HR 1401 IH
106th CONGRESS
1st Session
H. R. 1401
To authorize appropriations for fiscal years 2000 and 2001 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal years 2000 and 2001, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
April 14, 1999
Mr. SPENCE (for himself and Mr. SKELTON) (both by request) introduced the following bill; which was referred to the Committee on Armed Services
A BILL
To authorize appropriations for fiscal years 2000 and 2001 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal years 2000 and 2001, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `National Defense Authorization Act for Fiscal Years 2000 and 2001'.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 102. Navy and Marine Corps.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Defense Health Program.
Sec. 107. Chemical Demilitarization Program.
Subtitle B--Multi-Year Contract Authorizations
Sec. 111. Authorization of multi-year contracts for the Army and the Navy.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 201. Authorization of appropriations.
TITLE III--OPERATION AND MAINTENANCE
Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from the National Defense Stockpile Transaction Fund.
Sec. 305. Authority to fund inspector expenses from the organization for the prohibition of chemical weapons.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for Active Forces.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. End strengths for military technicians (non-dual status).
Sec. 415. Increase in number of members in certain grades authorized to serve on active duty in support of the Reserves.
Subtitle C--End and Grade Strength Management
Sec. 416. Permanent end strength levels to support two major regional contingencies.
Sec. 417. Permanent selected Reserve end strength waiver authority.
Sec. 418. Senior joint officer positions exempted from numerical limitation; permanent authorities.
Sec. 419. Air Force officer authorizations; exemption for certain positions from grade strengths.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Officers eligible to serve on boards of inquiry.
Sec. 502. Clarification of selection procedures for the Judge Advocate General and the Assistant/Deputy Judge Advocate General of the military departments and the Staff Judge Advocate to the Commandant to the Marine Corps.
Sec. 503. Tenure requirement for critical acquisition positions.
Sec. 504. Recommendations for promotion by selection boards.
Subtitle B--Matters Relating to Reserve Components
Sec. 510. Continuation on Reserve active status list to complete disciplinary action.
Sec. 511. Authority to order Reserve component members to active duty to complete a medical evaluation.
Sec. 512. Eligibility for consideration for promotion; general rules.
Sec. 513. Retention of certain Reserve component officers who twice failed selection for promotion.
Sec. 514. Computation of years of service exclusion.
Sec. 515. Authority to retain Reserve component chaplains until age 67.
Sec. 516. Space required travel for Reserves; expansion and codification.
Sec. 517. Conforming amendment to authorize Reserve officers and retired regular officers to hold a civil office while serving on active duty for not more than 270 days.
Sec. 518. Clerical amendment regarding retired pay for nonregular service.
Subtitle C--Military Education and Training
Sec. 520. To make permanent the expansion of ROTC Program to include graduate students.
Sec. 521. Correction of Reserve credit for participation in health professional scholarship and financial assistance program.
Sec. 522. Payment of tuition for off-duty training or education.
Sec. 523. Dean of the Academic Board of the United States Military Academy and Dean of the Faculty of the United States Air Force Academy.
Sec. 524. United States Army War College Master of Strategic Studies Degree.
Sec. 525. Air University; graduate-level degrees.
Sec. 526. Financial assistance program for specially selected members: Marine Corps Reserve.
Subtitle D--Uniform Code of Military Justice
Sec. 530. Increase in jurisdiction of special courts-martial to authorize imposition of sentence to confinement and forfeitures of pay of not more than one year.
Sec. 531. Revision to measurement of breath and blood alcohol for purposes of determining the offense of drunken operation of a vehicle, aircraft, or vessel.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2000.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 610. Enlistment bonus installment.
Sec. 611. Enlistment bonus amount.
Sec. 612. Reenlistment bonus--months of continuous active duty.
Sec. 613. Reenlistment bonus; increase in statutory maximum payable.
Sec. 614. Reserve component prior service enlistment bonus eligibility for attaining a critical skill.
Sec. 615. Aviation career incentive pay for air battle managers.
Sec. 616. Diving duty special pay and hazardous duty incentive pay.
Sec. 617. Career enlisted flyer incentive pay.
Sec. 618. Increase to diving duty special pay.
Sec. 619. Foreign language proficiency pay--increase in statutory maximum payable.
Sec. 620. Surface warfare officer continuation pay.
Sec. 621. Aviation career officers extending period of active duty.
Sec. 622. Special warfare officer continuation pay.
Sec. 623. Increase in special pay and bonuses for nuclear-qualified officers.
Subtitle C--Extension of Certain Bonuses and Special Pays
Sec. 625. Extension of certain bonuses and special pay authorities for Reserve Forces through fiscal year 2001.
Sec. 626. Extension of authorities relating to payment of reenlistment and enlistment bonuses and special pay for aviation career officers extending period of active duty.
Sec. 627. Extension of certain bonuses and special pay authorities for nurse officer candidates, registered nurses, and nurse anesthetists.
Sec. 628. Extension of authority relating to payment of nuclear career field bonuses and special pay.
Subtitle D--Military Retired Pay
Sec. 630. Repeal of reduction in retired pay applicable to post-August 1, 1986, members with less than 30 years of service.
Sec. 631. Modify the `CPI-1' cost-of-living adjustment applicable to retired pay of post-August 1, 1986, members.
Sec. 632. Conforming amendments.
Sec. 633. Effective date.
Subtitle E--Other Matters
Sec. 640. Lump sum leave with reenlistment.
Sec. 641. Emergency leave travel cost limitations.
Sec. 642. Authority to pay certain actual expenses of reservists.
Sec. 643. Aviation career incentive pay; delegation of authority to waive operational flying duty requirements.
Sec. 644. Tuition assistance for members deployed in a contingency operation.
Sec. 645. Payment of temporary lodging expenses to members making their first permanent change of station.
Sec. 646. Duty status; whereabouts unknown; pay administration.
Sec. 647. Biennial reporting requirement for the Montgomery GI bill; Selected Reserve.
TITLE VII--HEALTH CARE PROVISIONS
Sec. 701. Administration of health care contracts and programs.
Sec. 702. Continuation of previously provided custodial care benefits for certain CHAMPUS beneficiaries.
Sec. 703. Modification of due date for evaluation and report on Tricare effectiveness.
Sec. 704. Authority of Armed Forces medical examiner to conduct autopsies.
Sec. 705. Emergency medical care for employees of the Department of Defense on duty in the former Soviet Union or former Warsaw Pact countries.
Sec. 706. Third party collection program improvement.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Sec. 801. Protection of commercial sources.
Sec. 802. Waiver of live-fire survivability testing MH-47E/MH 60K helicopter modification programs.
Sec. 803. Sale, exchange, and waiver authority for coal and coke.
Sec. 804. Repeal of certification funding for support costs in the five-year Defense program.
Sec. 805. Repeal of the shipbuilding capability preservation agreement.
Sec. 806. Elimination of subcontract notification requirements.
Sec. 807. Annual report to Congress on nuclear attack submarine procurement and submarine technology.
Sec. 808. Elimination of annual report on design responsibility of new attack submarine program.
Sec. 809. Clerical amendment to the authority to carry out certain prototype projects.
Sec. 810. Manufacturing technology cost-sharing.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Organization
Sec. 901. Abolishment of position of Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs.
Sec. 902. Modification of the titles of certain members of the strategic environmental research and development program council.
Sec. 903. Establishment of position in the Office of the Secretary of Defense of Director of Defense Logistics.
Subtitle B--Service Academy Management
Sec. 905. Eligibility for Presidential appointment to a service academy; to include children of Reserve personnel and certain active duty personnel.
Sec. 906. Reimbursement of expenses for instruction at service academies of persons from foreign countries.
Sec. 907. Service Academy Foreign Exchange Program.
Subtitle C--Personnel Management
Sec. 910. Exemption of retiree council members from recalled retiree limits.
Subtitle C--Other Matters
Sec. 915. Vessels stricken from naval register, captures.
Sec. 916. Leases: Land for special operations activities; extension of authority.
Sec. 917. To consolidate various Department of the Navy trust and gift funds.
Sec. 918. Use of burden-sharing funds for construction in the event of war or national emergency.
Sec. 919. Protection of operational files of the National Imagery and Mapping Agency.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Repeal of requirement for separate budget request for procurement of Reserve equipment.
Sec. 1002. Repeal of requirement for two-year budget cycle for the Department of Defense.
Sec. 1003. Date for submittal of joint report on scoring of budget outlays.
Subtitle B--Foreign Nations
Sec. 1010. Cooperative military airlift agreements: allied countries.
Subtitle C--Department of Defense Schools
Sec. 1015. Amendment of eligibility requirements for attendance at Department of Defense domestic dependent elementary and secondary schools, rising senior.
Sec. 1016. Amendment of provision for school boards in Department of Defense domestic dependent elementary and secondary schools.
Sec. 1017. Amendment of eligibility criteria for dependents of members of the Armed Forces or of Federal employees to attend DOD domestic dependent elementary and secondary schools.
Subtitle D--Other Matters
Sec. 1020. National Guard Challenge Program.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 1997 projects.
TITLE XXII--NAVY
Sec. 2201. Authorized navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Authorization, drug interdiction and counter-drug activities.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Authorization, drug interdiction and counter-drug activities.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense agencies construction and land acquisition projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Military Housing Improvement Program.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense agencies.
Sec. 2406. Modification of authority to carry out certain fiscal year 1990 projects.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition projects.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1996 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1995 projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Sec. 2801. Limitation on certain projects; authority to carry out small projects with operation and maintenance funds.
Sec. 2802. Planning and design funds for military construction projects.
Subtitle B--Real Property and Facilities Administration
Sec. 2803. Utility privatization.
Sec. 2804. Authority to carry out former military housing privatization projects with funds transferred to family housing construction.
Subtitle C--Defense Base Closure and Realignment
Sec. 2806. Establishment of environmental restoration accounts for base closure installations and formerly used defense sites.
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
(a) AIRCRAFT- Funds are hereby authorized to be appropriated for procurement of aircraft for the Army as follows:
(1) $1,229,888,000 for fiscal year 2000.
(2) $1,311,751,000 for fiscal year 2001.
(b) MISSILES- Funds are hereby authorized to be appropriated for procurement of missiles for the Army as follows:
(1) $1,358,104,000 for fiscal year 2000.
(2) $1,413,287,000 for fiscal year 2001.
(c) WEAPONS AND TRACKED COMBAT VEHICLES- Funds are hereby authorized to be appropriated for procurement of weapons and tracked combat vehicles for the Army as follows:
(1) $1,416,765,000 for fiscal year 2000.
(2) $1,499,762,000 for fiscal year 2001.
(d) AMMUNITION- Funds are hereby authorized to be appropriated for procurement for ammunition for the Army as follows:
(1) $1,140,816,000 for fiscal year 2000.
(2) $1,256,928,000 for fiscal year 2001.
(e) OTHER PROCUREMENT- Funds are hereby authorized to be appropriated for procurement for ammunition for the Army as follows:
(1) $3,423,870,000 for fiscal year 2000.
(2) $4,050,455,000 for fiscal year 2001.
SEC. 102. NAVY AND MARINE CORPS.
(a) AIRCRAFT- Funds are hereby authorized to be appropriated for procurement of aircraft for the Navy as follows:
(1) $8,228,655,000 for fiscal year 2000.
(2) $8,010,880,000 for fiscal year 2001.
(b) WEAPONS- Funds are hereby authorized to be appropriated for procurement of weapons (including missiles and torpedoes) for the Navy as follows:
(1) $1,357,400,000 for fiscal year 2000.
(2) $1,559,200,000 for fiscal year 2001.
(c) NAVY AND MARINE CORPS AMMUNITION- Funds are hereby authorized to be appropriated for ammunition for the Navy and Marine Corps as follows:
(1) $484,900,000 for fiscal year 2000.
(2) $479,800,000 for fiscal year 2001.
(d) SHIPBUILDING AND CONVERSION- Funds are hereby authorized to be appropriated for shipbuilding and conversion for the Navy as follows:
(1) $6,678,454,000 for fiscal year 2000.
(2) $12,225,660,000 for fiscal year 2001.
(e) OTHER PROCUREMENT, NAVY- Funds are hereby authorized to be appropriated for other procurement for the Navy as follows:
(1) $4,100,091,000 for fiscal year 2000.
(2) $3,640,153,000 for fiscal year 2001.
(f) MARINE CORPS- Funds are hereby authorized to be appropriated for procurement for the Marine Corps as follows:
(1) $1,137,220,000 for fiscal year 2000.
(2) $1,129,880,000 for fiscal year 2001.
SEC. 103. AIR FORCE.
(a) AIRCRAFT- Funds are hereby authorized to be appropriated for procurement of aircraft for the Air Force as follows:
(1) $9,302,086,000 for fiscal year 2000.
(2) $9,923,117,000 for fiscal year 2001.
(b) MISSILES- Funds are hereby authorized to be appropriated for procurement of missiles for the Air Force as follows:
(1) $2,359,608,000 for fiscal year 2000.
(2) $3,337,205,000 for fiscal year 2001.
(c) AMMUNITION- Funds are hereby authorized to be appropriated for ammunition for the Air Force as follows:
(1) $419,537,000 for fiscal year 2000.
(2) $648,324,000 for fiscal year 2001.
(d) OTHER PROCUREMENT- Funds are hereby authorized to be appropriated for other procurement for the Air Force as follows:
(1) $7,085,177,000 for fiscal year 2000.
(2) $7,399,048,000 for fiscal year 2001.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for Defense-wide procurement as follows:
(1) $2,128,967,000 for fiscal year 2000.
(2) $2,911,556,000 for fiscal year 2001.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for procurement for the Inspector General of the Department of Defense as follows:
(1) $2,100,000 for fiscal year 2000.
(2) $2,100,000 for fiscal year 2001.
SEC. 106. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for procurement for carrying out health care programs, projects, and activities of the Department of Defense as follows:
(1) $356,970,000 for fiscal year 2000.
(2) $363,149,000 for fiscal year 2001.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
Funds are hereby authorized to be appropriated for the destruction of lethal chemical weapons in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521) and the destruction of chemical warfare material of the United States that is not covered by section 1412 of such Act as follows:
(1) $1,169,000,000 for fiscal year 2000.
(2) $986,000,000 for fiscal year 2001.
Subtitle B--Multi-Year Contract Authorizations
SEC. 111. AUTHORIZATION OF APPROPRIATIONS.
Multi-year contracts may be entered into in accordance with section 2306 of title 10, United States Code, as follows:
(A) Longbow Apache Helicopter;
(C) MLRS Rocket Launcher;
(D) Abrams M1A2 Upgrade; and
(E) Bradley M2A3 Vehicle.
(2) For the Navy: F/A-18E/F Aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
(a) FISCAL YEAR 2000- Funds are hereby authorized to be appropriated for fiscal year 2000 for the use of the Armed Forces for research, development, test, and evaluation, as follows:
(1) For the Army, $4,426,194,000.
(2) For the Navy, $7,984,016,000.
(3) For the Air Force, $13,077,829,000.
(4) For Defense-wide activities, $8,887,180,000, of which--
(A) $253,457,000 is authorized for the activities of the Director, Test and Evaluation; and
(B) $24,434,000 is authorized for the Director of Operational Test and Evaluation.
(b) FISCAL YEAR 2001- Funds are hereby authorized to be appropriated for fiscal year 2001 for the use of the Armed Forces for research, development, test, and evaluation, as follows:
(1) For the Army, $4,750,578,000.
(2) For the Navy, $7,974,893,000.
(3) For the Air Force, $12,756,201,000.
(4) For Defense-wide activities, $8,807,157,000, of which--
(A) $253,523,000 is authorized for the activities of the Director, Test and Evaluation; and
(B) $24,004,000 is authorized for the Director of Operational Test and Evaluation.
TITLE III--OPERATION AND MAINTENANCE
Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
(a) FISCAL YEAR 2000- Funds are hereby authorized to be appropriated for fiscal year 2000 for the use of the Armed Forces of the United States and other activities and agencies of the Department of Defense, for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:
(1) For the Army, $18,660,994,000.
(2) For the Navy, $22,238,715,000.
(3) For the Marine Corps, $2,558,929,000.
(4) For the Air Force, $20,363,203,000.
(5) For Defense-wide activities, $11,419,233,000.
(6) For the Army Reserve, $1,369,213,000.
(7) For the Naval Reserve, $917,647,000.
(8) For the Marine Corps Reserve, $123,266,000.
(9) For the Air Force Reserve, $1,728,437,000.
(10) For the Army National Guard, $2,903,549,000.
(11) For the Air National Guard, $3,099,618,000.
(12) For the Defense Inspector General, $138,744,000.
(13) For the United States Court of Appeals for the Armed Forces, $7,621,000.
(14) For Environmental Restoration, Army, $378,170,000.
(15) For Environmental Restoration, Navy, $284,000,000.
(16) For Environmental Restoration, Air Force, $376,800,000.
(17) For Environmental Restoration, Defense-wide, $25,370,000.
(18) For Environmental Restoration, Formerly Used Defense Sites, $199,214,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid, $55,800,000.
(20) For Drug Interdiction and Counter-drug Activities, Defense-wide, $788,100,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and Environmental Restoration Trust Fund, $15,000,000.
(22) For the Defense Health Program, $10,477,687,000.
(23) For Cooperative Threat Reduction Programs, $475,500,000.
(24) For the Overseas Contingency Operations Transfer Fund, $2,387,600,000.
(25) For Quality of Life Enhancements, Defense, $1,845,370,000.
(b) FISCAL YEAR 2001- Funds are hereby authorized to be appropriated for fiscal year 2001 for the use of the Armed Forces of the United States and other activities and agencies of the Department of Defense, for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:
(1) For the Army, $19,198,842,000.
(2) For the Navy, $22,392,156,000.
(3) For the Marine Corps, $2,694,578,000.
(4) For the Air Force, $21,917,426,000.
(5) For the Defense Agencies, $11,421,023,000.
(6) For the Army Reserve, $1,481,540,000.
(7) For the Naval Reserve, $888,701,000.
(8) For the Marine Corps Reserve, $129,890,000.
(9) For the Air Force Reserve, $1,784,073,000.
(10) For the Army National Guard, $3,042,568,000.
(11) For the Air National Guard, $3,251,166,000.
(12) For the Defense Inspector General, $144,375,000.
(13) For the United States Court of Appeals for the Armed Forces, $7,894,000.
(14) For Environmental Restoration, Army, $382,890,000.
(15) For Environmental Restoration, Navy, $296,000,000.
(16) For Environmental Restoration, Air Force, $379,300,000.
(17) For Environmental Restoration, Defense-wide, $23,412,000.
(18) For Environmental Restoration, Formerly Used Defense Sites, $187,499,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid, $64,900,000.
(20) For Drug Interdiction and Counter-drug Activities, Defense-wide, $769,600,000.
(21) For the Defense Health Program, $10,908,030,000.
(22) For Cooperative Threat Reduction Programs, $501,000,000.
(23) For the Overseas Contingency Operations Transfer Fund, $1,295,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
(a) FISCAL YEAR 2000- Funds are hereby authorized to be appropriated for fiscal year 2000 for the use of the Armed Forces of the United States and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $90,344,000.
(2) For the National Defense Sealift Fund, $354,700,000.
(b) FISCAL YEAR 2001- Funds are hereby authorized to be appropriated for fiscal year 2001 for the use of the Armed Forces of the United States and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, in amounts as follows:
(1) For the Defense Working Capital Funds, $390,408,000.
(2) For the National Defense Sealift Fund, $377,600,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated from the Armed Forces Retirement Home Trust Fund for the operation of the Armed Forces Retirement Home, including the United States Soldiers' and Airmens' Home and the Naval Home, as follows:
(1) $68,295,000 for fiscal year 2000.
(2) $68,000,000 for fiscal year 2001.
SEC. 304. TRANSFER FROM THE NATIONAL DEFENSE STOCKPILE TRANSACTION FUND.
