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PUBLIC LAW 106–65—OCT. 5, 1999

NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 2000

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113 STAT. 512

PUBLIC LAW 106–65—OCT. 5, 1999

Public Law 106–65
106th Congress
An Act
Oct. 5, 1999
[S. 1059]

National Defense
Authorization
Act for Fiscal
Year 2000.

To authorize appropriations for fiscal year 2000 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the
Armed Forces, and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘National Defense Authorization
Act for Fiscal Year 2000’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

(a) DIVISIONS.—This Act is organized into three divisions as
follows:
(1) Division A—Department of Defense Authorizations.
(2) Division B—Military Construction Authorizations.
(3) Division C—Department of Energy National Security
Authorizations and Other Authorizations.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.

DIVISION A—DEPARTMENT OF DEFENSE
AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

101.
102.
103.
104.
105.
106.
107.
108.

Army.
Navy and Marine Corps.
Air Force.
Defense-wide activities.
Reserve components.
Defense Inspector General.
Chemical demilitarization program.
Defense health programs.

Subtitle B—Army Programs
Multiyear procurement authority for certain Army programs.
Procurement requirements for the Family of Medium Tactical Vehicles.
Army aviation modernization.
Multiple Launch Rocket System.
Extension of pilot program on sales of manufactured articles and services
of certain Army industrial facilities without regard to availability from
domestic sources.
Sec. 116. Extension of authority to carry out Armament Retooling and Manufacturing Support Initiative.
Sec.
Sec.
Sec.
Sec.
Sec.

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111.
112.
113.
114.
115.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 513

Subtitle C—Navy Programs
Sec. 121. F/A–18E/F Super Hornet aircraft program.
Sec. 122. Arleigh Burke class destroyer program.
Sec. 123. Repeal of requirement for annual report from shipbuilders under certain
nuclear attack submarine programs.
Sec. 124. LHD–8 amphibious assault ship program.
Sec. 125. D–5 missile program.
Subtitle D—Air Force Programs
Sec. 131. F–22 aircraft program.
Sec. 132. Replacement options for conventional air-launched cruise missile.
Sec. 133. Procurement of firefighting equipment for the Air National Guard and the
Air Force Reserve.
Sec. 134. F–16 tactical manned reconnaisance aircraft.
Subtitle E—Chemical Stockpile Destruction Program
Sec. 141. Destruction of existing stockpile of lethal chemical agents and munitions.
Sec. 142. Comptroller General report on anticipated effects of proposed changes in
operation of storage sites for lethal chemical agents and munitions.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Collaborative program to evaluate and demonstrate advanced technologies for advanced capability combat vehicles.
Sec. 212. Sense of Congress regarding defense science and technology program.
Sec. 213. Micro-satellite technology development program.
Sec. 214. Space control technology.
Sec. 215. Space maneuver vehicle program.
Sec. 216. Manufacturing technology program.
Sec. 217. Revision to limitations on high altitude endurance unmanned vehicle program.
Subtitle C—Ballistic Missile Defense
Sec. 231. Space Based Infrared System (SBIRS) low program.
Sec. 232. Theater missile defense upper tier acquisition strategy.
Sec. 233. Acquisition strategy for Theater High-Altitude Area Defense (THAAD)
system.
Sec. 234. Space-based laser program.
Sec. 235. Criteria for progression of airborne laser program.
Sec. 236. Sense of Congress regarding ballistic missile defense technology funding.
Sec. 237. Report on national missile defense.
Subtitle D—Research and Development for Long-Term Military Capabilities
Sec. 241. Quadrennial report on emerging operational concepts.
Sec. 242. Technology area review and assessment.
Sec. 243. Report by Under Secretary of Defense for Acquisition, Technology, and
Logistics.
Sec. 244. DARPA program for award of competitive prizes to encourage development of advanced technologies.
Sec. 245. Additional pilot program for revitalizing Department of Defense laboratories.
Subtitle E—Other Matters
Sec. 251. Development of Department of Defense laser master plan and execution
of solid state laser program.
Sec. 252. Report on Air Force distributed mission training.
TITLE III—OPERATION AND MAINTENANCE
Sec.
Sec.
Sec.
Sec.
Sec.

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301.
302.
303.
304.
305.

Subtitle A—Authorization of Appropriations
Operation and maintenance funding.
Working capital funds.
Armed Forces Retirement Home.
Transfer from National Defense Stockpile Transaction Fund.
Transfer to Defense Working Capital Funds to support Defense Commissary Agency.

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113 STAT. 514
Sec.
Sec.
Sec.
Sec.

PUBLIC LAW 106–65—OCT. 5, 1999
Subtitle B—Program Requirements, Restrictions, and Limitations
311. Armed Forces Emergency Services.
312. Replacement of nonsecure tactical radios of the 82nd Airborne Division.
313. Large medium-speed roll-on/roll-off (LMSR) program.
314. Contributions for Spirit of Hope endowment fund of United Service Organizations, Incorporated.

Subtitle C—Environmental Provisions
Sec. 321. Extension of limitation on payment of fines and penalties using funds in
environmental restoration accounts.
Sec. 322. Modification of requirements for annual reports on environmental compliance activities.
Sec. 323. Defense environmental technology program and investment control process for environmental technologies.
Sec. 324. Modification of membership of Strategic Environmental Research and Development Program Council.
Sec. 325. Extension of pilot program for sale of air pollution emission reduction incentives.
Sec. 326. Reimbursement for certain costs in connection with Fresno Drum Superfund Site, Fresno, California.
Sec. 327. Payment of stipulated penalties assessed under CERCLA in connection
with F.E. Warren Air Force Base, Wyoming.
Sec. 328. Remediation of asbestos and lead-based paint.
Sec. 329. Release of information to foreign countries regarding any environmental
contamination at former United States military installations in those
countries.
Sec. 330. Toussaint River ordnance mitigation study.
Subtitle D—Depot-Level Activities
Sec. 331. Sales of articles and services of defense industrial facilities to purchasers
outside the Department of Defense.
Sec. 332. Contracting authority for defense working capital funded industrial facilities.
Sec. 333. Annual reports on expenditures for performance of depot-level maintenance and repair workloads by public and private sectors.
Sec. 334. Applicability of competition requirement in contracting out workloads performed by depot-level activities of Department of Defense.
Sec. 335. Treatment of public sector winning bidders for contracts for performance
of depot-level maintenance and repair workloads formerly performed at
certain military installations.
Sec. 336. Additional matters to be reported before prime vendor contract for depotlevel maintenance and repair is entered into.
Subtitle E—Performance of Functions by Private-Sector Sources
Sec. 341. Reduced threshold for consideration of effect on local community of changing defense functions to private sector performance.
Sec. 342. Congressional notification of A–76 cost comparison waivers.
Sec. 343. Report on use of employees of non-Federal entities to provide services to
Department of Defense.
Sec. 344. Evaluation of Total System Performance Responsibility Program.
Sec. 345. Sense of Congress regarding process for modernization of Army computer
services.
Subtitle F—Defense Dependents Education
Sec. 351. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.
Sec. 352. Unified school boards for all Department of Defense domestic dependent
schools in the Commonwealth of Puerto Rico and Guam.
Sec. 353. Continuation of enrollment at Department of Defense domestic dependent
elementary and secondary schools.
Sec. 354. Technical amendments to Defense Dependents’ Education Act of 1978.
Subtitle G—Military Readiness Issues
Sec. 361. Independent study of military readiness reporting system.
Sec. 362. Independent study of Department of Defense secondary inventory and
parts shortages.
Sec. 363. Report on inventory and control of military equipment.
Sec. 364. Comptroller General study of adequacy of Department restructured
sustainment and reengineered logistics product support practices.
Sec. 365. Comptroller General review of real property maintenance and its effect on
readiness.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 515

Sec. 366. Establishment of logistics standards for sustained military operations.
Subtitle H—Information Technology Issues
Sec. 371. Discretionary authority to install telecommunication equipment for persons performing voluntary services.
Sec. 372. Authority for disbursing officers to support use of automated teller machines on naval vessels for financial transactions.
Sec. 373. Use of Smart Card technology in the Department of Defense.
Sec. 374. Report on Defense use of Smart Card as PKI authentication device carrier.
Subtitle I—Other Matters
Sec. 381. Authority to lend or donate obsolete or condemned rifles for funeral and
other ceremonies.
Sec. 382. Extension of warranty claims recovery pilot program.
Sec. 383. Preservation of historic buildings and grounds at United States Soldiers’
and Airmen’s Home, District of Columbia.
Sec. 384. Clarification of land conveyance authority, United States Soldiers’ and
Airmen’s Home.
Sec. 385. Treatment of Alaska, Hawaii, and Guam in Defense household goods
moving programs.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Subtitle B—Reserve Forces
End strengths for Selected Reserve.
End strengths for Reserves on active duty in support of the Reserves.
End strengths for military technicians (dual status).
Increase in numbers of members in certain grades authorized to be on active duty in support of the Reserves.
Sec. 415. Selected Reserve end strength flexibility.
Sec.
Sec.
Sec.
Sec.

411.
412.
413.
414.

Subtitle C—Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Temporary authority for recall of retired aviators.
Sec. 502. Increase in maximum number of officers authorized to be on active-duty
list in frocked grades of brigadier general and rear admiral (lower half).
Sec. 503. Reserve officers requesting or otherwise causing nonselection for promotion.
Sec. 504. Minimum grade of officers eligible to serve on boards of inquiry.
Sec. 505. Minimum selection of warrant officers for promotion from below the promotion zone.
Sec. 506. Increase in threshold period of active duty for applicability of restriction
on holding of civil office by retired regular officers and reserve officers.
Sec. 507. Exemption of retiree council members from recalled retiree limits.
Sec. 508. Technical amendments relating to joint duty assignments.
Sec. 509. Three-year extension of requirement for competition for joint 4-star officer
positions.
Subtitle B—Reserve Component Personnel Policy
Sec. 511. Continuation of officers on reserve active-status list to complete disciplinary action.
Sec. 512. Authority to order reserve component members to active duty to complete
a medical evaluation.
Sec. 513. Exclusion of reserve officers on educational delay from eligibility for consideration for promotion.
Sec. 514. Extension of period for retention of reserve component majors and lieutenant commanders who twice fail of selection for promotion.
Sec. 515. Computation of years of service exclusion.
Sec. 516. Retention of reserve component chaplains until age 67.
Sec. 517. Expansion and codification of authority for space-required travel on military aircraft for reserves performing inactive-duty training outside the
continental United States.

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113 STAT. 516
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

PUBLIC LAW 106–65—OCT. 5, 1999
521.
522.
523.
524.
525.
526.
527.

Subtitle C—Military Technicians
Revision to military technician (dual status) law.
Civil service retirement of technicians.
Revision to non-dual status technicians statute.
Revision to authorities relating to National Guard technicians.
Effective date.
Secretary of Defense review of Army technician costing process.
Fiscal year 2000 limitation on number of non-dual status technicians.

Subtitle D—Service Academies
Sec. 531. Strength limitations at the service academies.
Sec. 532. Superintendents of the service academies.
Sec. 533. Dean of Academic Board, United States Military Academy and Dean of
the Faculty, United States Air Force Academy.
Sec. 534. Waiver of reimbursement of expenses for instruction at service academies
of persons from foreign countries.
Sec. 535. Expansion of foreign exchange programs of the service academies.
Subtitle E—Education and Training
Sec. 541. Establishment of a Department of Defense international student program
at the senior military colleges.
Sec. 542. Authority for Army War College to award degree of master of strategic
studies.
Sec. 543. Authority for Air University to confer graduate-level degrees.
Sec. 544. Reserve credit for participation in health professions scholarship and financial assistance program.
Sec. 545. Permanent authority for ROTC scholarships for graduate students.
Sec. 546. Increase in monthly subsistence allowance for Senior ROTC cadets selected for advanced training.
Sec. 547. Contingent funding increase for Junior ROTC program.
Sec. 548. Change from annual to biennial reporting under the reserve component
Montgomery GI bill.
Sec. 549. Recodification and consolidation of statutes denying Federal grants and
contracts by certain departments and agencies to institutions of higher
education that prohibit Senior ROTC units or military recruiting on
campus.
Sec. 550. Accrual funding for Coast Guard Montgomery GI bill liabilities.
Subtitle F—Reserve Component Management
Sec. 551. Financial assistance program for pursuit of degrees by officer candidates
in Marine Corps Platoon Leaders Class program.
Sec. 552. Options to improve recruiting for the Army Reserve.
Sec. 553. Joint duty assignments for reserve component general and flag officers.
Sec. 554. Grade of chiefs of reserve components and additional general officers at
the National Guard Bureau.
Sec. 555. Duties of Reserves on active duty in support of the Reserves.
Sec. 556. Repeal of limitation on number of Reserves on full-time active duty in
support of preparedness for responses to emergencies involving weapons
of mass destruction.
Sec. 557. Establishment of Office of the Coast Guard Reserve.
Sec. 558. Report on use of National Guard facilities and infrastructure for support
of provision of services to veterans.
Subtitle G—Decorations, Awards, and Commendations
Sec. 561. Waiver of time limitations for award of certain decorations to certain persons.
Sec. 562. Authority for award of Medal of Honor to Alfred Rascon for valor during
the Vietnam conflict.
Sec. 563. Elimination of current backlog of requests for replacement of military
decorations.
Sec. 564. Retroactive award of Navy Combat Action Ribbon.
Sec. 565. Sense of Congress concerning Presidential Unit Citation for crew of the
U.S.S. Indianapolis.
Subtitle H—Matters Related to Recruiting
Sec. 571. Access to secondary school students for military recruiting purposes.
Sec. 572. Increased authority to extend delayed entry period for enlistments of persons with no prior military service.
Sec. 573. Army College First pilot program.
Sec. 574. Use of recruiting materials for public relations purposes.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 517

Subtitle I—Matters Relating to Missing Persons
Sec. 575. Nondisclosure of debriefing information on certain missing persons previously returned to United States control.
Sec. 576. Recovery and identification of remains of certain World War II servicemen lost in Pacific Theater of Operations.
Subtitle J—Other Matters
Sec. 577. Authority for special courts-martial to impose sentences to confinement
and forfeitures of pay of up to one year.
Sec. 578. Funeral honors details for funerals of veterans.
Sec. 579. Purpose and funding limitations for National Guard Challenge program.
Sec. 580. Department of Defense Starbase program.
Sec. 581. Survey of members leaving military service on attitudes toward military
service.
Sec. 582. Service review agencies covered by professional staffing requirement.
Sec. 583. Participation of members in management of organizations abroad that
promote international understanding.
Sec. 584. Support for expanded child care services and youth program services for
dependents.
Sec. 585. Report and regulations on Department of Defense policies on protecting
the confidentiality of communications with professionals providing
therapeutic or related services regarding sexual or domestic abuse.
Sec. 586. Members under burdensome personnel tempo.
Subtitle K—Domestic Violence
Sec. 591. Defense task force on domestic violence.
Sec. 592. Incentive program for improving responses to domestic violence involving
members of the Armed Forces and military family members.
Sec. 593. Uniform Department of Defense policies for responses to domestic violence.
Sec. 594. Central Department of Defense database on domestic violence incidents.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Fiscal year 2000 increase in military basic pay and reform of basic pay
rates.
Sec. 602. Pay increases for fiscal years 2001 through 2006.
Sec. 603. Additional amount available for fiscal year 2000 increase in basic allowance for housing inside the United States.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonuses and special pay authorities for reserve
forces.
Sec. 612. Extension of certain bonuses and special pay authorities for nurse officer
candidates, registered nurses, and nurse anesthetists.
Sec. 613. Extension of authorities relating to payment of other bonuses and special
pays.
Sec. 614. Amount of aviation career incentive pay for air battle managers.
Sec. 615. Expansion of authority to provide special pay to aviation career officers
extending period of active duty.
Sec. 616. Additional special pay for board certified veterinarians in the Armed
Forces and Public Health Service.
Sec. 617. Diving duty special pay.
Sec. 618. Reenlistment bonus.
Sec. 619. Enlistment bonus.
Sec. 620. Selected Reserve enlistment bonus.
Sec. 621. Special pay for members of the Coast Guard Reserve assigned to high priority units of the Selected Reserve.
Sec. 622. Reduced minimum period of enlistment in Army in critical skill for eligibility for enlistment bonus.
Sec. 623. Eligibility for reserve component prior service enlistment bonus upon attaining a critical skill.
Sec. 624. Increase in special pay and bonuses for nuclear-qualified officers.
Sec. 625. Increase in maximum monthly rate authorized for foreign language proficiency pay.
Sec. 626. Authorization of retention bonus for special warfare officers extending periods of active duty.
Sec. 627. Authorization of surface warfare officer continuation pay.
Sec. 628. Authorization of career enlisted flyer incentive pay.

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113 STAT. 518

PUBLIC LAW 106–65—OCT. 5, 1999

Sec. 629. Authorization of judge advocate continuation pay.
Subtitle C—Travel and Transportation Allowances
Sec. 631. Provision of lodging in kind for Reservists performing training duty and
not otherwise entitled to travel and transportation allowances.
Sec. 632. Payment of temporary lodging expenses for members making their first
permanent change of station.
Sec. 633. Destination airport for emergency leave travel to continental United
States.
Subtitle D—Retired Pay Reform
Sec. 641. Redux retired pay system applicable only to members electing new 15year career status bonus.
Sec. 642. Authorization of 15-year career status bonus.
Sec. 643. Conforming amendments.
Sec. 644. Effective date.
Subtitle E—Other Matters Relating to Military Retirees and Survivors
Sec. 651. Repeal of reduction in retired pay for military retirees employed in civilian positions.
Sec. 652. Presentation of United States flag to retiring members of the uniformed
services not previously covered.
Sec. 653. Disability retirement or separation for certain members with pre-existing
conditions.
Sec. 654. Credit toward paid-up SBP coverage for months covered by make-up premium paid by persons electing SBP coverage during special open enrollment period.
Sec. 655. Paid-up coverage under Retired Serviceman’s Family Protection Plan.
Sec. 656. Extension of authority for payment of annuities to certain military surviving spouses.
Sec. 657. Effectuation of intended SBP annuity for former spouse when not elected
by reason of untimely death of retiree.
Sec. 658. Special compensation for severely disabled uniformed services retirees.
Subtitle F—Eligibility To Participate in the Thrift Savings Plan
Sec. 661. Participation in Thrift Savings Plan.
Sec. 662. Special retention initiative.
Sec. 663. Effective date.
Subtitle G—Other Matters
Sec. 671. Payment for unused leave in conjunction with a reenlistment.
Sec. 672. Clarification of per diem eligibility for military technicians (dual status)
serving on active duty without pay outside the United States.
Sec. 673. Annual report on effects of initiatives on recruitment and retention.
Sec. 674. Overseas special supplemental food program.
Sec. 675. Tuition assistance for members deployed in a contingency operation.
Sec. 676. Administration of Selected Reserve education loan repayment program for
Coast Guard Reserve.
Sec. 677. Sense of Congress regarding treatment under Internal Revenue Code of
members receiving hostile fire or imminent danger special pay during
contingency operations.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—Health Care Services
Sec. 701. Pharmacy benefits program.
Sec. 702. Provision of chiropractic health care.
Sec. 703. Provision of domiciliary and custodial care for certain CHAMPUS beneficiaries.
Sec. 704. Enhancement of dental benefits for retirees.
Sec. 705. Medical and dental care for certain members incurring injuries on inactive-duty training.
Sec. 706. Health care at former uniformed services treatment facilities for active
duty members stationed at certain remote locations.
Sec. 707. Open enrollment demonstration program.
Subtitle B—TRICARE Program
Sec. 711. Expansion and revision of authority for dental programs for dependents
and reserves.
Sec. 712. Improvement of access to health care under the TRICARE program.

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PUBLIC LAW 106–65—OCT. 5, 1999
Sec.
Sec.
Sec.
Sec.

713.
714.
715.
716.

Sec.
Sec.
Sec.
Sec.

721.
722.
723.
724.

Sec.
Sec.
Sec.
Sec.

725.
726.
727.
728.

113 STAT. 519

Improvements to claims processing under the TRICARE program.
Authority to waive certain TRICARE deductibles.
TRICARE beneficiary counseling and assistance coordinators.
Improvement of TRICARE management; improvements to third-party
payer collection program.
Sec. 717. Comparative report on health care coverage under the TRICARE program.
Subtitle C—Other Matters
Forensic pathology investigations by Armed Forces Medical Examiner.
Best value contracting.
Health care quality information and technology enhancement.
Joint telemedicine and telepharmacy demonstration projects by the Department of Defense and Department of Veterans Affairs.
Program-year stability in health care benefits.
Study on joint operations for the Defense Health Program.
Trauma training center.
Sense of Congress regarding automatic enrollment of medicare-eligible
beneficiaries in the TRICARE Senior Prime demonstration project.

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
Subtitle A—Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 801. Authority to carry out certain prototype projects.
Sec. 802. Streamlined applicability of cost accounting standards.
Sec. 803. Sale, exchange, and waiver authority for coal and coke.
Sec. 804. Guidance on use of task order and delivery order contracts.
Sec. 805. Clarification of definition of commercial items with respect to associated
services.
Sec. 806. Use of special simplified procedures for purchases of commercial items in
excess of the simplified acquisition threshold.
Sec. 807. Repeal of termination of provision of credit towards subcontracting goals
for purchases benefiting severely handicapped persons.
Sec. 808. Contract goal for small disadvantaged businesses and certain institutions
of higher education.
Sec. 809. Required reports for certain multiyear contracts.
Sec.
Sec.
Sec.
Sec.
Sec.

811.
812.
813.
814.
815.

Sec. 816.
Sec. 817.
Sec. 818.
Sec. 819.
Sec. 820.
Sec. 821.

Subtitle B—Other Matters
Mentor-Protege Program improvements.
Program to increase business innovation in defense acquisition programs.
Incentives to produce innovative new technologies.
Pilot program for commercial services.
Expansion of applicability of requirement to make certain procurements
from small arms production industrial base.
Compliance with existing law regarding purchases of equipment and
products.
Extension of test program for negotiation of comprehensive small business subcontracting plans.
Extension of interim reporting rule for certain procurements less than
$100,000.
Inspector General review of compliance with Buy American Act in purchases of strength training equipment.
Report on options for accelerated acquisition of precision munitions.
Technical amendment to prohibition on release of contractor proposals
under the Freedom of Information Act.

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113 STAT. 520
Sec.
Sec.
Sec.
Sec.

PUBLIC LAW 106–65—OCT. 5, 1999
912.
913.
914.
915.

Enhancement of technology security program of Department of Defense.
Efficient utilization of defense laboratories.
Center for the Study of Chinese Military Affairs.
Authority for acceptance by Asia-Pacific Center for Security Studies of
foreign gifts and donations.

Subtitle C—Personnel Management
Sec. 921. Revisions to limitations on number of personnel assigned to major Department of Defense headquarters activities.
Sec. 922. Defense acquisition workforce reductions.
Sec. 923. Monitoring and reporting requirements regarding operations tempo and
personnel tempo.
Sec. 924. Administration of defense reform initiative enterprise program for military manpower and personnel information.
Sec. 925. Payment of tuition for education and training of members in defense acquisition workforce.
Subtitle D—Other Matters
Sec. 931. Additional matters for annual reports on joint warfighting experimentation.
Sec. 932. Oversight of Department of Defense activities to combat terrorism.
Sec. 933. Responsibilities and accountability for certain financial management
functions.
Sec. 934. Management of Civil Air Patrol.

TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authorization of emergency supplemental appropriations for fiscal year
1999.
Sec. 1004. Supplemental appropriations request for operations in Yugoslavia.
Sec. 1005. United States contribution to NATO common-funded budgets in fiscal
year 2000.
Sec. 1006. Limitation on funds for Bosnia peacekeeping operations for fiscal year
2000.
Sec. 1007. Second biennial financial management improvement plan.
Sec. 1008. Waiver authority for requirement that electronic transfer of funds be
used for Department of Defense payments.
Sec. 1009. Single payment date for invoice for various subsistence items.
Sec. 1010. Payment of foreign licensing fees out of proceeds of sale of maps, charts,
and navigational books.
Subtitle B—Naval Vessels and Shipyards
Sec. 1011. Revision to congressional notice-and-wait period required before transfer
of a vessel stricken from the Naval Vessel Register.
Sec. 1012. Authority to consent to retransfer of former naval vessel.
Sec. 1013. Report on naval vessel force structure requirements.
Sec. 1014. Auxiliary vessels acquisition program for the Department of Defense.
Sec. 1015. National Defense Features program.
Sec. 1016. Sales of naval shipyard articles and services to nuclear ship contractors.
Sec. 1017. Transfer of naval vessel to foreign country.
Sec. 1018. Authority to transfer naval vessels to certain foreign countries.
Subtitle C—Support for Civilian Law Enforcement and Counter Drug
Activities
Sec. 1021. Modification of limitation on funding assistance for procurement of
equipment for the National Guard for drug interdiction and counterdrug activities.
Sec. 1022. Temporary extension to certain naval aircraft of Coast Guard authority
for drug interdiction activities.
Sec. 1023. Military assistance to civil authorities to respond to act or threat of terrorism.
Sec. 1024. Condition on development of forward operating locations for United
States Southern Command counter-drug detection and monitoring
flights.
Sec. 1025. Annual report on United States military activities in Colombia.
Sec. 1026. Report on use of radar systems for counter-drug detection and monitoring.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 521

Sec. 1027. Plan regarding assignment of military personnel to assist Immigration
and Naturalization Service and Customs Service.
Subtitle D—Miscellaneous Report Requirements and Repeals
Sec. 1031. Preservation of certain defense reporting requirements.
Sec. 1032. Repeal of certain reporting requirements not preserved.
Sec. 1033. Reports on risks under National Military Strategy and combatant command requirements.
Sec. 1034. Report on lift and prepositioned support requirements to support National Military Strategy.
Sec. 1035. Report on assessments of readiness to execute the National Military
Strategy.
Sec. 1036. Report on Rapid Assessment and Initial Detection teams.
Sec. 1037. Report on unit readiness of units considered to be assets of Consequence
Management Program Integration Office.
Sec. 1038. Analysis of relationship between threats and budget submission for fiscal year 2001.
Sec. 1039. Report on NATO Defense Capabilities Initiative.
Sec. 1040. Report on motor vehicle violations by operators of official Army vehicles.
Subtitle E—Information Security
Sec. 1041. Identification in budget materials of amounts for declassification activities and limitation on expenditures for such activities.
Sec. 1042. Notice to congressional committees of certain security and counterintelligence failures within defense programs.
Sec. 1043. Information Assurance Initiative.
Sec. 1044. Nondisclosure of information on personnel of overseas, sensitive, or routinely deployable units.
Sec. 1045. Nondisclosure of certain operational files of the National Imagery and
Mapping Agency.
Subtitle F—Memorial Objects and Commemorations
Sec. 1051. Moratorium on the return of veterans memorial objects to foreign nations without specific authorization in law.
Sec. 1052. Program to commemorate 50th anniversary of the Korean War.
Sec. 1053. Commemoration of the victory of freedom in the Cold War.
Subtitle G—Other Matters
Sec. 1061. Defense Science Board task force on use of television and radio as a
propaganda instrument in time of military conflict.
Sec. 1062. Assessment of electromagnetic spectrum reallocation.
Sec. 1063. Extension and reauthorization of Defense Production Act of 1950.
Sec. 1064. Performance of threat and risk assessments.
Sec. 1065. Chemical agents used for defensive training.
Sec. 1066. Technical and clerical amendments.
Sec. 1067. Amendments to reflect name change of Committee on National Security
of the House of Representatives to Committee on Armed Services.

TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN
PERSONNEL
Sec. 1101. Accelerated implementation of voluntary early retirement authority.
Sec. 1102. Increase of pay cap for nonappropriated fund senior executive employees.
Sec. 1103. Restoration of leave of emergency essential employees serving in a combat zone.
Sec. 1104. Extension of certain temporary authorities to provide benefits for employees in connection with defense workforce reductions and restructuring.
Sec. 1105. Leave without loss of benefits for military reserve technicians on active
duty in support of combat operations.
Sec. 1106. Expansion of Guard-and-Reserve purposes for which leave under section
6323 of title 5, United States Code, may be used.
Sec. 1107. Work schedules and premium pay of service academy faculty.
Sec. 1108. Salary schedules and related benefits for faculty and staff of the Uniformed Services University of the Health Sciences.
Sec. 1109. Exemption of defense laboratory employees from certain workforce management restrictions.

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113 STAT. 522

PUBLIC LAW 106–65—OCT. 5, 1999
TITLE XII—MATTERS RELATING TO OTHER NATIONS
Subtitle A—Matters Relating to the People’s Republic of China

Sec. 1201. Limitation on military-to-military exchanges and contacts with Chinese
People’s Liberation Army.
Sec. 1202. Annual report on military power of the People’s Republic of China.
Subtitle B—Matters Relating to the Balkans
Sec. 1211. Department of Defense report on the conduct of Operation Allied Force
and associated relief operations.
Sec. 1212. Sense of Congress regarding the need for vigorous prosecution of war
crimes, genocide, and crimes against humanity in the former Republic
of Yugoslavia.
Subtitle C—Matters Relating to NATO and Other Allies
Sec. 1221. Legal effect of the new Strategic Concept of NATO.
Sec. 1222. Report on allied capabilities to contribute to major theater wars.
Sec. 1223. Attendance at professional military education schools by military personnel of the new member nations of NATO.
Subtitle D—Other Matters
Sec. 1231. Multinational economic embargoes against governments in armed conflict with the United States.
Sec. 1232. Limitation on deployment of Armed Forces in Haiti during fiscal year
2000 and congressional notice of deployments to Haiti.
Sec. 1233. Report on the security situation on the Korean peninsula.
Sec. 1234. Sense of Congress regarding the continuation of sanctions against Libya.
Sec. 1235. Sense of Congress and report on disengaging from noncritical overseas
missions involving United States combat forces.

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH
STATES OF THE FORMER SOVIET UNION
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1301.
1302.
1303.
1304.
1305.
1306.
1307.
1308.
1309.
1310.
1311.

Specification of Cooperative Threat Reduction programs and funds.
Funding allocations.
Prohibition on use of funds for specified purposes.
Limitations on use of funds for fissile material storage facility.
Limitation on use of funds for chemical weapons destruction.
Limitation on use of funds until submission of report.
Limitation on use of funds until submission of multiyear plan.
Requirement to submit report.
Report on Expanded Threat Reduction Initiative.
Limitation on use of funds until submission of certification.
Period covered by annual report on accounting for United States assistance under Cooperative Threat Reduction programs.
Sec. 1312. Russian nonstrategic nuclear arms.

TITLE XIV—PROLIFERATION AND EXPORT CONTROLS
Sec. 1401. Adherence of People’s Republic of China to Missile Technology Control
Regime.
Sec. 1402. Annual report on transfers of militarily sensitive technology to countries
and entities of concern.
Sec. 1403. Resources for export license functions.
Sec. 1404. Security in connection with satellite export licensing.
Sec. 1405. Reporting of technology transmitted to People’s Republic of China and
of foreign launch security violations.
Sec. 1406. Report on national security implications of exporting high-performance
computers to the People’s Republic of China.
Sec. 1407. End-use verification for use by People’s Republic of China of high-performance computers.
Sec. 1408. Enhanced multilateral export controls.
Sec. 1409. Enhancement of activities of Defense Threat Reduction Agency.
Sec. 1410. Timely notification of licensing decisions by the Department of State.
Sec. 1411. Enhanced intelligence consultation on satellite license applications.
Sec. 1412. Investigations of violations of export controls by United States satellite
manufacturers.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 523

TITLE XV—ARMS CONTROL AND
COUNTERPROLIFERATION MATTERS
Sec. 1501. Revision to limitation on retirement or dismantlement of strategic nuclear delivery systems.
Sec. 1502. Sense of Congress on strategic arms reductions.
Sec. 1503. Report on strategic stability under START III.
Sec. 1504. Counterproliferation Program Review Committee.
Sec. 1505. Support of United Nations-sponsored efforts to inspect and monitor Iraqi
weapons activities.

TITLE XVI—NATIONAL SECURITY SPACE MATTERS
Sec.
Sec.
Sec.
Sec.

1601.
1602.
1603.
1604.

Subtitle A—Space Technology Guide; Reports
Space technology guide.
Report on vulnerabilities of United States space assets.
Report on space launch failures.
Report on Air Force space launch facilities.

Subtitle B—Commercial Space Launch Services
Sec. 1611. Sense of Congress regarding United States-Russian cooperation in commercial space launch services.
Sec. 1612. Sense of Congress concerning United States commercial space launch capacity.
Subtitle C—Commission To Assess United States National Security Space
Management and Organization
Sec. 1621. Establishment of commission.
Sec. 1622. Duties of commission.
Sec. 1623. Report.
Sec. 1624. Assessment by the Secretary of Defense.
Sec. 1625. Powers.
Sec. 1626. Commission procedures.
Sec. 1627. Personnel matters.
Sec. 1628. Miscellaneous administrative provisions.
Sec. 1629. Funding.
Sec. 1630. Termination of the commission.

TITLE XVII—TROOPS-TO-TEACHERS PROGRAM
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1701.
1702.
1703.
1704.
1705.
1706.
1707.
1708.
1709.

Short title; definitions.
Authorization of Troops-to-Teachers Program.
Eligible members of the Armed Forces.
Selection of participants.
Stipend and bonus for participants.
Participation by States.
Termination of original program; transfer of functions.
Reporting requirements.
Funds for fiscal year 2000.

DIVISION B—MILITARY CONSTRUCTION
AUTHORIZATIONS
Sec. 2001. Short title.

TITLE XXI—ARMY
Sec.
Sec.
Sec.
Sec.

2101.
2102.
2103.
2104.

Authorized Army construction and land acquisition projects.
Family housing.
Improvements to military family housing units.
Authorization of appropriations, Army.

TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.

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113 STAT. 524
Sec.
Sec.
Sec.
Sec.

PUBLIC LAW 106–65—OCT. 5, 1999
2203.
2204.
2205.
2206.

Improvements to military family housing units.
Authorization of appropriations, Navy.
Modification of authority to carry out fiscal year 1997 project.
Authorization to accept electrical substation improvements, Guam.

TITLE XXIII—AIR FORCE
Sec.
Sec.
Sec.
Sec.

2301.
2302.
2303.
2304.

Authorized Air Force construction and land acquisition projects.
Family housing.
Improvements to military family housing units.
Authorization of appropriations, Air Force.

TITLE XXIV—DEFENSE AGENCIES
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

2401.
2402.
2403.
2404.
2405.
2406.

Authorized Defense Agencies construction and land acquisition projects.
Improvements to military family housing units.
Military housing improvement program.
Energy conservation projects.
Authorization of appropriations, Defense Agencies.
Increase in fiscal year 1997 authorization for military construction
projects at Pueblo Chemical Activity, Colorado.
Sec. 2407. Condition on obligation of military construction funds for drug interdiction and counter-drug activities.

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION
SECURITY INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
Sec. 2602. Modification of authority to carry out fiscal year 1998 project.

TITLE XXVII—EXPIRATION AND EXTENSION OF
AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2702. Extension of authorizations of certain fiscal year 1997 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1996 projects.
Sec. 2704. Effective date.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 525

Sec. 2812. Enhancement of authority relating to utility privatization.
Sec. 2813. Acceptance of funds to cover administrative expenses relating to certain
real property transactions.
Sec. 2814. Operations of Naval Academy dairy farm.
Sec. 2815. Study and report on impacts to military readiness of proposed land management changes on public lands in Utah.
Sec. 2816. Designation of missile intelligence building at Redstone Arsenal, Alabama, as the Richard C. Shelby Center for Missile Intelligence.
Subtitle C—Defense Base Closure and Realignment
Sec. 2821. Economic development conveyances of base closure property.
Sec. 2822. Continuation of authority to use Department of Defense Base Closure
Account 1990 for activities required to close or realign military installations.
Subtitle D—Land Conveyances
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

2831.
2832.
2833.
2834.
2835.
2836.

Sec. 2837.
Sec. 2838.
Sec. 2839.
Sec. 2840.
Sec. 2841.
Sec. 2842.

PART I—ARMY CONVEYANCES
Transfer of jurisdiction, Fort Sam Houston, Texas.
Land exchange, Rock Island Arsenal, Illinois.
Land conveyance, Army Reserve Center, Bangor, Maine.
Land conveyance, Army Reserve Center, Kankakee, Illinois.
Land conveyance, Army Reserve Center, Cannon Falls, Minnesota.
Land conveyance, Army Maintenance Support Activity (Marine) Number
84, Marcus Hook, Pennsylvania.
Land conveyances, Army docks and related property, Alaska.
Land conveyance, Fort Huachuca, Arizona.
Land conveyance, Nike Battery 80 family housing site, East Hanover
Township, New Jersey.
Land conveyances, Twin Cities Army Ammunition Plant, Minnesota.
Repair and conveyance of Red Butte Dam and Reservoir, Salt Lake City,
Utah.
Modification of land conveyance, Joliet Army Ammunition Plant, Illinois.

PART II—NAVY CONVEYANCES
Sec. 2851. Land conveyance, Naval Weapons Industrial Reserve Plant No. 387,
Dallas, Texas.
Sec. 2852. Land conveyance, Marine Corps Air Station, Cherry Point, North Carolina.
Sec. 2853. Land conveyance, Newport, Rhode Island.
Sec. 2854. Land conveyance, Naval Training Center, Orlando, Florida.
Sec. 2855. One-year delay in demolition of radio transmitting facility towers at
Naval Station, Annapolis, Maryland, to facilitate conveyance of towers.
Sec. 2856. Clarification of land exchange, Naval Reserve Readiness Center, Portland, Maine.
Sec. 2857. Revision to lease authority, Naval Air Station, Meridian, Mississippi.
Sec. 2858. Land conveyances, Norfolk, Virginia.
PART III—AIR FORCE CONVEYANCES
Sec. 2861. Land conveyance, Newington Defense Fuel Supply Point, New Hampshire.
Sec. 2862. Land conveyance, Tyndall Air Force Base, Florida.
Sec. 2863. Land conveyance, Port of Anchorage, Alaska.
Sec. 2864. Land conveyance, Forestport Test Annex, New York.
Sec. 2865. Land conveyance, McClellan Nuclear Radiation Center, California.
Subtitle E—Other Matters
Sec. 2871. Acceptance of guarantees in connection with gifts to military service
academies.
Sec. 2872. Acquisition of State-held inholdings, east range of Fort Huachuca, Arizona.
Sec. 2873. Enhancement of Pentagon renovation activities.
Subtitle F—Expansion of Arlington National Cemetery
Sec. 2881. Transfer from Navy Annex, Arlington, Virginia.
Sec. 2882. Transfer from Fort Myer, Arlington, Virginia.

TITLE XXIX—COMMISSION ON NATIONAL MILITARY
MUSEUM
Sec. 2901. Establishment.
Sec. 2902. Duties of Commission.

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113 STAT. 526
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

PUBLIC LAW 106–65—OCT. 5, 1999
2903.
2904.
2905.
2906.
2907.
2908.
2909.

Report.
Powers.
Commission procedures.
Personnel matters.
Miscellaneous administrative provisions.
Funding.
Termination of Commission.

TITLE XXX—MILITARY LAND WITHDRAWALS
Sec. 3001. Short title.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

3011.
3012.
3013.
3014.
3015.
3016.
3017.
3018.
3019.
3020.
3021.
3022.
3023.

Subtitle A—Withdrawals Generally
Withdrawals.
Maps and legal descriptions.
Termination of withdrawals in Military Lands Withdrawal Act of 1986.
Management of lands.
Duration of withdrawal and reservation.
Extension of initial withdrawal and reservation.
Ongoing decontamination.
Delegation.
Water rights.
Hunting, fishing, and trapping.
Mining and mineral leasing.
Use of mineral materials.
Immunity of United States.

Subtitle B—Withdrawals in Arizona
Sec. 3031. Barry M. Goldwater Range, Arizona.
Sec. 3032. Military use of Cabeza Prieta National Wildlife Refuge and Cabeza
Prieta Wilderness.
Sec. 3033. Maps and legal description.
Sec. 3034. Water rights.
Sec. 3035. Hunting, fishing, and trapping.
Sec. 3036. Use of mineral materials.
Sec. 3037. Immunity of United States.
Subtitle C—Authorization of Appropriations
Sec. 3041. Authorization of appropriations.

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL
SECURITY PROGRAMS
Sec.
Sec.
Sec.
Sec.
Sec.

3101.
3102.
3103.
3104.
3105.

Subtitle A—National Security Programs Authorizations
Weapons activities.
Defense environmental restoration and waste management.
Other defense activities.
Defense nuclear waste disposal.
Defense environmental management privatization.

Subtitle B—Recurring General Provisions
Reprogramming.
Limits on general plant projects.
Limits on construction projects.
Fund transfer authority.
Authority for conceptual and construction design.
Authority for emergency planning, design, and construction activities.
Funds available for all national security programs of the Department of
Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

3121.
3122.
3123.
3124.
3125.
3126.
3127.

Subtitle C—Program Authorizations, Restrictions, and Limitations
Sec. 3131. Prohibition on use of funds for certain activities under formerly utilized
site remedial action program.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 527

Sec. 3132. Continuation of processing, treatment, and disposition of legacy nuclear
materials.
Sec. 3133. Nuclear weapons stockpile life extension program.
Sec. 3134. Procedures for meeting tritium production requirements.
Sec. 3135. Independent cost estimate of accelerator production of tritium.
Sec. 3136. Nonproliferation initiatives and activities.
Sec. 3137. Support of theater ballistic missile defense activities of the Department
of Defense.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

Subtitle D—Matters Relating to Safeguards, Security, and
Counterintelligence
3141. Short title.
3142. Commission on Safeguards, Security, and Counterintelligence at Department of Energy facilities.
3143. Background investigations of certain personnel at Department of Energy
facilities.
3144. Conduct of security clearances.
3145. Protection of classified information during laboratory-to-laboratory exchanges.
3146. Restrictions on access to national laboratories by foreign visitors from
sensitive countries.
3147. Department of Energy regulations relating to the safeguarding and security of Restricted Data.
3148. Increased penalties for misuse of Restricted Data.
3149. Supplement to plan for declassification of Restricted Data and formerly
Restricted Data.
3150. Notice to congressional committees of certain security and counterintelligence failures within nuclear energy defense programs.
3151. Annual report by the President on espionage by the People’s Republic
of China.
3152. Report on counterintelligence and security practices at national laboratories.
3153. Report on security vulnerabilities of national laboratory computers.
3154. Counterintelligence polygraph program.
3155. Definitions of national laboratory and nuclear weapons production facility.
3156. Definition of Restricted Data.

Subtitle E—Matters Relating to Personnel
Sec. 3161. Extension of authority of Department of Energy to pay voluntary separation incentive payments.
Sec. 3162. Fellowship program for development of skills critical to the Department
of Energy nuclear weapons complex.
Sec. 3163. Maintenance of nuclear weapons expertise in the Department of Defense
and Department of Energy.
Sec. 3164. Whistleblower protection program.
Subtitle F—Other Matters
Sec. 3171. Requirement for plan to improve reprogramming processes.
Sec. 3172. Integrated fissile materials management plan.
Sec. 3173. Identification in budget materials of amounts for declassification activities and limitation on expenditures for such activities.
Sec. 3174. Sense of Congress regarding technology transfer coordination for Department of Energy national laboratories.
Sec. 3175. Pilot program for project management oversight regarding Department
of Energy construction projects.
Sec. 3176. Pilot program of Department of Energy to authorize use of prior year
unobligated balances for accelerated site cleanup at Rocky Flats Environmental Technology Site, Colorado.
Sec. 3177. Proposed schedule for shipments of waste from Rocky Flats Environmental Technology Site, Colorado, to Waste Isolation Pilot Plant, New
Mexico.
Sec. 3178. Comptroller General report on closure of Rocky Flats Environmental
Technology Site, Colorado.
Sec. 3179. Extension of review of Waste Isolation Pilot Plant, New Mexico.

TITLE XXXII—NATIONAL NUCLEAR SECURITY
ADMINISTRATION
Sec. 3201. Short title.

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113 STAT. 528

PUBLIC LAW 106–65—OCT. 5, 1999

Sec. 3202. Under Secretary for Nuclear Security of Department of Energy.
Sec. 3203. Establishment of policy for National Nuclear Security Administration.
Sec. 3204. Organization of Department of Energy counterintelligence and intelligence programs and activities.
Subtitle A—Establishment and Organization
Sec. 3211. Establishment and mission.
Sec. 3212. Administrator for Nuclear Security.
Sec. 3213. Status of Administration and contractor personnel within Department of
Energy.
Sec. 3214. Deputy Administrator for Defense Programs.
Sec. 3215. Deputy Administrator for Defense Nuclear Nonproliferation.
Sec. 3216. Deputy Administrator for Naval Reactors.
Sec. 3217. General Counsel.
Sec. 3218. Staff of Administration.
Subtitle B—Matters Relating to Security
Sec. 3231. Protection of national security information.
Sec. 3232. Office of Defense Nuclear Counterintelligence and Office of Defense Nuclear Security.
Sec. 3233. Counterintelligence programs.
Sec. 3234. Procedures relating to access by individuals to classified areas and information of Administration.
Sec. 3235. Government access to information on Administration computers.
Sec. 3236. Congressional oversight of special access programs.
Subtitle C—Matters Relating to Personnel
Sec. 3241. Authority to establish certain scientific, engineering, and technical positions.
Sec. 3242. Voluntary early retirement authority.
Sec. 3243. Severance pay.
Sec. 3244. Continued coverage of health care benefits.
Subtitle D—Budget and Financial Management
Sec. 3251. Separate treatment in budget.
Sec. 3252. Planning, programming, and budgeting process.
Sec. 3253. Future-years nuclear security program.
Sec.
Sec.
Sec.
Sec.

3261.
3262.
3263.
3264.

Subtitle E—Miscellaneous Provisions
Environmental protection, safety, and health requirements.
Compliance with Federal Acquisition Regulation.
Sharing of technology with Department of Defense.
Use of capabilities of national security laboratories by entities outside
the Administration.
Subtitle F—Definitions

Sec. 3281. Definitions.
Subtitle G—Amendatory Provisions, Transition Provisions, and Effective
Dates
Sec. 3291. Functions transferred.
Sec. 3292. Transfer of funds and employees.
Sec. 3293. Pay levels.
Sec. 3294. Conforming amendments.
Sec. 3295. Transition provisions.
Sec. 3296. Applicability of preexisting laws and regulations.
Sec. 3297. Report containing implementation plan of Secretary of Energy.
Sec. 3298. Classification in United States Code.
Sec. 3299. Effective dates.

TITLE XXXIII—DEFENSE NUCLEAR FACILITIES SAFETY
BOARD
Sec. 3301. Authorization.

TITLE XXXIV—NATIONAL DEFENSE STOCKPILE
Sec. 3401. Authorized uses of stockpile funds.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 529

Sec. 3402. Disposal of certain materials in National Defense Stockpile.
Sec. 3403. Limitations on previous authority for disposal of stockpile materials.

TITLE XXXV—PANAMA CANAL COMMISSION
Sec.
Sec.
Sec.
Sec.
Sec.

3501.
3502.
3503.
3504.
3505.

Short title.
Authorization of expenditures.
Purchase of vehicles.
Office of Transition Administration.
Expenditures only in accordance with treaties.

TITLE XXXVI—MARITIME ADMINISTRATION
Sec.
Sec.
Sec.
Sec.

3601.
3602.
3603.
3604.

Short title.
Authorization of appropriations for fiscal year 2000.
Extension of war risk insurance authority.
Ownership of the JEREMIAH O’BRIEN.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

For purposes of this Act, the term ‘‘congressional defense
committees’’ means—
(1) the Committee on Armed Services and the Committee
on Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee
on Appropriations of the House of Representatives.

DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

101.
102.
103.
104.
105.
106.
107.
108.

Subtitle A—Authorization of Appropriations
Army.
Navy and Marine Corps.
Air Force.
Defense-wide activities.
Reserve components.
Defense Inspector General.
Chemical demilitarization program.
Defense health programs.

111.
112.
113.
114.
115.

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113 STAT. 530

PUBLIC LAW 106–65—OCT. 5, 1999

Sec. 133. Procurement of firefighting equipment for the Air National Guard and the
Air Force Reserve.
Sec. 134. F–16 tactical manned reconnaisance aircraft.
Subtitle E—Chemical Stockpile Destruction Program
Sec. 141. Destruction of existing stockpile of lethal chemical agents and munitions.
Sec. 142. Comptroller General report on anticipated effects of proposed changes in
operation of storage sites for lethal chemical agents and munitions.

Subtitle A—Authorization of
Appropriations
SEC. 101. ARMY.

Funds are hereby authorized to be appropriated for fiscal year
2000 for procurement for the Army as follows:
(1) For aircraft, $1,459,688,000.
(2) For missiles, $1,258,298,000.
(3) For weapons and tracked combat vehicles,
$1,571,665,000.
(4) For ammunition, $1,215,216,000.
(5) For other procurement, $3,662,921,000.
SEC. 102. NAVY AND MARINE CORPS.

(a) NAVY.—Funds are hereby authorized to be appropriated
for fiscal year 2000 for procurement for the Navy as follows:
(1) For aircraft, $8,798,784,000.
(2) For weapons, including missiles and torpedoes,
$1,417,100,000.
(3) For shipbuilding and conversion, $7,016,454,000.
(4) For other procurement, $4,266,891,000.
(b) MARINE CORPS.—Funds are hereby authorized to be appropriated for fiscal year 2000 for procurement for the Marine Corps
in the amount of $1,296,970,000.
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby
authorized to be appropriated for fiscal year 2000 for procurement
of ammunition for the Navy and the Marine Corps in the amount
of $534,700,000.
SEC. 103. AIR FORCE.

Funds are hereby authorized to be appropriated for fiscal year
2000 for procurement for the Air Force as follows:
(1) For aircraft, $9,758,886,000.
(2) For missiles, $2,395,608,000.
(3) For ammunition, $467,537,000.
(4) For other procurement, $7,158,527,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.

Funds are hereby authorized to be appropriated for fiscal year
2000 for Defense-wide procurement in the amount of
$2,345,168,000.
SEC. 105. RESERVE COMPONENTS.

Funds are hereby authorized to be appropriated for fiscal year
2000 for procurement of aircraft, vehicles, communications equipment, and other equipment for the reserve components of the Armed
Forces as follows:
(1) For the Army National Guard, $10,000,000.
(2) For the Air National Guard, $10,000,000.

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(3) For the Army Reserve, $10,000,000.
(4) For the Naval Reserve, $10,000,000.
(5) For the Air Force Reserve, $10,000,000.
(6) For the Marine Corps Reserve, $10,000,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for fiscal year
2000 for procurement for the Inspector General of the Department
of Defense in the amount of $2,100,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.

There is hereby authorized to be appropriated for fiscal year
2000 the amount of $1,024,000,000 for—
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
SEC. 108. DEFENSE HEALTH PROGRAMS.

Funds are hereby authorized to be appropriated for fiscal year
2000 for the Department of Defense for procurement for carrying
out health care programs, projects, and activities of the Department
of Defense in the total amount of $356,970,000.

Subtitle B—Army Programs
SEC. 111. MULTIYEAR PROCUREMENT
ARMY PROGRAMS.

AUTHORITY

FOR

CERTAIN

Beginning with the fiscal year 2000 program year, the Secretary
of the Army may, in accordance with section 2306b of title 10,
United States Code, enter into multiyear contracts for procurement
of the following:
(1) The Javelin missile system.
(2) M2A3 Bradley fighting vehicles.
(3) AH–64D Apache Longbow attack helicopters.
(4) The M1A2 Abrams main battle tank upgrade program
combined with the Heavy Assault Bridge program.
SEC. 112. PROCUREMENT REQUIREMENTS
MEDIUM TACTICAL VEHICLES.

FOR

THE

FAMILY

(a) REQUIREMENTS.—The Secretary of the Army—
(1) shall use competitive procedures for the award of any
contract for procurement of vehicles under the Family of
Medium Tactical Vehicles program after completion of the
multiyear procurement contract for procurement of vehicles
under that program that was awarded on October 14, 1998;
and
(2) may not award a contract to establish a second-source
contractor for procurement of the vehicles under the Family
of Medium Tactical Vehicles program that are covered by the
multiyear procurement contract for that program that was
awarded on October 14, 1998.
(b) REPEAL.—Section 112 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105–
261; 112 Stat. 1937) is repealed.

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SEC. 113. ARMY AVIATION MODERNIZATION.

(a) HELICOPTER FORCE MODERNIZATION PLAN.—The Secretary
of the Army shall submit to the congressional defense committees
a comprehensive plan for the modernization of the Army’s helicopter
forces.
(b) REQUIRED ELEMENTS.—The helicopter force modernization
plan shall include provisions for the following:
(1) For the AH–64D Apache Longbow program—
(A) restoration of the original procurement objective
of the program to the procurement of 747 aircraft and
at least 227 fire control radars;
(B) qualification and training of reserve component
pilots as augmentation crews to ensure 24–hour
warfighting capability in deployed attack helicopter units;
and
(C) fielding of a sufficient number of aircraft in reserve
component aviation units to implement the provisions of
the plan required under subparagraph (B).
(2) For AH–1 Cobra helicopters, retirement of all AH–
1 Cobra helicopters remaining in the fleet.
(3) For the RAH–66 Comanche program—
(A) review of the total requirements and acquisition
objectives for the program;
(B) fielding of Comanche helicopters to the planned
aviation force structure; and
(C) support for the plan for the AH–64D Apache program required under paragraph (1).
(4) For the UH–1 Huey helicopter program—
(A) an upgrade program;
(B) revision of total force requirements for that aircraft
to reflect the warfighting and support requirements of the
theater commanders-in-chief for aircraft used by the Army
National Guard; and
(C) a transition plan to a future utility helicopter.
(5) For the UH–60 Blackhawk helicopter program—
(A) identification of the objective requirements for that
aircraft;
(B) an acquisition strategy for meeting requirements
that in the interim will be addressed by UH–1 Huey helicopters among the warfighting and support requirements
of the theater commanders-in-chief for aircraft used by
the Army National Guard; and
(C) a modernization program for fielded aircraft.
(6) For the CH–47 Chinook helicopter service life extension
program, maintenance of the schedule and funding.
(7) For the OH–58D Kiowa Warrior helicopters, an upgrade
program.
(8) A revised assessment of the Army’s present and future
requirements for helicopters and its present and future helicopter inventory, including the number of aircraft, average
age of aircraft, availability of spare parts, flight hour costs,
roles and functions assigned to the fleet as a whole and to
each type of aircraft, and the mix of active component and
reserve component aircraft in the fleet.
(c) LIMITATION.—Not more than 90 percent of the amount
appropriated pursuant to the authorization of appropriations in
section 101(1) may be obligated before the date that is 30 days

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after the date on which the Secretary of the Army submits the
plan required by subsection (a) to the congressional defense committees.
SEC. 114. MULTIPLE LAUNCH ROCKET SYSTEM.

The Secretary of the Army may make available, from funds
appropriated pursuant to the authorization of appropriations in
section 101(2), an amount not to exceed $500,000 to complete the
development of reuse and demilitarization tools and technologies
for use in the demilitarization of Army Multiple Launch Rocket
System rockets.
SEC. 115. EXTENSION OF PILOT PROGRAM ON SALES OF MANUFACTURED ARTICLES AND SERVICES OF CERTAIN ARMY
INDUSTRIAL FACILITIES WITHOUT REGARD TO AVAILABILITY FROM DOMESTIC SOURCES.

(a) EXTENSION OF PROGRAM.—Section 141 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105–
85; 10 U.S.C. 4543 note) is amended—
(1) in subsection (a), by striking ‘‘During fiscal years 1998
and 1999’’ and inserting ‘‘During fiscal years 1998 through
2001’’; and
(2) in subsection (b), by striking ‘‘during fiscal year 1998
or 1999’’ and inserting ‘‘during the period during which the
pilot program is being conducted’’.
(b) UPDATE OF INSPECTOR GENERAL REPORT.—Such section is
further amended by adding at the end the following new subsection:
‘‘(d) UPDATE OF REPORT.—Not later than March 1, 2001, the
Inspector General of the Department of Defense shall submit to
Congress an update of the report required to be submitted under
subsection (c) and an assessment of the success of the pilot program.’’.

Deadline.

SEC. 116. EXTENSION OF AUTHORITY TO CARRY OUT ARMAMENT
RETOOLING AND MANUFACTURING SUPPORT INITIATIVE.

Section 193(a) of the Armament Retooling and Manufacturing
Support Act of 1992 (subtitle H of title I of Public Law 102–
484; 10 U.S.C. 2501 note) is amended by striking ‘‘During fiscal
years 1993 through 1999’’ and inserting ‘‘During fiscal years 1993
through 2001’’.

Subtitle C—Navy Programs
SEC. 121. F/A–18E/F SUPER HORNET AIRCRAFT PROGRAM.

(a) MULTIYEAR PROCUREMENT AUTHORITY.—Subject to subsection (b), the Secretary of the Navy may, in accordance with
section 2306b of title 10, United States Code, enter into a multiyear
procurement contract beginning with the fiscal year 2000 program
year for procurement of F/A–18E/F aircraft.
(b) LIMITATION.—The Secretary of the Navy may not enter
into a multiyear procurement contract authorized by subsection
(a), and may not authorize the F/A–18E/F aircraft program to
enter into full-rate production, until—
(1) the Secretary of Defense submits to the congressional
defense committees a certification described in subsection (c);
and

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(2) a period of 30 continuous days of a Congress (as determined under subsection (d)) elapses after the submission of
that certification.
(c) REQUIRED CERTIFICATION.—A certification referred to in subsection (b)(1) is a certification by the Secretary of Defense of each
of the following:
(1) That the results of the Operational Test and Evaluation
program for the F/A–18E/F aircraft indicate—
(A) that the aircraft is operationally effective and operationally suitable; and
(B) that the F/A–18E and the F/A–18F variants of
that aircraft both meet their respective key performance
parameters as established in the Operational Requirements
Document (ORD) for the F/A–18E/F program, as validated
and approved by the Chief of Naval Operations on April
1, 1997 (other than for a permissible deviation of not more
than 1 percent with respect to the range performance
parameter).
(2) That the cost of procurement of the F/A–18E/F aircraft
using a multiyear procurement contract as authorized by subsection (a), assuming procurement of 222 aircraft, is at least
7.4 percent less than the cost of procurement of the same
number of aircraft through annual contracts.
(d) CONTINUITY OF CONGRESS.—For purposes of subsection
(b)(2)—
(1) the continuity of a Congress is broken only by an
adjournment of the Congress sine die at the end of the final
session of the Congress; and
(2) any day on which either House of Congress is not
in session because of an adjournment of more than three days
to a day certain, or because of an adjournment sine die at
the end of the first session of a Congress, shall be excluded
in the computation of such 30-day period.
SEC. 122. ARLEIGH BURKE CLASS DESTROYER PROGRAM.

(a) AUTHORITY FOR MULTIYEAR PROCUREMENT OF 6 ADDITIONAL
VESSELS.—(1) Subsection (b) of section 122 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110
Stat. 2446) is amended in the first sentence—
(A) by striking ‘‘12 Arleigh Burke class destroyers’’ and
inserting ‘‘18 Arleigh Burke class destroyers’’; and
(B) by striking ‘‘and 2001’’ and inserting ‘‘2001, 2002, and
2003’’.
(2) The heading for such subsection is amended by striking
‘‘TWELVE’’ and inserting ‘‘18’’.
(b) FISCAL YEAR 2001 ADVANCE PROCUREMENT.—(1) Subject
to paragraphs (2) and (3), the Secretary of the Navy is authorized,
in fiscal year 2001, to enter into contracts for advance procurement
for the Arleigh Burke class destroyers that are to be constructed
under contracts entered into after fiscal year 2001 under section
122(b) of Public Law 104–201, as amended by subsection (a)(1).
(2) The authority to contract for advance procurement under
paragraph (1) is subject to the availability of funds authorized
and appropriated for fiscal year 2001 for that purpose in Acts
enacted after September 30, 1999.
(3) The aggregate amount of the contracts entered into under
paragraph (1) may not exceed $371,000,000.

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(c) OTHER FUNDS FOR ADVANCE PROCUREMENT.—Notwithstanding any other provision of this Act, of the funds authorized
to be appropriated under section 102(a) for procurement programs,
projects, and activities of the Navy, up to $190,000,000 may be
made available, as the Secretary of the Navy may direct, for advance
procurement for the Arleigh Burke class destroyer program.
Authority to make transfers under this subsection is in addition
to the transfer authority provided in section 1001.
SEC. 123. REPEAL OF REQUIREMENT FOR ANNUAL REPORT FROM
SHIPBUILDERS UNDER CERTAIN NUCLEAR ATTACK SUBMARINE PROGRAMS.

(a) REPEAL.—Paragraph (3) of section 121(g) of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law 104–
201; 110 Stat. 2444) is repealed.
(b) CONFORMING AMENDMENT.—Paragraph (5) of such section
is amended by striking ‘‘reports referred to in paragraphs (3) and
(4)’’ and inserting ‘‘report referred to in paragraph (4)’’.
SEC. 124. LHD–8 AMPHIBIOUS ASSAULT SHIP PROGRAM.

(a) AUTHORIZATION OF SHIP.—The Secretary of the Navy is
authorized to procure the amphibious assault ship to be designated
LHD–8, subject to the availability of appropriations for that purpose.
(b) AMOUNT AUTHORIZED.—Of the amount authorized to be
appropriated under section 102(a)(3) for fiscal year 2000,
$375,000,000 is available for the advance procurement and advance
construction of components for the LHD–8 amphibious assault ship
program. The Secretary of the Navy may enter into a contract
or contracts with the shipbuilder and other entities for the advance
procurement and advance construction of those components.
SEC. 125. D–5 MISSILE PROGRAM.

(a) REPORT.—Not later than October 31, 1999, the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report on the D–
5 missile program.
(b) REPORT ELEMENTS.—The report under subsection (a) shall
include the following:
(1) An inventory management plan for the D–5 missile
program covering the projected life of the program, including—
(A) the location of D–5 missiles during the fueling
of submarines;
(B) rotation of inventory;
(C) expected attrition rate due to flight testing, loss,
damage, or termination of service life; and
(D) consideration of the results of the assessment
required in paragraph (4).
(2) The cost of terminating procurement of D–5 missiles
for each fiscal year before the current plan.
(3) An assessment of the capability of the Navy of meeting
strategic requirements with a total procurement of less than
425 D–5 missiles, including an assessment of the consequences
of—
(A) loading Trident submarines with fewer than 24
D–5 missiles; and
(B) reducing the flight test rate for D–5 missiles.

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(4) An assessment of the optimal commencement date for
the development and deployment of replacement capability for
the current land-based and sea-based missile forces.
(5) The Secretary’s plan for maintaining D–5 missiles and
Trident submarines under the START II Treaty and a proposed
START III treaty, and whether requirements for those missiles
and submarines would be reduced under such treaties.

Subtitle D—Air Force Programs
SEC. 131. F–22 AIRCRAFT PROGRAM.

(a) CERTIFICATION REQUIRED BEFORE LRIP.—The Secretary of
the Air Force may not award a contract for low-rate initial production under the F–22 aircraft program until the Secretary of Defense
submits to the congressional defense committees the Secretary’s
certification of each of the following:
(1) That the test plan in the engineering and manufacturing
development phase for that program is adequate for determining the operational effectiveness and suitability of the F–
22 aircraft.
(2) That the engineering and manufacturing development
phase, and the production phase, for that program can each
be executed within the limitation on total cost applicable to
that program under subsection (a) or (b), respectively, of section
217 of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105–85; 111 Stat. 1660).
(b) LACK OF CERTIFICATION.—If the Secretary of Defense is
unable to submit either or both of the certifications under subsection
(a), the Secretary shall submit to the congressional defense committees a report which includes—
(1) the reasons the certification or certifications could not
be made;
(2) a revised acquisition plan approved by the Secretary
of Defense if the Secretary desires to proceed with low-rate
initial production; and
(3) a revised cost estimate for the remainder of the
engineering and manufacturing development phase and for the
production phase of the F–22 program if the Secretary desires
to proceed with low-rate initial production.
SEC. 132. REPLACEMENT
OPTIONS
FOR
LAUNCHED CRUISE MISSILE.
Deadline.

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CONVENTIONAL

AIR-

(a) REPORT.—The Secretary of the Air Force shall determine
the requirements being met by the conventional air-launched cruise
missile (CALCM) as of the date of the enactment of this Act and,
not later than January 15, 2000, shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the replacement options for that missile.
(b) MATTERS TO BE INCLUDED.—In the report under subsection
(a), the Secretary shall consider the options for continuing to meet
the requirements determined by the Secretary under subsection
(a) as the inventory of the conventional air-launched cruise missile
is depleted. Options considered shall include the following:
(1) Resumption of production of the conventional airlaunched cruise missile.

