October 1, 1978) and would have been entitled to retired pay but for the fact of being under 60 years of age.
(Sec. 653) Extends authority for the presentation of the U.S. flag upon retirement to: (1) reserve personnel transferred from an active status or discharged after completion of eligibility for reserve retired pay; and (2) commissioned officers of the Public Health Service (PHS) and National Oceanic and Atmospheric Administration (NOAA).
(Sec. 654) Includes NOAA officers in the DOD Military Retirement Fund. Requires Department of Commerce contributions to the Fund for such officers. Includes the Secretary of Commerce or the Department of Commerce within certain reporting requirements relating to such Fund.
(Sec. 655) Provides disability retirement or separation for members with at least eight years of active service for pre-existing conditions incurred before the member became entitled to basic pay in such member's current period of active duty. Provides a special rule for Selected Reserve members with physical disabilities not incurred in the line of duty.
Subtitle F: Eligibility to Participate in the Thrift Savings Plan - Authorizes a member performing active service of more than 30 days to elect to contribute a portion of basic pay (not to exceed five percent) or a portion of any special or incentive pay to the Thrift Savings Fund. Prohibits matching contributions. Adds a representative of such members to the Employee Thrift Advisory Council. Makes such authority effective one year after the enactment of this Act or July 1, 2000, whichever is later, and makes such authority contingent upon offsetting legislation proposed by the President for FY 2001.
Subtitle G: Other Matters - Authorizes the lump-sum payment of accrued unused annual leave upon a member's reenlistment into the armed forces.
(Sec. 672) Authorizes the Secretary concerned, under certain circumstances, to pay a per diem allowance to certain military technicians (dual status) serving on active duty without pay outside the United States.
(Sec. 673) Requires (currently authorizes) the Secretary to carry out a supplemental food benefits program for members on duty at stations outside the United States, and eligible civilians accompanying such personnel. Repeals a provision requiring the Secretary of Agriculture to make available to the Secretary for such program payments and commodities made for a supplemental food program under the Child Nutrition Act of 1976. Revises generally program administration. Directs the Secretary of Agriculture, if requested by the Secretary, to provide technical assistance in carrying out the program.
(Sec. 674) Directs the Secretary concerned to pay to each eligible disabled military retiree a monthly amount, such amount being $300 for a disability rated as total, $200 for a disability rated at 90 percent, and $100 for one rated at 80 or 70 percent. Makes eligible for such payments retirees who have completed at least 20 years of retirement-creditable service and have a service-connected disability.
(Sec. 675) Makes inapplicable to members deployed in a contingency operation or similar operational mission a required limitation in the amount of tuition costs that will be paid for education or training during off-duty periods.
Title VII: Health Care Matters - Subtitle A: Health Care Services - Directs the Secretary to enter into agreements with designated health care providers to 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 provider.
(Sec. 702) Amends the National Defense Authorization Act for Fiscal Year 1995 with respect to the chiropractic health care demonstration program to: (1) remove its demonstration program designation; (2) direct the Secretary, during FY 2000, to furnish the same chiropractic care in the designated military medical treatment facilities as furnished during the demonstration program; (3) revise certain reporting and related requirements; and (4) require a report from the Secretary to the defense committees if the Secretary determines that chiropractic health care services should be offered in military medical facilities or as part of the TRICARE program (a DOD managed health care program).
(Sec. 703) Authorizes the Secretary, on a case-by-case basis, to continue payment under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) for domiciliary or custodial care services to covered beneficiaries who, prior to the effective date of final regulations implementing the individual case management program, were provided such care.
(Sec. 704) Removes the prohibition on the use of DOD funds to perform abortions in the case in which pregnancy is the result of forcible rape or incest which has been reported to a law enforcement agency.
Subtitle B: TRICARE Program - Directs the Secretary, within six months after enactment of this Act, to implement a system for processing claims under the TRICARE program under which: (1) 95 percent of all mistake-free claims are processed within 30 days; and (2) 100 percent of such claims are processed within 100 days. Authorizes the Secretary to require that interest be paid on all claims not processed within 30 days. Prohibits the Secretary from requiring a contractor to begin providing managed care support under the TRICARE program until at least nine months after the award of the contract. Requires a report from the Secretary to Congress on claims backlogs and managed care support contracts.
(Sec. 712) Authorizes the Secretary to waive certain required deductibles under the TRICARE program for an eligible dependent of a reserve member on active duty, or National Guard member on full-time duty, under a call or order for a period of less than one year.
(Sec. 713) Authorizes the electronic processing of claims under the TRICARE Program.
(Sec. 714) Directs the Secretary to submit to Congress: (1) a study of how rates under CHAMPUS and Medicare compare to usual and customary commercial insurance rates; and (2) a proposal for an increase in CHAMPUS and Medicare rates.
(Sec. 715) Directs the Secretary to require that all new TRICARE Prime contracts include a requirement that the TRICARE Prime Remote network provide health care to members and their dependents in geographically separate units outside the catchment area of a military medical treatment facility. Requires an implementation report.
(Sec. 716) Provides that, in the case of a covered TRICARE eligible beneficiary who is not enrolled in TRICARE Prime, the Secretary may not require under any new health care contract that such beneficiary obtain a nonavailability statement or preauthorization in order to receive such services from a civilian provider or facilities outside the 200-mile radius of a military medical treatment facility. Provides exceptions.
(Sec. 717) Provides reimbursement of certain costs incurred by covered TRICARE Prime beneficiaries when referred for care to a provider or facility more than 100 miles outside the local catchment area of a military treatment facility.