(a) TRANSFER AUTHORITY- To the extent provided in appropriations Acts:
(1) Not more than $150,000,000 is authorized to be transferred from the National Defense Stockpile Transaction Fund to operation and maintenance accounts for fiscal year 2000 in amounts as follows:
(A) For the Army, $50,000,000.
(B) For the Navy, $50,000,000.
(C) For the Air Force, $50,000,000.
(2) Revenue over $393,500,000 from Fiscal Year 2000 National Defense Stockpile Sales is authorized to be transferred from the National Defense Stockpile Transaction Fund to Defense Working Capital Funds to finance the cost of operations of the Defense Reutilization and Marketing Service.
(b) TREATMENT OF TRANSFERS- Amounts transferred under this section--
(1) shall be merged with, and be available for the same purposes and the same period as, the amounts in the accounts to which transferred; and
(2) may not be expended for an item that has been denied authorization of appropriations by Congress.
SEC. 305. AUTHORITY TO FUND INSPECTOR EXPENSES FROM THE ORGANIZATION FOR THE PROHIBITION OF CHEMICAL WEAPONS.
(a) IN GENERAL- Subchapter II of Chapter 138, title 10, United States Code, is amended by adding at the end the following new section:
`Sec. 2350l. Expenses of inspectors from the Organization for the Prohibition of Chemical Weapons
`(a) The Secretary of Defense, subject to subsection (b), may pay the expenses of international inspectors from the Technical Secretariat of the Organization for the Prohibition of Chemical Weapons.
`(b) For expenses to qualify under subsection (a), they must be related to the conduct of the inspection and continuous monitoring of Department of Defense sites (including United States Government contractor and former contractor sites) performed under the Chemical Weapons Convention. Such expenses may include the following--
`(1) salary costs for performance of inspection and monitoring duties;
`(2) travel, to include travel to and from the point of entry into the United States and internal United States travel;
`(3) per diem, not to exceed United Nations rates and to be in compliance with United Nations conditions for per diem for that organization; and
`(4) expenses for operations and maintenance of inspection and monitoring equipment.
`(c) The Secretary of Defense may pay the expenses authorized under this section in advance and may pay such expenses on a calendar year basis.'.
(b) CLERICAL AMENDMENT- The table of section for such Subchapter II is amended by adding at the end the following new item:
`23501. Expenses of inspectors from the Organization for the Prohibition of Chemical Weapons.'.
TITLE IV--PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
(a) FISCAL YEAR 2000- The Armed Forces are authorized strengths for active duty personnel as of September 30, 2000, as follows:
(3) The Marine Corps, 172,148.
(4) The Air Force, 360,877.
(b) FISCAL YEAR 2001- The Armed Forces are authorized strengths for active duty personnel as of September 30, 2001, as follows:
(3) The Marine Corps, 171,989.
(4) The Air Force, 354,366.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) FISCAL YEAR 2000- The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2000, as follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 90,288.
(4) The Marine Corps Reserve, 39,624.
(5) The Air National Guard of the United States, 106,678.
(6) The Air Force Reserve, 73,708.
(7) The Coast Guard Reserve, 7,600.
(b) FISCAL YEAR 2001- The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2001, as follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 89,594.
(4) The Marine Corps Reserve 39,467.
(5) The Air National Guard of the United States, 106,663.
(6) The Air Force Reserve, 73, 932.
(7) The Coast Guard Reserve, 7,600.
(c) WAIVER AUTHORITY- The Secretary of Defense may vary the end strength authorized by subsection (a) or subsection (b) by not more than 2 percent.
(d) ADJUSTMENTS- The end strengths prescribed by subsection (a) or (b) for the Selected Reserve of any reserve component shall be proportionately reduced by--
(1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year, and
(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.
Whenever such units or such individual members are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be proportionately increased by the total authorized strengths of such units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
(a) FISCAL YEAR 2000- Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2000, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 21,807.
(2) The Army Reserve, 12,804.
(3) The Naval Reserve, 15,010.
(4) The Marine Corps Reserve, 2,272.
(5) The Air National Guard of the United States, 11,091.
(6) The Air Force Reserve, 1,078.
(b) FISCAL YEAR 2001- Within the end strengths prescribed in section 411(b), the reserve components of the Armed Forces are authorized, as of September 30, 2001, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 21,807.
(2) The Army Reserve, 12,804.
(3) The Naval Reserve, 14,769.
(4) The Marine Corps Reserve, 2,203.
(5) The Air National Guard of the United States, 11,041.
(6) The Air Force Reserve, 1,078.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
(a) FISCAL YEAR 2000- The minimum number of military technicians (dual status) as of the last day of fiscal year 2000 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:
(1) For the Army Reserve, 5,179.
(2) For the Army National Guard of the United States, 21,361.
(3) For the Air Force Reserve, 9,785.
(4) For the Air National Guard of the United States, 22,247.
(b) FISCAL YEAR 2001- The minimum number of military technicians (dual status) as of the last day of fiscal year 2001 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:
(1) For the Army Reserve, 5,344.
(2) For the Army National Guard of the United States, 21,465.
(3) For the Air Force Reserve, 9,703.
(4) For the Air National Guard of the United States, 22,137.
SEC. 414. END STRENGTHS FOR MILITARY TECHNICIANS (NON-DUAL STATUS).
(a) FISCAL YEAR 2000- The Reserve components of the Army and the Air Force are authorized a maximum strength for non-dual status technicians as of September 30, 2000, as follows:
(1) For the Army Reserve, 1,295.
(2) For the Army National Guard of the United States, 1,800.
(3) For the Air Force Reserve, 342.
(4) For the Air National Guard of the United States, 342.
(b) FISCAL YEAR 2001- The Reserve components of the Army and the Air Force are authorized a maximum strength for non-dual status technicians as of September 30, 2001, as follows:
(1) For the Army Reserve, 1,100.
(2) For the Army National Guard of the United States, 1,636.
(3) For the Air Force Reserve, 342.
(4) For the Air National Guard of the United States, 342.
SEC. 415. INCREASE IN NUMBER OF MEMBERS IN CERTAIN GRADES AUTHORIZED TO SERVE ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
(a) OFFICERS- The table in section 12011(a) of title 10, United States Code, is amended to read as follows:
-------------------------------------------------------------------
Grade Army Navy Air Force Marine Corps
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Major or Lieutenant Commander 3,219 1,071 843 140
Lieutenant Colonel or Commander 1,595 520 746 90
Colonel or Navy Captain 471 188 297 30
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(b) SENIOR ENLISTED MEMBERS- The table in section 12012(a) of title 10, United States Code, is amended to read as follows:
----------------------------------------
Grade Army Navy Air Force Marine Corps
----------------------------------------
E-9 645 202 403 20
E-8 2,585 429 1,029 94
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Subtitle C--End and Grade Strength Management
SEC. 416. PERMANENT END STRENGTH LEVELS TO SUPPORT TWO MAJOR REGIONAL CONTINGENCIES.
Section 691(c), title 10, United States Code, that requires the Armed Forces to fund military end strength at a minimum level as described in subsection 691(b), is amended to read as follows:
`(c) No funds appropriated to the Department of Defense may be used to implement a reduction of the active duty end strength for any of the armed forces for any fiscal year below the level specified in subsection (b) unless the Secretary of Defense submits to Congress notice of the proposed lower end strength levels and a justification for those levels. This justification can be submitted concurrent with annual budget submissions.'.
SEC. 417. PERMANENT SELECTED RESERVE END STRENGTH WAIVER AUTHORITY.
Section 115(c) of title 10, United States Code, is amended--
(1) by striking the `and' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and inserting in lieu thereof `; and' and;
(3) by adding at the end the following new paragraph:
`(3) increase the end strength authorized pursuant to section (a)(2) for a fiscal year for any of the armed forces by a number equal to not more than 2 percent of that end strength.'.
SEC. 418. SENIOR JOINT OFFICER POSITIONS EXEMPTED FROM NUMERICAL LIMITATIONS; PERMANENT AUTHORITIES.
(a) PERMANENT EXEMPTION AUTHORITY- Paragraph (5) of section 525(b) of title 10, United States Code, is amended by striking subparagraph (C).
(b) PERMANENT REQUIREMENT FOR MILITARY DEPARTMENT SUBMISSIONS FOR CERTAIN JOINT DUTY- Section 604 of such title 10 is amended by striking subsection (c).
SEC. 419. AIR FORCE OFFICER AUTHORIZATIONS.
Section 525 of title 10, United States Code, is amended by adding the following new subsection:
`(e)(1) At any time that an officer of an armed force other than the Air Force fills the position of Commander in Chief, United States Transportation Command, an officer while filling the position of Commander, Air Mobility Command, if serving in the grade of general, is in addition to the number that would otherwise be permitted for the Air Force for officers serving on active duty in grades above major general under subsection (b)(1).
`(2) At any time that an officer of an armed force other than the Air Force fills the position of Commander in Chief, United States Space Command, an officer while filling the position of Commander, Air Force Space Command, if serving in the grade of general, is in addition to the number that would otherwise be permitted for the Air Force for officers serving on active duty in the grades above major general under subsection (b)(1).'.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. OFFICERS ELIGIBLE TO SERVE ON BOARDS OF INQUIRY.
(a) AUTHORIZATION FOR ACTIVE DUTY OFFICERS IN PAY GRADES OF LIEUTENANT COLONEL OR COMMANDER TO SERVE ON BOARDS OF INQUIRY- Section 1187(a)(2), of title 10, United States Code, is amended--
(1) by striking from the first sentence `in a grade above lieutenant colonel or commander'; and
(2) by inserting, immediately after the first sentence, the following two sentences: `Further, at least one member of a board must be in a grade above lieutenant colonel or commander. The remaining members of a board must be in a grade above major or lieutenant commander.'.
(b) AUTHORIZATION FOR RETIRED OFFICERS IN PAY GRADES OF LIEUTENANT COLONEL OR COMMANDER TO SERVE ON BOARDS OF INQUIRY- Section 1187(a)(3) of title 10, United States Code, is amended--
(1) by striking from the first sentence, `above lieutenant colonel or commander and whose retired grade is'; and
(2) by inserting, immediately after the first sentence, the following two sentences: `Further, at least one member of a board must be in a grade above lieutenant colonel or commander. The remaining members of a board must be in a grade above major or lieutenant commander.'.
(c) AUTHORIZATION FOR OFFICERS IN PAY GRADES OF LIEUTENANT COLONEL OR COMMANDER TO SERVE ON BOARDS OF INQUIRY CONVENED UNDER CHAPTER 1411 OF TITLE 10- Section 14906(a)(2) of title 10, United States Code, is amended--
(1) by striking from the first sentence `holds a grade above lieutenant colonel or commander and'; and
(2) by inserting, immediately after the first sentence, the following two sentences: `Further, at least one member of a board must be in a grade above lieutenant colonel or commander. The remaining members of a board must be in a grade above major or lieutenant commander.'.
SEC. 502. CLARIFICATION OF SELECTION PROCEDURES FOR THE JUDGE ADVOCATES GENERAL AND THE ASSISTANT/DEPUTY JUDGE ADVOCATES GENERAL OF THE MILITARY DEPARTMENTS AND THE STAFF JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE CORPS.
(a) ARMY- Section 3037(d) of title 10, United States Code, is amended by adding at the end the following new sentence: `The Secretary of the Army shall specify the number of officers, not fewer than three nor more than five for each position to be filled, to be recommended.'.
(1) THE JUDGE ADVOCATE GENERAL- Section 5148(c) of such title 10 is amended by adding at the end the following new sentence: `The Secretary of the Navy shall specify the number of officers, not fewer than three nor more than five for each position to be filled, to be recommended.';
(2) THE DEPUTY JUDGE ADVOCATE GENERAL- Section 5149(a)(2) of such title 10 is amended by adding at the end the following new sentence: `The Secretary of the Navy shall specify the number of officers, not fewer than three nor more than five for each position to be filled, to be recommended.'; and
(3) THE STAFF JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE CORPS- Section 5046(b) of such title 10 is amended by adding at the end the following new sentence: `The Secretary of the Navy shall specify the number of officers, not fewer than three nor more than five for each position to be filled, to be recommended.'.
(c) AIR FORCE- Section 8037(e) of such title 10 is amended by adding at the end the following new sentence: `The Secretary of the Air Force shall specify the number of officers, not fewer than three nor more than five for each position to be filled, to be recommended.'.
SEC. 503. TENURE REQUIREMENT FOR CRITICAL ACQUISITION POSITIONS.
Section 1734(a) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking `critical acquisition position' and inserting in lieu thereof `program manager or deputy program manager position for a significant nonmajor defense acquisition program, program executive officer position, general or flag officer position or civilian position equivalent thereto, or senior contracting official position'; and
(2) in paragraph (2), by striking `critical acquisition position' and inserting in lieu thereof `program manager or deputy program manager position for a significant nonmajor defense acquisition program, program executive officer position, general or flag officer position or civilian position equivalent thereto, or senior contracting official position'.
SEC. 504. RECOMMENDATIONS FOR PROMOTION BY SELECTION BOARDS.
Section 575(b)(2) of title 10, United States Code, is amended by adding at the end the following new sentence: `If the number determined under this subsection within a grade (or grade and competitive category) is less than one, the board may recommend one such officer from within that grade (or grade and competitive category).'.
Subtitle B--Matters Relating to Reserve Components
SEC. 510. CONTINUATION ON RESERVE ACTIVE STATUS LIST TO COMPLETE DISCIPLINARY ACTION.
(a) IN GENERAL- Chapter 1407 of title 10, United States Code, is amended by adding at the end the following new section:
`Sec. 14518. Continuation on reserve active status list to complete disciplinary action
`When any action has been commenced against a Reserve officer with a view to trying the officer by court-martial, as authorized by section 802(d) of this title, the Secretary concerned may delay the separation or retirement of the Reserve officer under the provisions of this chapter until the completion of the disciplinary action under the provisions of chapter 47 of this title.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter 1407 is amended by adding at the end:
`14518. Continuation on reserve active status list to complete disciplinary action.'.
SEC. 511. AUTHORITY TO ORDER RESERVE COMPONENT MEMBERS TO ACTIVE DUTY TO COMPLETE A MEDICAL EVALUATION.
Section 12301 of title 10, United States Code, is amended by adding at the end the following new subsection:
`(h) When authorized by the Secretary of Defense, a Secretary concerned may order a member of a reserve component to active duty, with the consent of that member, to complete a required Department of Defense health care study, to include an associated medical evaluation of the member. A member ordered to active duty under this subsection may be retained with the member's consent, when the Secretary concerned deems it appropriate, for medical treatment for a condition associated with such study or evaluation, provided such treatment of the member otherwise is authorized by law. A member of the Army National Guard of the United States or of the Air National Guard of the United States may not be ordered to active duty under this subsection without the consent of the Governor or other appropriate authority of the State concerned.'.
SEC. 512. ELIGIBILITY FOR CONSIDERATION FOR PROMOTION: GENERAL RULES.
(a) AMENDMENT- Section 14301 of title 10, United States Code, is amended by adding the following new subsection at the end:
`(h) OFFICERS ON EDUCATIONAL DELAY- A Reserve officer serving in an educational delay status for the purpose of attending an approved institution of higher education for advanced training, subsidized by the military department concerned in the form of a scholarship or stipend, is ineligible for consideration for promotion while in such status. The officer shall remain on the Reserve active status list of the military department concerned while in such an educational delay status.'.
(b) RETROACTIVE EFFECT- The Secretary concerned, upon a proper application, shall expunge from the record of any officer a nonselection for promotion if the nonselection occurred during a period the officer was serving in an educational delay status that occurred between
the first day of October 1996 and the effective date of this Act.
SEC. 513. RETENTION OF CERTAIN RESERVE COMPONENT OFFICERS WHO TWICE FAILED SELECTION FOR PROMOTION.
Section 14506 of title 10, United States Code, is amended to read as follows:
`Unless retained as provided in section 12646, 12686, 14701, or 14702 of this title, each Reserve officer of the Army, Navy, Air Force, or Marine Corps who holds the grade of major or lieutenant commander who has failed of selection to the next higher grade for the second time and whose name is not on a list of officers recommended for promotion to the next higher grade shall, if not earlier removed from the Reserve active status list, be removed from that list in accordance with section 14513 of this title on the later of--
`(1) the first day of the month after the month in which the officer completes 20 years of commissioned service, or
`(2) the first day of the seventh month after the month in which the President approves the report of the board which considered the officer for the second time.'.
SEC. 514. COMPUTATION OF YEARS OF SERVICE EXCLUSION.
Section 14706 of title 10, United States Code, is amended to read as follows:
`For the purpose of this chapter and chapter 1407 of this title, a Reserve officer's years of service include all service of the officer as a commissioned officer of any uniformed service other than--
`(1) service as a warrant officer;
`(2) constructive service; and
`(3) service after appointment as a commissioned officer of a Reserve component while in a program of advanced education to obtain the first professional degree required for appointment, designation, or assignment as an officer in the Medical Corps, the Dental Corps, the Veterinary Corps, the Medical Service Corps, the Nurse Corps, the Army Medical Specialists Corps, or an officer designated as a chaplain or judge advocate, provided such service occurs before the officer commences initial service on active duty or initial service in the Ready Reserve in the specialty that results from such a degree. This exclusion does not apply to service performed by an officer who previously served on active duty or participated as a member of the Ready Reserve in other than a student status.'.
SEC. 515. AUTHORITY TO RETAIN RESERVE COMPONENT CHAPLAINS UNTIL AGE 67.
Section 14703(b) of title 10, United States Code, is amended by striking `(or, in the case of a Reserve officer of the Army in the Chaplains or a Reserve officer of the Air Force designated as a chaplain, 60 years of age)'.
SEC. 516. SPACE REQUIRED TRAVEL FOR RESERVES; EXPANSION AND CODIFICATION.
(a) CODIFICATION- Section 8023 of such Department of Defense Appropriations Act, 1999 is codified by amending chapter 1209 of title 10 to add at the end the following new section 12323:
`Sec. 12323. Space required travel for reserves
`A member of a Reserve component is authorized to travel in a space required status on aircraft of the Armed Forces between home and place of inactive duty training, or place of duty in lieu of unit training assembly, when there is no road or railroad transportation (or combination of road and railroad transportation) between those locations: Provided, That a member traveling in that status on a military aircraft pursuant to the authority provided in this section is not authorized to receive travel, transportation, or per diem allowances in connection with that travel.'.
(b) CLERICAL- The table of sections for chapter 1209 of such title 10 is amended by adding at the end the following new item:
`12323. Space required travel for reserves.'.
SEC. 517. CONFORMING AMENDMENT TO AUTHORIZE RESERVE OFFICERS AND RETIRED REGULAR OFFICERS TO HOLD A CIVIL OFFICE WHILE SERVING ON ACTIVE DUTY FOR NOT MORE THAN 270 DAYS.
Section 973(b)(1) of title 10, United States Code, is amended--
(1) in subparagraph (B), by striking `180 days' and inserting in lieu thereof `270 days'; and
(2) in subparagraph (C), by striking `180 days' and inserting in lieu thereof `270 days'.
SEC. 518. CLERICAL AMENDMENT RELATING TO RETIRED PAY FOR NONREGULAR SERVICE.
Section 1370(d)(1) of title 10, United States Code, is amended by striking `chapter 1225' and inserting in lieu thereof `chapter 1223'.
Subtitle C--Military Education and Training
SEC. 520. TO MAKE PERMANENT THE EXPANSION OF ROTC PROGRAM TO INCLUDE GRADUATE STUDENTS.
(a) MAKING PERMANENT THE ROTC GRADUATE PROGRAM- Section 2107(c)(2) of title 10, United States Code, is amended to read as follows:
`(2) The Secretary concerned may provide financial assistance, as described in paragraph (1), to a student enrolled in an advanced education program beyond the baccalaureate degree level provided the student also is a cadet or midshipman in an advanced training program. Not more than 15 percent of the total number of scholarships awarded under this section in any year may be awarded under the program.'.