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(2) Acquisition of a new type of weapon with lethality
characteristics equivalent or superior to the lethality characteristics of the conventional air-launched cruise missile.
(3) Use of existing or planned munitions or such munitions
with appropriate upgrades.
SEC. 133. PROCUREMENT OF FIREFIGHTING EQUIPMENT FOR THE
AIR NATIONAL GUARD AND THE AIR FORCE RESERVE.

The Secretary of the Air Force may carry out a procurement
program, in a total amount not to exceed $16,000,000, to modernize
the airborne firefighting capability of the Air National Guard and
Air Force Reserve by procurement of equipment for the modular
airborne firefighting system. Amounts may be obligated for the
program from funds appropriated for that purpose for fiscal year
1999 and subsequent fiscal years.
SEC. 134. F–16 TACTICAL MANNED RECONNAISANCE AIRCRAFT.

The limitation contained in section 216(a) of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law 104–
201; 110 Stat. 2454) shall not apply to the obligation or expenditure
of amounts made available pursuant to this Act for a purpose
stated in paragraphs (1) and (2) of that section.

Subtitle E—Chemical Stockpile
Destruction Program
SEC. 141. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEMICAL AGENTS AND MUNITIONS.

(a) PROGRAM ASSESSMENT.—(1) The Secretary of Defense shall
conduct an assessment of the current program for destruction of
the United States’ stockpile of chemical agents and munitions,
including the Assembled Chemical Weapons Assessment, for the
purpose of reducing significantly the cost of such program and
ensuring completion of such program in accordance with the obligations of the United States under the Chemical Weapons Convention
while maintaining maximum protection of the general public, the
personnel involved in the demilitarization program, and the environment.
(2) Based on the results of the assessment conducted under
paragraph (1), the Secretary may take those actions identified in
the assessment that may be accomplished under existing law to
achieve the purposes of such assessment and the chemical agents
and munitions stockpile destruction program.
(3) Not later than March 1, 2000, the Secretary shall submit
to Congress a report on—
(A) those actions taken, or planned to be taken, under
paragraph (2); and
(B) any recommendations for additional legislation that
may be required to achieve the purposes of the assessment
conducted under paragraph (1) and of the chemical agents
and munitions stockpile destruction program.
(b) CHANGES AND CLARIFICATIONS REGARDING PROGRAM.—Section 1412 of the Department of Defense Authorization Act, 1986
(Public Law 99–145; 50 U.S.C. 1521) is amended—
(1) in subsection (c)—

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note.

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(A) by striking paragraph (2) and inserting the following new paragraph:
‘‘(2) Facilities constructed to carry out this section shall, when
no longer needed for the purposes for which they were constructed,
be disposed of in accordance with applicable laws and regulations
and mutual agreements between the Secretary of the Army and
the Governor of the State in which the facility is located.’’;
(B) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
(C) by inserting after paragraph (2) (as amended by
subparagraph (A)) the following new paragraph:
‘‘(3)(A) Facilities constructed to carry out this section may not
be used for a purpose other than the destruction of the stockpile
of lethal chemical agents and munitions that exists on November
8, 1985.
‘‘(B) The prohibition in subparagraph (A) shall not apply with
respect to items designated by the Secretary of Defense as lethal
chemical agents, munitions, or related materials after November
8, 1985, if the State in which a destruction facility is located
issues the appropriate permit or permits for the destruction of
such items at the facility.’’;
(2) in subsection (f)(2), by striking ‘‘(c)(4)’’ and inserting
‘‘(c)(5)’’; and
(3) in subsection (g)(2)(B), by striking ‘‘(c)(3)’’ and inserting
‘‘(c)(4)’’.
(c) COMPTROLLER GENERAL ASSESSMENT AND REPORT.—(1) Not
later than March 1, 2000, the Comptroller General of the United
States shall review and assess the program for destruction of the
United States stockpile of chemical agents and munitions and report
the results of the assessment to the congressional defense committees.
(2) The assessment conducted under paragraph (1) shall include
a review of the program execution and financial management of
each of the elements of the program, including—
(A) the chemical stockpile disposal project;
(B) the nonstockpile chemical materiel project;
(C) the alternative technologies and approaches project;
(D) the chemical stockpile emergency preparedness program; and
(E) the assembled chemical weapons assessment program.
(d) DEFINITIONS.—As used in this section:
(1) The term ‘‘Assembled Chemical Weapons Assessment’’
means the pilot program carried out under section 8065 of
the Department of Defense Appropriations Act, 1997 (section
101(b) of Public Law 104–208; 110 Stat. 3009–101; 50 U.S.C.
1521 note).
(2) The term ‘‘Chemical Weapons Convention’’ means the
Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on Their
Destruction, ratified by the United States on April 25, 1997,
and entered into force on April 29, 1997.

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SEC. 142. COMPTROLLER GENERAL REPORT ON ANTICIPATED
EFFECTS OF PROPOSED CHANGES IN OPERATION OF
STORAGE SITES FOR LETHAL CHEMICAL AGENTS AND
MUNITIONS.

(a) REPORT REQUIRED.—Not later than March 31, 2000, the
Comptroller General shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
on the proposal in the latest quadrennial defense review to reduce
the Federal civilian workforce involved in the operation of the
eight storage sites for lethal chemical agents and munitions in
the continental United States and to convert to contractor operation
of the storage sites. The workforce reductions addressed in the
report shall include those that are to be effectuated by fiscal year
2002.
(b) CONTENT OF REPORT.—The report shall include the following:
(1) For each site, a description of the assigned chemical
storage, chemical demilitarization, and industrial missions.
(2) A description of the criteria and reporting systems
applied to ensure that the storage sites and the workforce
operating the storage sites have—
(A) the capabilities necessary to respond effectively
to emergencies involving chemical accidents; and
(B) the industrial capabilities necessary to meet
replenishment and surge requirements.
(3) The risks associated with the proposed workforce reductions and contractor performance, particularly regarding chemical accidents, incident response capabilities, community-wide
emergency preparedness programs, and current or planned
chemical demilitarization programs.
(4) The effects of the proposed workforce reductions and
contractor performance on the capability to satisfy permit
requirements regarding environmental protection that are
applicable to the performance of current and future chemical
demilitarization and industrial missions.
(5) The effects of the proposed workforce reductions and
contractor performance on the capability to perform assigned
industrial missions, particularly the materiel replenishment
missions for chemical or biological defense or for chemical munitions.
(6) Recommendations for mitigating the risks and adverse
effects identified in the report.

Deadline.

TITLE II—RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Collaborative program to evaluate and demonstrate advanced technologies for advanced capability combat vehicles.
Sec. 212. Sense of Congress regarding defense science and technology program.
Sec. 213. Micro-satellite technology development program.
Sec. 214. Space control technology.
Sec. 215. Space maneuver vehicle program.

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Sec. 216. Manufacturing technology program.
Sec. 217. Revision to limitations on high altitude endurance unmanned vehicle program.
Subtitle C—Ballistic Missile Defense
Sec. 231. Space Based Infrared System (SBIRS) low program.
Sec. 232. Theater missile defense upper tier acquisition strategy.
Sec. 233. Acquisition strategy for Theater High-Altitude Area Defense (THAAD)
system.
Sec. 234. Space-based laser program.
Sec. 235. Criteria for progression of airborne laser program.
Sec. 236. Sense of Congress regarding ballistic missile defense technology funding.
Sec. 237. Report on national missile defense.
Subtitle D—Research and Development for Long-Term Military Capabilities
Sec. 241. Quadrennial report on emerging operational concepts.
Sec. 242. Technology area review and assessment.
Sec. 243. Report by Under Secretary of Defense for Acquisition, Technology, and
Logistics.
Sec. 244. DARPA program for award of competitive prizes to encourage development of advanced technologies.
Sec. 245. Additional pilot program for revitalizing Department of Defense laboratories.
Subtitle E—Other Matters
Sec. 251. Development of Department of Defense laser master plan and execution
of solid state laser program.
Sec. 252. Report on Air Force distributed mission training.

Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year
2000 for the use of the Department of Defense for research, development, test, and evaluation as follows:
(1) For the Army, $4,791,243,000.
(2) For the Navy, $8,362,516,000.
(3) For the Air Force, $13,630,073,000.
(4) For Defense-wide activities, $9,482,705,000, of which—
(A) $253,457,000 is authorized for the activities of the
Director, Test and Evaluation; and
(B) $24,434,000 is authorized for the Director of Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.

(a) FISCAL YEAR 2000.—Of the amounts authorized to be appropriated by section 201, $4,301,421,000 shall be available for basic
research and applied research projects.
(b) BASIC RESEARCH AND APPLIED RESEARCH DEFINED.—For
purposes of this section, the term ‘‘basic research and applied
research’’ means work funded in program elements for defense
research and development under Department of Defense category
6.1 or 6.2.

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113 STAT. 541

Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. COLLABORATIVE PROGRAM TO EVALUATE AND DEMONSTRATE ADVANCED TECHNOLOGIES FOR ADVANCED
CAPABILITY COMBAT VEHICLES.

(a) ESTABLISHMENT OF PROGRAM.—The Secretary of Defense
shall establish and carry out a program to provide for the evaluation
and competitive demonstration of concepts for advanced capability
combat vehicles for the Army.
(b) COVERED PROGRAM.—The program under subsection (a)
shall be carried out collaboratively pursuant to a memorandum
of agreement to be entered into between the Secretary of the Army
and the Director of the Defense Advanced Research Projects Agency.
The program shall include the following activities:
(1) Consideration and evaluation of technologies having
the potential to enable the development of advanced capability
combat vehicles that are significantly superior to the existing
M1 series of tanks in terms of capability for combat, survival,
support, and deployment, including but not limited to the following technologies:
(A) Weapon systems using electromagnetic power,
directed energy, and kinetic energy.
(B) Propulsion systems using hybrid electric drive.
(C) Mobility systems using active and semi-active
suspension and wheeled vehicle suspension.
(D) Protection systems using signature management,
lightweight materials, and full-spectrum active protection.
(E) Advanced robotics, displays, man-machine interfaces, and embedded training.
(F) Advanced sensory systems and advanced systems
for combat identification, tactical navigation, communication, systems status monitoring, and reconnaissance.
(G) Revolutionary methods of manufacturing combat
vehicles.
(2) Incorporation of the most promising such technologies
into demonstration models.
(3) Competitive testing and evaluation of such demonstration models.
(4) Identification of the most promising such demonstration
models within a period of time to enable preparation of a
full development program capable of beginning by fiscal year
2007.
(c) REPORT.—Not later than January 31, 2000, the Secretary
of the Army and the Director of the Defense Advanced Research
Projects Agency shall submit to the congressional defense committees a joint report on the implementation of the program under
subsection (a). The report shall include the following:
(1) A description of the memorandum of agreement referred
to in subsection (b).
(2) A schedule for the program.
(3) An identification of the funding required for fiscal year
2001 and for the future-years defense program to carry out
the program.
(4) A description and assessment of the acquisition strategy
for combat vehicles planned by the Secretary of the Army

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that would sustain the existing force of M1-series tanks,
together with a complete identification of all operation, support,
ownership, and other costs required to carry out such strategy
through the year 2030.
(5) A description and assessment of one or more acquisition
strategies for combat vehicles, alternative to the strategy
referred to in paragraph (4), that would develop a force of
advanced capability combat vehicles significantly superior to
the existing force of M1-series tanks and, for each such alternative acquisition strategy, an estimate of the funding required
to carry out such strategy.
(d) FUNDS.—Of the amount authorized to be appropriated for
Defense-wide activities by section 201(4) for the Defense Advanced
Research Projects Agency, $56,200,000 shall be available only to
carry out the program under subsection (a).
10 USC 2501
note.

Deadline.
Reports.

SEC. 212. SENSE OF CONGRESS REGARDING DEFENSE SCIENCE AND
TECHNOLOGY PROGRAM.

(a) FAILURE TO COMPLY WITH FUNDING OBJECTIVE.—It is the
sense of Congress that the Secretary of Defense has failed to comply
with the funding objective for the Defense Science and Technology
Program, especially the Air Force Science and Technology Program,
as stated in section 214(a) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112
Stat. 1948), thus jeopardizing the stability of the defense technology
base and increasing the risk of failure to maintain technological
superiority in future weapon systems.
(b) FUNDING OBJECTIVE.—It is further the sense of Congress
that, for each of the fiscal years 2001 through 2009, it should
be an objective of the Secretary of Defense to increase the budget
for the Defense Science and Technology Program, including the
science and technology program within each military department,
for the fiscal year over the budget for that program for the preceding
fiscal year by a percent that is at least two percent above the
rate of inflation as determined by the Office of Management and
Budget.
(c) CERTIFICATION.—If the proposed budget for a fiscal year
covered by subsection (b) fails to comply with the objective set
forth in that subsection—
(1) the Secretary of Defense shall submit to Congress—
(A) the certification of the Secretary that the budget
does not jeopardize the stability of the defense technology
base or increase the risk of failure to maintain technological
superiority in future weapon systems; or
(B) a statement of the Secretary explaining why the
Secretary is unable to submit such certification; and
(2) the Defense Science Board shall, not more than 60
days after the date on which the Secretary submits the certification or statement under paragraph (1), submit to the Secretary and Congress a report assessing the effect such failure
to comply is likely to have on defense technology and the
national defense.
SEC. 213. MICRO-SATELLITE TECHNOLOGY DEVELOPMENT PROGRAM.

Of the funds authorized to be appropriated under section 201(3),
$10,000,000 is available for continued implementation of the microsatellite technology program established pursuant to section 215

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113 STAT. 543

of the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105–85; 111 Stat. 1659).
SEC. 214. SPACE CONTROL TECHNOLOGY.

(a) FUNDS AVAILABLE FOR AIR FORCE EXECUTION.—Of the funds
authorized to be appropriated under section 201(3), $14,822,000
shall be available for space control technology development pursuant to the Department of Defense Space Control Technology Plan
of 1999.
(b) FUNDS AVAILABLE FOR ARMY EXECUTION.—Of the funds
authorized to be appropriated under section 201(1), $10,000,000
shall be available for space control technology development. Of
the funds made available pursuant to the preceding sentence, the
commander of the United States Army Space and Missile Defense
Command may use such amounts as are necessary for any or
all of the following activities:
(1) Continued development of the kinetic energy anti-satellite technology program.
(2) Technology development associated with the kinetic
energy anti-satellite kill vehicle to temporarily disrupt satellite
functions.
(3) Cooperative technology development with the Air Force,
pursuant to the Department of Defense Space Control Technology Plan of 1999.
SEC. 215. SPACE MANEUVER VEHICLE PROGRAM.

(a) FUNDING.—Of the funds authorized to be appropriated under
section 201(3), $25,000,000 is available for the Space Maneuver
Vehicle program.
(b) ACQUISITION OF SECOND FLIGHT TEST ARTICLE.—The
amount available for the space maneuver vehicle program under
subsection (a) shall be used for development and acquisition of
an Air Force X–40 flight test article to support the joint Air Force
and National Aeronautics and Space Administration X–37 program
and to meet unique needs of the Air Force Space Maneuver Vehicle
program.
SEC. 216. MANUFACTURING TECHNOLOGY PROGRAM.

(a) OVERALL PURPOSE OF PROGRAM.—Subsection (a) of section
2525 of title 10, United States Code, is amended by inserting
after ‘‘title’’ in the first sentence the following: ‘‘through the development and application of advanced manufacturing technologies and
processes that will reduce the acquisition and supportability costs
of defense weapon systems and reduce manufacturing and repair
cycle times across the life cycles of such systems’’.
(b) SUPPORT OF PROJECTS TO MEET ESSENTIAL DEFENSE
REQUIREMENTS.—Subsection (b)(4) of such section is amended to
read as follows:
‘‘(4) to focus Department of Defense support for the development and application of advanced manufacturing technologies
and processes for use to meet manufacturing requirements
that are essential to the national defense, as well as for repair
and remanufacturing in support of the operations of systems
commands, depots, air logistics centers, and shipyards;’’.
(c) EXECUTION.—Subsection (c) of such section is amended—
(1) by redesignating paragraph (2) as paragraph (5);
(2) by inserting after paragraph (1) the following new paragraphs:

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PUBLIC LAW 106–65—OCT. 5, 1999

‘‘(2) In the establishment and review of requirements for an
advanced manufacturing technology or process, the Secretary shall
ensure the participation of those prospective technology users that
are expected to be the users of that technology or process.
‘‘(3) The Secretary shall ensure that each project under the
program for the development of an advanced manufacturing technology or process includes an implementation plan for the transition
of that technology or process to the prospective technology users
that will be the users of that technology or process.
‘‘(4) In the periodic review of a project under the program,
the Secretary shall ensure participation by those prospective technology users that are the expected users for the technology or
process being developed under the project.’’; and
(3) by adding after paragraph (5) (as redesignated by paragraph (2)) the following new paragraph:
‘‘(6) In this subsection, the term ‘prospective technology users’
means the following officials and elements of the Department of
Defense:
‘‘(A) Program and project managers for defense weapon
systems.
‘‘(B) Systems commands.
‘‘(C) Depots.
‘‘(D) Air logistics centers.
‘‘(E) Shipyards.’’.
(d) CONSIDERATION OF COST-SHARING PROPOSALS.—Subsection
(d) of such section is amended—
(1) by striking paragraphs (2) and (3);
(2) by striking ‘‘(A)’’ after ‘‘(1)’’; and
(3) by striking ‘‘(B) For each’’ and all that follows through
‘‘competitive procedures.’’ and inserting the following: ‘‘(2)
Under the competitive procedures used, the factors to be considered in the evaluation of each proposed grant, contract, cooperative agreement, or other transaction for a project under the
program shall include the extent to which that proposed transaction provides for the proposed recipient to share in the cost
of the project.’’.
(e) REVISIONS TO FIVE-YEAR PLAN.—Subsection (e)(2) of such
section is amended—
(1) in subparagraph (A), by inserting ‘‘, including a description of all completed projects and status of implementation’’
before the period at the end; and
(2) by adding at the end the following new subparagraph:
‘‘(C) Plans for the implementation of the advanced manufacturing technologies and processes being developed under the
program.’’.
SEC. 217. REVISION TO LIMITATIONS ON HIGH ALTITUDE ENDURANCE
UNMANNED VEHICLE PROGRAM.

Section 216(b) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1660) is amended
by striking ‘‘may not procure any’’ and inserting ‘‘may not procure
more than two’’.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 545

Subtitle C—Ballistic Missile Defense
SEC. 231. SPACE BASED INFRARED SYSTEM (SBIRS) LOW PROGRAM.

(a) PRIMARY MISSION OF SBIRS LOW SYSTEM.—The primary
mission of the system designated as of the date of the enactment
of this Act as the Space Based Infrared System Low (hereinafter
in this section referred to as the ‘‘SBIRS Low system’’) is ballistic
missile defense. The Secretary of Defense shall carry out the acquisition program for that system consistent with that primary mission.
(b) OVERSIGHT OF CERTAIN PROGRAM FUNCTIONS.—With respect
to the SBIRS Low system, the Secretary of Defense shall require
that the Secretary of the Air Force obtain the approval of the
Director of the Ballistic Missile Defense Organization before the
Secretary—
(1) establishes any system level technical requirement or
makes any change to any such requirement;
(2) makes any change to the SBIRS Low baseline schedule;
or
(3) makes any change to the budget baseline identified
in the fiscal year 2000 future-years defense program.
(c) PRIORITY FOR ANCILLARY MISSIONS.—The Secretary of
Defense shall ensure that the Director of the Ballistic Missile
Defense Organization, in executing the authorities specified in subsection (b), engages in appropriate coordination with the Secretary
of the Air Force and elements of the intelligence community to
ensure that ancillary SBIRS Low missions (that is, missions other
than the primary mission of ballistic missile defense) receive proper
priority to the extent that those ancillary missions do not increase
technical or schedule risk.
(d) MANAGEMENT AND FUNDING BUDGET ACTIVITY.—The Secretary of Defense shall transfer the management and budgeting
of funds for the SBIRS Low system from the Tactical Intelligence
and Related Activities (TIARA) budget aggregation to a nonintelligence budget activity of the Air Force.
(e) DEADLINE FOR DEFINITION OF SYSTEM REQUIREMENTS.—
The system level technical requirements for the SBIRS Low system
shall be defined not later than July 1, 2000.
(f) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘system level technical requirements’’ means
those technical requirements and those functional requirements
of a system, expressed in terms of technical performance and
mission requirements, including test provisions, that determine
the direction and progress of the systems engineering effort
and the degree of convergence upon a balanced and complete
configuration.
(2) The term ‘‘SBIRS Low baseline schedule’’ means a program schedule that includes—
(A) a Milestone II decision on entry into engineering
and manufacturing development to be made during fiscal
year 2002;
(B) a critical design review to be conducted during
fiscal year 2003; and
(C) a first launch of a SBIRS Low satellite to be made
during fiscal year 2006.

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PUBLIC LAW 106–65—OCT. 5, 1999

SEC. 232. THEATER MISSILE DEFENSE UPPER TIER ACQUISITION
STRATEGY.

(a) REVISED UPPER TIER STRATEGY.—The Secretary of Defense
shall establish an acquisition strategy for the two upper tier missile
defense systems that—
(1) retains funding for both of the upper tier systems in
separate, independently managed program elements throughout
the future-years defense program;
(2) bases funding decisions and program schedules for each
upper tier system on the performance of each system independent of the performance of the other system; and
(3) provides for accelerating the deployment of both of
the upper tier systems to the maximum extent practicable.
(b) UPPER TIER SYSTEMS DEFINED.—For purposes of this section, the upper tier missile defense systems are the following:
(1) The Navy Theater Wide system.
(2) The Theater High-Altitude Area Defense (THAAD)
system.
SEC. 233. ACQUISITION STRATEGY FOR THEATER HIGH-ALTITUDE
AREA DEFENSE (THAAD) SYSTEM.

Deadline.
Reports.

(a) INDEPENDENT REVIEW OF SYSTEM.—Subsection (a) of section
236 of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (Public Law 105–261; 112 Stat. 1953) is
amended to read as follows:
‘‘(a) CONTINUED INDEPENDENT REVIEW.—The Secretary of
Defense shall take appropriate steps to assure continued independent review, as the Secretary determines is needed, of the
Theater High-Altitude Area Defense (THAAD) program.’’.
(b) COORDINATION OF DEVELOPMENT OF SYSTEM ELEMENTS.—
Subsection (c) of such section is amended by striking ‘‘may’’ and
inserting ‘‘shall’’.
(c) REVISION TO LIMITATION ON ENTERING MANUFACTURING AND
DEVELOPMENT PHASE FOR INTERCEPTOR MISSILE.—Subsection (e)
of such section is amended—
(1) by redesignating paragraph (2) as paragraph (4); and
(2) by inserting after paragraph (1) the following new paragraphs:
‘‘(2) If the Secretary determines, after a second successful test
of the interceptor missile of the THAAD system, that the THAAD
program has achieved a sufficient level of technical maturity, the
Secretary may waive the limitation specified in paragraph (1).
‘‘(3) If the Secretary grants a waiver under paragraph (2),
the Secretary shall, not later than 60 days after the date of the
issuance of the waiver, submit to the congressional defense committees a report describing the technical rationale for that action.’’.
SEC. 234. SPACE-BASED LASER PROGRAM.

Deadline.

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(a) STRUCTURE OF PROGRAM.—The Secretary of Defense shall
structure the space-based laser program to include—
(1) an integrated flight experiment; and
(2) an ongoing analysis and technology effort to support
the development of an objective system design.
(b) INTEGRATED FLIGHT EXPERIMENT PROGRAM BASELINE.—Not
later than March 15, 2000, the Secretary of Defense, in consultation
with the joint venture contractors for the space-based laser program,

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shall establish a program baseline for the integrated flight experiment referred to in subsection (a)(1).
(c) STRUCTURE OF INTEGRATED FLIGHT EXPERIMENT PROGRAM
BASELINE.—The program baseline established under subsection (b)
shall be structured to—
(1) demonstrate at the earliest date consistent with the
requirements of this section the fundamental end-to-end capability to acquire, track, and destroy a boosting ballistic missile
with a lethal laser from space; and
(2) establish a balance between the use of mature technology and more advanced technology so that the integrated
flight experiment, while providing significant information that
can be used in planning and implementing follow-on phases
of the space-based laser program, will be launched as soon
as practicable.
(d) FUNDS AVAILABLE FOR INTEGRATED FLIGHT EXPERIMENT.—
Amounts shall be available for the integrated flight experiment
as follows:
(1) From amounts available pursuant to section 201(3),
$73,840,000.
(2) From amounts available pursuant to section 201(4),
$75,000,000.
(e) LIMITATION ON OBLIGATION OF FUNDS FOR INTEGRATED
FLIGHT EXPERIMENT.—No funds made available in subsection (d)
for the integrated flight experiment may be obligated until the
Secretary of the Air Force—
(1) develops a specific spending plan for such amounts;
and
(2) provides such plan to the congressional defense committees.
(f) OBJECTIVE SYSTEM DESIGN.—To support the development
of an objective system design for a space-based laser system suited
to the operational and technological environment that will exist
when such a system can be deployed, the Secretary of Defense
shall establish an analysis and technology effort that complements
the integrated flight experiment. That effort shall include the following:
(1) Research and development on advanced technologies
that will not be demonstrated on the integrated flight experiment but may be necessary for an objective system.
(2) Architecture studies to assess alternative constellation
and system performance characteristics.
(3) Planning for the development of a space-based laser
prototype that—
(A) uses the lessons learned from the integrated flight
experiment; and
(B) is supported by the ongoing research and development under paragraph (1), the architecture studies under
paragraph (2), and other relevant advanced technology
research and development.
(g) FUNDS AVAILABLE FOR OBJECTIVE SYSTEM DESIGN DURING
FISCAL YEAR 2000.—During fiscal year 2000, the Secretary of the
Air Force may use amounts made available for the integrated
flight experiment under subsection (d) for the purpose of supporting
the effort specified in subsection (f) if the Secretary of the Air
Force first—

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113 STAT. 548

Deadline.

PUBLIC LAW 106–65—OCT. 5, 1999

(1) determines that such amounts are needed for that purpose;
(2) develops a specific spending plan for such amounts;
and
(3) consults with the congressional defense committees
regarding such plan.
(h) ANNUAL REPORT.—For each year in the three-year period
beginning with the year 2000, the Secretary of Defense shall, not
later than March 15 of that year, submit to the congressional
defense committees a report on the space-based laser program.
Each such report shall include the following:
(1) The program baseline for the integrated flight experiment.
(2) Any changes in that program baseline.
(3) A description of the activities of the space-based laser
program in the preceding year.
(4) A description of the activities of the space-based laser
program planned for the next fiscal year.
(5) The funding planned for the space-based laser program
throughout the future-years defense program.
SEC. 235. CRITERIA FOR PROGRESSION OF AIRBORNE LASER PROGRAM.

(a) MODIFICATION OF PDRR AIRCRAFT.—No modification of the
PDRR aircraft may commence until the Secretary of the Air Force
certifies to Congress that the commencement of such modification
is justified on the basis of existing test data and analyses involving
the following activities:
(1) The North Oscura Peak test program.
(2) Scintillometry data collection and analysis.
(3) The lethality/vulnerability program.
(4) The countermeasures test and analysis effort.
(5) Reduction and analysis of atmospheric data for fiscal
years 1997 and 1998.
(b) ACQUISITION OF EMD AIRCRAFT AND FLIGHT TEST OF PDRR
AIRCRAFT.—In carrying out the Airborne Laser program, the Secretary of Defense shall ensure that the Authority-to-Proceed-2 decision is not made until the Secretary of Defense—
(1) ensures that the Secretary of the Air Force has developed an appropriate plan for resolving the technical challenges
identified in the Airborne Laser Program Assessment;
(2) approves that plan; and
(3) submits that plan to the congressional defense committees.
(c) ENTRY INTO EMD PHASE.—The Secretary of Defense shall
ensure that the Milestone II decision is not made until—
(1) the PDRR aircraft undergoes a robust series of flight
tests that validates the technical maturity of the Airborne
Laser program and provides sufficient information regarding
the performance of the Airborne Laser system; and
(2) sufficient technical information is available to determine
whether adequate progress is being made in the ongoing effort
to address the operational issues identified in the Airborne
Laser Program Assessment.
(d) MODIFICATION OF EMD AIRCRAFT.—The Secretary of the
Air Force may not commence any modification of the EMD aircraft
until the Milestone II decision is made.

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(e) DEFINITIONS.—In this section:
(1) The term ‘‘PDRR aircraft’’ means the aircraft relating
to the program definition and risk reduction phase of the Airborne Laser program.
(2) The term ‘‘EMD aircraft’’ means the aircraft relating
to the engineering and manufacturing development phase of
the Airborne Laser program.
(3) The term ‘‘Authority-to-Proceed-2 decision’’ means the
decision allowing acquisition of the EMD aircraft and flight
testing of the PDRR aircraft.
(4) The term ‘‘Milestone II decision’’ means the decision
allowing the entry of the Airborne Laser program into the
engineering and manufacturing development phase.
(5) The term ‘‘Airborne Laser Program Assessment’’ means
the report titled ‘‘Assessment of Technical and Operational
Aspects of the Airborne Laser Program’’, submitted to Congress
by the Secretary of Defense on March 9, 1999.
SEC. 236. SENSE OF CONGRESS REGARDING
DEFENSE TECHNOLOGY FUNDING.

BALLISTIC

MISSILE

It is the sense of Congress that—
(1) because technology development provides the basis for
future weapon systems, it is important to maintain a healthy
balance between funding for the development of technology
for ballistic missile defense systems and funding for the acquisition of ballistic missile defense systems;
(2) funding planned within the future-years defense program of the Department of Defense should be sufficient to
support the development of technology for future and followon ballistic missile defense systems while simultaneously supporting the acquisition of ballistic missile defense systems; and
(3) the Secretary of Defense should seek to ensure that
funding in the future-years defense program is adequate both
for the development of technology for advanced ballistic missile
defense systems and for the major existing programs for the
acquisition of ballistic missile defense systems.
SEC. 237. REPORT ON NATIONAL MISSILE DEFENSE.

Deadline.

Not later than March 15, 2000, the Secretary of Defense shall
submit to Congress the Secretary’s assessment of the advantages
or disadvantages of a two-site deployment of a ground-based
National Missile Defense system, with special reference to considerations of the world-wide ballistic missile threat, defensive coverage,
redundancy and survivability, and economies of scale.

Subtitle D—Research and Development for
Long-Term Military Capabilities
SEC. 241. QUADRENNIAL REPORT ON EMERGING OPERATIONAL CONCEPTS.

(a) IN GENERAL.—(1) Chapter 23 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 486. Quadrennial report on emerging operational concepts
‘‘(a) QUADRENNIAL REPORT REQUIRED.—Not later than March
1 of each year evenly divisible by four, the Secretary of Defense

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PUBLIC LAW 106–65—OCT. 5, 1999

shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a report on emerging operational concepts. Each such report
shall be prepared by the Secretary in consultation with the Chairman of the Joint Chiefs of Staff.
‘‘(b) CONTENT OF REPORT RELATING TO DOD PROCESSES.—Each
such report shall contain a description, for the four years preceding
the year in which the report is submitted, of the following:
‘‘(1) The process undertaken in the Department of Defense,
and in each of the Army, Navy, Air Force, and Marine Corps,
to define and develop doctrine, operational concepts, organizational concepts, and acquisition strategies to address—
‘‘(A) the potential of emerging technologies for significantly improving the operational effectiveness of the armed
forces;
‘‘(B) changes in the international order that may necessitate changes in the operational capabilities of the armed
forces;
‘‘(C) emerging capabilities of potential adversary states;
and
‘‘(D) changes in defense budget projections.
‘‘(2) The manner in which the processes described in paragraph (1) are harmonized to ensure that there is a sufficient
consideration of the development of joint doctrine, operational
concepts, and acquisition strategies.
‘‘(3) The manner in which the processes described in paragraph (1) are coordinated through the Joint Requirements Oversight Council and reflected in the planning, programming, and
budgeting process of the Department of Defense.
‘‘(c) CONTENT OF REPORT RELATING TO IDENTIFICATION OF
TECHNOLOGICAL OBJECTIVES FOR RESEARCH AND DEVELOPMENT.—
Each report under this section shall set forth the military capabilities that are necessary for meeting national security requirements
over the next two to three decades, including—
‘‘(1) the most significant strategic and operational capabilities (including both armed force-specific and joint capabilities)
that are necessary for the armed forces to prevail against
the most dangerous threats, including asymmetrical threats,
that could be posed to the national security interests of the
United States by potential adversaries from 20 to 30 years
in the future;
‘‘(2) the key characteristics and capabilities of future military systems (including both armed force-specific and joint systems) that will be needed to meet each such threat; and
‘‘(3) the most significant research and development challenges that must be met, and the technological breakthroughs
that must be made, to develop and field such systems.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘486. Quadrennial report on emerging operational concepts.’’.

(b) CONFORMING REPEAL.—Section 1042 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110
Stat. 2642; 10 U.S.C. 113 note) is repealed.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 551

SEC. 242. TECHNOLOGY AREA REVIEW AND ASSESSMENT.

Section 270(b) of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2469; 10 U.S.C.
2501 note) is amended to read as follows:
‘‘(b) TECHNOLOGY AREA REVIEW AND ASSESSMENT.—With the
submission of the plan under subsection (a) each year, the Secretary
shall also submit to the committees referred to in that subsection
a summary of each technology area review and assessment conducted by the Department of Defense in support of that plan.’’.
SEC. 243. REPORT BY UNDER SECRETARY OF DEFENSE FOR ACQUISITION, TECHNOLOGY, AND LOGISTICS.

10 USC 2501
note.

(a) REQUIREMENT.—The Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the congressional
defense committees a report on the actions that are necessary
to promote the research base and technological development that
will be needed for ensuring that the Armed Forces have the military
capabilities that are necessary for meeting national security requirements over the next two to three decades.
(b) CONTENT.—The report shall include the actions that have
been taken or are planned to be taken within the Department
of Defense to ensure that—
(1) the Department of Defense laboratories place an appropriate emphasis on revolutionary changes in military operations
and the new technologies that will be necessary to support
those operations;
(2) the Department helps sustain a high-quality national
research base that includes organizations attuned to the needs
of the Department, the fostering and creation of revolutionary
technologies useful to the Department, and the capability to
identify opportunities for new military capabilities in emerging
scientific knowledge;
(3) the Department can identify, provide appropriate
funding for, and ensure the coordinated development of joint
technologies that will serve the needs of more than one of
the Armed Forces;
(4) the Department can identify militarily relevant technologies that are developed in the private sector, rapidly incorporate those technologies into defense systems, and effectively
utilize technology transfer processes;
(5) the Department can effectively and efficiently manage
the transition of new technologies from the applied research
and advanced technological development stage through the
product development stage in a manner that ensures that maximum advantage is obtained from advances in technology; and
(6) the Department’s educational institutions for the officers
of the uniformed services incorporate into their officer education
and training programs, as appropriate, materials necessary
to ensure that the officers have the familiarity with the processes, advances, and opportunities in technology development
that is necessary for making decisions that ensure the superiority of United States defense technology in the future.

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113 STAT. 552

PUBLIC LAW 106–65—OCT. 5, 1999

SEC. 244. DARPA PROGRAM FOR AWARD OF COMPETITIVE PRIZES TO
ENCOURAGE
DEVELOPMENT
OF
ADVANCED
TECHNOLOGIES.

(a) AUTHORITY.—Chapter 139 of title 10, United States Code,
is amended by inserting after section 2374 the following new section:

Termination
date.

‘‘§ 2374a. Prizes for advanced technology achievements
‘‘(a) AUTHORITY.—The Secretary of Defense, acting through the
Director of the Defense Advanced Research Projects Agency, may
carry out a program to award cash prizes in recognition of outstanding achievements in basic, advanced, and applied research,
technology development, and prototype development that have the
potential for application to the performance of the military missions
of the Department of Defense.
‘‘(b) COMPETITION REQUIREMENTS.—The program under subsection (a) shall use a competitive process for the selection of
recipients of cash prizes. The process shall include the widelyadvertised solicitation of submissions of research results, technology
developments, and prototypes.
‘‘(c) LIMITATIONS.—(1) The total amount made available for
award of cash prizes in a fiscal year may not exceed $10,000,000.
‘‘(2) No prize competition may result in the award of more
than $1,000,000 in cash prizes without the approval of the Under
Secretary of Defense for Acquisition, Technology, and Logistics.
‘‘(d) RELATIONSHIP TO OTHER AUTHORITY.—The program under
subsection (a) may be carried out in conjunction with or in addition
to the exercise of any other authority of the Director to acquire,
support, or stimulate basic, advanced and applied research, technology development, or prototype projects.
‘‘(e) ANNUAL REPORT.—Promptly after the end of each fiscal
year, the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
on the administration of the program for that fiscal year. The
report shall include the following:
‘‘(1) The military applications of the research, technology,
or prototypes for which prizes were awarded.
‘‘(2) The total amount of the prizes awarded.
‘‘(3) The methods used for solicitation and evaluation of
submissions, together with an assessment of the effectiveness
of those methods.
‘‘(f) PERIOD OF AUTHORITY.—The authority to award prizes
under subsection (a) shall terminate at the end of September 30,
2003.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating
to section 2374 the following new item:
‘‘2374a. Prizes for advanced technology achievements.’’.

10 USC 2358
note.

SEC. 245. ADDITIONAL PILOT PROGRAM FOR REVITALIZING DEPARTMENT OF DEFENSE LABORATORIES.

(a) AUTHORITY.—(1) The Secretary of Defense may carry out
a pilot program to demonstrate improved efficiency in the performance of research, development, test, and evaluation functions of
the Department of Defense. The pilot program under this section
is in addition to, but may be carried out in conjunction with,
the pilot program authorized by section 246 of the Strom Thurmond

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 553

National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105–261; 112 Stat. 1955; 10 U.S.C. 2358 note).
(2) Under the pilot program, the Secretary of Defense shall
provide the director of one science and technology laboratory, and
the director of one test and evaluation laboratory, of each military
department with authority for the following:
(A) To ensure that the laboratories selected can attract
a workforce appropriately balanced between permanent and
temporary personnel and among workers with an appropriate
level of skills and experience and that those laboratories can
effectively compete in hiring to obtain the finest scientific
talent.
(B) To develop or expand innovative methods of operation
that provide more defense research for each dollar of cost,
including carrying out initiatives such as focusing on the
performance of core functions and adopting more businesslike practices.
(C) To waive any restrictions not required by law that
apply to the demonstration and implementation of methods
for achieving the objectives set forth in subparagraphs (A)
and (B).
(3) In selecting the laboratories for participation in the pilot
program, the Secretary shall consider laboratories where innovative
management techniques have been demonstrated, particularly as
documented under sections 1115 through 1119 of title 31, United
States Code, relating to Government agency performance and
results.
(4) The Secretary may carry out the pilot program at each
selected laboratory for a period of three years beginning not later
than March 1, 2000.
(b) REPORTS.—(1) Not later than March 1, 2000, the Secretary
of Defense shall submit to Congress a report on the implementation
of the pilot program. The report shall include the following:
(A) Each laboratory selected for the pilot program.
(B) To the extent possible, a description of the innovative
concepts that are to be tested at each laboratory.
(C) The criteria to be used for measuring the success of
each concept to be tested.
(2) Promptly after the expiration of the period for participation
of a laboratory in the pilot program, the Secretary of Defense
shall submit to Congress a final report on the participation of
that laboratory in the pilot program. The report shall include the
following:
(A) A description of the concepts tested.
(B) The results of the testing.
(C) The lessons learned.
(D) Any proposal for legislation that the Secretary recommends on the basis of the experience at that laboratory
under the pilot program.

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113 STAT. 554

PUBLIC LAW 106–65—OCT. 5, 1999

Subtitle E—Other Matters
SEC. 251. DEVELOPMENT OF DEPARTMENT OF DEFENSE LASER
MASTER PLAN AND EXECUTION OF SOLID STATE LASER
PROGRAM.

Deadline.

(a) MASTER PLAN REQUIRED.—The Secretary of Defense shall
develop a unified plan of the Department of Defense to develop
laser technology for potential weapons applications (in this section
referred to as the ‘‘laser master plan’’). In developing the plan,
the Secretary shall consult with the Secretary of Energy and the
Secretaries of the military departments.
(b) CONTENTS OF LASER MASTER PLAN.—The laser master plan
shall include the following:
(1) Identification of potential weapons applications of chemical, solid state, and other lasers.
(2) Identification of critical technologies and manufacturing
capabilities required to achieve such weapons applications.
(3) A development path for those critical technologies and
manufacturing capabilities.
(4) Identification of the funding required in future fiscal
years to carry out the laser master plan.
(5) Identification of unfunded requirements in the laser
master plan.
(6) An appropriate management and oversight structure
to carry out the laser master plan.
(c) REPORT.—Not later than March 15, 2000, the Secretary
of Defense shall submit to the congressional defense committees
a report containing the laser master plan.
(d) RECOMMENDATIONS FOR EXECUTIVE AGENT FOR SOLID STATE
LASER PROGRAMS.—Upon the completion of the laser master plan,
the Secretary of Defense shall submit to the congressional defense
committees the recommendations of the Secretary as to the
establishment of an executive agent to coordinate, implement, and
oversee the execution of the elements of the laser master plan
that relate to solid state lasers.
(e) DEVELOPMENT AND DEMONSTRATION OF SOLID STATE LASER
TECHNOLOGY.—The Secretary of the Army shall—
(1) initiate, not later than November 1, 1999, or 30 days
after the date of the enactment of this Act, whichever is later,
a development program for solid state laser technologies; and
(2) demonstrate solid state laser technology consistent with
the objectives of the technical partnership between the United
States Army Space and Missile Defense Command and the
Lawrence Livermore National Laboratory, Livermore, California, with a goal of achieving a solid state laser of 100
kilowatt average power.
(f) FUNDING.—From amounts available pursuant to section
201(1), $20,000,000 shall be available to carry out the activities
specified in subsection (e).
SEC. 252. REPORT ON AIR FORCE DISTRIBUTED MISSION TRAINING.

Deadline.

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(a) REQUIREMENT.—The Secretary of the Air Force shall submit
to Congress, not later than January 31, 2000, a report on the
Air Force Distributed Mission Training program.
(b) CONTENT OF REPORT.—The report shall include a discussion
of the following:

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 555

(1) The progress that the Air Force has made to demonstrate and prove the Air Force Distributed Mission Training
concept of linking geographically separated, high-fidelity simulators to provide a mission rehearsal capability for Air Force
units, and any units of any of the other Armed Forces as
may be necessary, to train together from their home stations.
(2) The actions that have been taken or are planned to
be taken within the Department of the Air Force to ensure
that—
(A) an independent study of all requirements, technologies, and acquisition strategies essential to the formulation of a sound Distributed Mission Training program is
under way; and
(B) all Air Force laboratories and other Air Force facilities necessary to the research, development, testing, and
evaluation of the Distributed Mission Training program
have been assessed regarding the availability of the necessary resources to demonstrate and prove the Air Force
Distributed Mission Training concept.

TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of Appropriations
Operation and maintenance funding.
Working capital funds.
Armed Forces Retirement Home.
Transfer from National Defense Stockpile Transaction Fund.
Transfer to Defense Working Capital Funds to support Defense Commissary Agency.

Sec.
Sec.
Sec.
Sec.
Sec.

301.
302.
303.
304.
305.

Sec.
Sec.
Sec.
Sec.

Subtitle B—Program Requirements, Restrictions, and Limitations
311. Armed Forces Emergency Services.
312. Replacement of nonsecure tactical radios of the 82nd Airborne Division.
313. Large medium-speed roll-on/roll-off (LMSR) program.
314. Contributions for Spirit of Hope endowment fund of United Service Organizations, Incorporated.

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113 STAT. 556

PUBLIC LAW 106–65—OCT. 5, 1999

Sec. 333. Annual reports on expenditures for performance of depot-level maintenance and repair workloads by public and private sectors.
Sec. 334. Applicability of competition requirement in contracting out workloads performed by depot-level activities of Department of Defense.
Sec. 335. Treatment of public sector winning bidders for contracts for performance
of depot-level maintenance and repair workloads formerly performed at
certain military installations.
Sec. 336. Additional matters to be reported before prime vendor contract for depotlevel maintenance and repair is entered into.
Subtitle E—Performance of Functions by Private-Sector Sources
Sec. 341. Reduced threshold for consideration of effect on local community of changing defense functions to private sector performance.
Sec. 342. Congressional notification of A–76 cost comparison waivers.
Sec. 343. Report on use of employees of non-Federal entities to provide services to
Department of Defense.
Sec. 344. Evaluation of Total System Performance Responsibility Program.
Sec. 345. Sense of Congress regarding process for modernization of army computer
services.
Subtitle F—Defense Dependents Education
Sec. 351. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.
Sec. 352. Unified school boards for all Department of Defense domestic dependent
schools in the Commonwealth of Puerto Rico and Guam.
Sec. 353. Continuation of enrollment at Department of Defense domestic dependent
elementary and secondary schools.
Sec. 354. Technical amendments to Defense Dependents’ Education Act of 1978.
Subtitle G—Military Readiness Issues
Sec. 361. Independent study of military readiness reporting system.
Sec. 362. Independent study of Department of Defense secondary inventory and
parts shortages.
Sec. 363. Report on inventory and control of military equipment.
Sec. 364. Comptroller General study of adequacy of Department restructured
sustainment and reengineered logistics product support practices.
Sec. 365. Comptroller General review of real property maintenance and its effect on
readiness.
Sec. 366. Establishment of logistics standards for sustained military operations.
Subtitle H—Information Technology Issues
Sec. 371. Discretionary authority to install telecommunication equipment for persons performing voluntary services.
Sec. 372. Authority for disbursing officers to support use of automated teller machines on naval vessels for financial transactions.
Sec. 373. Use of Smart Card technology in the Department of Defense.
Sec. 374. Report on Defense use of Smart Card as PKI authentication device carrier.
Subtitle I—Other Matters
Sec. 381. Authority to lend or donate obsolete or condemned rifles for funeral and
other ceremonies.
Sec. 382. Extension of warranty claims recovery pilot program.
Sec. 383. Preservation of historic buildings and grounds at United States Soldiers’
and Airmen’s Home, District of Columbia.
Sec. 384. Clarification of land conveyance authority, United States Soldiers’ and
Airmen’s Home.
Sec. 385. Treatment of Alaska, Hawaii, and Guam in Defense household goods
moving programs.

Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.

Funds are hereby authorized to be appropriated for fiscal year
2000 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for expenses, not otherwise
provided for, for operation and maintenance, in amounts as follows:

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 557

(1) For the Army, $18,922,494,000.
(2) For the Navy, $22,641,515,000.
(3) For the Marine Corps, $2,724,529,000 .
(4) For the Air Force, $20,961,458,000.
(5) For Defense-wide activities, $11,496,633,000.
(6) For the Army Reserve, $1,441,213,000.
(7) For the Naval Reserve, $937,647,000.
(8) For the Marine Corps Reserve, $135,766,000.
(9) For the Air Force Reserve, $1,750,937,000.
(10) For the Army National Guard, $3,113,684,000.
(11) For the Air National Guard, $3,168,518,000.
(12) For the Defense Inspector General, $138,744,000.
(13) For the United States Court of Appeals for the Armed
Forces, $7,621,000.
(14) For Environmental Restoration, Army, $378,170,000.
(15) For Environmental Restoration, Navy, $284,000,000.
(16) For Environmental Restoration, Air Force,
$376,800,000.
(17) For Environmental Restoration, Defense-wide,
$25,370,000.
(18) For Environmental Restoration, Formerly Used
Defense Sites, $239,214,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $55,800,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $803,500,000.
(21) For the Kaho’olawe Island Conveyance, Remediation,
and Environmental Restoration Trust Fund, $15,000,000.
(22) For Defense Health Program, $10,482,687,000.
(23) For Cooperative Threat Reduction programs,
$475,500,000.
(24) For Overseas Contingency Operations Transfer Fund,
$1,879,600,000.
(25) For quality of life enhancements, $1,845,370,000.
SEC. 302. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal year
2000 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for providing capital for
working capital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $90,344,000.
(2) For the National Defense Sealift Fund, $434,700,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.

There is hereby authorized to be appropriated for fiscal year
2000 from the Armed Forces Retirement Home Trust Fund the
sum of $68,295,000 for the operation of the Armed Forces Retirement Home, including the United States Soldiers’ and Airmen’s
Home and the Naval Home.
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANSACTION FUND.

(a) TRANSFER AUTHORITY.—To the extent provided in appropriations Acts, not more than $150,000,000 is authorized to be transferred from the National Defense Stockpile Transaction Fund to
operation and maintenance accounts for fiscal year 2000 in amounts
as follows:
(1) For the Army, $50,000,000.

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113 STAT. 558

PUBLIC LAW 106–65—OCT. 5, 1999

(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) TREATMENT OF TRANSFERS.—Amounts transferred under
this section—
(1) shall be merged with, and be available for the same
purposes and the same period as, the amounts in the accounts
to which transferred; and
(2) may not be expended for an item that has been denied
authorization of appropriations by Congress.
(c) RELATIONSHIP TO OTHER TRANSFER AUTHORITY.—The
transfer authority provided in this section is in addition to the
transfer authority provided in section 1001.
SEC. 305. TRANSFER TO DEFENSE WORKING CAPITAL FUNDS TO SUPPORT DEFENSE COMMISSARY AGENCY.

(a) ARMY OPERATION AND MAINTENANCE FUNDS.—The Secretary
of the Army shall transfer $346,154,000 of the amount authorized
to be appropriated by section 301(1) for operation and maintenance
for the Army to the Defense Working Capital Funds for the purpose
of funding operations of the Defense Commissary Agency.
(b) NAVY OPERATION AND MAINTENANCE FUNDS.—The Secretary
of the Navy shall transfer $263,070,000 of the amount authorized
to be appropriated by section 301(2) for operation and maintenance
for the Navy to the Defense Working Capital Funds for the purpose
of funding operations of the Defense Commissary Agency.
(c) MARINE CORPS OPERATION AND MAINTENANCE FUNDS.—The
Secretary of the Navy shall transfer $90,834,000 of the amount
authorized to be appropriated by section 301(3) for operation and
maintenance for the Marine Corps to the Defense Working Capital
Funds for the purpose of funding operations of the Defense Commissary Agency.
(d) AIR FORCE OPERATION AND MAINTENANCE FUNDS.—The Secretary of the Air Force shall transfer $309,061,000 of the amount
authorized to be appropriated by section 301(4) for operation and
maintenance for the Air Force to the Defense Working Capital
Funds for the purpose of funding operations of the Defense Commissary Agency.
(e) TREATMENT OF TRANSFERS.—Amounts transferred under
this section—
(1) shall be merged with, and be available for the same
purposes and the same period as, other amounts in the Defense
Working Capital Funds available for the purpose of funding
operations of the Defense Commissary Agency; and
(2) may not be expended for an item that has been denied
authorization of appropriations by Congress.
(f) RELATIONSHIP TO OTHER TRANSFER AUTHORITY.—The
transfer requirements of this section are in addition to the transfer
authority provided in section 1001.

Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 311. ARMED FORCES EMERGENCY SERVICES.

for

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Of the amount authorized to be appropriated by section 301(5)
operation and maintenance for Defense-wide activities,

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 559

$23,000,000 shall be made available to the American Red Cross
to fund the Armed Forces Emergency Services.
SEC. 312. REPLACEMENT OF NONSECURE TACTICAL RADIOS OF THE
82ND AIRBORNE DIVISION.

Of the amount authorized to be appropriated by section 301(1)
for operation and maintenance for the Army, such funds as may
be necessary, but not to exceed $5,500,000, shall be available to
the Secretary of the Army for the purpose of replacing nonsecure
tactical radios used by the 82nd Airborne Division with radios,
such as models AN/PRC–138 and AN/PRC–148, identified as being
capable of fulfilling mission requirements.
SEC. 313. LARGE MEDIUM-SPEED ROLL-ON/ROLL-OFF (LMSR) PROGRAM.

(a) AUTHORIZATION OF SHIP.—The Secretary of the Navy is
authorized to procure the large medium-speed roll-on/roll-off
(LMSR) ship to be designated T–AKR 307 or T–AKR 317, subject
to the availability of appropriations for that purpose.
(b) AMOUNT AUTHORIZED.—Of the amount authorized to be
appropriated under section 302(2) for fiscal year 2000 that is provided for the National Defense Sealift Fund, $80,000,000 is available for the advance procurement and advance construction of
components for the LMSR program referred to in subsection (a).
The Secretary of the Navy may enter into a contract or contracts
with the shipbuilder and other entities for the advance procurement
and advance construction of those components.
SEC. 314. CONTRIBUTIONS FOR SPIRIT OF HOPE ENDOWMENT FUND
OF UNITED SERVICE ORGANIZATIONS, INCORPORATED.

(a) GRANTS AUTHORIZED.—Subject to subsection (c), the Secretary of Defense may make grants to the United Service Organizations, Incorporated, a federally chartered corporation under chapter
2201 of title 36, United States Code, to contribute funds for the
USO’s Spirit of Hope Endowment Fund.
(b) GRANT INCREMENTS.—The amount of the first grant under
subsection (a) may not exceed $2,000,000. The amount of the second
grant under such subsection may not exceed $3,000,000, and subsequent grants may not exceed $5,000,000.
(c) MATCHING REQUIREMENT.—Each grant under subsection (a)
may not be made until after the United Service Organizations,
Incorporated, certifies to the Secretary of Defense that sufficient
funds have been raised from non-Federal sources for deposit in
the Spirit of Hope Endowment Fund to match, on a dollar-fordollar basis, the amount of that grant.
(d) FUNDING.—Of the amount authorized to be appropriated
by section 301(5) for operation and maintenance for Defense-wide
activities, $25,000,000 shall be available to the Secretary of Defense
for the purpose of making grants under subsection (a).

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113 STAT. 560

PUBLIC LAW 106–65—OCT. 5, 1999

Subtitle C—Environmental Provisions
SEC. 321. EXTENSION OF LIMITATION ON PAYMENT OF FINES AND
PENALTIES USING FUNDS IN ENVIRONMENTAL RESTORATION ACCOUNTS.

Section 2703(e) of title 10, United States Code, is amended
by striking ‘‘through 1999,’’ both places it appears and inserting
‘‘through 2010,’’.
SEC. 322. MODIFICATION OF REQUIREMENTS FOR ANNUAL REPORTS
ON ENVIRONMENTAL COMPLIANCE ACTIVITIES.

Deadline.

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(a) MODIFICATION OF REQUIREMENTS.—Subsection (b) of section
2706 of title 10, United States Code, is amended to read as follows:
‘‘(b) REPORT ON ENVIRONMENTAL QUALITY PROGRAMS AND
OTHER ENVIRONMENTAL ACTIVITIES.—(1) The Secretary of Defense
shall submit to Congress each year, not later than 45 days after
the date on which the President submits to Congress the budget
for a fiscal year, a report on the progress made in carrying out
activities under the environmental quality programs of the Department of Defense and the military departments.
‘‘(2) Each report shall include the following:
‘‘(A) A description of the environmental quality program
of the Department of Defense, and of each of the military
departments, during the period consisting of the four fiscal
years preceding the fiscal year in which the report is submitted,
the fiscal year in which the report is submitted, and the fiscal
year following the fiscal year in which the report is submitted.
‘‘(B) For each of the major activities under the environmental quality programs:
‘‘(i) A specification of the amount expended, or proposed
to be expended, in each fiscal year of the period covered
by the report.
‘‘(ii) An explanation for any significant change in the
aggregate amount to be expended in the fiscal year in
which the report is submitted, and in the following fiscal
year, when compared with the fiscal year preceding each
such fiscal year.
‘‘(iii) An assessment of the manner in which the scope
of the activities have changed over the course of the period
covered by the report.
‘‘(C) A summary of the major achievements of the environmental quality programs and of any major problems with the
programs.
‘‘(D) A list of the planned or ongoing projects necessary
to support the environmental quality programs during the
period covered by the report, the cost of which has exceeded
or is anticipated to exceed $1,500,000. The list and accompanying material shall include the following:
‘‘(i) A separate listing of the projects inside the United
States and of the projects outside the United States.
‘‘(ii) For each project commenced during the first four
fiscal years of the period covered by the report (other
than a project that was reported as fully executed in the
report for a previous fiscal year), a description of—
‘‘(I) the amount specified in the initial budget
request for the project;

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‘‘(II) the aggregate amount allocated to the project
through the fiscal year preceding the fiscal year for
which the report is submitted; and
‘‘(III) the aggregate amount obligated for the
project through that fiscal year.
‘‘(iii) For each project commenced or to be commenced
in the fiscal year in which the report is submitted, a
description of—
‘‘(I) the amount specified for the project in the
budget for the fiscal year; and
‘‘(II) the amount allocated to the project in the
fiscal year.
‘‘(iv) For each project to be commenced in the last
fiscal year of the period, a description of the amount, if
any, specified for the project in the budget for the fiscal
year.
‘‘(v) If the anticipated aggregate cost of any project
covered by the report will exceed by more than 25 percent
the amount specified in the initial budget request for such
project, a justification for that variance.
‘‘(E) A statement of the fines and penalties imposed or
assessed against the Department of Defense and the military
departments under Federal, State, or local environmental laws
during the fiscal year in which the report is submitted and
the four preceding fiscal years, which shall set forth the following:
‘‘(i) Each Federal environmental statute under which
a fine or penalty was imposed or assessed during each
such fiscal year.
‘‘(ii) With respect to each such Federal statute—
‘‘(I) the aggregate amount of fines and penalties
imposed under the statute during each such fiscal year;
‘‘(II) the aggregate amount of fines and penalties
paid under the statute during each such fiscal year;
and
‘‘(III) the total amount required during such fiscal
years for supplemental environmental projects in lieu
of the payment of a fine or penalty under the statute
and the extent to which the cost of such projects during
such fiscal years has exceeded the original amount
of the fine or penalty.
‘‘(iii) A trend analysis of fines and penalties imposed
or assessed during each such fiscal year for military
installations inside and outside the United States.
‘‘(F) A statement of the amounts expended, and anticipated
to be expended, during the period covered by the report for
any activities overseas relating to the environment, including
amounts for activities relating to environmental remediation,
compliance, conservation, pollution prevention, and environmental technology and amounts for conferences, meetings, and
studies for pilot programs, and for travel related to such activities.’’.
(b) CONFORMING REPEAL.—Such section is further amended
by striking subsection (d).
(c) DEFINITIONS.—Subsection (e) of such section is amended
by adding at the end the following new paragraphs:

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‘‘(4) The term ‘environmental quality program’ means a
program of activities relating to environmental compliance, conservation, pollution prevention, and such other activities
relating to environmental quality as the Secretary concerned
may designate for purposes of the program.
‘‘(5) The term ‘major activities’, with respect to an environmental quality program, means the following activities under
the program:
‘‘(A) Environmental compliance activities.
‘‘(B) Conservation activities.
‘‘(C) Pollution prevention activities.’’.

Public
information.
10 USC 2709
note.

SEC. 323. DEFENSE ENVIRONMENTAL TECHNOLOGY PROGRAM AND
INVESTMENT CONTROL PROCESS FOR ENVIRONMENTAL
TECHNOLOGIES.

(a) PURPOSES.—The purposes of this section are—
(1) to hold the Department of Defense and the military
departments accountable for achieving performance-based
results in the management of environmental technology by
providing a connection between program direction and the
achievement of specific performance-based results;
(2) to assure the identification of end-user requirements
for environmental technology within the military departments;
(3) to assure results, quality of effort, and appropriate
levels of service and support for end-users of environmental
technology within the military departments; and
(4) to promote improvement in the performance of environmental technologies by establishing objectives for environmental technology programs, measuring performance against
such objectives, and making public reports on the progress
made in such performance.
(b) INVESTMENT CONTROL PROCESS.—(1) Chapter 160 of title
10, United States Code, is amended by adding at the end the
following new section:
‘‘§ 2709. Investment control process for environmental technologies
‘‘(a) INVESTMENT CONTROL PROCESS.—The Secretary of Defense
shall ensure that the technology planning process developed to
implement section 2501 of this title and section 270(b) of the
National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104–201; 110 Stat. 2469) provides for an investment control
process for the selection, prioritization, management, and evaluation
of environmental technologies by the Department of Defense, the
military departments, and the Defense Agencies.
‘‘(b) PLANNING AND EVALUATION.—The environmental technology investment control process required by subsection (a) shall
provide, at a minimum, for the following:
‘‘(1) The active participation by end-users of environmental
technology, including the officials responsible for the environmental security programs of the Department of Defense and
the military departments, in the selection and prioritization
of environmental technologies.
‘‘(2) The development of measurable performance goals and
objectives for the management and development of environmental technologies and specific mechanisms for assuring the
achievement of the goals and objectives.

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‘‘(3) Annual performance reviews to determine whether the
goals and objectives have been achieved and to take appropriate
action in the event that they are not achieved.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘2709. Investment control process for environmental technologies.’’.

(c) ANNUAL REPORT.—(1) Section 2706 of such title, as amended
by 322(b), is further amended by inserting after subsection (c)
the following new subsection:
‘‘(d) REPORT ON ENVIRONMENTAL TECHNOLOGY PROGRAM.—(1)
The Secretary of Defense shall submit to Congress each year, not
later than 45 days after the date on which the President submits
to Congress the budget for a fiscal year, a report on the progress
made by the Department of Defense in achieving the objectives
and goals of its environmental technology program during the preceding fiscal year and an overall trend analysis for the program
covering the previous four fiscal years.
‘‘(2) Each such report shall include, with respect to each project
under the environmental technology program of the Department
of Defense, the following:
‘‘(A) The performance objectives established for the project
for the fiscal year and an assessment of the performance
achieved with respect to the project in light of performance
indicators for the project.
‘‘(B) A description of the extent to which the project met
the performance objectives established for the project for the
fiscal year.
‘‘(C) If a project did not meet the performance objectives
for the project for the fiscal year—
‘‘(i) an explanation for the failure of the project to
meet the performance objectives; and
‘‘(ii) a modified schedule for meeting the performance
objectives or, if a performance objective is determined to
be impracticable or infeasible to meet, a statement of alternative actions to be taken with respect to the project.’’.
(2) The Secretary of Defense shall include in the first report
submitted under section 2706(d) of title 10, United States Code,
as added by this subsection, a description of the steps taken by
the Secretary to ensure that the environmental technology investment control process for the Department of Defense satisfies the
requirements of section 2709 of such title, as added by subsection
(b).

Deadline.

10 USC 2706
note.

SEC. 324. MODIFICATION OF MEMBERSHIP OF STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM
COUNCIL.

Section 2902(b)(1) of title 10, United States Code, is amended
by striking ‘‘Director of Defense Research and Engineering’’ and
inserting ‘‘Deputy Under Secretary of Defense for Science and Technology’’.
SEC. 325. EXTENSION OF PILOT PROGRAM FOR SALE OF AIR POLLUTION EMISSION REDUCTION INCENTIVES.

Section 351(a) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1692; 10 U.S.C.
2701 note) is amended by striking paragraph (2) and inserting
the following new paragraph:

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‘‘(2) The Secretary may not carry out the pilot program after
September 30, 2001.’’.
SEC. 326. REIMBURSEMENT FOR CERTAIN COSTS IN CONNECTION
WITH FRESNO DRUM SUPERFUND SITE, FRESNO, CALIFORNIA.

(a) AUTHORITY.—The Secretary of Defense may pay, using funds
described in subsection (b), to the Fresno Drum Special Account
within the Hazardous Substance Superfund established by section
9507 of the Internal Revenue Code of 1986 (26 U.S.C. 9507) to
reimburse the Environmental Protection Agency for costs incurred
by the Agency for actions taken under CERCLA at the Fresno
Industrial Supply, Inc., site in Fresno, California, the following
amounts:
(1) Not more than $778,425 for past response costs incurred
by the Agency.
(2) The amount of the costs identified as ‘‘interest’’ costs
pursuant to the agreement known as the ‘‘CERCLA Section
122(h)(1) Agreement for Payment of Future Response Costs
and Recovery of Past Response Costs In the Matter of: Fresno
Industrial Supply Inc. Site, Fresno, California’’ that was entered
into by the Department of Defense and the Environmental
Protection Agency on May 22, 1998.
(b) SOURCE OF FUNDS FOR PAYMENT.—(1) Subject to paragraph
(2), any payment under subsection (a) shall be made using the
following amounts:
(A) Amounts authorized to be appropriated by section 301
to the Environmental Restoration Account, Defense, established
by section 2703(a)(1) of title 10, United States Code.
(B) Amounts authorized to be appropriated by section 301
to the Environmental Restoration Account, Army, established
by section 2703(a)(2) of such title.
(C) Amounts authorized to be appropriated by section 301
to the Environmental Restoration Account, Navy, established
by section 2703(a)(3) of such title.
(D) Amounts authorized to be appropriated by section 301
to the Environmental Restoration Account, Air Force, established by section 2703(a)(4) of such title.
(2) The portion of a payment under paragraph (1) that is
derived from any account referred to in such paragraph shall bear
the same ratio to the total amount of such payment as the amount
of the hazardous substances at the Fresno Industrial Supply, Inc.,
site that are attributable to the department concerned bears to
the total amount of the hazardous substances at that site.
(c) CERCLA DEFINED.—In this section, the term ‘‘CERCLA’’
means the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
SEC. 327. PAYMENT OF STIPULATED PENALTIES ASSESSED UNDER
CERCLA IN CONNECTION WITH F.E. WARREN AIR FORCE
BASE, WYOMING.