(Sec. 718) Directs the Secretary to eliminate requirements in certain cases under TRICARE Prime that network primary care managers preauthorize covered beneficiaries to receive certain preventive health care services within the managed care support contract network without preauthorization from a primary care manager.
Subtitle C: Other Matters - Directs the Secretary, after specified consultation, to establish in DOD a pharmacy benefits program which shall include a uniform formulary of pharmaceutical agents, and to begin implementing such formulary no later than October 1, 2000. Requires such program to assure the availability of clinically appropriate pharmaceutical agents to military personnel, including, if appropriate, agents not included on the formulary. Directs the Secretary to establish a: (1) pharmaceutical and therapeutics committee to develop the formulary, review it, and make recommendations concerning appropriate formulary changes; and (2) Uniform Formulary Beneficiary Advisory Panel to review and comment on formulary development. Directs the Secretary, by April 1, 2000, to implement the Pharmacy Data Transaction Service. Provides deadlines and report requirements. Requires the Secretary to study and report to Congress on a design for a comprehensive pharmacy benefit for covered CHAMPUS beneficiaries who are enrolled and entitled to benefits under Medicare (Title XVIII of the Social Security Act).
(Sec. 722) Directs the Secretary to prescribe regulations for the administration of the collection from third party insurers of the costs of care provided in military health care facilities to covered beneficiaries of such insurers.
(Sec. 723) Authorizes the Armed Forces Medical Examiner to conduct forensic pathology examinations, including an autopsy, to determine the cause or manner of death of persons under certain circumstances, including those who die while imprisoned in a military installation or from an injury or illness incurred during active duty or military training. Subjects such authority to the primary jurisdiction of any State or local government, or foreign country in which there is an international agreement with the United States.
(Sec. 724) Earmarks specified O&M funds for start-up costs for a Trauma Training Center to enhance the Army's capability to train forward surgical teams.
(Sec. 725) Directs the Secretary to submit to Congress a study identifying areas within the Defense Health Program for which joint operations might be increased.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Authorizes the Secretary to waive certain defense contracting procedures for the acquisition of coal or coke (currently, only for petroleum and natural gas).
(Sec. 802) Amends the Clinger-Cohen Act of 1996 to extend through 2001 DOD's authority to issue solicitations for purchases of commercial items in excess of the simplified acquisition threshold.
(Sec. 803) Includes the M2 and M60 machine guns within the authority of the Secretary to make procurements from the small arms production industrial base.
(Sec. 804) Makes permanent (currently terminates at the end of FY 1999) the authority for small business concerns to credit toward certain small business subcontracting goals purchases made from qualified nonprofit agencies for the blind or other severely handicapped.
(Sec. 805) Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to extend through FY 2003 a test program for the negotiation of comprehensive small business subcontracting plans.
(Sec. 806) Authorizes the Secretary to proceed with production of a national missile defense system without regard to whether initial operational testing and evaluation of such system has been completed. Requires such testing and evaluation to be completed as soon as practicable, and before system deployment. Directs the Secretary to notify the defense committees when such authority is exercised.
(Sec. 807) Requires certain reports from the Secretary to the defense and appropriations committees with respect to the procurement of a sufficient amount of precision munitions to carry out two major theater wars.
(Sec. 808) Directs the Secretary to implement a program to provide increased opportunities for small businesses to provide innovative technology for DOD acquisition programs. Requires a report.
(Sec. 809) Prohibits funds authorized under this Act from being expended without compliance with the Buy American Act. Expresses the sense of Congress that any DOD entity, in expending funds authorized by this Act, should purchase only American-made equipment and products. Authorizes the Secretary to debar from participation in DOD contracts any person convicted of intentionally affixing a "Made in America" label to any product not so made.
Title IX: Department of Defense Organization and Management - Prohibits the total amount obligated during FY 2000 for contracted and advisory assistance services from exceeding the amount specified in the President's budget for such services in such fiscal year, reduced by $100 million.
(Sec. 902) Redesignates the position of Under Secretary of Defense for Acquisition and Technology as the Under Secretary of Defense for Acquisition, Technology, and Logistics. Establishes the position of Under Secretary of Defense for Logistics and Materiel Readiness for advice and recommendations concerning DOD logistics and materiel readiness.
(Sec. 903) Directs the Secretary to issue a revision to the current directive for DOD management headquarters and headquarters support activities that incorporate: (1) a threshold specified by command; (2) a definition of such activities that is based upon function and includes any activity that reports directly to such an activity; and (3) uniform application of such revisions throughout DOD.
(Sec. 904) Directs the Secretary to reduce during FY 2000 defense acquisition and support personnel so that the total number of such personnel by October 1, 2000, is at least 25,000 less than such number as of October 1, 1999.
(Sec. 905) Directs the Secretary to establish a Center for the Study of Chinese Military Affairs as part of the National Defense University. Requires the Center to study the national goals and strategic posture of the People's Republic of China and the ability of such nation to develop, field, and deploy an effective military instrument in support of its strategic objectives. Requires the Center's core faculty to be scholars capable of providing diverse perspectives on Chinese political, strategic, and military thought. Directs the Secretary to report to Congress a timetable and organizational plan for establishing the Center.
(Sec. 906) Makes the Under Secretary of Defense for Personnel and Readiness responsible for monitoring the operations and personnel tempo (deployments and deployment tracking) of the armed forces.
(Sec. 907) Directs the Secretary to report to the defense committees on U.S. military space policy.
(Sec. 908) Authorizes the Secretary to employ and compensate civilian faculty members of the African Center for Strategic Studies.
(Sec. 909) Provides additional matters to be included in an annual report on joint warfighting experimentation.
(Sec. 910) Directs the Secretary to establish the Technology Security Directorate of the Defense Threat Reduction Agency as a separate defense agency named the Defense Technology Security Agency to advise on policy issues related to the transfer of specified strategically sensitive technology.
Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary, in the national interest, to transfer up to $2 billion of authorizations made available in this Division for FY 2000 between any such authorizations for that fiscal year, with limitations. Requires congressional notification of any such transfers.
(Sec. 1002) Incorporates into this Act the Classified Annex prepared to accompany this Act and transmitted to the President.
(Sec. 1003) Authorizes appropriations in the amount that was appropriated to DOD for military personnel accounts specified in the 1999 Emergency Supplemental Appropriations Act.
(Sec. 1004) Amends the Department of Defense Authorization Act, 1986 to repeal the requirement for a two-year DOD budget cycle.
(Sec. 1005) Revises provisions concerning the acceptance of gifts and bequests for the benefit of the U.S. Naval Academy to authorize the Secretary of the Navy to accept such gifts for the Naval Academy Museum. Repeals the Naval Academy Museum Fund and the Naval Historical Center Fund, requiring amounts from such Funds to be deposited into the United States Naval Academy Gift and Museum Fund.
(Sec. 1006) Requires the President to transmit to Congress a supplemental appropriations request for DOD if he determines it to be in the national security interest to conduct combat or peacekeeping operations in the Federal Republic of Yugoslavia during FY 2000.
Subtitle B: Naval Vessels and Shipyards - Requires congressional notification followed by a 30-day waiting period prior to the transfer of a vessel which has been stricken from the Naval Vessel Register.
(Sec. 1012) Authorizes the President to consent to the transfer of the ex-USS BOWMAN COUNTY to the USS LST Ship Memorial, Inc., for museum-related purposes.
(Sec. 1013) Directs the Secretary to report to the defense committees on naval vessel force structure requirements.
(Sec. 1014) Authorizes the Secretary of the Navy to enter into contracts with private U.S. shipyards for the construction of new surface vessels for long-term lease to the United States for use by: (1) the Navy combat logistics or strategic sealift force; or (2) other auxiliary support vessels for DOD. Requires such contracts to be authorized by law. Outlines contract requirements.
(Sec. 1015) Authorizes the Secretary, after a determination of economic soundness for a proposed offer, to provide advance payments to a contractor for specified costs associated with inclusion or incorporation of defense features in a commercial vessel. Requires the contractor to provide a security interest for such payments.
Subtitle C: Matters Relating to Counter Drug Activities - Earmarks specified O&M funds authorized under this Act for conducting the counter-drug operation known as Caper Focus, which targets the maritime movement of cocaine on vessels in the Eastern Pacific Ocean. Earmarks a specified amount of such funds for conversion to operational status of a specified wide aperture radar facility in Southern California. Directs the Secretary, as part of such conversion, to evaluate the facility's ability to detect and track high-speed vessels typically used in the water transportation of illegal drugs. Requires a report.
(Sec. 1022) Prohibits the use of funds for proposed forward operating locations outside the United States from which the U.S. Southern Command may conduct counter-drug detection and flight monitoring until a formal agreement regarding the use of such a location is executed between the United States and the host nation.
(Sec. 1023) Amends the National Defense Authorization Act for Fiscal Year 1998 to direct the Secretary to report to the defense committees on the deployment of U.S. military personnel in Columbia.
(Sec. 1024) Authorizes the Secretary, upon written request from the Attorney General (AG) or Secretary of the Treasury, to assign members of the armed forces to assist: (1) the Immigration and Naturalization Service in preventing the entry of terrorists and drug traffickers into the United States; and (2) the U.S. Customs Service in inspection activities at ports of entry to prevent the entry of weapons of mass destruction and their related components, prohibited narcotics or drugs, or other terrorist or drug trafficking items. Provides for a training program for such personnel. Requires a civilian law enforcement officer from the agency concerned to accompany any member assigned. Terminates such authority after September 30, 2002.
Subtitle D: Other Matters - Requires the Secretary to include in annual budget justification materials specific identification of amounts required to carry out records declassification activities pursuant to executive order. Limits to $20 million the amount authorized for FY 2000 for such activities.
(Sec. 1032) Directs the Secretary to notify the defense committees of information received with respect to the compromise of classified information concerning defense programs.
(Sec. 1033) Amends the National Defense Authorization Act for Fiscal Year 1998 to prohibit DOD funds from being used to retire or dismantle B-52H bomber aircraft below a level of 76 (currently 71). States that all such strategic nuclear force limitations contained therein shall cease to apply upon a specified certification from the President to Congress. Requires a minimum level of strategic nuclear delivery systems if the President submits such certification.
(Sec. 1034) Directs the Chairman of the Joint Chiefs of Staff to report to the Secretary the Chairman's assessment of the strategic and military risks associated with executing missions under the current national military strategy.
(Sec. 1035) Directs the Secretary to include in his annual budget report a description of the operations and personnel tempo of the armed forces.
(Sec. 1036) Makes a specified provision of the Federal Reports Elimination and Sunset Act calling for the elimination of certain reporting requirements inapplicable to specified reporting requirements contained in certain Federal armed forces provisions, prior military or national defense authorization Acts, and related Acts.
(Sec. 1038) Authorizes the Secretary to make grants to the United Service Organizations, Inc (USO)., to contribute funds for the USO's Spirit of Hope Endowment Fund. Provides grant funds from O&M funds authorized under this Act.
(Sec. 1039) Authorizes the Secretary to transfer to the AG quantities of non-stockpile lethal chemical agents required to support training at the Chemical Defense Training Facility in Fort McClellan, Alabama, against terrorist use of lethal chemical weapons or agents. Directs the Secretary to report annually to Congress on such transfers.