(b) AUTHORITY TO ENROLL IN ADVANCED TRAINING PROGRAM- Section 2101(3) of title 10, United States Code, a definition for `advanced training,' is amended by inserting `students enrolled in an advanced education program beyond the baccalaureate degree level or to' after `instruction offered in the Senior Reserve Officers' Training Corps to'.
SEC. 521. CORRECTION OF RESERVE CREDIT FOR PARTICIPATION IN HEALTH PROFESSIONAL SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM.
Section 2126(b) of title 10, United States Code, is amended--
(1) by revising paragraph (2) to read as follows:
`(2) Service credited under paragraph (1) counts only for the award of retirement points for computation of years of service under section 12732 of this title and for computation of retired pay under section 12733 of this title.';
(2) in paragraph (3) by striking `paragraph (2)(A), a member' and inserting in lieu thereof `paragraph (2), a member who completes a satisfactory year of service in the Selected Reserve';
(3) by redesignating paragraph (5) as paragraph (6); and
(4) by inserting after paragraph (4) the following new paragraph (5):
`(5) A member of the Selected Reserve who is awarded points or service credit under this subsection shall not be considered to have been in an active status, by reason of the award of the points or credit, while pursuing a course of study under this subchapter for purposes of any provision of law other than sections 12732(a) and 12733(3) of this title.'.
SEC. 522. PAYMENT OF TUITION FOR OFF-DUTY TRAINING OR EDUCATION.
Section 1745 of title 10, United States Code, is amended by adding at the end the following new sentence:
`Notwithstanding the 75% limitation of section 2007(a) of this title, such tuition reimbursement and training authorized by this section may be for the full amount of tuition expenses and training incurred.'.
SEC. 523. DEAN OF ACADEMIC BOARD, UNITED STATES MILITARY ACADEMY AND DEAN OF THE FACULTY; UNITED STATES AIR FORCE ACADEMY.
(a) DEAN OF THE ACADEMIC BOARD, USMA- Section 4335(b) of title 10, United States Code, is amended by adding at the end the following sentence:
`When the position is filled by an officer of the Army, the Dean has the grade of brigadier general while serving as such, with the benefits authorized for regular brigadier generals of the Army, if appointed to that grade by the President, by and with the advice and consent of the Senate. However, the retirement age of an officer so appointed is that of a permanent professor of the Academy.'.
(b) DEAN OF THE FACULTY, USAFA- Section 9335 of title 10, United States Code, is amended as follows:
(1) by inserting the designator (a) in front of the existing matter; and
(2) by inserting after the newly designated subsection (a), the following:
`(b) When the position is filled by an officer of the Air Force, that officer has the grade of brigadier general, if appointed to that grade by the President, by and with the advice and consent of the Senate. While serving as dean that officer is entitled to benefits authorized for regular brigadier generals of the Air Force. The retirement age of an officer so appointed is that of a permanent professor of the Academy.'.
SEC. 524. UNITED STATES ARMY WAR COLLEGE MASTER OF STRATEGIC STUDIES DEGREE.
(a) AUTHORITY FOR DEGREE- Chapter 401 of title 10, United States Code, is amended by adding at the end the following new section:
Sec. 4319. United States Army War College: master of strategic studies degree
`Under regulations prescribed by the Secretary of the Army, the Commandant of the United States Army War College, upon the recommendation of the faculty and Dean of the College, may confer the degree of master of strategic studies upon graduates of the College who fulfill the requirements for the degree.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
`4319. United States Army War College: master of strategic studies degree.'.
SEC. 525. AIR UNIVERSITY: GRADUATE-LEVEL DEGREES.
(a) IN GENERAL- Section 9317(a) of title 10, United States Code, is amended to read as follows:
`(a) AUTHORITY- Upon recommendation of the faculty of the appropriate school, the Commander of the Air University may confer the degrees of--
`(1) master of strategic studies upon graduates of the Air War College who fulfill the requirements for that degree;
`(2) master of military operational art and science upon graduates of the Air Command and Staff College who fulfill the requirements for that degree; and
`(3) master of airpower art and science upon graduates of the School of Advanced Air power Studies who fulfill the requirements for that degree.'.
(b) CLERICAL AMENDMENTS- (1) The catchline for such section 9317 is amended to read:
`Sec. 9317. Air University: graduate-level degrees'.
(2) The table of sections for chapter 901 of such title 10 is amended by amending the item relating to section 9317 to read:
`9317. Air University: graduate-level degrees.'.
SEC. 526. FINANCIAL ASSISTANCE PROGRAM FOR SPECIALLY SELECTED MEMBERS: MARINE CORPS RESERVE.
(a) IN GENERAL- Chapter 1205 of title 10, United States Code, is amended by adding at the end the following new section:
`Sec. 12216. Financial assistance for members of the platoon leader's class program
`(a) The Secretary of the Navy may provide payment of not more than $5,200 per year for a period not to exceed three consecutive years of educational expenses to eligible enlisted members of the Marine Corps Reserve for completion of--
`(1) baccalaureate degree requirements in an approved academic program that requires less than five academic years to complete, including tuition, fees, and books, and laboratory expenses; or
`(2) doctor of jurisprudence or bachelor of laws degree requirements in an approved academic program which requires not more than three years to complete, including tuition, fees, and books.
`(b) To be eligible for receipt of educational expenses as authorized by subsection (a), an enlisted member of the Marine Corps Reserve must--
`(A) be under 27 years of age on June 30 of the calendar year in which the member is eligible for appointment as a second lieutenant in the Marine Corps for such persons in a baccalaureate degree program described in subsection (a)(1), except that any such member who has served on active duty in the armed forces may exceed such age limitation on such date by a period equal to the period such member served on active duty, but only if such member will be under 30 years of age on such date; or
`(B) be under 31 years of age on June 30 of the calendar year in which the member is eligible for appointment as a second lieutenant in the Marine Corps for such persons in a doctor of jurisprudence or bachelor of laws degree program described in subsection (a)(2), except that any such member who has served on active duty in the armed forces may exceed such age limitation on such date by a period equal to the period such member served on active duty, but only if such member will be under 35 years of age on such date;
`(2) be satisfactorily enrolled at any accredited civilian educational institution authorized to grant baccalaureate, doctor of jurisprudence or bachelor of law degrees;
`(3) be selected as an officer candidate in the Marine Corps Platoon Leader's Class Program and successfully completes one increment of military training of not less than six weeks' duration; and
`(A) to accept an appointment as a commissioned officer in the Marine Corps, if tendered by the President;
`(B) to serve on active duty for a minimum of five years; and
`(C) under such terms and conditions as shall be prescribed by the Secretary of the Navy, to serve in the Marine Corps Reserve until the eighth anniversary of the receipt of such appointment.
`(c) Upon satisfactorily completing the academic and military requirements of the Marine Corps Platoon Leaders Class Program, an officer candidate may be appointed by the President as a Reserve officer in the Marine Corps in the grade of second lieutenant.
`(d) Not more than 1,200 officer candidates may participate in the financial assistance program authorized by this section at any one time.
`(e) An officer candidate may be ordered to active duty in the Marine Corps by the Secretary of the Navy to serve in an appropriate enlisted grade for such period of time as the Secretary of the Navy prescribes, but not for more than four years, when such person--
`(1) accepted financial assistance; and
`(A) completes the military and academic requirements of the Marine Corps Platoon Leaders Class Program and refuses to accept a commission when offered;
`(B) fails to complete the military or academic requirements of the Marine Corps Platoon Leaders Class Program; or
`(C) is disenrolled from the Marine Corps Platoon Leaders Class Program for failure to maintain eligibility for an original appointment as a commissioned officer under section 532 of this title.
Except under regulations prescribed by the Secretary of the Navy, such persons who are not physically qualified for appointment under section 532 and subsequently are determined by the Secretary of the Navy under section 505 of this title to be unqualified for service as an enlisted person in the Marine Corps due to a physical or medical condition that was not the result of misconduct or grossly negligent conduct may request a waiver of obligated service of such financial assistance.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of Chapter 1205 of such title 10 is amended by inserting after the item relating to section 12215 the following:
`12216. Financial assistance for members of the platoon leader's class program.'.
(c) COMPUTATION: SERVICE CREDITABLE- Section 205 of title 37, United States Code, is amended by adding at the end the following new subsection:
`(f) Notwithstanding subsection (a), a commissioned officer appointed under sections 12209 and 12216 of title 10 may not count in computing basic pay a period of service after January 1, 2000, that the officer performed concurrently as a member of the Marine Corps Platoon Leaders Class Program and the Marine Corps Reserve, except that service after this date that such officer performed prior to commissioning while serving as an enlisted member on active duty or as a member of the selected Reserve may be so counted.'.
(d) TRANSITION PROVISION- Enlisted members of the Marine Corps Reserve selected for training as officer candidates under section 12209 of title 10, United States Code, prior to October 1, 2000 may, upon their application, participate in the financial assistance program established in subsection (a) if--
(1) such person is eligible for financial assistance under the qualification requirements of subsection (a);
(2) requests such financial assistance to the Secretary of the Navy not later than 180 days after the enactment of this amendment; and
(3) agrees in writing to accept an appointment, if offered in the Marine Corps Reserve, and to comply with the length of obligated service provisions in subsection (a)(2)(D). In computing length of service for any purpose, a person who requests financial assistance may not be credited with service either as an officer candidate or concurrent enlisted service, other than concurrent enlisted service while serving on active duty other than for training while a member of the Marine Corps Reserve.
Subtitle D--Uniform Code of Military Justice
SEC. 530. INCREASE IN JURISDICTION OF SPECIAL COURTS-MARTIAL TO AUTHORIZE IMPOSITION OF SENTENCE TO CONFINEMENT AND FORFEITURES OF PAY OF NOT MORE THAN ONE YEAR.
(a) INCREASE IN JURISDICTION- Section 819 of title 10, United States Code (article 19 of the Uniform Code of Military Justice), is amended by striking `six months' each place it appears and inserting in lieu thereof `one year'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on the first day of the sixth month following the month in which it is enacted, except that this amendment shall apply only to those charges subsequently referred to trial by special court-martial.
SEC. 531. REVISION TO MEASUREMENT OF BREATH AND BLOOD ALCOHOL FOR PURPOSES OF DETERMINING THE OFFENSE OF DRUNKEN OPERATION OF A VEHICLE, AIRCRAFT, OR VESSEL.
(a) STANDARD FOR DRUNKENNESS- Section 911(2) of title 10, United States Code (article 111 of the Uniform Code of Military Justice), is amended by striking `0.10 grams' each place it appears and inserting in lieu thereof `0.08 grams'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on the date of enactment of this Act and shall apply with respect to offenses committed on or after that date.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2000.
(a) WAIVER OF SECTION 1009 ADJUSTMENT- Except as provided in subsection (b), the adjustment to become effective during fiscal year 2000 required by section 1009 of title 37, United States Code, in the rate of monthly basic pay authorized members of the uniformed services by section 203(a) of such title shall not be made.
(b) INCREASE IN BASIC PAY- Effective on January 1, 2000, the rates of basic pay of members of the uniformed services shall be increased by 4.4 percent.
(c) CHANGE IN BASIC PAY TABLES- Effective July 1, 2000, the rates of monthly basic pay for members of the uniformed services are as follows:
COMMISSIONED OFFICERS 1 2 3
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Pay grade Years of service computed under section 205 of title 37, United States Code
2 3 4 6 8 10 12 14 16 18 20 22 24 26
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O-10 2 0.0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10614.30 10666.80 10888.80 11275.20
O-9 0.0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 9283.80 9417.60 9611.10 9948.30
O-8 656 6784.50 6926.40 6966.60 7148.40 7443.00 7512.30 7794.60 7876.20 8119.20 8471.40 8796.60 9013.50 9013.50 9013.50
O-7 545 5829.60 5829.60 5871.90 6091.20 6258.30 6451.20 6643.80 6837.00 7443.00 7955.10 7955.10 7955.10 7955.10 7995.30
O-6 404 4444.50 4736.10 4736.10 4754.40 4958.40 4985.70 4985.70 5152.50 5769.00 6063.00 6357.00 6524.10 6695.70 7024.20
O-5 323 3799.50 4062.30 4112.10 4276.20 4276.20 4404.90 4642.50 4953.60 5268.30 5415.30 5562.30 5731.80 5731.80 5731.80
O-4 272 3321.30 3542.70 3592.20 3798.60 3966.00 4236.90 4447.20 4593.60 4740.90 4791.60 4791.60 4791.60 4791.60 4791.60
O-3 3 253 2873.40 3100.80 3351.90 3512.40 3688.50 3835.50 4024.80 4123.20 4123.20 4123.20 4123.20 4123.20 4123.20 4123.20
O-2 3 221 2517.90 2899.80 2997.60 3059.40 3059.40 3059.40 3059.40 3059.40 3059.40 3059.40 3059.40 3059.40 3059.40 3059.40
O-1 3 191 1997.40 2413.80 2413.80 2413.80 2413.80 2413.80 2413.80 2413.80 2413.80 2413.80 2413.80 2413.80 2413.80 2413.80
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COMMISSIONED OFFICERS WITH OVER 4 YEARS ACTIVE DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER
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O-3E 0.0 0.00 0.00 3351.90 3512.40 3688.50 3835.50 4024.80 4184.40 4275.60 4402.50 4402.50 4402.50 4402.50 4402.50
O-2E 0.0 0.00 0.00 2997.60 3059.40 3156.30 3321.30 3448.20 3542.70 3542.70 3542.70 3542.70 3542.70 3542.70 3542.70
O-1E 0.0 0.00 0.00 2413.80 2578.50 2673.60 2770.50 2866.80 2997.60 2997.60 2997.60 2997.60 2997.60 2997.60 2997.60
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WARRANT OFFICERS
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W-5 0.0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4458.00 4611.00 4764.90 4918.50
W-4 258 2777.70 2857.80 2937.60 3071.70 3204.90 3337.50 3471.90 3608.40 3739.20 3873.30 4006.20 4139.70 4273.50 4410.30
W-3 234 2545.80 2545.80 2578.50 2684.10 2804.40 2962.80 3059.40 3164.70 3285.60 3405.60 3525.60 3645.60 3765.90 3886.20
W-2 205 2223.90 2223.90 2297.10 2413.80 2545.80 2642.40 2739.30 2833.50 2937.90 3044.70 3151.80 3258.60 3365.70 3365.70
W-1 171 1963.50 1963.50 2127.60 2223.90 2323.80 2424.00 2523.60 2624.10 2724.30 2824.20 2899.80 2899.80 2899.80 2899.80
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ENLISTED MEMBERS 4 5 6
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E-9 4 0.0 0.00 0.00 0.00 0.00 0.00 3003.90 3071.70 3157.80 3259.20 3360.30 3460.20 3595.50 3729.60 3900.90
E-8 0.0 0.00 0.00 0.00 0.00 2518.80 2591.70 2659.50 2741.10 2829.30 2921.40 3014.40 3149.10 3282.90 3471.90
E-7 175 1920.60 1993.20 2066.10 2139.60 2212.50 2285.40 2359.50 2430.90 2504.40 2577.30 2650.50 2776.80 2915.10 3122.40
E-6 151 1671.90 1746.00 1817.40 1892.70 1966.50 2040.30 2111.40 2184.00 2235.90 2274.60 2274.60 2274.60 2274.60 2274.60
E-5 132 1488.30 1560.90 1634.70 1708.50 1783.50 1855.20 1928.70 1929.00 1929.00 1929.00 1929.00 1929.00 1929.00 1929.00
E-4 123 1368.00 1441.80 1514.40 1587.90 1587.90 1587.90 1587.90 1587.90 1587.90 1587.90 1587.90 1587.90 1587.90 1587.90
E-3 116 1255.80 1329.00 1330.80 1330.80 1330.80 1330.80 1330.80 1330.80 1330.80 1330.80 1330.80 1330.80 1330.80 1330.80
E-2 112 1123.20 1123.20 1123.20 1123.20 1123.20 1123.20 1123.20 1123.20 1123.20 1123.20 1123.20 1123.20 1123.20 1123.20
E-1>4 5 100 1001.70 1001.70 1001.70 1001.70 1001.70 1001.70 1001.70 1001.70 1001.70 1001.70 1001.70 1001.70 1001.70 1001.70
E-1<4 6 926 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
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Subtitle B--Bonuses and Special and Incentive Pays
SEC. 610. ENLISTMENT BONUS INSTALLMENT.
Section 308a(a) of title 37, United States Code, is amended by changing the second sentence to read as follows: `Under regulations prescribed by the appropriate Secretary, the bonus may be paid in a single lump sum, or in periodic installments, to meet established career milestones that ensure terms of the initial contract are satisfied.'.
SEC. 611. ENLISTED BONUS AMOUNT.
Section 308a(a) of title 37, United States Code, is amended by striking out `$12,000' and inserting in lieu thereof `$20,000'.
SEC. 612. REENLISTMENT BONUS--MONTHS OF CONTINUOUS ACTIVE DUTY.
Section 308 of title 37, United States Code, is amended in clause (a)(1)(A), by striking out `twenty-one' and inserting in lieu thereof `seventeen'.
SEC. 613. REENLISTMENT BONUS; INCREASE IN STATUTORY MAXIMUM PAYABLE.
Section 308(a)(2) of title 37, United States Code, is amended--
(1) in clause (i) of subparagraph (A) by striking `ten' and inserting in lieu thereof `fifteen'; and
(2) in subparagraph (B) by striking `$45,000' and inserting in lieu thereof `$60,000'.
SEC. 614. RESERVE COMPONENT PRIOR SERVICE ENLISTMENT BONUS ELIGIBILITY FOR ATTAINING A CRITICAL SKILL.
Paragraph (2) of section 308i(a) of title 37, United States Code, is amended to read as follows:
`(2) A bonus may only be paid under this section to a person who meets each of the following requirements:
`(A) The person has completed that person's military service obligation but has less than 14 years of total military service.
`(B) The person has received an honorable discharge at the conclusion of military service.
`(C) The person is not being released from active service for the purpose of enlistment in a reserve component.
`(i) is projected to occupy a position as a member of the Selected Reserve in a specialty in which the person--
`(I) successfully served while a member on active duty; and
`(II) attained a level of qualification while a member on active duty commensurate with the grade and years of service of the member; or
`(ii) is occupying a position as a member of the Selected Reserve in a specialty in which the person--
`(I) has completed training or retraining in the specialty skill that is designated as critically short; and
`(II) has attained a level of qualification in the designated critically short specialty skill that is commensurate with the member's grade and years of service.
`(E) The person has not previously been paid a bonus (except under this section) for enlistment, reenlistment, or extension of enlistment in a reserve component.'.
SEC. 615. AVIATION CAREER INCENTIVE PAY FOR AIR BATTLE MANAGERS.
Section 301a of title 37, United States Code is amended by inserting after subparagraph 301a(b)(3) the following new subparagraph:
`(4) SAVE PAY PROVISION- An air battle manager entitled to incentive pay under section 301 of this title is entitled to either the rate authorized in subsection (b) of this section or the rate of incentive pay the member was receiving under section 301(c)(2)(A) of this title immediately prior to such entitlement under subsection (b), whichever is higher.'.
SEC. 616. DIVING DUTY SPECIAL PAY AND HAZARDOUS DUTY INCENTIVE PAY.
Section 304(c) of title 37, United States Code, is amended to read as follows:
`(c) A member may be paid special pay under this section and incentive pay under section 301 of this title for the same period of service for each hazardous duty described in section 301 of this title for which the member is qualified if the member is assigned by orders to such a hazardous duty or duties in addition to diving duty.'.
SEC. 617. CAREER ENLISTED FLYER INCENTIVE PAY.