(a) AUTHORITY.—The Secretary of the Air Force may pay, using
funds described in subsection (b), not more than $20,000 as payment
of stipulated civil penalties assessed on January 13, 1998, against
F.E. Warren Air Force Base, Wyoming, under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).

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(b) SOURCE OF FUNDS FOR PAYMENT.—Any payment under subsection (a) shall be made using amounts authorized to be appropriated by section 301 to the Environmental Restoration Account,
Air Force, established by section 2703(a)(4) of title 10, United
States Code.
SEC. 328. REMEDIATION OF ASBESTOS AND LEAD-BASED PAINT.

(a) USE OF EXISTING CONTRACT VEHICLES.—The Secretary of
Defense shall give appropriate consideration to existing contract
vehicles, including Army Corps of Engineers indefinite delivery,
indefinite quantity contracts, to provide for the remediation of
asbestos and lead-based paint at military installations within the
United States.
(b) SELECTION.—The Secretary of Defense shall select the most
cost-effective contract vehicle in accordance with all applicable Federal and State laws and Department of Defense regulations.
SEC. 329. RELEASE OF INFORMATION TO FOREIGN COUNTRIES
REGARDING ANY ENVIRONMENTAL CONTAMINATION AT
FORMER UNITED STATES MILITARY INSTALLATIONS IN
THOSE COUNTRIES.

(a) RESPONSE TO REQUEST FOR INFORMATION.—Except as provided in subsection (b), upon request by the government of a foreign
country from which United States Armed Forces were withdrawn
in 1992, the Secretary of Defense shall—
(1) release to that government available information relevant to the ability of that government to determine the nature
and extent of environmental contamination, if any, at a site
in that foreign country where the United States operated a
military base, installation, or facility before the withdrawal
of the United States Armed Forces in 1992; or
(2) report to Congress on the nature of the information
requested and the reasons why the information is not being
released.
(b) LIMITATION ON RELEASE.—Subsection (a)(1) does not apply
to—
(1) any information request described in such subsection
that is received by the Secretary of Defense after the end
of the one-year period beginning on the date of the enactment
of this Act;
(2) any information that the Secretary determines has been
previously provided to the foreign government; and
(3) any information that the Secretary of Defense believes
could adversely affect United States national security.
(c) LIABILITY OF THE UNITED STATES.—The requirement to provide information under subsection (a)(1) may not be construed to
establish on the part of the United States any liability or obligation
for the costs of environmental restoration or remediation at any
site referred to in such subsection.
SEC. 330. TOUSSAINT RIVER ORDNANCE MITIGATION STUDY.

(a) ORDNANCE MITIGATION STUDY.—(1) The Secretary of
Defense shall conduct a study and is authorized to remove ordnance
infiltrating the Federal navigation channel and adjacent shorelines
of the Toussaint River in Ottawa County, Ohio.
(2) In conducting the study, the Secretary shall take into
account any information available from other studies conducted

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PUBLIC LAW 106–65—OCT. 5, 1999

in connection with the Federal navigation channel described in
paragraph (1).
(b) REPORT ON STUDY RESULTS.—(1) Not later than April 1,
2000, the Secretary of Defense shall submit to the congressional
defense committees and the Committee on Environment and Public
Works of the Senate a report that summarizes the results of the
study conducted under subsection (a).
(2) The Secretary shall include in the report recommendations
regarding the continuation or termination of any ongoing use of
Lake Erie as an ordnance firing range, and explain any recommendation to continue such activities. The Secretary shall conduct the evaluation and assessment in consultation with the government of the State of Ohio and local government entities and with
appropriate Federal agencies.
(c) LIMITATION ON EXPENDITURES.—Not more than $800,000
may be expended to conduct the study under subsection (a) and
prepare the report under subsection (b). However, nothing in this
section is intended to require non-Federal cost-sharing of the costs
to perform the study.
(d) AUTHORIZATION.—Consistent with existing laws, and after
providing notice to Congress, the Secretary of Defense may work
with the other relevant Federal, State, local, or private entities
to remove ordnance resulting from infiltration into the Federal
navigation channel and adjacent shorelines of the Toussaint River
in Ottawa County, Ohio, using funds authorized to be appropriated
for that specific purpose in fiscal year 2000.
(e) RELATION TO OTHER LAWS AND AGREEMENTS.—This section
is not intended to modify any authorities provided to the Secretary
of the Army by the Water Resources Development Act of 1986
(33 U.S.C. 2201 et seq.), nor is it intended to modify any nonFederal cost-sharing responsibilities outlined in any local cooperation agreements.

Subtitle D—Depot-Level Activities
SEC. 331. SALES OF ARTICLES AND SERVICES OF DEFENSE INDUSTRIAL FACILITIES TO PURCHASERS OUTSIDE THE
DEPARTMENT OF DEFENSE.

(a) WAIVER OF CERTAIN CONDITIONS.—(1) Section 2208(j) of
title 10, United States Code, is amended—
(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(B) by inserting ‘‘(1)’’ after ‘‘(j)’’; and
(C) by adding at the end the following new paragraph:
‘‘(2) The Secretary of Defense may waive the conditions in
paragraph (1) in the case of a particular sale if the Secretary
determines that the waiver is necessary for reasons of national
security and notifies Congress regarding the reasons for the
waiver.’’.
(2) Section 2553(c) of such title is amended—
(A) by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F), respectively;
(B) by inserting ‘‘(1)’’ before ‘‘A sale’’; and
(C) by adding at the end the following new paragraph:
‘‘(2) The Secretary of Defense may waive the condition in paragraph (1)(A) and subsection (a)(1) that an article or service must

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113 STAT. 567

be not available from a United States commercial source in the
case of a particular sale if the Secretary determines that the waiver
is necessary for reasons of national security and notifies Congress
regarding the reasons for the waiver.’’.
(b) CLARIFICATION OF COMMERCIAL NONAVAILABILITY.—Section
2553(g) of such title is amended—
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new paragraph:
‘‘(2) The term ‘not available’, with respect to an article
or service proposed to be sold under this section, means that
the article or service is unavailable from a commercial source
in the required quantity and quality or within the time
required.’’.
SEC. 332. CONTRACTING AUTHORITY FOR DEFENSE WORKING CAPITAL FUNDED INDUSTRIAL FACILITIES.

Section 2208(j)(1) of title 10, United States Code, as amended
by section 331, is further amended—
(1) in the matter preceding subparagraph (A), by striking
‘‘or remanufacturing’’ and inserting ‘‘, remanufacturing, and
engineering’’;
(2) in subparagraph (A), by inserting ‘‘or a subcontract
under a Department of Defense contract’’ before the semicolon;
and
(3) in subparagraph (B), by striking ‘‘Department of Defense
solicitation for such contract’’ and inserting ‘‘solicitation for
the contract or subcontract’’.
SEC. 333. ANNUAL REPORTS ON EXPENDITURES FOR PERFORMANCE
OF DEPOT-LEVEL MAINTENANCE AND REPAIR WORKLOADS BY PUBLIC AND PRIVATE SECTORS.

Subsection (e) of section 2466 of title 10, United States Code,
is amended to read as follows:
‘‘(e) ANNUAL REPORTS.—(1) Not later than February 1 of each
year, the Secretary of Defense shall submit to Congress a report
identifying, for each of the armed forces (other than the Coast
Guard) and each Defense Agency, the percentage of the funds
referred to in subsection (a) that were expended during the preceding two fiscal years for performance of depot-level maintenance
and repair workloads by the public and private sectors, as required
by this section.
‘‘(2) Not later than April 1 of each year, the Secretary of
Defense shall submit to Congress a report identifying, for each
of the armed forces (other than the Coast Guard) and each Defense
Agency, the percentage of the funds referred to in subsection (a)
that are projected to be expended during each of the next five
fiscal years for performance of depot-level maintenance and repair
workloads by the public and private sectors, as required by this
section.
‘‘(3) Not later than 60 days after the date on which the Secretary
submits a report under this subsection, the Comptroller General
shall submit to Congress the Comptroller General’s views on
whether—
‘‘(A) in the case of a report under paragraph (1), the Department of Defense has complied with the requirements of subsection (a) for the fiscal years covered by the report; and

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PUBLIC LAW 106–65—OCT. 5, 1999
‘‘(B) in the case of a report under paragraph (2), the
expenditure projections for future fiscal years are reasonable.’’.

SEC. 334. APPLICABILITY OF COMPETITION REQUIREMENT IN CONTRACTING OUT WORKLOADS PERFORMED BY DEPOTLEVEL ACTIVITIES OF DEPARTMENT OF DEFENSE.

Section 2469(b) of title 10, United States Code, is amended
by inserting ‘‘(including the cost of labor and materials)’’ after
‘‘$3,000,000’’.
SEC. 335. TREATMENT OF PUBLIC SECTOR WINNING BIDDERS FOR
CONTRACTS FOR PERFORMANCE OF DEPOT-LEVEL
MAINTENANCE AND REPAIR WORKLOADS FORMERLY PERFORMED AT CERTAIN MILITARY INSTALLATIONS.

Section 2469a of title 10, United States Code, is amended
by adding at the end the following new subsection:
‘‘(i) OVERSIGHT OF CONTRACTS AWARDED PUBLIC ENTITIES.—
The Secretary of Defense or the Secretary concerned may not impose
on a public sector entity awarded a contract for the performance
of any depot-level maintenance and repair workload described in
subsection (b) any requirements regarding management systems,
reviews, oversight, or reporting that are significantly different from
the requirements used in the performance and management of
other similar or identical depot-level maintenance and repair workloads by the entity, unless the requirements are specifically provided
in the solicitation for the contract or are necessary to ensure compliance with the terms of the contract.’’.
SEC. 336. ADDITIONAL MATTERS TO BE REPORTED BEFORE PRIME
VENDOR CONTRACT FOR DEPOT-LEVEL MAINTENANCE
AND REPAIR IS ENTERED INTO.

Section 346(a) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112
Stat. 1979; 10 U.S.C. 2464 note) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2)
and inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
‘‘(3) contains an analysis of the extent to which the contract
conforms to the requirements of section 2466 of title 10, United
States Code; and
‘‘(4) describes the measures taken to ensure that the contract does not violate the core logistics policies, requirements,
and restrictions set forth in section 2464 of that title.’’.

Subtitle E—Performance of Functions by
Private-Sector Sources
SEC. 341. REDUCED THRESHOLD FOR CONSIDERATION OF EFFECT ON
LOCAL COMMUNITY OF CHANGING DEFENSE FUNCTIONS
TO PRIVATE SECTOR PERFORMANCE.

Section 2461(b)(3)(B)(ii) of title 10, United States Code, is
amended by striking ‘‘75 employees’’ and inserting ‘‘50 employees’’.

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113 STAT. 569

SEC. 342. CONGRESSIONAL NOTIFICATION OF A–76 COST COMPARISON WAIVERS.

(a) NOTIFICATION REQUIRED.—Section 2467 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
‘‘(c) CONGRESSIONAL NOTIFICATION OF COST COMPARISON
WAIVER.—(1) Not later than 10 days after a decision is made
to waive the cost comparison study otherwise required under Office
of Management and Budget Circular A–76 as part of the process
to convert to contractor performance any commercial activity of
the Department of Defense, the Secretary of Defense shall submit
to Congress a report describing the commercial activity subject
to the waiver and the rationale for the waiver.
‘‘(2) The report shall also include the following:
‘‘(A) The total number of civilian employees or military
personnel currently performing the function to be converted
to contractor performance.
‘‘(B) A description of the competitive procedure used to
award a contract for contractor performance of the commercial
activity.
‘‘(C) The anticipated savings to result from the waiver
and resulting conversion to contractor performance.’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of such section
is amended to read as follows:

Deadline.
Reports.

‘‘§ 2467. Cost comparisons: inclusion of retirement costs; consultation with employees; waiver of comparison’’.
(2) The table of sections at the beginning of chapter 146 of
such title is amended by striking the item relating to section 2467
and inserting the following new item:
‘‘2467. Cost comparisons: inclusion of retirement costs; consultation with employees;
waiver of comparison.’’.
SEC. 343. REPORT ON USE OF EMPLOYEES OF NON-FEDERAL ENTITIES TO PROVIDE SERVICES TO DEPARTMENT OF
DEFENSE.

(a) REPORT REQUIRED.—Not later than March 1, 2001, the
Secretary of Defense shall submit to Congress a report describing
the use during the previous fiscal year of non-Federal entities
to provide services to the Department of Defense.
(b) CONTENT OF REPORT.—To the extent practicable using
information available from existing data collection and reporting
systems available to the Department of Defense and the non-Federal
entities referred to in subsection (a), the report shall—
(1) specify the number of work year equivalents performed
by individuals employed by non-Federal entities in providing
services to the Department, including both direct and indirect
labor attributable to the provision of the services;
(2) categorize the information by Federal supply class or
service code; and
(3) indicate the appropriation from which the services were
funded and the major organizational element of the Department
procuring the services.
(c) LIMITATION ON REQUIREMENT FOR NON-FEDERAL ENTITIES
TO PROVIDE INFORMATION.—For the purposes of meeting the
requirements set forth in subsection (b), the Secretary may not
require the provision of information beyond the information that

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is currently provided to the Department by the non-Federal entities
referred to in subsection (a), except for the number of direct and
indirect work year equivalents associated with Department of
Defense contracts, identified by contract number, to the extent
this information is available to the contractor from existing data
collection systems.
SEC. 344. EVALUATION OF TOTAL SYSTEM PERFORMANCE RESPONSIBILITY PROGRAM.
Deadline.

Deadline.

(a) REPORT REQUIRED.—Not later than February 1, 2000, the
Secretary of the Air Force shall submit to Congress a report identifying all Air Force programs that—
(1) are currently managed under the Total System Performance Responsibility Program or similar programs; or
(2) are presently planned to be managed using the Total
System Performance Responsibility Program or a similar program.
(b) EVALUATION.—As part of the report required by subsection
(a), the Secretary of the Air Force shall include an evaluation
of the following:
(1) The manner in which the Total System Performance
Responsibility Program and similar programs support the readiness and warfighting capability of the Armed Forces and complement the support of the logistics depots.
(2) The effect of the Total System Performance Responsibility Program and similar programs on the maintenance of
core Government logistics management skills.
(3) The process and criteria used by the Air Force to determine whether Government employees or the private sector
should perform sustainment management functions.
(c) COMPTROLLER GENERAL REVIEW.—Not later than 30 days
after the date on which the report required by subsection (a) is
submitted to Congress, the Comptroller General shall review the
report and submit to Congress a briefing evaluating the report.
SEC. 345. SENSE OF CONGRESS REGARDING PROCESS FOR MODERNIZATION OF ARMY COMPUTER SERVICES.

(a) PURPOSE OF MODERNIZATION.—It is the sense of Congress
that any modernization of computer services (also known as the
Army Wholesale Logistics Modernization Program) of the Army
Communications Electronics Command of the Army Materiel Command to replace the systems currently provided by the Logistics
Systems Support Center in St. Louis, Missouri, and the Industrial
Logistics System Center in Chambersburg, Pennsylvania, should
have as a primary goal the sustainment of military readiness.
(b) USE OF STANDARD INDUSTRY INTEGRATION PRACTICES.—
It is the sense of Congress that, in order to sustain readiness,
any contract for the modernization of the computer services referred
to in subsection (a), in addition to containing all of the requirements
specified by the Secretary of the Army, should require the use
of standard industry integration practices to provide further readiness risk mitigation.
(c) PROPOSED CONTRACTOR PRACTICES.—It is the sense of Congress that the following practices should be employed by any contractor engaged in the modernization of the computer services
referred to in subsection (a) to ensure continued readiness:
(1) TESTING PRACTICES.—Before any proposed modernization solution is implemented, the solution should be rigorously

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tested to ensure that it meets the performance requirements
of the Army and all other functional requirements. At each
step in the testing process, confirmation of successful test
completion should be required before the contractor begins the
next step of the modernization process.
(2) IMPLEMENTATION TEAM.—The Secretary of the Army
should establish an implementation team to monitor efficiencies
and effectiveness of the modernization solutions.
(d) READINESS SUSTAINMENT.—It is the sense of Congress that
the following additional readiness sustainment measures should
be undertaken as part of the modernization of the computer services
referred to in subsection (a):
(1) GOVERNMENT OVERSIGHT.—It is extremely important
that the Army Materiel Command retains sufficient in-house
expertise to ensure that readiness is not adversely affected
by the modernization efforts and to effectively oversee contractor performance.
(2) USE OF CONTRACT PARTNERING.—The Army Materiel
Command should encourage partnerships with the contractor,
with the primary goal of providing quality contract deliverables
on time and at a reasonable price. Any such partnership agreement should constitute a mutual commitment on how the Army
Materiel Command and the contractor will interact during the
course of the contract, with the objective of facilitating optimum
contract performance through teamwork, enhanced communications, cooperation, and good faith performance.

Subtitle F—Defense Dependents Education
SEC. 351. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES
AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.

(a) MODIFIED DEPARTMENT OF DEFENSE PROGRAM FOR FISCAL
YEAR 2000.—Of the amount authorized to be appropriated by section 301(5) for operation and maintenance for Defense-wide activities, $35,000,000 shall be available only for the purpose of providing
educational agencies assistance (as defined in subsection (d)(1))
to local educational agencies.
(b) NOTIFICATION.—Not later than June 30, 2000, the Secretary
of Defense shall notify each local educational agency that is eligible
for educational agencies assistance for fiscal year 2000 of—
(1) that agency’s eligibility for educational agencies assistance; and
(2) the amount of the educational agencies assistance for
which that agency is eligible.
(c) DISBURSEMENT OF FUNDS.—The Secretary of Defense shall
disburse funds made available under subsection (a) not later than
30 days after the date on which notification to the eligible local
educational agencies is provided pursuant to subsection (b).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘educational agencies assistance’’ means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102–484; 20 U.S.C. 7703 note).

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(2) The term ‘‘local educational agency’’ has the meaning
given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(e) DETERMINATION OF ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—Section 386(c)(1) of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102–484; 20 U.S.C. 7703 note)
is amended by striking ‘‘in that fiscal year are’’ and inserting
‘‘during the preceding school year were’’.
SEC. 352. UNIFIED SCHOOL BOARDS FOR ALL DEPARTMENT OF
DEFENSE DOMESTIC DEPENDENT SCHOOLS IN THE
COMMONWEALTH OF PUERTO RICO AND GUAM.

Section 2164(d)(1) of title 10, United States Code, is amended
by adding at the end the following new sentence: ‘‘The Secretary
may provide for the establishment of one school board for all such
schools in the Commonwealth of Puerto Rico and one school board
for all such schools in Guam instead of one school board for each
military installation in those locations.’’.
SEC. 353. CONTINUATION OF ENROLLMENT AT DEPARTMENT OF
DEFENSE DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS.

Section 2164 of title 10, United States Code, is amended—
(1) in subsection (c), by striking paragraph (3); and
(2) by adding at the end the following new subsection:
‘‘(h) CONTINUATION OF ENROLLMENT DESPITE CHANGE IN
STATUS.—(1) The Secretary of Defense shall permit a dependent
of a member of the armed forces or a dependent of a Federal
employee to continue enrollment in an educational program provided by the Secretary pursuant to subsection (a) for the remainder
of a school year notwithstanding a change during such school year
in the status of the member or Federal employee that, except
for this paragraph, would otherwise terminate the eligibility of
the dependent to be enrolled in the program.
‘‘(2) The Secretary may, for good cause, authorize a dependent
of a member of the armed forces or a dependent of a Federal
employee to continue enrollment in an educational program provided by the Secretary pursuant to subsection (a) notwithstanding
a change in the status of the member or employee that, except
for this paragraph, would otherwise terminate the eligibility of
the dependent to be enrolled in the program. The enrollment may
continue for as long as the Secretary considers appropriate.
‘‘(3) Paragraphs (1) and (2) do not limit the authority of the
Secretary to remove a dependent from enrollment in an educational
program provided by the Secretary pursuant to subsection (a) at
any time for good cause determined by the Secretary.’’.
SEC. 354. TECHNICAL AMENDMENTS TO DEFENSE DEPENDENTS’ EDUCATION ACT OF 1978.

The Defense Dependents’ Education Act of 1978 (title XIV
of Public Law 95–561) is amended as follows:
(1) Section 1402(b)(1) (20 U.S.C. 921(b)(1)) is amended by
striking ‘‘recieve’’ and inserting ‘‘receive’’.
(2) Section 1403 (20 U.S.C. 922) is amended—
(A) by striking the matter in that section preceding
subsection (b) and inserting the following:

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‘‘ADMINISTRATION

113 STAT. 573

OF DEFENSE DEPENDENTS’ EDUCATION SYSTEM

‘‘SEC. 1403. (a) The defense dependents’ education system is
operated through the field activity of the Department of Defense
known as the Department of Defense Education Activity. That
activity is headed by a Director, who is a civilian and is selected
by the Secretary of Defense. The Director reports to an Assistant
Secretary of Defense designated by the Secretary of Defense for
purposes of this title.’’;
(B) in subsection (b), by striking ‘‘this Act’’ and
inserting ‘‘this title’’;
(C) in subsection (c)(1), by inserting ‘‘(20 U.S.C. 901
et seq.)’’ after ‘‘Personnel Practices Act’’;
(D) in subsection (c)(2), by striking the period at the
end and inserting a comma;
(E) in subsection (c)(6), by striking ‘‘Assistant Secretary
of Defense for Manpower, Reserve Affairs, and Logistics’’
and inserting ‘‘the Assistant Secretary of Defense designated under subsection (a)’’;
(F) in subsection (d)(1), by striking ‘‘for the Office of
Dependents’ Education’’;
(G) in subsection (d)(2)—
(i) by striking the first sentence;
(ii) by striking ‘‘Whenever the Office of Dependents’ Education’’ and inserting ‘‘Whenever the Department of Defense Education Activity’’;
(iii) by striking ‘‘after the submission of the report
required under the preceding sentence’’ and inserting
‘‘in a manner that affects the defense dependents’ education system’’; and
(iv) by striking ‘‘an additional report’’ and inserting
‘‘a report’’; and
(H) in subsection (d)(3), by striking ‘‘the Office of
Dependents’ Education’’ and inserting ‘‘the Department of
Defense Education Activity’’.
(3) Section 1409 (20 U.S.C. 927) is amended—
(A) in subsection (b), by striking ‘‘Department of
Health, Education, and Welfare in accordance with section
431 of the General Education Provisions Act’’ and inserting
‘‘Secretary of Education in accordance with section 437
of the General Education Provisions Act (20 U.S.C. 1232)’’;
(B) in subsection (c)(1), by striking ‘‘by academic year
1993–1994’’; and
(C) in subsection (c)(3)—
(i) by striking ‘‘IMPLEMENTATION TIMELINES.—In
carrying out’’ and all that follows through ‘‘a comprehensive’’ and inserting ‘‘IMPLEMENTATION.—In carrying out paragraph (2), the Secretary shall have in
effect a comprehensive’’;
(ii) by striking the semicolon after ‘‘such individuals’’ and inserting a period; and
(iii) by striking subparagraphs (B) and (C).
(4) Section 1411(d) (20 U.S.C. 929(d)) is amended by
striking ‘‘grade GS–18 in section 5332 of title 5, United States
Code’’ and inserting ‘‘level IV of the Executive Schedule under
section 5315 of title 5, United States Code’’.
(5) Section 1412 (20 U.S.C. 930) is amended—

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PUBLIC LAW 106–65—OCT. 5, 1999
(A) in subsection (a)(1)—
(i) by striking ‘‘As soon as’’ and all that follows
through ‘‘shall provide for’’ and inserting ‘‘The Director
may from time to time, but not more frequently than
once a year, provide for’’; and
(ii) by striking ‘‘system, which’’ and inserting
‘‘system. Any such study’’;
(B) in subsection (a)(2)—
(i) by striking ‘‘The study required by this subsection’’ and inserting ‘‘Any study under paragraph
(1)’’; and
(ii) by striking ‘‘not later than two years after
the effective date of this title’’;
(C) in subsection (b), by striking ‘‘the study’’ and
inserting ‘‘any study’’;
(D) in subsection (c)—
(i) by striking ‘‘not later than one year after the
effective date of this title the report’’ and inserting
‘‘any report’’; and
(ii) by striking ‘‘the study’’ and inserting ‘‘a study’’;
and
(E) by striking subsection (d).
(6) Section 1413 (20 U.S.C. 931) is amended by striking
‘‘Not later than 180 days after the effective date of this title,
the’’ and inserting ‘‘The’’.
(7) Section 1414 (20 U.S.C. 932) is amended by adding
at the end the following new paragraph:
‘‘(6) The term ‘Director’ means the Director of the Department of Defense Education Activity.’’.

Subtitle G—Military Readiness Issues
SEC. 361. INDEPENDENT STUDY OF MILITARY READINESS REPORTING
SYSTEM.

(a) INDEPENDENT STUDY REQUIRED.—(1) The Secretary of
Defense shall provide for an independent study of requirements
for a comprehensive readiness reporting system for the Department
of Defense, as required by section 117 of title 10, United States
Code.
(2) The Secretary shall provide for the study to be conducted
by an organization outside the Federal Government that the Secretary considers qualified to conduct the study. The amount of
a contract for the study may not exceed $1,000,000.
(3) The Secretary shall require that all components of the
Department of Defense cooperate fully with the organization carrying out the study.
(b) MATTERS TO BE INCLUDED IN STUDY.—The Secretary shall
require that the organization conducting the study under this section specifically consider the requirements for providing an objective, accurate, and timely readiness reporting system for the Department of Defense that has—
(1) the characteristics and capabilities described in subsections (b) and (c) of section 117 of title 10, United States
Code; and
(2) any other characteristics and capabilities that the
organization determines appropriate to measure the capability

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113 STAT. 575

of the Armed Forces to carry out the strategies and guidance
described in subsection (a) of such section.
(c) REPORT.—(1) The Secretary of Defense shall require the
organization conducting the study under this section to submit
to the Secretary a report on the study not later than March 1,
2000. The organization shall include in the report its findings
and conclusions concerning each of the matters specified in subsection (b).
(2) The Secretary shall submit the report under paragraph
(1), together with the Secretary’s comments on the report, to Congress not later than April 1, 2000.
(d) REVISIONS TO DOD READINESS REPORTING SYSTEM.—(1) Section 117 of title 10, United States Code, is amended—
(A) in subsection (b)(2), by striking ‘‘with any change’’ and
all that follows through ‘‘24 hours’’ and inserting ‘‘with (A)
any change in the overall readiness status of a unit that is
required to be reported as part of the readiness reporting
system being reported within 24 hours of the event necessitating the change in readiness status, and (B) any change
in the overall readiness status of an element of the training
establishment or an element of defense infrastructure that
is required to be reported as part of the readiness reporting
system being reported within 72 hours’’; and
(B) in paragraphs (2), (3), and (5) of subsection (c), by
striking ‘‘a quarterly’’ and inserting ‘‘an annual’’.
(2) Subsection (b) of section 373 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105–261; 112 Stat. 1992) is amended by striking ‘‘January
15, 2000’’ and inserting ‘‘April 1, 2000’’.
(3) Subsection (d) of such section is repealed.
(e) REVISED TIME FOR IMPLEMENTATION OF QUARTERLY READINESS REPORTS.—Section 482(a) of title 10, United States Code,
is amended by striking ‘‘30 days’’ and inserting ‘‘45 days’’.

Deadline.

10 USC 117 note.

10 USC 482 and
notes.

SEC. 362. INDEPENDENT STUDY OF DEPARTMENT OF DEFENSE SECONDARY INVENTORY AND PARTS SHORTAGES.

(a) INDEPENDENT STUDY REQUIRED.—In accordance with this
section, the Secretary of Defense shall provide for an independent
study of—
(1) current levels of Department of Defense inventories
of spare parts and other supplies, known as secondary inventory
items, including wholesale and retail inventories; and
(2) reports and evidence of Department of Defense inventory shortages adversely affecting readiness.
(b) PERFORMANCE BY INDEPENDENT ENTITY.—To conduct the
study under this section, the Secretary of Defense shall select
the General Accounting Office, an entity in the private sector that
has experience in parts and secondary inventory management, or
another entity outside the Department of Defense that has such
experience.
(c) MATTERS TO BE INCLUDED IN STUDY.—The Secretary of
Defense shall require the entity conducting the study under this
section to specifically evaluate the following:
(1) How much of the secondary inventory retained by the
Department of Defense for economic, contingency, and potential
reutilization during the five-year period ending December 31,
1998, was actually used during each year of the period.

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113 STAT. 576

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Reports.

PUBLIC LAW 106–65—OCT. 5, 1999

(2) How much of the retained secondary inventory currently
held by the Department could be declared to be excess, determined on the basis of standards that take into account requirements uniquely applicable to the Department of Defense
because of its warfighting missions, such as requirements for
a war reserve of items.
(3) Alternative methods for the disposal or other disposition
of excess inventory and the cost to the Department to dispose
of excess inventory under each alternative.
(4) The total cost per year of storing secondary inventory,
to be determined using traditional private sector cost calculation models.
(5) The adequacy of the Department’s schedule and plan
for disposing of excess inventory.
(d) REPORT ON RESULTS OF STUDY.—The Secretary of Defense
shall require the entity conducting the study under this section
to submit to the Secretary a report containing the results of the
study, including the entity’s findings and conclusions concerning
each of the matters specified in subsection (c). The entity shall
submit the report at such time as to permit the Secretary to
comply with subsection (e).
(e) REVIEW AND COMMENTS OF THE SECRETARY OF DEFENSE.—
Not later than September 1, 2000, the Secretary of Defense shall
submit to Congress a report containing the following:
(1) The report submitted under subsection (d), together
with the Secretary’s comments and recommendations regarding
the report.
(2) A plan to address the issues of excess and excessive
inactive inventory and part shortages and a timetable to implement the plan throughout the Department.

10 USC 2458
note.

SEC. 363. REPORT ON INVENTORY AND CONTROL OF MILITARY EQUIPMENT.

Deadline.

(a) REPORT REQUIRED.—Not later than August 31, 2000, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
on the inventory and control of the military equipment of the
Department of Defense as of the end of fiscal year 1999. The
report shall address the inventories of each of the Army, Navy,
Air Force, and Marine Corps separately.
(b) CONTENT.—The report shall include the following:
(1) For each item of military equipment in the inventory,
stated by item nomenclature—
(A) the quantity of the item in the inventory as of
the beginning of the fiscal year;
(B) the quantity of acquisitions of the item during
the fiscal year;
(C) the quantity of disposals of the item during the
fiscal year;
(D) the quantity of losses of the item during the
performance of military missions during the fiscal year;
and
(E) the quantity of the item in the inventory as of
the end of the fiscal year.
(2) A reconciliation of the quantity of each item in the
inventory as of the beginning of the fiscal year with the quantity
of the item in the inventory as of the end of the fiscal year.

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(3) For each item of military equipment that cannot be
reconciled—
(A) an explanation of why the quantities cannot be
reconciled; and
(B) a discussion of the remedial actions planned to
be taken, including target dates for accomplishing the
remedial actions.
(4) Supporting schedules identifying the location of each
item that are available to Congress or auditors of the Comptroller General upon request.
(c) MILITARY EQUIPMENT DEFINED.—For the purposes of this
section, the term ‘‘military equipment’’ means all equipment that
is used in support of military missions and is maintained on the
visibility systems of the Army, Navy, Air Force, or Marine Corps.
(d) INSPECTOR GENERAL REVIEW.—Not later than November
30, 2000, the Inspector General of the Department of Defense
shall review the report submitted to the committees under subsection (a) and shall submit to the committees any comments that
the Inspector General considers appropriate.

Deadline.

SEC. 364. COMPTROLLER GENERAL STUDY OF ADEQUACY OF DEPARTMENT RESTRUCTURED SUSTAINMENT AND REENGINEERED LOGISTICS PRODUCT SUPPORT PRACTICES.

(a) STUDY REQUIRED.—In accordance with this section, the
Comptroller General shall conduct a study of restructured
sustainment and reengineered logistics product support practices
within the Department of Defense, which are designed to provide
spare parts and other supplies to military units and installations
as needed during a transition to war fighting rather than relying
on large stockpiles of such spare parts and supplies. The purpose
of the study is to determine whether restructured sustainment
and reengineered logistics product support practices would be able
to provide adequate sustainment supplies to military units and
installations should it ever be necessary to execute the National
Military Strategy prescribed by the Chairman of the Joint Chiefs
of Staff.
(b) MATTERS TO BE INCLUDED IN STUDY.—The Comptroller
General shall specifically evaluate (and recommend improvements
in) the following:
(1) The military assumptions that are used to determine
required levels of war reserve and prepositioned stocks.
(2) The adequacy of supplies projected to be available to
support the fighting of two, nearly simultaneous, major theater
wars, as required by the National Military Strategy.
(3) The expected availability through the national technology and industrial base of spare parts and supplies not
readily available in the Department inventories, such as parts
for aging equipment that no longer have active vendor support.
(c) REPORT REQUIRED.—Not later than March 1, 2000, the
Comptroller General shall submit to Congress a report containing
the results of the study. The report shall include the Comptroller
General’s findings, conclusions, and recommendations concerning
each of the matters specified in subsection (b).

Deadline.

SEC. 365. COMPTROLLER GENERAL REVIEW OF REAL PROPERTY
MAINTENANCE AND ITS EFFECT ON READINESS.

(a) REVIEW REQUIRED.—The Comptroller General shall conduct
a review of the impact that the consistent lack of adequate funding

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113 STAT. 578

Deadline.

10 USC 113 note.

PUBLIC LAW 106–65—OCT. 5, 1999

for real property maintenance of military installations during the
five-year period ending December 31, 1998, has had on readiness,
the quality of life of members of the Armed Forces and their
dependents, and the infrastructure on military installations.
(b) FUNDING MATTERS TO BE REVIEWED.—In conducting the
review under this section, the Comptroller General shall specifically
consider the following for the Army, Navy, Marine Corps, and
Air Force:
(1) For each year of the covered five-year period, the extent
to which unit training and operating funds were diverted to
meet basic base operations and real property maintenance
needs.
(2) The types of training delayed, canceled, or curtailed
as a result of the diversion of such funds.
(3) The level of funding required to eliminate the real
property maintenance backlog at military installations so that
facilities meet the standards necessary for optimum utilization
during times of mobilization.
(c) COMMAND AND MANAGEMENT MATTERS TO BE REVIEWED.—
As part of the review conducted under this section, the Comptroller
General shall—
(1) review the method of command and management of
military installations for the Army, Navy, Marine Corps, and
Air Force; and
(2) develop, based on such review, recommendations for
the optimum command structure for military installations, to
have major command status, which are designed to enhance
the development of installations doctrine, privatization and
outsourcing, commercial activities, environmental compliance
programs, installation restoration, and military construction.
(d) REPORT REQUIRED.—Not later than March 1, 2000, the
Comptroller General shall submit to Congress a report containing
the results of the review required under this section and the
optimum command structure recommended under subsection (c).
SEC. 366. ESTABLISHMENT OF LOGISTICS
TAINED MILITARY OPERATIONS.

STANDARDS

FOR

SUS-

(a) ESTABLISHMENT OF STANDARDS.—The Secretary of each military department shall establish, for deployable units of each of
the Armed Forces under the jurisdiction of the Secretary, standards
regarding—
(1) the level of spare parts that the units must have on
hand; and
(2) similar logistics and sustainment needs of the units.
(b) BASIS FOR STANDARDS.—The standards to be established
for a unit under subsection (a) shall be based upon the following:
(1) The unit’s wartime mission, as reflected in the warfighting plans of the relevant combatant commanders.
(2) An assessment of the likely requirement for sustained
operations under each such war-fighting plan.
(3) An assessment of the likely requirement for that unit
to conduct sustained operations in an austere environment,
while drawing exclusively on its own internal logistics capabilities.
(c) SUFFICIENCY CAPABILITIES.—The standards to be established
by the Secretary of a military department under subsection (a)
shall reflect those spare parts and similar logistics capabilities

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113 STAT. 579

that the Secretary considers sufficient for the units of each of
the Armed Forces under the Secretary’s jurisdiction to successfully
execute their missions under the conditions described in subsection
(b).
(d) RELATION TO READINESS REPORTING SYSTEM.—The standards established under subsection (a) shall be taken into account
in designing the comprehensive readiness reporting system for the
Department of Defense required by section 117 of title 10, United
States Code, and shall be an element in determining a unit’s readiness status.
(e) RELATION TO ANNUAL FUNDING NEEDS.—The Secretary of
Defense shall consider the standards established under subsection
(a) in establishing the annual funding requirements for the Department of Defense.
(f) REPORTING REQUIREMENT.—The Secretary of Defense shall
include in the annual report required by section 113(c) of title
10, United States Code, an analysis of the then current spare
parts, logistics, and sustainment standards of the Armed Forces,
as described in subsection (a), including any shortfalls and the
cost of addressing these shortfalls.

Subtitle H—Information Technology Issues
SEC. 371. DISCRETIONARY AUTHORITY TO INSTALL TELECOMMUNICATION EQUIPMENT FOR PERSONS PERFORMING VOLUNTARY SERVICES.

(a) AUTHORITY.—Section 1588 of title 10, United States Code,
is amended by adding at the end the following new subsection:
‘‘(f) AUTHORITY TO INSTALL EQUIPMENT.—(1) The Secretary concerned may install telephone lines and any necessary telecommunication equipment in the private residences of persons, designated
in accordance with the regulations prescribed under paragraph
(4), who provide voluntary services accepted under subsection (a)(3).
‘‘(2) In the case of equipment installed under the authority
of paragraph (1), the Secretary concerned may pay the charges
incurred for the use of the equipment for authorized purposes.
‘‘(3) To carry out this subsection, the Secretary concerned may
use appropriated funds (notwithstanding section 1348 of title 31)
or nonappropriated funds of the military department under the
jurisdiction of the Secretary or, with respect to the Coast Guard,
the department in which the Coast Guard is operating.
‘‘(4) The Secretary of Defense and, with respect to the Coast
Guard when it is not operating as a service in the Navy, the
Secretary of Transportation shall prescribe regulations to carry
out this subsection.’’.
(b) REPORT ON IMPLEMENTATION.—Not later than two years
after final regulations prescribed under subsection (f)(4) of section
1588 of title 10, United States Code, as added by subsection (a),
take effect, the Comptroller General shall review the exercise of
authority under such subsection (f) and submit to Congress a report
on the findings resulting from the review.

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Deadline.
10 USC 1588
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113 STAT. 580

PUBLIC LAW 106–65—OCT. 5, 1999

SEC. 372. AUTHORITY FOR DISBURSING OFFICERS TO SUPPORT USE
OF AUTOMATED TELLER MACHINES ON NAVAL VESSELS
FOR FINANCIAL TRANSACTIONS.

Section 3342 of title 31, United States Code, is amended by
adding at the end the following new subsection:
‘‘(f) With respect to automated teller machines on naval vessels,
the authority of a disbursing official of the United States Government under subsection (a) also includes the following:
‘‘(1) The authority to provide operating funds to the automated teller machines.
‘‘(2) The authority to accept, for safekeeping, deposits and
transfers of funds made through the automated teller
machines.’’.
10 USC 113 note.

Deadlines.
Establishment.

Reports.

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SEC. 373. USE OF SMART CARD TECHNOLOGY IN THE DEPARTMENT
OF DEFENSE.

(a) DEPARTMENT OF NAVY AS LEAD AGENCY.—The Department
of the Navy shall serve as the lead agency for the development
and implementation of a Smart Card program for the Department
of Defense.
(b) COOPERATION OF OTHER MILITARY DEPARTMENTS.—The
Department of the Army and the Department of the Air Force
shall each establish a project office and cooperate with the Department of the Navy to develop implementation plans for exploiting
the capability of Smart Card technology as a means for enhancing
readiness and improving business processes throughout the military
departments.
(c) SENIOR COORDINATING GROUP.—(1) Not later than November
30, 1999, the Secretary of Defense shall establish a senior coordinating group to develop and implement—
(A) Department-wide interoperability standards for use of
Smart Card technology; and
(B) a plan to exploit Smart Card technology as a means
for enhancing readiness and improving business processes.
(2) The senior coordinating group shall be chaired by a representative of the Secretary of the Navy and shall include senior
representatives from each of the Armed Forces and such other
persons as the Secretary of Defense considers appropriate.
(3) Not later than March 31, 2000, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a report containing a detailed discussion of the progress made
by the senior coordinating group in carrying out its duties.
(d) ROLE OF DEPARTMENT OF DEFENSE CHIEF INFORMATION
OFFICE.—The senior coordinating group established under subsection (c) shall report to and receive guidance from the Department
of Defense Chief Information Office.
(e) INCREASED USE TARGETED TO CERTAIN NAVAL REGIONS.—
Not later than November 30, 1999, the Secretary of the Navy
shall establish a business plan to implement the use of Smart
Cards in one major Naval region of the continental United States
that is in the area of operations of the United States Atlantic
Command and one major Naval region of the continental United
States that is in the area of operations of the United States Pacific
Command. The regions selected shall include a major fleet concentration area. The implementation of the use of Smart Cards
in each region shall cover the Navy and Marine Corps bases and

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113 STAT. 581

all non-deployed units in the region. The Secretary of the Navy
shall submit the business plan to the congressional defense committees.
(f) FUNDING FOR INCREASED USE OF SMART CARDS.—Of the
funds authorized to be appropriated for the Navy by section
102(a)(4) or 301(2), the Secretary of the Navy—
(1) shall allocate such amounts as may be necessary, but
not to exceed $30,000,000, to ensure that significant progress
is made toward complete implementation of the use of Smart
Card technology in the Department of the Navy; and
(2) may allocate additional amounts for the conversion
of paper-based records to electronic media for records systems
that have been modified to use Smart Card technology.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘Smart Card’’ means a credit card-size device,
normally for carrying and use by personnel, that contains one
or more integrated circuits and may also employ one or more
of the following technologies:
(A) Magnetic stripe.
(B) Bar codes, linear or two-dimensional.
(C) Non-contact and radio frequency transmitters.
(D) Biometric information.
(E) Encryption and authentication.
(F) Photo identification.
(2) The term ‘‘Smart Card technology’’ means a Smart
Card together with all of the associated information technology
hardware and software that comprise the system for support
and operation.
(h) REPEAL OF REQUIREMENT FOR AUTOMATED IDENTIFICATION
TECHNOLOGY OFFICE.—Section 344 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105–261; 112 Stat. 1977; 10 U.S.C. 113 note) is amended
by striking subsection (b).
SEC. 374. REPORT ON DEFENSE USE OF SMART CARD AS PKI AUTHENTICATION DEVICE CARRIER.

(a) REPORT REQUIRED.—Not later than February 1, 2000, the
Secretary of Defense shall submit to Congress a report evaluating
the option of the Department of Defense using the Smart Card
as a Public-Private Key Infrastructure authentication device carrier.
The report shall include the following:
(1) An evaluation of the advantages and disadvantages
of using the Smart Card as a PKI authentication device carrier
for the Department of Defense.
(2) A description of other available devices that could be
readily used as a PKI authentication device carrier.
(3) A comparison of the cost of using the Smart Card
and other available devices as the PKI authentication device
carrier.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘Smart Card’’ means a credit card-size device,
normally for carrying and use by personnel, that contains one
or more integrated circuits and may also employ one or more
of the following technologies:
(A) Magnetic stripe.
(B) Bar codes, linear or two-dimensional.
(C) Non-contact and radio frequency transmitters.

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113 STAT. 582

PUBLIC LAW 106–65—OCT. 5, 1999
(D) Biometric information.
(E) Encryption and authentication.
(F) Photo identification.
(2) The terms ‘‘Public-Private Key Infrastructure authentication device carrier’’ and ‘‘PKI authentication device carrier’’
mean a device that physically stores, carries, and employs
electronic authentication or encryption keys necessary to create
a unique digital signature, digital certificate, or other mark
on an electronic document or file.

Subtitle I—Other Matters
SEC. 381. AUTHORITY TO LEND OR DONATE OBSOLETE OR CONDEMNED RIFLES FOR FUNERAL AND OTHER CEREMONIES.

Regulations.

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(a) AUTHORITY.—Subsection (a) of section 4683 of title 10,
United States Code, is amended to read as follows:
‘‘(a) AUTHORITY TO LEND OR DONATE.—(1) The Secretary of
the Army, under regulations prescribed by the Secretary, may conditionally lend or donate excess M–1 rifles (not more than 15), slings,
and cartridge belts to any eligible organization for use by that
organization for funeral ceremonies of a member or former member
of the armed forces, and for other ceremonial purposes.
‘‘(2) If the rifles to be loaned or donated under paragraph
(1) are to be used by the eligible organization for funeral ceremonies
of a member or former member of the armed forces, the Secretary
may issue and deliver the rifles, together with the necessary
accoutrements and blank ammunition, without charge.’’.
(b) CONDITIONS AND DEFINITION.—Such section is further
amended by adding at the end the following new subsections:
‘‘(c) CONDITIONS ON LOAN OR DONATION.—In lending or
donating rifles under subsection (a), the Secretary shall impose
such conditions on the use of the rifles as may be necessary to
ensure security, safety, and accountability. The Secretary may
impose such other conditions as the Secretary considers appropriate.
‘‘(d) ELIGIBLE ORGANIZATION DEFINED.—In this section, the
term ‘eligible organization’ means—
‘‘(1) a unit or other organization of honor guards recognized
by the Secretary of the Army as honor guards for a national
cemetery;
‘‘(2) a law enforcement agency; or
‘‘(3) a local unit of any organization that, as determined
by the Secretary of the Army, is a nationally recognized veterans’ organization.’’.
(c) CONFORMING AMENDMENTS.—Subsection (b) of such section
is amended—
(1) by inserting ‘‘RELIEF FROM LIABILITY.—’’ after ‘‘(b)’’;
(2) by striking ‘‘a unit’’ and inserting ‘‘an eligible organization’’; and
(3) by striking ‘‘lent’’ both places it appears and inserting
‘‘lent or donated’’.
(d) CLERICAL AMENDMENTS.—(1) The heading of such section
is amended to read as follows:

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‘‘§ 4683. Excess M–1 rifles: loan or donation for funeral and
other ceremonial purposes’’.
(2) The item relating to such section in the table of sections
at the beginning of chapter 443 of such title is amended to read
as follows:
‘‘4683. Excess M–1 rifles: loan or donation for funeral and other ceremonial purposes.’’.

(e) REPORT ON IMPLEMENTATION.—Not later than two years
after the date of the enactment of this Act, the Comptroller General
shall review the exercise of authority under section 4683 of title
10, United States Code, as amended by this section, and submit
to Congress a report on the findings resulting from the review.

Deadline.
10 USC 4683
note.

SEC. 382. EXTENSION OF WARRANTY CLAIMS RECOVERY PILOT PROGRAM.

Section 391 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105–85; 111 Stat. 1716; 10 U.S.C. 2304
note) is amended—
(1) in subsection (f), by striking ‘‘September 30, 1999’’ and
inserting ‘‘September 30, 2000’’;
(2) in subsection (g)(1), by striking ‘‘January 1, 2000’’ and
inserting ‘‘January 1, 2001’’; and
(3) in subsection (g)(2), by striking ‘‘March 1, 2000’’ and
inserting ‘‘March 1, 2001’’.
SEC. 383. PRESERVATION OF HISTORIC BUILDINGS AND GROUNDS AT
UNITED STATES SOLDIERS’ AND AIRMEN’S HOME, DISTRICT OF COLUMBIA.

The Armed Forces Retirement Home Act of 1991 (title XV
of Public Law 101–510; 24 U.S.C. 401 et seq.) is amended by
adding at the end of part A the following new section:
‘‘SEC. 1523. PRESERVATION OF HISTORIC BUILDINGS AND GROUNDS
AT UNITED STATES SOLDIERS’ AND AIRMEN’S HOME.

24 USC 423.

‘‘(a) HISTORIC NATURE OF FACILITY.—Congress finds the following:
‘‘(1) Four buildings located on six acres of the establishment
of the Retirement Home known as the United States Soldiers’
and Airmen’s Home are included on the National Register
of Historic Places maintained by the Secretary of the Interior.
‘‘(2) Amounts in the Armed Forces Retirement Home Trust
Fund, which consists primarily of deductions from the pay
of members of the Armed Forces, are insufficient to both maintain and operate the Retirement Home for the benefit of the
residents of the Retirement Home and adequately maintain,
repair, and preserve these historic buildings and grounds.
‘‘(3) Other sources of funding are available to contribute
to the maintenance, repair, and preservation of these historic
buildings and grounds.
‘‘(b) AUTHORITY TO ACCEPT ASSISTANCE.—The Chairman of the
Retirement Home Board and the Director of the United States
Soldiers’ and Airmen’s Home may apply for and accept a direct
grant from the Secretary of the Interior under section 101(e)(3)
of the National Historic Preservation Act (16 U.S.C. 470a(e)(3))
for the purpose of maintaining, repairing, and preserving the historic buildings and grounds of the United States Soldiers’ and
Airmen’s Home included on the National Register of Historic Places.

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‘‘(c) REQUIREMENTS AND LIMITATIONS.—Amounts received as
a grant under subsection (b) shall be deposited in the Fund, but
shall be kept separate from other amounts in the Fund. The
amounts received may only be used for the purpose specified in
subsection (b).’’.
SEC. 384. CLARIFICATION OF LAND CONVEYANCE AUTHORITY,
UNITED STATES SOLDIERS’ AND AIRMEN’S HOME.

(a) MANNER OF CONVEYANCE.—Subsection (a)(1) of section 1053
of the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104–201; 110 Stat. 2650) is amended by striking
‘‘convey by sale’’ and inserting ‘‘convey, by sale or lease,’’.
(b) TIME FOR CONVEYANCE.—Subsection (a)(2) of such section
is amended to read as follows:
‘‘(2) The Armed Forces Retirement Home Board shall sell or
lease the property described in subsection (a) within 12 months
after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2000.’’.
(c) MANNER, TERMS, AND CONDITIONS OF CONVEYANCE.—Subsection (b) of such section is amended—
(1) by striking paragraph (1) and inserting the following
new paragraph: ‘‘(1) The Armed Forces Retirement Home Board
shall determine the manner, terms, and conditions for the
sale or lease of the real property under subsection (a), except
as follows:
‘‘(A) Any lease of the real property under subsection (a)
shall include an option to purchase.
‘‘(B) The conveyance may not involve any form of public/
private partnership, but shall be limited to fee-simple sale
or long-term lease.
‘‘(C) Before conveying the property by sale or lease to
any other person or entity, the Board shall provide the Catholic
University of America with the opportunity to match or exceed
the highest bona fide offer otherwise received for the purchase
or lease of the property, as the case may be, and to acquire
the property.’’; and
(2) in paragraph (2), by adding at the end the following
new sentence: ‘‘In no event shall the sale or lease of the property
be for less than the appraised value of the property in its
existing condition and on the basis of its highest and best
use.’’.
SEC. 385. TREATMENT OF ALASKA, HAWAII, AND GUAM IN DEFENSE
HOUSEHOLD GOODS MOVING PROGRAMS.

(a) LIMITATION ON INCLUSION IN TEST PROGRAMS.—Alaska,
Hawaii, and Guam shall not be included as a point of origin in
any test or demonstration program of the Department of Defense
regarding the moving of household goods of members of the Armed
Forces.
(b) SEPARATE REGIONS; DESTINATIONS.—In any Department of
Defense household goods moving program that is not subject to
the prohibition in subsection (a)—
(1) Alaska, Hawaii, and Guam shall each constitute a separate region; and
(2) Hawaii and Guam shall be considered international
destinations.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 585

TITLE IV—MILITARY PERSONNEL
AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Subtitle B—Reserve Forces
End strengths for Selected Reserve.
End strengths for Reserves on active duty in support of the Reserves.
End strengths for military technicians (dual status).
Increase in numbers of members in certain grades authorized to be on active duty in support of the Reserves.
Sec. 415. Selected Reserve end strength flexibility.
Sec.
Sec.
Sec.
Sec.

411.
412.
413.
414.

Subtitle C—Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.

Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

10 USC 115 note.

The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2000, as follows:
(1) The Army, 480,000.
(2) The Navy, 372,037.
(3) The Marine Corps, 172,518.
(4) The Air Force, 360,877.
SEC. 402. REVISION
LEVELS.

PERMANENT

END

STRENGTH

MINIMUM

(a) REVISED END STRENGTH FLOORS.—Section 691(b) of title
10, United States Code, is amended—
(1) in paragraph (2), by striking ‘‘372,696’’ and inserting
‘‘371,781’’;
(2) in paragraph (3), by striking ‘‘172,200’’ and inserting
‘‘172,148’’; and
(3) in paragraph (4), by striking ‘‘370,802’’ and inserting
‘‘360,877’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on October 1, 1999.

10 USC 691 note.

Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(a) IN GENERAL.—The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 2000, as follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 205,000.
(3) The Naval Reserve, 90,288.
(4) The Marine Corps Reserve, 39,624.
(5) The Air National Guard of the United States, 106,678.
(6) The Air Force Reserve, 73,708.
(7) The Coast Guard Reserve, 8,000.
(b) ADJUSTMENTS.—The end strengths prescribed by subsection
(a) for the Selected Reserve of any reserve component shall be
proportionately reduced by—

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113 STAT. 586

PUBLIC LAW 106–65—OCT. 5, 1999

(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.
10 USC 12001
note.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.

Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2000, the following number of Reserves to be serving
on full-time active duty or full-time duty, in the case of members
of the National Guard, for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 22,430.
(2) The Army Reserve, 12,804.
(3) The Naval Reserve, 15,010.
(4) The Marine Corps Reserve, 2,272.
(5) The Air National Guard of the United States, 11,157.
(6) The Air Force Reserve, 1,134.
10 USC 115 note.

SEC. 413. END STRENGTHS
STATUS).

FOR

MILITARY

TECHNICIANS

(DUAL

The minimum number of military technicians (dual status)
as of the last day of fiscal year 2000 for the reserve components
of the Army and the Air Force (notwithstanding section 129 of
title 10, United States Code) shall be the following:
(1) For the Army Reserve, 6,474.
(2) For the Army National Guard of the United States,
23,125.
(3) For the Air Force Reserve, 9,785.
(4) For the Air National Guard of the United States, 22,247.
SEC. 414. INCREASE IN NUMBERS OF MEMBERS IN CERTAIN GRADES
AUTHORIZED TO BE ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.

(a) OFFICERS.—The table in section 12011(a) of title 10, United
States Code, is amended to read as follows:
‘‘Grade

Army

Major or Lieutenant Commander .....................
Lieutenant Colonel or Commander ..................
Colonel or Navy Captain ...................................

3,227
1,611
471

Navy

Air
Force

1,071
520
188

Marine
Corps

860
777
297

140
90
30’’.

(b) SENIOR ENLISTED MEMBERS.—The table in section 12012(a)
of such title is amended to read as follows:

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PUBLIC LAW 106–65—OCT. 5, 1999
‘‘Grade

Army

E–9 ......................................................................
E–8 ......................................................................

645
2,593

Navy

202
429

113 STAT. 587
Air
Force

405
1,041

Marine
Corps

20
94’’.

SEC. 415. SELECTED RESERVE END STRENGTH FLEXIBILITY.

Section 115(c) of title 10, United States Code, is amended—
(1) by striking ‘‘and’’ at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(3) vary the end strength authorized pursuant to subsection (a)(2) for a fiscal year for the Selected Reserve of any
of the reserve components by a number equal to not more
than 2 percent of that end strength.’’.

Subtitle C—Authorization of
Appropriations
SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.

There is hereby authorized to be appropriated to the Department of Defense for military personnel for fiscal year 2000 a total
of $71,884,867,000, and in addition funds in the total amount of
$1,838,426,000 are authorized to be appropriated to the Department
of Defense as emergency appropriations for fiscal year 2000 for
military personnel, as appropriated in section 2012 of the 1999
Emergency Supplemental Appropriations Act (Public Law 106–31;
113 Stat. 83). The authorization in the preceding sentence supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2000.

TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Temporary authority for recall of retired aviators.
Sec. 502. Increase in maximum number of officers authorized to be on active-duty
list in frocked grades of brigadier general and rear admiral (lower half).
Sec. 503. Reserve officers requesting or otherwise causing nonselection for promotion.
Sec. 504. Minimum grade of officers eligible to serve on boards of inquiry.
Sec. 505. Minimum selection of warrant officers for promotion from below the promotion zone.
Sec. 506. Increase in threshold period of active duty for applicability of restriction
on holding of civil office by retired regular officers and reserve officers.
Sec. 507. Exemption of retiree council members from recalled retiree limits.
Sec. 508. Technical amendments relating to joint duty assignments.
Sec. 509. Three-year extension of requirement for competition for joint 4-star officer
positions.
Subtitle B—Reserve Component Personnel Policy
Sec. 511. Continuation of officers on reserve active-status list to complete disciplinary action.
Sec. 512. Authority to order reserve component members to active duty to complete
a medical evaluation.
Sec. 513. Exclusion of reserve officers on educational delay from eligibility for consideration for promotion.

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PUBLIC LAW 106–65—OCT. 5, 1999

Sec. 514. Extension of period for retention of reserve component majors and lieutenant commanders who twice fail of selection for promotion.
Sec. 515. Computation of years of service exclusion.
Sec. 516. Retention of reserve component chaplains until age 67.
Sec. 517. Expansion and codification of authority for space-required travel on military aircraft for reserves performing inactive-duty training outside the
continental United States.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

521.
522.
523.
524.
525.
526.
527.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 589

Subtitle H—Matters Relating to Recruiting
Sec. 571. Access to secondary school students for military recruiting purposes.
Sec. 572. Increased authority to extend delayed entry period for enlistments of persons with no prior military service.
Sec. 573. Army College First pilot program.
Sec. 574. Use of recruiting materials for public relations purposes.
Subtitle I—Matters Relating to Missing Persons
Sec. 575. Nondisclosure of debriefing information on certain missing persons previously returned to United States control.
Sec. 576. Recovery and identification of remains of certain World War II servicemen lost in Pacific Theater of Operations.
Subtitle J—Other Matters
Sec. 577. Authority for special courts-martial to impose sentences to confinement
and forfeitures of pay of up to one year.
Sec. 578. Funeral honors details for funerals of veterans.
Sec. 579. Purpose and funding limitations for National Guard Challenge program.
Sec. 580. Department of Defense Starbase program.
Sec. 581. Survey of members leaving military service on attitudes toward military
service.
Sec. 582. Service review agencies covered by professional staffing requirement.
Sec. 583. Participation of members in management of organizations abroad that
promote international understanding.
Sec. 584. Support for expanded child care services and youth program services for
dependents.
Sec. 585. Report and regulations on Department of Defense policies on protecting
the confidentiality of communications with professionals providing
therapeutic or related services regarding sexual or domestic abuse.
Sec. 586. Members under burdensome personnel tempo.
Subtitle K—Domestic Violence
Sec. 591. Defense task force on domestic violence.
Sec. 592. Incentive program for improving responses to domestic violence involving
members of the Armed Forces and military family members.
Sec. 593. Uniform Department of Defense policies for responses to domestic violence.
Sec. 594. Central Department of Defense database on domestic violence incidents.

Subtitle A—Officer Personnel Policy
SEC. 501. TEMPORARY AUTHORITY FOR RECALL OF RETIRED AVIATORS.

(a) AUTHORITY.—During the retired aviator recall period, the
Secretary of a military department may recall to active duty any
retired officer having expertise as an aviator to fill staff positions
normally filled by active duty aviators. Any such recall may only
be made with the consent of the officer recalled.
(b) LIMITATION.—No more than a total of 500 officers may
be on active duty at any time under subsection (a).
(c) TERMINATION.—Each officer recalled to active duty under
subsection (a) during the retired aviator recall period shall be
released from active duty not later than one year after the end
of such period.
(d) WAIVERS.—Officers recalled to active duty under subsection
(a) shall not be counted for purposes of section 668 or 690 of
title 10, United States Code.
(e) RETIRED AVIATOR RECALL PERIOD.—For purposes of this
section, the retired aviator recall period is the period beginning
on October 1, 1999, and ending on September 30, 2002.
(f) REPORT.—Not later than March 31, 2002, the Secretary
of Defense submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of

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PUBLIC LAW 106–65—OCT. 5, 1999

Representatives a report on the use of the authority under this
section, together with the Secretary’s recommendation for extension
of that authority.
SEC. 502. INCREASE IN MAXIMUM NUMBER OF OFFICERS AUTHORIZED TO BE ON ACTIVE-DUTY LIST IN FROCKED GRADES
OF BRIGADIER GENERAL AND REAR ADMIRAL (LOWER
HALF).

Section 777(d)(1) of title 10, United States Code, is amended
by striking ‘‘the following:’’ and all that follows and inserting ‘‘55.’’.
SEC. 503. RESERVE OFFICERS REQUESTING OR OTHERWISE CAUSING
NONSELECTION FOR PROMOTION.

Applicability.
10 USC 617 note.

(a) REPORTING REQUIREMENT.—Section 617(c) of title 10, United
States Code, is amended by striking ‘‘regular’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply with respect to boards convened under section 611(a)
of title 10, United States Code, on or after the date of the enactment
of this Act.
SEC. 504. MINIMUM GRADE OF OFFICERS ELIGIBLE TO SERVE ON
BOARDS OF INQUIRY.

(a) RETENTION BOARDS FOR REGULAR OFFICERS.—The text of
section 1187 of title 10, United States Code, is amended to read
as follows:
‘‘(a) ACTIVE DUTY OFFICERS.—Except as provided in subsection
(b), each board convened under this chapter shall consist of officers
appointed as follows:
‘‘(1) Each member of the board shall be an officer of the
same armed force as the officer being required to show cause
for retention on active duty.
‘‘(2) Each member of the board shall be on the activeduty list.
‘‘(3) Each member of the board shall be in a grade above
major or lieutenant commander, except that at least one
member of the board shall be in a grade above lieutenant
colonel or commander.
‘‘(4) Each member of the board shall be senior in grade
to any officer to be considered by the board.
‘‘(b) RETIRED OFFICERS.—If qualified officers on active duty
are not available in sufficient numbers to comprise a board convened
under this chapter, the Secretary of the military department concerned shall complete the membership of the board by appointing
to the board retired officers of the same armed force. A retired
officer may be appointed to such a board only if the retired grade
of that officer—
‘‘(1) is above major or lieutenant commander or, in the
case of an officer to be the senior officer of the board, above
lieutenant colonel or commander; and
‘‘(2) is senior to the grade of any officer to be considered
by the board.
‘‘(c) INELIGIBILITY BY REASON OF PREVIOUS CONSIDERATION OF
SAME OFFICER.—No person may be a member of more than one
board convened under this chapter to consider the same officer.
‘‘(d) EXCLUSION FROM STRENGTH LIMITATION.—A retired general or flag officer who is on active duty for the purpose of serving
on a board convened under this chapter shall not, while so serving,

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be counted against any limitation on the number of general and
flag officers who may be on active duty.’’.
(b) RETENTION BOARDS FOR RESERVE OFFICERS.—Subsection
(a) of section 14906 of such title is amended to read as follows:
‘‘(a) COMPOSITION OF BOARDS.—Each board convened under
this chapter shall consist of officers appointed as follows:
‘‘(1) Each member of the board shall be an officer of the
same armed force as the officer being required to show cause
for retention in an active status.
‘‘(2) Each member of the board shall hold a grade above
major or lieutenant commander, except that at least one
member of the board shall hold a grade above lieutenant colonel
or commander.
‘‘(3) Each member of the board shall be senior in grade
to any officer to be considered by the board.’’.
SEC. 505. MINIMUM SELECTION OF WARRANT OFFICERS FOR PROMOTION FROM BELOW THE PROMOTION ZONE.

Section 575(b)(2) of title 10, United States Code, is amended
by adding at the end the following new sentence: ‘‘If the number
determined under this subsection with respect to a promotion zone
within a grade (or grade and competitive category) is less than
one, the board may recommend one such officer for promotion
from below the zone within that grade (or grade and competitive
category).’’.
SEC. 506. INCREASE IN THRESHOLD PERIOD OF ACTIVE DUTY FOR
APPLICABILITY OF RESTRICTION ON HOLDING OF CIVIL
OFFICE BY RETIRED REGULAR OFFICERS AND RESERVE
OFFICERS.