(Sec. 1040) Authorizes the Secretary to waive certain costs for the education of foreign military officers and civilian officials at the Asia-Pacific Center for Security Studies if determined to be in the national security interest. Authorizes the Secretary to accept gifts and donations to offset such costs, under certain conditions. Requires the Secretary to notify Congress if such donations and gifts exceed $2 million in any fiscal year.
(Sec. 1041) Directs the Secretary to report to Congress describing the effect of continued U.S. military operations in the Balkans region on the ability of the United States to successfully engage in a major contingency or two simultaneous major theater wars.
(Sec. 1042) Directs the Secretary to report to the President and the defense, intelligence, and appropriations committees on the factors involved in the three recent failures of the Titan IV space launch vehicle and the reforms that the Secretary is implementing to minimize future failures of such vehicle and future launch systems. Requires an interim report.
(Sec. 1043) Directs the Secretary to report to Congress on airlift requirements to support the U.S. national military strategy.
(Sec. 1044) Provides authorized uses of lease proceeds in connection with the operation of the Naval Academy Dairy Farm.
(Sec. 1045) Directs the DOD Inspector General to investigate whether DOD purchases of free weight strength training equipment are being made in compliance with the Buy American Act. Requires the report to be transmitted to the Secretary and then to Congress.
(Sec. 1046) Amends the Defense Against Weapons of Mass Destruction Act of 1999 to state that certain assistance provided to Federal, State, and local agencies under such Act shall include the performance by the Department of Justice of assessments of the threat and risk of terrorist employment of weapons of mass destruction against cities and other local areas. Provides for a related pilot test by the Attorney General.
Title XI: Department of Defense Civilian Personnel - Continues, notwithstanding certain Federal pay limitations, the authority of the Secretaries of Defense or a military department to fix the pay of civilian employees paid from nonappropriated funds, with a limitation.
(Sec. 1102) Provides for the restoration of earned but unused annual leave in the case of DOD emergency essential employees deployed to a combat zone outside the United States.
(Sec. 1103) Authorized the use of Federal annual leave for the performance of inactive-duty training for Guard and reserve personnel.
(Sec. 1104) Entitles to early retirement and separation incentives a DOD civilian employee who: (1) has been continuously employed by DOD for 30 days; (2) is serving under an appointment that is not time-limited; (3) is not in receipt of a notice of involuntary separation for misconduct or unacceptable performance; (4) is separated voluntarily; (5) has completed 25 years of service or is at least 50 years old and has completed 20 years of service; and (6) retires before October 1, 2000. Requires additional DOD contributions to Federal retirement funds to cover such incentives. Provides additional eligibility requirements.
(Sec. 1105) Extends through specified conditional dates the temporary authority to continue health insurance coverage for certain DOD employees. Offsets the costs of such continued authority through certain O&M funds authorized under this Act.
Title XII: Matters Relating to Other Nations - Directs the Secretary to report to the defense committees on the strategic stability between the United States and Russia and other potential nuclear adversaries.
(Sec. 1202) Amends the Weapons of Mass Destruction Control Act of 1992 to extend through FY 2000 the use of certain counterproliferation authorities for the support of U.S. weapons inspection activities in Iraq.
(Sec. 1203) Prohibits the Secretary from authorizing specified military-to-military exchanges or contacts with representatives of the People's Liberation Army and the People's Republic of China. Makes such prohibition inapplicable to search and rescue or humanitarian exercises. Requires the Secretary to certify to the defense committees whether any such exchange or contact has taken place. Requires an annual report on the current state of contacts with the People's Liberation Army.
(Sec. 1204) Directs the Secretary to report to Congress on the current military capabilities of allied nations to contribute to the successful conduct of major theater wars as anticipated in the Quadrennial Defense Review of 1997.
(Sec. 1205) Limits the amount of authorized O&M funds that may be used for the incremental costs of U.S. armed forces for Bosnia peacekeeping operations. Authorizes the waiver of such limitation upon a certification from the President to Congress containing specified assurances.
(Sec. 1206) Prohibits, with limited exceptions, any funds available to DOD from being used for the deployment of U.S. armed forces in Haiti. Requires a report.
(Sec. 1207) Outlines U.S. goals for the conflict with the Federal Republic of Yugoslavia.
(Sec. 1208) Requires a report from the Secretary to the foreign relations committees on the security situation on the Korean Peninsula.
(Sec. 1209) Requires an annual report from the Secretary to Congress on the current and future military strategy and capabilities of the People's Republic of China (China).
Title XIII: Cooperative Threat Reduction With States of the Former Soviet Union - Specifies the Cooperative Threat Reduction (CTR) programs to be funded by O&M funds authorized under this Act. Allocates CTR funds among various CTR programs and activities, prohibiting the use of such funds for any other purpose until 30 days after the Secretary reports such purpose to Congress. Authorizes the Secretary, in the national interest, to obligate amounts in excess of those stated for such purposes, but prohibits the total amount obligated from exceeding the amount authorized. Requires congressional notification followed by a 15-day waiting period when the Secretary exercises such authority.
(Sec. 1303) Prohibits the use of CTR funds for FY 2000 and thereafter for: (1) peacekeeping activities with Russia; (2) housing; (3) environmental restoration assistance; (4) job retraining assistance; (5) defense conversion assistance to Russia or any other state of the former Soviet Union; or (6) the elimination of conventional weapons or the delivery vehicles of such weapons.
(Sec. 1304) Prohibits the use of FY 2000 CTR funds for the construction of a certain fissile material storage facility in Russia until 15 days after the Secretary notifies Congress that the two countries have signed an agreement allowing the United States to verify the weapons origin of the material stored. Requires certain additional verifications before any CTR funds may be used for such construction.