(a) Chapter 5 of title 37, United States Code, is amended by inserting after section 301e the following new subsection 301f:
`Sec. 301f. Incentive pay: career enlisted flyers
`(a) PAY AUTHORIZED- An enlisted member described in subsection (b) may be paid career enlisted flyer incentive pay as authorized in this section.
`(b) ELIGIBLE MEMBERS- Under regulations prescribed by the Secretary concerned, an enlisted member of the Armed Forces who--
`(1) is entitled to basic pay under section 204 of this title, or is entitled to pay under section 206 of this title as described in subsection (e) of this section;
`(2) holds or is in training leading to qualification and designation of an enlisted military occupational specialty or enlisted military rating designated as a career enlisted flyer specialty or rating by the Secretary concerned;
`(3) is qualified for aviation service under regulations prescribed by the Secretary concerned; and
`(4) engages and remains in aviation service on a career basis;
is entitled to monthly incentive pay in the amount authorized by the Secretary concerned, not to exceed the monthly maximum amounts set forth in subsection (d). Eligible members may be entitled to continuous monthly incentive pay, or on a month-to-month basis, dependent upon the operational flying duty performed as prescribed in subsection (c). Entitlement to continuous monthly incentive pay ceases in all cases upon completion of 25 years of aviation service; thereafter, the member is entitled to monthly incentive pay under subsection (c)(3) for the frequent and regular performance of operational flying duty.
`(c) OPERATIONAL FLYING DUTY REQUIREMENTS- (1) A member must perform operational flying duties (as defined in subsection (f)) for 6 of the first 10, 9 of the first 15, and 14 of the first 20 years of aviation service, to be entitled to continuous monthly incentive pay.
`(2) Upon completion of 10, 15, or 20 years of aviation service, a member who has not performed the minimum required operational flying duties established in this subsection during the prescribed period loses the entitlement to continuous monthly incentive pay. For the needs of the Service, the Secretary concerned may permit, on a case-by-case basis, a member to continue to receive continuous monthly incentive pay despite the member's failure to perform the operational flying duty required during the first 10, 15, or 20 years of aviation service, but only if the member has performed at least 5 years of operational flying duties during the first 10 years of aviation service, 8 years of operational flying duties during the first 15 years of aviation service, or 12 years of operational flying duty during the first 20 years of aviation service. The Secretary concerned may delegate this authority, but not below the level of the Service Personnel Chief.
`(3) If entitlement to continuous monthly incentive pay ceases under subsection (b) or (2), a member eligible under subsection (b) (1) through (4) is entitled to month-to-month incentive pay for subsequent frequent and regular performance of operational flying duty. The rate payable is that authorized by the Secretary concerned under subsection (d) for a member of corresponding years of aviation service.
`(4) If entitlement to continuous monthly incentive pay ceases under subsection (2), entitlement to continuous incentive pay may resume if the member meets the minimum operational flying duty requirement upon completion of the next established period of aviation service.
`(d) MONTHLY MAXIMUM INCENTIVE PAY- A member who satisfies the requirements in subsections (b) and (c) may be paid month-to-month incentive pay as authorized by the Secretary concerned in amounts not to exceed the following:
Years of aviation service
Monthly rate
4 or less
--$150
Over 4
--225
Over 8
--350
Over 14
--400.
`(e) PAYMENT TO A MEMBER OF A RESERVE COMPONENT WHEN PERFORMING INACTIVE DUTY TRAINING- Under regulations of the Secretary concerned, when a member of a reserve component or the National Guard, entitled to compensation under section 206 of this title, meets the requirements described in subsections (b) and (c), the member is entitled to an increase in compensation equal to 1/30 of the monthly incentive pay authorized by the Secretary concerned under subsection (d) for a member of corresponding years of aviation service who is entitled to basic pay. Such member is entitled to the increase for as long as the member is qualified for it, for each regular period of instruction or period of appropriate duty, at which the member is engaged for at least two hours, or for the performance of such other equivalent training, instruction, duty or appropriate duties, as the Secretary may prescribe under section 206(a) of this title.
`(f) DEFINITIONS- In this section:
`(1) The term `aviation service' means service performed, under regulations prescribed by the Secretary concerned, by a designated career enlisted flyer.
`(2) The term `operational flying duty' means flying performed under competent orders while serving in assignments in which basic flying skills normally are maintained in the performance of assigned duties as determined by the Secretary concerned, and flying duty performed by members in training that leads to the award of an enlisted aviation rating or military occupational specialty designated as a career enlisted flyer rating or specialty by the Secretary concerned.
`(g) APPLICABILITY TO MEMBERS RECEIVING HAZARDOUS DUTY INCENTIVE PAY OR SPECIAL PAY FOR DIVING DUTY- A member receiving special pay under section 301(a) or section 304 of this title may not be paid special pay under this section for the same period of service.'.
(b) SAVE PAY PROVISION- In the case of a designated career enlisted flyer receiving incentive pay under section 301(b) or 301(c)(2)(A) of this title on the date immediately preceding enactment of this Act, the member is entitled to the higher of the monthly amount authorized under subsection (b) of this section, or the rate of incentive pay the member was receiving immediately preceding enactment of this Act under section 301(b) or 301(c)(2)(A) of this title.
(c) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 5 of title 37, United States Code, is amended by inserting immediately after the item referring to section 301e the following new item:
`301f. Incentive pay: career enlisted flyers.'.
SEC. 618. INCREASE TO DIVING DUTY SPECIAL PAY.
Section 304(b) of title 37, United States Code, is amended by striking out `$200' and `$300' and inserting in lieu thereof, respectively `$240' and `$340'.
SEC. 619. FOREIGN LANGUAGE PROFICIENCY PAY--INCREASE IN STATUTORY MAXIMUM PAYABLE.
Section 316(b) of title 37, United States Code, is amended by striking `$100' and inserting in lieu thereof `$300'.
SEC. 620. SURFACE WARFARE OFFICER CONTINUATION PAY.
(a) SPECIAL PAY: SURFACE WARFARE OFFICER CONTINUATION PAY- Chapter 5 of title 37, United States Code, is amended by inserting after section 301g the following new section:
`Sec. 301h. Special pay: surface warfare officer continuation pay
`(a) SPECIAL PAY AUTHORIZED- A surface warfare officer described in subsection (b) who executes a written agreement to remain on active duty to complete tours of duty to which the officer may be ordered as a department head afloat may, upon the acceptance of the agreement by the Secretary concerned, be paid a sum of money not to exceed the amount prescribed in subsection (c).
`(b) COVERED OFFICERS- A surface warfare officer referred to in subsection (a) is an officer of the Regular Navy or Naval Reserve on full-time active duty who--
`(1) is designated and serving as a surface warfare officer;
`(2) has been selected for assignment as a department head on a surface ship; and
`(3) has completed any service commitment incurred through the officer's original commissioning program.
`(c) AMOUNT PAYABLE- The amount payable under this section may not be more than a total of $50,000.
`(d) PRORATION- The term of an agreement under subsection (a) and the amount payable under subsection (c) may be prorated.
`(e) PAYMENT- Upon acceptance of an agreement under subsection (a) by the Secretary of the Navy, the total amount payable pursuant to the agreement becomes fixed. It may be paid either--
`(1) by a lump sum in the amount of half the total payable under the agreement at the time the agreement is accepted by the Secretary of the Navy followed by equal annual installments on the anniversary of acceptance of the agreement; or
`(2) in equal annual payments with the first payment payable at the time the agreement is accepted by the Secretary of the Navy, and subsequent payments on the anniversary of acceptance of the agreement.
`(f) ADDITIONAL PAY- Any amount paid under this section is in addition to any other pay and allowances to which an officer is entitled.
`(g) REPAYMENT- (1) If an officer who has entered into a written agreement under subsection (a) and has received all or part of a special pay under this section fails to complete the total period of active duty specified in the agreement, the Secretary of the Navy may require the officer to repay the United States, to the extent that the Secretary determines conditions and circumstances warrant, any or all sums paid under this section.
`(2) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owed to the United States.
`(3) A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement entered into under subsection (a) does not discharge the officer signing the agreement from a debt arising under such agreement or under paragraph (1).
`(h) REGULATIONS- The Secretary of the Navy shall prescribe regulations to carry out this section.'.
(b) CONFORMING AMENDMENT- The table of section at the beginning of chapter 5 of title 37, United States Code, is amended by inserting immediately after the item referring to section 301g the following new item:
`301h. Special pay: surface warfare officer continuation pay.'.
SEC. 621. AVIATION CAREER OFFICERS EXTENDING PERIOD OF ACTIVE DUTY.
Section 301b(c)(1) of title 37, United States Code, is amended as follows--
(1) in subsection (c) by amending paragraph (1) to read as follows:
`(1) $25,000 for each year covered by the written agreement, if the officer agrees to remain on active duty to complete 14 years of aviation service; or'; and
(2) by amending subsection (d) to read as follows:
`(d) PROBATION- The term of an agreement under subsection (a) and the amount of the bonus under subsection (c) may be prorated as long as such agreement does not extend beyond the date on which the officer making such agreement would complete 14 years of aviation service.'.
SEC. 622. SPECIAL WARFARE OFFICER CONTINUATION PAY.
(a) SPECIAL PAY: SPECIAL WARFARE OFFICER CONTINUATION PAY- Chapter 5 of title 37, United States Code, is amended by inserting after section 301f the following new section:
`Sec. 301g. Special pay: special warfare officer continuation pay
`(a) SPECIAL PAY AUTHORIZED- A special warfare officer described in subsection (b) who executes a written agreement to remain on active duty in special warfare service for at least one year may, upon the acceptance of the agreement by the Secretary concerned, be paid a sum of money not to exceed the amount prescribed in subsection (c).
`(b) COVERED OFFICERS- A special warfare officer referred to in subsection (a) is an officer of a regular component of an armed force on full-time active duty who--
`(1) is qualified for and serving in a military occupational specialty or designator identified by the Secretary concerned as a special warfare military occupational specialty or designator;
`(2) is in pay grade O-3 or O-4 and is not on a promotion list to pay grade O-5 at the time the officer applies for an agreement under this section;
`(3) has completed at least six but not more than 14 years of active commissioned service; and
`(4) has completed any service commitment incurred through the officer's original commissioning program.
`(c) AMOUNT PAYABLE- The entitlement under this section may not be more than $10,000 for each year of the written agreement. The authority to enter into written agreements under subsection (a) expires as of September 30, 2001.
`(d) PRORATION- The term of an agreement under subsection (a) and the amount payable under subsection (c) may be prorated as long as such agreement does not extend beyond the date on which the officer making such agreement would complete 14 years of active commissioned service.
`(e) PAYMENT- Upon acceptance of a written agreement under subsection (a) by the Secretary concerned, the total amount payable pursuant to the agreement becomes fixed. It may be paid either--
`(1) by a lump sum in the amount of half the total payable under the agreement at the time the agreement is accepted by the Secretary concerned followed by equal annual installments on the anniversary of acceptance of the agreement; or
`(2) in graduated annual payments under regulations prescribed by the Secretary concerned with the first payment payable at the time the agreement is accepted by the Secretary concerned, and subsequent payments on the anniversary of acceptance of the agreement.
`(f) ADDITIONAL PAY- Any amount paid under this section is in addition to any other pay and allowances to which an officer is entitled.
`(g) REPAYMENT- (1) If an officer who has entered into a written agreement under subsection (a) and has received all or part of a special pay under this section fails to complete the total period of active duty specified in the agreement, the Secretary concerned may require the officer to repay the United States, to the extent that the Secretary determines conditions and circumstances warrant, any or all sums paid under this section.
`(2) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owed to the United States.
`(3) A discharge in bankruptcy under title 11 that is entered less than five years after the termination of a written agreement entered into under subsection (a) does not discharge the officer signing the agreement from a debt arising under such agreement or under paragraph (1).
`(h) REGULATIONS- The Secretaries concerned shall prescribe regulations to carry out this section. Regulations prescribed by the Secretary of a military department shall be subject to the approval of the Secretary of Defense.'.
(b) CONFORMING AMENDMENT- The table of section at the beginning of chapter 5 of title 37, United States Code, is amended by inserting immediately after the item referring to section 301f the following new item:
`301g. Special pay: special warfare officer continuation pay.'.
SEC. 623. INCREASE IN SPECIAL PAY AND BONUSES FOR NUCLEAR-QUALIFIED OFFICERS.
(a) SPECIAL PAY FOR OFFICERS EXTENDING PERIOD OF ACTIVE SERVICE- Section 312(a) of title 37, United States Code, is amended by striking out `$15,000' and inserting in lieu thereof `$25,000'.
(b) NUCLEAR CAREER ACCESSION BONUS- Section 312b(a)(1) of title 37, United States Code, is amended by striking out `$10,000' and inserting in lieu thereof `$20,000'.
(c) NUCLEAR CAREER ANNUAL INCENTIVE BONUSES- Section 312c of title 37, United States Code, is amended--
(1) in subsection (a)(1), by striking out `$12,000' and inserting in lieu thereof `$22,000'; and
(2) in subsection (b)(1), by striking out `$5,500' and inserting in lieu thereof `$10,000'.
Subtitle C--Extension of Certain Bonuses and Special Pays
SEC. 625. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY AUTHORITIES FOR RESERVE FORCES THROUGH FISCAL YEAR 2001.
(a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIALTIES- Section 302g(f) of title 37, United States Code, is amended by striking out `December 31, 1999' and inserting in lieu thereof `September 30, 2001'.
(b) SELECTED RESERVE REENLISTMENT BONUS- Section 308b(f) of title 37, United States Code, is amended by striking out `December 31, 1999' and inserting in lieu thereof `September 30, 2001'.
(c) SELECTED RESERVE ENLISTMENT BONUS- Section 308c(e) of title 37, United States Code, is amended by striking out `December 31, 1999' and inserting in lieu thereof `September 30, 2001'.
(d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN HIGH PRIORITY UNITS- Section 308d(c) of title 37, United States Code, is amended by striking out `December 31, 1999' and inserting in lieu thereof `September 30, 2001'.
(e) SELECTED RESERVE AFFILIATION BONUS- Section 308e(e) of title 37, United States Code, is amended by striking out `December 31, 1999' and inserting in lieu thereof `September 30, 2001'.
(f) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS- Section 308h(g) of title 37, United States Code, is amended by striking out `December 31, 1999' and inserting in lieu thereof `September 30, 2001'.
(g) PRIOR SERVICE REENLISTMENT BONUS- Section 308i(f) of title 37, United States Code, is amended by striking out `December 31, 1999' and inserting in lieu thereof `September 30, 2001'.
(h) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE- Section 16302(d) of title 10 United States Code, is amended by striking out `January 1, 2000' and inserting in lieu thereof `October 1, 2001'.
SEC. 626. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF REENLISTMENT AND ENLISTMENT BONUSES AND SPECIAL PAY FOR AVIATION CAREER OFFICERS EXTENDING PERIOD OF ACTIVE DUTY.
(a) SPECIAL PAY FOR AVIATION CAREER OFFICERS EXTENDING PERIOD OF ACTIVE DUTY- Section 301b(a) of title 37, United States Code, is amended by striking out `December 31, 1999' and inserting in lieu thereof `September 30, 2001'.
(b) REENLISTMENT BONUS FOR ACTIVE MEMBERS- Section 308(g) of title 37, United States Code, is amended by striking out `December 31, 1999' and inserting in lieu thereof `September 30, 2001'.
(c) ENLISTMENT BONUSES FOR MEMBERS WITH CRITICAL SKILLS- Sections 308a(c) and 308f(c) of title 37, United States Code, are each amended by striking out `December 31, 1999' and inserting in lieu thereof `September 30, 2001'.
SEC. 627. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY AUTHORITIES FOR NURSE OFFICER CANDIDATES, REGISTERED NURSES, AND NURSE ANESTHETISTS.
(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM- Section 2130a(a)(1) of title 10, United States Code, is amended by striking out `December 31, 1999' and inserting in lieu thereof `September 30, 2001'.
(b) ACCESSION BONUS FOR REGISTERED NURSES- Section 302d(a)(1) of title 37, United States Code, is amended by striking out `December 31, 1999' and inserting in lieu thereof `September 30, 2001'.
(c) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS- Section 302e(a)(1) of title 37, United States Code, is amended by striking out `December 31, 1999' and inserting in lieu thereof `September 30, 2001'.
SEC. 628. EXTENSION OF AUTHORITY RELATING TO PAYMENT OF NUCLEAR CAREER FIELD BONUSES AND SPECIAL PAY.
(a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING PERIOD OF ACTIVE SERVICE- Section 312(e) of title 37, United States Code, is amended by striking `December 31, 1999' and inserting in lieu thereof `September 30, 2001'.
(b) NUCLEAR CAREER ACCESSION BONUS- Section 312b(c) of title 37, United States Code, is amended by striking `December 31, 1999' and inserting in lieu thereof `September 30, 2001'.
(c) NUCLEAR CAREER ANNUAL INCENTIVE BONUS- Section 312c(d) of title 37, United States Code; is amended by striking `October 1, 1998 and the 15-month period beginning on that date and ending December 31, 1999' and inserting in lieu thereof `September 30, 2001'.
Subtitle D--Military Retired Pay
SEC. 630. REPEAL OF REDUCTION IN RETIRED PAY APPLICABLE TO POST-AUGUST 1, 1986, MEMBERS WITH LESS THAN 30 YEARS OF SERVICE.
(a) REPEAL OF REDUCTION- Section 1409(b) of title 10, United States Code, is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
(b) CONFORMING AMENDMENT- Paragraph (1) of such section is amended by striking `paragraphs (2) and (3)' and inserting in lieu thereof `paragraph (2)'.
SEC. 631. MODIFY `CPI-1' COST-OF-LIVING ADJUSTMENT APPLICABLE TO RETIRED PAY OF POST-AUGUST 1, 1986, MEMBERS.
Section 1401a(b) of title 10, United States Code, is amended by striking paragraph (3) and inserting in lieu thereof the following new paragraph (3):
`(3) POST-AUGUST 1, 1986 MEMBERS- (A) If the percent determined under paragraph (2) is greater than or equal to three percent, the Secretary of Defense shall increase the retired pay of each member and former member who first became a member on or after August 1, 1986, by the difference between--
`(i) the percent determined in paragraph (2); and
`(B) If the percent determined under paragraph (2) is less than three percent, the Secretary shall increase the retired pay of each member and former member who first became a member on or after August 1, 1986, by the lesser of the CPI change or two percent.'.
SEC. 632. CONFORMING AMENDMENTS.
(a) RECOMPUTATION OF COLA ADJUSTMENT `CATCH-UP' AT AGE 62- Section 1410 of title 10, United States Code, is amended--
(1) by amending the catchline for section 1410 to read as follows:
`Sec. 1410. Restoral of COLA amount at age 62 for members entering on or after August 1, 1986';
(2) by striking paragraph (2); and
(1)' and realigning the indented remaining matter as one with the preceding paragraph; and
(4) at the end of the realigned matter by striking `; and' inserting in lieu thereof a period.
(b) AMENDMENTS TO SURVIVOR BENEFIT PLAN- Chapter 73 of such title is amended as follows:
(1) Section 1447(6)(A) is amended by striking `(determined without regard to any reduction under section 1409(b)(2) of this title)'.
(2) Section 1451 is amended in subsection (h) by striking paragraph (3); and
(3) Section 1452 is amended in subsection (c) by striking paragraph (4).
SEC. 633. EFFECTIVE DATE.
The amendments made by sections 630, 631, and 632 shall take effect on October 1, 1999.
Subtitle E--Other Matters
SEC. 640. LUMP SUM LEAVE WITH REENLISTMENT.
Section 501 of title 37, United States Code, is amended--
(1) in paragraph (a)(1), by adding at the end before the semicolon the following: `, or in conjunction with a reenlistment regardless of when it occurs'; and
(2) in paragraph (b)(2), by striking `or entering into an enlistment,'.
SEC. 641. EMERGENCY LEAVE TRAVEL COST LIMITATIONS.