Section 973(b)(1) of title 10, United States Code, is amended—
(1) in subparagraph (B), by striking ‘‘180 days’’ and
inserting ‘‘270 days’’; and
(2) in subparagraph (C), by striking ‘‘180 days’’ and
inserting ‘‘270 days’’.
SEC. 507. EXEMPTION OF RETIREE COUNCIL
RECALLED RETIREE LIMITS.

MEMBERS

FROM

Section 690(b)(2) of title 10, United States Code, is amended
by adding at the end the following new subparagraph:
‘‘(D) Any member of the Retiree Council of the Army,
Navy, or Air Force for the period on active duty to attend
the annual meeting of the Retiree Council.’’.
SEC. 508. TECHNICAL AMENDMENTS
ASSIGNMENTS.

RELATING

(a) JOINT DUTY ASSIGNMENTS FOR
CERS.—Subsection (g) of section 619a

JOINT

DUTY

GENERAL AND FLAG OFFIof title 10, United States

Code, is amended to read as follows:
‘‘(g) LIMITATION FOR GENERAL AND FLAG OFFICERS PREVIOUSLY
RECEIVING JOINT DUTY ASSIGNMENT WAIVER.—A general officer
or flag officer who before January 1, 1999, received a waiver of
subsection (a) under the authority of this subsection (as in effect
before that date) may not be appointed to the grade of lieutenant
general or vice admiral until the officer completes a full tour of
duty in a joint duty assignment.’’.
(b) NUCLEAR PROPULSION OFFICERS.—Subsection (h) of that
section is amended—

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PUBLIC LAW 106–65—OCT. 5, 1999
(1) by striking ‘‘(1) Until January 1, 1997, an’’ and inserting
‘‘An’’;
(2) by striking ‘‘may be’’ and inserting ‘‘who before January
1, 1997, is’’;
(3) by striking ‘‘. An officer so appointed’’; and
(4) by striking paragraph (2).

SEC. 509. THREE-YEAR EXTENSION OF REQUIREMENT FOR COMPETITION FOR JOINT 4-STAR OFFICER POSITIONS.

(a) EXTENSION OF REQUIREMENT.—Section 604(c) of title 10,
United States Code, is amended by striking ‘‘September 30, 2000’’
and inserting ‘‘September 30, 2003’’.
(b) GRADE RELIEF.—Section 525(b)(5)(C) of such title is
amended by striking ‘‘September 30, 2000’’ and inserting ‘‘September 30, 2003’’.
(c) CLARIFICATION OF CERTAIN LIMITATIONS ON NUMBER OF
ACTIVE-DUTY GENERALS AND ADMIRALS.—Paragraph (5) of section
525(b) of such title is amended by adding at the end of subparagraph
(A) the following new sentence: ‘‘Any increase by reason of the
preceding sentence in the number of officers of an armed force
serving on active duty in grades above major general or rear admiral
may only be realized by an increase in the number of lieutenant
generals or vice admirals, as the case may be, serving on active
duty, and any such increase may not be construed as authorizing
an increase in the limitation on the total number of general or
flag officers for that armed force under section 526(a) of this title
or in the number of general and flag officers that may be designated
under section 526(b) of this title.’’.

Subtitle B—Reserve Component Personnel
Policy
SEC. 511. CONTINUATION OF OFFICERS ON RESERVE ACTIVE-STATUS
LIST TO COMPLETE DISCIPLINARY ACTION.

(a) IN GENERAL.—Chapter 1407 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 14518. Continuation of officers to complete disciplinary
action
‘‘The Secretary concerned may delay the separation or retirement under this chapter of an officer against whom an action
has been commenced with a view to trying the officer by courtmartial. Any such delay may continue until the completion of the
disciplinary action against the officer.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following
new item:
‘‘14518. Continuation of officers to complete disciplinary action.’’.
SEC. 512. AUTHORITY TO ORDER RESERVE COMPONENT MEMBERS TO
ACTIVE DUTY TO COMPLETE A MEDICAL EVALUATION.

Section 12301 of title 10, United States Code, is amended
by adding at the end the following new subsection:
‘‘(h)(1) When authorized by the Secretary of Defense, the Secretary of a military department may, with the consent of the
member, order a member of a reserve component to active duty—

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‘‘(A) to receive authorized medical care;
‘‘(B) to be medically evaluated for disability or other purposes; or
‘‘(C) to complete a required Department of Defense health
care study, which may include an associated medical evaluation
of the member.
‘‘(2) A member ordered to active duty under this subsection
may, with the member’s consent, be retained on active duty, if
the Secretary concerned considers it appropriate, for medical treatment for a condition associated with the study or evaluation, if
that treatment of the member is otherwise authorized by law.
‘‘(3) A member of the Army National Guard of the United
States or the Air National Guard of the United States may be
ordered to active duty under this subsection only with the consent
of the Governor or other appropriate authority of the State concerned.’’.
SEC. 513. EXCLUSION OF RESERVE OFFICERS ON EDUCATIONAL
DELAY FROM ELIGIBILITY FOR CONSIDERATION FOR PROMOTION.

(a) EXCLUSION.—Section 14301 of title 10, United States Code,
is amended by adding at the end the following new subsection:
‘‘(h) OFFICERS ON EDUCATIONAL DELAY.—An officer on the
reserve active-status list is ineligible for consideration for promotion, but shall remain on the reserve active-status list, while
the officer—
‘‘(1) is pursuing a program of graduate level education
in an educational delay status approved by the Secretary concerned; and
‘‘(2) is receiving from the Secretary financial assistance
in connection with the pursuit of that program of education
while in that status.’’.
(b) RETROACTIVE EFFECT.—(1) Subsection (h) of section 14301
of title 10, United States Code (as added by subsection (a)), shall
apply with respect to boards convened under section 14101(a) of
such title before, on, or after the date of the enactment of this
Act.
(2) The Secretary of the military department concerned, upon
receipt of request submitted in a form and manner prescribed
by the Secretary, shall expunge from the military records of an
officer any indication of a failure of selection of the officer for
promotion by a board referred to in paragraph (1) while the officer
was ineligible for consideration by that board by reason of section
14301(h) of title 10, United States Code.

10 USC 14301
note.

Records.

SEC. 514. EXTENSION OF PERIOD FOR RETENTION OF RESERVE
COMPONENT MAJORS AND LIEUTENANT COMMANDERS
WHO TWICE FAIL OF SELECTION FOR PROMOTION.

(a) PARITY WITH OFFICERS IN PAY GRADES O–2 AND O–3.—
Section 14506 of title 10, United States Code, is amended—
(1) by inserting ‘‘the later of (1)’’ after ‘‘in accordance with
section 14513 of this title on’’; and
(2) by inserting before the period at the end the following:
‘‘, or (2) the first day of the seventh month after the month
in which the President approves the report of the board which
considered the officer for the second time’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall apply with respect to removals of reserve officers from

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reserve active-status lists under section 14506 of title 10, United
States Code, on or after the date of the enactment of this Act.
SEC. 515. COMPUTATION OF YEARS OF SERVICE EXCLUSION.

The text of section 14706 of title 10, United States Code,
is amended to read as follows:
‘‘(a) For the purpose of this chapter and chapter 1407 of this
title, a Reserve officer’s years of service include all service of the
officer as a commissioned officer of a uniformed service other than
the following:
‘‘(1) Service as a warrant officer.
‘‘(2) Constructive service.
‘‘(3) Service after appointment as a commissioned officer
of a reserve component while in a program of advanced education to obtain the first professional degree required for
appointment, designation, or assignment to a professional specialty, but only if that service occurs before the officer commences initial service on active duty or initial service in the
Ready Reserve in the specialty that results from such a degree.
‘‘(b) The exclusion under subsection (a)(3) does not apply to
service performed by an officer who previously served on active
duty or participated as a member of the Ready Reserve in other
than a student status for the period of service preceding the member’s service in a student status.
‘‘(c) For purposes of subsection (a)(3), an officer shall be considered to be in a professional specialty if the officer is appointed
or assigned to the Medical Corps, the Dental Corps, the Veterinary
Corps, the Medical Service Corps, the Nurse Corps, or the Army
Medical Specialists Corps or is designated as a chaplain or judge
advocate.’’.
SEC. 516. RETENTION OF RESERVE COMPONENT CHAPLAINS UNTIL
AGE 67.

Section 14703(b) of title 10, United States Code, is amended
by striking ‘‘(or, in the case of a reserve officer of the Army in
the Chaplains or a reserve officer of the Air Force designated
as a chaplain, 60 years of age)’’.
SEC. 517. EXPANSION AND CODIFICATION OF AUTHORITY FOR SPACEREQUIRED TRAVEL ON MILITARY AIRCRAFT FOR
RESERVES PERFORMING INACTIVE-DUTY TRAINING OUTSIDE THE CONTINENTAL UNITED STATES.

(a) AUTHORITY.—(1) Chapter 1805 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 18505. Reserves traveling to inactive-duty training
OCONUS: authority for space-required travel
‘‘(a) In the case of a member of a reserve component whose
place of inactive-duty training is outside the contiguous States
(including a place other than the place of the member’s unit training
assembly if the member is performing the inactive-duty training
in another location), the member may travel in a space-required
status on aircraft of the armed forces between the member’s home
and the place of such training if there is no transportation between
those locations by means of road or railroad (or a combination
of road and railroad).
‘‘(b) A member traveling in a space-required status on any
such aircraft under subsection (a) is not authorized to receive travel,

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transportation, or per diem allowances in connection with that
travel.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘18505. Reserves traveling to inactive-duty training OCONUS: authority for spacerequired travel.’’.

(b) REPEAL OF SUPERSEDED AUTHORITY.—Section 8023 of Public
Law 105–262 (112 Stat. 2302) is repealed.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to travel commencing on or after the
date of the enactment of this Act.

Applicability.
10 USC 18505
note.

Subtitle C—Military Technicians
SEC. 521. REVISION TO MILITARY TECHNICIAN (DUAL STATUS) LAW.

(a) DEFINITION.—Subsection (a)(1) of section 10216 of title 10,
United States Code, is amended—
(1) in subparagraph (A), by striking ‘‘section 709’’ and
inserting ‘‘section 709(b)’’; and
(2) in subparagraph (C), by inserting ‘‘civilian’’ after ‘‘is
assigned to a’’.
(b) DUAL STATUS REQUIREMENT.—Subsection (e) of such section
is amended—
(1) in paragraph (1), by inserting ‘‘(dual status)’’ after ‘‘military technician’’ the second place it appears; and
(2) in paragraph (2)—
(A) by striking ‘‘The Secretary’’ and inserting ‘‘Except
as otherwise provided by law, the Secretary’’; and
(B) by striking ‘‘not to exceed six months’’ and inserting
‘‘up to 12 months’’.
SEC. 522. CIVIL SERVICE RETIREMENT OF TECHNICIANS.

(a) IN GENERAL.—(1) Chapter 1007 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 10218. Army and Air Force Reserve technicians: conditions for retention; mandatory retirement under
civil service laws
‘‘(a) SEPARATION AND RETIREMENT OF MILITARY TECHNICIANS
(DUAL STATUS).—(1) An individual employed by the Army Reserve
or the Air Force Reserve as a military technician (dual status)
who after the date of the enactment of this section loses dual
status is subject to paragraph (2) or (3), as the case may be.
‘‘(2) If a technician described in paragraph (1) is eligible at
the time dual status is lost for an unreduced annuity, the technician
shall be separated not later than 30 days after the date on which
dual status is lost.
‘‘(3)(A) If a technician described in paragraph (1) is not eligible
at the time dual status is lost for an unreduced annuity, the
technician shall be offered the opportunity to—
‘‘(i) reapply for, and if qualified be appointed to, a position
as a military technician (dual status); or
‘‘(ii) apply for a civil service position that is not a technician
position.

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‘‘(B) If such a technician continues employment with the Army
Reserve or the Air Force Reserve as a non-dual status technician,
the technician—
‘‘(i) shall not be permitted, after the end of the one-year
period beginning on the date of the enactment of this subsection, to apply for any voluntary personnel action; and
‘‘(ii) shall be separated or retired—
‘‘(I) in the case of a technician first hired as a military
technician (dual status) on or before February 10, 1996,
not later than 30 days after becoming eligible for an
unreduced annuity; and
‘‘(II) in the case of a technician first hired as a military
technician (dual status) after February 10, 1996, not later
than one year after the date on which dual status is lost.
‘‘(4) For purposes of this subsection, a military technician is
considered to lose dual status upon—
‘‘(A) being separated from the Selected Reserve; or
‘‘(B) ceasing to hold the military grade specified by the
Secretary concerned for the position held by the technician.
‘‘(b) NON-DUAL STATUS TECHNICIANS.—(1) An individual who
on the date of the enactment of this section is employed by the
Army Reserve or the Air Force Reserve as a non-dual status technician and who on that date is eligible for an unreduced annuity
shall be separated not later than six months after the date of
the enactment of this section.
‘‘(2)(A) An individual who on the date of the enactment of
this section is employed by the Army Reserve or the Air Force
Reserve as a non-dual status technician and who on that date
is not eligible for an unreduced annuity shall be offered the opportunity to—
‘‘(i) reapply for, and if qualified be appointed to, a position
as a military technician (dual status); or
‘‘(ii) apply for a civil service position that is not a technician
position.
‘‘(B) If such a technician continues employment with the Army
Reserve or the Air Force Reserve as a non-dual status technician,
the technician—
‘‘(i) shall not be permitted, after the end of the one-year
period beginning on the date of the enactment of this subsection, to apply for any voluntary personnel action; and
‘‘(ii) shall be separated or retired—
‘‘(I) in the case of a technician first hired as a technician on or before February 10, 1996, and who on the
date of the enactment of this section is a non-dual status
technician, not later than 30 days after becoming eligible
for an unreduced annuity; and
‘‘(II) in the case of a technician first hired as a technician after February 10, 1996, and who on the date of
the enactment of this section is a non-dual status technician, not later than one year after the date on which
dual status is lost.
‘‘(3) An individual employed by the Army Reserve or the Air
Force Reserve as a non-dual status technician who is ineligible
for appointment to a military technician (dual status) position,
or who decides not to apply for appointment to such a position,
or who, within six months of the date of the enactment of this
section is not appointed to such a position, shall for reduction-

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in-force purposes be in a separate competitive category from
employees who are military technicians (dual status).
‘‘(c) UNREDUCED ANNUITY DEFINED.—For purposes of this section, a technician shall be considered to be eligible for an unreduced
annuity if the technician is eligible for an annuity under section
8336, 8412, or 8414 of title 5 that is not subject to a reduction
by reason of the age or years of service of the technician.
‘‘(d) VOLUNTARY PERSONNEL ACTION DEFINED.—In this section,
the term ‘voluntary personnel action’, with respect to a non-dual
status technician, means any of the following:
‘‘(1) The hiring, entry, appointment, reassignment, promotion, or transfer of the technician into a position for which
the Secretary concerned has established a requirement that
the person occupying the position be a military technician (dual
status).
‘‘(2) Promotion to a higher grade if the technician is in
a position for which the Secretary concerned has established
a requirement that the person occupying the position be a
military technician (dual status).’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘10218. Army and Air Force Reserve technicians: conditions for retention; mandatory retirement under civil service laws.’’.

(3) During the six-month period beginning on the date of the
enactment of this Act, the provisions of subsections (a)(3)(B)(ii)(I)
and (b)(2)(B)(ii)(I) of section 10218 of title 10, United States Code,
as added by paragraph (1), shall be applied by substituting ‘‘six
months’’ for ‘‘30 days’’.
(b) EARLY RETIREMENT.—Section 8414(c) of title 5, United
States Code, is amended to read as follows:
‘‘(c)(1) An employee who was hired as a military reserve technician on or before February 10, 1996 (under the provisions of this
title in effect before that date), and who is separated from technician
service, after becoming 50 years of age and completing 25 years
of service, by reason of being separated from the Selected Reserve
of the employee’s reserve component or ceasing to hold the military
grade specified by the Secretary concerned for the position held
by the employee is entitled to an annuity.
‘‘(2) An employee who is initially hired as a military technician
(dual status) after February 10, 1996, and who is separated from
the Selected Reserve or ceases to hold the military grade specified
by the Secretary concerned for the position held by the technician—
‘‘(A) after completing 25 years of service as a military
technician (dual status), or
‘‘(B) after becoming 50 years of age and completing 20
years of service as a military technician (dual status),
is entitled to an annuity.’’.
(c) CONFORMING AMENDMENTS.—Chapter 84 of title 5, United
States Code, is amended as follows:
(1) Section 8415(g)(2) is amended by striking ‘‘military
reserve technician’’ and inserting ‘‘military technician (dual
status)’’.
(2) Section 8401(30) is amended to read as follows:
‘‘(30) the term ‘military technician (dual status)’ means
an employee described in section 10216 of title 10;’’.
(d) DISABILITY RETIREMENT.—Section 8337(h) of title 5, United
States Code, is amended—

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(1) in paragraph (1)—
(A) by inserting ‘‘or section 10216 of title 10’’ after
‘‘title 32’’;
(B) by striking ‘‘such title’’ and all that follows through
the period and inserting ‘‘title 32 or section 10216 of title
10, respectively, to be a member of the Selected Reserve.’’;
(2) in paragraph (2)(A)(i)—
(A) by inserting ‘‘or section 10216 of title 10’’ after
‘‘title 32’’; and
(B) by striking ‘‘National Guard or from holding the
military grade required for such employment’’ and inserting
‘‘Selected Reserve’’; and
(3) in paragraph (3)(C), by inserting ‘‘or section 10216 of
title 10’’ after ‘‘title 32’’.

SEC. 523. REVISION TO NON-DUAL STATUS TECHNICIANS STATUTE.

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(a) REVISION.—Section 10217 of title 10, United States Code,
is amended—
(1) in subsection (a)—
(A) by striking ‘‘military’’ after ‘‘non-dual status’’ in
the matter preceding paragraph (1); and
(B) by striking paragraphs (1) and (2) and inserting
the following:
‘‘(1) was hired as a technician before November 18, 1997,
under any of the authorities specified in subsection (b) and
as of that date is not a member of the Selected Reserve or
after such date has ceased to be a member of the Selected
Reserve; or
‘‘(2) is employed under section 709 of title 32 in a position
designated under subsection (c) of that section and when hired
was not required to maintain membership in the Selected
Reserve.’’; and
(2) by adding at the end the following new subsection:
‘‘(c) PERMANENT LIMITATIONS ON NUMBER.—(1) Effective
October 1, 2007, the total number of non-dual status technicians
employed by the Army Reserve and Air Force Reserve may not
exceed 175. If at any time after the preceding sentence takes
effect the number of non-dual status technicians employed by the
Army Reserve and Air Force Reserve exceeds the number specified
in the limitation in the preceding sentence, the Secretary of Defense
shall require that the Secretary of the Army or the Secretary
of the Air Force, or both, take immediate steps to reduce the
number of such technicians in order to comply with such limitation.
‘‘(2) Effective October 1, 2001, the total number of non-dual
status technicians employed by the National Guard may not exceed
1,950. If at any time after the preceding sentence takes effect
the number of non-dual status technicians employed by the National
Guard exceeds the number specified in the limitation in the preceding sentence, the Secretary of Defense shall require that the
Secretary of the Army or the Secretary of the Air Force, or both,
take immediate steps to reduce the number of such technicians
in order to comply with such limitation.’’.
(b) CONFORMING AMENDMENTS.—The heading of such section
and the item relating to such section in the table of sections at
the beginning of chapter 1007 of such title are each amended
by striking the penultimate word.

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SEC. 524. REVISION TO AUTHORITIES RELATING TO NATIONAL GUARD
TECHNICIANS.

Section 709 of title 32, United States Code, is amended to
read as follows:
‘‘§ 709. Technicians: employment, use, status
‘‘(a) Under regulations prescribed by the Secretary of the Army
or the Secretary of the Air Force, as the case may be, and subject
to subsections (b) and (c), persons may be employed as technicians
in—
‘‘(1) the administration and training of the National Guard;
and
‘‘(2) the maintenance and repair of supplies issued to the
National Guard or the armed forces.
‘‘(b) Except as authorized in subsection (c), a person employed
under subsection (a) must meet each of the following requirements:
‘‘(1) Be a military technician (dual status) as defined in
section 10216(a) of title 10.
‘‘(2) Be a member of the National Guard.
‘‘(3) Hold the military grade specified by the Secretary
concerned for that position.
‘‘(4) While performing duties as a military technician (dual
status), wear the uniform appropriate for the member’s grade
and component of the armed forces.
‘‘(c)(1) A person may be employed under subsection (a) as a
non-dual status technician (as defined by section 10217 of title
10) if the technician position occupied by the person has been
designated by the Secretary concerned to be filled only by a nondual status technician.
‘‘(2) The total number of non-dual status technicians in the
National Guard is specified in section 10217(c)(2) of title 10.
‘‘(d) The Secretary concerned shall designate the adjutants general referred to in section 314 of this title to employ and administer
the technicians authorized by this section.
‘‘(e) A technician employed under subsection (a) is an employee
of the Department of the Army or the Department of the Air
Force, as the case may be, and an employee of the United States.
However, a position authorized by this section is outside the
competitive service if the technician employed in that position is
required under subsection (b) to be a member of the National
Guard.
‘‘(f) Notwithstanding any other provision of law and under
regulations prescribed by the Secretary concerned—
‘‘(1) a person employed under subsection (a) who is a military technician (dual status) and otherwise subject to the
requirements of subsection (b) who—
‘‘(A) is separated from the National Guard or ceases
to hold the military grade specified by the Secretary concerned for that position shall be promptly separated from
military technician (dual status) employment by the adjutant general of the jurisdiction concerned; and
‘‘(B) fails to meet the military security standards established by the Secretary concerned for a member of a reserve
component under his jurisdiction may be separated from
employment as a military technician (dual status) and
concurrently discharged from the National Guard by the
adjutant general of the jurisdiction concerned;

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‘‘(2) a technician may, at any time, be separated from
his technician employment for cause by the adjutant general
of the jurisdiction concerned;
‘‘(3) a reduction in force, removal, or an adverse action
involving discharge from technician employment, suspension,
furlough without pay, or reduction in rank or compensation
shall be accomplished by the adjutant general of the jurisdiction
concerned;
‘‘(4) a right of appeal which may exist with respect to
paragraph (1), (2), or (3) shall not extend beyond the adjutant
general of the jurisdiction concerned; and
‘‘(5) a technician shall be notified in writing of the termination of his employment as a technician and, unless the technician is serving under a temporary appointment, is serving
in a trial or probationary period, or has voluntarily ceased
to be a member of the National Guard when such membership
is a condition of employment, such notification shall be given
at least 30 days before the termination date of such employment.
‘‘(g) Sections 2108, 3502, 7511, and 7512 of title 5 do not
apply to a person employed under this section.
‘‘(h) Notwithstanding sections 5544(a) and 6101(a) of title 5
or any other provision of law, the Secretary concerned may prescribe
the hours of duty for technicians. Notwithstanding sections 5542
and 5543 of title 5 or any other provision of law, such technicians
shall be granted an amount of compensatory time off from their
scheduled tour of duty equal to the amount of any time spent
by them in irregular or overtime work, and shall not be entitled
to compensation for such work.
‘‘(i) The Secretary concerned may not prescribe for purposes
of eligibility for Federal recognition under section 301 of this title
a qualification applicable to technicians employed under subsection
(a) that is not applicable pursuant to that section to the other
members of the National Guard in the same grade, branch, position,
and type of unit or organization involved.’’.
10 USC 10217
note.

SEC. 525. EFFECTIVE DATE.

10 USC 113 note.

SEC. 526. SECRETARY OF DEFENSE REVIEW OF ARMY TECHNICIAN
COSTING PROCESS.

The amendments made by sections 523 and 524 shall take
effect 180 days after the date of the receipt by Congress of the
plan required by section 523(d) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1737)
or a report by the Secretary of Defense providing an alternative
proposal to the plan required by that section.

(a) REVIEW.—The Secretary of Defense shall review the process
used by the Army, including use of the Civilian Manpower Obligation Resources (CMOR) model, to develop estimates of the annual
authorizations and appropriations required for civilian personnel
of the Department of the Army generally and for National Guard
and Army Reserve technicians in particular. Based upon the review,
the Secretary shall direct that any appropriate revisions to that
process be implemented.
(b) PURPOSE OF REVIEW.—The purpose of the review shall be
to ensure that the process referred to in subsection (a) does the
following:

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(1) Accurately and fully incorporates all the actual cost
factors for such personnel, including particularly those factors
necessary to recruit, train, and sustain a qualified technician
workforce.
(2) Provides estimates of required annual appropriations
required to fully fund all the technicians (both dual status
and non-dual status) requested in the President’s budget.
(3) Eliminates inaccuracies in the process that compel both
the Army Reserve and the Army National Guard either (A)
to reduce the number of military technicians (dual status) below
the statutory floors without corresponding force structure reductions, or (B) to transfer funds from other appropriations simply
to provide the required funding for military technicians (dual
status).
(c) REPORT.—The Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report containing the results of the review undertaken under this section,
together with a description of corrective actions taken and proposed,
not later than March 31, 2000.

Deadline.

SEC. 527. FISCAL YEAR 2000 LIMITATION ON NUMBER OF NON-DUAL
STATUS TECHNICIANS.

The number of civilian employees who are non-dual status
technicians of a reserve component of the Army or Air Force as
of September 30, 2000, may not exceed the following:
(1) For the Army Reserve, 1,295.
(2) For the Army National Guard of the United States,
1,800.
(3) For the Air Force Reserve, 0.
(4) For the Air National Guard of the United States, 342.

Subtitle D—Service Academies
SEC. 531. STRENGTH LIMITATIONS AT THE SERVICE ACADEMIES.

(a) UNITED STATES MILITARY ACADEMY.—(1) The Secretary of
the Army shall take such action as necessary to ensure that the
United States Military Academy is in compliance with the USMA
cadet strength limit not later than the day before the last day
of the 2001–2002 academic year.
(2) The Secretary of the Army may provide for a variance
to the USMA cadet strength limit—
(A) as of the day before the last day of the 1999–2000
academic year of not more than 5 percent; and
(B) as of the day before the last day of the 2000–2001
academic year of not more than 21⁄2 percent.
(3) For purposes of this subsection—
(A) the USMA cadet strength limit is the maximum of
4,000 cadets established for the Corps of Cadets at the United
States Military Academy by section 511 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public Law
102–190; 10 U.S.C. 4342 note), reenacted in section 4342(a)
of title 10, United States Code, by the amendment made by
subsection (b)(1); and
(B) the last day of an academic year is graduation day.

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PUBLIC LAW 106–65—OCT. 5, 1999

(b) REENACTMENT OF LIMITATION; AUTHORIZED VARIANCE.—(1)
Section 4342 of title 10, United States Code, is amended—
(A) in subsection (a), by striking ‘‘is as follows:’’ in the
matter preceding paragraph (1) and inserting ‘‘(determined for
any year as of the day before the last day of the academic
year) is 4,000. Subject to that limitation, cadets are selected
as follows:’’; and
(B) by adding at the end the following new subsection:
‘‘(i) For purposes of the limitation in subsection (a) establishing
the aggregate authorized strength of the Corps of Cadets, the Secretary of the Army may for any year (beginning with the 2001–
2002 academic year) permit a variance in that limitation by not
more than one percent. In applying that limitation, and any such
variance, the last day of an academic year shall be considered
to be graduation day.’’.
(2) Section 6954 of such title is amended—
(A) by striking the matter preceding paragraph (1) and
inserting the following:
‘‘(a) The authorized strength of the Brigade of Midshipmen
(determined for any year as of the day before the last day of
the academic year) is 4,000. Subject to that limitation, midshipmen
are selected as follows:’’; and
(B) by adding at the end the following new subsection:
‘‘(g) For purposes of the limitation in subsection (a) establishing
the aggregate authorized strength of the Brigade of Midshipmen,
the Secretary of the Navy may for any year permit a variance
in that limitation by not more than one percent. In applying that
limitation, and any such variance, the last day of an academic
year shall be considered to be graduation day.’’.
(3) Section 9342 of such title is amended—
(A) in subsection (a), by striking ‘‘is as follows:’’ in the
matter preceding paragraph (1) and inserting ‘‘(determined for
any year as of the day before the last day of the academic
year) is 4,000. Subject to that limitation, Air Force Cadets
are selected as follows:’’; and
(B) by adding at the end the following new subsection:
‘‘(i) For purposes of the limitation in subsection (a) establishing
the aggregate authorized strength of Air Force Cadets, the Secretary
of the Air Force may for any year permit a variance in that limitation by not more than one percent. In applying that limitation,
and any such variance, the last day of an academic year shall
be considered to be graduation day.’’.
(4) Section 511 of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 (Public Law 102–190; 10 U.S.C. 4342
note) is repealed.
SEC. 532. SUPERINTENDENTS OF THE SERVICE ACADEMIES.

(a) POSITION OF SUPERINTENDENT REQUIRED TO BE TERMINAL
POSITION.—(1)(A) Chapter 367 of title 10, United States Code, is
amended by inserting after section 3920 the following new section:
‘‘§ 3921. Mandatory retirement: Superintendent of the United
States Military Academy
‘‘Upon the termination of the detail of an officer to the position
of Superintendent of the United States Military Academy, the Secretary of the Army shall retire the officer under any provision
of this chapter under which that officer is eligible to retire.’’.

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(B) Chapter 403 of such title is amended by inserting after
section 4333 the following new section:
‘‘§ 4333a. Superintendent: condition for detail to position
‘‘As a condition for detail to the position of Superintendent
of the Academy, an officer shall acknowledge that upon termination
of that detail the officer shall be retired.’’.
(2)(A) Chapter 573 of such title is amended by inserting after
the table of sections at the beginning of such chapter the following
new section:
‘‘§ 6371. Mandatory retirement: Superintendent of the United
States Naval Academy
‘‘Upon the termination of the detail of an officer to the position
of Superintendent of the United States Naval Academy, the Secretary of the Navy shall retire the officer under any provision
of chapter 571 of this title under which the officer is eligible to
retire.’’.
(B) Chapter 603 of such title is amended by inserting after
section 6951 the following new section:
‘‘§ 6951a. Superintendent
‘‘(a) There is a Superintendent of the United States Naval
Academy. The immediate governance of the Naval Academy is
under the Superintendent.
‘‘(b) The Superintendent shall be detailed to that position by
the President. As a condition for detail to that position, an officer
shall acknowledge that upon termination of that detail the officer
shall be retired.’’.
(3)(A) Chapter 867 of such title is amended by inserting after
section 8920 the following new section:

Establishment.

President.

‘‘§ 8921. Mandatory retirement: Superintendent of the United
States Air Force Academy
‘‘Upon the termination of the detail of an officer to the position
of Superintendent of the United States Air Force Academy, the
Secretary of the Air Force shall retire the officer under any provision
of this chapter under which the officer is eligible to retire.’’.
(B) Chapter 903 of such title is amended by inserting after
section 9333 the following new section:
‘‘§ 9333a. Superintendent: condition for detail to position
‘‘As a condition for detail to the position of Superintendent
of the Academy, an officer shall acknowledge that upon termination
of that detail the officer shall be retired.’’.
(4)(A) The table of sections at the beginning of chapter 367
of title 10, United States Code, is amended by inserting after
the item relating to section 3920 the following new item:
‘‘3921. Mandatory retirement: Superintendent of the United States Military Academy.’’.

(B) The table of sections at the beginning of chapter 403 of
such title is amended by inserting after the item relating to section
4333 the following new item:
‘‘4333a. Superintendent: condition for detail to position.’’.

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PUBLIC LAW 106–65—OCT. 5, 1999

(C) The table of sections at the beginning of chapter 573 of
such title is amended by inserting before the item relating to
section 6383 the following new item:
‘‘6371. Mandatory retirement: Superintendent of the United States Naval Academy.’’.

(D) The table of sections at the beginning of chapter 603 of
such title is amended by inserting after the item relating to section
6951 the following new item:
‘‘6951a. Superintendent.’’.

(E) The table of sections at the beginning of chapter 867 of
such title is amended by inserting after the item relating to section
8920 the following new item:
‘‘8921. Mandatory retirement: Superintendent of the United States Air Force Academy.’’.

(F) The table of sections at the beginning of chapter 903 of
such title is amended by inserting after the item relating to section
9333 the following new item:
‘‘9333a. Superintendent: condition for detail to position.’’.
10 USC 3921
note.

(5) The amendments made by this subsection shall not apply
to an officer serving on the date of the enactment of this Act
in the position of Superintendent of the United States Military
Academy, Superintendent of the United States Naval Academy,
or Superintendent of the United States Air Force Academy for
so long as that officer continues on and after that date to serve
in that position without a break in service.
(b) EXCLUSION FROM CERTAIN GENERAL AND FLAG OFFICER
GRADE STRENGTH LIMITATIONS.—Section 525(b) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
‘‘(7) An officer of the Army while serving as Superintendent
of the United States Military Academy, if serving in the grade
of lieutenant general, is in addition to the number that would
otherwise be permitted for the Army for officers serving on active
duty in grades above major general under paragraph (1). An officer
of the Navy or Marine Corps while serving as Superintendent
of the United States Naval Academy, if serving in the grade of
vice admiral or lieutenant general, is in addition to the number
that would otherwise be permitted for the Navy or Marine Corps,
respectively, for officers serving on active duty in grades above
major general or rear admiral under paragraph (1) or (2). An
officer while serving as Superintendent of the United States Air
Force Academy, if serving in the grade of lieutenant general, is
in addition to the number that would otherwise be permitted for
the Air Force for officers serving on active duty in grades above
major general under paragraph (1).’’.
SEC. 533. DEAN OF ACADEMIC BOARD, UNITED STATES MILITARY
ACADEMY AND DEAN OF THE FACULTY, UNITED STATES
AIR FORCE ACADEMY.

(a) DEAN OF THE ACADEMIC BOARD, USMA.—Section 4335 of
title 10, United States Code, is amended by adding at the end
the following new subsection:
‘‘(c) While serving as Dean of the Academic Board, an officer
of the Army who holds a grade lower than brigadier general shall
hold the grade of brigadier general, if appointed to that grade

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113 STAT. 605

by the President, by and with the advice and consent of the Senate.
The retirement age of an officer so appointed is that of a permanent
professor of the Academy. An officer so appointed is counted for
purposes of the limitation in section 526(a) of this title on general
officers of the Army on active duty.’’.
(b) DEAN OF THE FACULTY, USAFA.—Section 9335 of title 10,
United States Code, is amended—
(1) by inserting ‘‘(a)’’ at the beginning of the text of the
section; and
(2) by adding at the end the following new subsection:
‘‘(b) While serving as Dean of the Faculty, an officer of the
Air Force who holds a grade lower than brigadier general shall
hold the grade of brigadier general, if appointed to that grade
by the President, by and with the advice and consent of the Senate.
The retirement age of an officer so appointed is that of a permanent
professor of the Academy. An officer so appointed is counted for
purposes of the limitation in section 526(a) of this title on general
officers of the Air Force on active duty.’’.
SEC. 534. WAIVER OF REIMBURSEMENT OF EXPENSES FOR INSTRUCTION AT SERVICE ACADEMIES OF PERSONS FROM FOREIGN COUNTRIES.

(a) UNITED STATES MILITARY ACADEMY.—Section 4344(b)(3) of
title 10, United States Code, is amended—
(1) by striking ‘‘35 percent’’ and inserting ‘‘50 percent’’;
and
(2) by striking ‘‘five persons’’ and inserting ‘‘20 persons’’.
(b) NAVAL ACADEMY.—Section 6957(b)(3) of such title is
amended—
(1) by striking ‘‘35 percent’’ and inserting ‘‘50 percent’’;
and
(2) by striking ‘‘five persons’’ and inserting ‘‘20 persons’’.
(c) AIR FORCE ACADEMY.—Section 9344(b)(3) of such title is
amended—
(1) by striking ‘‘35 percent’’ and inserting ‘‘50 percent’’;
and
(2) by striking ‘‘five persons’’ and inserting ‘‘20 persons’’.
(d) EFFECTIVE DATE.—The amendments made by this section
apply with respect to students from a foreign country entering
the United States Military Academy, the United States Naval
Academy, or the United States Air Force Academy on or after
May 1, 1999.
(e) CONFORMING REPEAL.—Section 301 of the 1999 Emergency
Supplemental Appropriations Act (Public Law 106–31; 113 Stat.
66) is repealed.

Applicability.
10 USC 4344
note.

Ante, p. 66.

SEC. 535. EXPANSION OF FOREIGN EXCHANGE PROGRAMS OF THE
SERVICE ACADEMIES.

(a) UNITED STATES MILITARY ACADEMY.—Section 4345 of title
10, United States Code, is amended—
(1) in subsection (b), by striking ‘‘10 cadets’’ and inserting
‘‘24 cadets’’; and
(2) in subsection (c)(3), by striking ‘‘$50,000’’ and inserting
‘‘$120,000’’.
(b) UNITED STATES NAVAL ACADEMY.—Section 6957a of such
title is amended—
(1) in subsection (b), by striking ‘‘10 midshipmen’’ and
inserting ‘‘24 midshipmen’’; and

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PUBLIC LAW 106–65—OCT. 5, 1999

(2) in subsection (c)(3), by striking ‘‘$50,000’’ and inserting
‘‘$120,000’’.
(c) UNITED STATES AIR FORCE ACADEMY.—Section 9345 of such
title is amended—
(1) in subsection (b), by striking ‘‘10 Air Force cadets’’
and inserting ‘‘24 Air Force cadets’’; and
(2) in subsection (c)(3), by striking ‘‘$50,000’’ and inserting
‘‘$120,000’’.

Subtitle E—Education and Training
SEC. 541. ESTABLISHMENT OF A DEPARTMENT OF DEFENSE INTERNATIONAL STUDENT PROGRAM AT THE SENIOR MILITARY
COLLEGES.

(a) IN GENERAL.—(1) Chapter 103 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 2111b. Senior military colleges: Department of Defense
international student program
‘‘(a) PROGRAM REQUIREMENT.—The Secretary of Defense shall
establish a program to facilitate the enrollment and instruction
of persons from foreign countries as international students at the
senior military colleges.
‘‘(b) PURPOSES.—The purposes of the program shall be—
‘‘(1) to provide a high-quality, cost-effective military-based
educational experience for international students in furtherance
of the military-to-military program objectives of the Department
of Defense; and
‘‘(2) to enhance the educational experience and preparation
of future United States military leaders through increased,
extended interaction with highly qualified potential foreign
military leaders.
‘‘(c) COORDINATION WITH THE SENIOR MILITARY COLLEGES.—
Guidelines for implementation of the program shall be developed
in coordination with the senior military colleges.
‘‘(d) RECOMMENDATIONS FOR ADMISSION OF STUDENTS UNDER
THE PROGRAM.—The Secretary of Defense shall annually identify
to the senior military colleges the international students who, based
on criteria established by the Secretary, the Secretary recommends
be considered for admission under the program. The Secretary
shall identify the recommended international students to the senior
military colleges as early as possible each year to enable those
colleges to consider them in a timely manner in their respective
admissions processes.
‘‘(e) DOD FINANCIAL SUPPORT.—An international student who
is admitted to a senior military college under the program under
this section is responsible for the cost of instruction at that college.
The Secretary of Defense may, from funds available to the Department of Defense other than funds available for financial assistance
under section 2107a of this title, provide some or all of the costs
of instruction for any such student.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘2111b. Senior military colleges: Department of Defense international student program.’’.

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113 STAT. 607

(b) EFFECTIVE DATE.—The Secretary of Defense shall implement the program under section 2111b of title 10, United States
Code, as added by subsection (a), with students entering the senior
military colleges after May 1, 2000.
(c) REPEAL OF OBSOLETE PROVISION.—Section 2111a(e)(1) of
title 10, United States Code, is amended by striking the second
sentence.
(d) FISCAL YEAR 2000 FUNDING.—Of the amounts made available to the Department of Defense for fiscal year 2000 pursuant
to section 301, $2,000,000 shall be available for financial support
for international students under section 2111b of title 10, United
States Code, as added by subsection (a).

10 USC 2111b
note.

SEC. 542. AUTHORITY FOR ARMY WAR COLLEGE TO AWARD DEGREE
OF MASTER OF STRATEGIC STUDIES.

(a) AUTHORITY.—Chapter 401 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 4321. United States Army War College: master of strategic
studies degree
‘‘Under regulations prescribed by the Secretary of the Army,
the Commandant of the United States Army War College, upon
the recommendation of the faculty and dean of the college, may
confer the degree of master of strategic studies upon graduates
of the college who have fulfilled the requirements for that degree.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following
new item:

Regulations.

‘‘4321. United States Army War College: master of strategic studies degree.’’.
SEC. 543. AUTHORITY FOR AIR UNIVERSITY TO CONFER GRADUATELEVEL DEGREES.

(a) IN GENERAL.—Subsection (a) of section 9317 of title 10,
United States Code, is amended to read as follows:
‘‘(a) AUTHORITY.—Upon the recommendation of the faculty of
the appropriate school of the Air University, the commander of
the Air University may confer—
‘‘(1) the degree of master of strategic studies upon graduates of the Air War College who fulfill the requirements for
that degree;
‘‘(2) the degree of master of military operational art and
science upon graduates of the Air Command and Staff College
who fulfill the requirements for that degree; and
‘‘(3) the degree of master of airpower art and science upon
graduates of the School of Advanced Airpower Studies who
fulfill the requirements for that degree.’’.
(b) CLERICAL AMENDMENTS.—(1) The heading for that section
is amended to read:
‘‘§ 9317. Air University: graduate-level degrees’’.
(2) The item relating to that section in the table of sections
at the beginning of chapter 901 of such title is amended to read
as follows:
‘‘9317. Air University: graduate-level degrees.’’.

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PUBLIC LAW 106–65—OCT. 5, 1999

SEC. 544. RESERVE CREDIT FOR PARTICIPATION IN HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM.

Section 2126(b) of title 10, United States Code, is amended—
(1) by striking paragraphs (2) and (3) and inserting the
following:
‘‘(2) Service credited under paragraph (1) counts only for the
award of retirement points for computation of years of service
under section 12732 of this title and for computation of retired
pay under section 12733 of this title.
‘‘(3) The number of points credited to a member under paragraph (1) for a year of participation in a course of study is 50.
The points shall be credited to the member for one of the years
of that participation at the end of each year after the completion
of the course of study that the member serves in the Selected
Reserve and is credited under section 12732(a)(2) of this title with
at least 50 points. The points credited for the participation shall
be recorded in the member’s records as having been earned in
the year of the participation in the course of study.’’;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following new paragraph (5):
‘‘(5) A member of the Selected Reserve may be considered
to be in an active status while pursuing a course of study under
this subchapter only for purposes of sections 12732(a) and 12733(3)
of this title.’’.
SEC. 545. PERMANENT AUTHORITY FOR ROTC SCHOLARSHIPS FOR
GRADUATE STUDENTS.

Section 2107(c)(2) of title 10, United States Code, is amended
to read as follows:
‘‘(2) The Secretary of the military department concerned may
provide financial assistance, as described in paragraph (1), to a
student enrolled in an advanced education program beyond the
baccalaureate degree level if the student also is a cadet or midshipman in an advanced training program. Not more than 15 percent of the total number of scholarships awarded under this section
in any year may be awarded under this paragraph.’’.
SEC. 546. INCREASE IN MONTHLY SUBSISTENCE ALLOWANCE FOR
SENIOR ROTC CADETS SELECTED FOR ADVANCED
TRAINING.

37 USC 209 note.

(a) INCREASE.—Section 209(a) of title 37, United States Code,
is amended by striking ‘‘$150 a month’’ and inserting ‘‘$200 a
month’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on October 1, 1999.
SEC. 547. CONTINGENT FUNDING INCREASE FOR JUNIOR ROTC PROGRAM.

(a) IN GENERAL.—(1) Chapter 102 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 2033. Contingent funding increase
‘‘If for any fiscal year the amount appropriated for the National
Guard Challenge Program under section 509 of title 32 is in excess
of $62,500,000, the Secretary of Defense shall (notwithstanding
any other provision of law) make the amount in excess of

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113 STAT. 609

$62,500,000 available for the Junior Reserve Officers’ Training
Corps program under section 2031 of this title, and such excess
amount may not be used for any other purpose.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘2033. Contingent funding increase.’’.

(b) EFFECTIVE DATE.—Section 2033 of title 10, United States
Code, as added by subsection (a), shall apply only with respect
to funds appropriated for fiscal years after fiscal year 1999.

Applicability.
10 USC 2033
note.

SEC. 548. CHANGE FROM ANNUAL TO BIENNIAL REPORTING UNDER
THE RESERVE COMPONENT MONTGOMERY GI BILL.

(a) IN GENERAL.—Section 16137 of title 10, United States Code,
is amended to read as follows:
‘‘§ 16137. Biennial report to Congress
‘‘The Secretary of Defense shall submit to Congress a report
not later than March 1 of each odd-numbered year concerning
the operation of the educational assistance program established
by this chapter during the preceding two fiscal years. Each such
report shall include the number of members of the Selected Reserve
of the Ready Reserve of each armed force receiving, and the number
entitled to receive, educational assistance under this chapter during
those fiscal years. The Secretary may submit the report more frequently and adjust the period covered by the report accordingly.’’.
(b) CLERICAL AMENDMENT.—The item relating to such section
in the table of sections at the beginning of chapter 1606 of such
title is amended to read as follows:

Deadline.

‘‘16137. Biennial report to Congress.’’.
SEC. 549. RECODIFICATION AND CONSOLIDATION OF STATUTES
DENYING FEDERAL GRANTS AND CONTRACTS BY CERTAIN
DEPARTMENTS AND AGENCIES TO INSTITUTIONS OF
HIGHER EDUCATION THAT PROHIBIT SENIOR ROTC UNITS
OR MILITARY RECRUITING ON CAMPUS.

(a) RECODIFICATION AND CONSOLIDATION FOR LIMITATIONS ON
FEDERAL GRANTS AND CONTRACTS.—(1) Section 983 of title 10,
United States Code, is amended to read as follows:
‘‘§ 983. Institutions of higher education that prevent ROTC
access or military recruiting on campus: denial of
grants and contracts from Department of Defense,
Department of Education, and certain other departments and agencies
‘‘(a) DENIAL OF FUNDS FOR PREVENTING ROTC ACCESS TO CAMPUS.—No funds described in subsection (d)(1) may be provided
by contract or by grant (including a grant of funds to be available
for student aid) to an institution of higher education (including
any subelement of such institution) if the Secretary of Defense
determines that that institution (or any subelement of that institution) has a policy or practice (regardless of when implemented)
that either prohibits, or in effect prevents—
‘‘(1) the Secretary of a military department from
maintaining, establishing, or operating a unit of the Senior
Reserve Officer Training Corps (in accordance with section
654 of this title and other applicable Federal laws) at that
institution (or any subelement of that institution); or

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113 STAT. 610

Federal Register,
publication.

Records.

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PUBLIC LAW 106–65—OCT. 5, 1999

‘‘(2) a student at that institution (or any subelement of
that institution) from enrolling in a unit of the Senior Reserve
Officer Training Corps at another institution of higher education.
‘‘(b) DENIAL OF FUNDS FOR PREVENTING MILITARY RECRUITING
ON CAMPUS.—No funds described in subsection (d)(2) may be provided by contract or by grant (including a grant of funds to be
available for student aid) to an institution of higher education
(including any subelement of such institution) if the Secretary of
Defense determines that that institution (or any subelement of
that institution) has a policy or practice (regardless of when implemented) that either prohibits, or in effect prevents—
‘‘(1) the Secretary of a military department or Secretary
of Transportation from gaining entry to campuses, or access
to students (who are 17 years of age or older) on campuses,
for purposes of military recruiting; or
‘‘(2) access by military recruiters for purposes of military
recruiting to the following information pertaining to students
(who are 17 years of age or older) enrolled at that institution
(or any subelement of that institution):
‘‘(A) Names, addresses, and telephone listings.
‘‘(B) Date and place of birth, levels of education, academic majors, degrees received, and the most recent educational institution enrolled in by the student.
‘‘(c) EXCEPTIONS.—The limitation established in subsection (a)
or (b) shall not apply to an institution of higher education (or
any subelement of that institution) if the Secretary of Defense
determines that—
‘‘(1) the institution (and each subelement of that institution)
has ceased the policy or practice described in that subsection;
or
‘‘(2) the institution of higher education involved has a longstanding policy of pacifism based on historical religious affiliation.
‘‘(d) COVERED FUNDS.—(1) The limitation established in subsection (a) applies to the following:
‘‘(A) Any funds made available for the Department of
Defense.
‘‘(B) Any funds made available in a Departments of Labor,
Health and Human Services, and Education, and Related Agencies Appropriations Act.
‘‘(2) The limitation established in subsection (b) applies to the
following:
‘‘(A) Funds described in paragraph (1).
‘‘(B) Any funds made available for the Department of
Transportation.
‘‘(e) NOTICE OF DETERMINATIONS.—Whenever the Secretary of
Defense makes a determination under subsection (a), (b), or (c),
the Secretary—
‘‘(1) shall transmit a notice of the determination to the
Secretary of Education and to Congress; and
‘‘(2) shall publish in the Federal Register a notice of the
determination and the effect of the determination on the eligibility of the institution of higher education (and any subelement
of that institution) for contracts and grants.
‘‘(f) SEMIANNUAL NOTICE IN FEDERAL REGISTER.—The Secretary
of Defense shall publish in the Federal Register once every six

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113 STAT. 611

months a list of each institution of higher education that is currently
ineligible for contracts and grants by reason of a determination
of the Secretary under subsection (a) or (b).’’.
(2) The item relating to section 983 in the table of sections
at the beginning of such chapter is amended to read as follows:
‘‘983. Institutions of higher education that prevent ROTC access or military recruiting on campus: denial of grants and contracts from Department of Defense,
Department of Education, and certain other departments and agencies.’’.

(b) REPEAL OF CODIFIED PROVISIONS.—The following provisions
of law are repealed:
(1) Section 558 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 503 note).
(2) Section 514 of the Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act, 1997 (as contained in section 101(e) of division
A of Public Law 104–208; 110 Stat. 3009–270; 10 U.S.C. 503
note).
SEC. 550. ACCRUAL FUNDING FOR COAST GUARD MONTGOMERY GI
BILL LIABILITIES.

Section 2006 of title 10, United States Code, is amended as
follows:
(1) Subsection (a) is amended by striking ‘‘Department
of Defense education liabilities’’ and inserting ‘‘armed forces
education liabilities’’.
(2) Paragraph (1) of subsection (b) is amended to read
as follows:
‘‘(1) The term ‘armed forces education liabilities’ means
liabilities of the armed forces for benefits under chapter 30
of title 38 and for Department of Defense benefits under chapter
1606 of this title.’’.
(3) Subsection (b)(2)(C) is amended—
(A) by inserting ‘‘Department of Defense’’ after ‘‘future’’;
and
(B) by striking ‘‘chapter 106’’ and inserting ‘‘chapter
1606’’.
(4) Subsection (c)(1) is amended by inserting ‘‘and the Secretary of the Department in which the Coast Guard is operating’’ after ‘‘Defense’’.
(5) Subsection (d) is amended—
(A) by striking ‘‘Department of Defense’’ and inserting
‘‘armed forces’’; and
(B) by inserting ‘‘the Secretary of the Department in
which the Coast Guard is operating,’’ after ‘‘Secretary of
Defense,’’.
(6) Subsection (f)(5) is amended by inserting ‘‘and the
Department in which the Coast Guard is operating’’ after
‘‘Department of Defense’’.
(7) Subsection (g) is amended—
(A) by inserting ‘‘and the Secretary of the Department
in which the Coast Guard is operating’’ in paragraphs
(1) and (2) after ‘‘The Secretary of Defense’’; and
(B) by striking ‘‘of a military department’’ in paragraph
(3) and inserting ‘‘concerned’’.

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PUBLIC LAW 106–65—OCT. 5, 1999

Subtitle F—Reserve Component
Management
SEC. 551. FINANCIAL ASSISTANCE PROGRAM FOR PURSUIT OF
DEGREES BY OFFICER CANDIDATES IN MARINE CORPS
PLATOON LEADERS CLASS PROGRAM.

(a) IN GENERAL.—(1) Part IV of subtitle E of title 10, United
States Code, is amended by adding at the end the following new
chapter:
‘‘CHAPTER 1611—OTHER EDUCATIONAL ASSISTANCE
PROGRAMS
‘‘Sec.
‘‘16401. Marine Corps Platoon Leaders Class program: officer candidates pursuing
degrees.

‘‘§ 16401. Marine Corps Platoon Leaders Class program:
officer candidates pursuing degrees
‘‘(a) AUTHORITY FOR FINANCIAL ASSISTANCE PROGRAM.—The
Secretary of the Navy may provide financial assistance to an eligible
enlisted member of the Marine Corps Reserve for expenses of the
member while the member is pursuing on a full-time basis at
an institution of higher education a program of education approved
by the Secretary that leads to—
‘‘(1) a baccalaureate degree in less than five academic years;
or
‘‘(2) a doctor of jurisprudence or bachelor of laws degree
in not more than three academic years.
‘‘(b) ELIGIBILITY.—(1) To be eligible for financial assistance
under this section, an enlisted member of the Marine Corps Reserve
must—
‘‘(A) be an officer candidate in the Marine Corps Platoon
Leaders Class program and have successfully completed one
six-week (or longer) increment of military training required
under that program;
‘‘(B) meet the applicable age requirement specified in paragraph (2);
‘‘(C) be enrolled on a full-time basis in a program of education referred to in subsection (a) at any institution of higher
education; and
‘‘(D) enter into a written agreement with the Secretary
described in paragraph (3).
‘‘(2)(A) In the case of a member pursuing a baccalaureate
degree, the member meets the age requirements of this paragraph
if the member will be under 27 years of age on June 30 of the
calendar year in which the member is projected to be eligible
for appointment as a commissioned officer in the Marine Corps
through the Marine Corps Platoon Leaders Class program, except
that if the member has served on active duty, the member may,
on such date, be any age under 30 years that exceeds 27 years
by a number of months that is not more than the number of
months that the member served on active duty.
‘‘(B) In the case of a member pursuing a doctor of jurisprudence
or bachelor of laws degree, the member meets the age requirements
of this paragraph if the member will be under 31 years of age

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113 STAT. 613

on June 30 of the calendar year in which the member is projected
to be eligible for appointment as a commissioned officer in the
Marine Corps through the Marine Corps Platoon Leaders Class
program, except that if the member has served on active duty,
the member may, on such date, be any age under 35 years that
exceeds 31 years by a number of months that is not more than
the number of months that the member served on active duty.
‘‘(3) A written agreement referred to in paragraph (1)(D) is
an agreement between the member and the Secretary in which
the member agrees—
‘‘(A) to accept an appointment as a commissioned officer
in the Marine Corps, if tendered by the President;
‘‘(B) to serve on active duty for at least five years; and
‘‘(C) under such terms and conditions as shall be prescribed
by the Secretary, to serve in the Marine Corps Reserve until
the eighth anniversary of the date of the appointment.
‘‘(c) COVERED EXPENSES.—Expenses for which financial assistance may be provided under this section are—
‘‘(1) tuition and fees charged by the institution of higher
education involved;
‘‘(2) the cost of books; and
‘‘(3) in the case of a program of education leading to a
baccalaureate degree, laboratory expenses.
‘‘(d) AMOUNT.—The amount of financial assistance provided
to a member under this section shall be prescribed by the Secretary,
but may not exceed $5,200 for any academic year.
‘‘(e) LIMITATIONS.—(1) Financial assistance may be provided
to a member under this section only for three consecutive academic
years.
‘‘(2) Not more than 1,200 members may participate in the
financial assistance program under this section in any academic
year.
‘‘(f) FAILURE TO COMPLETE PROGRAM.—(1) A member who
receives financial assistance under this section may be ordered
to active duty in the Marine Corps by the Secretary to serve
in an appropriate enlisted grade for such period as the Secretary
prescribes, but not for more than four years, if the member—
‘‘(A) completes the military and academic requirements
of the Marine Corps Platoon Leaders Class program and refuses
to accept an appointment as a commissioned officer in the
Marine Corps when offered;
‘‘(B) fails to complete the military or academic requirements
of the Marine Corps Platoon Leaders Class program; or
‘‘(C) is disenrolled from the Marine Corps Platoon Leaders
Class program for failure to maintain eligibility for an original
appointment as a commissioned officer under section 532 of
this title.
‘‘(2) The Secretary of the Navy may waive the obligated service
under paragraph (1) of a person who is not physically qualified
for appointment under section 532 of this title and later is determined by the Secretary of the Navy under section 505 of this
title to be unqualified for service as an enlisted member of the
Marine Corps due to a physical or medical condition that was
not the result of misconduct or grossly negligent conduct.
‘‘(g) INSTITUTION OF HIGHER EDUCATION DEFINED.—In this section, the term ‘institution of higher education’ has the meaning

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PUBLIC LAW 106–65—OCT. 5, 1999

given that term in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001).’’.
(2) The tables of chapters at the beginning of subtitle E of
such title and at the beginning of part IV of such subtitle are
amended by adding after the item relating to chapter 1609 the
following new item:
‘‘1611. Other Educational Assistance Programs ..........................................16401’’.

10 USC 16401
note.

Deadline.

(b) CONFORMING AMENDMENT.—Section 3695(a)(5) of title 38,
United States Code, is amended by striking ‘‘Chapters 106 and
107’’ and inserting ‘‘Chapters 107, 1606, and 1610’’.
(c) COMPUTATION OF CREDITABLE SERVICE.—Section 205 of title
37, United States Code, is amended by adding at the end the
following new subsection:
‘‘(f) Notwithstanding subsection (a), the periods of service of
a commissioned officer appointed under section 12209 of title 10
after receiving financial assistance under section 16401 of such
title that are counted under this section may not include a period
of service after January 1, 2000, that the officer performed concurrently as a member of the Marine Corps Platoon Leaders Class
program and the Marine Corps Reserve, except that service after
that date that the officer performed before commissioning (concurrently with the period of service as a member of the Marine Corps
Platoon Leaders Class program) as an enlisted member on active
duty or as a member of the Selected Reserve may be so counted.’’.
(d) TRANSITION PROVISION.—(1) An enlisted member of the
Marine Corps Reserve selected for training as an officer candidate
under section 12209 of title 10, United States Code, before
implementation of a financial assistance program under section
16401 of such title (as added by subsection (a)) may, upon application, participate in the financial assistance program established
under section 16401 of such title (as added by subsection (a))
if the member—
(A) is eligible for financial assistance under such section
16401;
(B) submits a request for the financial assistance to the
Secretary of the Navy not later than 180 days after the date
on which the Secretary establishes the financial assistance
program; and
(C) enters into a written agreement described in subsection
(b)(3) of such section.
(2) Section 205(f) of title 37, United States Code, as added
by subsection (c), applies to a member referred to in paragraph
(1).
SEC. 552. OPTIONS TO
RESERVE.

IMPROVE

RECRUITING

FOR

THE

ARMY

(a) REVIEW.—The Secretary of the Army shall conduct a review
of the manner, process, and organization used by the Army to
recruit new members for the Army Reserve. The review shall seek
to determine the reasons for the continuing inability of the Army
to meet recruiting objectives for the Army Reserve and to identify
measures the Secretary could take to correct that inability.
(b) REORGANIZATION TO BE CONSIDERED.—Among the possible
corrective measures to be examined by the Secretary of the Army
as part of the review shall be a transfer of the recruiting function
for the Army Reserve from the Army Recruiting Command to a

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new, fully resourced recruiting organization under the command
and control of the Chief, Army Reserve.
(c) REPORT.—Not later than July 1, 2000, the Secretary shall
submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives
a report setting forth the results of the review under this section.
The report shall include a description of any corrective measures
the Secretary intends to implement.

Deadline.

SEC. 553. JOINT DUTY ASSIGNMENTS FOR RESERVE COMPONENT
GENERAL AND FLAG OFFICERS.

Subsection (b) of section 526 of title 10, United States Code,
is amended—
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new paragraph (2):
‘‘(2)(A) The Chairman of the Joint Chiefs of Staff may designate
up to 10 general and flag officer positions on the staffs of the
commanders of the unified and specified combatant commands as
positions to be held only by reserve component officers who are
in a general or flag officer grade below lieutenant general or vice
admiral. Each position so designated shall be considered to be
a joint duty assignment position for purposes of chapter 38 of
this title.
‘‘(B) A reserve component officer serving in a position designated under subparagraph (A) while on active duty under a
call or order to active duty that does not specify a period of 180
days or less shall not be counted for the purposes of the limitations
under subsection (a) and under section 525 of this title if the
officer was selected for service in that position in accordance with
the procedures specified in subparagraph (C).
‘‘(C) Whenever a vacancy occurs, or is anticipated to occur,
in a position designated under subparagraph (A)—
‘‘(i) the Secretary of Defense shall require the Secretary
of the Army to submit the name of at least one Army reserve
component officer, the Secretary of the Navy to submit the
name of at least one Naval Reserve officer and the name
of at least one Marine Corps Reserve officer, and the Secretary
of the Air Force to submit the name of at least one Air Force
reserve component officer for consideration by the Secretary
for assignment to that position; and
‘‘(ii) the Chairman of the Joint Chiefs of Staff may submit
to the Secretary of Defense the name of one or more officers
(in addition to the officers whose names are submitted pursuant
to clause (i)) for consideration by the Secretary for assignment
to that position.
‘‘(D) Whenever the Secretaries of the military departments
are required to submit the names of officers under subparagraph
(C)(i), the Chairman of the Joint Chiefs of Staff shall submit to
the Secretary of Defense the Chairman’s evaluation of the performance of each officer whose name is submitted under that subparagraph (and of any officer whose name the Chairman submits to
the Secretary under subparagraph (C)(ii) for consideration for the
same vacancy).
‘‘(E) Subparagraph (B) does not apply in the case of an officer
serving in a position designated under subparagraph (A) if the
Secretary of Defense, when considering officers for assignment to

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PUBLIC LAW 106–65—OCT. 5, 1999

fill the vacancy in that position which was filled by that officer,
did not have a recommendation for that assignment from each
Secretary of a military department who (pursuant to subparagraph
(C)) was required to make such a recommendation.’’.
SEC. 554. GRADE OF CHIEFS OF RESERVE COMPONENTS AND ADDITIONAL GENERAL OFFICERS AT THE NATIONAL GUARD
BUREAU.

(a) PROCEDURES FOR APPOINTING RESERVE CHIEFS IN HIGHER
GRADE.—(1) Chapter 1213 of title 10, United States Code, is
amended by adding at the end the following new section:

Termination
date.

‘‘§ 12505. Selection of officers for certain senior reserve
component positions
‘‘(a) COVERED POSITIONS.—(1) This section applies to the positions specified in sections 3038, 5143, 5144, and 8038 and the
positions of Director, Army National Guard, and Director, Air
National Guard, specified in subparagraphs (A) and (B) of section
10506(a)(1) of this title.
‘‘(2) An officer may be assigned to one of the positions specified
in paragraph (1) for service in the grade of lieutenant general
or vice admiral if appointed to that grade for service in that position
by the President, by and with the advice and consent of the Senate.
An officer may be recommended to the President for such an
appointment if selected for appointment to that position in accordance with this section.
‘‘(b) ELIGIBILITY FOR HIGHER GRADE.—An officer shall be considered to have been selected for appointment to a position specified
in subsection (a) in accordance with this section if—
‘‘(1) the officer is recommended for that appointment by
the Secretary of the military department concerned;
‘‘(2) the officer is determined by the Chairman of the Joint
Chiefs of Staff, in accordance with criteria and as a result
of a process established by the Chairman, to have significant
joint duty experience; and
‘‘(3) the officer is recommended by the Secretary of Defense
to the President for appointment in accordance with this section.
‘‘(c) COUNTING FOR PURPOSES OF GRADE LIMITATIONS.—An
officer on active duty for service in a position specified in subsection
(a) who is serving in that position (by reason of selection in accordance with this section) in the grade of lieutenant general or vice
admiral shall be counted for purposes of the grade limitations
under sections 525 and 526 of this title. This subsection does
not affect the counting for those purposes of officers serving in
those positions under any other provision of law.
‘‘(d) TRANSITION WAIVER AUTHORITY.—Until October 1, 2002,
the Secretary of Defense may waive paragraph (2) of subsection
(b) with respect to the appointment of an officer to a position
specified in subsection (a) if in the judgment of the Secretary—
‘‘(1) the officer is qualified for service in the position; and
‘‘(2) the waiver is necessary for the good of the service.
Any such waiver shall be made on a case-by-case basis.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘12505. Selection of officers for certain senior reserve component positions.’’.