(Sec. 1305) Prohibits the obligation or expenditure of FY 2000 CTR funds for: (1) planning, design, or construction of a chemical weapons destruction facility in Russia; (2) biological weapons proliferation prevention activities in Russia until a specified report is submitted; and (3) any activity until the Secretary reports to Congress on a multiyear plan for the use of CTR funds.
(Sec. 1308) Directs the Secretary to report to Congress: (1) an explanation of DOD strategy for encouraging states of the former Soviet Union that receive CTR funds to contribute financially to the threat reduction effort; (2) a prioritization of DOD projects carried out under CTR programs; and (3) an identification of any limitations that the United States has or will seek to impose on the level of assistance provided by the United States for each of such projects.
(Sec. 1309) Directs the President to report to Congress on the Expanded Threat Reduction Initiative.
Title XIV: Proliferation and Export Control Matters - Requires a report from the President to Congress on compliance with the Missile Technology Control Regime by China and any actual or suspected transfer by Russia or any other country of missile technology to China in violation of such Regime.
(Sec. 1402) Requires an annual report from the President to Congress on transfers of military technology to China.
(Sec. 1403) Requires the President to report to Congress on implementation of a required transfer of satellites and related items from the Commerce Control List of dual-use items to the United States Munitions List.
(Sec. 1404) Outlines specified requirements, to be enforced by the Secretary of State, as conditions of the export license for any satellite to be launched outside the United States.
(Sec. 1405) Directs the Secretary to require that DOD space launch monitors assigned to monitor launches in China maintain records of all information authorized to be transmitted to China. Directs the Secretary to ensure transmission of such information to other authorized Federal agencies.
(Sec. 1406) Directs the Secretaries of Energy, Defense, and State to review and report to Congress on the national security implications of exporting high-performance computers to China.
(Sec. 1407) Directs the President to seek to enter into an agreement with China for the revision of existing verification systems for the export to China of high-performance computers.
(Sec. 1408) Directs the President to recommend to Congress procedures for the review of the export of controlled technologies and items which are of greatest national security concern.
(Sec. 1409) Amends the Defense Production Act of 1950 to require notification to the President of a proposed merger, acquisition, or takeover by foreign firms of U.S. firms engaged in national security industries.
(Sec, 1410) Requires a report to Congress by the inspectors general of specified Federal agencies on the adequacy of current export controls and counterintelligence measures to protect against the acquisition by China of military sensitive U.S. technology.
(Sec. 1411) Directs the President to establish new binding international controls on technology transfers that threaten international peace and U.S. national security. Establishes in DOD an Office of Technology Security for such purposes.
(Sec. 1412) Requires annual audits by the inspectors general of DOD and Energy of policies and procedures concerning the export of technology to China.
(Sec. 1413) Directs the Secretary of State to ensure that, in any fiscal year, adequate resources are allocated to the Office of Trade Defense Controls for the review and processing of export license applications. Requires similar allocations by the Secretary of Defense with respect to the Defense Threat Reduction Agency.
(Sec. 1414) Directs the Secretary to report to Congress assessing the cumulative impact of individual licenses granted by the United States for exports, goods, or technology to certain countries of concern.
Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 2000 - Title XXI (sic): Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, carry out architectural planning and design activities, and improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1999 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title.
Title XXII: Navy - Provides, with respect to the Navy, authorizations paralleling those provided for the Army under Title XXI.
(Sec. 2205) Authorizes the Secretary of the Navy to: (1) accept from the Guam Power Authority various improvements to certain electrical transformers in Guam; and (2) carry out a military construction project involving infrastructure development at the Marine Corps Combat Development Command in Quantico, Virginia.
Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations paralleling those provided for the Army.
(Sec. 2305) Directs the Secretary of the Air Force to report to Congress a plan for the completion of multi-phase efforts to consolidate research and technology development activities conducted at the Rome Research Site in Rome, New York.
Title XXIV: Defense Agencies - Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to improve existing military family housing units in specified amounts.
(Sec. 2403) Earmarks funds authorized under this title for deposit into the Department of Defense Family Housing Fund.
(Sec. 2404) Authorizes the Secretary to carry out certain energy conservation projects.
(Sec. 2405) Authorizes appropriations to DOD for fiscal years after 1999 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title.
(Sec. 2406) Amends the Military Construction Authorization Act for Fiscal Year 1997 to increase the amount authorized for a project at the Pueblo Chemical Activity, Colorado.
(Sec. 2407) Prohibits the obligation or expenditure of drug interdiction and counter-drug activities funding authorized under this title until 30 days after the Secretary describes in detail to Congress the purposes for which such funds will be obligated for the development of forward operating locations for U.S. Southern Command counter-drug detection and flight monitoring.
Title XXV: North Atlantic Treaty Organization Security Investment Program - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 1999 for such contributions.
Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1999 for the Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities.
Title XXVII: Expiration and Extension of Authorizations - Terminates all authorizations contained in titles XXI through XXVI of this Act on October 1, 2002, or the date of enactment of an Act authorizing funds for military construction for FY 2003, whichever is later, with exceptions. Extends certain prior-year military construction projects.
Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Allows contributions made under title XXV, above, to be used for support for implementation of a military operations plan approved by the North Atlantic Council.
(Sec. 2802) Authorizes the Secretary of the Navy to exercise appropriate authority to develop Ford Island, Hawaii, in a manner compatible with the Navy mission, as long as such Secretary submits to the appropriate congressional committees a master plan for such development and 30 days have since elapsed. Provides conveyance and lease authorities with respect to such development, requiring the same congressional notification and waiting period. Establishes in the Treasury the Ford Island Improvement Account for development and transaction costs. Prohibits such Secretary from using such funds to acquire, construct, or improve military housing or ancillary supporting facilities on such Island. Authorizes transfers to such Account from specified military housing funds.