Section 411d(b)(1) of title 37, United States Code, is amended--
(1) by redesignating clause (A) as clause (A)(i);
(2) by adding a new clause `(A)(ii) to any airport in the continental United States to which travel can be arranged at the same or a lower cost as travel obtained under clause (A)(i) above; or'.
SEC. 642. AUTHORITY TO EXPEND APPROPRIATED FUNDS TO PAY CERTAIN ACTUAL EXPENSES OF RESERVISTS.
Section 404(i) of title 37, United States Code, is amended--
(1) in paragraph (1), by striking the period at the end of the paragraph and inserting in lieu thereof `or, if transient government quarters are unavailable, may provide contract quarters as lodging in kind as if the member were entitled to such allowances under subsection (a) of this section.';
(2) in paragraph (3), by inserting `or expenses for contract quarters' after `service charge expenses'; and
(3) by adding at the end the following new paragraph (4):
`(4) Use of Government Charge Cards is authorized for payment of these expenses.'.
SEC. 643. AVIATION CAREER INCENTIVE PAY; DELEGATION OF AUTHORITY TO WAIVE OPERATIONAL FLYING DUTY REQUIREMENTS.
Section 301a(a)(5) of title 37, United States Code, is amended by striking the third sentence and inserting in lieu thereof the following: `The Secretary concerned may delegate the authority in the preceding sentence, but not below the Service Personnel Chief, to permit the payment of incentive pay under this paragraph.'
SEC. 644. TUITION ASSISTANCE FOR MEMBERS DEPLOYED IN A CONTINGENCY OPERATION.
Section 2007(a) of title 10, United States Code, is amended--
(1) in paragraph (2), by striking `and';
(2) in paragraph (3), by striking the period at the end and inserting in lieu thereof `; and'; and
(3) by adding at the end the following new paragraph:
`(4) in the case of a member serving in a contingency operation as defined in section 101(a)(13) of this title, or similar operational mission (other than for training) designated by the Secretary concerned, all of the charges may be paid.'.
SEC. 645. PAYMENT OF TEMPORARY LODGING EXPENSES TO MEMBERS MAKING THEIR FIRST PERMANENT CHANGE OF STATION.
Section 404a(a) of title 37, United States Code, is amended--
(1) in paragraph (1), by striking `or' at the end of the paragraph:
(2) in paragraph (2), by inserting `or' after the semicolon; and
(3) by inserting after paragraph (2) the following new paragraph (3):
`(3) for enlisted members, from the member's home of record or initial technical school to the member's first permanent duty station;'.
SEC. 636. DUTY STATUS; WHEREABOUTS UNKNOWN; PAY ADMINISTRATION.
(a) DEFINITION- Section 551 of title 37, United States Code, is amended--
(1) by redesignating subsection (3) as subsection (4); and
(2) by inserting the following new subsection (3):
`(3) The term `duty status; whereabouts unknown' defines a transitory casualty status, applicable only to military personnel, that is used when the responsible commander suspects the member may be a casualty whose absence is involuntary, but does not consider that sufficient evidence currently exists to make a definite determination that the member is--
`(C) absent without leave; or
(b) CONFORMING AMENDMENTS- (1) Section 552 of title 37, United States Code, is amended--
(A) by amending the section heading to read as follows:
`Sec. 552. Pay and allowances; continuation while in a missing or duty status; whereabouts unknown status; limitations';
(B) in subsection (a), by inserting `or duty status; whereabouts unknown' after `missing' each place it appears; and
(C) in paragraph (a)(1), by striking out `that' the first place it appears, and inserting in lieu thereof `either'.
(2) In the table of sections at the beginning of chapter 10 of title 37, United States Code, the item referring to section 552 is amended to read as follows:
`552. Pay and allowances; continuation while in a missing or duty status; whereabouts unknown status; limitations.'.
SEC. 647. BIENNIAL REPORTING REQUIREMENT FOR THE MONTGOMERY GI BILL; SELECTED RESERVE.
Section 16137 of title 10, United States Code, is amended by striking `not later than March 1 of each year concerning the operation of the educational assistance program established by this chapter during the preceding fiscal year.' and inserting in lieu thereof `by March 1, at least once every two years concerning the operation of the educational assistance program established by this chapter during the preceding fiscal years.'.
TITLE VII--HEALTH CARE PROVISIONS
SEC. 701. ADMINISTRATION OF HEALTH CARE CONTRACTS AND PROGRAMS.
Section 1073 of title 10, United States Code, is amended--
(1) by inserting `(a)' at the beginning of the current text; and
(2) by adding at the end the following new subsection:
`(b)(1) In the administration of contracts under this chapter, the Secretary of Defense shall provide a stable and uniform program of medical and dental care by implementing program benefit and administrative changes at the start of each fiscal year, rather than throughout the year, except when the Secretary determines that the change would significantly improve health services to eligible beneficiaries under this chapter, or that for other reasons implementation other than at the start of the fiscal year would most effectively carry out the purposes of this chapter.
`(2) In cases in which a law is enacted requiring the initiation of a new program or benefit under this chapter, the Secretary of Defense may defer for up to one year the implementation schedule for such new program or benefit if the Secretary--
`(A) determines such deferral is necessary to seek the appropriation of such funds, additional to those needed for ongoing programs and benefits under this chapter, as may be necessary for such new programs and benefits; and
`(B) certifies to Congress that such deferral is necessary to prevent disruptions to such ongoing programs and benefits and reports on the appropriation amounts that would be necessary to proceed with timely implementation of the new program or benefit.'.
SEC. 702. CONTINUATION OF PREVIOUSLY PROVIDED CUSTODIAL CARE BENEFITS FOR CERTAIN CHAMPUS BENEFICIARIES.
(a) CONTINUATION OF COVERAGE- Subject to subsection (c), the Secretary of Defense may continue payment under the Civilian Health and Medical Program of the Uniformed Services (as defined in section 1072 of title 10, United States Code) for domiciliary or custodial care services, otherwise excluded by regulations implementing section 1077(b)(1) of such title on behalf of beneficiaries described in subsection (b).
(b) COVERED BENEFICIARIES- Beneficiaries described in subsection (a) are covered beneficiaries (as defined in section 1072 of such title) who, prior to the effective date of final regulations to implement the individual case management program authorized by section 1079(a)(17) of such title, were provided domiciliary or custodial care services for which the Secretary provided payment.
(c) SECRETARIAL AUTHORITY- The authority provided by subsection (a) is subject to a case-by-case determination by the Secretary that discontinuation of payment for domiciliary or custodial care services or transition under the case management program authorized by such section 1079(a)(17) to alternative programs and services would be inadequate to meet the needs of, and unjust to, the beneficiary.
SEC. 703. MODIFICATION OF DUE DATE FOR EVALUATION AND REPORT ON TRICARE EFFECTIVENESS.
Section 717(c) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 376) is amended by striking `March 1' and inserting in lieu thereof `September 1'.
SEC. 704. AUTHORITY OF ARMED FORCES MEDICAL EXAMINER TO CONDUCT AUTOPSIES.
(a) IN GENERAL- Chapter 3 of title 10, United States Code is amended by adding after section 130a the following new section:
`Sec. 130b. Authority of armed forces medical examiner to conduct autopsies
`(a) IN GENERAL- Under regulations prescribed by the Secretary of Defense, the Armed Forces Medical Examiner is authorized to conduct a forensic pathology investigation, including an autopsy, when a person is found dead or dies under circumstances that require a forensic pathology investigation to determine the cause or manner of death and one of the circumstances described in subsection (b) is also present.
`(b) APPLICABILITY- The circumstances referred to in subsection (a) are, subject to subsection (c), any one of the following:
`(1) A person is found dead or dies at an installation garrisoned by units of the Armed Forces and under the exclusive jurisdiction of the United States.
`(2) A member of the armed forces on active duty or inactive duty for training is found dead or dies, or a former member dies soon after retirement under chapter 61 of this title as a result of an injury or illness incurred while such a member.
`(3) A civilian dependent of a member of the armed forces is found dead or dies in any location outside the United States.
`(4) Pursuant to an authorized Department of Defense investigation of matters in which there is involved the death of a person or persons, a factual determination is necessary of the cause or manner of the death(s).
`(5) Pursuant to an authorized investigation being conducted by the Federal Bureau of Investigation, the National Transportation Safety Board, or other Federal agency, an authorized official of such agency with authority to direct a forensic pathology investigation requests that such an investigation be conducted by the Armed Forces Medical Examiner.
`(c) LIMITATION IN CONCURRENT JURISDICTION CASES- Authority of the Armed Forces Medical Examiner to conduct a forensic pathology investigation under the circumstances described in subsection (b) is subject to the primary jurisdiction, to the extent fully exercised (including conducting an autopsy), of the appropriate State or local governmental authority or, if outside the United States, of appropriate authorities under any applicable Status of Forces or other international agreement between the United States and the country involved.
`(d) PROCEDURES- In conducting forensic pathology investigations under this section, the Armed Forces Medical Examiner shall--
`(1) designate qualified pathologists for this purpose;
`(2) to the extent practicable and consistent with responsibilities under this section, give due regard to any applicable law protecting religious beliefs;
`(3) as soon as practicable, inform the family of the decedent, if known, of the fact of the forensic pathology investigation;
`(4) as soon as practicable after completion of the investigation, return the remains of the deceased to the family of the decedent, if known; and
`(5) promptly report the results of the forensic pathology investigation to the authorized official responsible for the investigation relating to the death.
`(e) DEFINITION- In this section, the term `circumstances that require a forensic pathology investigation' are, in the judgment of the Armed Forces Medical Examiner--
`(1) a person is killed or from any cause dies an unnatural death;
`(2) the cause or manner of death are unknown;
`(3) there is reasonable suspicion that the death was by unlawful means;
`(4) death was apparently from an infectious disease or from the effects of a hazardous material that may have an adverse effect on the installation or community; or
`(5) the identity of the deceased person is unknown.'.
(b) CONFORMING AMENDMENT- Chapter 577 of title 10, United States Code, is amended by adding after section 6522 the following new section:
`Sec. 6523. Inquests
`(a) When a person is found dead under circumstances that require investigation, at a place garrisoned by the Navy or Marine Corps, and under the exclusive jurisdiction of the United States, the commanding officer shall direct a summary court-martial to investigate the circumstances of the death.
`(b) In conducting an investigation under subsection (a), the summary court-martial may summon witnesses and examine them under oath.
`(c) The summary court-martial shall promptly submit to the commanding officer a report of the investigation and findings as to the cause of death.'.
(c) CLERICAL AMENDMENTS- (1) The tables of sections of such title and chapters are amended--
(A) by adding after the item relating to section 130a the following new item:
`130b. Authority of armed forces medical examiner to conduct autopsies.'; and
(B) by adding after the item relating to section 6522 the following new item:
(2) The chapter heading for such chapter 577 is amended by adding at the end a semicolon and `INQUESTS'.
(3) The tables of chapters and table of sections for such title 10, for subtitle C of such title, and for part II of such Subtitle are amended with respect to the items relating to chapter 577 by adding at the end a semicolon and `Inquests'.
SEC. 705. EMERGENCY MEDICAL CARE FOR EMPLOYEES OF THE DEPARTMENT OF DEFENSE ON DUTY IN THE FORMER SOVIET UNION OR FORMER WARSAW PACT COUNTRIES.
(a) AUTHORITY FOR MEDICAL CARE- Chapter 53 of title 10, United States Code, is amended by inserting after section 1049 the following new section 1049a:
`Sec. 1049a. Emergency medical care for employees of the Department of Defense on duty in the former Soviet Union or former Warsaw Pact countries
`The Secretary of Defense may make payments for emergency medical or dental care for military, civilian, and contractor employees of the Department of Defense permanently or temporarily on duty in the countries of the former Soviet Union and the former Warsaw Pact. The authority of the Secretary of Defense to make payments under this section is effective for any fiscal year only to the extent that appropriated funds are available for such purpose.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of title 10, United States Code is amended by adding at the end the following new item:
`1049a. Emergency medical care for employees of the Department of Defense on duty in the former Soviet Union or former Warsaw Pact countries.'.
SEC. 706. THIRD PARTY COLLECTION PROGRAM IMPROVEMENT.
Section 1095 of title 10, United States Code, is amended --
(1) by amending subsection (f) to read as follows:
`(f) The Secretary of Defense, in consultation with the other administering Secretaries, shall prescribe regulations for the administration of this section. Such regulations shall provide for the computation of the reasonable cost of inpatient, outpatient, or other health care services. Computation of such reasonable cost may be based on--
`(2) all-inclusive per visit rates;
`(3) diagnosis-related groups;
`(4) rates prescribed under the regulations implementing sections 1079 and 1086 of this title; or
`(5) such other method as may be appropriate.'; and
(2) in subsection (h)(1), by striking the first sentence and inserting in lieu thereof `The term `third party payer' means an entity that provides an insurance, medical service, or health plan by contract or agreement including an automobile liability insurance or no fault insurance carrier, a worker's compensation program or plan, and any other plan or program that is designed to provide compensation or coverage for expenses incurred by a beneficiary for medical services and supplies.'.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
SEC. 801. PROTECTION OF COMMERCIAL SOURCES.
Section 455(b)(1) of title 10, United States Code, is amended--
(1) in subparagraph (B) by striking `or';
(2) in subparagraph (C) by striking the period at the end and inserting in lieu thereof `; or'; and
(3) by adding at the end the following new subparagraph (D):
`(D) that contains information that the Secretary of Defense has determined in writing, if disclosed, would interfere or unfairly compete with an emerging or existing commercial industry or market operation.'.
(4) by adding at the end the following new paragraph (4):
`(4) Nothing in this section shall affect, limit, or supersede the authorities or responsibilities of the Director of Central Intelligence with respect to imagery and imagery intelligence pursuant to the National Security Act of 1947, as amended (50 U.S.C. 402 et seq.), Executive Order 12951, or any successor Executive Order and applicable Presidential directives. The withholding of imagery and imagery intelligence will be in accordance with the policies and directives of the Director of Central Intelligence.'.
SEC. 802. WAIVER OF LIVE-FIRE SURVIVABILITY TESTING MH-47E/MH-60K HELICOPTER MODIFICATION PROGRAMS.
(a) WAIVER- Notwithstanding the requirement of section 2366(c)(1) of title 10, United States Code, that any waiver by the Secretary of Defense of the application of the survivability tests to a covered system occur before the system or program enters engineering and manufacturing development, and notwithstanding the requirements of section 142 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2338) that operational test and evaluation and survivability testing of the MH-47E helicopters and MH-60K helicopters be completed prior to full materiel release of the helicopters for operational use, the Secretary may waive the application of the survivability tests to the MH-47E and MH-60K helicopter modification programs before full material release of the MH-47E and MH-60K helicopters for operational use.
(b) REPORT- Except as provided in subsection (a) above, any waiver by the Secretary of Defense of the application of the survivability tests to the MH-47E and MH-60K helicopters shall comply with all other requirements of subsection (c) of section 2366 of title 10, United States Code.
SEC. 803. SALE, EXCHANGE, AND WAIVER AUTHORITY FOR COAL AND COKE.
(a) IN GENERAL- Section 2404 of title 10, United States Code, is amended--
(1) in the catchline for the provision by inserting `, coal, coke,' after `petroleum';
(A) by inserting `, coal, coke,' after `petroleum'; and
(B) in paragraph (1), by inserting `, coal market conditions, coke market conditions,' after `petroleum market conditions';
(3) in subsection (b), by inserting `, coal, coke,' after `petroleum';
(4) in subsection (c), by inserting `, coal, coke,' after the term `petroleum'; and
(5) in subsection (d), by inserting `, coal, coke,' after `petroleum'.
(b) CLERICAL AMENDMENT- The table of sections for chapter 141 of such title 10 is amended by amending the item relating to section 2104 by inserting `, coal, coke,' after `petroleum'.
SEC. 804. REPEAL OF CERTIFICATION OF FUNDING FOR SUPPORT COSTS IN THE FIVE YEAR DEFENSE PROGRAM.
Section 2306b(i)(1) of title 10, United States Code, is amended--
(1) by striking `each of the following conditions is satisfied:';
(2) by striking subparagraph (A); and
(3) by striking `(B) The' and inserting in lieu thereof `the'.
SEC. 805. REPEAL OF THE SHIPBUILDING CAPABILITY PRESERVATION AGREEMENT.
(a) REPEALER- Section 7315 of title 10, United States Code, relating to the Shipbuilding Capability Preservation Agreement, is repealed.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 633 of title 10 is amended by striking the item relating to section 7315.
SEC. 806. ELIMINATION OF SUBCONTRACT NOTIFICATION REQUIREMENTS.
Section 2306(e) of title 10, United States Code, is amended to read as follows:
`(e) Except for contracts with a contractor that maintains a purchasing system that has been approved by the cognizant contracting officer, each cost contract and each cost-plus-a-fixed-fee contract shall include a contract provision that requires the contractor to notify the agency, prior to the award under a prime contract, of--
`(1) a cost-plus-a-fixed-fee subcontract; or
`(2) a fixed-price subcontract or purchase order involving more than the greater of--
`(A) the simplified acquisition threshold; or
`(B) 5 percent of the estimated cost of the prime contract.'.
SEC. 807. ANNUAL REPORT TO CONGRESS ON NUCLEAR ATTACK SUBMARINE PROCUREMENT AND SUBMARINE TECHNOLOGY.
Section 131 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 206) is amended by striking subsections (b), (c), (e) and (f).
SEC. 808. ELIMINATION OF ANNUAL REPORT ON DESIGN RESPONSIBILITY OF NEW ATTACK SUBMARINE PROGRAM.
Section 121(g) of the National Defense Authorization Act of Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2441) is amended by striking paragraph (3).
SEC. 809. CLERICAL AMENDMENT TO THE AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE PROJECTS.
Section 845(b)(1) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1722; 10 U.S.C. 2371 note), as amended by section 804 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2605), is amended by striking `(e)(2) and (e)(3) of such section 2371' and inserting in lieu thereof `(e)(1)(B) and (e)(2) of such section 2371'.
SEC. 810. MANUFACTURING TECHNOLOGY COST-SHARING.
Section 2525 of title 10, United States Code, is amended--
(A) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectfully; and
(B) by inserting after paragraph (3) the following new paragraph (4):
`(4) to address broad defense-related manufacturing inefficiencies and requirements;'; and
(2) by amending subsections (d) and (e) to read as follows:
`(d) COMPETITION AND COST-SHARING- (1) Competitive procedures shall be used for awarding all grants and entering into all contracts, cooperative agreements, and other transactions under the program.
`(2)(A) Cost-sharing is required for projects undertaken under the terms of this section except when a project meets conditions in subparagraph (B).
`(B) Cost-sharing may be waived when a project--
`(i) is not likely to have an immediate and direct commercial application, and
`(ii) is initiated by a military Service acquisition organization or by the Defense Logistics Agency, pursuant to a formal review of manufacturing development opportunities and planning for project execution.
`(C) If cost-sharing is not used, the appropriate Service Acquisition Executive, the Director of the Defense Logistics Agency, or a designee of such an official, shall document the rationale in the transaction file for each such project.
`(e) FIVE-YEAR PLAN- (1) The Under Secretary of Defense (Acquisition & Technology) shall prepare a five-year plan for the program which establishes--
`(A) The overall manufacturing technology goals, milestones, priorities, and investment strategy for the program; and
`(B) for each of the five fiscal years covered by the plan, the objectives of, and funding for the program by, each military department and each Defense Agency participating in the program.
`(2) The plan shall also provide an assessment of the following:
`(A) Effectiveness of the program.
`(B) Extent to which the costs of projects are being shared.
`(3) The plan shall be updated annually and shall be included in the budget justification documents submitted in support of the budget of the Department of Defense for a fiscal year (as included in the budget of the President submitted to Congress under section 1105 of title 31).'.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Organization
SEC. 901. ABOLISHMENT OF POSITION OF ASSISTANT TO THE SECRETARY OF DEFENSE FOR NUCLEAR AND CHEMICAL AND BIOLOGICAL DEFENSE PROGRAMS.