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(b) CHIEF OF ARMY RESERVE.—Section 3038(c) of title 10, United
States Code, is amended by adding at the end the following new
sentence: ‘‘However, if selected in accordance with section 12505
of this title, he may be appointed in the grade of lieutenant general.’’.
(c) CHIEF OF NAVAL RESERVE.—Section 5143(c)(2) of such title
is amended—
(1) by striking ‘‘above rear admiral (lower half)’’ and
inserting ‘‘rear admiral’’; and
(2) by adding at the end the following new sentence: ‘‘However, if selected in accordance with section 12505 of this title,
he may be appointed in the grade of vice admiral.’’.
(d) COMMANDER, MARINE FORCES RESERVE.—Section 5144(c)(2)
of such title is amended—
(1) by striking ‘‘above brigadier general’’ and inserting
‘‘major general’’; and
(2) by adding at the end the following new sentence: ‘‘However, if selected in accordance with section 12505 of this title,
he may be appointed in the grade of lieutenant general.’’.
(e) CHIEF OF AIR FORCE RESERVE.—Section 8038(c) of such
title is amended by adding at the end the following new sentence:
‘‘However, if selected in accordance with section 12505 of this title,
he may be appointed in the grade of lieutenant general.’’.
(f) GENERAL OFFICERS FOR THE NATIONAL GUARD BUREAU.—
Subparagraphs (A) and (B) of section 10506(a)(1) of such title are
each amended by inserting ‘‘or, if appointed to that position in
accordance with section 12505(a)(2) of this title, the grade of lieutenant general,’’ after ‘‘major general’’.
(g) EFFECTIVE DATE.—The amendments made by this section
shall take effect 60 days after the date of the enactment of this
Act.
(h) APPLICABILITY TO INCUMBENTS.—(1) If an officer who is
a covered position incumbent is appointed under the amendments
made by this section to the grade of lieutenant general or vice
admiral, the term of service of that officer in that covered position
shall not be extended by reason of such appointment.
(2) For purposes of this subsection:
(A) The term ‘‘covered position incumbent’’ means a reserve
component officer who on the effective date specified in subsection (g) is serving in a covered position.
(B) The term ‘‘covered position’’ means a position specified
in section 12505 of title 10, United States Code, as added
by subsection (a).

10 USC 12505
note.

SEC. 555. DUTIES OF RESERVES ON ACTIVE DUTY IN SUPPORT OF
THE RESERVES.

(a) DUTIES.—Section 12310 of title 10, United States Code,
is amended—
(1) by redesignating subsection (b) as subsection (d) and
transferring that subsection, as so redesignated, to the end
of the section; and
(2) by inserting after subsection (a) the following new subsection (b):
‘‘(b) DUTIES.—A Reserve on active duty as described in subsection (a) may be assigned only duties in connection with the
functions described in that subsection, which may include the following:

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Deadline.

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PUBLIC LAW 106–65—OCT. 5, 1999

‘‘(1) Supporting operations or missions assigned in whole
or in part to reserve components.
‘‘(2) Supporting operations or missions performed or to
be performed by—
‘‘(A) a unit composed of elements from more than one
component of the same armed force; or
‘‘(B) a joint forces unit that includes—
‘‘(i) one or more reserve component units; or
‘‘(ii) a member of a reserve component whose
reserve component assignment is in a position in an
element of the joint forces unit.
‘‘(3) Advising the Secretary of Defense, the Secretaries of
the military departments, the Joint Chiefs of Staff, and the
commanders of the unified combatant command regarding
reserve component matters.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—Such section
is further amended—
(1) in subsection (a), by inserting ‘‘GRADE WHEN ORDERED
TO ACTIVE DUTY.—’’ after ‘‘(a)’’;
(2) in subsection (c)(1), by striking ‘‘(c)(1) A Reserve’’ and
inserting ‘‘(c) DUTIES RELATING TO DEFENSE AGAINST WEAPONS
OF MASS DESTRUCTION.—(1) Notwithstanding subsection (b),
a Reserve’’; and
(3) in subsection (d), as redesignated and transferred by
subsection (a)(1), by inserting ‘‘TRAINING.—’’ before ‘‘A Reserve’’.
(c) REPORT ON THE USE OF RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.—(1) The Secretary of Defense shall
review how the Reserves on active duty in support of the reserves
are or will be used in relation to the duties set forth under subsection (b) of section 12310 of title 10, United States Code, as
added by subsection (a)(2).
(2) Not later than March 1, 2000, the Secretary shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report on the results of the review under
paragraph (1). The report shall include the following:
(A) An itemization and description, shown by operation
or mission referred to in subsection (b) of section 12310 of
title 10, United States Code, as added by subsection (a)(2),
of the numbers of Reserves on active duty involved in each
of those operations and missions.
(B) An assessment and recommendation as to whether
the Reserves on active duty in support of the reserves should
be managed as a separate personnel category in which they
compete only among themselves for promotion, retention, school
selection, command, and other centrally selected personnel
actions.
(C) An assessment and recommendation as to whether
those Reserves should be considered as being part of their
respective active component for purposes of management of
end strengths and whether funds for those Reserves should
be provided from appropriations for active component military
personnel (rather than reserve component personnel).
(D) An assessment and recommendations for changes in
the existing officer and enlisted personnel systems required
as a result of the amendments to section 12310 of title 10,
United States Code, made by subsection (a), with such assessment to take a comprehensive life-cycle approach to the careers

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113 STAT. 619

of those Reserves and how those careers should be managed,
with special attention to issues related to accession, promotion,
professional development, retention, separation and retirement.
SEC. 556. REPEAL OF LIMITATION ON NUMBER OF RESERVES ON
FULL-TIME ACTIVE DUTY IN SUPPORT OF PREPAREDNESS
FOR RESPONSES TO EMERGENCIES INVOLVING WEAPONS
OF MASS DESTRUCTION.

(a) REPEAL.—Paragraph (4) of section 12310(c) of title 10,
United States Code, is amended by striking the first sentence.
(b) CONFORMING AMENDMENTS.—Paragraph (6) of such section
is amended—
(1) by striking ‘‘or to increase the number of personnel
authorized by paragraph (4)’’ in the matter preceding subparagraph (A); and
(2) in subparagraph (A), by striking ‘‘or for the requested
additional personnel’’ and all that follows through ‘‘Federal
levels’’.
SEC. 557. ESTABLISHMENT
RESERVE.

OFFICE

THE

COAST

GUARD

(a) ESTABLISHMENT.—Chapter 3 of title 14, United States Code,
is amended by adding at the end the following new section:
‘‘§ 53. Office of the Coast Guard Reserve; Director
‘‘(a) ESTABLISHMENT OF OFFICE; DIRECTOR.—There is in the
executive part of the Coast Guard an Office of the Coast Guard
Reserve. The head of the Office is the Director of the Coast Guard
Reserve. The Director of the Coast Guard Reserve is the principal
adviser to the Commandant on Coast Guard Reserve matters and
may have such additional functions as the Commandant may direct.
‘‘(b) APPOINTMENT.—The President, by and with the advice
and consent of the Senate, shall appoint the Director of the Coast
Guard Reserve, from officers of the Coast Guard who—
‘‘(1) have had at least 10 years of commissioned service;
‘‘(2) are in a grade above captain; and
‘‘(3) have been recommended by the Secretary of Transportation.
‘‘(c) TERM.—(1) The Director of the Coast Guard Reserve holds
office for a term determined by the President, normally two years,
but not more than four years. An officer may be removed from
the position of Director for cause at any time.
‘‘(2) The Director of the Coast Guard Reserve, while so serving,
holds a grade above Captain, without vacating the officer’s permanent grade.
‘‘(d) BUDGET.—The Director of the Coast Guard Reserve is
the official within the executive part of the Coast Guard who,
subject to the authority, direction, and control of the Secretary
of Transportation and the Commandant, is responsible for preparation, justification, and execution of the personnel, operation and
maintenance, and construction budgets for the Coast Guard
Reserve. As such, the Director of the Coast Guard Reserve is
the director and functional manager of appropriations made for
the Coast Guard Reserve in those areas.
‘‘(e) ANNUAL REPORT.—The Director of the Coast Guard Reserve
shall submit to the Secretary of Transportation and the Secretary
of Defense an annual report on the state of the Coast Guard
Reserve and the ability of the Coast Guard Reserve to meet its

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Congress.

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113 STAT. 620

PUBLIC LAW 106–65—OCT. 5, 1999

missions. The report shall be prepared in conjunction with the
Commandant and may be submitted in classified and unclassified
versions.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating
to section 52 the following new item:
‘‘53. Office of the Coast Guard Reserve; Director.’’.
SEC. 558. REPORT ON USE OF NATIONAL GUARD FACILITIES AND
INFRASTRUCTURE FOR SUPPORT OF PROVISION OF SERVICES TO VETERANS.

(a) REPORT.—The Chief of the National Guard Bureau shall
submit to the Secretary of Defense a report, to be prepared in
consultation with the Secretary of Veterans Affairs, assessing the
feasibility and desirability of using the facilities and electronic
infrastructure of the National Guard for support of the provision
of services to veterans by the Secretary of Veterans Affairs. The
report shall include an assessment of any costs and benefits associated with the use of those facilities and that infrastructure for
that purpose.
(b) TRANSMITTAL TO CONGRESS.—The Secretary of Defense
shall, not later than April 1, 2000, transmit to Congress the report
submitted to the Secretary under subsection (a), together with
any comments on the report consistent with the requirements of
section 18235 of title 10, United States Code, that the Secretary
considers appropriate.

Subtitle G—Decorations, Awards, and
Commendations
SEC. 561. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN
DECORATIONS TO CERTAIN PERSONS.

Applicability.

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(a) WAIVER.—Any limitation established by law or policy for
the time within which a recommendation for the award of a military
decoration or award must be submitted shall not apply to awards
of decorations described in this section, the award of each such
decoration having been determined by the Secretary concerned to
be warranted in accordance with section 1130 of title 10, United
States Code.
(b) DISTINGUISHED FLYING CROSS.—Subsection (a) applies to
the award of the Distinguished Flying Cross for service during
World War II or Korea (including multiple awards to the same
individual) in the case of each individual concerning whom the
Secretary of the Navy (or an officer of the Navy acting on behalf
of the Secretary) submitted to the Committee on Armed Services
of the House of Representatives and the Committee on Armed
Services of the Senate, during the period beginning on October
17, 1998, and ending on the day before the date of the enactment
of this Act, a notice as provided in section 1130(b) of title 10,
United States Code, that the award of the Distinguished Flying
Cross to that individual is warranted and that a waiver of time
restrictions prescribed by law for recommendation for such award
is recommended.
(c) COAST GUARD COMMENDATION MEDAL.—Subsection (a)
applies to the award of the Coast Guard Commendation Medal
to Mark H. Freeman, of Seattle, Washington for heroic achievement

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113 STAT. 621

performed in a manner above that normally to be expected during
rescue operations for the S.S. Seagate, in September 1956, while
serving as a member of the Coast Guard at Gray Harbor Lifeboat
Station, Westport, Washington.
SEC. 562. AUTHORITY FOR AWARD OF MEDAL OF HONOR TO ALFRED
RASCON FOR VALOR DURING THE VIETNAM CONFLICT.

(a) WAIVER OF TIME LIMITATIONS.—Notwithstanding the time
limitations specified in section 3744 of title 10, United States Code,
or any other time limitation with respect to the awarding of certain
medals to persons who served in the Army, the President may
award the Medal of Honor under section 3741 of that title to
Alfred Rascon, of Laurel, Maryland, for the acts of valor described
in subsection (b).
(b) ACTION DESCRIBED.—The acts of valor referred to in subsection (a) are the actions of Alfred Rascon on March 16, 1966,
as an Army medic, serving in the grade of Specialist Four in
the Republic of Vietnam with the Reconnaissance Platoon, Headquarters Company, 1st Battalion, 503rd Infantry, 173rd Airborne
Brigade (Separate), during a combat operation known as Silver
City.
SEC. 563. ELIMINATION OF CURRENT BACKLOG OF REQUESTS FOR
REPLACEMENT OF MILITARY DECORATIONS.

(a) ELIMINATION OF CURRENT BACKLOG.—The Secretary of
Defense shall eliminate the backlog (as of the date of the enactment
of this Act) of requests made to the Department of Defense for
the issuance or replacement of military decorations for members
or former members of the Armed Forces.
(b) CONDITION.—The Secretary shall allocate funds and other
resources in order to carry out subsection (a) in a manner that
does not detract from the performance of other personnel service
and personnel support activities within the Department of Defense.
(c) REPORT.—Not later than 45 days after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the status of the elimination of the backlog described
in subsection (a). The report shall include a plan for preventing
accumulation of backlogs in the future.
(d) DECORATION DEFINED.—For the purposes of this section,
the term ‘‘decoration’’ means a medal or other decoration that
a member or former member of the Armed Forces was awarded
by the United States with respect to service in the Armed Forces.

Deadline.

SEC. 564. RETROACTIVE AWARD OF NAVY COMBAT ACTION RIBBON.

The Secretary of the Navy may award the Navy Combat Action
Ribbon (established by Secretary of the Navy Notice 1650, dated
February 17, 1969) to a member of the Navy or Marine Corps
for participation in ground or surface combat during any period
on or after December 7, 1941, and before March 1, 1961 (the
date of the otherwise applicable limitation on retroactivity for the
award of such decoration), if the Secretary determines that the
member has not been previously recognized in an appropriate
manner for such participation.
SEC. 565. SENSE OF CONGRESS CONCERNING PRESIDENTIAL UNIT
CITATION FOR CREW OF THE U.S.S. INDIANAPOLIS.

(a) FINDINGS.—Congress reaffirms the findings made in section
1052(a) of the National Defense Authorization Act for Fiscal Year

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113 STAT. 622

Raymond
Spruance.
William F.
Halsey.

PUBLIC LAW 106–65—OCT. 5, 1999

1995 (Public Law 103–337; 108 Stat. 2844) that the heavy cruiser
U.S.S. INDIANAPOLIS (CA–35)—
(1) served the people of the United States with valor and
distinction throughout World War II in action against enemy
forces in the Pacific Theater of Operations from December
7, 1941 to July 29, 1945;
(2) with her courageous and capable crew, compiled an
impressive combat record during the war in the Pacific,
receiving in the process 10 battle stars in actions from the
Aleutians to Okinawa;
(3) rendered invaluable service in anti-shipping, shore
bombardment, anti-air, and invasion support roles and serving
as flagship for the Fifth Fleet under Admiral Raymond
Spruance and flagship for the Third Fleet under Admiral William F. Halsey; and
(4) transported the world’s first operational atomic bomb
from the United States to the Island of Tinian, accomplishing
that mission at a record average speed of 29 knots.
(b) FURTHER FINDINGS.—Congress further finds that—
(1) from participation in the earliest offensive actions in
the Pacific during World War II to her pivotal role in delivering
the weapon that brought the war to an end, the U.S.S.
INDIANAPOLIS and her crew left an indelible imprint on
the Nation’s struggle to eventual victory in the war in the
Pacific; and
(2) the selfless, courageous, and outstanding performance
of duty by that ship and her crew throughout the war in
the Pacific reflects great credit upon the ship and her crew,
thus upholding the very highest traditions of the United States
Navy.
(c) SENSE OF CONGRESS.—(1) It is the sense of Congress that
the President should award a Presidential Unit Citation to the
crew of the U.S.S. INDIANAPOLIS (CA–35) in recognition of the
courage and skill displayed by the members of the crew of that
vessel throughout World War II.
(2) A citation described in paragraph (1) may be awarded without regard to any provision of law or regulation prescribing a
time limitation that is otherwise applicable with respect to recommendation for, or the award of, such a citation.
Subtitle H—Matters Related to Recruiting
SEC. 571. ACCESS TO SECONDARY SCHOOL STUDENTS FOR MILITARY
RECRUITING PURPOSES.

Section 503 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(c) Each local educational agency is requested to provide to
the Department of Defense, upon a request made for military
recruiting purposes, the same access to secondary school students,
and to directory information concerning such students, as is provided generally to post-secondary educational institutions or to
prospective employers of those students.’’.

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113 STAT. 623

SEC. 572. INCREASED AUTHORITY TO EXTEND DELAYED ENTRY
PERIOD FOR ENLISTMENTS OF PERSONS WITH NO PRIOR
MILITARY SERVICE.

(a) MAXIMUM PERIOD OF EXTENSION.—Section 513(b)(1) of title
10, United States Code, is amended by striking ‘‘180 days’’ in
the second sentence and inserting ‘‘365 days’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on October 1, 1999, and shall apply with respect
to enlistments entered into, on or after that date.
SEC. 573. ARMY COLLEGE FIRST PILOT PROGRAM.

Applicability.
10 USC 513 note.
10 USC 513 note.

(a) PROGRAM REQUIRED.—The Secretary of the Army shall
establish a pilot program (to be known as the ‘‘Army College First’’
program) to assess whether the Army could increase the number
of, and the level of the qualifications of, persons entering the Army
as enlisted members by encouraging recruits to pursue higher education or vocational or technical training before entry into active
service in the Army.
(b) DELAYED ENTRY WITH ALLOWANCE FOR HIGHER EDUCATION.—Under the pilot program, the Secretary may exercise the
authority under section 513 of title 10, United States Code—
(1) to accept the enlistment of a person as a Reserve
for service in the Selected Reserve or Individual Ready Reserve
of the Army Reserve or, notwithstanding the scope of the
authority under subsection (a) of that section, in the Army
National Guard of the United States;
(2) to authorize, notwithstanding the period limitation in
subsection (b) of that section, a delay of the enlistment of
any such person in a regular component under that subsection
for the period during which the person is enrolled in, and
pursuing a program of education at, an institution of higher
education, or a program of vocational or technical training,
on a full-time basis that is to be completed within two years
after the date of such enlistment as a Reserve under paragraph
(1); and
(3) in the case of a person enlisted in a reserve component
for service in the Individual Ready Reserve, pay an allowance
to the person for each month of that period.
(c) MAXIMUM PERIOD OF DELAY.—The period of delay authorized
a person under paragraph (2) of subsection (b) may not exceed
the two-year period beginning on the date of the person’s enlistment
accepted under paragraph (1) of such subsection.
(d) AMOUNT OF ALLOWANCE.—(1) The monthly allowance paid
under subsection (b)(3) is $150. The allowance may not be paid
for more than 24 months.
(2) An allowance under this section is in addition to any other
pay or allowance to which a member of a reserve component is
entitled by reason of participation in the Ready Reserve of that
component.
(e) COMPARISON GROUP.—To perform the assessment under
subsection (a), the Secretary may define and study any group not
including persons receiving a benefit under subsection (b) and compare that group with any group or groups of persons who receive
such benefits under the pilot program.
(f) DURATION OF PILOT PROGRAM.—The pilot program shall
be in effect during the period beginning on October 1, 1999, and
ending on September 30, 2004.

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113 STAT. 624
Deadline.

PUBLIC LAW 106–65—OCT. 5, 1999

(g) REPORT.—Not later than February 1, 2004, the Secretary
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the pilot program.
The report shall include the following:
(1) The assessment of the Secretary regarding the value
of the authority under this section for achieving the objectives
of increasing the number of, and the level of the qualifications
of, persons entering the Army as enlisted members.
(2) Any recommendation for legislation or other action that
the Secretary considers appropriate to achieve those objectives
through grants of entry delays and financial benefits for
advanced education and training of recruits.
SEC. 574. USE OF RECRUITING MATERIALS FOR PUBLIC RELATIONS
PURPOSES.

(a) AUTHORITY.—Subchapter II of chapter 134 of title 10, United
States Code, is amended by adding at the end the following new
section:
‘‘§ 2257. Use of recruiting materials for public relations
‘‘The Secretary of Defense may use for public relations purposes
of the Department of Defense any advertising materials developed
for use for recruitment and retention of personnel for the armed
forces. Any such use shall be under such conditions and subject
to such restrictions as the Secretary of Defense shall prescribe.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by adding at the end the
following new item:
‘‘2257. Use of recruiting materials for public relations.’’.

Subtitle I—Matters Relating to Missing
Persons
SEC. 575. NONDISCLOSURE OF DEBRIEFING INFORMATION ON CERTAIN MISSING PERSONS PREVIOUSLY RETURNED TO
UNITED STATES CONTROL.

Section 1506 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(f) NONDISCLOSURE OF CERTAIN INFORMATION.—A record of
the content of a debriefing of a missing person returned to United
States control during the period beginning on July 8, 1959, and
ending on February 10, 1996, that was conducted by an official
of the United States authorized to conduct the debriefing is privileged information and, notwithstanding sections 552 and 552a of
title 5, may not be disclosed, in whole or in part, under either
such section. However, this subsection does not limit the responsibility of the Secretary concerned under paragraphs (2) and (3)
of subsection (d) to place extracts of non-derogatory information,
or a notice of the existence of such information, in the personnel
file of a missing person.’’.
10 USC 1501
note.

SEC. 576. RECOVERY AND IDENTIFICATION OF REMAINS OF CERTAIN
WORLD WAR II SERVICEMEN LOST IN PACIFIC THEATER
OF OPERATIONS.

(a) RECOVERY OF REMAINS.—(1) The Secretary of Defense shall
make every reasonable effort to search for, recover, and identify

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113 STAT. 625

the remains of United States servicemen lost in the Pacific theater
of operations during World War II (including in New Guinea) while
engaged in flight operations.
(2) In order to provide high priority to carrying out paragraph
(1), the Secretary of Defense shall consider increasing the number
of personnel assigned to the Central Identification Laboratory,
Hawaii.
(3) Not later than September 30, 2000, the Secretary shall
submit to Congress a report setting forth the efforts made to accomplish the objectives specified in paragraph (1). The Secretary shall
include in the report a statement of the backlog of cases at the
Central Identification Laboratory, Hawaii, shown by conflict, and
the status of the joint manning plan required by section 566(c)
of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105–261; 112 Stat. 2029)
(b) DIPLOMATIC INTERVENTION IF REQUIRED.—The Secretary
of State, upon request by the Secretary of Defense, shall work
with officials of governments of nations in the area that was covered
by the Pacific theater of operations of World War II to seek to
overcome any diplomatic obstacles that may impede the Secretary
of Defense from carrying out the objectives specified in subsection
(a)(1).

Deadline.
Reports.

Subtitle J—Other Matters
SEC. 577. AUTHORITY FOR SPECIAL COURTS-MARTIAL TO IMPOSE
SENTENCES TO CONFINEMENT AND FORFEITURES OF PAY
OF UP TO ONE YEAR.

(a) MAXIMUM PUNISHMENTS THAT MAY BE ADJUDGED BY A
SPECIAL COURT-MARTIAL.—Section 819 of title 10, United States
Code (article 19 of the Uniform Code of Military Justice), is
amended—
(1) in the second sentence, by striking ‘‘six months’’ both
places it appears and inserting ‘‘one year’’; and
(2) in the third sentence, by inserting after ‘‘A bad conduct
discharge’’ the following: ‘‘, confinement for more than six
months, or forfeiture of pay for more than six months’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on the first day of the sixth month beginning
after the date of the enactment of this Act and shall apply with
respect to charges referred on or after that effective date to trial
by special courts-martial.

Applicability.
10 USC 819 note.

SEC. 578. FUNERAL HONORS DETAILS FOR FUNERALS OF VETERANS.

(a) RESPONSIBILITY OF SECRETARY OF DEFENSE.—(1) Subsection
(a) of section 1491 of title 10, United States Code, is amended
to read as follows:
‘‘(a) AVAILABILITY OF FUNERAL HONORS DETAIL ENSURED.—
The Secretary of Defense shall ensure that, upon request, a funeral
honors detail is provided for the funeral of any veteran.’’.
(2) Section 1491(a) of title 10, United States Code, as amended
by paragraph (1), shall apply with respect to funerals that occur
after December 31, 1999.
(b) COMPOSITION OF FUNERAL HONORS DETAILS.—(1) Subsection
(b) of such section is amended—

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Effective date.
10 USC 1491
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113 STAT. 626

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(A) by striking ‘‘HONOR GUARD DETAILS.—’’ and inserting
‘‘FUNERAL HONORS DETAILS.—(1)’’;
(B) by striking ‘‘an honor guard detail’’ and inserting ‘‘a
funeral honors detail’’; and
(C) by striking ‘‘not less than three persons’’ and all that
follows and inserting ‘‘two or more persons.’’.
(2) Subsection (c) of such section is amended—
(A) by striking ‘‘(c) PERSONS FORMING HONOR GUARDS.—
An honor guard detail’’ and inserting ‘‘(2) At least two members
of the funeral honors detail for a veteran’s funeral shall be
members of the armed forces, at least one of whom shall be
a member of the armed force of which the veteran was a
member. The remainder of the detail’’; and
(B) by striking the second sentence and inserting the following: ‘‘Each member of the armed forces in the detail shall
wear the uniform of the member’s armed force while serving
in the detail.’’.
(c) CEREMONY, SUPPORT, AND WAIVER.—Such section is further
amended—
(1) by redesignating subsections (d), (e), and (f) as subsections (f), (g), and (h), respectively; and
(2) by inserting after subsection (b) the following new subsections:
‘‘(c) CEREMONY.—A funeral honors detail shall, at a minimum,
perform at the funeral a ceremony that includes the folding of
a United States flag and presentation of the flag to the veteran’s
family and the playing of Taps. Unless a bugler is a member
of the detail, the funeral honors detail shall play a recorded version
of Taps using audio equipment which the detail shall provide if
adequate audio equipment is not otherwise available for use at
the funeral.
‘‘(d) SUPPORT.—To provide a funeral honors detail under this
section, the Secretary of a military department may provide the
following:
‘‘(1) Transportation, or reimbursement for transportation,
and expenses for a person who participates in the funeral
honors detail and is not a member of the armed forces or
an employee of the United States.
‘‘(2) Materiel, equipment, and training for members of a
veterans organization or other organization referred to in subsection (b)(2).
‘‘(e) WAIVER AUTHORITY.—(1) The Secretary of Defense may
waive any requirement provided in or pursuant to this section
when the Secretary considers it necessary to do so to meet the
requirements of war, national emergency, or a contingency operation
or other military requirements. The authority to make such a
waiver may not be delegated to an official of a military department
other than the Secretary of the military department and may not
be delegated within the Office of the Secretary of Defense to an
official at a level below Under Secretary of Defense.
‘‘(2) Before or promptly after granting a waiver under paragraph
(1), the Secretary shall transmit a notification of the waiver to
the Committees on Armed Services of the Senate and House of
Representatives.’’.
(d) REGULATIONS.—Subsection (f) of such section, as redesignated by subsection (d)(1), is amended to read as follows:

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‘‘(f) REGULATIONS.—The Secretary of Defense shall prescribe
regulations to carry out this section. Those regulations shall include
the following:
‘‘(1) A system for selection of units of the armed forces
and other organizations to provide funeral honors details.
‘‘(2) Procedures for responding and coordinating responses
to requests for funeral honors details.
‘‘(3) Procedures for establishing standards and protocol.
‘‘(4) Procedures for providing training and ensuring quality
of performance.’’.
(e) INCLUSION OF CERTAIN MEMBERS OF THE SELECTED RESERVE
IN PERSONS ELIGIBLE FOR FUNERAL HONORS.—Subsection (h) of
such section, as redesignated by subsection (d)(1), is amended to
read as follows:
‘‘(h) VETERAN DEFINED.—In this section, the term ‘veteran’
means a decedent who—
‘‘(1) served in the active military, naval, or air service
(as defined in section 101(24) of title 38) and who was discharged or released therefrom under conditions other than dishonorable; or
‘‘(2) was a member or former member of the Selected
Reserve described in section 2301(f) of title 38.’’.
(f) AUTHORITY TO ACCEPT VOLUNTARY SERVICES.—Section
1588(a) of such title is amended by adding at the end the following
new paragraph:
‘‘(4) Voluntary services as a member of a funeral honors
detail under section 1491 of this title.’’.
(g) DUTY STATUS OF RESERVES IN FUNERAL HONORS DETAILS.—
(1) Section 114 of title 32, United States Code, is amended—
(A) by striking ‘‘honor guard functions’’ both places it
appears and inserting ‘‘funeral honors functions’’; and
(B) by striking ‘‘drill or training otherwise required’’ and
inserting ‘‘drill or training, but may be performed as funeral
honors duty under section 115 of this title’’.
(2) Chapter 1 of such title is amended by adding at the end
the following new section:
‘‘§ 115. Funeral honors duty performed as a Federal function
‘‘(a) ORDER TO DUTY.—A member of the Army National Guard
of the United States or the Air National Guard of the United
States may be ordered to funeral honors duty, with the consent
of the member, to prepare for or perform funeral honors functions
at the funeral of a veteran under section 1491 of title 10. However,
a member of the Army National Guard of the United States or
the Air National Guard of the United States may not be ordered
to perform funeral honors functions under this section without
the consent of the Governor or other appropriate authority of the
State concerned.
‘‘(b) SERVICE CREDIT.—A member ordered to funeral honors
duty under this section shall be required to perform a minimum
of two hours of such duty in order to receive—
‘‘(1) service credit under section 12732(a)(2)(E) of title 10;
and
‘‘(2) if authorized by the Secretary concerned, the allowance
under section 435 of title 37.
‘‘(c) REIMBURSABLE EXPENSES.—A member who performs
funeral honors duty under this section may be reimbursed for

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travel and transportation expenses incurred in conjunction with
such duty as authorized under chapter 7 of title 37 if such duty
is performed at a location 50 miles or more from the member’s
residence.
‘‘(d) REGULATIONS.—The exercise of authority under subsection
(a) is subject to regulations prescribed by the Secretary of Defense.’’.
(3) Chapter 1213 of title 10, United States Code, is amended
by adding at the end the following new section:
‘‘§ 12503. Ready Reserve: funeral honors duty
‘‘(a) ORDER TO DUTY.—A member of the Ready Reserve may
be ordered to funeral honors duty, with the consent of the member,
in preparation for or to perform funeral honors functions at the
funeral of a veteran as defined in section 1491 of this title.
‘‘(b) SERVICE CREDIT.—A member ordered to funeral honors
duty under this section shall be required to perform a minimum
of two hours of such duty in order to receive—
‘‘(1) service credit under section 12732(a)(2)(E) of this title;
and
‘‘(2) if authorized by the Secretary concerned, the allowance
under section 435 of title 37.
‘‘(c) REIMBURSABLE EXPENSES.—A member who performs
funeral honors duty under this section may be reimbursed for
travel and transportation expenses incurred in conjunction with
such duty as authorized under chapter 7 of title 37 if such duty
is performed at a location 50 miles or more from the member’s
residence.
‘‘(d) REGULATIONS.—The exercise of authority under subsection
(a) is subject to regulations prescribed by the Secretary of Defense.
‘‘(e) MEMBERS OF THE NATIONAL GUARD.—This section does
not apply to members of the Army National Guard of the United
States or the Air National Guard of the United States. The performance of funeral honors duty by those members is provided for
in section 115 of title 32.’’.
(4) Section 12552 of title 10, United States Code, is amended
to read as follows:
‘‘§ 12552. Funeral honors functions at funerals for veterans
‘‘Performance by a Reserve of funeral honors functions at the
funeral of a veteran (as defined in section 1491(h) of this title)
may not be considered to be a period of drill or training, but
may be performed as funeral honors duty under section 12503
of this title’’.
(h) CREDITING FOR RESERVE RETIREMENT PURPOSES.—(1) Section 12732(a)(2) of such title is amended—
(A) by inserting after subparagraph (D) the following new
subparagraph:
‘‘(E) One point for each day on which funeral honors
duty is performed for at least two hours under section
12503 of this title or section 115 of title 32, unless the
duty is performed while in a status for which credit is
provided under another subparagraph of this paragraph.’’;
and
(B) by striking ‘‘, and (D)’’ in the last sentence and inserting
‘‘, (D), and (E)’’.
(2) Section 12733 of such title is amended—
(A) by redesignating paragraph (4) as paragraph (5); and

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113 STAT. 629

(B) by inserting after paragraph (3) the following new
paragraph (4):
‘‘(4) One day for each point credited to the person under
subparagraph (E) of section 12732(a)(2) of this title.’’.
(i) BENEFITS FOR MEMBERS IN FUNERAL HONORS DUTY
STATUS.—(1) Section 1074a(a) of such title is amended—
(A) in each of paragraphs (1) and (2)—
(i) by striking ‘‘or’’ at the end of subparagraph (A);
(ii) by striking the period at the end of subparagraph
(B) and inserting ‘‘; or’’; and
(iii) by adding at the end the following:
‘‘(C) service on funeral honors duty under section 12503
of this title or section 115 of title 32.’’; and
(B) by adding at the end the following new paragraph:
‘‘(4) Each member of the armed forces who incurs or aggravates an injury, illness, or disease in the line of duty while
remaining overnight immediately before serving on funeral
honors duty under section 12503 of this title or section 115
of title 32 at or in the vicinity of the place at which the
member was to so serve, if the place is outside reasonable
commuting distance from the member’s residence.’’.
(2) Section 1076(a)(2) of such title is amended by adding at
the end the following new subparagraph:
‘‘(E) A member who died from an injury, illness, or disease
incurred or aggravated while the member—
‘‘(i) was serving on funeral honors duty under section
12503 of this title or section 115 of title 32;
‘‘(ii) was traveling to or from the place at which the
member was to so serve; or
‘‘(iii) remained overnight at or in the vicinity of that
place immediately before so serving, if the place is outside
reasonable commuting distance from the member’s residence.’’.
(3) Section 1204(2) of such title is amended—
(A) by striking ‘‘or’’ at the end of subparagraph (A);
(B) by inserting ‘‘or’’ after the semicolon at the end of
subparagraph (B); and
(C) by adding at the end the following new subparagraph:
‘‘(C) is a result of an injury, illness, or disease incurred
or aggravated in line of duty—
‘‘(i) while the member was serving on funeral
honors duty under section 12503 of this title or section
115 of title 32;
‘‘(ii) while the member was traveling to or from
the place at which the member was to so serve; or
‘‘(iii) while the member remained overnight at or
in the vicinity of that place immediately before so
serving, if the place is outside reasonable commuting
distance from the member’s residence;’’.
(4) Paragraph (2) of section 1206 of such title is amended
to read as follows:
‘‘(2) the disability is a result of an injury, illness, or disease
incurred or aggravated in line of duty—
‘‘(A) while—
‘‘(i) performing active duty or inactive-duty
training;

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‘‘(ii) traveling directly to or from the place at which
such duty is performed; or
‘‘(iii) remaining overnight immediately before the
commencement of inactive-duty training, or while
remaining overnight between successive periods of
inactive-duty training, at or in the vicinity of the site
of the inactive-duty training, if the site is outside
reasonable commuting distance of the member’s residence; or
‘‘(B) while the member—
‘‘(i) was serving on funeral honors duty under section 12503 of this title or section 115 of title 32;
‘‘(ii) was traveling to or from the place at which
the member was to so serve; or
‘‘(iii) remained overnight at or in the vicinity of
that place immediately before so serving, if the place
is outside reasonable commuting distance from the
member’s residence;’’.
(5) Section 1481(a)(2) of such title is amended—
(A) by striking ‘‘or’’ at the end of subparagraph (D);
(B) by striking the period at the end of subparagraph
(E) and inserting ‘‘; or’’; and
(C) by adding at the end the following new subparagraph:
‘‘(F) either—
‘‘(i) serving on funeral honors duty under section
12503 of this title or section 115 of title 32;
‘‘(ii) traveling directly to or from the place at which
the member is to so serve; or
‘‘(iii) remaining overnight at or in the vicinity of
that place before so serving, if the place is outside
reasonable commuting distance from the member’s
residence.’’.
(j) FUNERAL HONORS DUTY ALLOWANCE.—Chapter 4 of title
37, United States Code, is amended by adding at the end the
following new section:
‘‘§ 435. Funeral honors duty: allowance
‘‘(a) ALLOWANCE AUTHORIZED.—The Secretary concerned may
authorize payment of an allowance to a member of the Ready
Reserve for any day on which the member performs at least two
hours of funeral honors duty pursuant to section 12503 of title
10 or section 115 of title 32.
‘‘(b) AMOUNT.—The daily rate of an allowance under this section
is $50.
‘‘(c) FULL COMPENSATION.—Except for expenses reimbursed
under subsection (c) of section 12503 of title 10 or subsection (c)
of section 115 of title 32, the allowance paid under this section
is the only monetary compensation authorized to be paid a member
for the performance of funeral honors duty pursuant to such section,
regardless of the grade in which the member is serving, and shall
constitute payment in full to the member.’’.
(k) CLERICAL AMENDMENTS.—(1) The heading for section 1491
of title 10, United States Code, is amended to read as follows:

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113 STAT. 631

‘‘§ 1491. Funeral honors functions at funerals for veterans’’.
(2)(A) The item relating to section 1491 in the table of sections
at the beginning of chapter 75 of title 10, United States Code,
is amended to read as follows:
‘‘1491. Funeral honors functions at funerals for veterans.’’.

(B) The table of sections at the beginning of chapter 1213
of such title is amended by adding at the end the following new
item:
‘‘12503. Ready Reserve: funeral honors duty.’’.

(C) The item relating to section 12552 in the table of sections
at the beginning of chapter 1215 of such title is amended to read
as follows:
‘‘12552. Funeral honors functions at funerals for veterans.’’.

(3)(A) The heading for section 114 of title 32, United States
Code, is amended to read as follows:
‘‘§ 114. Funeral honors functions at funerals for veterans’’.
(B) The table of sections at the beginning of chapter 1 of
such title is amended by striking the item relating to section 114
and inserting the following new items:
‘‘114. Funeral honors functions at funerals for veterans.
‘‘115. Funeral honors duty performed as a Federal function.’’.

(4) The table of sections at the beginning of chapter 4 of
title 37, United States Code, is amended by adding at the end
the following new item:
‘‘435. Funeral honors duty: allowance.’’.
SEC. 579. PURPOSE AND FUNDING LIMITATIONS
GUARD CHALLENGE PROGRAM.

FOR

NATIONAL

(a) PROGRAM AUTHORITY AND PURPOSE.—Subsection (a) of section 509 of title 32, United States Code, is amended to read as
follows:
‘‘(a) PROGRAM AUTHORITY AND PURPOSE.—The Secretary of
Defense, acting through the Chief of the National Guard Bureau,
may use the National Guard to conduct a civilian youth opportunities program, to be known as the ‘National Guard Challenge Program’, which shall consist of at least a 22-week residential program
and a 12-month post-residential mentoring period. The National
Guard Challenge Program shall seek to improve life skills and
employment potential of participants by providing military-based
training and supervised work experience, together with the core
program components of assisting participants to receive a high
school diploma or its equivalent, leadership development, promoting
fellowship and community service, developing life coping skills and
job skills, and improving physical fitness and health and hygiene.’’.
(b) ANNUAL FUNDING LIMITATION.—Subsection (b) of such section is amended by striking ‘‘$50,000,000’’ and inserting
‘‘$62,500,000’’.
SEC. 580. DEPARTMENT OF DEFENSE STARBASE PROGRAM.

(a) PROGRAM AUTHORITY.—Chapter 111 of title 10, United
States Code, is amended by inserting after section 2193 the following new section:

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113 STAT. 632

Standards.

Deadline.

10 USC 2193b
note.

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‘‘§ 2193b. Improvement of education in technical fields: program for support of elementary and secondary
education in science, mathematics, and technology
‘‘(a) AUTHORITY FOR PROGRAM.—The Secretary of Defense may
conduct a science, mathematics, and technology education improvement program known as the ‘Department of Defense STARBASE
Program’. The Secretary shall carry out the program in coordination
with the Secretaries of the military departments.
‘‘(b) PURPOSE.—The purpose of the program is to improve knowledge and skills of students in kindergarten through twelfth grade
in mathematics, science, and technology.
‘‘(c) STARBASE ACADEMIES.—(1) The Secretary shall provide
for the establishment of at least 25 academies under the program.
‘‘(2) The Secretary of Defense shall establish guidelines, criteria,
and a process for the establishment of STARBASE programs in
addition to those in operation on the date of the enactment of
this section.
‘‘(3) The Secretary may support the establishment and operation
of any academy in excess of two academies in a State only if
the Secretary has first authorized in writing the establishment
of the academy and the costs of the establishment and operation
of the academy are paid out of funds provided by sources other
than the Department of Defense. Any such costs that are paid
out of appropriated funds shall be considered as paid out of funds
provided by such other sources if such sources fully reimburse
the United States for the costs.
‘‘(d) PERSONS ELIGIBLE TO PARTICIPATE IN PROGRAM.—The Secretary shall prescribe standards and procedures for selection of
persons for participation in the program.
‘‘(e) REGULATIONS.—The Secretary of Defense shall prescribe
regulations governing the conduct of the program.
‘‘(f) AUTHORITY TO ACCEPT FINANCIAL AND OTHER SUPPORT.—
The Secretary of Defense and the Secretaries of the military departments may accept financial and other support for the program
from other departments and agencies of the Federal Government,
State governments, local governments, and not-for-profit and other
organizations in the private sector.
‘‘(g) ANNUAL REPORT.—Not later than 90 days after the end
of each fiscal year, the Secretary of Defense shall submit to Congress
a report on the program under this section. The report shall contain
a discussion of the design and conduct of the program and an
evaluation of the effectiveness of the program.
‘‘(h) STATE DEFINED.—In this section, the term ‘State’ includes
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, and Guam.’’.
(b) EXISTING STARBASE ACADEMIES.—While continuing in
operation, the academies existing on the date of the enactment
of this Act under the Department of Defense STARBASE Program,
as such program is in effect on such date, shall be counted for
the purpose of meeting the requirement under section 2193b(c)(1)
of title 10, United States Code (as added by subsection (a)), relating
to the minimum number of STARBASE academies.
(c) REORGANIZATION OF CHAPTER.—Chapter 111 of title 10,
United States Code, as amended by subsection (a), is further
amended—

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(1) by inserting after section 2193 and before the section
2193b added by subsection (a) the following:
‘‘§ 2193a. Improvement of education in technical fields: general authority for support of elementary and secondary education in science and mathematics’’;
(2) by transferring subsection (b) of section 2193 to section
2193a (as added by paragraph (1)), inserting such subsection
after the heading for section 2193a, and striking out ‘‘(b)’’;
and
(3) by redesignating subsection (c) of section 2193 as subsection (b).
(d) CLERICAL AMENDMENTS.—(1) The heading for section 2192
of such title is amended to read as follows:
‘‘§ 2192. Improvement of education in technical fields: general authority regarding education in science,
mathematics, and engineering’’.
(2) The heading for section 2193 is amended to read as follows:
‘‘§ 2193. Improvement of education in technical fields: grants
for higher education in science and mathematics’’.
(3) The table of sections at the beginning of such chapter
is amended by striking the items relating to sections 2192 and
2193 and inserting the following:
‘‘2192. Improvement of education in technical fields: general authority regarding
education in science, mathematics, and engineering.
‘‘2193. Improvement of education in technical fields: grants for higher education in
science and mathematics.
‘‘2193a. Improvement of education in technical fields: general authority for support
of elementary and secondary education in science and mathematics.
‘‘2193b. Improvement of education in technical fields: program for support of elementary and secondary education in science, mathematics, and technology.’’.
SEC. 581. SURVEY OF MEMBERS LEAVING MILITARY SERVICE ON ATTITUDES TOWARD MILITARY SERVICE.

10 USC 113 note.

(a) EXIT SURVEY.—The Secretary of Defense shall develop and
implement, as part of outprocessing activities, a survey on attitudes
toward military service to be completed by all members of the
Armed Forces who during the period beginning on January 1,
2000, and ending on June 30, 2000, are voluntarily discharged
or separated from the Armed Forces or transfer from a regular
component to a reserve component.
(b) MATTERS TO BE COVERED.—The survey shall, at a minimum,
cover the following subjects:
(1) Reasons for leaving military service.
(2) Command climate.
(3) Attitude toward leadership.
(4) Attitude toward pay and benefits.
(5) Job satisfaction during service as a member of the
Armed Forces.
(6) Plans for activities after separation (such as enrollment
in school, use of Montgomery GI Bill benefits, and work).
(7) Affiliation with a reserve component, together with
the reasons for affiliating or not affiliating, as the case may
be.

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113 STAT. 634

Deadline.

PUBLIC LAW 106–65—OCT. 5, 1999

(8) Such other matters as the Secretary determines appropriate to the survey concerning reasons why military personnel
are leaving military service.
(c) REPORT TO CONGRESS.—Not later than October 1, 2000,
the Secretary shall submit to Congress a report containing the
results of the survey under subsection (a). The Secretary shall
compile the information in the report so as to assist in assessing
reasons why military personnel are leaving military service.
SEC. 582. SERVICE REVIEW AGENCIES COVERED BY PROFESSIONAL
STAFFING REQUIREMENT.

Section 1555(c)(2) of title 10, United States Code, is amended
by inserting ‘‘the Navy Council of Personnel Boards and’’ after
‘‘Department of the Navy,’’.
SEC. 583. PARTICIPATION OF MEMBERS IN
ORGANIZATIONS
ABROAD
THAT
NATIONAL UNDERSTANDING.

MANAGEMENT OF
PROMOTE
INTER-

Section 1033(b)(3) of title 10, United States Code, is amended
by inserting after subparagraph (D) the following new subparagraph:
‘‘(E) An entity that, operating in a foreign nation where
United States military personnel are serving at United States
military activities, promotes understanding and tolerance
between such personnel (and their families) and the citizens
of that host foreign nation through programs that foster social
relations between those persons.’’.
SEC. 584. SUPPORT FOR EXPANDED CHILD CARE SERVICES AND
YOUTH PROGRAM SERVICES FOR DEPENDENTS.

(a) AUTHORITY.—(1) Subchapter II of chapter 88 of title 10,
United States Code, is amended—
(A) by redesignating section 1798 as section 1800; and
(B) by inserting after section 1797 the following new sections:
‘‘§ 1798. Child care services and youth program services for
dependents: financial assistance for providers
‘‘(a) AUTHORITY.—The Secretary of Defense may provide financial assistance to an eligible civilian provider of child care services
or youth program services that furnishes such services for members
of the armed forces and employees of the United States if the
Secretary determines that providing such financial assistance—
‘‘(1) is in the best interest of the Department of Defense;
‘‘(2) enables supplementation or expansion of furnishing
of child care services or youth program services for military
installations, while not supplanting or replacing such services;
and
‘‘(3) ensures that the eligible provider is able to comply,
and does comply, with the regulations, policies, and standards
of the Department of Defense that are applicable to the furnishing of such services.
‘‘(b) ELIGIBLE PROVIDERS.—A provider of child care services
or youth program services is eligible for financial assistance under
this section if the provider—
‘‘(1) is licensed to provide those services under applicable
State and local law;

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‘‘(2) has previously provided such services for members
of the armed forces or employees of the United States; and
‘‘(3) either—
‘‘(A) is a family home day care provider; or
‘‘(B) is a provider of family child care services that—
‘‘(i) otherwise provides federally funded or sponsored child development services;
‘‘(ii) provides the services in a child development
center owned and operated by a private, not-for-profit
organization;
‘‘(iii) provides before-school or after-school child
care program in a public school facility;
‘‘(iv) conducts an otherwise federally funded or
federally sponsored school age child care or youth services program;
‘‘(v) conducts a school age child care or youth services program that is owned and operated by a notfor-profit organization; or
‘‘(vi) is a provider of another category of child
care services or youth services determined by the Secretary of Defense as appropriate for meeting the needs
of members of the armed forces or employees of the
Department of Defense.
‘‘(c) FUNDING.—To provide financial assistance under this subsection, the Secretary of Defense may use any funds appropriated
to the Department of Defense for operation and maintenance.
‘‘(d) BIENNIAL REPORT.—(1) Every two years the Secretary of
Defense shall submit to Congress a report on the exercise of
authority under this section. The report shall include an evaluation
of the effectiveness of that authority for meeting the needs of
members of the armed forces or employees of the Department
of Defense for child care services and youth program services.
The report may include any recommendations for legislation that
the Secretary considers appropriate to enhance the capability of
the Department of Defense to meet those needs.
‘‘(2) A biennial report under this subsection may be combined
with the biennial report under section 1799(d) of this title into
a single report for submission to Congress.
‘‘§ 1799. Child care services and youth program services for
dependents: participation by children and youth
otherwise ineligible
‘‘(a) AUTHORITY.—The Secretary of Defense may authorize
participation in child care or youth programs of the Department
of Defense, to the extent of the availability of space and services,
by children and youth under the age of 19 who are not dependents
of members of the armed forces or of employees of the Department
of Defense and are not otherwise eligible for participation in those
programs.
‘‘(b) LIMITATION.—Authorization of participation in a program
under subsection (a) shall be limited to situations in which that
participation promotes the attainment of the objectives set forth
in subsection (c), as determined by the Secretary.
‘‘(c) OBJECTIVES.—The objectives for authorizing participation
in a program under subsection (a) are as follows:
‘‘(1) To support the integration of children and youth of
military families into civilian communities.

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PUBLIC LAW 106–65—OCT. 5, 1999

‘‘(2) To make more efficient use of Department of Defense
facilities and resources.
‘‘(3) To establish or support a partnership or consortium
arrangement with schools and other youth services organizations serving children of members of the armed forces.
‘‘(d) BIENNIAL REPORT.—(1) Every two years the Secretary of
Defense shall submit to Congress a report on the exercise of
authority under this section. The report shall include an evaluation
of the effectiveness of that authority for achieving the objectives
set out under subsection (c). The report may include any recommendations for legislation that the Secretary considers appropriate to enhance the capability of the Department of Defense
to attain those objectives.
‘‘(2) A biennial report under this subsection may be combined
with the biennial report under section 1798(d) of this title into
a single report for submission to Congress.’’.
(2) The table of sections at the beginning of such subchapter
is amended by striking the item relating to section 1798 and
inserting the following new items:
‘‘1798. Child care services and youth program services for dependents: financial assistance for providers.
‘‘1799. Child care services and youth program services for dependents: participation
by children and youth otherwise ineligible.
‘‘1800. Definitions.’’.
Deadline.
10 USC 1798
note.

(b) FIRST BIENNIAL REPORTS.—The first biennial reports under
sections 1798(d) and 1799(d) of title 10, United States Code (as
added by subsection (a)), shall be submitted not later than March
31, 2002, and shall cover fiscal years 2000 and 2001.

10 USC 1071
note.

SEC. 585. REPORT AND REGULATIONS ON DEPARTMENT OF DEFENSE
POLICIES ON PROTECTING THE CONFIDENTIALITY OF
COMMUNICATIONS WITH PROFESSIONALS PROVIDING
THERAPEUTIC OR RELATED SERVICES REGARDING
SEXUAL OR DOMESTIC ABUSE.

Deadline.

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(a) STUDY AND REPORT.—(1) The Comptroller General of the
United States shall study the policies, procedures, and practices
of the military departments for protecting the confidentiality of
communications between—
(A) a dependent (as defined in section 1072(2) of title
10, United States Code, with respect to a member of the Armed
Forces) of a member of the Armed Forces who—
(i) is a victim of sexual harassment, sexual assault,
or intrafamily abuse; or
(ii) has engaged in such misconduct; and
(B) a therapist, counselor, advocate, or other professional
from whom the dependent seeks professional services in connection with effects of such misconduct.
(2) Not later than 180 days after the date of the enactment
of this Act, the Comptroller General shall conclude the study and
submit a report on the results of the study to Congress and the
Secretary of Defense.
(b) REGULATIONS.—The Secretary of Defense shall prescribe
in regulations the policies and procedures that the Secretary considers appropriate to provide the maximum protections for the
confidentiality of communications described in subsection (a)
relating to misconduct described in that subsection, taking into
consideration—

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113 STAT. 637

(1) the findings of the Comptroller General;
(2) the standards of confidentiality and ethical standards
issued by relevant professional organizations;
(3) applicable requirements of Federal and State law;
(4) the best interest of victims of sexual harassment, sexual
assault, or intrafamily abuse;
(5) military necessity; and
(6) such other factors as the Secretary, in consultation
with the Attorney General, may consider appropriate.
(c) REPORT BY SECRETARY OF DEFENSE.—Not later than January
21, 2000, the Secretary of Defense shall submit to Congress a
report on the actions taken under subsection (b) and any other
actions taken by the Secretary to provide the maximum possible
protections for confidentiality described in that subsection.

Deadline.

SEC. 586. MEMBERS UNDER BURDENSOME PERSONNEL TEMPO.

(a) MANAGEMENT OF DEPLOYMENTS OF INDIVIDUAL MEMBERS.—
Part II of subtitle A of title 10, United States Code, is amended
by inserting after chapter 49 the following new chapter:
‘‘CHAPTER 50—MISCELLANEOUS COMMAND
RESPONSIBILITIES
‘‘Sec.
‘‘991. Management of deployments of members.

‘‘§ 991. Management of deployments of members
‘‘(a) GENERAL OR FLAG OFFICER RESPONSIBILITIES.—(1) The
deployment (or potential deployment) of a member of the armed
forces shall be managed, during any period when the member
is a high-deployment days member, by the officer in the chain
of command of that member who is the lowest-ranking general
or flag officer in that chain of command. That officer shall ensure
that the member is not deployed, or continued in a deployment,
on any day on which the total number of days on which the
member has been deployed out of the preceding 365 days would
exceed 220 unless an officer in the grade of general or admiral
in the member’s chain of command approves the deployment, or
continued deployment, of the member.
‘‘(2) In this section, the term ‘high-deployment days member’
means a member who has been deployed 182 days or more out
of the preceding 365 days.
‘‘(b) DEPLOYMENT DEFINED.—(1) For the purposes of this section, a member of the armed forces shall be considered to be
deployed or in a deployment on any day on which, pursuant to
orders, the member is performing service in a training exercise
or operation at a location or under circumstances that make it
impossible or infeasible for the member to spend off-duty time
in the housing in which the member resides when on garrison
duty at the member’s permanent duty station.
‘‘(2) For the purposes of this section, a member is not deployed
or in a deployment when the member is—
‘‘(A) performing service as a student or trainee at a school
(including any Government school); or
‘‘(B) performing administrative, guard, or detail duties in
garrison at the member’s permanent duty station.
‘‘(3) The Secretary of Defense may prescribe a definition of
deployment for the purposes of this section other than the definition

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PUBLIC LAW 106–65—OCT. 5, 1999

specified in paragraphs (1) and (2). Any such definition may not
take effect until 90 days after the date on which the Secretary
notifies the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives
of the revised standard definition of deployment.
‘‘(c) RECORDKEEPING.—The Secretary of each military department shall establish a system for tracking and recording the number
of days that each member of the armed forces under the jurisdiction
of the Secretary is deployed.
‘‘(d) NATIONAL SECURITY WAIVER AUTHORITY.—The Secretary
of the military department concerned may suspend the applicability
of this section to a member or any group of members under the
Secretary’s jurisdiction when the Secretary determines that such
a waiver is necessary in the national security interests of the
United States.
‘‘(e) INAPPLICABILITY TO COAST GUARD.—This section does not
apply to a member of the Coast Guard when the Coast Guard
is not operating as a service in the Navy.’’.
(b) PER DIEM ALLOWANCE FOR LENGTHY OR NUMEROUS DEPLOYMENTS.—Chapter 7 of title 37, United States Code, is amended
by adding at the end the following new section:
‘‘§ 435. Per diem allowance for lengthy or numerous deployments
‘‘(a) PER DIEM REQUIRED.—The Secretary of the military department concerned shall pay a high-deployment per diem allowance
to a member of the armed forces under the Secretary’s jurisdiction
for each day on which the member (1) is deployed, and (2) has,
as of that day, been deployed 251 days or more out of the preceding
365 days.
‘‘(b) DEFINITION OF DEPLOYED.—In this section, the term
‘deployed’, with respect to a member, means that the member
is deployed or in a deployment within the meaning of section
991(b) of title 10 (including any definition of ‘deployment’ prescribed
under paragraph (3) of that section).
‘‘(c) AMOUNT OF PER DIEM.—The amount of the high-deployment
per diem payable to a member under this section is $100.
‘‘(d) PAYMENT OF CLAIMS.—A claim of a member for payment
of the high-deployment per diem allowance that is not fully substantiated by the recordkeeping system applicable to the member under
section 991(c) of title 10 shall be paid if the member furnishes
the Secretary concerned with other evidence determined by the
Secretary as being sufficient to substantiate the claim.
‘‘(e) RELATIONSHIP TO OTHER ALLOWANCES.—A high-deployment
per diem payable to a member under this section is in addition
to any other pay or allowance payable to the member under any
other provision of law.
‘‘(f) NATIONAL SECURITY WAIVER.—No per diem may be paid
under this section to a member for any day on which the applicability of section 991 of title 10 to the member is suspended under
subsection (d) of that section.’’.
(c) CLERICAL AMENDMENTS.—(1) The tables of chapters at the
beginning of subtitle A of title 10, United States Code, and the
beginning of part II of such subtitle are amended by inserting
after the item relating to chapter 49 the following new item:
‘‘50. Miscellaneous Command Responsibilities ........................................... 991’’.

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113 STAT. 639

(2) The table of sections at the beginning of chapter 7 of
title 37, United States Code, is amended by inserting after the
item relating to section 434 the following new item:
‘‘435. Per diem allowance for lengthy or numerous deployments.’’.

(d) EFFECTIVE DATE.—(1) Section 991 of title 10, United States
Code (as added by subsection (a)), shall take effect on October
1, 2000. No day on which a member of the Armed Forces is deployed
(as defined in subsection (b) of that section) before that date may
be counted in determining the number of days on which a member
has been deployed for purposes of that section.
(2) Section 435 of title 37, United States Code (as added by
subsection (b)), shall take effect on October 1, 2001.
(e) IMPLEMENTING REGULATIONS.—Not later than June 1, 2000,
the Secretary of each military department shall prescribe in regulations the policies and procedures for implementing such provisions
of law for that military department.

10 USC 991 note.

37 USC 435 note.
Deadline.
10 USC 991 note.

Subtitle K—Domestic Violence
SEC. 591. DEFENSE TASK FORCE ON DOMESTIC VIOLENCE.

(a) ESTABLISHMENT.—The Secretary of Defense shall establish
a Department of Defense task force to be known as the Defense
Task Force on Domestic Violence.
(b) STRATEGIC PLAN.—Not later than 12 months after the date
on which all members of the task force have been appointed, the
task force shall submit to the Secretary of Defense a long-term
plan (referred to as a ‘‘strategic plan’’) for means by which the
Department of Defense may address matters relating to domestic
violence within the military more effectively. The plan shall include
an assessment of, and recommendations for measures to improve,
the following:
(1) Ongoing victims’ safety programs.
(2) Offender accountability.
(3) The climate for effective prevention of domestic violence.
(4) Coordination and collaboration among all military
organizations with responsibility or jurisdiction with respect
to domestic violence.
(5) Coordination between military and civilian communities
with respect to domestic violence.
(6) Research priorities.
(7) Data collection and case management and tracking.
(8) Curricula and training for military commanders.
(9) Prevention and responses to domestic violence at overseas military installations.
(10) Other issues identified by the task force relating to
domestic violence within the military.
(c) REVIEW OF VICTIMS’ SAFETY PROGRAM.—The task force shall
review the efforts of the Secretary of Defense to establish a program
for improving responses to domestic violence under section 592
and shall include in its report under subsection (e) a description
of that program, including best practices identified on installations,
lessons learned, and resulting policy recommendations.
(d) OTHER TASK FORCE REVIEWS.—The task force shall review
and make recommendations regarding the following:
(1) Standard guidelines to be used by the Secretaries of
the military departments in negotiating agreements with

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PUBLIC LAW 106–65—OCT. 5, 1999

civilian law enforcement authorities relating to acts of domestic
violence involving members of the Armed Forces.
(2) A requirement (A) that when a commanding officer
issues to a member of the Armed Forces under that officer’s
command an order that the member not have contact with
a specified person that a written copy of that order be provided
within 24 hours after the issuance of the order to the person
with whom the member is ordered not to have contact, and
(B) that there be a system of recording and tracking such
orders.
(3) Standard guidelines on the factors for commanders
to consider when seeking to substantiate allegations of domestic
violence by a person subject to the Uniform Code of Military
Justice and when determining appropriate action for such
allegations that are so substantiated.
(4) A standard training program for all commanding officers
in the Armed Forces, including a standard curriculum, on the
handling of domestic violence cases.
(e) ANNUAL REPORT.—(1) The task force shall submit to the
Secretary an annual report on its activities and on the activities
of the military departments to respond to domestic violence in
the military.
(2) The first such report shall be submitted not later than
the date specified in subsection (b) and shall be submitted with
the strategic plan submitted under that subsection. The task force
shall include in that report the following:
(A) Analysis and oversight of the efforts of the military
departments to respond to domestic violence in the military
and a description of barriers to implementation of improvements in those efforts.
(B) A description of the activities and achievements of
the task force.
(C) A description of successful and unsuccessful programs.
(D) A description of pending, completed, and recommended
Department of Defense research relating to domestic violence.
(E) Such recommendations for policy and statutory changes
as the task force considers appropriate.
(3) Each subsequent annual report shall include the following:
(A) A detailed discussion of the achievements in responses
to domestic violence in the Armed Forces.
(B) Pending research on domestic violence.
(C) Any recommendations for actions to improve the
responses of the Armed Forces to domestic violence in the
Armed Forces that the task force considers appropriate.
(4) Within 90 days of receipt of a report under paragraph
(2) or (3), the Secretary shall submit the report and the Secretary’s
evaluation of the report to the Committees on Armed Services
of the Senate and House of Representatives. The Secretary shall
include with the report the information collected pursuant to section
1562(b) of title 10, United States Code, as added by section 594.
(f) MEMBERSHIP.—(1) The task force shall consist of not more
than 24 members, to be appointed by the Secretary of Defense.
Members shall be appointed from each of the Army, Navy, Air
Force, and Marine Corps and shall include an equal number of
Department of Defense personnel (military or civilian) and persons
from outside the Department of Defense. Members appointed from
outside the Department of Defense may be appointed from other

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113 STAT. 641

Federal departments and agencies, from State and local agencies,
or from the private sector.
(2) The Secretary shall ensure that the membership of the
task force includes a judge advocate representative from each of
the Army, Navy, Air Force, and Marine Corps.
(3)(A) In consultation with the Attorney General, the Secretary
shall appoint to the task force a representative or representatives
from the Office of Justice Programs of the Department of Justice.
(B) In consultation with the Secretary of Health and Human
Services, the Secretary shall appoint to the task force a representative from the Family Violence Prevention and Services office of
the Department of Health and Human Services.
(4) Each member of the task force appointed from outside
the Department of Defense shall be an individual who has demonstrated expertise in the area of domestic violence or shall be
appointed from one of the following:
(A) A national domestic violence resource center established
under section 308 of the Family Violence Prevention and Services Act (42 U.S.C. 10407).
(B) A national sexual assault and domestic violence policy
and advocacy organization.
(C) A State domestic violence and sexual assault coalition.
(D) A civilian law enforcement agency.
(E) A national judicial policy organization.
(F) A State judicial authority.
(G) A national crime victim policy organization.
(5) The members of the task force shall be appointed not
later than 90 days after the date of the enactment of this Act.
(g) CO-CHAIRS OF THE TASK FORCE.—There shall be two cochairs of the task force. One of the co-chairs shall be designated
by the Secretary of Defense at the time of appointment from among
the Department of Defense personnel on the task force. The other
co-chair shall be selected from among the members appointed from
outside the Department of Defense by those members.
(h) ADMINISTRATIVE SUPPORT.—(1) Each member of the task
force shall serve without compensation (other than the compensation to which entitled as a member of the Armed Forces or an
officer or employee of the United States, as the case may be),
but shall be allowed travel expenses, including per diem in lieu
of subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code, while
away from the member’s home or regular places of business in
the performance of services for the task force.
(2) The Assistant Secretary of Defense for Force Management
Policy, under the direction of the Under Secretary of Defense for
Personnel and Readiness, shall provide oversight of the task force.
The Washington Headquarters Service shall provide the task force
with the personnel, facilities, and other administrative support
that is necessary for the performance of the task force’s duties.
(3) The Assistant Secretary shall coordinate with the Secretaries of the military departments to provide visits of the task
force to military installations.
(i) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory
Committee Act (5 U.S.C. App) shall not apply to the task force.
(j) TERMINATION.—The task force shall terminate three years
after the date of the enactment of this Act.

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113 STAT. 642
10 USC 1562
note.

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SEC. 592. INCENTIVE PROGRAM FOR IMPROVING RESPONSES TO
DOMESTIC VIOLENCE INVOLVING MEMBERS OF THE
ARMED FORCES AND MILITARY FAMILY MEMBERS.