(Sec. 2803) Limits the type of ancillary supporting facility that may be included in the acquisition or construction of military family housing units to those that would not be in direct competition with any military resale activities conducted for military morale, welfare, and recreation purposes.
(Sec. 2804) Authorizes the use of available funds for design (currently, only planning) in connection with the acquisition of reserve facilities.
(Sec. 2805) Authorizes the use of unspecified minor construction funds for construction projects costing less than $3 million and intended to correct deficiencies that are a threat to life, health, or safety.
(Sec. 2806) Expands the entities (currently, only private persons) eligible to participate in a DOD program to acquire or construct military family or unaccompanied housing units on or near military installations to include a corporation, firm, partnership, company, State or local government, or State or local housing authority. Allows such entities to participate in direct loans and loan guarantees, rental guarantees, and differential lease payments under the program.
Subtitle B: Real Property and Facilities Administration - Extends through FY 2005 the authority of the Secretary to lease property for special operations activities.
(Sec. 2812) Authorizes the Secretary concerned, in connection with the conveyance of a utility system, to enter into a contract for utility services for a period not to exceed 50 years. Authorizes the use of military construction project funds to facilitate such conveyances.
(Sec. 2813) Authorizes the Secretary concerned to accept funds from a person or entity to cover administrative expenses relating to the disposal of real property for which such Secretary will be the disposal agent.
(Sec. 2814) Directs the Secretary to study and report to Congress on an evaluation of the impact upon military readiness of any proposed changes in land management of certain Utah lands which are adjacent to or near the Utah Test and Training Range.
Subtitle C: Defense Base Closure and Realignment - Amends the Defense Base Closure and Realignment Act of 1990 to provide authority for the continued use of the Defense Base Closure Account 1990 for activities required to close or realign military installations.
Subtitle D: Land Conveyances - Part I: Army Conveyances - Authorizes the Secretary of the Army to convey to: (1) the Secretary of Veterans Affairs a portion of Fort Sam Houston, Texas, for use as a national cemetery; (2) Kankakee, Illinois, the Stefaninch Army Reserve Center in Kankakee; (3) the Fort Des Moines Black Officers Memorial, Inc., a chapel and building at Fort Des Moines, Iowa, for memorial and educational purposes; (4) the Borough of Marcus Hook, Pennsylvania, the Army Maintenance Support Activity (Marine) Number 84 in Marcus Hook, for economic development purposes; (5) Juneau, Alaska, the Juneau National Guard Dock; (6) the Veterans Services Commission of the State of Arizona a portion of Fort Huachuca, Arizona, for a State-run veterans cemetery; (7) the Cannon Falls Area Schools, Minnesota Independent School District Number 252, the Army Reserve Center in Cannon Falls, for educational uses; (8) the Township Council of East Hanover, New Jersey, the Nike Battery 80 family housing site in East Hanover, for housing and recreational purposes; (9) Moline, Illinois, a portion of the Rock Island Arsenal in Illinois; and (10) Arden Hills, Minnesota, a portion of the Twin Cities Army Ammunition Plant, for construction of a city hall complex.
(Sec. 2840) Amends the Military Construction Authorization Act for Fiscal Year 1996 to add certain landfill restrictions to a land conveyance involving the Joliet Army Ammunition Plant, Illinois.
Part II: Navy Conveyances - Authorizes the Secretary of the Navy to convey to: (1) Dallas, Texas, the Naval Weapons Industrial Reserve Plant No. 387 in Dallas; (2) the Orange County Navigation and Port District, Texas, a portion of the Naval and Marine Corps Reserve Center in Orange, Texas; and (3) the State of North Carolina a portion of the Marine Corps Air Station, Cherry Point, North Carolina, for development for educational purposes.
Part III: Air Force Conveyances - Authorizes the Secretary of the Air Force to convey to: (1) the redevelopment authority for Pease Air Force Base, New Hampshire, a deactivated fuel supply line at such Base; (2) Panama City, Florida, the military housing project for Tyndall Air Force Base in Florida; (3) the town of Ohio, New York, the Forestport Test Annex, for economic and municipal purposes; and (4) the Regents of the University of California the McClellan Nuclear Radiation Center in California.
(Sec. 2863) Authorizes the Secretaries of the Air Force and the Interior to convey to the Port of Anchorage, Alaska, certain land adjacent to the Port of Anchorage Marine Industrial Park.
Subtitle E: Other Matters - Directs the Secretary to transfer to the Secretary of the Army certain parcels of real property in Arlington, Virginia, for the expansion of Arlington National Cemetery. Directs the Secretary of the Army to modify the boundary of such Cemetery to include certain lands situated in Fort Myer, Virginia. Provides transfer deadlines and requires a report concerning additional lands in Fort Myer that may be suitable for expansion of such Cemetery.
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI (sic): Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 2000 for operating expenses, capital equipment, and plant projects necessary in carrying out the following activities for national security programs: (1) weapons activities; (2) defense environmental restoration and waste management; (3) other defense activities; (4) defense nuclear waste disposal; and (5) defense environmental management privatization activities.
(Sec. 3106) Increases amounts authorized under this title for Counterintelligence Cyber Security programs. Requires an offsetting reduction of funds available for contractor travel expenses.
Subtitle B: Recurring General Provisions - Prohibits the use of funds appropriated pursuant to this title for: (1) the cost of a program exceeding 110 percent of the program authorization or $1 million more than the amount authorized; or (2) programs which have not been presented to, or requested of, Congress until the Secretary of Energy (Secretary, for purposes of this Division) transmits to the defense and appropriations committees a full statement of the action proposed and 30 days have since expired.