(a) IN GENERAL- Section 142 of title 10, United States Code, is repealed.
(b) CONFORMING AMENDMENTS- Section 179(c)(2) of such title 10 is amended by striking `The Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs' and inserting in lieu thereof `Director, Defense Research & Engineering'. Section 5316 of title 5, United States Code, is amended by striking `Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs, Department of Defense'.
(c) CLERICAL AMENDMENT- The table of sections at the beginning of Chapter 4 of title 10, United States Code, is amended by striking the item relating to section 142.
SEC. 902. MODIFICATION OF THE TITLES OF CERTAIN MEMBERS OF THE STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM COUNCIL.
Section 2902(b) of title 10, United States Code, is amended--
(1) in paragraph(1), by striking `Director of Defense Research and Engineering' and inserting in lieu thereof `Deputy Under Secretary of Defense for Science and Technology'; and
(2) in paragraph (6), by striking `Energy Research' and inserting in lieu thereof `Science'.
SEC. 903. ESTABLISHMENT OF THE POSITION IN THE OFFICE OF THE SECRETARY OF DEFENSE OF DIRECTOR OF DEFENSE LOGISTICS.
(a) IN GENERAL- Chapter 4 of title 10, United States Code, is amended by inserting after section 133a the following new section:
`Sec. 133b. Director of Defense Logistics
`(a) There is a Director of Defense Logistics, appointed from civilian life by the President, by and with the advice and consent of the Senate at level 4 of the Executive Schedule.
`(b) The Director shall be appointed without regard to political affiliation and solely on the basis of fitness to perform the duties of the office of Director.
`(c) Except as otherwise prescribed by the Secretary of Defense, the Director is the principal adviser to the Secretary and the Under Secretary of Defense for Acquisition and Technology on logistics in the Department of Defense and the principal logistics official within the senior management of the Department of Defense, and shall perform such duties relating to logistics as the Under Secretary of Defense for Acquisition and Technology may assign, including--
`(1) prescribe, by authority of the Secretary of Defense, policies and procedures for the conduct of logistics in the Department of Defense;
`(2) advise and assist the Secretary of Defense, the Deputy Secretary of Defense, the Under Secretary of Defense for Acquisition and Technology and provide guidance to and consult with the Secretaries of military departments with respect to logistics in the Department of Defense; and
`(3) monitor and review all logistics programs in the Department of Defense.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter 4 is amended by inserting after the item relating to section 133a the following new item:
`133b. Director of Defense Logistics.'.
(c) CONFORMING AMENDMENT- Section 5315 of title 5, United States Code, is amended by adding at the end the following new item:
`Director of Defense Logistics'.
Subtitle B--Management of Service Academies
SEC. 905. ELIGIBILITY FOR PRESIDENTIAL APPOINTMENT TO A SERVICE ACADEMY; TO INCLUDE CHILDREN OF RESERVE PERSONNEL AND CERTAIN ACTIVE DUTY PERSONNEL.
(a) ARMY- Section 4342(b)(1) of title 10, United States Code, is amended--
(1) by striking subparagraph (A) and inserting in lieu thereof the following new subparagraph:
`(A) are currently on active duty (other than for training) and who have served on active duty for a total of at least eight years.';
(2) in subparagraph (B), by striking `, other than those granted retired pay under section 12731 of this title (or under section 1331 of this title as in effect before the effective date of the Reserve Officer Personnel Management Act)'; and
(3) by adding at the end the following new subparagraphs (C) and (D):
`(C) are serving as a member of a reserve component and have earned at least 2,880 retirement points credited for purposes of section 12733 of this title; or
`(D) are, or who died while they were, eligible for retired pay under chapter 1223 of this title, but had not yet reached age 60;'.
(b) NAVY- Section 6954(b)(1) of title 10, United States Code, is amended--
(1) by striking subparagraph (A) and inserting in lieu thereof the following new subparagraph:
`(A) are currently on active duty (other than for training) and who have served on active duty for a total of at least eight years.';
(2) in subparagraph (B), by striking `, other than those granted retired pay under section 12731 of this title (or under section 1331 of this title as in effect before the effective date of the Reserve Officer Personnel Management Act)'; and
(3) by adding at the end the following new subparagraphs (C) and (D):
`(C) are serving as a member of a reserve component and who have earned at least 2,880 retirement points countable for purposes of section 12733 of this title; or
`(D) are, or who died while they were, eligible for retired pay under chapter 1223 of this title, but had not yet reached age 60;'.
(c) AIR FORCE- Section 9342(b)(1) of title 10, United States Code, is amended--
(1) by striking subparagraph (A) and inserting in lieu thereof the following new subparagraph:
`(A) are currently on active duty (other than for training) and who have served on active duty for a total of at least eight years.';
(2) in subparagraph (B), by striking `, other than those granted retired pay under section 12731 of this title (or under section 1331 of this title as in effect before the effective date of the Reserve Officer Personnel Management Act)'; and
(3) by adding at the end the following new subparagraphs (C) and (D):
`(C) are serving as a member of a reserve component and who have earned at least 2,880 retirement points countable for purposes of section 12733 of this title; or
`(D) are, or who died while they were, eligible for retired pay under chapter 1223 of this title, but had not yet reached age 60;'.
SEC. 906. REIMBURSEMENT OF EXPENSES FOR INSTRUCTION AT SERVICE ACADEMIES OF PERSONS FROM FOREIGN COUNTRIES.
(a) UNITED STATES MILITARY ACADEMY- Section 4344(b) of title 10, United States Code, is amended--
(1) by striking the text of paragraph (3) and inserting in lieu thereof the following new paragraph:
`The amount of reimbursement waived under paragraph (2) may not exceed 50 percent of the per-person reimbursement amount otherwise required to be paid by a foreign country under such paragraph, except in the case of not more than twenty persons receiving instruction at the Academy under this section at any one time.'.
(b) NAVAL ACADEMY- Section 6957(b) of title 10, United States Code, is amended--
(1) by striking the text of paragraph (3) and inserting in lieu thereof the following new paragraph:
`The amount of reimbursement waived under paragraph (2) may not exceed 50 percent of the per-person reimbursement amount otherwise required to be paid by a foreign country under such paragraph, except in the case of not more than twenty persons receiving instruction at the Naval Academy under this section at any one time.'.
(c) AIR FORCE ACADEMY- Section 9344(b) of title 10, United States Code, is amended--
(1) by striking the text of paragraph (3) and inserting in lieu thereof the following new paragraph:
`The amount of reimbursement waived under paragraph (2) may not exceed 50 percent of the per-person reimbursement amount otherwise required to be paid by a foreign country under such paragraph, except in the case of not more than twenty persons receiving instruction at the Naval Academy under this section at any one time.'.
(d) EFFECTIVE DATE- The amendments made by this section apply with respect to students from a foreign country entering the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy on or after May 1, 1999.
SEC. 907. SERVICE ACADEMY FOREIGN EXCHANGE PROGRAM.
(a) UNITED STATES MILITARY ACADEMY- (1) Section 4345(b) of title 10, United States Code, is amended by striking out `10 cadets' and inserting in lieu thereof `24 cadets'.
(2) Section 4345(c)(3) of title 10, United States Code, is amended by striking out `$50,000' and inserting in lieu thereof `$120,000'.
(b) UNITED STATES NAVAL ACADEMY- (1) Section 6957a(b) of title 10, United States Code, is amended by striking out `10 midshipmen' and inserting in lieu thereof `24 midshipmen'.
(2) Section 6957a(c)(3) of title 10, United States Code, is amended by striking out `$50,000' and inserting in lieu thereof `$120,000'.
(c) UNITED STATES AIR FORCE ACADEMY- (1) Section 9345(b) of title 10, United States Code, is amended by striking out `10 cadets' and inserting in lieu thereof `24 cadets'.
(2) Section 9345(c)(3) of title 10, United States Code, is amended by striking out `$50,000' and inserting in lieu thereof `$120,000'.
Subtitle C--Personnel Management
SEC. 910. EXEMPTION OF RETIREE COUNCIL MEMBERS FROM RECALLED RETIREE LIMITS.
Section 690 (b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph (D):
`(D) Any officer assigned to duty as a member of the Army, Navy, or Air Force Retiree Council for the period of active duty to which ordered.'.
Subtitle D--Other Matters
SEC. 915. VESSELS STRICKEN FROM NAVAL VESSEL REGISTER, CAPTURED.
Section 7306(d) of title 10, United States Code is amended--
(1) by striking the designator (1) at the beginning of the first paragraph;
(2) by striking paragraph (2); and
(3) in the remaining matter, by striking `days of continuous session of Congress' and inserting in lieu thereof `calendar days'.
SEC. 916. LEASES: LAND FOR SPECIAL OPERATIONS ACTIVITIES; EXTENSION OF AUTHORITY.
Section 2680(d) of title 10, United States Code, is amended by striking `September 30, 2000' and inserting in lieu thereof `September 30, 2002'.
SEC. 917. TO CONSOLIDATE VARIOUS DEPARTMENT OF THE NAVY TRUST AND GIFT FUNDS.
(a) CONSOLIDATION OF NAVAL ACADEMY GENERAL GIFT FUND AND THE NAVAL ACADEMY MUSEUM FUND- Section 6973 of title 10, United States Code, is amended--
(1) by amending subsection 6973(a) to read as follows:
`(a)(1) The Secretary of the Navy may accept, hold, administer, and spend gifts and bequests of personal property, and loans of personal property other than money, made on the condition that it be used for the benefit of, or for use in connection with, the Naval Academy or the Naval Academy Museum, its collection, or its services. Gifts or bequests of money and the proceeds from the sales of property received as gifts shall be deposited in the Treasury in the fund called `United States Naval Academy Gift and Museum Fund.' The Secretary may disburse funds deposited under this subsection for the benefit or use of the Naval Academy or the Naval Academy Museum subject to the terms of the gift or bequest.
`(2) The Secretary shall develop written guidelines to be used in determining whether the acceptance of money, personal property or loans of personal property under paragraph (1) would reflect unfavorably upon the ability of the Department of the Navy or any employee of the Department of the Navy to carry out its responsibilities or his or her official duties in a fair and objective manner, or would compromise the integrity, or the appearance of the integrity, of its programs or any official involved in those programs.'; and
(2) in subsection 6973(c), by striking `United States Naval Academy general gift fund' both times such phrase appears in the subsection and by inserting in lieu thereof, in each instance, `United States Naval Academy Gift and Museum Fund.'.
(b) REPEAL OF NAVAL ACADEMY MUSEUM FUND- Section 6974 of such title 10, is hereby repealed.
(c) REPEAL OF NAVAL HISTORICAL CENTER FUND- Section 7222 of such title 10, is hereby repealed.
(1) UNITED STATES GIFT AND MUSEUM FUND- All funds currently deposited or held in the United States Naval Academy Museum Fund established pursuant to section 6974 of such title 10, shall be transferred to the United States Naval Academy Gift and Museum Fund authorized by subsection (a).
(2) NAVY GENERAL GIFT FUND- All funds currently deposited or held in the Naval Historical Center Fund, established pursuant to section 7222 of such title 10, shall be transferred to the Department of the Navy General Gift Fund authorized by section 2601 of such title 10.
(1) CHAPTER 603- The Table of Sections at the beginning of Chapter 603 of such title 10 is amended by striking the item relating to section 6974.
(2) CHAPTER 631- The Table of Sections at the beginning of Chapter 631 of such title 10 is amended by striking the item relating to section 7222.
SEC. 918. USE OF BURDEN SHARING FUNDS FOR CONSTRUCTION IN THE EVENT OF WAR OR NATIONAL EMERGENCY.
Section 2350j(e), title 10, United States Code, is amended by adding at the end the following new paragraph:
`(3) In the event of a declaration of war or the declaration by the President of a national emergency in accordance with the National Emergencies Act (Public Law 94-412; 50 U.S.C. 1601 et seq.) that requires the use of armed forces in the country (or, in the case of a contribution by a regional organization, within the region) which provided the burden sharing contribution, the Secretary of Defense, or the Secretary of a military department when authorized by the Secretary of Defense, may undertake a military construction project under subsection (d) necessary to support such use of the armed forces without meeting the 21-day notice and wait period specified in paragraph (2). However, when a decision is made to undertake a military construction project under such circumstances, the Secretary of Defense shall notify the appropriate committees of Congress of that decision and of the estimated cost of such construction projects, including the cost of any real estate action pertaining to those construction projects. Authority to not comply with the 21-day notice and wait provision shall terminate with respect to any war or national emergency at the end of the war or national emergency.'.
SEC. 919. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL IMAGERY AND MAPPING AGENCY.
Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by inserting after section 105A (50 USC 403-5a) the following new section:
`PROTECTION OF OPERATIONAL FILES OF THE NATIONAL IMAGERY AND MAPPING AGENCY
SEC. 105B. (a). EXEMPTION OF CERTAIN OPERATIONAL FILES FROM SEARCH, REVIEW, PUBLICATION, OR DISCLOSURE- (1) Operational files of the National Imagery and Mapping Agency may be exempted by the Director of the National Imagery and Mapping Agency, with the coordination of the Director of Central Intelligence, from the provisions of section 552 of title 5, United States Code (Freedom of Information Act), which require publication or disclosure, or search or review, in connection therewith.
`(2) For the purposes of this section, the term `operational files' means files of the National Imagery and Mapping Agency (NIMA) concerning the activities of NIMA that were previously performed by the National Photographic Interpretation Center of the Central Intelligence Agency (NPIC), and which document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems, except that files which are the sole repository of disseminated intelligence are not operational files.
`(3) Notwithstanding paragraph (1) of this subsection, exempted operational files shall continue to be subject to search and review for information concerning--
`(A) United States citizens or aliens lawfully admitted for permanent residence who have requested information on themselves pursuant to the provisions of section 552 of title 5, United States Code (Freedom of Information Act), or section 552a of title 5, United States Code (Privacy Act of 1974);
`(B) any special activity the existence of which is not exempt from disclosure under the provisions of section 552 of title 5, United States Code; or
`(C) the specific subject matter of an investigation by the Intelligence Oversight Board, the Department of Justice, the Office of General Counsel of the National Imagery and Mapping Agency, or the Office of the Director of the National Imagery and Mapping Agency for any impropriety, or violation of law, Executive order, or Presidential directive, in the conduct of an intelligence activity.
`(4)(A) Files that are not exempted under subsection (a)(1) of this section which contain information derived or disseminated from exempted operational files shall be subject to search and review.
`(B) The inclusion of information from exempted operational files in files that are not exempted under subsection (a)(1) shall not affect the exemption under subsection (a)(1) of the originating operational files from search, review publication, or disclosure.
`(C) Records from exempted operational files which have been disseminated to and referenced in files that are not exempted under subsection (a)(1) and which have been returned to exempted operational files for sole retention shall be subject to search and review.
`(5) the provisions of subsection (a)(1) may not be superseded except by a provision of law which is enacted after the date of enactment of this act, and which specifically cites and repeals or modifies its provisions.
`(6) Whenever any person who has requested agency records under section 552 of title 5, United States Code (Freedom of Information Act), alleges that the National Imagery and Mapping Agency has withheld records improperly because of failure to comply with any provision of this section, judicial review shall be available under the terms set forth in section 552(a)(4)(B) of title 5, United States Code, except that--
`(A) in any case in which information specifically authorized under criteria established by an Executive Order to be kept secret in the interests of national defense or foreign relations is filed with, or produced for, the court by the National Imagery and Mapping Agency, such information shall be examined ex parte, in camera by the court;
`(B) the court shall, to the fullest extent practicable, determine the issues of fact based on sworn written submissions of the parties;
`(C) when a complainant alleges that requested records were improperly withheld because of improper exception of operational files, the National Imagery and Mapping Agency shall meet its burden under section 552(a)(4)(B) of title 5, United States Code, by demonstrating to the court by sworn written submission that exempted operational files likely to contain responsible records currently perform the functions set forth in subsection (a)(2) of this section;
`(D)(i) when a complainant alleges that requested records were improperly withheld because of improper exception of operational files, the National Imagery and Mapping Agency shall meet its burden under section 552(a)(4)(B) of title 5, United States Code, by demonstrating to the court by sworn written submission that exempted operational files likely to contain responsible records currently perform the functions set forth in subsection (a)(2) of this section; and
`(ii) the court may not order the National Imagery and Mapping Agency to review the content of any exempted operational file or files in order to make the demonstration required under clause (i) of this subparagraph, unless the complainant disputes the National Imagery and Mapping Agency's showing with a sworn written submission based on personal knowledge or otherwise admissible evidence;
`(E) in proceedings under subparagraphs (C) and (D) of subsection (a)(6), the parties shall not obtain discovery pursuant to rules 26 and 36;
`(F) if the court finds under this subsection that the National Imagery and Mapping Agency has improperly withheld requested records because of failure to comply with any provisions of this section, the court shall order the National Imagery and Mapping Agency to search and review the appropriate exempted operational file or files for the requested records and make such records, or portions thereof, available in accordance with the provisions of section 552 of title 5, United States Code (Freedom of Information Act), and such order shall be the exclusive remedy for failure to comply with the section;
`(G) if at any time following the filing of a complaint pursuant to this subsection the National Imagery and Mapping Agency agrees to search the appropriate exempted operational file or files for the requested records, the court shall dismiss the claim based upon such complaint; and
`(H) any information filed with, or produced for the court pursuant to subparagraphs (A) and (D) shall be coordinated with the Director of Central Intelligence prior to submission to the court.
`(b) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES- (1) Not less than once every ten years, the Director of the National Imagery and Mapping Agency and the Director of Central Intelligence shall review the exemptions in force under subsection (a)(1) of this section to determine whether such exemptions may be removed from the category or exempted files or any portion thereof. The Director of Central Intelligence must approve any determination to remove such exemptions.
`(2) The review required by subsection (b)(1) of this section shall include consideration of the historical values of other public interest in the subject matter of the particular category of files or portions thereof and the potential for declassifying a significant part of the information contained therein.
`(3) A complaint which alleges that the National Imagery and Mapping Agency has improperly withheld records because of failure to comply with this subsection may seek judicial review in the district court of the United States of the district in which any of the parties reside, or in the District of Columbia. In such a proceeding, the court's review shall be limited to determining--
`(A) whether the National Imagery and Mapping Agency has conducted the review required by subsection (b)(1) within 10 years after the enactment of this section or within ten years after the last review; and
`(B) whether the National Imagery and Mapping Agency, in fact, considered the criteria set forth in subsection (b)(2) of this section in conducting the required review.'
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. REPEAL OF REQUIREMENT FOR SEPARATE BUDGET REQUEST FOR PROCUREMENT OF RESERVE EQUIPMENT.
Section 114(e) of title 10, United States Code, is repealed.
SEC. 1002. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDGET CYCLE FOR THE DEPARTMENT OF DEFENSE.
Section 1405 of the Department of Defense Authorization Act, 1986 (31 U.S.C. 1105 note) is repealed.
SEC. 1003. DATE FOR SUBMITTAL OF JOINT REPORT ON SCORING OF BUDGET OUTLAYS.
Section 226 of title 10, United States Code is amended--
(1) in subsection (a) by striking `Not later than December 15 of each year' and inserting in lieu thereof `Not later than the day on which the
budget for any fiscal year is submitted to Congress pursuant to section 1105 of title 31';
(2) in paragraph (a)(1) by striking `major functional category 050' and all that follows through `section 1105 of title 31;', and inserting in lieu thereof `subfunctional category 051 (Department of Defense--Military) for that budget;';
(3) in the catchline to subsection (b) by striking `USE OF AVERAGES- ' and inserting in lieu thereof `USE OF DIFFERENCES- '; and
(4) in subsection (b) by striking `, the report shall reflect the average of the relevant outlay rates or assumptions used by the two offices.' and inserting in lieu thereof `, the report shall reflect the differences between the relevant outlay rates or assumptions used by the two offices. For each account where a difference exists, the report also shall display the budget year budget authority (BA), the rates, and the outlays estimated by both offices.'.