(a) PURPOSE.—The purpose of this section is to provide a program for the establishment on military installations of collaborative
projects involving appropriate elements of the Armed Forces and
the civilian community to improve, strengthen, or coordinate
prevention and response efforts to domestic violence involving members of the Armed Forces, military family members, and others.
(b) PROGRAM.—The Secretary of Defense shall establish a program to provide funds and other incentives to commanders of military installations for the following purposes:
(1) To improve coordination between military and civilian
law enforcement authorities in policies, training, and responses
to, and tracking of, cases involving military domestic violence.
(2) To develop, implement, and coordinate with appropriate
civilian authorities tracking systems (A) for protective orders
issued to or on behalf of members of the Armed Forces by
civilian courts, and (B) for orders issued by military commanders to members of the Armed Forces ordering them not
to have contact with a dependent.
(3) To strengthen the capacity of attorneys and other legal
advocates to respond appropriately to victims of military
domestic violence.
(4) To assist in educating judges, prosecutors, and legal
offices in improved handling of military domestic violence cases.
(5) To develop and implement more effective policies, protocols, orders, and services specifically devoted to preventing,
identifying, and responding to domestic violence.
(6) To develop, enlarge, or strengthen victims’ services programs, including sexual assault and domestic violence programs, developing or improving delivery of victims’ services,
and providing confidential access to specialized victims’ advocates.
(7) To develop and implement primary prevention programs.
(8) To improve the response of health care providers to
incidents of domestic violence, including the development and
implementation of screening protocols.
(c) PRIORITY.—The Secretary shall give priority in providing
funds and other incentives under the program to installations at
which the local program will emphasize building or strengthening
partnerships and collaboration among military organizations such
as family advocacy program, military police or provost marshal
organizations, judge advocate organizations, legal offices, health
affairs offices, and other installation-level military commands
between those organizations and appropriate civilian organizations,
including civilian law enforcement, domestic violence advocacy
organizations, and domestic violence shelters.
(d) APPLICATIONS.—The Secretary shall establish guidelines for
applications for an award of funds under the program to carry
out the program at an installation.
(e) AWARDS.—The Secretary shall determine the award of funds
and incentives under this section. In making a determination of
the installations to which funds or other incentives are to be provided under the program, the Secretary shall consult with an award
review committee consisting of representatives from the Armed

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113 STAT. 643

Forces, the Department of Justice, the Department of Health and
Human Services, and organizations with a demonstrated expertise
in the areas of domestic violence and victims’ safety.
SEC. 593. UNIFORM DEPARTMENT OF DEFENSE
RESPONSES TO DOMESTIC VIOLENCE.

POLICIES

FOR

10 USC 1562
note.

(a) REQUIREMENT.—The Secretary of Defense shall prescribe
the following:
(1) Standard guidelines to be used by the Secretaries of
the military departments for negotiating agreements with
civilian law enforcement authorities relating to acts of domestic
violence involving members of the Armed Forces.
(2) A requirement (A) that when a commanding officer
issues to a member of the Armed Forces under that officer’s
command an order that the member not have contact with
a specified person that a written copy of that order be provided
within 24 hours after the issuance of the order to the person
with whom the member is ordered not to have contact, and
(B) that there be a system of recording and tracking such
orders.
(3) Standard guidelines on the factors for commanders
to consider when seeking to substantiate allegations of domestic
violence by a person subject to the Uniform Code of Military
Justice and when determining appropriate action for such
allegations that are so substantiated.
(4) A standard training program for all commanding officers
in the Armed Forces, including a standard curriculum, on the
handling of domestic violence cases.
(b) DEADLINE.—The Secretary of Defense shall carry out subsection (a) not later than six months after the date on which
the Secretary receives the first report of the Defense Task Force
on Domestic Violence under section 591(e).
SEC. 594. CENTRAL DEPARTMENT OF DEFENSE
DOMESTIC VIOLENCE INCIDENTS.

DATABASE

(a) IN GENERAL.—Chapter 80 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 1562. Database on domestic violence incidents
‘‘(a) DATABASE ON DOMESTIC VIOLENCE INCIDENT.—The Secretary of Defense shall establish a central database of information
on the incidents of domestic violence involving members of the
armed forces.
‘‘(b) REPORTING OF INFORMATION FOR THE DATABASE.—The Secretary shall require that the Secretaries of the military departments
maintain and report annually to the administrator of the database
established under subsection (a) any information received on the
following matters:
‘‘(1) Each domestic violence incident reported to a commander, a law enforcement authority of the armed forces, or
a family advocacy program of the Department of Defense.
‘‘(2) The number of those incidents that involve evidence
determined sufficient for supporting disciplinary action and,
for each such incident, a description of the substantiated allegation and the action taken by command authorities in the
incident.

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113 STAT. 644

PUBLIC LAW 106–65—OCT. 5, 1999

‘‘(3) The number of those incidents that involve evidence
determined insufficient for supporting disciplinary action and
for each such case, a description of the allegation.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following
new item:
‘‘1562. Database on domestic violence incidents.’’.

TITLE VI—COMPENSATION AND OTHER
PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 602. Pay increases for fiscal years 2001 through 2006.
Sec. 603. Additional amount available for fiscal year 2000 increase in basic allowance for housing inside the United States.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonuses and special pay authorities for reserve
forces.
Sec. 612. Extension of certain bonuses and special pay authorities for nurse officer
candidates, registered nurses, and nurse anesthetists.
Sec. 613. Extension of authorities relating to payment of other bonuses and special
pays.
Sec. 614. Amount of aviation career incentive pay for air battle managers.
Sec. 615. Expansion of authority to provide special pay to aviation career officers
extending period of active duty.
Sec. 616. Additional special pay for board certified veterinarians in the Armed
Forces and Public Health Service.
Sec. 617. Diving duty special pay.
Sec. 618. Reenlistment bonus.
Sec. 619. Enlistment bonus.
Sec. 620. Selected Reserve enlistment bonus.
Sec. 621. Special pay for members of the Coast Guard Reserve assigned to high priority units of the Selected Reserve.
Sec. 622. Reduced minimum period of enlistment in Army in critical skill for eligibility for enlistment bonus.
Sec. 623. Eligibility for reserve component prior service enlistment bonus upon attaining a critical skill.
Sec. 624. Increase in special pay and bonuses for nuclear-qualified officers.
Sec. 625. Increase in maximum monthly rate authorized for foreign language proficiency pay.
Sec. 626. Authorization of retention bonus for special warfare officers extending periods of active duty.
Sec. 627. Authorization of surface warfare officer continuation pay.
Sec. 628. Authorization of career enlisted flyer incentive pay.
Sec. 629. Authorization of judge advocate continuation pay.
Subtitle C—Travel and Transportation Allowances
Sec. 631. Provision of lodging in kind for Reservists performing training duty and
not otherwise entitled to travel and transportation allowances.
Sec. 632. Payment of temporary lodging expenses for members making their first
permanent change of station.
Sec. 633. Destination airport for emergency leave travel to continental United
States.
Subtitle D—Retired Pay Reform
Sec. 641. Redux retired pay system applicable only to members electing new 15year career status bonus.
Sec. 642. Authorization of 15-year career status bonus.
Sec. 643. Conforming amendments.
Sec. 644. Effective date.
Subtitle E—Other Matters Relating to Military Retirees and Survivors
Sec. 651. Repeal of reduction in retired pay for military retirees employed in civilian positions.

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113 STAT. 645

Sec. 652. Presentation of United States flag to retiring members of the uniformed
services not previously covered.
Sec. 653. Disability retirement or separation for certain members with pre-existing
conditions.
Sec. 654. Credit toward paid-up SBP coverage for months covered by make-up premium paid by persons electing SBP coverage during special open enrollment period.
Sec. 655. Paid-up coverage under Retired Serviceman’s Family Protection Plan.
Sec. 656. Extension of authority for payment of annuities to certain military surviving spouses.
Sec. 657. Effectuation of intended SBP annuity for former spouse when not elected
by reason of untimely death of retiree.
Sec. 658. Special compensation for severely disabled uniformed services retirees.
Subtitle F—Eligibility To Participate in the Thrift Savings Plan
Sec. 661. Participation in Thrift Savings Plan.
Sec. 662. Special retention initiative.
Sec. 663. Effective date.
Subtitle G—Other Matters
Sec. 671. Payment for unused leave in conjunction with a reenlistment.
Sec. 672. Clarification of per diem eligibility for military technicians (dual status)
serving on active duty without pay outside the United States.
Sec. 673. Annual report on effects of initiatives on recruitment and retention.
Sec. 674. Overseas special supplemental food program.
Sec. 675. Tuition assistance for members deployed in a contingency operation.
Sec. 676. Administration of Selected Reserve education loan repayment program for
Coast Guard Reserve.
Sec. 677. Sense of Congress regarding treatment under Internal Revenue Code of
members receiving hostile fire or imminent danger special pay during
contingency operations.

Subtitle A—Pay and Allowances
SEC. 601. FISCAL YEAR 2000 INCREASE IN MILITARY BASIC PAY AND
REFORM OF BASIC PAY RATES.

(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment
to become effective during fiscal year 2000 required by section
1009 of title 37, United States Code, in the rates of monthly basic
pay authorized members of the uniformed services shall not be
made.
(b) JANUARY 1, 2000, INCREASE IN BASIC PAY.—Effective on
January 1, 2000, the rates of monthly basic pay for members
of the uniformed services are increased by 4.8 percent.
(c) REFORM OF BASIC PAY RATES.—Effective on July 1, 2000,
the rates of monthly basic pay for members of the uniformed services within each pay grade are as follows:

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note.

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113 STAT. 646

PUBLIC LAW 106–65—OCT. 5, 1999
COMMISSIONED OFFICERS 1
Years of service computed under section 205 of title 37, United States Code

Pay
Grade

O–10 2
O–9 ....
O–8 ....
O–7 ....
O–6 ....
O–5 ....
O–4 ....
O–3 3
O–2 3
O–1 3

2 or less

Over 2

$0.00
0.00
6,594.30
5,479.50
4,061.10
3,248.40
2,737.80
2,544.00
2,218.80
1,926.30
Over 8

O–10 2
O–9 ....
O–8 ....
O–7 ....
O–6 ....
O–5 ....
O–4 ....
O–3 3
O–2 3
O–1 3

Over 10

$0.00
0.00
7,471.50
6,282.00
4,976.70
4,291.80
3,980.40
3,702.60
3,071.10
2,423.10
Over 18

O–10 2
O–9 ....
O–8 ....
O–7 ....
O–6 ....
O–5 ....
O–4 ....
O–3 3
O–2 3
O–1 3

$0.00
0.00
6,810.30
5,851.80
4,461.60
3,813.90
3,333.90
2,884.20
2,527.20
2,004.90

$0.00
0.00
7,540.80
6,475.80
5,004.00
4,420.80
4,252.50
3,850.20
3,071.10
2,423.10
Over 20

$0.00
0.00
8,503.80
7,985.40
6,086.10
5,436.00
4,808.70
4,139.10
3,071.10
2,423.10

$10,655.10
9,319.50
8,830.20
7,985.40
6,381.30
5,583.60
4,808.70
4,139.10
3,071.10
2,423.10

Over 3

Over 4

$0.00
0.00
6,953.10
5,851.80
4,754.40
4,077.90
3,556.20
3,112.80
2,910.90
2,423.10
Over 12

$0.00
0.00
6,993.30
5,894.40
4,754.40
4,127.70
3,606.00
3,364.80
3,009.00
2,423.10
Over 14

$0.00
0.00
7,824.60
6,669.00
5,004.00
4,659.30
4,464.00
4,040.40
3,071.10
2,423.10
Over 22

$0.00
0.00
7,906.20
6,863.10
5,169.30
4,971.90
4,611.00
4,139.10
3,071.10
2,423.10
Over 24

$10,707.60
9,453.60
9,048.00
7,985.40
6,549.00
5,751.90
4,808.70
4,139.10
3,071.10
2,423.10

$10,930.20
9,647.70
9,048.00
7,985.40
6,719.10
5,751.90
4,808.70
4,139.10
3,071.10
2,423.10

Over 6

$0.00
0.00
7,171.80
6,114.60
4,772.40
4,291.80
3,812.40
3,525.90
3,071.10
2,423.10
Over 16

$0.00
0.00
8,150.10
7,471.50
5,791.20
5,286.00
4,758.90
4,139.10
3,071.10
2,423.10
Over 26

$11,318.40
9,986.40
9,048.00
8,025.60
7,049.10
5,751.90
4,808.70
4,139.10
3,071.10
2,423.10

1 Notwithstanding the pay rates specified in this table, the actual basic pay for commissioned
officers in grades O–7 through O–10 may not exceed the rate of pay for level III of the Executive Schedule and the actual basic pay for all other officers, including warrant officers, may
not exceed the rate of pay for level V of the Executive Schedule.
2 Subject to the preceding footnote, while serving as Chairman or Vice Chairman of the Joint
Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air
Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, basic pay for
this grade is calculated to be $12,441.00, regardless of cumulative years of service computed
under section 205 of title 37, United States Code.
3 This table does not apply to commissioned officers in the grade O–1, O–2, or O–3 who have
been credited with over 4 years of active duty service as an enlisted member or warrant officer.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 647

COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY
SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER
Years of service computed under section 205 of title 37, United States Code
Pay
Grade

O–3E
O–2E
O–1E

2 or less

Over 2

$0.00
0.00
0.00

Over 3

Over 4

$0.00
0.00
0.00

$3,364.80
3,009.00
2,423.10

Over 8

Over 10

Over 12

Over 14

$3,702.60
3,168.60
2,683.80

$3,850.20
3,333.90
2,781.30

$4,040.40
3,461.40
2,877.60

$4,200.30
3,556.20
3,009.00

Over 18

Over 20

Over 22

Over 24

$4,416.90
3,556.20
3,009.00

Over 6

$3,525.90
3,071.10
2,588.40
Over 16

$4,291.80
3,556.20
3,009.00
Over 26

$4,416.90
3,556.20
3,009.00

WARRANT OFFICERS
Years of service computed under section 205 of title 37, United States Code
Pay
Grade

W–5
W–4
W–3
W–2
W–1

...
...
...
...
...

2 or less

Over 2

$0.00
2,592.00
2,355.90
2,063.40
1,719.00
Over 8

W–5
W–4
W–3
W–2
W–1

...
...
...
...
...

Over 10

$0.00
3,217.20
2,814.90
2,555.40
2,332.80
Over 18

W–5
W–4
W–3
W–2
W–1

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...
...
...
...
...

$0.00
2,788.50
2,555.40
2,232.60
1,971.00

Over 20

$0.00
3,888.00
3,418.50
3,056.40
2,835.00

23:18 Oct 28, 1999

$0.00
3,352.80
2,974.20
2,652.60
2,433.30

$4,475.10
4,019.40
3,539.10
3,163.80
2,910.90

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Over 3

Over 4

$0.00
2,868.60
2,555.40
2,232.60
1,971.00
Over 12

Over 14

$0.00
3,485.10
3,071.10
2,749.80
2,533.20
Over 22

$0.00
3,622.20
3,177.00
2,844.30
2,634.00
Over 24

$4,628.70
4,155.60
3,659.40
3,270.90
2,910.90

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$0.00
2,947.50
2,588.40
2,305.80
2,135.70

Fmt 6580

$4,782.90
4,289.70
3,780.00
3,378.30
2,910.90

Sfmt 6581

Over 6

$0.00
3,083.40
2,694.30
2,423.10
2,232.60
Over 16

$0.00
3,753.60
3,298.20
2,949.00
2,734.80
Over 26

$4,937.40
4,427.10
3,900.90
3,378.30
2,910.90

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113 STAT. 648

PUBLIC LAW 106–65—OCT. 5, 1999
ENLISTED MEMBERS 1
Years of service computed under section 205 of title 37, United States Code

Pay
Grade

E–9 2 ..
E–8 ....
E–7 ....
E–6 ....
E–5 ....
E–4 ....
E–3 ....
E–2 ....
E–1 ....

2 or less

Over 2

$0.00
0.00
1,765.80
1,518.90
1,332.60
1,242.90
1,171.50
1,127.40
1,005.60

Over 8

E–9 2 ..
E–8 ....
E–7 ....
E–6 ....
E–5 ....
E–4 ....
E–3 ....
E–2 ....
E–1 ....

Over 10

$0.00
2,528.40
2,220.90
1,973.10
1,789.50
1,593.90
1,335.90
1,127.40
1,005.60
Over 18

E–9 2 ..
E–8 ....
E–7 ....
E–6 ....
E–5 ....
E–4 ....
E–3 ....
E–2 ....
E–1 ....

$0.00
0.00
1,927.80
1,678.20
1,494.00
1,373.10
1,260.60
1,127.40
1,005.60

$3,015.30
2,601.60
2,294.10
2,047.20
1,861.50
1,593.90
1,335.90
1,127.40
1,005.60
Over 20

$3,373.20
2,932.50
2,588.10
2,283.30
1,936.20
1,593.90
1,335.90
1,127.40
1,005.60

$3,473.40
3,026.10
2,660.40
2,283.30
1,936.20
1,593.90
1,335.90
1,127.40
1,005.60

Over 3

Over 4

$0.00
0.00
2,001.00
1,752.60
1,566.00
1,447.20
1,334.10
1,127.40
1,005.60
Over 12

$3,083.40
2,669.70
2,367.30
2,118.60
1,936.20
1,593.90
1,335.90
1,127.40
1,005.60
Over 22

$3,609.30
3,161.10
2,787.60
2,285.70
1,936.20
1,593.90
1,335.90
1,127.40
1,005.60

$0.00
0.00
2,073.00
1,824.30
1,640.40
1,520.10
1,335.90
1,127.40
1,005.60
Over 14

$3,169.80
2,751.60
2,439.30
2,191.50
1,936.20
1,593.90
1,335.90
1,127.40
1,005.60
Over 24

$3,744.00
3,295.50
2,926.20
2,285.70
1,936.20
1,593.90
1,335.90
1,123.20
1,005.60

Over 6

$0.00
0.00
2,147.70
1,899.30
1,714.50
1,593.90
1,335.90
1,127.40
1,005.60
Over 16

$3,271.50
2,840.10
2,514.00
2,244.60
1,936.20
1,593.90
1,335.90
1,127.40
1,005.60
Over 26

$3,915.90
3,483.60
3,134.40
2,285.70
1,936.20
1,593.90
1,335.90
1,127.40
1,005.60

1 Notwithstanding the pay rates specified in this table, the actual basic pay for enlisted
members may not exceed the rate of pay for level V of the Executive Schedule.
2 Subject to the preceding footnote, while serving as Sergeant Major of the Army, Master
Chief Petty Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the
Marine Corps, or Master Chief Petty Officer of the Coast Guard, basic pay for this grade is
$4,701.00, regardless of cumulative years of service computed under section 205 of title 37,
United States Code.
3 In the case of members in the grade E–1 who have served less than 4 months on active
duty, basic pay is $930.30.

10 USC 1401
note.

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(d) LIMITATION ON PAY ADJUSTMENTS.—Effective January 1,
2000, section 203(a) of title 37, United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) Notwithstanding the rates of basic pay in effect at any
time as provided by law, the rates of basic pay payable for commissioned officers in pay grades O–7 through O–10 may not exceed
the monthly equivalent of the rate of pay for level III of the
Executive Schedule, and the rates of basic pay payable for all
other officers and for enlisted members may not exceed the monthly
equivalent of the rate of pay for level V of the Executive Schedule.’’.
(e) RECOMPUTATION OF RETIRED PAY FOR CERTAIN RECENTLY
RETIRED OFFICERS.—In the case of a commissioned officer of the
uniformed services who retired during the period beginning on
April 30, 1999, through December 31, 1999, and who, at the time

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 649

of retirement, was in pay grade O–7, O–8, O–9, or O–10, the
retired pay of that officer shall be recomputed, effective as of
January 1, 2000, using the rate of basic pay that would have
been applicable to the computation of that officer’s retired pay
if the provisions of paragraph (2) of section 203(a) of title 37,
United States Code, as added by subsection (d), had taken effect
on April 30, 1999.
SEC. 602. PAY INCREASES FOR FISCAL YEARS 2001 THROUGH 2006.

(a) ECI+0.5 PERCENT INCREASE FOR ALL MEMBERS.—Section
1009(c) of title 37, United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(c) EQUAL PERCENTAGE
INCREASE FOR ALL MEMBERS.—’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) Notwithstanding paragraph (1), but subject to subsection
(d), an adjustment taking effect under this section during each
of fiscal years 2001 through 2006 shall provide all eligible members
with an increase in the monthly basic pay by the percentage equal
to the sum of—
‘‘(A) one percent; plus
‘‘(B) the percentage calculated as provided under section
5303(a) of title 5 for that fiscal year, without regard to whether
rates of pay under the statutory pay systems are actually
increased during that fiscal year under that section by the
percentage so calculated.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on October 1, 2000.

37 USC 1009
note.

SEC. 603. ADDITIONAL AMOUNT AVAILABLE FOR FISCAL YEAR 2000
INCREASE IN BASIC ALLOWANCE FOR HOUSING INSIDE
THE UNITED STATES.

In addition to the amount determined by the Secretary of
Defense under section 403(b)(3) of title 37, United States Code,
to be the total amount that may be paid during fiscal year 2000
for the basic allowance for housing for military housing areas inside
the United States, $225,000,000 of the amount authorized to be
appropriated by section 421 for military personnel shall be used
by the Secretary to further increase the total amount available
for the basic allowance for housing for military housing areas inside
the United States.

Subtitle B—Bonuses and Special and
Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.

(a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN CRITICALLY
SHORT WARTIME SPECIALTIES.—Section 302g(f) of title 37, United
States Code, is amended by striking ‘‘December 31, 1999’’ and
inserting ‘‘December 31, 2000’’.
(b) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(f)
of such title is amended by striking ‘‘December 31, 1999’’ and
inserting ‘‘December 31, 2000’’.
(c) SELECTED RESERVE ENLISTMENT BONUS.—Section 308c(e)
of such title is amended by striking ‘‘December 31, 1999’’ and
inserting ‘‘December 31, 2000’’.

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113 STAT. 650

PUBLIC LAW 106–65—OCT. 5, 1999

(d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN
HIGH PRIORITY UNITS.—Section 308d(c) of such title is amended
by striking ‘‘December 31, 1999’’ and inserting ‘‘December 31, 2000’’.
(e) SELECTED RESERVE AFFILIATION BONUS.—Section 308e(e)
of such title is amended by striking ‘‘December 31, 1999’’ and
inserting ‘‘December 31, 2000’’.
(f) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS.—
Section 308h(g) of such title is amended by striking ‘‘December
31, 1999’’ and inserting ‘‘December 31, 2000’’.
(g) PRIOR SERVICE ENLISTMENT BONUS.—Section 308i(f) of such
title is amended by striking ‘‘December 31, 1999’’ and inserting
‘‘December 31, 2000’’.
(h) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH
PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE.—Section
16302(d) of title 10, United States Code, is amended by striking
‘‘January 1, 2000’’ and inserting ‘‘January 1, 2001’’.
SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY
AUTHORITIES FOR NURSE OFFICER CANDIDATES, REGISTERED NURSES, AND NURSE ANESTHETISTS.

(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section
2130a(a)(1) of title 10, United States Code, is amended by striking
‘‘December 31, 1999’’ and inserting ‘‘December 31, 2000’’.
(b) ACCESSION BONUS FOR REGISTERED NURSES.—Section
302d(a)(1) of title 37, United States Code, is amended by striking
‘‘December 31, 1999’’ and inserting ‘‘December 31, 2000’’.
(c) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section
302e(a)(1) of title 37, United States Code, is amended by striking
‘‘December 31, 1999’’ and inserting ‘‘December 31, 2000’’.
SEC. 613. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
OTHER BONUSES AND SPECIAL PAYS.

(a) AVIATION OFFICER RETENTION BONUS.—Section 301b(a) of
title 37, United States Code, is amended by striking ‘‘December
31, 1999,’’ and inserting ‘‘December 31, 2000,’’.
(b) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section
308(g) of such title is amended by striking ‘‘December 31, 1999’’
and inserting ‘‘December 31, 2000’’.
(c) ENLISTMENT BONUS FOR PERSONS WITH CRITICAL SKILLS.—
Section 308a(d) of such title, as redesignated by section 619(b),
is amended by striking ‘‘December 31, 1999’’ and inserting
‘‘December 31, 2000’’.
(d) ARMY ENLISTMENT BONUS.—Section 308f(c) of such title
is amended by striking ‘‘December 31, 1999’’ and inserting
‘‘December 31, 2000’’.
(e) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING
PERIOD OF ACTIVE SERVICE.—Section 312(e) of such title is amended
by striking ‘‘December 31, 1999’’ and inserting ‘‘December 31, 2000’’.
(f) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of
such title is amended by striking ‘‘December 31, 1999’’ and inserting
‘‘December 31, 2000’’.
(g) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—Section
312c(d) of such title is amended by striking ‘‘October 1, 1998,’’
and all that follows through the period at the end and inserting
‘‘December 31, 2000.’’.

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113 STAT. 651

SEC. 614. AMOUNT OF AVIATION CAREER INCENTIVE PAY FOR AIR
BATTLE MANAGERS.

(a) APPLICABLE INCENTIVE PAY RATE.—Section 301a(b) of title
37, United States Code, is amended by adding at the end the
following new paragraph:
‘‘(4) An officer serving as an air battle manager who is entitled
to aviation career incentive pay under this section and who, before
becoming entitled to aviation career incentive pay, was entitled
to incentive pay under section 301(a)(11) of this title, shall be
paid the monthly incentive pay at the higher of the following
rates:
‘‘(A) The rate otherwise applicable to the member under
this subsection.
‘‘(B) The rate at which the member was receiving incentive
pay under section 301(c)(2)(A) of this title immediately before
the member’s entitlement to aviation career incentive pay under
this section.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on October 1, 1999, and shall apply with respect
to months beginning on or after that date.

Applicability.
37 USC 301a
note.

SEC. 615. EXPANSION OF AUTHORITY TO PROVIDE SPECIAL PAY TO
AVIATION CAREER OFFICERS EXTENDING PERIOD OF
ACTIVE DUTY.

(a) ELIGIBILITY CRITERIA.—Subsection (b) of section 301b of
title 37, United States Code, is amended—
(1) by striking paragraphs (2) and (5);
(2) in paragraph (3), by striking ‘‘grade O–6’’ and inserting
‘‘grade O–7’’;
(3) by inserting ‘‘and’’ at the end of paragraph (4); and
(4) by redesignating paragraphs (3), (4), and (6) as paragraphs (2), (3), and (4), respectively.
(b) AMOUNT OF BONUS.—Subsection (c) of such section is
amended by striking ‘‘than—’’ and all that follows through the
period at the end and inserting ‘‘than $25,000 for each year covered
by the written agreement to remain on active duty.’’.
(c) PRORATION AUTHORITY FOR COVERAGE OF INCREASED PERIOD
OF ELIGIBILITY.—Subsection (d) of such section is amended by
striking ‘‘14 years of commissioned service’’ and inserting ‘‘25 years
of aviation service’’.
(d) REPEAL OF CONTENT REQUIREMENTS FOR ANNUAL REPORT.—
Subsection (i)(1) of such section is amended by striking the second
sentence.
(e) DEFINITIONS REGARDING AVIATION SPECIALTY.—Subsection
(j) of such section is amended—
(1) by striking paragraphs (2) and (3); and
(2) by redesignating paragraph (4) as paragraph (2).
(f) TECHNICAL AMENDMENT.—Subsection (g)(3) of such section
is amended by striking the second sentence.
(g) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 1, 1999, and shall apply with respect
to months beginning on or after that date.

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Applicability.
37 USC 301b
note.

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113 STAT. 652

PUBLIC LAW 106–65—OCT. 5, 1999

SEC. 616. ADDITIONAL SPECIAL PAY FOR BOARD CERTIFIED VETERINARIANS IN THE ARMED FORCES AND PUBLIC HEALTH
SERVICE.

Applicability.
37 USC 303 note.

(a) AUTHORITY.—Section 303 of title 37, United States Code,
is amended—
(1) by inserting ‘‘(a) MONTHLY SPECIAL PAY.—’’ before
‘‘Each’’; and
(2) by adding at the end the following:
‘‘(b) ADDITIONAL SPECIAL PAY FOR BOARD CERTIFICATION.—A
commissioned officer entitled to special pay under subsection (a)
who has been certified as a Diplomate in a specialty recognized
by the American Veterinarian Medical Association is entitled to
special pay (in addition to the special pay under subsection (a))
at the same rate as is provided under section 302c(b) of this title
for an officer referred to in that section who has the same number
of years of creditable service as the commissioned officer.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on October 1, 1999, and shall apply with
respect to months beginning on and after that date.
SEC. 617. DIVING DUTY SPECIAL PAY.

Applicability.
37 USC 304 note.

(a) INCREASE IN RATE.—Subsection (b) of section 304 of title
37, United States Code, is amended—
(1) by striking ‘‘$200’’ and inserting ‘‘$240’’; and
(2) by striking ‘‘$300’’ and inserting ‘‘$340’’.
(b) RELATION TO HAZARDOUS DUTY INCENTIVE PAY.—Subsection
(c) of such section is amended to read as follows:
‘‘(c) If, in addition to diving duty, a member is assigned by
orders to one or more hazardous duties described in section 301
of this title, the member may be paid, for the same period of
service, special pay under this section and incentive pay under
such section 301 for each hazardous duty for which the member
is qualified.’’.
(c) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall take effect on October 1, 1999, and shall apply
with respect to special pay paid under such section for months
beginning on or after that date.
SEC. 618. REENLISTMENT BONUS.

Applicability.
37 USC 308 note.

(a) MINIMUM MONTHS OF ACTIVE DUTY.—Subsection (a)(1)(A)
of section 308 of title 37, United States Code, is amended by
striking ‘‘twenty-one months’’ and inserting ‘‘17 months’’.
(b) INCREASE IN MAXIMUM AMOUNT OF BONUS.—Subsection
(a)(2) of such section is amended—
(1) in subparagraph (A)(i), by striking ‘‘ten’’ and inserting
‘‘15’’; and
(2) in subparagraph (B), by striking ‘‘$45,000’’ and inserting
‘‘$60,000’’.
(c) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall take effect on October 1, 1999, and shall apply
with respect to reenlistments and extensions of enlistments taking
effect on or after that date.
SEC. 619. ENLISTMENT BONUS.

(a) INCREASE IN MAXIMUM BONUS AMOUNT.—Subsection (a) of
section 308a of title 37, United States Code, is amended by striking
‘‘$12,000’’ and inserting ‘‘$20,000’’.
(b) PAYMENT METHODS.—Such section is further amended—

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(1) in subsection (a), by striking the second sentence;
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d); and
(3) by inserting after subsection (a) the following new subsection:
‘‘(b) PAYMENT METHODS.—A bonus under this section may be
paid in a single lump sum, or in periodic installments, to provide
an extra incentive for a member to successfully complete the
training necessary for the member to be technically qualified in
the skill for which the bonus is paid.’’.
(c) STYLISTIC AMENDMENTS.—Such section is further amended—
(1) in subsection (a), by inserting ‘‘BONUS AUTHORIZED;
BONUS AMOUNT.—’’ after ‘‘(a)’’;
(2) in subsection (c), as redesignated by subsection (b)(2)
of this section, by inserting ‘‘REPAYMENT OF BONUS.—’’ after
‘‘(c)’’; and
(3) in subsection (d), as redesignated by subsection (b)(2)
of this section, by inserting ‘‘TERMINATION OF AUTHORITY.—’’ after ‘‘(d)’’.
(d) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on October 1, 1999, and shall apply with respect
to enlistments and extensions of enlistments taking effect on or
after that date.

Applicability.
37 USC 308a
note.

SEC. 620. SELECTED RESERVE ENLISTMENT BONUS.

(a) ELIMINATION OF REQUIREMENT FOR MINIMUM PERIOD OF
ENLISTMENT.—Subsection (a) of section 308c of title 37, United
States Code, is amended by striking ‘‘for a term of enlistment
of not less than six years’’.
(b) INCREASED MAXIMUM AMOUNT.—Subsection (b) of such section is amended by striking ‘‘$5,000’’ and inserting ‘‘$8,000’’.
(c) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall take effect on October 1, 1999, and shall apply
with respect to enlistments entered into on or after that date.

Applicability.
37 USC 308c
note.

SEC. 621. SPECIAL PAY FOR MEMBERS OF THE COAST GUARD
RESERVE ASSIGNED TO HIGH PRIORITY UNITS OF THE
SELECTED RESERVE.

Section 308d(a) of title 37, United States Code, is amended
by inserting ‘‘or the Secretary of Transportation with respect to
the Coast Guard when it is not operating as a service in the
Navy, ’’ after ‘‘Secretary of Defense,’’.
SEC. 622. REDUCED MINIMUM PERIOD OF ENLISTMENT IN ARMY IN
CRITICAL SKILL FOR ELIGIBILITY FOR ENLISTMENT
BONUS.

(a) REDUCED REQUIREMENT.—Paragraph (3) of section 308f(a)
of title 37, United States Code, is amended by striking ‘‘3 years’’
and inserting ‘‘2 years’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on October 1, 1999, and shall apply with respect
to enlistments entered into on or after that date.

Applicability.
37 USC 308f
note.

SEC. 623. ELIGIBILITY FOR RESERVE COMPONENT PRIOR SERVICE
ENLISTMENT BONUS UPON ATTAINING A CRITICAL SKILL.

(a) REVISED ELIGIBILITY REQUIREMENTS FOR BONUS.—Section
308i(a) of title 37, United States Code, is amended by striking
paragraph (2) and inserting the following new paragraph:

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Applicability.
37 USC 308i
note.

PUBLIC LAW 106–65—OCT. 5, 1999

‘‘(2) A bonus may only be paid under this section to a person
who meets each of the following requirements:
‘‘(A) The person has completed a military service obligation,
but has less than 14 years of total military service, and received
an honorable discharge at the conclusion of that military service
obligation.
‘‘(B) The person was not released, or is not being released,
from active service for the purpose of enlistment in a reserve
component.
‘‘(C) The person is projected to occupy, or is occupying,
a position as a member of the Selected Reserve in a specialty
in which the person—
‘‘(i) successfully served while a member on active duty
and attained a level of qualification while on active duty
commensurate with the grade and years of service of the
member; or
‘‘(ii) has completed training or retraining in the specialty skill that is designated as critically short and
attained a level of qualification in the specialty skill that
is commensurate with the grade and years of service of
the member.
‘‘(D) The person has not previously been paid a bonus
(except under this section) for enlistment, reenlistment, or
extension of enlistment in a reserve component.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on October 1, 1999, and shall apply to enlistments
beginning on or after that date.
SEC. 624. INCREASE IN SPECIAL PAY AND BONUSES FOR NUCLEARQUALIFIED OFFICERS.

Applicability.
37 USC 312 note.

37 USC 312c
note.

(a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING
PERIOD OF ACTIVE SERVICE.—Section 312(a) of title 37, United
States Code, is amended by striking ‘‘$15,000’’ and inserting
‘‘$25,000’’.
(b) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(a)(1)
of such title is amended by striking ‘‘$10,000’’ and inserting
‘‘$20,000’’.
(c) NUCLEAR CAREER ANNUAL INCENTIVE BONUSES.—Section
312c of such title is amended—
(1) in subsection (a)(1), by striking ‘‘$12,000’’ and inserting
‘‘$22,000’’; and
(2) in subsection (b)(1), by striking ‘‘$5,500’’ and inserting
‘‘$10,000’’.
(d) EFFECTIVE DATE.—(1) The amendments made by subsections
(a) and (b) shall take effect on October 1, 1999, and shall apply
to agreements under section 312 or 312b of such title entered
into on or after that date.
(2) The amendments made by subsection (c) shall take effect
on October 1, 1999, and shall apply with respect to nuclear service
years beginning on or after that date.
SEC. 625. INCREASE IN MAXIMUM MONTHLY RATE AUTHORIZED FOR
FOREIGN LANGUAGE PROFICIENCY PAY.

Applicability.
37 USC 316 note.

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(a) INCREASE.—Section 316(b) of title 37, United States Code,
is amended by striking ‘‘$100’’ and inserting ‘‘$300’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on October 1, 1999, and shall apply with respect

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to foreign language proficiency pay paid under section 316 of such
title for months beginning on or after that date.
SEC. 626. AUTHORIZATION OF RETENTION BONUS FOR SPECIAL WARFARE OFFICERS EXTENDING PERIODS OF ACTIVE DUTY.

(a) BONUS AUTHORIZED.—(1) Chapter 5 of title 37, United States
Code, is amended by adding at the end the following new section:
‘‘§ 318. Special pay: special warfare officers extending period
of active duty
‘‘(a) SPECIAL WARFARE OFFICER DEFINED.—In this section, the
term ‘special warfare officer’ means an officer of a uniformed service
who—
‘‘(1) is qualified for a military occupational specialty or
designator identified by the Secretary concerned as a special
warfare military occupational specialty or designator; and
‘‘(2) is serving in a position for which that specialty or
designator is authorized.
‘‘(b) RETENTION BONUS AUTHORIZED.—A special warfare officer
who meets the eligibility requirements specified in subsection (c)
and who executes a written agreement to remain on active duty
in special warfare service for at least one year may, upon the
acceptance of the agreement by the Secretary concerned, be paid
a retention bonus as provided in this section.
‘‘(c) ELIGIBILITY REQUIREMENTS.—A special warfare officer may
apply to enter into an agreement referred to in subsection (b)
if the officer—
‘‘(1) is in pay grade O–3, or is in pay grade O–4 and
is not on a list of officers recommended for promotion, at
the time the officer applies to enter into the agreement;
‘‘(2) has completed at least 6, but not more than 14, years
of active commissioned service; and
‘‘(3) has completed any service commitment incurred to
be commissioned as an officer.
‘‘(d) AMOUNT OF BONUS.—The amount of a retention bonus
paid under this section may not be more than $15,000 for each
year covered by the agreement.
‘‘(e) PRORATION.—The term of an agreement under subsection
(b) and the amount of the retention bonus payable under subsection
(d) may be prorated as long as the agreement does not extend
beyond the date on which the officer executing the agreement
would complete 14 years of active commissioned service.
‘‘(f) PAYMENT METHODS.—(1) Upon acceptance of an agreement
under subsection (b) by the Secretary concerned, the total amount
payable pursuant to the agreement becomes fixed.
‘‘(2) The amount of the retention bonus may be paid as follows:
‘‘(A) At the time the agreement is accepted by the Secretary
concerned, the Secretary may make a lump sum payment equal
to half the total amount payable under the agreement. The
balance of the bonus amount shall be paid in equal annual
installments on the anniversary of the acceptance of the agreement.
‘‘(B) The Secretary concerned may make graduated annual
payments under regulations prescribed by the Secretary, with
the first payment being payable at the time the agreement
is accepted by the Secretary and subsequent payments being
payable on the anniversary of the acceptance of the agreement.

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‘‘(g) ADDITIONAL PAY.—A retention bonus paid under this section is in addition to any other pay and allowances to which an
officer is entitled.
‘‘(h) REPAYMENT.—(1) If an officer who has entered into an
agreement under subsection (b) and has received all or part of
a retention bonus under this section fails to complete the total
period of active duty in special warfare service as specified in
the agreement, the Secretary concerned may require the officer
to repay the United States, on a pro rata basis and to the extent
that the Secretary determines conditions and circumstances warrant, all sums paid the officer under this section.
‘‘(2) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
‘‘(3) A discharge in bankruptcy under title 11 that is entered
less than five years after the termination of an agreement entered
into under subsection (a) does not discharge the officer signing
the agreement from a debt arising under such agreement or under
paragraph (1).
‘‘(i) REGULATIONS.—The Secretaries concerned shall prescribe
regulations to carry out this section, including the definition of
the term ‘special warfare service’ for purposes of this section. Regulations prescribed by the Secretary of a military department under
this section shall be subject to the approval of the Secretary of
Defense.’’.
(2) The table of sections at the beginning of chapter 5 of
title 37, United States Code, is amended by adding at the end
the following new item:
‘‘318. Special pay: special warfare officers extending period of active duty.’’.
37 USC 318 note.

(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on October 1, 1999.
SEC. 627. AUTHORIZATION OF SURFACE WARFARE OFFICER CONTINUATION PAY.

(a) INCENTIVE PAY AUTHORIZED.—(1) Chapter 5 of title 37,
United States Code, is amended by inserting after section 318,
as added by section 626, the following new section:
‘‘§ 319. Special pay: surface warfare officer continuation pay
‘‘(a) ELIGIBLE SURFACE WARFARE OFFICER DEFINED.—In this
section, the term ‘eligible surface warfare officer’ means an officer
of the Regular Navy or Naval Reserve on active duty who—
‘‘(1) is qualified and serving as a surface warfare officer;
‘‘(2) has been selected for assignment as a department
head on a surface vessel; and
‘‘(3) has completed any service commitment incurred
through the officer’s original commissioning program.
‘‘(b) SPECIAL PAY AUTHORIZED.—An eligible surface warfare
officer who executes a written agreement to remain on active duty
to complete one or more tours of duty to which the officer may
be ordered as a department head on a surface vessel may, upon
the acceptance of the agreement by the Secretary of the Navy,
be paid an amount not to exceed $50,000.
‘‘(c) PRORATION.—The term of the written agreement under
subsection (b) and the amount payable under the agreement may
be prorated.
‘‘(d) PAYMENT METHODS.—Upon acceptance of the written agreement under subsection (b) by the Secretary of the Navy, the total

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113 STAT. 657

amount payable pursuant to the agreement becomes fixed. The
Secretary shall prepare an implementation plan specifying the
amount of each installment payment under the agreement and
the times for payment of the installments.
‘‘(e) ADDITIONAL PAY.—Any amount paid under this section
is in addition to any other pay and allowances to which an officer
is entitled.
‘‘(f) REPAYMENT.—(1) If an officer who has entered into a written
agreement under subsection (b) and has received all or part of
the amount payable under the agreement fails to complete the
total period of active duty as a department head on a surface
vessel specified in the agreement, the Secretary of the Navy may
require the officer to repay the United States, to the extent that
the Secretary of the Navy determines conditions and circumstances
warrant, any or all sums paid under this section.
‘‘(2) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
‘‘(3) A discharge in bankruptcy under title 11 that is entered
less than five years after the termination of an agreement entered
into under subsection (b) does not discharge the officer signing
the agreement from a debt arising under such agreement or under
paragraph (1).
‘‘(g) REGULATIONS.—The Secretary of the Navy shall prescribe
regulations to carry out this section.’’.
(2) The table of sections at the beginning of chapter 5 of
title 37, United States Code, is amended by inserting after the
item relating to section 318 the following new item:
‘‘319. Special pay: surface warfare officer continuation pay.’’.

(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on October 1, 1999.

37 USC 319 note.

SEC. 628. AUTHORIZATION OF CAREER ENLISTED FLYER INCENTIVE
PAY.

(a) INCENTIVE PAY AUTHORIZED.—(1) Chapter 5 of title 37,
United States Code, is amended by inserting after section 319,
as added by section 627, the following new section:
‘‘§ 320. Incentive pay: career enlisted flyers
‘‘(a) ELIGIBLE CAREER ENLISTED FLYER DEFINED.—In this section, the term ‘eligible career enlisted flyer’ means an enlisted
member of the armed forces who—
‘‘(1) is entitled to basic pay under section 204 of this title,
or is entitled to pay under section 206 of this title as described
in subsection (e) of this section;
‘‘(2) holds an enlisted military occupational specialty or
enlisted military rating designated as a career enlisted flyer
specialty or rating by the Secretary concerned, performs duty
as a dropsonde system operator, or is in training leading to
qualification and designation of such a specialty or rating or
the performance of such duty;
‘‘(3) is qualified for aviation service under regulations prescribed by the Secretary concerned; and
‘‘(4) satisfies the operational flying duty requirements
applicable under subsection (c).
‘‘(b) INCENTIVE PAY AUTHORIZED.—(1) The Secretary concerned
may pay monthly incentive pay to an eligible career enlisted flyer

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in an amount not to exceed the monthly maximum amounts specified in subsection (d). The incentive pay may be paid as continuous
monthly incentive pay or on a month-to-month basis, dependent
upon the operational flying duty performed by the eligible career
enlisted flyer as prescribed in subsection (c).
‘‘(2) Continuous monthly incentive pay may not be paid to
an eligible career enlisted flyer after the member completes 25
years of aviation service. Thereafter, an eligible career enlisted
flyer may still receive incentive pay on a month-to-month basis
under subsection (c)(4) for the frequent and regular performance
of operational flying duty.
‘‘(c) OPERATIONAL FLYING DUTY REQUIREMENTS.—(1) An eligible
career enlisted flyer must perform operational flying duties for
6 of the first 10, 9 of the first 15, and 14 of the first 20 years
of aviation service, to be eligible for continuous monthly incentive
pay under this section.
‘‘(2) Upon completion of 10, 15, or 20 years of aviation service,
an enlisted member who has not performed the minimum required
operational flying duties specified in paragraph (1) during the prescribed period, although otherwise meeting the definition in subsection (a), may no longer be paid continuous monthly incentive
pay except as provided in paragraph (3). Payment of continuous
monthly incentive pay may be resumed if the member meets the
minimum operational flying duty requirement upon completion of
the next established period of aviation service.
‘‘(3) For the needs of the service, the Secretary concerned may
permit, on a case-by-case basis, a member to continue to receive
continuous monthly incentive pay despite the member’s failure to
perform the operational flying duty required during the first 10,
15, or 20 years of aviation service, but only if the member otherwise
meets the definition in subsection (a) and has performed at least
5 years of operational flying duties during the first 10 years of
aviation service, 8 years of operational flying duties during the
first 15 years of aviation service, or 12 years of operational flying
duty during the first 20 years of aviation service. The authority
of the Secretary concerned under this paragraph may not be delegated below the level of the Service Personnel Chief.
‘‘(4) If the eligibility of an eligible career enlisted flyer to continuous monthly incentive pay ceases under subsection (b)(2) or paragraph (2), the member may still receive month-to-month incentive
pay for subsequent frequent and regular performance of operational
flying duty. The rate payable is the same rate authorized by the
Secretary concerned under subsection (d) for a member of corresponding years of aviation service.
‘‘(d) MONTHLY MAXIMUM RATES.—The monthly rate of any
career enlisted flyer incentive pay paid under this section to a
member on active duty shall be prescribed by the Secretary concerned, but may not exceed the following:
‘‘Years of aviation service
Monthly rate
4 or less .............................................................................................
$150
Over 4 ................................................................................................
$225
Over 8 ................................................................................................
$350
Over 14 ..............................................................................................
$400.
Regulations.

‘‘(e) ELIGIBILITY OF RESERVE COMPONENT MEMBERS WHEN PERINACTIVE DUTY TRAINING.—Under regulations prescribed
by the Secretary concerned, when a member of a reserve component
or the National Guard, who is entitled to compensation under
FORMING

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section 206 of this title, meets the definition of eligible career
enlisted flyer, the Secretary concerned may increase the member’s
compensation by an amount equal to 1⁄30 of the monthly incentive
pay authorized by the Secretary concerned under subsection (d)
for a member of corresponding years of aviation service who is
entitled to basic pay under section 204 of this title. The reserve
component member may receive the increase for as long as the
member is qualified for it, for each regular period of instruction
or period of appropriate duty, at which the member is engaged
for at least two hours, or for the performance of such other equivalent training, instruction, duty or appropriate duties, as the Secretary may prescribe under section 206(a) of this title.
‘‘(f) RELATION TO HAZARDOUS DUTY INCENTIVE PAY OR DIVING
DUTY SPECIAL PAY.—A member receiving incentive pay under section 301(a) of this title or special pay under section 304 of this
title may not be paid special pay under this section for the same
period of service.
‘‘(g) SAVE PAY PROVISION.—If, immediately before a member
receives incentive pay under this section, the member was entitled
to incentive pay under section 301(a) of this title, the rate at
which the member is paid incentive pay under this section shall
be equal to the higher of the monthly amount applicable under
subsection (d) or the rate of incentive pay the member was receiving
under subsection (b) or (c)(2)(A) of section 301 of this title.
‘‘(h) SPECIALTY CODE OF DROPSONDE SYSTEM OPERATORS.—
Within the Air Force, the Secretary of the Air Force shall assign
to members who are dropsonde system operators a specialty code
that identifies such members as serving in a weather specialty.
‘‘(i) DEFINITIONS.—In this section:
‘‘(1) The term ‘aviation service’ means participation in
aerial flight performed, under regulations prescribed by the
Secretary concerned, by an eligible career enlisted flyer.
‘‘(2) The term ‘operational flying duty’ means flying performed under competent orders while serving in assignments,
including an assignment as a dropsonde system operator, in
which basic flying skills normally are maintained in the
performance of assigned duties as determined by the Secretary
concerned, and flying duty performed by members in training
that leads to the award of an enlisted aviation rating or military
occupational specialty designated as a career enlisted flyer
rating or specialty by the Secretary concerned.’’.
(2) The table of sections at the beginning of chapter 5 of
title 37, United States Code, is amended by inserting after the
item relating to section 319 the following new item:
‘‘320. Incentive pay: career enlisted flyers.’’.

(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on October 1, 1999.

37 USC 320 note.

SEC. 629. AUTHORIZATION OF JUDGE ADVOCATE CONTINUATION PAY.

(a) INCENTIVE PAY AUTHORIZED.—(1) Chapter 5 of title 37,
United States Code, is amended by inserting after section 320,
as added by section 628, the following new section:
‘‘§ 321. Special pay: judge advocate continuation pay
‘‘(a) ELIGIBLE JUDGE ADVOCATE DEFINED.—In this section, the
term ‘eligible judge advocate’ means an officer of the armed forces
on full-time active duty who—

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‘‘(1) is qualified and serving as a judge advocate, as defined
in section 801 of title 10; and
‘‘(2) has completed—
‘‘(A) the active duty service obligation incurred through
the officer’s original commissioning program; or
‘‘(B) in the case of an officer detailed under section
2004 of title 10 or section 470 of title 14, the active duty
service obligation incurred as part of that detail.
‘‘(b) SPECIAL PAY AUTHORIZED.—An eligible judge advocate who
executes a written agreement to remain on active duty for a period
of obligated service specified in the agreement may, upon the acceptance of the agreement by the Secretary concerned, be paid continuation pay under this section. The total amount paid to an officer
under one or more agreements under this section may not exceed
$60,000.
‘‘(c) PRORATION.—The term of an agreement under subsection
(b) and the amount payable under the agreement may be prorated.
‘‘(d) PAYMENT METHODS.—Upon acceptance of an agreement
under subsection (b) by the Secretary concerned, the total amount
payable pursuant to the agreement becomes fixed. The Secretary
shall prepare an implementation plan specifying the amount of
each installment payment under the agreement and the times for
payment of the installments.
‘‘(e) ADDITIONAL PAY.—Any amount paid to an officer under
this section is in addition to any other pay and allowances to
which the officer is entitled.
‘‘(f) REPAYMENT.—(1) If an officer who has entered into a written
agreement under subsection (b) and has received all or part of
the amount payable under the agreement fails to complete the
total period of active duty specified in the agreement, the Secretary
concerned may require the officer to repay the United States, to
the extent that the Secretary determines conditions and circumstances warrant, any or all sums paid under this section.
‘‘(2) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States.
‘‘(3) A discharge in bankruptcy under title 11 that is entered
less than five years after the termination of an agreement entered
into under subsection (b) does not discharge the officer signing
the agreement from a debt arising under such agreement or under
paragraph (1).
‘‘(g) REGULATIONS.—The Secretary concerned shall prescribe
regulations to carry out this section.’’.
(2) The table of sections at the beginning of chapter 5 of
title 37, United States Code, is amended by inserting after the
item relating to section 320 the following new item:
‘‘321. Special pay: judge advocate continuation pay.’’.

Deadline.

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(b) STUDY AND REPORT ON ADDITIONAL RECRUITMENT AND
RETENTION INITIATIVES.—(1) The Secretary of Defense shall conduct
a study regarding the need for additional incentives to improve
the recruitment and retention of judge advocates for the Armed
Forces. At a minimum, the Secretary shall consider as possible
incentives constructive service credit for basic pay, educational loan
repayment, and Federal student loan relief.
(2) Not later than March 31, 2000, the Secretary shall submit
to Congress a report containing the findings and recommendations
resulting from the study.

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37 USC 321 note.

Subtitle C—Travel and Transportation
Allowances
SEC. 631. PROVISION OF LODGING IN KIND FOR RESERVISTS PERFORMING TRAINING DUTY AND NOT OTHERWISE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES.

(a) PROVISION.—Paragraph (1) of subsection (i) of section 404
of title 37, United States Code, is amended by adding at the end
the following new sentence: ‘‘If transient government housing is
unavailable or inadequate, the Secretary concerned may provide
the member with lodging in kind in the same manner as members
entitled to such allowances under subsection (a).’’.
(b) PAYMENT METHODS.—Paragraph (3) of such subsection is
amended—
(1) by inserting after ‘‘paragraph (1)’’ the following: ‘‘and
expenses of providing lodging in kind under such paragraph’’;
and
(2) by adding at the end the following new sentence: ‘‘Use
of Government charge cards is authorized for payment of these
expenses.’’.
(c) DECISIONMAKING.—Such subsection is further amended by
adding at the end the following new paragraph:
‘‘(4) Decisions regarding the availability or adequacy of government housing at a military installation under paragraph (1) shall
be made by the installation commander.’’.
SEC. 632. PAYMENT OF TEMPORARY LODGING EXPENSES FOR MEMBERS MAKING THEIR FIRST PERMANENT CHANGE OF STATION.

(a) AUTHORITY TO PAY OR REIMBURSE.—Section 404a(a) of title
37, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘or’’ at the end;
(2) in paragraph (2), by inserting ‘‘or’’ after the semicolon;
and
(3) by inserting after paragraph (2) the following new paragraph:
‘‘(3) in the case of an enlisted member who is reporting
to the member’s first permanent duty station, from the member’s home of record or initial technical school to that first
permanent duty station;’’.
(b) DURATION.—Such section is further amended—
(1) in the second sentence, by striking ‘‘clause (1)’’ and
inserting ‘‘paragraph (1) or (3)’’; and
(2) in the third sentence, by striking ‘‘clause (2)’’ and
inserting ‘‘paragraph (2)’’.
SEC. 633. DESTINATION AIRPORT FOR EMERGENCY LEAVE TRAVEL
TO CONTINENTAL UNITED STATES.

Section 411d(b)(1) of title 37, United States Code, is amended—
(1) in subparagraph (A), by striking ‘‘or’’ at the end;
(2) by redesignating subparagraph (B) as subparagraph
(C); and

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(3) by inserting after subparagraph (A) the following new
subparagraph:
‘‘(B) to any airport in the continental United States to
which travel can be arranged at the same or a lower cost
as travel obtained under subparagraph (A); or’’.

Subtitle D—Retired Pay Reform
SEC. 641. REDUX RETIRED PAY SYSTEM APPLICABLE ONLY TO MEMBERS ELECTING NEW 15-YEAR CAREER STATUS BONUS.

(a) RETIRED PAY MULTIPLIER.—Paragraph (2) of section 1409(b)
of title 10, United States Code, is amended by inserting after
‘‘July 31, 1986,’’ the following: ‘‘has elected to receive a bonus
under section 322 of title 37,’’.
(b) COST-OF-LIVING ADJUSTMENTS.—(1) Paragraph (2) of section
1401a(b) of such title is amended by striking ‘‘The Secretary shall
increase the retired pay of each member and former member who
first became a member of a uniformed service before August 1,
1986,’’ and inserting ‘‘Except as otherwise provided in this subsection, the Secretary shall increase the retired pay of each member
and former member’’.
(2) Paragraph (3) of such section is amended by inserting after
‘‘August 1, 1986,’’ the following: ‘‘and has elected to receive a bonus
under section 322 of title 37,’’.
(c) RECOMPUTATION OF RETIRED PAY AT AGE 62.—Section 1410
of such title is amended by inserting after ‘‘August 1, 1986,’’ the
following: ‘‘who has elected to receive a bonus under section 322
of title 37,’’.
SEC. 642. AUTHORIZATION OF 15-YEAR CAREER STATUS BONUS.

(a) CAREER SERVICE BONUS.—Chapter 5 of title 37, United
States Code, is amended by inserting after section 321, as added
by section 629, the following new section:
‘‘§ 322. Special pay: 15-year career status bonus for members
entering service on or after August 1, 1986
‘‘(a) AVAILABILITY OF BONUS.—The Secretary concerned shall
pay a bonus under this section to an eligible career bonus member
if the member—
‘‘(1) elects to receive the bonus under this section; and
‘‘(2) executes a written agreement (prescribed by the Secretary concerned) to remain continuously on active duty until
the member has completed 20 years of active-duty service creditable under section 1405 of title 10.
‘‘(b) ELIGIBLE CAREER BONUS MEMBER DEFINED.—In this section, the term ‘eligible career bonus member’ means a member
of a uniformed service serving on active duty who—
‘‘(1) first became a member on or after August 1, 1986;
and
‘‘(2) has completed 15 years of active duty in the uniformed
services (or has received notification under subsection (e) that
the member is about to complete that duty).
‘‘(c) ELECTION METHOD.—An election under subsection (a)(1)
shall be made in such form and within such period as the Secretary
concerned may prescribe. An election under that subsection is irrevocable.

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113 STAT. 663

‘‘(d) AMOUNT OF BONUS; PAYMENT.—(1) A bonus under this
section shall be paid in a single lump sum of $30,000.
‘‘(2) The bonus shall be paid to an eligible career bonus member
not later than the first month that begins on or after the date
that is 60 days after the date on which the Secretary concerned
receives from the member the election required under subsection
(a)(1) and the written agreement required under subsection (a)(2),
if applicable.
‘‘(e) NOTIFICATION OF ELIGIBILITY.—(1) The Secretary concerned
shall transmit to each member who meets the definition of eligible
career bonus member a written notification of the opportunity of
the member to elect to receive a bonus under this section. The
Secretary shall provide the notification not later than 180 days
before the date on which the member will complete 15 years of
active duty.
‘‘(2) The notification shall include the following:
‘‘(A) The procedures for electing to receive the bonus.
‘‘(B) An explanation of the effects under sections 1401a,
1409, and 1410 of title 10 that such an election has on the
computation of any retired or retainer pay that the member
may become eligible to receive.
‘‘(f) REPAYMENT OF BONUS.—(1) If a person paid a bonus under
this section fails to complete a period of active duty beginning
on the date on which the election of the person under subsection
(a)(1) is received and ending on the date on which the person
completes 20 years of active-duty service as described in subsection
(a)(2), the person shall refund to the United States the amount
that bears the same ratio to the amount of the bonus payment
as the uncompleted part of that period of active-duty service bears
to the total period of such service.
‘‘(2) Subject to paragraph (3), an obligation to reimburse the
United States imposed under paragraph (1) is for all purposes
a debt owed to the United States.
‘‘(3) The Secretary concerned may waive, in whole or in part,
a refund required under paragraph (1) if the Secretary concerned
determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United
States.
‘‘(4) A discharge in bankruptcy under title 11 that is entered
less than five years after the termination of an agreement under
this section does not discharge the member signing such agreement
from a debt arising under the agreement or this subsection.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating
to section 321 the following new item:

Deadline.

Notification.
Deadline.

‘‘322. Special pay: 15-year career status bonus for members entering service on or
after August 1, 1986.’’.
SEC. 643. CONFORMING AMENDMENTS.

(a) CONFORMING AMENDMENT TO SURVIVOR BENEFIT PLAN
PROVISION.—(1) Section 1451(h)(3) of title 10, United States Code,
is amended by inserting ‘‘OF CERTAIN MEMBERS’’ after ‘‘RETIREMENT’’.
(2) Section 1452(i) of such title is amended by striking ‘‘When
the retired pay’’ and inserting ‘‘Whenever the retired pay’’.
(b) RELATED TECHNICAL AMENDMENTS.—Chapter 71 of such
title is amended as follows:
(1) Section 1401a(b) is amended—

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PUBLIC LAW 106–65—OCT. 5, 1999
(A) by striking the heading for paragraph (1) and
inserting ‘‘INCREASE REQUIRED.—’’;
(B) by striking the heading for paragraph (2) and
inserting ‘‘PERCENTAGE INCREASE.—’’; and
(C) by striking the heading for paragraph (3) and
inserting ‘‘REDUCED PERCENTAGE FOR CERTAIN POST-AUGUST
1, 1986 MEMBERS.—’’.
(2) Section 1409(b)(2) is amended by inserting ‘‘CERTAIN’’
in the paragraph heading after ‘‘REDUCTION APPLICABLE TO’’.
(3)(A) The heading of section 1410 is amended by inserting
‘‘certain’’ before ‘‘members’’.
(B) The item relating to such section in the table of sections
at the beginning of such chapter is amended by inserting ‘‘certain’’ before ‘‘members’’.

10 USC 1401a
note.

SEC. 644. EFFECTIVE DATE.

The amendments made by sections 641, 642, and 643 shall
take effect on October 1, 1999.

Subtitle E—Other Matters Relating to
Military Retirees and Survivors
SEC. 651. REPEAL OF REDUCTION IN RETIRED PAY FOR MILITARY
RETIREES EMPLOYED IN CIVILIAN POSITIONS.

10 USC 1466
note.

(a) REPEAL.—(1) Section 5532 of title 5, United States Code,
is repealed.
(2) The table of sections at the beginning of chapter 55 of
such title is amended by striking the item relating to section 5532.
(b) CONTRIBUTIONS TO DEPARTMENT OF DEFENSE MILITARY
RETIREMENT FUND.—Section 1466 of title 10, United States Code,
is amended by adding at the end the following new subsection:
‘‘(c)(1) The Secretary of Defense shall pay into the Fund at
the beginning of each fiscal year such amount as may be necessary
to pay the cost to the Fund for that fiscal year resulting from
the repeal, as of October 1, 1999, of section 5532 of title 5, including
any actuarial loss to the Fund resulting from increased benefits
paid from the Fund that are not fully covered by the payments
made to the Fund for that fiscal year under subsections (a) and
(b).
‘‘(2) Amounts paid into the Fund under this subsection shall
be paid from funds available for the pay of members of the armed
forces under the jurisdiction of the Secretary of a military department.
‘‘(3) The Department of Defense Retirement Board of Actuaries
shall determine, for each armed force, the amount required under
paragraph (1) to be deposited in the Fund each fiscal year.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 1, 1999.
SEC. 652. PRESENTATION OF UNITED STATES FLAG TO RETIRING
MEMBERS OF THE UNIFORMED SERVICES NOT PREVIOUSLY COVERED.

(a) NONREGULAR SERVICE MILITARY RETIREES.—(1) Chapter
1217 of title 10, United States Code, is amended by adding at
the end the following new section:

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113 STAT. 665

‘‘§ 12605. Presentation of United States flag: members transferred from an active status or discharged after
completion of eligibility for retired pay
‘‘(a) PRESENTATION OF FLAG.—Upon the transfer from an active
status or discharge of a Reserve who has completed the years
of service required for eligibility for retired pay under chapter
1223 of this title, the Secretary concerned shall present a United
States flag to the member.
‘‘(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED.—A member
is not eligible for presentation of a flag under subsection (a) if
the member has previously been presented a flag under this section
or any provision of law providing for the presentation of a United
States flag incident to release from active service for retirement.
‘‘(c) NO COST TO RECIPIENT.—The presentation of a flag under
this section shall be at no cost to the recipient.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘12605. Presentation of United States flag: members transferred from an active status or discharged after completion of eligibility for retired pay.’’.

(b) PUBLIC HEALTH SERVICE.—Title II of the Public Health
Service Act is amended by inserting after section 212 (42 U.S.C.
213) the following new section:
‘‘PRESENTATION

OF UNITED STATES FLAG UPON RETIREMENT

‘‘SEC. 213. (a) PRESENTATION OF FLAG.—Upon the release of
an officer of the commissioned corps of the Service from active
commissioned service for retirement, the Secretary of Health and
Human Services shall present a United States flag to the officer.
‘‘(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED.—An officer
is not eligible for presentation of a flag under subsection (a) if
the officer has previously been presented a flag under this section
or any other provision of law providing for the presentation of
a United States flag incident to release from active service for
retirement.
‘‘(c) NO COST TO RECIPIENT.—The presentation of a flag under
this section shall be at no cost to the recipient.’’.
(c) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.—
The Coast and Geodetic Survey Commissioned Officers’ Act of 1948
is amended by inserting after section 24 (33 U.S.C. 853u) the
following new section:
‘‘SEC. 25. (a) PRESENTATION OF FLAG UPON RETIREMENT.—Upon
the release of a commissioned officer from active commissioned
service for retirement, the Secretary of Commerce shall present
a United States flag to the officer.
‘‘(b) MULTIPLE PRESENTATIONS NOT AUTHORIZED.—An officer
is not eligible for presentation of a flag under subsection (a) if
the officer has previously been presented a flag under this section
or any other provision of law providing for the presentation of
a United States flag incident to release from active service for
retirement.
‘‘(c) NO COST TO RECIPIENT.—The presentation of a flag under
this section shall be at no cost to the recipient.’’.
(d) EFFECTIVE DATE.—Section 12605 of title 10, United States
Code (as added by subsection (a)), section 213 of the Public Health
Service Act (as added by subsection (b)), and section 25 of the
Coast and Geodetic Survey Commissioned Officers’ Act of 1948

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33 USC 853v.