(Sec. 3122) Places certain funding limits for general plant and construction projects of DOE. Requires congressional reports when amounts exceed such limits.
(Sec. 3124) Authorizes the Secretary to transfer DOE-authorized funds: (1) to other Federal agencies for the performance of work for which such funds were authorized; or (2) between authorizations within DOE, to be merged with and available for the same purposes. Requires notification to the defense committees of any such transfers.
(Sec. 3125) Directs the Secretary, before submitting a funding request for a construction project in support of a DOE national security program, to complete a conceptual design for such project. Requires a separate funding request for designs for which the estimated cost exceeds $3 million. Authorizes the Secretary to carry out construction design services in connection with any proposed construction project if the total estimated cost for the design does not exceed $600,000. Requires specific authorization by law for designs exceeding such amount.
(Sec. 3126) Authorizes the use of DOE funds for planning, design, and construction activities for any DOE national security program that must proceed expeditiously in order to protect public health and safety, meet the needs of national defense, or protect property. Requires the Secretary to report to the defense and appropriations committees when funds are so used. Makes funds for management and support and for general plant projects under this Subtitle available for all DOE national security programs.
(Sec. 3129) Directs the Secretary, during FY 2000, to empower each DOE field office manager with the authority to transfer defense environmental management funds from a program or project under such office's jurisdiction to another program or project in order to assess a risk to health, safety, or the environment or to assure the most efficient use of such funds at that field office. Limits such transfer to a total of $5 million per fiscal year. Directs the Secretary to notify Congress within 30 days after any such transfer.
Subtitle C: Program Authorizations, Restrictions, and Limitations - Prohibits: (1) more than 25 percent of funds appropriated after fiscal year 1999 for the Initiatives for Proliferation Prevention Program from being spent at DOE laboratories; and (2) any such funds from being used to pay any tax or customs duty levied by the government of the Russian Federation.
(Sec. 3133) Directs the Secretary to ensure that the national laboratories carry out theater ballistic missile defense development programs pursuant to a memorandum of understanding between the Secretary and the Secretary of Defense under the National Defense Authorization Act for Fiscal Year 1998. Provides funding for such laboratories for such program, earmarking funds for the development and test of advanced kinetic energy ballistic missile defense warheads based on advanced explosive technology. Requires that, of the funds provided to such laboratories for national security activities, no more than three (currently six) percent of such funds may be used for laboratory-directed research and development.
(Sec. 3134) Earmarks specified funds authorized under this title for research, development, and demonstration activities to support the mission of the Ballistic Missile Defense Organization of DOD. Requires a memorandum of understanding between the above Secretaries in using national laboratories for such purpose.
Subtitle D: Commission on Nuclear Weapons Management - Establishes the Commission on Nuclear Weapons Management to examine the DOD and DOE organizational and management structures responsible for research, development, manufacture, operation and maintenance, and related activities pertaining to nuclear weapons. Requires a Commission interim and final report to Congress on its findings and conclusions. Terminates the Commission 60 days after the final report.
Subtitle E: Other Matters - Directs the Secretary to submit to the defense and appropriations committees an accelerator production plan to meet requirements of the Nuclear Weapons Stockpile Memorandum relating to tritium production by expediting the completion of the design and initiating construction of a particle accelerator for such production. Requires the Secretary to designate particle accelerator technology as the primary technology for such production, and light water reactor technology as the backup technology, if the Nuclear Regulatory Commission does not grant to the Tennessee Valley Authority certain amended licenses for the operation of commercial light water reactors in Tennessee.
(Sec. 3162) Authorizes DOE to pay voluntary separation incentive payments to qualifying employees who voluntarily separate before January 1, 2002. Requires a report.
(Sec. 3163) Amends the National Defense Authorization Act for Fiscal Year 1996 relating to a DOE fellowship program for the development of skills critical to the DOE nuclear weapons complex mission to: (1) remove provisions authorizing the Secretary to employ individuals at certain DOE facilities to assist in the development of such skills; (2) require individuals participating in such program to be U.S. citizens; (3) include the Lawrence Livermore, Los Alamos, and Sandia national laboratories as participants in the program; (4) require participants to agree, after such participation, to serve in a full-time DOE position for at least one year, if a position is offered; (5) require the Secretary to submit to the defense and appropriations committees a plan for program administration; and (6) provide program funding.
(Sec. 3164) Directs the Secretary to include in annual DOE budget justification materials the specific identification of amounts necessary for DOE records declassification activities pursuant to executive order. Limits to $8.5 million the FY 2000 DOE funds that may be used for such purpose.
(Sec. 3165) Directs the Secretary, in assigning functions at DOE nuclear facilities, to assign direct authority over, and responsibility for, the nuclear weapons production facilities and national laboratories in all matters relating to national security to the Assistant Secretary of Energy for Defense Programs. Outlines covered functions. Provides authorized delegation of authority by such Assistant Secretary, requiring the head of an operations office to which a function is delegated to report directly to such Assistant Secretary.
(Sec. 3166) Directs the Secretary to notify the defense committees of information concerning the compromise of classified information concerning DOE nuclear energy defense programs.
(Sec. 3167) Amends the Atomic Energy Act of 1954 to provide civil penalties for violations of DOE regulations regarding security of classified or sensitive information or data.
(Sec. 3168) Directs the Secretary to carry out a counterintelligence polygraph program for DOE defense-related activities. Prohibits the Secretary from allowing a covered person to have any access to any high-risk program or information unless such person first consents to and undergoes a counterintelligence polygraph examination. Requires such testing at least every five years.