Subtitle B--Foreign Nations
SEC. 1010. COOPERATIVE MILITARY AIRLIFT AGREEMENTS: ALLIED COUNTRIES.
Section 2350c of Chapter 138 of title 10, United States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
Subtitle C--Department of Defense Schools
SEC. 1015. AMENDMENT OF ELIGIBILITY REQUIREMENTS FOR ATTENDANCE AT DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS, RISING SENIOR.
Section 2164(c) of title 10, United States Code, is amended by adding at the end the following new paragraph (4):
`(4) A dependent of a member of the armed forces or of a Federal civilian employee who has been a junior in a secondary school in a program under this section may be enrolled as a senior in that program in the next school year, notwithstanding a change in the enrollment eligibility status of the dependent that, except for this paragraph, would otherwise terminate the eligibility of the dependent to be enrolled in the program.'.
SEC. 1016. AMENDMENT OF PROVISION FOR SCHOOL BOARDS IN DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS.
Section 2164(d)(1) of title 10, United States Code, is amended to read as follows:
`(1) The Secretary of Defense shall provide for the establishment of a school board for Department of Defense Domestic Dependent Elementary and Secondary Schools at each military installation under this section, except that one school board shall be authorized for all Department of Defense Domestic Dependent Elementary and Secondary Schools located in each territory, commonwealth, or possession of the United States.'.
SEC. 1017. AMENDMENT OF ELIGIBILITY CRITERIA FOR DEPENDENTS OF MEMBERS OF THE ARMED FORCES OR OF FEDERAL EMPLOYEES TO ATTEND DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS.
Section 2164(c)(3) of title 10, United States Code, is amended to read as follows:
`(3) The Secretary of Defense may authorize a dependent of a member of the armed forces or the dependent of a Federal employee, to continue enrollment in a program under this subsection for so long as the Secretary of Defense deems appropriate notwithstanding a change in the status of the member of the armed forces or of the Federal employee that, except for this paragraph, would otherwise terminate the eligibility of the dependent to be enrolled in the program. The Secretary shall exercise this authority only for a showing of good cause as determined by the Secretary or his representative for this purpose. The Secretary of Defense may remove the dependent from the program at any time for cause.'.
Subtitle D--Other Matters
SEC. 1020. NATIONAL GUARD CHALLENGE PROGRAM.
Section 509(b) of title 32, United States Code, is amended by striking `, except that Federal expenditures under the program may not exceed $50,000,000 for any fiscal year'.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 1997 projects.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Authorization, Drug Interdiction and Counter-Drug Activities.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Authorization, Drug Interdiction and Counter-Drug Activities.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Military housing improvement program.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Modification of authority to carry out certain fiscal year 1990 projects.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition projects.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1996 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1995 projects.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Sec. 2801. Limitation on certain projects; authority to carry out small projects with operation and maintenance funds.
Sec. 2802. Planning and design funds for military construction projects.
Subtitle B--Real Property and Facilities Administration
Sec. 2803. Utility privatization.
Sec. 2804. Authority to carry out former military housing Privatization projects with funds transferred to family housing construction.
Subtitle C--Defense Base Closure and Realignment
Sec. 2805. Establishment of environmental restoration accounts for base closure installations and formerly used defense sites.
SEC. 2001. SHORT TITLE.
This division may be cited as the `Military Construction Authorization Act for Fiscal Year 2000'.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 1997 projects.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES- Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(1), the Secretary of the Army may acquire real property and carry out military construction projects for the installations and locations inside the United States, and in the amounts, set forth in the following table:
Army: Inside the United States
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State Installation or location Amount
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Alaska Fort Richardson $14,600,000
Fort Wainwright $15,500,000
California Fort Irwin $13,400,000
Colorado Peterson Air Force Base $25,000,000
District of Columbia Fort McNair $1,250,000
Walter Reed Medical Center $6,800,000
Georgia Fort Benning $48,400,000
Fort Stewart/Hunter Army Air Field $3,500,000
Hunter Army Air Field $7,200,000
Hawaii Schofield Barracks $95,000,000
Kansas Fort Leavenworth $34,100,000
Kentucky Blue Grass Army Depot $212,800,000
Fort Campbell $36,900,000
Maryland Fort Meade $22,450,000
Massachusetts Westover Air Reserve Base $4,000,000
Missouri Fort Leonard Wood $10,600,000
North Carolina Fort Bragg $111,000,000
Sunny Point (MOTSU) $3,800,000
Oklahoma Fort Sill $13,200,000
McAlester Army Ammunition $16,600,000
Pennsylvania Carlisle Barracks $5,000,000
Letterkenny Army Depot $3,650,000
South Carolina Fort Jackson $7,400,000
Texas Fort Bliss $50,400,000
Fort Hood $68,000,000
Virginia Fort Belvoir $3,850,000
Fort Eustis $39,000,000
Fort Myer $2,900,000
Washington Fort Lewis $6,200,000
Yakima Training Center $17,200,000
CONUS Various CONUS Various $36,400,000
Total $936,100,000
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(b) OUTSIDE THE UNITED STATES- Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(2), the Secretary of the Army may acquire real property and carry out military construction projects for the locations outside the United States, and in the amounts, set forth in the following table:
Army: Outside the United States
---------------------------------------------
Country Installation or location Amount
---------------------------------------------
Germany Ansbach $21,000,000
Area Support Group $23,200,000
Mannheim $4,500,000
Korea Camp Casey $31,000,000
Camp Howze $3,050,000
Camp Stanley $3,650,000
Total $86,400,000
---------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION- Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(19)(A), the Secretary of the Army may construct or acquire family housing units (including land acquisition) at the installations, for the purposes, and in the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------
Korea Camp Humphreys 60 Units $24,000,000
Total $24,000,000
----------------------------------------------------
(b) PLANNING AND DESIGN- Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(19)(A), the Secretary of the Army may carryout architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,300,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in sections 2104(a)(19)(A), the Secretary of the Army may improve existing military family housing units in an amount not to exceed $32,600,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) IN GENERAL- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1999, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $1,768,086,000 as follows:
(1) For military construction projects inside the United States authorized by section 2101(a), $187,513,000.
(2) For the military construction projects outside the United States authorized by section 2101(b), $13,985,000.
(3) For a reduction in the amount of supervision, inspection and overhead included in the above authorization of appropriations, section 2104(a) (1) and (2) of this Act, $30,689,000.
(4) For the construction of the U.S. Disciplinary Barracks, Phase II, Fort Leavenworth, Kansas, authorized in section 2101(a) of the National Defense Authorization Act for Fiscal Year 1998 (division B of Public Law 105-85; 111 Stat. 1967), $18,800,000.
(5) For the construction of the Railhead Facility, Fort Hood, Texas, authorized in section 2101(a) of the National Defense Authorization Act for Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2182), $14,800,000.
(6) For the construction of the Power Plant, Roi Namur Island, Kwajalein Atoll, Kwajalein, authorized in section 2101(a) of the National Defense Authorization Act for Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2183), $35,400,000.
(7) For the construction of the Cadet Development Center, United States Military Academy, West Point, New York, authorized in section 2101(a) of the National Defense Authorization Act for Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2182), $28,500,000.
(8) For the construction of the Ammunition Demilitarization Facility, Anniston Army Depot, Alabama, authorized in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 1991 (division B of Public Law 101-510; Stat. 1758), as amended by section 2101(a) of the Military Construction Authorization Act for Fiscal Years 1992 and 1993 (division B of Public Law 102-190; 105 Stat. 1508); section 2101(a) of the Military Construction Authorization Act for Fiscal Year 1993 (division B of Public Law 102-484; 106 Stat. 2586); and section 2401 of the Military Construction Authorization Act for Fiscal Year 1995 (division B of Public Law 103-337, 108 Stat. 3040), $7,000,000.
(9) For the construction of the Ammunition Demilitarization Facility, Pine Bluff Arsenal, Arkansas, authorized in section 2401 of Military Construction Authorization Act for Fiscal Year 1995 (division B of Public Law 103-337; 108 Stat. 3040), as amended by section 2407 of the National Defense Authorization Act for Fiscal Year 1996 (division B of Public Law 104-106; 110 Stat. 539), section 2408 of the Military Construction Authorization Act for Fiscal Year 1998 (division B of Public Law 105-85; 111 Stat. 1982), and section 2406 of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2197), $61,800,000.
(10) For the construction of the Ammunition Demilitarization Facility, Umatilla Army Depot, Oregon, authorized in section 2401 of the Military Construction Authorization Act for Fiscal Year 1995 (division B of Public Law 103-337; 108 Stat. 3040), as amended by section 2407 of the Military Construction Authorization Act for Fiscal Year 1996 (division B of Public Law 104-106; 110 Stat. 539), section 2408 of the Military Construction Authorization Act for Fiscal Year 1998 (division B of Public Law 105-85; 111 Stat. 1982); and section 2406 of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2197), $35,900,000.
(11) For the construction of the Ammunition Demilitarization Facility, Aberdeen Proving Ground, Maryland, authorized in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2193), $66,600,000.
(12) For the construction of the Ammunition Demilitarization Facility at Newport Army Depot, Indiana, authorized in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2193), $61,200,000.
(13) For the construction of the Ammunition Demilitarization Facility, Pueblo Army Depot, Colorado, authorized in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104-201; 110 Stat. 2775), $11,800,000.
(14) For the construction of the Whole Barracks Complex Renewal, Fort Campbell, Kentucky, authorized in section 2101(a) of the Military Construction Authorization Act for Fiscal year 1999 (division B of Public Law 105-261; 112 Stat. 2182), $4,800,000.
(15) For the Construction of the Multi-Purpose Digital Training Range, Fort Knox, Kentucky, authorized in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2182), $2,400,000.
(16) For the construction of the Force XXI Soldier Development Center, Fort Hood, Texas, authorized in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105-85; 111 Stat. 1966), $14,000,000.
(17) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $9,500,000.
(18) For architectural and engineering services and construction design and supervision, inspection and overhead as follows:
(A) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $82,005,000.
(B) For supervision, inspection and overhead under section 2802 of title 10 United States Code $30,689,000.
(19) For military family housing functions:
(A) For construction and acquisition, planning and design and improvement of military family housing and facilities, $14,003,000.
(B) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $1,098,080,000.
(b) ADVANCE AUTHORIZATION OF APPROPRIATIONS- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2000, for completion of military construction and family housing projects authorized in sections 2101, 2102, and 2103, and subject to the same terms, as follows:
(1) For military construction projects authorized by section 2101, $659,536,000.
(2) For military family housing functions authorized by sections 2102(a) and 2103, $43,991,000.
(c) ADVANCE AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2001 Biennial Budget- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2000, for military construction and family housing projects authorized for fiscal year 2001, as follows:
(1) For military construction projects and land acquisition authorized for fiscal year 2001, $950,784,000.
(2) For military family housing functions authorized for fiscal year 2001, $1,018,264,000.
(d) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS- Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed $1,022,500,000.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 1997 PROJECTS.
The table in section 2401 of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104-201; 110 Stat.2775), under the agency heading relating to Chemical Weapons and Munitions Destruction, is amended in the item relating to Pueblo Chemical Activity, Colorado, by striking out `$179,000,000' in the amount column and inserting in lieu thereof `$203,500,000'.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Authorization, Drug Interdiction and Counter-Drug Activities .
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES- Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(1), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations and locations inside the United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
State Installation or location Amount
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona Marine Corps Air Station, Yuma Navy Detachment, Camp Navajo $17,020,000 $7,560,000
California Marine Corps Air-Ground Combat Center, Twentynine Palms $34,760,000
Marine Corps Base, Camp Pendleton Marine Corps Logistics Base, Barstow Marine Corps Recruit Depot, San Diego Naval Air Station, Lemoore Naval Air Station, North Island Naval Hospital, San Diego Naval Hospital, Twentynine Palms $31,660,000 $4,670,000 $3,200,000 $24,020,000 $54,420,000 $21,590,000 $7,640,000
Florida Naval Air Station, Whiting Field, Milton $4,750,000
Georgia Marine Corps Logistics Base, Albany $6,260,000
Hawaii Camp H.M. Smith Marine Corps Air Station, Kaneohe Bay Naval Shipyard, Pearl Harbor Naval Station, Pearl Harbor Naval Submarine Base, Pearl Harbor $86,050,000 $5,790,000 $10,610,000 $18,600,000 $29,460,000
Idaho Naval Surface Warfare Center, Bayview $10,040,000
Illinois Naval Training Center, Great Lakes $57,290,000
Maine Naval Air Station, Brunswick $16,890,000
Maryland Naval Surface Warfare Center, Indian Head $10,070,000
Mississippi Naval Construction Battalion Center Gulfport $19,170,000
New Jersey Naval Air Warfare Center Aircraft Division, Lakehurst $15,710,000
North Carolina Marine Corps Air Station, New River Marine Corps Base, Camp LeJeune $5,470,000 $21,380,000
Pennsylvania Navy Ships Parts Control Center, Mechanicsburg $2,990,000
South Carolina Naval Weapons Station, Charleston Marine Corps Air Station, Beaufort $7,640,000 $10,490,000
Virginia Marine Corps Combat Development Command, Quantico Naval Air Station, Oceana Naval Shipyard, Norfolk, Portsmouth Naval Station, Norfolk Naval Weapons Station, Yorktown Tactical Training Group Atlantic, Dam Neck $20,820,000 $11,490,000 $17,630,000 $69,550,000 $25,040,000 $10,310,000
Washington Naval Ordnance Center Pacific Division Detachment, Port $3,440,000 Hadlock
Puget Sound Naval Shipyard, Bremerton Strategic Weapons Facility Pacific, Bremerton $15,610,000 $6,300,000
Total $725,390,000
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(b) OUTSIDE THE UNITED STATES- Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the locations outside the United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
---------------------------------------------------------------
Country Installation or location Amount
---------------------------------------------------------------
Bahrain Administrative Support Unit, $83,090,000
Diego Garcia Naval Support Facility, Diego Garcia $8,150,000
Greece Naval Support Activity, Souda Bay $6,380,000
Italy Naval Support Activity, Naples $26,750,000
Total $124,370,000
---------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION- Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(7)(A), the Secretary of the Navy may construct or acquire family housing units (including land acquisition) at the installations, for the purposes, and in the amounts set forth in the following table:
Navy: Family Housing
--------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
--------------------------------------------------------------------------------------------------
Hawaii Marine Corps Air Station, Kaneohe Bay 100 Units $26,615,000
Naval Base Pearl Harbor Naval Base Pearl Harbor 133 Units 96 Units $30,168,000 $19,167,000
Total $75,950,000
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(b) PLANNING AND DESIGN- Using amounts appropriated pursuant to the authorization of appropriation in section 2204(a)(7)(A), the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of military family housing units in an amount not to exceed $17,715,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(7)(A), the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $153,250,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) IN GENERAL- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1999, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $1,284,394,000 as follows:
(1) For military construction projects inside the United States authorized by section 2201(a), $202,444,000.
(2) For military construction projects outside the United States authorized by section 2201(b), $31,680,000.
(3) for a reduction in the amount of supervision, inspection and overhead included in the above authorization of appropriations, section 2204(a)(1) and (2) of this act, ($6,178,000).
(4) For construction of Berthing Wharf (Incr. II), Naval Station Norfolk, Virginia, authorized in
section 2201(a) of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2187), $12,690,000.
(5) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $7,342,000.
(6) For architectural and engineering services and construction design and supervision, inspection and overhead as follows:
(A) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $65,630,000.
(B) For supervision, inspection and overhead under section 2802 of title 10 United States Code, $6,178,000.
(7) For military family housing functions:
(A) For construction and acquisition, planning and design and improvement of military family housing and facilities, $64,605,000.
(B) For support of military housing (including functions described in section 2833 of title 10, United States Code), $895,070,000.
(b) ADVANCE AUTHORIZATION OF APPROPRIATIONS- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2000, for completion of military construction and family housing projects authorized in sections 2201, 2202, and 2203, and subject to the same terms, as follows:
(1) For military construction projects, authorized by section 2201, $502,812,000.
(2) For military family housing functions authorized by sections 2202(a) and 2203, $171,167,000.
(c) ADVANCE AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2001 Biennial Budget- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2000, for military construction and family housing projects authorized for fiscal year 2001, as follows:
(1) For military construction projects and land acquisition authorized for fiscal year 2001, $760,019,000.
(2) For military family housing functions authorized for fiscal year 2001, $1,072,195,000.
(d) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS- Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed $849,760,000.
SEC. 2205. AUTHORIZATION, DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES.
Using amounts made available for that purpose in the Drug Interdiction and Counter-Drug Activities, Defense appropriation, the Secretary of the Navy , or such other Service Secretary as the Secretary of Defense later may designate may acquire real property and carry out a military construction project for a Forward Deployment Site in a location to be designated by the Secretary of Defense in the amount of $6,726,000.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Authorization, Drug Interdiction and Counter-Drug Activities.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES- Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(1), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations and locations inside the United States, and in the amounts, set forth in the following table:
Air Force: Inside the United States
-----------------------------------------------------------------------------------------------------------------------------------------------------------
State Installation or location Amount
-----------------------------------------------------------------------------------------------------------------------------------------------------------
Alaska Eielson Air Force Base Elmendorf Air Force Base $24,100,000 $32,800,000
Arizona Davis-Monthan Air Force Base $7,800,000
California Beale Air Force Base Travis Air Force Base $8,900,000 $7,500,000
Colorado Peterson Air Force Base Schriever Air Force Base U.S. Air Force Academy $33,000,000 $9,400,000$17,500,000
CONUS Classified Classified Location $16,870,000
Florida Eglin Air Force Base Eglin Auxiliary Field 9 MacDill Air Force Base Patrick Air Force Base $13,600,000 $18,800,000 $5,500,000 $17,800,000
Georgia Fort Benning Moody Air Force Base Robins Air Force Base $3,900,000 $3,200,000 $3,350,000
Hawaii Hickam Air Force Base $3,300,000
Idaho Mountain Home Air Force Base $17,000,000
Kansas McConnell Air Force Base $9,600,000
Kentucky Fort Campbell $6,300,000
Mississippi Keesler Air Force Base $27,000,000
Missouri Whiteman Air Force Base $24,900,000
Nebraska Offutt Air Force Base $8,300,000
Nevada Nellis Air Force Base $18,600,000
New Jersey McGuire Air Force Base $11,800,000
New York Rome Laboratory $12,800,000
North Carolina Fort Bragg Pope Air Force Base $4,600,000 $7,700,000
Ohio Wright-Patterson Air Force Base $17,600,000
Oklahoma Tinker Air Force Base $23,800,000
South Carolina Charleston Air Force Base $18,200,000
Tennessee Arnold Air Force Base $7,800,000
Texas Lackland Air Force Base Laughlin Air Force Base $13,400,000 $3,250,000
Utah Hill Air Force Base $4,600,000
Virginia Langley Air Force Base $6,300,000
Washington Fairchild Air Force Base McChord Air Force Base $4,500,000 $7,900,000
Total $483,270,000
-----------------------------------------------------------------------------------------------------------------------------------------------------------
(b) OUTSIDE THE UNITED STATES- Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(2), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations and locations outside the United States, and in the amounts, set forth in the following table:
Air Force: Outside the United States
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Country Installation or location Amount
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Guam Andersen Air Force Base $8,900,000
Italy Aviano Air Base $3,700,000
Korea Osan Air Base $19,600,000
Portugal Lajes Field, Azores $1,800,000
United Kingdom Ascension Island Royal Air Force Feltwell Royal Air Force Lakenheath Royal Air Force Mildenhall Royal Air Force Molesworth $2,150,000 $3,000,000 $18,200,000 $17,600,000 $1,700,000
Total $76,650,000
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SEC. 2302. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION- Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(6)(A), the Secretary of the Air Force may construct or acquire family housing units (including land acquisition) at the installations, for the purposes, and in the amounts set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona Davis-Monthan Air Force Base 64 Units $10,000,000
California Beale Air Force Base Edwards Air Force Base Vandenberg Air Force Base 60 Units 188 Units 91 Units $8,500,000 $32,790,000 $16,800,000
District of Columbia Bolling Air Force Base 72 Units $9,375,000
Florida Eglin Air Force Base MacDill Air Force Base 130 Units 54 Units $14,080,000 $9,034,000
Mississippi Columbus Air Force Base 100 Units $12,290,000
Montana Malmstrom Air Force Base 34 Units $7,570,000
Nebraska Offutt Air Force Base 72 Units $12,352,000
North Carolina Seymour Johnson Air Force Base 78 Units $12,187,000
North Dakota Grand Forks Air Force Base Minot Air Force Base 42 Units 72 Units $10,050,000 $10,756,000
Texas Lackland Air Force Base 48 Units $7,500,000
Portugal Lajes Field, Azores 75 Units $12,964,000
Total $186,248,000
----------------------------------------------------------------------------------------------------------------------------------------------------------
(b) PLANNING AND DESIGN- Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(6)(A), the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of military family housing units in an amount not to exceed $17,093,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, Unites States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(6)(A), the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $124,452,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) IN GENERAL- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1999, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $1,103,162,000 as follows:
(1) For military construction projects inside the United States authorized by section 2301(a), $122,362,000.