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(as added by subsection (c)) shall apply with respect to releases
from service described in those sections on or after October 1,
1999.
(e) CONFORMING AMENDMENTS TO PRIOR LAW.—Sections
3681(b), 6141(b), and 8681(b) of title 10, United States Code, and
section 516(b) of title 14, United States Code, are each amended
by striking ‘‘under this section’’ and all that follows through the
period and inserting ‘‘under this section or any other provision
of law providing for the presentation of a United States flag incident
to release from active service for retirement.’’.
SEC. 653. DISABILITY RETIREMENT OR SEPARATION FOR CERTAIN
MEMBERS WITH PRE-EXISTING CONDITIONS.

(a) DISABILITY RETIREMENT.—(1) Chapter 61 of title 10, United
States Code, is amended by inserting after section 1207 the following new section:
‘‘§ 1207a. Members with over eight years of active service:
eligibility for disability retirement for preexisting conditions
‘‘(a) In the case of a member described in subsection (b) who
would be covered by section 1201, 1202, or 1203 of this title but
for the fact that the member’s disability is determined to have
been incurred before the member became entitled to basic pay
in the member’s current period of active duty, the disability shall
be deemed to have been incurred while the member was entitled
to basic pay and shall be so considered for purposes of determining
whether the disability was incurred in the line of duty.
‘‘(b) A member described in subsection (a) is a member with
at least eight years of active service.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1207
the following new item:
‘‘1207a. Members with over eight years of active service: eligibility for disability retirement for pre-existing conditions.’’.

(b) NONREGULAR SERVICE RETIREMENT.—(1) Chapter 1223 of
such title is amended by inserting after section 12731a the following
new section:
‘‘§ 12731b. Special rule for members with physical disabilities not incurred in line of duty
‘‘(a) In the case of a member of the Selected Reserve of a
reserve component who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit
because of physical disability, the Secretary concerned may, for
purposes of section 12731 of this title, determine to treat the
member as having met the service requirements of subsection (a)(2)
of that section and provide the member with the notification
required by subsection (d) of that section if the member has completed at least 15, and less than 20, years of service computed
under section 12732 of this title.
‘‘(b) Notification under subsection (a) may not be made if—
‘‘(1) the disability was the result of the member’s intentional misconduct, willful neglect, or willful failure to comply
with standards and qualifications for retention established by
the Secretary concerned; or

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113 STAT. 667

‘‘(2) the disability was incurred during a period of unauthorized absence.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 12731a
the following new item:
‘‘12731b. Special rule for members with physical disabilities not incurred in line of
duty.’’.

(c) SEPARATION.—Section 1206(5) of such title is amended by
inserting ‘‘, in the case of a disability incurred before the date
of the enactment of the National Defense Authorization Act for
Fiscal Year 2000,’’ after ‘‘determination, and’’.
SEC. 654. CREDIT TOWARD PAID-UP SBP COVERAGE FOR MONTHS
COVERED BY MAKE-UP PREMIUM PAID BY PERSONS
ELECTING SBP COVERAGE DURING SPECIAL OPEN
ENROLLMENT PERIOD.

Section 642 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112
Stat. 2045; 10 U.S.C. 1448 note) is amended—
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new subsection (h):
‘‘(h) CREDIT TOWARD PAID-UP COVERAGE.—Upon payment of
the total amount of the premiums charged a person under subsection (g), the retired pay of a person participating in the Survivor
Benefit Plan pursuant to an election under this section shall be
treated, for the purposes of subsection (j) of section 1452 of title
10, United States Code, as having been reduced under such section
1452 for the months in the period for which the person’s retired
pay would have been reduced if the person had elected to participate
in the Survivor Benefit Plan at the first opportunity that was
afforded the person to participate.’’.
SEC. 655. PAID-UP COVERAGE UNDER
FAMILY PROTECTION PLAN.

RETIRED

SERVICEMAN’S

(a) CONDITIONS.—Subchapter I of chapter 73 of title 10, United
States Code, is amended by inserting after section 1436 the following new section:
‘‘§ 1436a. Coverage paid up at 30 years and age 70
‘‘Effective October 1, 2008, a reduction under this subchapter
in the retired or retainer pay of a person electing an annuity
under this subchapter may not be made for any month after the
later of—
‘‘(1) the month that is the 360th month for which that
person’s retired or retainer pay is reduced pursuant to such
an election; and
‘‘(2) the month during which that person attains 70 years
of age.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by inserting after the item
relating to section 1436 the following new item:

Effective date.

‘‘1436a. Coverage paid up at 30 years and age 70.’’.

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PUBLIC LAW 106–65—OCT. 5, 1999

SEC. 656. EXTENSION OF AUTHORITY FOR PAYMENT OF ANNUITIES
TO CERTAIN MILITARY SURVIVING SPOUSES.

10 USC 1448
note.

10 USC 1450
note.

(a) COVERAGE OF SURVIVING SPOUSES OF ALL ‘‘GRAY-AREA’’
RETIREES.—Subsection (a)(1)(B) of section 644 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105–
85; 111 Stat. 1800; 10 U.S.C. 1448 note) is amended by striking
‘‘during the period beginning on September 21, 1972, and ending
on’’ and inserting ‘‘before’’.
(b) PERMANENT AUTHORITY FOR PAYMENT OF ANNUITIES.—Subsection (f) of such section is repealed.
(c) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply with respect to annuities payable for months beginning
after September 30, 1999.
SEC. 657. EFFECTUATION OF INTENDED SBP ANNUITY FOR FORMER
SPOUSE WHEN NOT ELECTED BY REASON OF UNTIMELY
DEATH OF RETIREE.

(a) CASES NOT COVERED BY EXISTING AUTHORITY.—Paragraph
(3) of section 1450(f) of title 10, United States Code, as in effect
on the date of the enactment of this Act, shall apply in the case
of a former spouse of any person referred to in that paragraph
who—
(1) incident to a proceeding of divorce, dissolution, or
annulment—
(A) entered into a written agreement on or after August
21, 1983, to make an election under section 1448(b) of
such title to provide an annuity to the former spouse (the
agreement thereafter having been incorporated in or ratified or approved by a court order or filed with the court
of appropriate jurisdiction in accordance with applicable
State law); or
(B) was required by a court order dated on or after
such date to make such an election for the former spouse;
and
(2) before making the election, died within 21 days after
the date of the agreement referred to in paragraph (1)(A) or
the court order referred to in paragraph (1)(B), as the case
may be.
(b) ADJUSTED TIME LIMIT FOR REQUEST BY FORMER SPOUSE.—
For the purposes of paragraph (3)(C) of section 1450(f) of title
10, United States Code, a court order or filing referred to in subsection (a)(1) of this section that is dated before October 19, 1984,
shall be deemed to be dated on the date of the enactment of
this Act.
SEC. 658. SPECIAL COMPENSATION FOR SEVERELY DISABLED UNIFORMED SERVICES RETIREES.

(a) AUTHORITY.—(1) Chapter 71 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 1413. Special compensation for certain severely disabled
uniformed services retirees
‘‘(a) AUTHORITY.—The Secretary concerned shall pay to each
eligible disabled uniformed services retiree a monthly amount determined under subsection (b).

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‘‘(b) AMOUNT.—The amount to be paid to an eligible disabled
uniformed services retiree in accordance with subsection (a) is the
following:
‘‘(1) For any month for which the retiree has a qualifying
service-connected disability rated as total, $300.
‘‘(2) For any month for which the retiree has a qualifying
service-connected disability rated as 90 percent, $200.
‘‘(3) For any month for which the retiree has a qualifying
service-connected disability rated as 80 percent or 70 percent,
$100.
‘‘(c) ELIGIBLE MEMBERS.—An eligible disabled uniformed services retiree referred to in subsection (a) is a member of the uniformed services in a retired status (other than a member who
is retired under chapter 61 of this title) who—
‘‘(1) completed at least 20 years of service in the uniformed
services that are creditable for purposes of computing the
amount of retired pay to which the member is entitled; and
‘‘(2) has a qualifying service-connected disability.
‘‘(d) QUALIFYING SERVICE-CONNECTED DISABILITY DEFINED.—
In this section, the term ‘qualifying service-connected disability’
means a service-connected disability that—
‘‘(1) was incurred or aggravated in the performance of
duty as a member of a uniformed service, as determined by
the Secretary concerned; and
‘‘(2) is rated as not less than 70 percent disabling—
‘‘(A) by the Secretary concerned as of the date on
which the member is retired from the uniformed services;
or
‘‘(B) by the Secretary of Veterans Affairs within four
years following the date on which the member is retired
from the uniformed services.
‘‘(e) STATUS OF PAYMENTS.—Payments under this section are
not retired pay.
‘‘(f) SOURCE OF FUNDS.—Payments under this section for any
fiscal year shall be paid out of funds appropriated for pay and
allowances payable by the Secretary concerned for that fiscal year.
‘‘(g) OTHER DEFINITIONS.—In this section:
‘‘(1) The term ‘service-connected’ has the meaning given
that term in section 101 of title 38.
‘‘(2) The term ‘disability rated as total’ means—
‘‘(A) a disability that is rated as total under the
standard schedule of rating disabilities in use by the
Department of Veterans Affairs; or
‘‘(B) a disability for which the scheduled rating is less
than total but for which a rating of total is assigned by
reason of inability of the disabled person concerned to
secure or follow a substantially gainful occupation as a
result of service-connected disabilities.
‘‘(3) The term ‘retired pay’ includes retainer pay, emergency
officers’ retirement pay, and naval pension.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘1413. Special compensation for certain severely disabled uniformed services retirees.’’.

(b) EFFECTIVE DATE.—Section 1413 of title 10, United States
Code, as added by subsection (a), shall take effect on October
1, 1999, and shall apply to months that begin on or after that

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date. No benefit may be paid to any person by reason of that
section for any period before that date.

Subtitle F—Eligibility to Participate in the
Thrift Savings Plan
SEC. 661. PARTICIPATION IN THRIFT SAVINGS PLAN.

(a) PARTICIPATION AUTHORITY.—(1)(A) Chapter 3 of title 37,
United States Code, is amended by adding at the end the following:
‘‘§ 211. Participation in Thrift Savings Plan
‘‘(a) DEFINITION.—In this section, the term ‘member’ means—
‘‘(1) a member of the uniformed services serving on active
duty; and
‘‘(2) a member of the Ready Reserve in any pay status.
‘‘(b) AUTHORITY.—Any member may participate in the Thrift
Savings Plan in accordance with section 8440e of title 5.
‘‘(c) RULE OF CONSTRUCTION REGARDING SEPARATION.—For purposes of subchapters III and VII of chapter 84 of title 5, each
of the following actions shall, in the case of a member participating
in the Thrift Savings Plan in accordance with section 8440e of
such title, be considered a separation from Government employment:
‘‘(1) Release of the member from active duty, not followed,
before the end of the 31-day period beginning on the day
following the effective date of the release, by—
‘‘(A) a resumption of active duty; or
‘‘(B) an appointment to a position covered by chapter
83 or 84 of title 5 or an equivalent retirement system,
as identified by the Executive Director (appointed by the
Federal Retirement Thrift Investment Board) in regulations.
‘‘(2) Transfer of the member to inactive status, or to a
retired list pursuant to any provision of title 10.’’.
(B) The table of sections at the beginning of such chapter
is amended by adding at the end the following:
‘‘211. Participation in Thrift Savings Plan.’’.

(2)(A) Subchapter III of chapter 84 of title 5, United States
Code, is amended by adding at the end the following:
‘‘§ 8440e. Members of the uniformed services
‘‘(a) For purposes of this section—
‘‘(1) the term ‘member’ has the meaning given such term
by section 211 of title 37; and
‘‘(2) the term ‘basic pay’ means basic pay payable under
section 204 of title 37.
‘‘(b)(1) Any member eligible to participate in the Thrift Savings
Plan by virtue of section 211(b) of title 37 may contribute to the
Thrift Savings Fund.
‘‘(2)(A) Except as provided in subparagraph (B), an election
to contribute to the Thrift Savings Fund under this section may
be made only during a period provided under section 8432(b), subject
to the same conditions as prescribed under paragraph (2) (A)–
(D) thereof.

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‘‘(B)(i) Notwithstanding subparagraph (A), any individual who
is a member as of the effective date described in paragraph (1)
of section 663(a) of the National Defense Authorization Act for
Fiscal Year 2000 (or, if applicable, paragraph (2) thereof) may
make the first such election during the 60-day period beginning
on such effective date.
‘‘(ii) An election made under this subparagraph shall take effect
on the first day of the first applicable pay period beginning after
the close of the 60-day period referred to in clause (i).
‘‘(c) Except as otherwise provided in this section, the provisions
of this subchapter and subchapter VII shall apply with respect
to members making contributions to the Thrift Savings Fund, and
such members shall, for purposes of this subchapter and subchapter
VII, be considered employees within the meaning of section
8401(11).
‘‘(d)(1)(A) The amount contributed by a member described in
section 211(a)(1) of title 37 for any pay period out of basic pay
may not exceed 5 percent of such member’s basic pay for such
pay period.
‘‘(B) The amount contributed by a member described in section
211(a)(2) of title 37 for any pay period out of any compensation
received under section 206 of title 37 may not exceed 5 percent
of such compensation, payable to such member for such pay period.
‘‘(2) A member making contributions to the Thrift Savings
Fund out of basic pay, or out of compensation under section 206
of title 37, may also contribute (by direct transfer to the Fund)
any part of any special or incentive pay that such member receives
under chapter 5 of title 37.
‘‘(3) Nothing in this section or section 211 of title 37 shall
be considered to waive any dollar limitation under the Internal
Revenue Code of 1986 which otherwise applies with respect to
the Thrift Savings Fund.
‘‘(e) Except as provided in section 211(d) of title 37, no contribution under section 8432(c) of this title may be made for the benefit
of a member making contributions to the Thrift Savings Fund
under this section.’’.
(B) The table of sections at the beginning of chapter 84 of
title 5, United States Code, is amended by adding after the item
relating to section 8440d the following:
‘‘8440e. Members of the uniformed services.’’.

(3)(A) Section 8432b(b)(2)(B) of title 5, United States Code,
is amended by inserting ‘‘or 8440e’’ after ‘‘section 8432(a)’’.
(B)(i) Section 8351(b) of title 5, United States Code, is amended
by redesignating paragraph (11) as paragraph (8).
(ii) Subparagraph (A) of section 8351(b)(8) of such title 5 (as
so redesignated by clause (i)) is amended by striking the semicolon
and inserting the following: ‘‘, except that the reference in section
8432b(b)(2)(B) to employee contributions under section 8432(a) shall
be considered a reference to employee contributions under this
subchapter and section 8440e;’’.
(C) Subsection (c) of section 8432b of such title 5 is amended
by redesignating paragraphs (1) and (2) as subparagraphs (A) and
(B), respectively, by striking ‘‘(c)’’ and inserting ‘‘(c)(1)’’, and by
adding at the end the following:

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Deadline.
5 USC 8440e
note.

PUBLIC LAW 106–65—OCT. 5, 1999

‘‘(2) An employee to whom this section applies is entitled to
have contributed to the Thrift Savings Fund on such employee’s
behalf an amount equal to—
‘‘(A) the total contributions to which that individual would
have been entitled under section 8432(c)(2), based on the
amounts contributed by such individual under section 8440e
(other than under subsection (d)(2) thereof) with respect to
the period referred to in subsection (b)(2)(B), if those amounts
had been contributed by such individual under section 8432(a);
reduced by
‘‘(B) any contributions actually made on such employee’s
behalf under section 8432(c)(2) (including pursuant to an agreement under section 211(d) of title 37) with respect to the
period referred to in subsection (b)(2)(B).’’.
(4) Subsections (g)(1) and (h)(3) of section 8433 of title 5,
United States Code, are each amended by striking ‘‘under section
8432(a) of this title’’.
(5) Section 8439(a) of title 5, United States Code, is amended—
(A) in paragraph (1), by striking ‘‘under section 8432(c)(1)
of this title’’ and ‘‘under section 8351 of this title’’;
(B) in paragraph (2)(A)(i), by striking all after ‘‘individual’’
and inserting a semicolon; and
(C) in paragraph (2)(A)(ii), by striking all after ‘‘individual’’
and inserting ‘‘; and’’.
(6) Section 8473 of title 5, United States Code, is amended—
(A) in subsection (a), by striking ‘‘14 members’’ and
inserting ‘‘15 members’’; and
(B) in subsection (b)—
(i) by striking ‘‘14 members’’ and inserting ‘‘15 members’’;
(ii) by striking ‘‘and’’ at the end of paragraph (8);
(iii) by striking the period at the end of paragraph
(9) and inserting ‘‘; and’’; and
(iv) by adding at the end the following:
‘‘(10) 1 shall be appointed to represent participants (under
section 8440e) who are members of the uniformed services.’’.
(b) REGULATIONS.—Not later than the date on which qualifying
offsetting legislation (as defined in section 663(b)) is enacted or
180 days after the date of the enactment of this Act, whichever
is later, the Executive Director (appointed by the Federal Retirement Thrift Investment Board) shall issue regulations to implement
the amendments made by this subtitle.
SEC. 662. SPECIAL RETENTION INITIATIVE.

Section 211 of title 37, United States Code, as added by section
661, is amended by adding at the end the following:
‘‘(d) AGENCY CONTRIBUTIONS FOR RETENTION IN CRITICAL
SPECIALTIES.—(1) The Secretary concerned may enter into an agreement with a member to make contributions to the Thrift Savings
Fund for the benefit of the member if the member—
‘‘(A) is in a specialty designated by the Secretary as critical
to meet requirements (whether such specialty is designated
as critical to meet wartime or peacetime requirements); and
‘‘(B) commits in such agreement to continue to serve on
active duty in that specialty for a period of 6 years.
‘‘(2) Under any agreement entered into with a member under
paragraph (1), the Secretary shall make contributions to the Fund

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113 STAT. 673

for the benefit of the member for each pay period of the 6-year
period of the agreement for which the member makes a contribution
to the Fund under section 8440e of title 5 (other than under subsection (d)(2) thereof). Paragraph (2) of section 8432(c) of title
5 applies to the Secretary’s obligation to make contributions under
this paragraph, except that the reference in such paragraph (2)
to contributions under paragraph (1) of such section 8432(c) does
not apply.’’.
SEC. 663. EFFECTIVE DATE.

5 USC 8440 note.

(a) APPLICABILITY.—(1) Except as provided in paragraph (2),
the authority of members to participate in the Thrift Savings Plan
under section 211 of title 37, United States Code (as amended
by this subtitle) shall take effect on the date on which qualifying
offsetting legislation (as defined in subsection (b)) is enacted or
1 year after the date of the enactment of this Act, whichever
is later. As used in the preceding sentence, the term ‘‘member’’
has the meaning given such term by section 211 of such title
37 (as so amended).
(2)(A) The Secretary of Defense may postpone the authority
of members of the Ready Reserve to so participate in the Thrift
Savings Plan until 180 days after the date that would otherwise
apply under paragraph (1) if the Secretary, after consultation with
the Executive Director (appointed by the Federal Retirement Thrift
Investment Board), determines that permitting such members to
participate in the Thrift Savings Plan beginning on the date that
would otherwise apply under paragraph (1) would place an excessive
burden on the administrative capacity of the Board to accommodate
participants in the Thrift Savings Plan.
(B) The Secretary shall notify the congressional defense committees, the Committee on Government Reform of the House of Representatives, and the Committee on Governmental Affairs of the
Senate of any determination made under subparagraph (A).
(b) EFFECTIVENESS CONTINGENT ON OFFSETTING LEGISLATION.—
(1) The amendments made by this subtitle shall be effective only
if—
(A) the President, in the budget of the President for fiscal
year 2001, proposes legislation which, if enacted, would be
qualifying offsetting legislation; and
(B) there is enacted during the second session of the One
Hundred Sixth Congress qualifying offsetting legislation.
The preceding sentence shall not apply with respect to the amendment made by section 661(a)(3)(B)(i).
(2) For purposes of this subtitle:
(A) The term ‘‘qualifying offsetting legislation’’ means legislation (other than an appropriations Act) that includes provisions that—
(i) offset fully the decreased revenues for each of fiscal
years 2000 through 2009 to be made by reason of the
amendments made by this subtitle;
(ii) expressly state that they are enacted for the purpose of the offset described in clause (i); and
(iii) are included in full on the PayGo scorecard.
(B) The term ‘‘PayGo scorecard’’ means the estimates that
are made with respect to fiscal years through fiscal year 2009
by the Director of the Congressional Budget Office and the
Director of the Office of Management and Budget under section

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PUBLIC LAW 106–65—OCT. 5, 1999
252(d) of the Balanced Budget and Emergency Deficit Control
Act of 1985.

Subtitle G—Other Matters
SEC. 671. PAYMENT FOR UNUSED LEAVE IN CONJUNCTION WITH A
REENLISTMENT.

Section 501 of title 37, United States Code, is amended—
(1) in subsection (a)(1), by inserting ‘‘, termination of an
enlistment in conjunction with the commencement of a successive enlistment (without regard to the date of the expiration
of the term of the enlistment being terminated),’’ after ‘‘honorable conditions’’; and
(2) in subsection (b)(2), by striking ‘‘, or entering into an
enlistment,’’.
SEC. 672. CLARIFICATION OF PER DIEM ELIGIBILITY FOR MILITARY
TECHNICIANS (DUAL STATUS) SERVING ON ACTIVE DUTY
WITHOUT PAY OUTSIDE THE UNITED STATES.

37 USC 1002
note.

(a) AUTHORITY TO PROVIDE PER DIEM ALLOWANCE.—Section
1002(b) of title 37, United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) If a military technician (dual status), as described in section
10216 of title 10, is performing active duty without pay while
on leave from technician employment, as authorized by section
6323(d) of title 5, the Secretary concerned may authorize the payment of a per diem allowance to the military technician in lieu
of commutation for subsistence and quarters under paragraph (1).’’.
(b) TYPES OF OVERSEAS OPERATIONS.—Section 6323(d)(1) of title
5, United States Code, is amended by striking ‘‘noncombat’’.
(c) EFFECTIVE DATE.—The amendment made by subsection (a)
shall be effective as of February 10, 1996, as if included in section
1039 of the National Defense Authorization Act for Fiscal Year
1996 (Public Law 104–106; 110 Stat. 432).
SEC. 673. ANNUAL REPORT ON EFFECTS OF INITIATIVES ON RECRUITMENT AND RETENTION.

(a) REPORT REQUIRED.—(1) Chapter 19 of title 37, United States
Code, is amended by adding at the end the following new section:

Deadline.

‘‘§ 1015. Annual report on effects of recruitment and retention initiatives
‘‘Not later than December 1 of each year, the Secretary of
Defense shall submit to Congress a report that sets forth the
Secretary’s assessment of the effects that the improvements to
compensation and other personnel benefits made by title VI of
the National Defense Authorization Act for Fiscal Year 2000 are
having on the recruitment of persons to join the armed forces
and the retention of members of the armed forces.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘1015. Annual report on effects of recruitment and retention initiatives.’’.

Deadline.
37 USC 1015
note.

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(b) FIRST REPORT.—The first report under section 1015 of title
37, United States Code, as added by subsection (a), shall be submitted not later than December 1, 2000.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 675

SEC. 674. OVERSEAS SPECIAL SUPPLEMENTAL FOOD PROGRAM.

(a) PROGRAM AND BENEFITS.—Subsection (a) of section 1060a
of title 10, United States Code, is amended by striking
‘‘AUTHORITY.—The Secretary of Defense may carry out a program
to provide special supplemental food benefits’’ and inserting ‘‘PROGRAM REQUIRED.—The Secretary of Defense shall carry out a program to provide supplemental foods and nutrition education’’.
(b) FUNDING SOURCE.—Subsection (b) of such section is
amended to read as follows:
‘‘(b) FUNDING MECHANISM.—The Secretary of Defense shall use
funds available for the Department of Defense to carry out the
program under subsection (a).’’.
(c) PROGRAM ADMINISTRATION.—Subsection (c) of such section
is amended—
(1) in paragraph (1)(A), by adding at the end the following
new sentence: ‘‘In determining eligibility for benefits, a person
already certified for participation in the special supplemental
nutrition program for women, infants, and children under such
section 17 shall be considered eligible for the duration of the
certification period under that special supplemental nutrition
program.’’;
(2) by striking paragraph (1)(B) and inserting the following:
‘‘(B) In determining eligibility for families of individuals participating in the program under this section, the Secretary of Defense
shall, to the extent practicable, use the criterion described in
subparagraph (A), including nutritional risk standards. The Secretary shall also consider the value of housing in kind provided
to the individual when determining program eligibility.’’;
(3) in paragraph (2), by adding before the period at the
end the following: ‘‘, particularly with respect to nutrition education’’; and
(4) by adding at the end the following new paragraph:
‘‘(3) The Secretary of Agriculture shall provide technical assistance to the Secretary of Defense, if so requested by the Secretary
of Defense, for the purpose of carrying out the program under
subsection (a).’’.
(d) DEFINITIONS.—Subsection (f) of such section is amended
by adding at the end the following new paragraph:
‘‘(4) The terms ‘nutrition education’ and ‘supplemental
foods’ have the meanings given the terms in section 17(b)
of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)).’’.
(e) CONFORMING AMENDMENT.—Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended by adding at the
end the following new subsection:
‘‘(q) The Secretary of Agriculture shall provide technical assistance to the Secretary of Defense, if so requested by the Secretary
of Defense, for the purpose of carrying out the overseas special
supplemental food program established under section 1060a(a) of
title 10, United States Code.’’.
SEC. 675. TUITION ASSISTANCE FOR MEMBERS DEPLOYED IN A
CONTINGENCY OPERATION.

Section 2007(a) of title 10, United States Code, is amended—
(1) in paragraph (2), by striking ‘‘and’’;
(2) in paragraph (3), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:

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113 STAT. 676

PUBLIC LAW 106–65—OCT. 5, 1999
‘‘(4) in the case of a member serving in a contingency
operation or similar operational mission (other than for
training) designated by the Secretary concerned, all of the
charges may be paid.’’.

SEC. 676. ADMINISTRATION OF
LOAN REPAYMENT
RESERVE.

SELECTED
PROGRAM

RESERVE EDUCATION
FOR COAST GUARD

Section 16301 of title 10, United States Code, is amended
by adding at the end the following new subsection:
‘‘(g) The Secretary of Transportation may repay loans described
in subsection (a)(1) and otherwise administer this section in the
case of members of the Selected Reserve of the Coast Guard Reserve
when the Coast Guard is not operating as a service in the Navy.’’.
26 USC 112 note.

SEC. 677. SENSE OF CONGRESS REGARDING TREATMENT UNDER
INTERNAL REVENUE CODE OF MEMBERS RECEIVING HOSTILE FIRE OR IMMINENT DANGER SPECIAL PAY DURING
CONTINGENCY OPERATIONS.

It is the sense of Congress that a member of the Armed Forces
who is receiving special pay under section 310 of title 37, United
States Code, while assigned to duty in support of a contingency
operation should be treated under the Internal Revenue Code of
1986 in the same manner as a member of the Armed Forces serving
in a combat zone (as defined in section 112 of the Internal Revenue
Code of 1986).

TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—Health Care Services
Sec. 701. Pharmacy benefits program.
Sec. 702. Provision of chiropractic health care.
Sec. 703. Provision of domiciliary and custodial care for certain CHAMPUS beneficiaries.
Sec. 704. Enhancement of dental benefits for retirees.
Sec. 705. Medical and dental care for certain members incurring injuries on inactive-duty training.
Sec. 706. Health care at former uniformed services treatment facilities for active
duty members stationed at certain remote locations.
Sec. 707. Open enrollment demonstration program.
Subtitle B—TRICARE Program
Sec. 711. Expansion and revision of authority for dental programs for dependents
and reserves.
Sec. 712. Improvement of access to health care under the TRICARE program.
Sec. 713. Improvements to claims processing under the TRICARE program.
Sec. 714. Authority to waive certain TRICARE deductibles.
Sec. 715. TRICARE beneficiary counseling and assistance coordinators.
Sec. 716. Improvement of TRICARE management; improvements to third-party
payer collection program.
Sec. 717. Comparative report on health care coverage under the TRICARE program.

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Sec.
Sec.
Sec.
Sec.

721.
722.
723.
724.

Sec.
Sec.
Sec.
Sec.

725.
726.
727.
728.

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Subtitle C—Other Matters
Forensic pathology investigations by Armed Forces Medical Examiner.
Best value contracting.
Health care quality information and technology enhancement.
Joint telemedicine and telepharmacy demonstration projects by the Department of Defense and Department of Veterans Affairs.
Program-year stability in health care benefits.
Study on joint operations for the Defense Health Program.
Trauma training center.
Sense of Congress regarding automatic enrollment of medicare-eligible
beneficiaries in the TRICARE Senior Prime demonstration project.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 677

Subtitle A—Health Care Services
SEC. 701. PHARMACY BENEFITS PROGRAM.

(a) IN GENERAL.—(1) Chapter 55 of title 10, United States
Code, is amended by inserting after section 1074f the following
new section:
‘‘§ 1074g. Pharmacy benefits program
‘‘(a) PHARMACY BENEFITS.—(1) The Secretary of Defense, after
consulting with the other administering Secretaries, shall establish
an effective, efficient, integrated pharmacy benefits program under
this chapter (hereinafter in this section referred to as the ‘pharmacy
benefits program’).
‘‘(2)(A) The pharmacy benefits program shall include a uniform
formulary of pharmaceutical agents, which shall assure the availability of pharmaceutical agents in the complete range of therapeutic classes. The selection for inclusion on the uniform formulary
of particular pharmaceutical agents in each therapeutic class shall
be based on the relative clinical and cost effectiveness of the agents
in such class.
‘‘(B) In considering the relative clinical effectiveness of agents
under subparagraph (A), the Secretary shall presume inclusion
in a therapeutic class of a pharmaceutical agent, unless the Pharmacy and Therapeutics Committee established under subsection
(b) finds that a pharmaceutical agent does not have a significant,
clinically meaningful therapeutic advantage in terms of safety,
effectiveness, or clinical outcome over the other drugs included
on the uniform formulary.
‘‘(C) In considering the relative cost effectiveness of agents
under subparagraph (A), the Secretary shall rely on the evaluation
by the Pharmacy and Therapeutics Committee of the costs of agents
in a therapeutic class in relation to the safety, effectiveness, and
clinical outcomes of such agents.
‘‘(D) The Secretary shall establish procedures for the selection
of particular pharmaceutical agents for the uniform formulary. Such
procedures shall be established so as best to accomplish, in the
judgment of the Secretary, the objectives set forth in paragraph
(1). No pharmaceutical agent may be excluded from the uniform
formulary except upon the recommendation of the Pharmacy and
Therapeutics Committee. The Secretary shall begin to implement
the uniform formulary not later than October 1, 2000.
‘‘(E) Pharmaceutical agents included on the uniform formulary
shall be available to eligible covered beneficiaries through—
‘‘(i) facilities of the uniformed services, consistent with the
scope of health care services offered in such facilities;
‘‘(ii) retail pharmacies designated or eligible under the
TRICARE program or the Civilian Health and Medical Program
of the Uniformed Services to provide pharmaceutical agents
to covered beneficiaries; or
‘‘(iii) the national mail-order pharmacy program.
‘‘(3) The pharmacy benefits program shall assure the availability of clinically appropriate pharmaceutical agents to members
of the armed forces, including, where appropriate, agents not
included on the uniform formulary described in paragraph (2).

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PUBLIC LAW 106–65—OCT. 5, 1999

‘‘(4) The pharmacy benefits program may provide that prior
authorization be required for certain pharmaceutical agents to
assure that the use of such agents is clinically appropriate.
‘‘(5) The pharmacy benefits program shall assure the availability to eligible covered beneficiaries of pharmaceutical agents
not included on the uniform formulary. Such pharmaceutical agents
shall be available through at least one of the means described
in paragraph (2)(E) under terms and conditions that may include
cost sharing by the eligible covered beneficiary in addition to any
such cost sharing applicable to agents on the uniform formulary.
‘‘(6) The Secretary, as part of the regulations established under
subsection (g), may establish cost sharing requirements (which may
be established as a percentage or fixed dollar amount) under the
pharmacy benefits program for generic, formulary, and nonformulary agents. For nonformulary agents, cost sharing shall be
consistent with common industry practice and not in excess of
amounts generally comparable to 20 percent for beneficiaries covered by section 1079 of this title or 25 percent for beneficiaries
covered by section 1086 of this title.
‘‘(7) The Secretary shall establish procedures for eligible covered
beneficiaries to receive pharmaceutical agents not included on the
uniform formulary, but, considered to be clinically necessary. Such
procedures shall include peer review procedures under which the
Secretary may determine that there is a clinical justification for
the use of a pharmaceutical agent that is not on the uniform
formulary, in which case the pharmaceutical agent shall be provided
under the same terms and conditions as an agent on the uniform
formulary. Such procedures shall also include an expeditious
appeals process for an eligible covered beneficiary, or a network
or uniformed provider on behalf of the beneficiary, to establish
clinical justification for the use of a pharmaceutical agent that
is not on the uniform formulary.
‘‘(8) In carrying out this subsection, the Secretary shall ensure
that an eligible covered beneficiary may continue to receive coverage
for any maintenance pharmaceutical that is not on the uniform
formulary and that was prescribed for the beneficiary before the
date of the enactment of this section and stabilized the medical
condition of the beneficiary.
‘‘(b) ESTABLISHMENT OF COMMITTEE.—(1) The Secretary of
Defense shall, in consultation with the Secretaries of the military
departments, establish a Pharmacy and Therapeutics Committee
for the purpose of developing the uniform formulary of pharmaceutical agents required by subsection (a), reviewing such formulary
on a periodic basis, and making additional recommendations
regarding the formulary as the committee determines necessary
and appropriate. The committee shall include representatives of
pharmacies of the uniformed services facilities, contractors responsible for the TRICARE retail pharmacy program, contractors responsible for the national mail-order pharmacy program, providers in
facilities of the uniformed services, and TRICARE network providers. Committee members shall have expertise in treating the
medical needs of the populations served through such entities and
in the range of pharmaceutical and biological medicines available
for treating such populations. The committee shall function under
procedures established by the Secretary under the regulations
required by subsection (g).

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‘‘(2) Not later than 90 days after the establishment of the
Pharmacy and Therapeutics Committee by the Secretary, the committee shall convene to design a proposed uniform formulary for
submission to the Secretary. After such 90-day period, the committee shall meet at least quarterly and shall, during meetings,
consider for inclusion on the uniform formulary under the standards
established in subsection (a) any drugs newly approved by the
Food and Drug Administration.
‘‘(c) ADVISORY PANEL.—(1) Concurrent with the establishment
of the Pharmacy and Therapeutics Committee under subsection
(b), the Secretary shall establish a Uniform Formulary Beneficiary
Advisory Panel to review and comment on the development of
the uniform formulary. The Secretary shall consider the comments
of the panel before implementing the uniform formulary or implementing changes to the uniform formulary.
‘‘(2) The Secretary shall determine the size and membership
of the panel established under paragraph (1), which shall include
members that represent nongovernmental organizations and
associations that represent the views and interests of a large
number of eligible covered beneficiaries.
‘‘(d) PROCEDURES.—(1) In the operation of the pharmacy benefits program under subsection (a), the Secretary of Defense shall
assure through management and new contractual arrangements
that financial resources are aligned such that the cost of prescriptions is borne by the organization that is financially responsible
for the health care of the eligible covered beneficiary.
‘‘(2) Not later than 6 months after the date of the enactment
of this section, the Secretary shall utilize a modification to the
bid price adjustment methodology in the current managed care
support contracts to ensure equitable and timely reimbursement
to the TRICARE managed care support contractors for pharmaceutical products delivered in the nonmilitary environments. The
methodology shall take into account the ‘‘at-risk’’ nature of the
contracts as well as managed care support contractor pharmacy
costs attributable to changes to pharmacy service or formulary
management at military medical treatment facilities, and other
military activities and policies that affect costs of pharmacy benefits
provided through the Civilian Health and Medical Program of the
Uniformed Services. The methodology shall also account for military
treatment facility costs attributable to the delivery of pharmaceutical products in the military facility environment which were
prescribed by a network provider.
‘‘(e) PHARMACY DATA TRANSACTION SERVICE.—Not later than
April 1, 2000, the Secretary of Defense shall implement the use
of the Pharmacy Data Transaction Service in all fixed facilities
of the uniformed services under the jurisdiction of the Secretary,
the TRICARE retail pharmacy program, and the national mailorder pharmacy program.
‘‘(f) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘eligible covered beneficiary’ means a covered
beneficiary for whom eligibility to receive pharmacy benefits
through the means described in subsection (a)(2)(E) is established under this chapter or another provision of law; and
‘‘(2) the term ‘pharmaceutical agent’ means drugs, biological
products, and medical devices under the regulatory authority
of the Food and Drug Administration.

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113 STAT. 680

PUBLIC LAW 106–65—OCT. 5, 1999

‘‘(g) REGULATIONS.—The Secretary of Defense shall, after consultation with the other administering Secretaries, promulgate
regulations to carry out this section.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1074f
the following new item:
‘‘1074g. Pharmacy benefits program.’’.
10 USC 1074g
note.

Deadline.
10 USC 1074g
note.

10 USC 1074g
note.
Deadline.

(b) DEADLINE FOR ESTABLISHMENT OF COMMITTEE.—Not later
than 30 days after the date of the enactment of this Act, the
Secretary shall establish the Pharmacy and Therapeutics Committee required by section 1074g(b) of title 10, United States Code.
(c) REPORTS REQUIRED.—Not later than April 1 and October
1 of fiscal years 2000 and 2001, the Secretary of Defense shall
submit to Congress a report on—
(1) implementation of the uniform formulary required
under subsection (a) of section 1074g of title 10, United States
Code (as added by subsection (a));
(2) the results of a confidential survey conducted by the
Secretary of prescribers for military medical treatment facilities
and TRICARE contractors to determine—
(A) during the most recent fiscal year, how often prescribers attempted to prescribe non-formulary or non-preferred prescription drugs, how often such prescribers were
able to do so, and whether covered beneficiaries were able
to fill such prescriptions without undue delay;
(B) the understanding by prescribers of the reasons
that military medical treatment facilities or civilian contractors preferred certain pharmaceuticals to others; and
(C) the impact of any restrictions on access to nonformulary prescriptions on the clinical decisions of the prescribers and the aggregate cost, quality, and accessibility
of health care provided to covered beneficiaries;
(3) the operation of the Pharmacy Data Transaction Service
required by subsection (e) of such section 1074g; and
(4) any other actions taken by the Secretary to improve
management of the pharmacy benefits program under such
section.
(d) STUDY FOR DESIGN OF PHARMACY BENEFIT FOR CERTAIN
COVERED BENEFICIARIES.—(1) Not later than April 15, 2001, the
Secretary of Defense shall prepare and submit to Congress—
(A) a study on a design for a comprehensive pharmacy
benefit for covered beneficiaries under chapter 55 of title 10,
United States Code, who are entitled to benefits under part
A, and enrolled under part B, of title XVIII of the Social
Security Act; and
(B) an estimate of the costs of implementing and operating
such design.
(2) The design described in paragraph (1)(A) shall incorporate
the elements of the pharmacy benefits program required to be
established under section 1074g of title 10, United States Code
(as added by subsection (a)).
SEC. 702. PROVISION OF CHIROPRACTIC HEALTH CARE.

(a) IN GENERAL.—Section 731 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10
U.S.C. 1092 note) is amended—

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113 STAT. 681

(1) in the heading, by striking ‘‘DEMONSTRATION

PRO-

GRAM’’;

(2) in subsection (a), by adding at the end the following
new paragraph:
‘‘(4) During fiscal year 2000, the Secretary shall continue to
furnish the same chiropractic care in the military medical treatment
facilities designated pursuant to paragraph (2)(A) as the chiropractic
care furnished during the demonstration program.’’;
(3) in subsection (c)—
(A) in paragraph (3), by striking ‘‘Committee on Armed
Services of the Senate and the Committee on National
Security of the House of Representatives’’ and inserting
‘‘Committees on Armed Services of the Senate and the
House of Representatives’’; and
(B) in paragraph (5), by striking ‘‘May 1, 2000’’ and
inserting ‘‘January 31, 2000’’;
(4) in subsection (d)—
(A) in paragraph (3)—
(i) by striking ‘‘; and’’ at the end of subparagraph
(C) and inserting a semicolon;
(ii) by striking the period at the end of subparagraph (D) and inserting ‘‘; and’’; and
(iii) by adding at the end the following new
subparagraph:
‘‘(E) if the Secretary submits an implementation plan
pursuant to subsection (e), the preparation of such plan.’’; and
(B) by adding at the end the following new paragraph:
‘‘(5) The Secretary shall—
‘‘(A) make full use of the oversight advisory committee
in preparing—
‘‘(i) the final report on the demonstration program conducted under this section; and
‘‘(ii) the implementation plan described in subsection
(e); and
‘‘(B) provide opportunities for members of the committee
to provide views as part of such final report and plan.’’;
(5) by redesignating subsection (e) as subsection (f); and
(6) by inserting after subsection (d) the following new subsection:
‘‘(e) IMPLEMENTATION PLAN.—If the Secretary of Defense recommends in the final report submitted under subsection (c) that
chiropractic health care services should be offered in medical care
facilities of the Armed Forces or as a health care service covered
under the TRICARE program, the Secretary shall, not later than
March 31, 2000, submit to the Committees on Armed Services
of the House of Representatives and the Senate an implementation
plan for the full integration of chiropractic health care services
into the military health care system of the Department of Defense,
including the TRICARE program. Such implementation plan shall
include—
‘‘(1) a detailed analysis of the projected costs of fully integrating chiropractic health care services into the military health
care system;
‘‘(2) the proposed scope of practice for chiropractors who
would provide services to covered beneficiaries under chapter
55 of title 10, United States Code;

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‘‘(3) the proposed military medical treatment facilities at
which such services would be provided;
‘‘(4) the military readiness requirements for chiropractors
who would provide services to such covered beneficiaries; and
‘‘(5) any other relevant factors that the Secretary considers
appropriate.’’.
(b) CONFORMING AMENDMENT.—The item relating to section
731 in the table of contents at the beginning of such Act is amended
to read as follows:
‘‘731. Chiropractic health care.’’.
10 USC 1077
note.

SEC. 703. PROVISION OF DOMICILIARY AND CUSTODIAL CARE FOR
CERTAIN CHAMPUS BENEFICIARIES.

(a) CONTINUATION OF CARE.—(1) The Secretary of Defense may,
in any case in which the Secretary makes the determination
described in paragraph (2), continue to provide payment under
the Civilian Health and Medical Program of the Uniformed Services
(as defined in section 1072 of title 10, United States Code), for
domiciliary or custodial care services provided to an eligible beneficiary that would otherwise be excluded from coverage under regulations implementing section 1077(b)(1) of such title.
(2) A determination under this paragraph is a determination
that discontinuation of payment for domiciliary or custodial care
services or transition to provision of care under the individual
case management program authorized by section 1079(a)(17) of
such title would be—
(A) inadequate to meet the needs of the eligible beneficiary;
and
(B) unjust to such beneficiary.
(3) As used in this section, the term ‘‘eligible beneficiary’’ means
a covered beneficiary (as that term is defined in section 1072
of title 10, United States Code) who, before the effective date
of final regulations to implement the individual case management
program authorized by section 1079(a)(17) of such title, were provided domiciliary or custodial care services for which the Secretary
provided payment.
(b) PROHIBITION ON ESTABLISHMENT OF LIMITED TRANSITION
PERIOD.—The Secretary of Defense shall not place a time limit
on the period during which the custodial care exclusions of the
Department of Defense may be waived as part of the case management program of the Department.
(c) SURVEY OF CASE MANAGEMENT AND CUSTODIAL CARE POLICIES.—The Secretary of Defense shall conduct a survey of federally
funded and State funded programs for the medical care and management of persons whose care is considered to be custodial in nature.
The survey shall examine, but shall not be limited to—
(1) a comparison of the case management program of the
Department of Defense with similar Federal and State programs; and
(2) a comparison between the case management program
of the Department of Defense and the case management and
custodial care coverage offered by at least 10 of the most
subscribed private health insurance plans in the Federal
Employees Health Benefits Program (at least 5 of which shall
be managed care organizations), as determined in consultation
with the Office of Personnel Management.

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113 STAT. 683

(d) REPORT ON SURVEY OF CASE MANAGEMENT AND CUSTODIAL
CARE POLICIES.—Not later than March 31, 2000, the Secretary
shall submit a report on the survey required by subsection (c)
to Congress. The Secretary shall include in the report any recommendations for legislative changes that the Secretary determines
necessary to facilitate the case management of the Department
of Defense, and a plan for any regulatory changes determined
necessary by the Secretary. Such plan shall include any regulatory
provisions that the Secretary determines necessary to address equitably the unique needs of the family members of active duty military
personnel and to ensure the full integration of the case management
program of the Department of Defense with other available family
support services activities.

Deadline.

SEC. 704. ENHANCEMENT OF DENTAL BENEFITS FOR RETIREES.

Subsection (d) of section 1076c of title 10, United States Code,
is amended to read as follows:
‘‘(d) BENEFITS AVAILABLE UNDER THE PLAN.—The dental insurance plan established under subsection (a) shall provide benefits
for dental care and treatment which may be comparable to the
benefits authorized under section 1076a of this title for plans established under that section and shall include diagnostic services,
preventative services, endodontics and other basic restorative services, surgical services, and emergency services.’’.
SEC. 705. MEDICAL AND DENTAL CARE FOR CERTAIN MEMBERS
INCURRING INJURIES ON INACTIVE-DUTY TRAINING.

(a) ORDER TO ACTIVE DUTY AUTHORIZED.—(1) Chapter 1209
of title 10, United States Code, is amended by adding at the end
the following:
‘‘§ 12322. Active duty for health care
‘‘A member of a uniformed service described in paragraph (1)(B)
or (2)(B) of section 1074a(a) of this title may be ordered to active
duty, and a member of a uniformed service described in paragraph
(1)(A) or (2)(A) of such section may be continued on active duty,
for a period of more than 30 days while the member is being
treated for (or recovering from) an injury, illness, or disease incurred
or aggravated in the line of duty as described in any of such
paragraphs.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following:
‘‘12322. Active duty for health care.’’.

(b) MEDICAL AND DENTAL CARE FOR MEMBERS.—Subsection
(e) of section 1074a of such title is amended to read as follows:
‘‘(e)(1) A member of a uniformed service on active duty for
health care or recuperation reasons, as described in paragraph
(2), is entitled to medical and dental care on the same basis and
to the same extent as members covered by section 1074(a) of this
title while the member remains on active duty.
‘‘(2) Paragraph (1) applies to a member described in paragraph
(1) or (2) of subsection (a) who, while being treated for (or recovering
from) an injury, illness, or disease incurred or aggravated in the
line of duty, is continued on active duty pursuant to a modification
or extension of orders, or is ordered to active duty, so as to result
in active duty for a period of more than 30 days.’’.

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(c) MEDICAL AND DENTAL CARE FOR DEPENDENTS.—Subparagraph (D) of section 1076(a)(2) of such title is amended to read
as follows:
‘‘(D) A member on active duty who is entitled to benefits
under subsection (e) of section 1074a of this title by reason
of paragraph (1), (2), or (3) of subsection (a) of such section.’’.
SEC. 706. HEALTH CARE AT FORMER UNIFORMED SERVICES TREATMENT FACILITIES FOR ACTIVE DUTY MEMBERS STATIONED AT CERTAIN REMOTE LOCATIONS.

(a) AUTHORITY.—Health care may be furnished by a designated
provider pursuant to any contract entered into by the designated
provider under section 722(b) of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 1073
note) to eligible members who reside within the service area of
the designated provider.
(b) ELIGIBILITY.—A member of the Armed Forces is eligible
for health care under subsection (a) if the member is a member
described in section 731(c) of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1811;
10 U.S.C. 1074 note).
(c) APPLICABLE POLICIES.—In furnishing health care to an
eligible member under subsection (a), a designated provider shall
adhere to the Department of Defense policies applicable to the
furnishing of care under the TRICARE Prime Remote program,
including coordinating with uniformed services medical authorities
for hospitalizations and all referrals for specialty care.
(d) REIMBURSEMENT RATES.—The Secretary of Defense, in consultation with the designated providers, shall prescribe reimbursement rates for care furnished to eligible members under subsection
(a). The rates prescribed for health care may not exceed the amounts
allowable under the TRICARE Standard plan for the same care.
SEC. 707. OPEN ENROLLMENT DEMONSTRATION PROGRAM.

Effective date.
Termination
date.
Deadline.
Reports.

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Section 724 of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104–201; 10 U.S.C. 1073 note) is amended
by adding at the end the following:
‘‘(g) OPEN ENROLLMENT DEMONSTRATION PROGRAM.—(1) The
Secretary of Defense shall conduct a demonstration program under
which covered beneficiaries shall be permitted to enroll at any
time in a managed care plan offered by a designated provider
consistent with the enrollment requirements for the TRICARE
Prime option under the TRICARE program, but without regard
to the limitation in subsection (b). The demonstration program
under this subsection shall cover designated providers, selected
by the Secretary of Defense, and the service areas of the designated
providers.
‘‘(2) The demonstration program carried out under this section
shall commence on October 1, 1999, and end on September 30,
2001.
‘‘(3) Not later than March 15, 2001, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the demonstration
program carried out under this subsection. The report shall include,
at a minimum, an evaluation of the benefits of the open enrollment
opportunity to covered beneficiaries and a recommendation on
whether to authorize open enrollments in the managed care plans
of designated providers permanently.’’.

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113 STAT. 685

Subtitle B—TRICARE Program
SEC. 711. EXPANSION AND REVISION OF AUTHORITY FOR DENTAL
PROGRAMS FOR DEPENDENTS AND RESERVES.

(a) AUTHORITY.—Chapter 55 of title 10, United States Code,
is amended by striking sections 1076a and 1076b and inserting
the following:
‘‘§ 1076a. TRICARE dental program
‘‘(a) ESTABLISHMENT OF DENTAL PLANS.—The Secretary of
Defense may establish, and in the case of the dental plan described
in paragraph (1) shall establish, the following voluntary enrollment
dental plans:
‘‘(1) PLAN FOR SELECTED RESERVE AND INDIVIDUAL READY
RESERVE.—A dental insurance plan for members of the Selected
Reserve of the Ready Reserve and for members of the Individual
Ready Reserve described in subsection 10144(b) of this title.
‘‘(2) PLAN FOR OTHER RESERVES.—A dental insurance plan
for members of the Individual Ready Reserve not eligible to
enroll in the plan established under paragraph (1).
‘‘(3) PLAN FOR ACTIVE DUTY DEPENDENTS.—Dental benefits
plans for eligible dependents of members of the uniformed
services who are on active duty for a period of more than
30 days.
‘‘(4) PLAN FOR READY RESERVE DEPENDENTS.—A dental
benefits plan for eligible dependents of members of the Ready
Reserve of the reserve components who are not on active duty
for more than 30 days.
‘‘(b) ADMINISTRATION OF PLANS.—The plans established under
this section shall be administered under regulations prescribed
by the Secretary of Defense in consultation with the other administering Secretaries.
‘‘(c) CARE AVAILABLE UNDER PLANS.—Dental plans established
under subsection (a) may provide for the following dental care:
‘‘(1) Diagnostic, oral examination, and preventive services
and palliative emergency care.
‘‘(2) Basic restorative services of amalgam and composite
restorations, stainless steel crowns for primary teeth, and
dental appliance repairs.
‘‘(3) Orthodontic services, crowns, gold fillings, bridges,
complete or partial dentures, and such other services as the
Secretary of Defense considers to be appropriate.
‘‘(d) PREMIUMS.—
‘‘(1) PREMIUM SHARING PLANS.—(A) The dental insurance
plan established under subsection (a)(1) and the dental benefits
plans established under subsection (a)(3) are premium sharing
plans.
‘‘(B) Members enrolled in a premium sharing plan for themselves or for their dependents shall be required to pay a share
of the premium charged for the benefits provided under the
plan. The member’s share of the premium charge may not
exceed $20 per month for the enrollment.
‘‘(C) Effective as of January 1 of each year, the amount
of the premium required under subparagraph (A) shall be
increased by the percent equal to the lesser of—

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‘‘(i) the percent by which the rates of basic pay of
members of the uniformed services are increased on such
date; or
‘‘(ii) the sum of one-half percent and the percent computed under section 5303(a) of title 5 for the increase
in rates of basic pay for statutory pay systems for pay
periods beginning on or after such date.
‘‘(D) The Secretary of Defense may reduce the monthly
premium required to be paid under paragraph (1) in the case
of enlisted members in pay grade E–1, E–2, E–3, or E–4 if
the Secretary determines that such a reduction is appropriate
to assist such members to participate in a dental plan referred
to in subparagraph (A).
‘‘(2) FULL PREMIUM PLANS.—(A) The dental insurance plan
established under subsection (a)(2) and the dental benefits plan
established under subsection (a)(4) are full premium plans.
‘‘(B) Members enrolled in a full premium plan for themselves or for their dependents shall be required to pay the
entire premium charged for the benefits provided under the
plan.
‘‘(3) PAYMENT PROCEDURES.—A member’s share of the premium for a plan established under subsection (a) may be paid
by deductions from the basic pay of the member and from
compensation paid under section 206 of title 37, as the case
may be. The regulations prescribed under subsection (b) shall
specify the procedures for payment of the premiums by enrollees
who do not receive such pay.
‘‘(e) COPAYMENTS UNDER PREMIUM SHARING PLANS.—A member
or dependent who receives dental care under a premium sharing
plan referred to in subsection (d)(1) shall—
‘‘(1) in the case of care described in subsection (c)(1), pay
no charge for the care;
‘‘(2) in the case of care described in subsection (c)(2), pay
20 percent of the charges for the care; and
‘‘(3) in the case of care described in subsection (c)(3), pay
a percentage of the charges for the care that is determined
appropriate by the Secretary of Defense, after consultation
with the other administering Secretaries.
‘‘(f) TRANSFER OF MEMBERS.—If a member whose dependents
are enrolled in the plan established under subsection (a)(3) is transferred to a duty station where dental care is provided to the member’s eligible dependents under a program other than that plan,
the member may discontinue participation under the plan. If the
member is later transferred to a duty station where dental care
is not provided to such member’s eligible dependents except under
the plan established under subsection (a)(3), the member may reenroll the dependents in that plan.
‘‘(g) CARE OUTSIDE THE UNITED STATES.—The Secretary of
Defense may exercise the authority provided under subsection (a)
to establish dental insurance plans and dental benefits plans for
dental benefits provided outside the United States for the eligible
members and dependents of members of the uniformed services.
In the case of such an overseas dental plan, the Secretary may
waive or reduce any copayments required by subsection (e) to the
extent the Secretary determines appropriate for the effective and
efficient operation of the plan.

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113 STAT. 687

‘‘(h) WAIVER OF REQUIREMENTS FOR SURVIVING DEPENDENTS.—
The Secretary of Defense may waive (in whole or in part) any
requirements of a dental plan established under this section as
the Secretary determines necessary for the effective administration
of the plan for a dependent who is an eligible dependent described
in subsection (k)(2).
‘‘(i) AUTHORITY SUBJECT TO APPROPRIATIONS.—The authority
of the Secretary of Defense to enter into a contract under this
section for any fiscal year is subject to the availability of appropriations for that purpose.
‘‘(j) LIMITATION ON REDUCTION OF BENEFITS.—The Secretary
of Defense may not reduce benefits provided under a plan established under this section until—
‘‘(1) the Secretary provides notice of the Secretary’s intent
to reduce such benefits to the Committees on Armed Services
of the Senate and the House of Representatives; and
‘‘(2) one year has elapsed following the date of such notice.
‘‘(k) ELIGIBLE DEPENDENT DEFINED.—In this section, the term
‘eligible dependent’—
‘‘(1) means a dependent described in subparagraph (A),
(D), or (I) of section 1072(2) of this title; and
‘‘(2) includes any such dependent of a member who dies
while on active duty for a period of more than 30 days or
a member of the Ready Reserve if the dependent is enrolled
on the date of the death of the member in a dental benefits
plan established under subsection (a), except that the term
does not include the dependent after the end of the one-year
period beginning on the date of the member’s death.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 55 of such title is amended by striking out the
items relating to sections 1076a and 1076b and inserting the following:

Notice.

‘‘1076a. TRICARE dental program.’’.
SEC. 712. IMPROVEMENT OF ACCESS TO HEALTH CARE UNDER THE
TRICARE PROGRAM.

(a) ACCESS.—The Secretary of Defense shall, to the maximum
extent practicable, minimize the authorization and certification
requirements imposed on covered beneficiaries under the TRICARE
program as a condition of access to benefits under that program.
(b) REPORT ON INITIATIVES TO IMPROVE ACCESS.—Not later
than March 31, 2000, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report on specific actions taken to—
(1) reduce the requirements for preauthorization for care
under the TRICARE program;
(2) reduce the requirements for beneficiaries to obtain
preventive services, such as obstetric or gynecologic examinations, mammograms for females over 35 years of age, and
urological examinations for males over the age of 60 without
preauthorization; and
(3) reduce the requirements for statements of nonavailability of services.
(c) REQUIREMENT TO PROVIDE STATEMENT.—Section 1080(b) of
title 10, United States Code, is amended by adding at the end
the following new sentence: ‘‘Notwithstanding any other provision

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PUBLIC LAW 106–65—OCT. 5, 1999

of law, with respect to obstetrics and gynecological care for beneficiaries not enrolled in a managed care plan offered pursuant
to any contract or agreement under this chapter, a nonavailabilityof-health-care statement shall be required for receipt of health
care services related to outpatient prenatal, outpatient or inpatient
delivery, and outpatient post-partum care subsequent to the visit
which confirms the pregnancy.’’.
SEC. 713. IMPROVEMENTS TO CLAIMS
TRICARE PROGRAM.

PROCESSING

UNDER

THE

(a) IN GENERAL.—(1) Chapter 55 of title 10, United States
Code, is amended by inserting after section 1095b the following
new section:
‘‘§ 1095c. TRICARE program: facilitation of processing of
claims
‘‘(a) REDUCTION OF PROCESSING TIME.—(1) With respect to
claims for payment for medical care provided under the TRICARE
program, the Secretary of Defense shall implement a system for
processing of claims under which—
‘‘(A) 95 percent of all clean claims must be processed not
later than 30 days after the date that such claims are submitted
to the claims processor; and
‘‘(B) 100 percent of all clean claims must be processed
not later than 100 days after the date that such claims are
submitted to the claims processor.
‘‘(2) The Secretary may, under the system required by paragraph (1) and consistent with the provisions in chapter 39 of title
31 (commonly referred to as the ‘Prompt Payment Act’), require
that interest be paid on clean claims that are not processed within
30 days.
‘‘(3) For purposes of this subsection, the term ‘clean claim’
means a claim that has no defect, impropriety (including a lack
of any required substantiating documentation), or particular circumstance requiring special treatment that prevents timely payment on the claim under this section.
‘‘(b) REQUIREMENT TO PROVIDE START-UP TIME FOR CERTAIN
CONTRACTORS.—(1) The Secretary of Defense shall not require that
a contractor described in paragraph (2) begin to provide managed
care support pursuant to a contract to provide such support under
the TRICARE program until at least nine months after the date
of the award of the contract. In such case the contractor may
begin to provide managed care support pursuant to the contract
as soon as practicable after the award of the contract, but in
no case later than one year after the date of such award.
‘‘(2) A contractor under this paragraph is a contractor who
is awarded a contract to provide managed care support under
the TRICARE program—
‘‘(A) who has not previously been awarded such a contract
by the Department of Defense; or
‘‘(B) who has previously been awarded such a contract
by the Department of Defense but for whom the subcontractors
have not previously been awarded the subcontracts for such
a contract.
‘‘(c) INCENTIVES FOR ELECTRONIC PROCESSING.—The Secretary
of Defense shall require that new contracts for managed care support under the TRICARE program provide that the contractor be

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113 STAT. 689

permitted to provide financial incentives to health care providers
who file claims for payment electronically.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1095b
the following new item:
‘‘1095c. TRICARE program: facilitation of processing of claims.’’.

(b) REPORT.—Not later than 6 months after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on—
(1) the status of claims processing backlogs in each
TRICARE region;
(2) the estimated time frame for resolution of such backlogs;
(3) efforts to reduce the number of change orders with
respect to contracts to provide managed care support under
the TRICARE program and to make such change orders in
groups on a quarterly basis rather than one at a time;
(4) the extent of success in simplifying claims processing
procedures through reduction of reliance of the Department
of Defense on, and the complexity of, the health care service
record;
(5) application of best industry practices with respect to
claims processing, including electronic claims processing; and
(6) any other initiatives of the Department of Defense
to improve claims processing procedures.
(c) DEADLINE FOR IMPLEMENTATION.—The system for processing
claims required under section 1095c(a) of title 10, United States
Code (as added by subsection (a)), shall be implemented not later
than 6 months after the date of the enactment of this Act.
(d) APPLICABILITY.—Section 1095c(b) of title 10, United States
Code (as added by subsection (a)), shall apply with respect to
any contract to provide managed care support under the TRICARE
program negotiated after the date of the enactment of this Act.

Deadline.

10 USC 1095c
note.

SEC. 714. AUTHORITY TO WAIVE CERTAIN TRICARE DEDUCTIBLES.

(a) IN GENERAL.—Chapter 55 of title 10, United States Code,
is amended by inserting after section 1095c (as added by section
713) the following new section:
‘‘§ 1095d. TRICARE program: waiver of certain deductibles
‘‘(a) WAIVER AUTHORIZED.—The Secretary of Defense may waive
the deductible payable for medical care provided under the
TRICARE program to an eligible dependent of—
‘‘(1) a member of a reserve component on active duty pursuant to a call or order to active duty for a period of less than
one year; or
‘‘(2) a member of the National Guard on full-time National
Guard duty pursuant to a call or order to full-time National
Guard duty for a period of less than one year.
‘‘(b) ELIGIBLE DEPENDENT.—As used in this section, the term
‘eligible dependent’ means a dependent described in subparagraphs
(A), (D), or (I) of section 1072(2) of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating
to section 1095c the following new item:
‘‘1095d. TRICARE program: waiver of certain deductibles.’’.

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PUBLIC LAW 106–65—OCT. 5, 1999

SEC. 715. TRICARE BENEFICIARY
COORDINATORS.

COUNSELING

AND

ASSISTANCE

(a) ESTABLISHMENT OF POSITIONS.—(1) Chapter 55 of title 10,
United States Code, is amended by inserting after section 1095d
(as added by section 714) the following new section:

Regulations.

‘‘§ 1095e. TRICARE program: beneficiary counseling and
assistance coordinators
‘‘(a) ESTABLISHMENT OF POSITIONS.—The Secretary of Defense
shall require in regulations that—
‘‘(1) each lead agent under the TRICARE program—
‘‘(A) designate a person to serve full-time as a beneficiary counseling and assistance coordinator for beneficiaries under the TRICARE program; and
‘‘(B) provide for toll-free telephone communication
between such beneficiaries and the beneficiary counseling
and assistance coordinator; and
‘‘(2) the commander of each military medical treatment
facility under this chapter designate a person to serve, as
a primary or collateral duty, as beneficiary counseling and
assistance coordinator for beneficiaries under the TRICARE
program served at that facility.
‘‘(b) DUTIES.—The Secretary shall prescribe the duties of the
position of beneficiary counseling and assistance coordinator in
the regulations required by subsection (a).’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 1095d
the following new item:
‘‘1095e. TRICARE program: beneficiary counseling and assistance coordinators.’’.

10 USC 1095e
note.

(b) DEADLINE FOR INITIAL DESIGNATIONS.—Each beneficiary
counseling and assistance coordinator required under the regulations described in section 1095e(a) of title 10, United States Code
(as added by subsection (a)), shall be designated not later than
January 15, 2000.
SEC. 716. IMPROVEMENT OF TRICARE MANAGEMENT; IMPROVEMENTS TO THIRD-PARTY PAYER COLLECTION PROGRAM.

(a) IMPROVEMENT OF TRICARE PROGRAM.—(1) Chapter 55 of
title 10, United States Code, is amended by inserting after section
1097a the following new section:
‘‘§ 1097b. TRICARE program: financial management
‘‘(a) REIMBURSEMENT OF PROVIDERS.—(1) Subject to paragraph
(2), the Secretary of Defense may reimburse health care providers
under the TRICARE program at rates higher than the reimbursement rates otherwise authorized for the providers under that program if the Secretary determines that application of the higher
rates is necessary in order to ensure the availability of an adequate
number of qualified health care providers under that program.
‘‘(2) The amount of reimbursement provided under paragraph
(1) with respect to a health care service may not exceed the lesser
of the following:
‘‘(A) The amount equal to the local fee for service charge
for the service in the service area in which the service is
provided as determined by the Secretary based on one or more
of the following payment rates:
‘‘(i) Usual, customary, and reasonable.