(Sec. 3169) Directs the Secretary to report annually to Congress on counterintelligence and security practices at DOE national laboratories.
(Sec. 3170) Directs the Secretary to take certain steps to ensure consistency of technology transfer policies and procedures within and among DOE national laboratories.
Subtitle F: Protection of National Security Information - National Security Information Protection Improvement Act - Directs the President to report semiannually to Congress on steps being taken by relevant Federal agencies to respond to espionage and other intelligence activities by China.
(Sec. 3183) Directs the President to report to Congress on possible alternatives to the current arrangement for controlling U.S. nuclear weapons development, testing, and maintenance within DOE, including the reestablishment of the Atomic Energy Commission as an independent nuclear agency.
(Sec. 3184) Amends the Department of Energy Organization Act to establish within DOE an Office of Foreign Intelligence, headed by a Director responsible for DOE programs and activities relating to the analysis of intelligence relating to nuclear weapons and materials, other nuclear matters, and energy security. Establishes the Office of Counterintelligence, headed by a Director who shall carry out all DOE counterintelligence relating to defense activities.
(Sec. 3185) Directs the Secretary to establish and maintain at each DOE national laboratory a counterintelligence program for defense-related activities.
(Sec. 3186) Directs the Secretary to assign an individual to assess security and counterintelligence matters at each DOE facility at which restricted data is located (other than a national laboratory).
(Sec. 3187) Directs the Secretary to carry out a counterintelligence polygraph program for the defense activities of DOE.
(Sec. 3188) Amends the Atomic Energy Act of 1954 to: (1) provide civil penalties for violations of DOE regulations relating to the safeguarding and security of restricted data; and (2) increase the penalties for the misuse of restricted data.
(Sec. 3190) Prohibits the Secretary from admitting to any facility of a DOE national laboratory any individual who is a citizen or agent of a nation named on the current sensitive countries list unless the Secretary first completes a background review of such individual. Provides a moratorium on any such admissions pending certification that all appropriate security measures are in place to prevent espionage or intelligence gathering by or for a sensitive country. Authorizes the Secretary to waive the moratorium on a case-by-case basis, requiring waiver notification to the defense and intelligence committees. Provides moratorium exceptions. Expresses the sense of Congress that required background reviews be completed within 15 days.
(Sec. 3191) Prohibits the Secretary from allowing unescorted access to any classified area or classified information of any DOE facility engaged in defense activities to any citizen of a foreign nation unless the Secretary or the foreign government completes a security clearance of such individual.
(Sec. 3192) Directs the Secretary to report annually to the defense and intelligence committees on security and counterintelligence standards at DOE national laboratories and facilities engaged in defense activities.
(Sec. 3193) Directs the National Counterintelligence Policy Board to prepare a report on security vulnerabilities of DOE computers. Requires such reports to be transferred to the Secretary and the FBI Director and then forwarded to the defense and intelligence committees.
(Sec. 3194) Directs the Secretary to establish procedures to govern access to classified information on DOE defense-related computers. States that no user of such a computer shall have any expectation of privacy in its use.
(Sec. 3195) Defines the DOE national laboratories, as used in this title, as the Lawrence Livermore, Los Alamos, Sandia, and Oak Ridge National Laboratories.
Title XXXII: Defense Nuclear Facilities Safety Board - Authorizes appropriations for FY 2000 for the Defense Nuclear Facilities Safety Board.
Title XXXIII: National Defense Stockpile - Authorizes the National Defense Stockpile (NDS) Manager, during FY 2000, to obligate up to $78.7 million of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses, including the disposal of hazardous materials that are environmentally sensitive. Authorizes the NDS Manager to obligate amounts in excess of such amounts 45 days after notifying Congress that extraordinary or emergency conditions necessitate the additional obligations.
(Sec. 3303) Repeals specified provisions of the National Defense Authorization Act for Fiscal Year 1996 which provide disposal limits for chromite and manganese ores and electrolytes and manganese ferro.
Title XXXIV: Maritime Administration - Maritime Administration Authorization Act for Fiscal Year 2000 - Authorizes appropriations for FY 2000 for the Department of Transportation for the Maritime Administration.
(Sec. 3403) Amends the Merchant Marine Act, 1936 to authorize the Secretary of Transportation to accept and hold in escrow proceeds of an obligation guaranteed by the Secretary, if such proceeds are to be used to finance the construction, reconstruction, or reconditioning of a vessel that will serve as security for the guarantee. Authorizes the Secretary to establish in the Treasury a deposit fund to hold cash belonging to an obligor which serves as collateral for a loan guarantee, requiring the Secretary and the obligor to enter into an agreement governing the deposit, withdrawal, retention, use, and reinvestment of cash held in the fund.
(Sec. 3404) Extends through June 30, 2005, the authority of such Secretary to provide war risk insurance and reinsurance.
Title XXXV: Panama Canal Commission - Panama Canal Commission Authorization Act for Fiscal Year 2000 - Authorizes the Panama Canal Commission to make such expenditures as necessary for the operation, maintenance, improvement, and administration of the Panama Canal for the period from October 1 through December 31, 1999 (after which Canal ownership reverts to the Republic of Panama), with specified funding limits.
(Sec. 3503) Requires Commission funds to be made available for the purchase and transportation to the Republic of Panama of passenger motor vehicles, with a per vehicle cost limit of $26,000.
(Sec. 3504) Amends the Panama Canal Act of 1979 to authorize the Office of Transition Administration to obligate and expend funds from the Panama Canal Commission Dissolution Fund for authorized Canal ownership transition purposes. Makes such provision effective on and after the termination of the Panama Canal Treaty of 1977.