(2) For military construction projects outside the United States authorized by section 2301(b), $20,372,000.
(3) For a reduction in the amount of supervision, inspection and overhead included in the above authorization of appropriations, section 2304(a)(1) and (2) of this Act, $3,376,000.
(4) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $8,741,000.
(5) For architectural and engineering services and construction design and supervision, inspection and overhead costs as follows:
(A) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $28,004,000.
(B) For supervision, inspection and overhead under 2802 of title 10 United States Code, $3,376,000.
(6) For military housing functions:
(A) For construction and acquisition, planning and design and improvement of military family housing and facilities, $101,791,000.
(B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $821,892,000.
(b) ADVANCE AUTHORIZATION OF APPROPRIATIONS- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2000, for completion of military construction and family housing projects authorized in sections 2301, 2302, and 2303, and subject to the same terms, as follows:
(1) For military construction projects authorized by section 2301, $379,867,000.
(2) For military family housing functions authorized by sections 2302(a) and 2303, $215,222,000.
(c) ADVANCE AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2001 BIENNIAL BUDGET- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2000, for military construction and family housing projects authorized for fiscal year 2001, as follows:
(1) For military construction projects authorized for fiscal year 2001, $534,287,000.
(2) For military family housing functions authorized for fiscal year 2001, $1,062,806,000.
(d) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS- Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 of this Act may not exceed $559,920,000.
SEC. 2305. AUTHORIZATION, DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES.
Using amounts made available for that purpose in the Drug Interdiction and Counter-Drug Activities, Defense appropriation, the Secretary of the Air Force, or other Service Secretary as the Secretary of Defense later may designate may acquire real property and carry out military construction projects for Forward Deployment Sites in Ecuador, in the amount of $31,229,000, and in Curacao, in the amount of $4,880,000.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Military housing improvement program.
Sec. 2404. Energy conservation projects.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Modification of authority to carry out certain fiscal year 1990 projects.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES- Using amounts appropriated pursuant to the authorization of appropriations in section 2405(a)(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations and locations inside the United States, and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Agency Installation or location Amount
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Defense Education Activity Laurel Bay, South Carolina Marine Corps Base, Camp LeJeune, North Carolina $2,874,000
Defense Logistics Agency Defense Distribution New Cumberland--DDSPDFSC, Elmendorf Air Force Base, Alaska Eielson Air Force Base, Alaska Fairchild Air Force Base, Washington $5,000,000
Various Locations $8,900,000
National Security Agency Fort Meade, Maryland $2,946,000
Special Operations Command Fleet Combat Training Center, Dam Neck, Virginia Fort Benning, Georgia Fort Bragg, North Carolina $4,700,000
Mississippi Army Ammunition Plant, Mississippi $9,600,000
Naval Amphibious Base, Coronado, California $6,000,000
Tri-Care Management Agency Andrews Air Force Base, Maryland $3,000,000
Cheatham Annex, Virginia Davis-Monthan Air Force Base, Arizona $1,650,000
Fort Lewis, Washington $5,500,000
Fort Riley, Kansas $6,000,000
Fort Sam Houston, Texas $5,800,000
Fort Wainwright, Alaska Los Angeles Air Force Base, California $133,000,000
Marine Corps Air Station, Cherry Point, North Carolina $3,500,000
Moody Air Force Base, Georgia $1,250,000
Naval Air Station, Jacksonville, Florida $3,780,000
Naval Air Station, Norfolk, Virginia $4,050,000
Naval Air Station, Patuxent River, Maryland $4,150,000
Naval Air Station, Pensacola, Florida $4,300,000
Naval Air Station, Whidbey Island, Washington $4,700,000
Patrick Air Force Base, Florida $1,750,000
Travis Air Force Base, California $7,500,000
Wright-Patterson Air Force Base, Ohio $3,900,000
Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(b) OUTSIDE THE UNITED STATES- Using amounts appropriated pursuant to the authorization of appropriations in section 2405(a)(2), the Secretary of Defense may acquire real property and carry out military construction projects for the installations and locations outside the United States, and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------------------------------
Agency Installation or location Amount
------------------------------------------------------------------------------------------------
Defense Education Activity Andersen Air Force Base, Guam $44,170,000
Naval Station Rota, Spain $17,020,000
Royal Air Force, Feltwell, United Kingdom $4,570,000
Royal Air Force, Lakenheath, United Kingdom $3,770,000
Defense Logistics Agency Andersen Air Force Base, Guam $24,300,000
Moron Air Base, Spain $15,200,000
National Security Agency Royal Air Force, Menwith Hill Station, United Kingdom $500,000
Tri-Care Management Agency Naval Security Group Activity, Sabana Seca, Puerto Rico $4,000,000
Ramstein Air Force Base, Germany $7,100,000
Royal Air Force, Lakenheath, United Kingdom $7,100,000
Yongsan, Korea $41,120,000
Total $168,850,000
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SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriation in section 2405(a)(8)(A), the Secretary of Defense may improve existing military family housing units in an amount not to exceed $50,000.
SEC. 2403. MILITARY HOUSING IMPROVEMENT PROGRAM.
Of the amount authorized to be appropriated pursuant to section 2405(a)(8)(C), $78,756,000 shall be available for credit to the Department of Defense Family Housing Fund established by section 2883(a)(1) of title 10, United States Code.
SEC. 2404. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2405(a)(6), the Secretary of Defense may carry out energy conservation projects under section 2865 of title 10, United States Code, in the amount of $31,900,000.
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) IN GENERAL- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1999, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), in the total amount of $1,019,162,000 as follows:
(1) For military construction projects inside the United States authorized by section 2401(a), $94,083,000.
(2) For military construction projects outside the United States authorized by section 2401(b), $39,484,000.
(3) For unspecified minor construction projects under section 2805 of title 10, United States Code, $18,618,000.
(4) For contingency construction projects of the Secretary of Defense under section 2804 of title 10, United States Code, $938,000.
(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $33,324,000.
(6) For Energy Conservation projects authorized by section 2404 of this Act, $6,558,000.
(7) For base closure and realignment activities as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), $705,911,000.
(8) For military family housing functions:
(A) For improvement of military family housing and facilities, $50,000.
(B) For support of military housing (including functions described in section 2833 of title 10, United States Code), $41,440,000 of which not more than $35,639,000 may be obligated or expended for the leasing of military family housing units worldwide.
( C) For credit to the Department of Defense Family Housing Improvement Fund as authorized by section 2403 of this Act, $78,756,000.
(b) ADVANCE AUTHORIZATION OF APPROPRIATIONS- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2000, as follows:
(1) For completion of military construction projects authorized in section 2401, and subject to the same terms, as follows, $337,900,000.
(2) For the completion of base closure and realignment activities as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), commenced in fiscal year 2000, $577,306,000.
(c) ADVANCE AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2001 BIENNIAL BUDGET- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2000, for military construction and family housing projects authorized for fiscal year 2001, as follows:
(1) For military construction projects and land acquisition authorized for fiscal year 2001, $789,559,000.
(2) For military family housing functions authorized for fiscal year 2001, $43,313,000.
(3) For base realignment and closure as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), $1,009,329,000.
(4) For credit to the Department of Defense Family Housing Improvement Fund, $175,367,000.
(d) LIMITATION OF TOTAL COST OF CONSTRUCTION PROJECTS- Notwithstanding the cost variation authorized by section 2853 of title 10, United States Code, and any other cost variations authorized by law, the total cost of all projects carried out under section 2401 of this Act may not exceed $557,070,000.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Sec. 2503. Advance authorization of appropriations, NATO.
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1999, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501, in the amount of $191,000,000.
SEC. 2503. ADVANCE AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2001 BIENNIAL BUDGET.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2000, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program, in the amount of $198,000,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized guard and reserve construction and land acquisition projects.
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) IN GENERAL- There are authorized to be appropriated for fiscal years beginning after September 30, 1999, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States, $16,045,000; and
(B) for the Army Reserve, $23,120,000.
(2) For the Department of the Navy, for the Naval and Marine Corps Reserve, $4,933,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States, $21,319,000; and
(B) for the Air Force Reserve, $12,155,000.
(b) ADVANCE AUTHORIZATION OF APPROPRIATIONS- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2000, for completion of military construction projects, authorized by subsection (a), and for other authorized purposes as follows:
(1) For the Department of the Army:
(A) For the Army National Guard of the United States, $41,357,000.
(B) For the Army Reserve, $54,506,000.
(2) For the Department of the Navy, for the Naval and Marine Corps Reserve, $10,020,000.
(3) For the Department of the Air Force:
(A) For the Air National Guard of the United States, $51,981,00.
(B) For the Air Force Reserve, $15,165,000.
(c) ADVANCE AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2001 BIENNIAL BUDGET- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2000, for military construction projects authorized for fiscal year 2001, as follows:
(1) For the Department of the Army:
(A) For the Army National Guard of the United States, $48,000,000.
(B) For the Army Reserve, $88,388,000.
(2) For the Department of the Navy, for the Naval and Marine Corps Reserve, $20,000,000.
(3) For the Department of the Air Force:
(A) For the Air National Guard of the United States, $56,625,000.
(B) For the Air Force Reserve, $20,014,000.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1996 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1995 projects.
Sec. 2704. Effective date.
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE SPECIFIED BY LAW.
(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS- Except as provided in subsection (b), all authorizations contained in titles XXI through XXVI for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment program (and authorizations of appropriations therefor) shall expire on the later of--
(2) the date for the enactment of an Act authorizing funds for military construction for fiscal year 2003.
(b) EXCEPTION- Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of--
(2) the date of the enactment of an Act authorizing funds for fiscal year 2003 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment program.
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1997 PROJECTS.
(a) EXTENSIONS- Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104-201, 110 Stat. 2782), authorizations for the projects set forth in the tables in subsection (b), as provided in sections 2101 and 2601 and subsection (a) of section 2202 of that Act, shall remain in effect until October 1, 2000, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2001, whichever is later.
(b) TABLES- The tables referred to in subsection (a) are as follows:
Army: Extension of 1997 Project Authorizations
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State Installation or location Project Amount
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Colorado Pueblo Army Depot Ammunition Demilitarization Facility $179,000,000
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Navy: Extension of 1997 Project Authorizations
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State Installation or location Project Amount
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Florida Mayport FH New Construction--100 Units $10,000,000
Maine Brunswick FH Replacement Construction, Ph I--72 Units 10,925,000
North Carolina Camp Lejuene FH New Construction--94 Units 10,110,000
South Carolina Beaufort FH New Construction--140 Units 14,000,000
Texas Corpus Christi FH Replacement Construction--104 Units 11,675,000
Kingsville FH Replacement Construction, Ph I--48 Units 7,550,000
Washington Everett FH New Construction--100 Units 15,015,000
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Army: National Guard: Extension of 1997 Project Authorizations
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State Installation or location Project Amount
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Mississippi Camp Shelby Multi-Purpose Range (PHII) 5,000,000
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SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 1996 PROJECTS.
(a) EXTENSIONS- Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 1996 (division B of Public Law 104-106, 110 Stat. 541), authorizations for the projects set forth in the tables in subsection (a) as provided in section 2202 and subsection (b), as provided in section 2601 of that Act, shall remain in effect until October 1, 2000, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2001, whichever is later.
(b) TABLES- The tables referred to in subsection (a) are as follows:
Navy: Extension of 1996 Project Authorizations
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State Installation or location Project Amount
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California Camp Pendleton FH Construction--138 Units $20,000,000
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Army National Guard: Extension of 1996 Project Authorizations
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State Installation or location Project Amount
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Missouri Jefferson City Baffled Range $2,236,000
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SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on the later of--
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
SEC. 2801. LIMITATION ON CERTAIN PROJECTS; AUTHORITY TO CARRY OUT SMALL PROJECTS WITH OPERATION AND MAINTENANCE FUNDS.
(a) UNSPECIFIED MINOR CONSTRUCTION FUNDS FOR LIFE, HEALTH, OR SAFETY THREATS- Subsection (a)(2) of Section 18233a of title 10, United States Code, is amended by adding the following subparagraph (C) at the end thereof:
`(C) Minor construction projects that have an approved cost equal to or less than $3,000,000, provided that they are intended solely to correct a deficiency that is life-threatening, health-threatening, or safety-threatening.'.
(b) OPERATION AND MAINTENANCE FUNDS FOR LIFE, HEALTH, OR SAFETY THREATS- Paragraph (b) of Section 18233a of title 10, United States Code, is amended by inserting the following at the end thereof: `For projects intended solely to correct a deficiency that is life-threatening, health-threatening, or safety-threatening, $1,000,000 or less may be spent from available operations and maintenance appropriations.'.
SEC. 2802. PLANNING AND DESIGN FUNDS FOR MILITARY CONSTRUCTION PROJECTS.
Subsection (f)(1) of Section 18233 of title 10, United States Code is amended by inserting `and design' immediately following `planning'.
Subtitle B--Real Property and Facilities Administration
SEC. 2803. UTILITY PRIVATIZATION.
Section 2688 of title 10, United States Code, is amended by adding at the end the following new paragraphs:
`(i) EXTENDED CONTRACTS FOR UTILITY SERVICES- Notwithstanding section 201(a)(3) of the Federal Property and Administrative Services Act (40 U.S.C. 481(a)(3)), the Secretary may, in connection with a conveyance of a utility system under this section, enter into a contract for utility services for a period not to exceed fifty years.
`(j) FUNDING SOURCES- Any Military Construction funds authorized and appropriated for a construction, repair, or replacement project of a utility system may be used, in place of such construction, repair, or replacement project, to facilitate the conveyance of such utility system under this section. Facilitating the conveyance of a utility system shall only consist of contributing to the cost of construction, repair, or replacement of the utility system by the entity to which it is being conveyed. Any such contribution shall be considered in the economic analysis required under subsection (e)(1).'.
SEC. 2804. AUTHORITY TO CARRY OUT FORMER MILITARY HOUSING PRIVATIZATION PROJECTS WITH FUNDS TRANSFERRED TO FAMILY HOUSING CONSTRUCTION.
(a) IN GENERAL- Subchapter II of Chapter 169, title 10, United States Code, is amended by inserting after section 2837 the following new section:
`Sec. 2838. Authority to carry out former military housing privatization projects
`(a) AUTHORITY- Subject to subsection (b), the Secretary concerned may construct or acquire family housing units (including land acquisition) not otherwise authorized if (1) Congress had previously appropriated funds into the Family Housing Improvement Fund established by section 2883(a)(1) of this title, for such housing units and (2) funds for such units have been transferred, pursuant to authority provided in an appropriations Act, from the Family Housing Improvement Fund into a Family Housing account.
`(b) CONGRESSIONAL NOTIFICATION- When a decision is made to construct or acquire family housing units under this section, the Secretary concerned shall submit a report in writing to the appropriate committees of Congress on that decision. Each such report shall include (1) the justification for the housing project and the current estimate of the cost of the project; and (2) the justification for carrying out the housing project under this section as opposed to under the Military Housing Privatization Initiative (10 U.S.C. Sec. 2871-2885). The housing project may then be carried out only after the end of the 21-day period beginning on the date the notification is received by such committees.'.
(b) CLERICAL AMENDMENT- The table of sections at the beginning of such Subchapter is amended by inserting after the item relating to section 2837 the following new item:
`2838. Authority to Carry Out Former Military Housing Privatization Projects.'.
Subtitle C--Defense Base Closure and Realignment
SEC. 2805. ESTABLISHMENT OF ENVIRONMENTAL RESTORATION ACCOUNTS FOR BASE CLOSURE INSTALLATIONS AND FORMERLY USED DEFENSE SITES.
(a) ENVIRONMENTAL RESTORATION ACCOUNT FOR FORMERLY USED DEFENSE SITES- Section 2703 of title 10, United States Code, is amended by adding at the end of subsection (a) the following new paragraph (5):
`(5) An account to be known as the `Environmental Restoration Account, Formerly Used Defense Sites.'.
(b) ENVIRONMENTAL RESTORATION ACCOUNT FOR BASE CLOSURE INSTALLATIONS- Section 2703 of title 10, United States Code, is amended--
(1) by adding at the end of subsection (a) the following new paragraph (6):
`(6) An account to be known as the `Environmental Restoration Account, Base Realignment and Closure.'; and
(2) by adding at the end the following new subsections:
`(f) BASE REALIGNMENT AND CLOSURE ACCOUNT- The Environmental Restoration Account, Base Realignment and Closure shall be the exclusive source of funds for carrying out environmental restoration and mitigation activities required as the result of a closure or realignment of a military installation pursuant to a base closure law.
`(g) BASE CLOSURE LAW DEFINED- For purposes of this section, the term `base closure law' means the following:
`(1) The Defense Base Closure and Realignment Act of 1990, as amended (Div. B. title XXIX of Public Law 101-510; 10 U.S.C. Sec. 2687 note).'.
`(2) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act, as amended (Public Law 100-526; 10 U.S.C. Sec. 2687 note).'.
(c) TRANSFER OF FUNDS- The Secretary of Defense may transfer from the Department of Defense Base Closure Account 1990, established in section 2906 of the Defense Base Closure and Realignment Act of 1990, as amended (Div. B. title XXIX of Public Law 101-510; 10 U.S.C. Sec. 2687 note), into the Environmental Restoration Account, Base Realignment and Closure, established in subsection (b) of this provision, such amounts as he determines to be necessary in order to carry out activities described in subsection 2703(f) of title 10, United States Code, as added by this section.
(d) FUNDING OF ADMINISTRATIVE EXPENSES AND TECHNICAL ASSISTANCE- Section 2705(g) is amended to read as follows:
`(g) FUNDING- (1) Except as provided in paragraph (2), the accounts established in section 2703(a) shall be available for administrative expenses and technical assistance under this section.
`(2) In the case of an installation approved for realignment or closure under a base closure law, to the extent that such base closure law provides for the funding of environmental restoration costs at such installation from an account established for purposes of carrying out base realignments and closures, such account shall also be available for administrative expenses and technical assistance under this section with respect to such installation.'.
(e) CONFORMING AMENDMENT- Section 2906(e) of the Defense Base Closure and Realignment Act of 1990, as amended (Div. B. title XXIX of Public Law 101-510; 10 U.S.C. Sec. 2687 note) is repealed.
(f) EFFECTIVE DATE- This section shall take effect upon enactment, except that subsections (b), (c), and (e) shall become effective on October 1, 2000.
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