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‘‘(ii) The Health Care Finance Administration’s
Resource Based Relative Value Scale.
‘‘(iii) Negotiated fee schedules.
‘‘(iv) Global fees.
‘‘(v) Sliding scale individual fee allowances.
‘‘(B) The amount equal to 115 percent of the CHAMPUS
maximum allowable charge for the service.
‘‘(b) THIRD-PARTY COLLECTIONS.—(1) A medical treatment
facility of the uniformed services under the TRICARE program
has the same right as the United States under section 1095 of
this title to collect from a third-party payer the reasonable charges
for health care services described in paragraph (2) that are incurred
by the facility on behalf of a covered beneficiary under that program.
‘‘(2) The Secretary of Defense shall prescribe regulations for
the administration of this subsection. The regulations shall set
forth the method to be used for the computation of the reasonable
charges for inpatient, outpatient, and other health care services.
The method of computation may be—
‘‘(A) a method that is based on—
‘‘(i) per diem rates;
‘‘(ii) all-inclusive rates for each visit;
‘‘(iii) diagnosis-related groups; or
‘‘(iv) rates prescribed under the regulations implementing sections 1079 and 1086 of this title; or
‘‘(B) any other method considered appropriate.
‘‘(c) CONSULTATION REQUIREMENT.—The Secretary of Defense
shall carry out the responsibilities under this section after consultation with the other administering Secretaries.’’.
(2) The table of sections at the beginning of chapter 55 of
such title is amended by inserting after the item relating to section
1097a the following new item:

Regulations.

‘‘1097b. TRICARE program: financial management.’’.

(b) REPORT ON IMPLEMENTATION.—(1) Not later than 6 months
after the date of the enactment of this Act, the Secretary of Defense,
in consultation with the other administering Secretaries, shall
submit to Congress a report assessing the effects of the implementation of the requirements and authorities set forth in sections 1097b
of title 10, United States Code (as added by subsection (a)).
(2) The report shall include the following:
(A) An assessment of the cost of the implementation of
such requirements and authorities.
(B) An assessment of whether the implementation of any
such requirements and authorities will result in the utilization
by the TRICARE program of the best industry practices with
respect to the matters covered by such requirements and
authorities.
(3) In this subsection, the term ‘‘administering Secretaries’’
has the meaning given that term in section 1072(3) of title 10,
United States Code.
(c) IMPROVEMENT TO THIRD-PARTY COLLECTION PROGRAM.—(1)
Section 1095 of title 10, United States Code, is amended—
(A) in subsection (a)(1)—
(i) by striking ‘‘the reasonable costs of’’ and inserting
‘‘reasonable charges for’’;
(ii) by striking ‘‘such costs’’ and inserting ‘‘such
charges’’; and

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10 USC 1097b
note.

PUBLIC LAW 106–65—OCT. 5, 1999

(iii) by striking ‘‘the reasonable cost of’’ and inserting
‘‘a reasonable charge for’’;
(B) in subsection (g), by striking ‘‘the costs of’’; and
(C) in subsection (h)(1), by striking the first sentence and
inserting ‘‘The term ‘third-party payer’ means an entity that
provides an insurance, medical service, or health plan by contract or agreement, including an automobile liability insurance
or no fault insurance carrier, and any other plan or program
that is designed to provide compensation or coverage for
expenses incurred by a beneficiary for health care services
or products.’’.
(2) Section 1095b(b) of title 10, United States Code, is amended
by striking the first and second sentences after the heading and
inserting the following: ‘‘The United States shall have the same
right to collect charges related to claims described in subsection
(a) as charges for claims under section 1095 of this title.’’.
(d) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect one year after the date of the enactment
of this Act.
SEC. 717. COMPARATIVE REPORT ON HEALTH
UNDER THE TRICARE PROGRAM.

Deadline.

CARE

COVERAGE

Not later than March 31, 2000, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report including a comparison of
health care coverage available through the TRICARE program with
the coverage available under similar health benefits plans offered
under the Federal Employees Health Benefits program established
under chapter 89 of title 5, United States Code. Such comparison
shall include, but not be limited to, a comparison of cost sharing
requirements, overall costs to beneficiaries, covered benefits, and
exclusions from coverage.

Subtitle C—Other Matters
SEC. 721. FORENSIC PATHOLOGY INVESTIGATIONS
FORCES MEDICAL EXAMINER.

ARMED

(a) INVESTIGATION AUTHORITY.—Chapter 75 of title 10, United
States Code, is amended by striking the heading for the chapter
and inserting the following:
‘‘CHAPTER 75—DECEASED PERSONNEL
‘‘Subchapter
‘‘I. Death Investigations .........................................................................................
‘‘II. Death Benefits .................................................................................................

Sec.
1471
1475

‘‘SUBCHAPTER I—DEATH INVESTIGATIONS
‘‘Sec.
‘‘1471. Forensic pathology investigations.

Regulations.

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‘‘§ 1471. Forensic pathology investigations
‘‘(a) AUTHORITY.—Under regulations prescribed by the Secretary
of Defense, the Armed Forces Medical Examiner may conduct a
forensic pathology investigation to determine the cause or manner
of death of a deceased person if such an investigation is determined

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to be justified under circumstances described in subsection (b).
The investigation may include an autopsy of the decedent’s remains.
‘‘(b) BASIS FOR INVESTIGATION.—(1) A forensic pathology investigation of a death under this section is justified if at least one
of the circumstances in paragraph (2) and one of the circumstances
in paragraph (3) exist.
‘‘(2) A circumstance under this paragraph is a circumstance
under which—
‘‘(A) it appears that the decedent was killed or that, whatever the cause of the decedent’s death, the cause was unnatural;
‘‘(B) the cause or manner of death is unknown;
‘‘(C) there is reasonable suspicion that the death was by
unlawful means;
‘‘(D) it appears that the death resulted from an infectious
disease or from the effects of a hazardous material that may
have an adverse effect on the military installation or community
involved; or
‘‘(E) the identity of the decedent is unknown.
‘‘(3) A circumstance under this paragraph is a circumstance
under which—
‘‘(A) the decedent—
‘‘(i) was found dead or died at an installation garrisoned
by units of the armed forces that is under the exclusive
jurisdiction of the United States;
‘‘(ii) was a member of the armed forces on active duty
or inactive duty for training;
‘‘(iii) was recently retired under chapter 61 of this
title as a result of an injury or illness incurred while
a member on active duty or inactive duty for training;
or
‘‘(iv) was a civilian dependent of a member of the
armed forces and was found dead or died outside the United
States;
‘‘(B) in any other authorized Department of Defense investigation of matters which involves the death, a factual determination of the cause or manner of the death is necessary;
or
‘‘(C) in any other authorized investigation being conducted
by the Federal Bureau of Investigation, the National Transportation Safety Board, or any other Federal agency, an authorized
official of such agency with authority to direct a forensic
pathology investigation requests that the Armed Forces Medical
Examiner conduct such an investigation.
‘‘(c) DETERMINATION OF JUSTIFICATION.—(1) Subject to paragraph (2), the determination that a circumstance exists under paragraph (2) of subsection (b) shall be made by the Armed Forces
Medical Examiner.
‘‘(2) A commander may make the determination that a circumstance exists under paragraph (2) of subsection (b) and require
a forensic pathology investigation under this section without regard
to a determination made by the Armed Forces Medical Examiner
if—
‘‘(A) in a case involving circumstances described in paragraph (3)(A)(i) of that subsection, the commander is the commander of the installation where the decedent was found dead
or died; or

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‘‘(B) in a case involving circumstances described in paragraph (3)(A)(ii) of that subsection, the commander is the commander of the decedent’s unit at a level in the chain of command
designated for such purpose in the regulations prescribed by
the Secretary of Defense.
‘‘(d) LIMITATION IN CONCURRENT JURISDICTION CASES.—(1) The
exercise of authority under this section is subject to the exercise
of primary jurisdiction for the investigation of a death—
‘‘(A) in the case of a death in a State, by the State or
a local government of the State; or
‘‘(B) in the case of a death in a foreign country, by that
foreign country under any applicable treaty, status of forces
agreement, or other international agreement between the
United States and that foreign country.
‘‘(2) Paragraph (1) does not limit the authority of the Armed
Forces Medical Examiner to conduct a forensic pathology investigation of a death that is subject to the exercise of primary jurisdiction
by another sovereign if the investigation by the other sovereign
is concluded without a forensic pathology investigation that the
Armed Forces Medical Examiner considers complete. For the purposes of the preceding sentence a forensic pathology investigation
is incomplete if the investigation does not include an autopsy of
the decedent.
‘‘(e) PROCEDURES.—For a forensic pathology investigation under
this section, the Armed Forces Medical Examiner shall—
‘‘(1) designate one or more qualified pathologists to conduct
the investigation;
‘‘(2) to the extent practicable and consistent with responsibilities under this section, give due regard to any applicable
law protecting religious beliefs;
‘‘(3) as soon as practicable, notify the decedent’s family,
if known, that the forensic pathology investigation is being
conducted;
‘‘(4) as soon as practicable after the completion of the
investigation, authorize release of the decedent’s remains to
the family, if known; and
‘‘(5) promptly report the results of the forensic pathology
investigation to the official responsible for the overall investigation of the death.
‘‘(f) DEFINITION OF STATE.—In this section, the term ‘State’
includes the District of Columbia, the Commonwealth of Puerto
Rico, and Guam.’’.
(b) REPEAL OF AUTHORITY FOR EXISTING INQUEST PROCEDURES.—Sections 4711 and 9711 of title 10, United States Code,
are repealed.
(c) TECHNICAL AND CLERICAL AMENDMENTS.—(1) Chapter 75
of such title, as amended by subsection (a), is further amended
by inserting before section 1475 the following:
‘‘SUBCHAPTER II—DEATH BENEFITS’’.
(2) The item relating to chapter 75 in the tables of chapters
at the beginning of subtitle A of such title and at the beginning
of part II of such subtitle is amended to read as follows:
‘‘75. Deceased Personnel ................................................................................... 1471’’.

(3) The table of sections at the beginning of chapter 445 of
such title is amended by striking the item relating to section 4711.

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(4) The table of sections at the beginning of chapter 945 of
such title is amended by striking the item relating to section 9711.
(5) The heading for chapter 445 of such title is amended to
read as follows:
‘‘CHAPTER 445—DISPOSITION OF EFFECTS OF
DECEASED PERSONS; CAPTURED FLAGS’’.
(6) The heading for chapter 945 of such title is amended to
read as follows:
‘‘CHAPTER 945—DISPOSITION OF EFFECTS OF
DECEASED PERSONS’’.
(7) The item relating to chapter 445 in the tables of chapters
at the beginning of subtitle B of such title and at the beginning
of part IV of such subtitle is amended to read as follows:
‘‘445. Disposition of Effects of Deceased Persons; Captured Flags ........ 4712’’.

(8) The item relating to chapter 945 in the tables of chapters
at the beginning of subtitle D of such title and at the beginning
of part IV of such subtitle is amended to read as follows:
‘‘945. Disposition of Effects of Deceased Persons ....................................... 9712’’.
SEC. 722. BEST VALUE CONTRACTING.

(a) AUTHORITY.—Chapter 55 of title 10, United States Code,
is amended by inserting after section 1073 the following:
‘‘§ 1073a. Contracts for health care: best value contracting
‘‘(a) AUTHORITY.—Under regulations prescribed by the administering Secretaries, health care contracts shall be awarded in the
administration of this chapter to the offeror or offerors that will
provide the best value to the United States to the maximum extent
consistent with furnishing high-quality health care in a manner
that protects the fiscal and other interests of the United States.
‘‘(b) FACTORS CONSIDERED.—In the determination of best value
under subsection (a)—
‘‘(1) consideration shall be given to the factors specified
in the regulations; and
‘‘(2) greater weight shall be accorded to technical and
performance-related factors than to cost and price-related factors.
‘‘(c) APPLICABILITY.—The authority under the regulations prescribed under subsection (a) shall apply to any contract in excess
of $5,000,000.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating
to section 1073 the following:

Regulations.

‘‘1073a. Contracts for health care: best value contracting.’’.
SEC. 723. HEALTH CARE QUALITY INFORMATION AND TECHNOLOGY
ENHANCEMENT.

10 USC 1071
note.

(a) PURPOSE.—The purpose of this section is to ensure that
the Department of Defense addresses issues of medical quality
surveillance and implements solutions for those issues in a timely
manner that is consistent with national policy and industry standards.

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Establishment.

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PUBLIC LAW 106–65—OCT. 5, 1999

(b) DEPARTMENT OF DEFENSE PROGRAM FOR MEDICAL
INFORMATICS AND DATA.—The Secretary of Defense shall establish
a Department of Defense program, the purposes of which shall
be the following:
(1) To develop parameters for assessing the quality of
health care information.
(2) To develop the defense digital patient record.
(3) To develop a repository for data on quality of health
care.
(4) To develop capability for conducting research on quality
of health care.
(5) To conduct research on matters of quality of health
care.
(6) To develop decision support tools for health care providers.
(7) To refine medical performance report cards.
(8) To conduct educational programs on medical informatics
to meet identified needs.
(c) AUTOMATION AND CAPTURE OF CLINICAL DATA.—(1) Through
the program established under subsection (b), the Secretary of
Defense shall accelerate the efforts of the Department of Defense
to automate, capture, and exchange controlled clinical data and
present providers with clinical guidance using a personal information carrier, clinical lexicon, or digital patient record.
(2) The program shall serve as a primary resource for the
Department of Defense for matters concerning the capture, processing, and dissemination of data on health care quality.
(d) MEDICAL INFORMATICS ADVISORY COMMITTEE.—(1) The Secretary of Defense shall establish a Medical Informatics Advisory
Committee (hereinafter referred to as the ‘‘Committee’’), the members of which shall be the following:
(A) The Assistant Secretary of Defense for Health Affairs.
(B) The Director of the TRICARE Management Activity
of the Department of Defense.
(C) The Surgeon General of the Army.
(D) The Surgeon General of the Navy.
(E) The Surgeon General of the Air Force.
(F) Representatives of the Department of Veterans Affairs,
designated by the Secretary of Veterans Affairs.
(G) Representatives of the Department of Health and
Human Services, designated by the Secretary of Health and
Human Services.
(H) Any additional members appointed by the Secretary
of Defense to represent health care insurers and managed
care organizations, academic health institutions, health care
providers (including representatives of physicians and representatives of hospitals), and accreditors of health care plans
and organizations.
(2) The primary mission of the Committee shall be to advise
the Secretary on the development, deployment, and maintenance
of health care informatics systems that allow for the collection,
exchange, and processing of health care quality information for
the Department of Defense in coordination with other Federal
departments and agencies and with the private sector.
(3) Specific areas of responsibility of the Committee shall
include advising the Secretary on the following:

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(A) The ability of the medical informatics systems at the
Department of Defense and Department of Veterans Affairs
to monitor, evaluate, and improve the quality of care provided
to beneficiaries.
(B) The coordination of key components of medical
informatics systems, including digital patient records, both
within the Federal Government and between the Federal
Government and the private sector.
(C) The development of operational capabilities for executive information systems and clinical decision support systems
within the Department of Defense and Department of Veterans
Affairs.
(D) Standardization of processes used to collect, evaluate,
and disseminate health care quality information.
(E) Refinement of methodologies by which the quality of
health care provided within the Department of Defense and
Department of Veterans Affairs is evaluated.
(F) Protecting the confidentiality of personal health
information.
(4) The Assistant Secretary of Defense for Health Affairs shall
consult with the Committee on the issues described in paragraph
(3).
(5) The Secretary of Defense shall submit to Congress an annual
report on the activities of the Committee and on the coordination
of development, deployment, and maintenance of health care
informatics systems within the Federal Government, and between
the Federal Government and the private sector.
(6) Members of the Committee shall not be paid by reason
of their service on the Committee.
(7) The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Committee.
(e) ANNUAL REPORT.—The Assistant Secretary of Defense for
Health Affairs shall submit to Congress on an annual basis a
report on the quality of health care furnished under the health
care programs of the Department of Defense. The report shall
cover the most recent fiscal year ending before the date the report
is submitted and shall contain a discussion of the quality of the
health care measured on the basis of each statistical and customer
satisfaction factor that the Assistant Secretary determines appropriate, including, at a minimum, a discussion of the following:
(1) Health outcomes.
(2) The extent of use of health report cards.
(3) The extent of use of standard clinical pathways.
(4) The extent of use of innovative processes for surveillance.
SEC. 724. JOINT TELEMEDICINE AND TELEPHARMACY DEMONSTRATION PROJECTS BY THE DEPARTMENT OF DEFENSE AND
DEPARTMENT OF VETERANS AFFAIRS.

10 USC 1092
note.

(a) IN GENERAL.—The Secretary of Defense and the Secretary
of Veterans Affairs may carry out joint demonstration projects
for purposes of evaluating the feasibility and practicability of using
telecommunications to provide health care services and pharmacy
services.
(b) SERVICES TO BE PROVIDED.—The services provided under
the demonstration projects may include the following:
(1) Radiology and imaging services.

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Deadline.

PUBLIC LAW 106–65—OCT. 5, 1999

(2) Diagnostic services.
(3) Referral services.
(4) Clinical pharmacy services.
(5) Any other health care services or pharmacy services
designated by the Secretaries.
(c) SELECTION OF LOCATIONS.—(1) The Secretaries may carry
out the demonstration projects described in subsection (a) at not
more than five locations selected by the Secretaries from locations
in which are located both a uniformed services treatment facility
and a Department of Veterans Affairs medical center that are
affiliated with academic institutions having a demonstrated expertise in the provision of health care services or pharmacy services
by means of telecommunications.
(2) Representatives of a facility and medical center selected
under paragraph (1) shall, to the maximum extent practicable,
carry out the demonstration project in consultation with representatives of the academic institution or institutions with which affiliated.
(d) PERIOD OF DEMONSTRATION PROJECTS.—The Secretaries
may carry out the demonstration projects during the three-year
period beginning on October 1, 1999.
(e) REPORT.—Not later than December 31, 2002, the Secretaries
shall jointly submit to Congress a report on the demonstration
projects. The report shall include—
(1) a description of each demonstration project; and
(2) an evaluation, based on the demonstration projects,
of the feasibility and practicability of using telecommunications
to provide health care services and pharmacy services, including
the provision of such services to field hospitals of the Armed
Forces and to Department of Veterans Affairs outpatient health
care clinics.
SEC. 725. PROGRAM-YEAR STABILITY IN HEALTH CARE BENEFITS.

Section 1073 of title 10, United States Code, is amended—
(1) by inserting ‘‘(a) RESPONSIBLE OFFICIALS.—’’ at the
beginning of the text of the section; and
(2) by adding at the end the following:
‘‘(b) STABILITY IN PROGRAM OF BENEFITS.—The Secretary of
Defense shall, to the maximum extent practicable, provide a stable
program of benefits under this chapter throughout each fiscal year.
To achieve the stability in the case of managed care support contracts entered into under this chapter, the contracts shall be
administered so as to implement all changes in benefits and
administration on a quarterly basis. However, the Secretary of
Defense may implement any such change prior to the next fiscal
quarter if the Secretary determines that the change would significantly improve the provision of care to eligible beneficiaries under
this chapter.’’.
SEC. 726. STUDY ON JOINT OPERATIONS FOR THE DEFENSE HEALTH
PROGRAM.
Deadline.

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Not later than October 1, 2000, the Secretary of Defense shall
prepare and submit to Congress a study identifying areas with
respect to the Defense Health Program for which joint operations
might be increased, including organization, training, patient care,
hospital management, and budgeting. The study shall include a
discussion of the merits and feasibility of—

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(1) establishing a joint command for the Defense Health
Program as a military counterpart to the Assistant Secretary
of Defense for Health Affairs;
(2) establishing a joint training curriculum for the Defense
Health Program; and
(3) creating a unified chain of command and budgeting
authority for the Defense Health Program.
SEC. 727. TRAUMA TRAINING CENTER.

Section 742 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112
Stat. 2074) is amended to read as follows:
‘‘SEC. 742. AUTHORIZATION TO ESTABLISH A TRAUMA TRAINING
CENTER.

‘‘The Secretary of the Army is hereby authorized to establish
a Trauma Training Center in order to provide the Army with
a trauma center capable of training forward surgical teams.’’.
SEC. 728. SENSE OF CONGRESS REGARDING AUTOMATIC ENROLLMENT OF MEDICARE-ELIGIBLE BENEFICIARIES IN THE
TRICARE SENIOR PRIME DEMONSTRATION PROJECT.

It is the sense of Congress that—
(1) any person who is enrolled in a managed health care
program of the Department of Defense at a location at which
the medicare subvention demonstration project for military
retirees conducted under section 1896 of the Social Security
Act (42 U.S.C. 1395ggg) is implemented, and who attains eligibility for medicare, should be automatically authorized to enroll
in such demonstration project; and
(2) the Secretary of Defense, in coordination with the other
administering Secretaries described in section 1072(3) of title
10, United States Code, should modify existing policies and
procedures for such demonstration project as necessary to
permit such automatic enrollment.

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A—Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 801. Authority to carry out certain prototype projects.
Sec. 802. Streamlined applicability of cost accounting standards.
Sec. 803. Sale, exchange, and waiver authority for coal and coke.
Sec. 804. Guidance on use of task order and delivery order contracts.
Sec. 805. Clarification of definition of commercial items with respect to associated
services.
Sec. 806. Use of special simplified procedures for purchases of commercial items in
excess of the simplified acquisition threshold.
Sec. 807. Repeal of termination of provision of credit towards subcontracting goals
for purchases benefiting severely handicapped persons.
Sec. 808. Contract goal for small disadvantaged businesses and certain institutions
of higher education.
Sec. 809. Required reports for certain multiyear contracts.
Subtitle B—Other Matters
Sec. 811. Mentor-Protege Program improvements.
Sec. 812. Program to increase business innovation in defense acquisition programs.

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PUBLIC LAW 106–65—OCT. 5, 1999

Sec. 813. Incentives to produce innovative new technologies.
Sec. 814. Pilot program for commercial services.
Sec. 815. Expansion of applicability of requirement to make certain procurements
from small arms production industrial base.
Sec. 816. Compliance with existing law regarding purchases of equipment and
products.
Sec. 817. Extension of test program for negotiation of comprehensive small business subcontracting plans.
Sec. 818. Extension of interim reporting rule for certain procurements less than
$100,000.
Sec. 819. Inspector General review of compliance with Buy American Act in purchases of strength training equipment.
Sec. 820. Report on options for accelerated acquisition of precision munitions.
Sec. 821. Technical amendment to prohibition on release of contractor proposals
under the Freedom of Information Act.

Subtitle A—Amendments to General Contracting Authorities, Procedures, and
Limitations
SEC. 801. AUTHORITY
PROJECTS.

Contracts.

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CARRY

OUT

CERTAIN

PROTOTYPE

Section 845 of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103–160; 107 Stat. 1721; 10 U.S.C. 2371
note) is amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
‘‘(c) COMPTROLLER GENERAL REVIEW.—(1) Each agreement
entered into by an official referred to in subsection (a) to carry
out a project under that subsection that provides for payments
in a total amount in excess of $5,000,000 shall include a clause
that provides for the Comptroller General, in the discretion of
the Comptroller General, to examine the records of any party to
the agreement or any entity that participates in the performance
of the agreement.
‘‘(2) The requirement in paragraph (1) shall not apply with
respect to a party or entity, or a subordinate element of a party
or entity, that has not entered into any other agreement that
provides for audit access by a Government entity in the year prior
to the date of the agreement.
‘‘(3) The head of the contracting activity that is carrying out
the agreement may waive the applicability of the requirement in
paragraph (1) to the agreement if the head of the contracting
activity determines that it would not be in the public interest
to apply the requirement to the agreement. The waiver shall be
effective with respect to the agreement only if the head of the
contracting activity transmits a notification of the waiver to Congress and the Comptroller General before entering into the agreement. The notification shall include the rationale for the determination.
‘‘(4) The Comptroller General may not examine records pursuant to a clause included in an agreement under paragraph (1)
more than three years after the final payment is made by the
United States under the agreement.’’.

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PUBLIC LAW 106–65—OCT. 5, 1999
SEC. 802. STREAMLINED
STANDARDS.

APPLICABILITY

COST

113 STAT. 701
ACCOUNTING

(a) APPLICABILITY.—Paragraph (2)(B) of section 26(f) of the
Office of Federal Procurement Policy Act (41 U.S.C. 422(f)(2)(B))
is amended by adding at the end the following new clauses:
‘‘(iii) Firm, fixed-price contracts or subcontracts awarded
on the basis of adequate price competition without submission
of certified cost or pricing data.
‘‘(iv) A contract or subcontract with a value of less than
$7,500,000 if, at the time the contract or subcontract is entered
into, the segment of the contractor or subcontractor that will
perform the work has not been awarded at least one contract
or subcontract with a value of more than $7,500,000 that is
covered by the cost accounting standards.’’.
(b) WAIVER.—Section 26(f) of that Act is further amended by
adding at the end the following:
‘‘(5)(A) The head of an executive agency may waive the applicability of the cost accounting standards for a contract or subcontract
with a value less than $15,000,000 if that official determines in
writing that the segment of the contractor or subcontractor that
will perform the work—
‘‘(i) is primarily engaged in the sale of commercial items;
and
‘‘(ii) would not otherwise be subject to the cost accounting
standards under this section, as in effect on or after the effective
date of this paragraph.
‘‘(B) The head of an executive agency may also waive the
applicability of the cost accounting standards for a contract or
subcontract under exceptional circumstances when necessary to
meet the needs of the agency. A determination to waive the applicability of the cost accounting standards under this subparagraph
shall be set forth in writing and shall include a statement of
the circumstances justifying the waiver.
‘‘(C) The head of an executive agency may not delegate the
authority under subparagraph (A) or (B) to any official in the
executive agency below the senior policymaking level in the executive agency.
‘‘(D) The Federal Acquisition Regulation shall include the following:
‘‘(i) Criteria for selecting an official to be delegated
authority to grant waivers under subparagraph (A) or (B).
‘‘(ii) The specific circumstances under which such a waiver
may be granted.
‘‘(E) The head of each executive agency shall report the waivers
granted under subparagraphs (A) and (B) for that agency to the
Board on an annual basis.’’.
(c) REGULATION ON TYPES OF CAS COVERAGE.—(1) The
Administrator for Federal Procurement Policy shall revise the rules
and procedures prescribed pursuant to section 26(f) of the Office
of Federal Procurement Policy Act (41 U.S.C. 422(f)) to the extent
necessary to increase the thresholds established in section
9903.201–2 of title 48 of the Code of Federal Regulations from
$25,000,000 to $50,000,000.
(2) Paragraph (1) requires only a change of the statement
of a threshold condition in the regulation referred to by section
number in that paragraph, and shall not be construed as—
(A) a ratification or expression of approval of—

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113 STAT. 702

41 USC 422 note.

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PUBLIC LAW 106–65—OCT. 5, 1999

(i) any aspect of the regulation; or
(ii) the manner in which section 26 of the Office of
Federal Procurement Policy Act is administered through
the regulation; or
(B) a requirement to apply the regulation.
(d) IMPLEMENTATION.—The Administrator for Federal Procurement Policy shall ensure that this section and the amendments
made by this section are implemented in a manner that ensures
that the Federal Government can recover costs, as appropriate,
in a case in which noncompliance with cost accounting standards,
or a change in the cost accounting system of a contractor segment
or subcontractor segment that is not determined to be desirable
by the Federal Government, results in a shift of costs from contracts
that are not covered by the cost accounting standards to contracts
that are covered by the cost accounting standards.
(e) IMPLEMENTATION OF REQUIREMENTS FOR REVISION OF REGULATIONS.—(1) Final regulations required by subsection (c) shall
be issued not later than 180 days after the date of the enactment
of this Act.
(2) Subsection (c) shall cease to be effective one year after
the date on which final regulations issued in accordance with that
subsection take effect.
(f) STUDY OF TYPES OF CAS COVERAGE.—The Administrator
for Federal Procurement Policy shall review the various categories
of coverage of contracts for applying cost accounting standards
and, not later than the date on which the President submits to
Congress the budget for fiscal year 2001 under section 1105(a)
of title 31, United States Code, submit to Congress a report on
the results of the review. The report shall include an analysis
of the matters reviewed and any recommendations that the
Administrator considers appropriate regarding such matters.
(g) INAPPLICABILITY OF STANDARDS TO CERTAIN CONTRACTS.—
The cost accounting standards issued pursuant to section 26(f)
of the Office of Federal Procurement Policy Act (41 U.S.C. 422(f)),
as amended by this section, shall not apply during fiscal year
2000 with respect to a contract entered into under the authority
provided in chapter 89 of title 5, United States Code (relating
to health benefits for Federal employees).
(h) CONSTRUCTION REGARDING CERTAIN NOT-FOR-PROFIT ENTITIES.—The amendments made by subsections (a) and (b) shall not
be construed as modifying or superseding, nor as intended to impair
or restrict, the applicability of the cost accounting standards
described in section 26(f) of the Office of Federal Procurement
Policy Act (41 U.S.C. 422(f)) to—
(1) any educational institution or federally funded research
and development center that is associated with an educational
institution in accordance with Office of Management and
Budget Circular A–21, as in effect on January 1, 1999; or
(2) any contract with a nonprofit entity that provides
research and development and related products or services
to the Department of Defense.
(i) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall take effect 180 days after the date of enactment
of this Act, and shall apply with respect to—
(1) contracts that are entered into on or after such effective
date; and

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 703

(2) determinations made on or after such effective date
regarding whether a segment of a contractor or subcontractor
is subject to the cost accounting standards under section 26(f)
of the Office of Federal Procurement Policy Act (41 U.S.C.
422(f)), regardless of whether the contracts on which such determinations are made were entered into before, on, or after
such date.
SEC. 803. SALE, EXCHANGE, AND WAIVER AUTHORITY FOR COAL AND
COKE.

(a) IN GENERAL.—Section 2404 of title 10, United States Code,
is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘petroleum or natural gas’’ and inserting ‘‘a defined fuel
source’’;
(B) in paragraph (1)—
(i) by striking ‘‘petroleum market conditions or
natural gas market conditions, as the case may be,’’
and inserting ‘‘market conditions for the defined fuel
source’’; and
(ii) by striking ‘‘acquisition of petroleum or acquisition of natural gas, respectively,’’ and inserting
‘‘acquisition of that defined fuel source’’; and
(C) in paragraph (2), by striking ‘‘petroleum or natural
gas, as the case may be,’’ and inserting ‘‘that defined fuel
source’’;
(2) in subsection (b), by striking ‘‘petroleum or natural
gas’’ in the second sentence and inserting ‘‘a defined fuel
source’’;
(3) in subsection (c), by striking ‘‘petroleum’’ and all that
follows through the period and inserting ‘‘a defined fuel source
or services related to a defined fuel source by exchange of
a defined fuel source or services related to a defined fuel
source.’’;
(4) in subsection (d)—
(A) by striking ‘‘petroleum or natural gas’’ in the first
sentence and inserting ‘‘a defined fuel source’’; and
(B) by striking ‘‘petroleum’’ in the second sentence
and all that follows through the period and inserting ‘‘a
defined fuel source or services related to a defined fuel
source.’’; and
(5) by adding at the end the following new subsection:
‘‘(f) DEFINED FUEL SOURCES.—In this section, the term ‘defined
fuel source’ means any of the following:
‘‘(1) Petroleum.
‘‘(2) Natural gas.
‘‘(3) Coal.
‘‘(4) Coke.’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of such section
is amended to read as follows:

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113 STAT. 704

PUBLIC LAW 106–65—OCT. 5, 1999

‘‘§ 2404. Acquisition of certain fuel sources: authority to
waive
contract
procedures;
acquisition
by
exchange; sales authority’’.
(2) The item relating to such section in the table of sections
at the beginning of chapter 141 of such title is amended to read
as follows:
‘‘2404. Acquisition of certain fuel sources: authority to waive contract procedures;
acquisition by exchange; sales authority.’’.
41 USC 253h
note.

Regulations.

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SEC. 804. GUIDANCE ON USE OF TASK ORDER AND DELIVERY ORDER
CONTRACTS.

(a) GUIDANCE IN THE FEDERAL ACQUISITION REGULATION.—Not
later than 180 days after the date of the enactment of this Act,
the Federal Acquisition Regulation issued in accordance with sections 6 and 25 of the Office of Federal Procurement Policy Act
(41 U.S.C. 405 and 421) shall be revised to provide guidance to
agencies on the appropriate use of task order and delivery order
contracts in accordance with sections 2304a through 2304d of title
10, United States Code, and sections 303H through 303K of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C.
253h through 253k).
(b) CONTENT OF GUIDANCE.—The regulations issued pursuant
to subsection (a) shall, at a minimum, provide the following:
(1) Specific guidance on the appropriate use of governmentwide and other multiagency contracts entered into in accordance with the provisions of law referred to in that subsection.
(2) Specific guidance on steps that agencies should take
in entering into and administering multiple award task order
and delivery order contracts to ensure compliance with—
(A) the requirement in section 5122 of the ClingerCohen Act (40 U.S.C. 1422) for capital planning and investment control in purchases of information technology products and services;
(B) the requirement in section 2304c(b) of title 10,
United States Code, and section 303J(b) of the Federal
Property and Administrative Services Act of 1949 (41
U.S.C. 253j(b)) to ensure that all contractors are afforded
a fair opportunity to be considered for the award of task
orders and delivery orders; and
(C) the requirement in section 2304c(c) of title 10,
United States Code, and section 303J(c) of the Federal
Property and Administrative Services Act of 1949 (41
U.S.C. 253j(c)) for a statement of work in each task order
or delivery order issued that clearly specifies all tasks
to be performed or property to be delivered under the
order.
(c) GSA FEDERAL SUPPLY SCHEDULES PROGRAM.—The Administrator for Federal Procurement Policy shall consult with the
Administrator of General Services to assess the effectiveness of
the multiple awards schedule program of the General Services
Administration referred to in section 309(b)(3) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 259(b)(3))
that is administered as the Federal Supply Schedules program.
The assessment shall include examination of the following:
(1) The administration of the program by the Administrator
of General Services.

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113 STAT. 705

(2) The ordering and program practices followed by Federal
customer agencies in using schedules established under the
program.
(d) GAO REPORT.—Not later than one year after the date on
which the regulations required by subsection (a) are published
in the Federal Register, the Comptroller General shall submit to
Congress an evaluation of—
(1) executive agency compliance with the regulations; and
(2) conformance of the regulations with existing law,
together with any recommendations that the Comptroller General considers appropriate.

Federal Register,
publication.

SEC. 805. CLARIFICATION OF DEFINITION OF COMMERCIAL ITEMS
WITH RESPECT TO ASSOCIATED SERVICES.

Section 4(12)(E) of the Office of Federal Procurement Policy
Act (41 U.S.C. 403(12)(E)) is amended to read as follows:
‘‘(E) Installation services, maintenance services, repair
services, training services, and other services if—
‘‘(i) the services are procured for support of an
item referred to in subparagraph (A), (B), (C), or (D),
regardless of whether such services are provided by
the same source or at the same time as the item;
and
‘‘(ii) the source of the services provides similar
services contemporaneously to the general public under
terms and conditions similar to those offered to the
Federal Government.’’.
SEC. 806. USE OF SPECIAL SIMPLIFIED PROCEDURES FOR PURCHASES OF COMMERCIAL ITEMS IN EXCESS OF THE SIMPLIFIED ACQUISITION THRESHOLD.

(a) EXTENSION OF AUTHORITY.—Section 4202(e) of the ClingerCohen Act of 1996 (divisions D and E of Public Law 104–106;
110 Stat. 654; 10 U.S.C. 2304 note) is amended by striking ‘‘three
years after the date on which such amendments take effect pursuant
to section 4401(b)’’ and inserting ‘‘January 1, 2002’’.
(b) GAO REPORT.—Not later than March 1, 2001, the Comptroller General shall submit to Congress an evaluation of the test
program authorized by the provisions in section 4202 of the ClingerCohen Act of 1996, together with any recommendations that the
Comptroller General considers appropriate regarding the test program or the use of special simplified procedures for purchases
of commercial items in excess of the simplified acquisition threshold.

Deadline.
10 USC 2304
note.

SEC. 807. REPEAL OF TERMINATION OF PROVISION OF CREDIT
TOWARDS SUBCONTRACTING GOALS FOR PURCHASES
BENEFITING SEVERELY HANDICAPPED PERSONS.

Section 2410d(c) of title 10, United States Code, is repealed.
SEC. 808. CONTRACT GOAL FOR SMALL DISADVANTAGED BUSINESSES
AND CERTAIN INSTITUTIONS OF HIGHER EDUCATION.

Subsection (k) of section 2323 of title 10, United States Code,
is amended by striking ‘‘2000’’ both places it appears and inserting
‘‘2003’’.
SEC. 809. REQUIRED
TRACTS.

REPORTS

FOR

CERTAIN

MULTIYEAR

CON-

Section 2306b(l) of title 10, United States Code, is amended—

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113 STAT. 706

PUBLIC LAW 106–65—OCT. 5, 1999

(1) by redesignating paragraphs (4), (5), (6), and (7) as
paragraphs (5), (6), (7), and (8), respectively;
(2) by inserting after paragraph (3) the following new paragraph (4):
‘‘(4) The head of an agency may not enter into a multiyear
contract (or extend an existing multiyear contract) until the Secretary of Defense submits to the congressional defense committees
a report with respect to that contract (or contract extension) that
provides the following information, shown for each year in the
current future-years defense program and in the aggregate over
the period of the current future-years defense program:
‘‘(A) The amount of total obligational authority under the
contract (or contract extension) and the percentage that such
amount represents of—
‘‘(i) the applicable procurement account; and
‘‘(ii) the agency procurement total.
‘‘(B) The amount of total obligational authority under all
multiyear procurements of the agency concerned (determined
without regard to the amount of the multiyear contract (or
contract extension)) under multiyear contracts in effect immediately before the contract (or contract extension) is entered
into and the percentage that such amount represents of—
‘‘(i) the applicable procurement account; and
‘‘(ii) the agency procurement total.
‘‘(C) The amount equal to the sum of the amounts under
subparagraphs (A) and (B), and the percentage that such
amount represents of—
‘‘(i) the applicable procurement account; and
‘‘(ii) the agency procurement total.
‘‘(D) The amount of total obligational authority under all
Department of Defense multiyear procurements (determined
without regard to the amount of the multiyear contract (or
contract extension)), including any multiyear contract (or contract extension) that has been authorized by the Congress
but not yet entered into, and the percentage that such amount
represents of the procurement accounts of the Department of
Defense treated in the aggregate.’’; and
(3) by adding at the end the following new paragraph:
‘‘(9) In this subsection:
‘‘(A) The term ‘applicable procurement account’ means, with
respect to a multiyear procurement contract (or contract extension), the appropriation account from which payments to execute the contract will be made.
‘‘(B) The term ‘agency procurement total’ means the
procurement accounts of the agency entering into a multiyear
procurement contract (or contract extension) treated in the
aggregate.’’.

Subtitle B—Other Matters
SEC. 811. MENTOR-PROTEGE PROGRAM IMPROVEMENTS.

(a) PROGRAM PARTICIPATION TERM.—Subsection (e)(2) of section
831 of the National Defense Authorization Act for Fiscal Year
1991 (Public Law 101–510; 10 U.S.C. 2302 note) is amended to
read as follows:

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113 STAT. 707

‘‘(2) A program participation term for any period of not
more than three years, except that the term may be a period
of up to five years if the Secretary of Defense determines
in writing that unusual circumstances justify a program participation term in excess of three years.’’.
(b) INCENTIVES AUTHORIZED FOR MENTOR FIRMS.—Subsection
(g) of such section is amended—
(1) in paragraph (1), by striking ‘‘shall’’ and inserting ‘‘may’’;
(2) in paragraph (2)—
(A) in subparagraph (A)—
(i) by striking ‘‘shall’’ and inserting ‘‘may’’;
(ii) by striking ‘‘subsection (f)’’ and all that follows
through ‘‘(i) as a line item’’ and inserting ‘‘subsection
(f) as provided for in a line item’’;
(iii) by striking the semicolon preceding clause (ii)
and inserting ‘‘, except that this sentence does not
apply in a case in which the Secretary of Defense
determines in writing that unusual circumstances justify reimbursement using a separate contract.’’; and
(iv) by striking clauses (ii), (iii), and (iv); and
(B) by striking subparagraph (B) and inserting the
following:
‘‘(B) The determinations made in annual performance reviews
of a mentor firm’s mentor-protege agreement under subsection (l)(2)
shall be a major factor in the determinations of amounts of
reimbursement, if any, that the mentor firm is eligible to receive
in the remaining years of the program participation term under
the agreement.
‘‘(C) The total amount reimbursed under this paragraph to
a mentor firm for costs of assistance furnished in a fiscal year
to a protege firm may not exceed $1,000,000, except in a case
in which the Secretary of Defense determines in writing that
unusual circumstances justify a reimbursement of a higher
amount.’’; and
(3) in paragraph (3)(A), by striking ‘‘either subparagraph
(A) or (C) of paragraph (2) or are reimbursed pursuant to
subparagraph (B) of such paragraph’’ and inserting ‘‘paragraph
(2)’’.
(c) THREE-YEAR EXTENSION OF AUTHORITY.—Subsection (j) of
such section is amended to read as follows:
‘‘(j) EXPIRATION OF AUTHORITY.—(1) No mentor-protege agreement may be entered into under subsection (e) after September
30, 2002.
‘‘(2) No reimbursement may be paid, and no credit toward
the attainment of a subcontracting goal may be granted, under
subsection (g) for any cost incurred after September 30, 2005.’’.
(d) REPORTS AND REVIEWS.—(1) Subsection (l) of such section
is amended to read as follows:
‘‘(l) REPORTS AND REVIEWS.—(1) The mentor firm and protege
firm under a mentor-protege agreement shall submit to the Secretary of Defense an annual report on the progress made by the
protege firm in employment, revenues, and participation in Department of Defense contracts during the fiscal year covered by the
report. The requirement for submission of an annual report applies
with respect to each fiscal year covered by the program participation
term under the agreement and each of the two fiscal years following

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113 STAT. 708

10 USC 2302
note.

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the expiration of the program participation term. The Secretary
shall prescribe the timing and form of the annual report.
‘‘(2)(A) The Secretary shall conduct an annual performance
review of each mentor-protege agreement that provides for
reimbursement of costs. The Secretary shall determine on the basis
of the review whether—
‘‘(i) all costs reimbursed to the mentor firm under the
agreement were reasonably incurred to furnish assistance to
the protege firm in accordance with the requirements of this
section and applicable regulations; and
‘‘(ii) the mentor firm and protege firm accurately reported
progress made by the protege firm in employment, revenues,
and participation in Department of Defense contracts during
the program participation term covered by the mentor-protege
agreement and the two fiscal years following the expiration
of the program participation term.
‘‘(B) The Secretary shall act through the Commander of the
Defense Contract Management Command in carrying out the
reviews and making the determinations under subparagraph (A).
‘‘(3) Not later than 6 months after the end of each of fiscal
years 2000 through 2004, the Secretary of Defense shall submit
to Congress an annual report on the Mentor-Protege Program for
that fiscal year.
‘‘(4) The annual report for a fiscal year shall include, at a
minimum, the following:
‘‘(A) The number of mentor-protege agreements that were
entered into during the fiscal year.
‘‘(B) The number of mentor-protege agreements that were
in effect during the fiscal year.
‘‘(C) The total amount reimbursed to mentor firms pursuant
to subsection (g) during the fiscal year.
‘‘(D) Each mentor-protege agreement, if any, that was
approved during the fiscal year in accordance with subsection
(e)(2) to provide a program participation term in excess of
3 years, together with the justification for the approval.
‘‘(E) Each reimbursement of a mentor firm in excess of
the limitation in subsection (g)(2)(C) that was made during
the fiscal year pursuant to an approval granted in accordance
with that subsection, together with the justification for the
approval.
‘‘(F) Trends in the progress made in employment, revenues,
and participation in Department of Defense contracts by the
protege firms participating in the program during the fiscal
year and the protege firms that completed or otherwise terminated participation in the program during the preceding two
fiscal years.’’.
(2)(A) The Secretary of Defense shall conduct a review of the
Mentor-Protege Program established in section 831 of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law 101–
510; 10 U.S.C. 2302 note) to assess the feasibility of transitioning
such program to operation without a specific appropriation or
authority to provide reimbursement to a mentor firm as provided
in subsection (g) of such section (as amended by subsection (b)).
(B) In conducting the review under subparagraph (A), the Secretary shall assess possible additional incentives that may be
extended to mentor firms to ensure adequate support and participation in the Mentor-Protege Program, including increasing the level

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113 STAT. 709

of credit in lieu of subcontract awards presently extended to mentor
firms for purposes of determining whether mentor firms attain
subcontracting participation goals applicable under Department of
Defense contracts.
(C) Not later than September 30, 2000, the Secretary shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives—
(i) a report on the results of the review conducted under
this paragraph; and
(ii) any recommendations of the Secretary for legislative
action.
(3)(A) The Comptroller General shall conduct a study on the
implementation of the Mentor-Protege Program established in section 831 of the National Defense Authorization Act for Fiscal Year
1991 (Public Law 101–510; 10 U.S.C. 2302 note) and the extent
to which the program is achieving the purposes established in
that section in a cost-effective manner.
(B) The study shall include the following:
(i) A review of the manner in which funds for the MentorProtege Program have been obligated.
(ii) An identification and assessment of the average amount
spent by the Department of Defense on individual mentorprotege agreements, and the correlation between levels of
funding and business development of protege firms.
(iii) An evaluation of the effectiveness of the incentives
provided to mentor firms to participate in the Mentor-Protege
Program and whether reimbursements remain a cost-effective
and viable incentive.
(iv) An assessment of the success of the Mentor-Protege
Program in enhancing the business competitiveness and financial independence of protege firms.
(v) A review of the relationship between the results of
the Mentor-Protegee Program and the objectives established
in section 2323 of title 10, United States Code.
(C) Not later than January 1, 2002, the Comptroller General
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the results of the study.
(e) REPEAL OF LIMITATION ON AVAILABILITY OF FUNDING.—
Subsection (n) of section 831 of such Act is repealed.
(f) EFFECTIVE DATE AND SAVINGS PROVISION.—(1) The amendments made by this section shall take effect on October 1, 1999,
and shall apply with respect to mentor-protege agreements that
are entered into under section 831(e) of the National Defense
Authorization Act for Fiscal Year 1991 on or after that date.
(2) Section 831 of the National Defense Authorization Act for
Fiscal Year 1991, as in effect on September 30, 1999, shall continue
to apply with respect to mentor-protege agreements entered into
before October 1, 1999.
SEC. 812. PROGRAM TO INCREASE BUSINESS
DEFENSE ACQUISITION PROGRAMS.

INNOVATION

(a) REQUIREMENT TO DEVELOP PLAN.—Not later than March
1, 2000, the Secretary of Defense shall publish in the Federal
Register for public comment a plan to provide for increased innovative technology for acquisition programs of the Department of
Defense from commercial private sector entities, including smallbusiness concerns.

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Deadline.

10 USC 2302
note.

Reports.
Deadline.

10 USC 2302
note.
10 USC 2302
note.

Deadlines.
Federal Register,
publication.
10 USC 2302
note.

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10 USC 2302
note.

10 USC 2302
note.

PUBLIC LAW 106–65—OCT. 5, 1999

(b) IMPLEMENTATION OF PLAN.—Not later than March 1, 2001,
the Secretary of Defense shall implement the plan required by
subsection (a), subject to any modifications the Secretary may
choose to make in response to comments received.
(c) ELEMENTS OF PLAN.—The plan required by subsection (a)
shall include, at a minimum, the following elements:
(1) Procedures through which commercial private sector
entities, including small-business concerns, may submit proposals recommending cost-saving and innovative ideas to
acquisition program managers.
(2) A review process designed to make recommendations
on the merit and viability of the proposals submitted under
paragraph (1) at appropriate times during the acquisition cycle.
(3) Measures to limit potential disruptions to existing contracts and programs from proposals accepted and incorporated
into acquisition programs of the Department of Defense.
(4) Measures to ensure that research and development
efforts of small-business concerns are considered as early as
possible in a program’s acquisition planning process to
accommodate potential technology insertion without disruption
to existing contracts and programs.
(d) REQUIREMENT FOR REPORT.—Not later than March 1, 2000,
the Secretary of Defense shall submit to the congressional defense
committees a report on the status of the Small Business Innovation
Research program rapid transition plan required by section 818
of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105–261; 112 Stat. 2089). The report
shall include the following:
(1) The status of the implementation of each of the provisions of the plan.
(2) For any provision of the plan that has not been fully
implemented as of the date of the report—
(A) the reasons that the provision has not been fully
implemented; and
(B) a schedule, including specific milestones, for the
implementation of the provision.
(e) SMALL-BUSINESS CONCERN DEFINED.—In this section, the
term ‘‘small-business concern’’ has the same meaning as the
meaning of such term as used in the Small Business Act (15
U.S.C. 631 et seq.).
SEC. 813. INCENTIVES
NOLOGIES.

Deadline.

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PRODUCE

INNOVATIVE

NEW

TECH-

(a) REVIEW OF GUIDELINES.—The Secretary of Defense shall
review the profit guidelines established in the Department of
Defense Supplement to the Federal Acquisition Regulation to consider whether appropriate modifications, such as placing increased
emphasis on technical risk as a factor for determining appropriate
profit margins, would provide an increased profit incentive for contractors to develop and produce complex and innovative new technologies.
(b) CHANGES TO GUIDELINES; REPORT.—Not later than 180 days
after the date of the enactment of this Act, the Secretary shall—
(1) make any changes to the profit guidelines that the
Secretary determines to be necessary; and
(2) report to Congress on the results of the review conducted
under subsection (a) and on any changes to the profit guidelines

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113 STAT. 711

that the Secretary determines to be necessary pursuant to
paragraph (1).
SEC. 814. PILOT PROGRAM FOR COMMERCIAL SERVICES.

(a) PROGRAM AUTHORIZED.—The Secretary of Defense may carry
out a pilot program to treat procurements of commercial services
as procurements of commercial items.
(b) DESIGNATION OF PILOT PROGRAM CATEGORIES.—The Secretary of Defense may designate the following categories of services
as commercial services covered by the pilot program:
(1) Utilities and housekeeping services.
(2) Education and training services.
(3) Medical services.
(c) TREATMENT AS COMMERCIAL ITEMS.—A Department of
Defense contract for the procurement of commercial services designated by the Secretary for the pilot program shall be treated
as a contract for the procurement of commercial items, as defined
in section 4(12) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(12)), if the source of the services provides similar
services contemporaneously to the general public under terms and
conditions similar to those offered to the Federal Government.
(d) GUIDANCE.—Not later than 90 days after the date of the
enactment of this Act, the Secretary shall issue guidance to procurement officials on contracting for commercial services under the
pilot program. The guidance shall place particular emphasis on
ensuring that negotiated prices for designated services, including
prices negotiated without competition, are fair and reasonable.
(e) UNIFIED MANAGEMENT OF PROCUREMENTS.—The Secretary
of Defense shall develop and implement procedures to ensure that,
whenever appropriate, a single item manager or contracting officer
is responsible for entering into all contracts from a single contractor
for commercial services under the pilot program.
(f) DURATION OF PILOT PROGRAM.—(1) The pilot program shall
begin on the date that the Secretary issues the guidance required
by subsection (d) and may continue for a period, not in excess
of five years, that the Secretary shall establish.
(2) The pilot program shall cover Department of Defense contracts for the procurement of commercial services designated by
the Secretary under subsection (b) that are awarded or modified
during the period of the pilot program, regardless of whether the
contracts are performed during the period.
(g) REPORT TO CONGRESS.—(1) The Secretary shall submit to
Congress a report on the impact of the pilot program on—
(A) prices paid by the Federal Government under contracts
for commercial services covered by the pilot program;
(B) the quality and timeliness of the services provided
under such contracts; and
(C) the extent of competition for such contracts.
(2) The Secretary shall submit the report—
(A) not later than 90 days after the end of the third
full fiscal year for which the pilot program is in effect; or
(B) if the period established for the pilot program under
subsection (f)(1) does not cover three full fiscal years, not later
than 90 days after the end of the designated period.
(h) PRICE TREND ANALYSIS.—The Secretary of Defense shall
apply the procedures developed pursuant to section 803(c) of the
Strom Thurmond National Defense Authorization Act for Fiscal

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Year 1999 (Public Law 105–261; 112 Stat. 2081; 10 U.S.C. 2306a
note) to collect and analyze information on price trends for all
services covered by the pilot program and for the services in such
categories of services not covered by the pilot program to which
the Secretary considers it appropriate to apply those procedures.
SEC. 815. EXPANSION OF APPLICABILITY OF REQUIREMENT TO MAKE
CERTAIN PROCUREMENTS FROM SMALL ARMS PRODUCTION INDUSTRIAL BASE.
10 USC 2473
note.

(a) M–2 AND M–60 MACHINE GUNS.—In fulfilling the requirement under subsection (e) of section 809 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105–261; 112 Stat. 2086; 10 U.S.C. 2473 note), if the Secretary
of the Army determines that it is necessary to protect the small
arms production industrial base, the Secretary shall exercise the
authority under subsection (f) of such section with regard to M–
2 and M–60 machine guns.
(b) COVERED PROPERTY AND SERVICES.—Section 2473(b) of title
10, United States Code, is amended—
(1) in paragraph (1)—
(A) by striking ‘‘Repair’’ and inserting ‘‘Critical repair’’;
(B) by striking ‘‘including repair parts’’; and
(C) by inserting ‘‘only’’ after ‘‘consisting’’; and
(2) in paragraph (2), by adding ‘‘such’’ after ‘‘Modifications
of’’.
SEC. 816. COMPLIANCE WITH EXISTING LAW REGARDING PURCHASES
OF EQUIPMENT AND PRODUCTS.

(a) SENSE OF CONGRESS REGARDING PURCHASE BY THE DEPARTDEFENSE OF EQUIPMENT AND PRODUCTS.—It is the sense
of Congress that any entity of the Department of Defense, in
expending funds authorized by this Act for the purchase of equipment or products, should fully comply with the Buy American
Act (41 U.S.C. 10a et seq.) and section 2533 of title 10, United
States Code.
(b) DEBARMENT OF PERSONS CONVICTED OF FRAUDULENT USE
OF ‘‘MADE IN AMERICA’’ LABELS.—If the Secretary of Defense determines that a person has been convicted of intentionally affixing
a label bearing a ‘‘Made in America’’ inscription, or another inscription with the same meaning, to any product sold in or shipped
to the United States that is not made in the United States, the
Secretary shall determine, in accordance with section 2410f of title
10, United States Code, whether the person should be debarred
from contracting with the Department of Defense.
MENT OF

10 USC 2410f
note.

SEC. 817. EXTENSION OF TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE SMALL BUSINESS SUBCONTRACTING PLANS.

Section 834(e) of the National Defense Authorization Act for
Fiscal Years 1990 and 1991 (Public Law 101–189; 15 U.S.C. 637
note) is amended by striking ‘‘September 30, 2000’’ and inserting
‘‘September 30, 2005’’.
SEC. 818. EXTENSION OF INTERIM REPORTING RULE FOR CERTAIN
PROCUREMENTS LESS THAN $100,000.

Section 31(e) of the Office of Federal Procurement Policy Act
(41 U.S.C. 427(e)) is amended by striking ‘‘October 1, 1999’’ and
inserting ‘‘October 1, 2004’’.

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113 STAT. 713

SEC. 819. INSPECTOR GENERAL REVIEW OF COMPLIANCE WITH BUY
AMERICAN ACT IN PURCHASES OF STRENGTH TRAINING
EQUIPMENT.

(a) REVIEW REQUIRED.—The Inspector General of the Department of Defense shall conduct a review to determine the extent
to which the purchases described in subsection (b) are being made
in compliance with the Buy American Act (41 U.S.C. 10a et seq.).
(b) PURCHASES COVERED.—The review shall cover purchases,
made during the review period, of free weights and other exercise
equipment for use in strength training by members of the Armed
Forces stationed at defense installations located in the United
States (including its territories and possessions). For purposes of
the preceding sentence, the review period is the period beginning
on April 1, 1998, and ending on March 31, 2000. Purchases not
in excess of the micro-purchase threshold shall be excluded from
the review.
(c) REPORT.—Not later than December 31, 2000, the Secretary
of Defense shall submit to Congress a report on the results of
the review.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘free weights’’ means dumbbells or solid
metallic disks balanced on crossbars, designed to be lifted for
strength training or athletic competition.
(2) The term ‘‘micro-purchase threshold’’ means the amount
specified in section 32(f) of the Office of Federal Procurement
Policy Act (41 U.S.C. 428(f)).

Deadline.

SEC. 820. REPORT ON OPTIONS FOR ACCELERATED ACQUISITION OF
PRECISION MUNITIONS.

(a) FINDINGS.—Congress finds the following:
(1) Current Department of Defense inventories of many
types of precision munitions do not meet the requirements
for such munitions under the National Military Strategy that
the Department of Defense have the capability to conduct two
nearly simultaneous Major Theater Wars, and with respect
to some types of precision munitions, those requirements will
not be met even after planned acquisitions are complete.
(2) Production lines for certain types of critical precision
munitions have been shut down, and the start-up production
of replacement precision munitions leaves a critical gap in
acquisition of follow-on precision munitions.
(3) Shortages of conventional air-launched cruise missiles
during Operation Allied Force (conducted against the Federal
Republic of Yugoslavia in the spring of 1999) and the necessity
to replenish inventories of land-attack Tomahawk cruise missiles following that operation indicate the critical need to maintain sufficient inventories of precision munitions.
(b) REPORT.—Not later than February 15, 2000, the Secretary
of Defense shall submit to the congressional defense committees
a report on the requirements of the Department of Defense for
precision munitions under the National Military Strategy that the
Department of Defense have the capability to conduct two nearly
simultaneous Major Theater Wars. The report shall include the
following:
(1) The effect of recent conflicts on the shift to precision
munitions of targets previously allocated to nonprecision munitions in the inventory requirements process.

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113 STAT. 714

PUBLIC LAW 106–65—OCT. 5, 1999
(2) The required inventories of precision munitions, by
type, including existing or planned munitions or such munitions
with appropriate upgrades, to meet the requirement that the
Department of Defense have the capability to conduct two
nearly simultaneous Major Theater Wars.
(3) Current inventories of those precision munitions.
(4) The year when required inventories for each of those
types of precision munitions will be achieved within the acquisition plans set forth in the budget of the President for fiscal
year 2001.
(5) The year those inventories would be achieved within
existing or planned production capacity if produced at—
(A) the minimum sustained production rate;
(B) the most economic production rate; and
(C) the maximum production rate.
(6) The required level of funding to support production
for each of those types of munitions at each of the production
rates specified in paragraph (5), compared to the funding programmed for each type of munition in the future-years defense
program using the acquisition plans specified in paragraph
(4).
(7) With respect to each existing or planned munitions
for which the inventory is not expected to meet the two Major
Theater War requirement by October 1, 2005, the Secretary’s
assessment of the risk associated with not having met such
requirement by that date.

SEC. 821. TECHNICAL AMENDMENT TO PROHIBITION ON RELEASE OF
CONTRACTOR PROPOSALS UNDER THE FREEDOM OF
INFORMATION ACT.

Section 2305(g) of title 10, United States Code, is amended
in paragraph (1) by striking ‘‘the Department of Defense’’ and
inserting ‘‘an agency named in section 2303 of this title’’.

TITLE IX—DEPARTMENT OF DEFENSE
ORGANIZATION AND MANAGEMENT
Subtitle A—Department of Defense Strategic Planning
Sec. 901. Permanent requirement for Quadrennial Defense Review.
Sec. 902. Minimum interval for updating and revising Department of Defense strategic plan.
Subtitle B—Department of Defense Organization
Sec. 911. Responsibility for logistics and sustainment functions of the Department
of Defense.
Sec. 912. Enhancement of technology security program of Department of Defense.
Sec. 913. Efficient utilization of defense laboratories.
Sec. 914. Center for the Study of Chinese Military Affairs.
Sec. 915. Authority for acceptance by Asia-Pacific Center for Security Studies of
foreign gifts and donations.
Subtitle C—Personnel Management
Sec. 921. Revisions to limitations on number of personnel assigned to major Department of Defense headquarters activities.
Sec. 922. Defense acquisition workforce reductions.
Sec. 923. Monitoring and reporting requirements regarding operations tempo and
personnel tempo.
Sec. 924. Administration of defense reform initiative enterprise program for military manpower and personnel information.
Sec. 925. Payment of tuition for education and training of members in defense acquisition workforce.

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113 STAT. 715

Subtitle D—Other Matters
Sec. 931. Additional matters for annual reports on joint warfighting experimentation.
Sec. 932. Oversight of Department of Defense activities to combat terrorism.
Sec. 933. Responsibilities and accountability for certain financial management
functions.
Sec. 934. Management of Civil Air Patrol.

Subtitle A—Department of Defense
Strategic Planning
SEC. 901. PERMANENT REQUIREMENT FOR QUADRENNIAL DEFENSE
REVIEW.

(a) REVIEW REQUIRED.—(1) Chapter 2 of title 10, United States
Code, is amended by inserting after section 117 the following new
section:
‘‘§ 118. Quadrennial defense review
‘‘(a) REVIEW REQUIRED.—The Secretary of Defense shall every
four years, during a year following a year evenly divisible by four,
conduct a comprehensive examination (to be known as a ‘quadrennial defense review’) of the national defense strategy, force structure, force modernization plans, infrastructure, budget plan, and
other elements of the defense program and policies of the United
States with a view toward determining and expressing the defense
strategy of the United States and establishing a defense program
for the next 20 years. Each such quadrennial defense review shall
be conducted in consultation with the Chairman of the Joint Chiefs
of Staff.
‘‘(b) CONDUCT OF REVIEW.—Each quadrennial defense review
shall be conducted so as—
‘‘(1) to delineate a national defense strategy consistent with
the most recent National Security Strategy prescribed by the
President pursuant to section 108 of the National Security
Act of 1947 (50 U.S.C. 404a);
‘‘(2) to define sufficient force structure, force modernization
plans, infrastructure, budget plan, and other elements of the
defense program of the United States associated with that
national defense strategy that would be required to execute
successfully the full range of missions called for in that national
defense strategy; and
‘‘(3) to identify (A) the budget plan that would be required
to provide sufficient resources to execute successfully the full
range of missions called for in that national defense strategy
at a low-to-moderate level of risk, and (B) any additional
resources (beyond those programmed in the current futureyears defense program) required to achieve such a level of
risk.
‘‘(c) ASSESSMENT OF RISK.—The assessment of risk for the purposes of subsection (b) shall be undertaken by the Secretary of
Defense in consultation with the Chairman of the Joint Chiefs
of Staff. That assessment shall define the nature and magnitude
of the political, strategic, and military risks associated with executing the missions called for under the national defense strategy.
‘‘(d) SUBMISSION OF QDR TO CONGRESSIONAL COMMITTEES.—
The Secretary shall submit a report on each quadrennial defense
review to the Committees on Armed Services of the Senate and

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PUBLIC LAW 106–65—OCT. 5, 1999

the House of Representatives. The report shall be submitted not
later than September 30 of the year in which the review is conducted. The report shall include the following:
‘‘(1) The results of the review, including a comprehensive
discussion of the national defense strategy of the United States
and the force structure best suited to implement that strategy
at a low-to-moderate level of risk.
‘‘(2) The assumed or defined national security interests
of the United States that inform the national defense strategy
defined in the review.
‘‘(3) The threats to the assumed or defined national security
interests of the United States that were examined for the
purposes of the review and the scenarios developed in the
examination of those threats.
‘‘(4) The assumptions used in the review, including assumptions relating to—
‘‘(A) the status of readiness of United States forces;
‘‘(B) the cooperation of allies, mission-sharing and additional benefits to and burdens on United States forces
resulting from coalition operations;
‘‘(C) warning times;
‘‘(D) levels of engagement in operations other than
war and smaller-scale contingencies and withdrawal from
such operations and contingencies; and
‘‘(E) the intensity, duration, and military and political
end-states of conflicts and smaller-scale contingencies.
‘‘(5) The effect on the force structure and on readiness
for high-intensity combat of preparations for and participation
in operations other than war and smaller-scale contingencies.
‘‘(6) The manpower and sustainment policies required
under the national defense strategy to support engagement
in conflicts lasting longer than 120 days.
‘‘(7) The anticipated roles and missions of the reserve
components in the national defense strategy and the strength,
capabilities, and equipment necessary to assure that the reserve
components can capably discharge those roles and missions.
‘‘(8) The appropriate ratio of combat forces to support forces
(commonly referred to as the ‘tooth-to-tail’ ratio) under the
national defense strategy, including, in particular, the appropriate number and size of headquarters units and Defense
Agencies for that purpose.
‘‘(9) The strategic and tactical air-lift, sea-lift, and ground
transportation capabilities required to support the national
defense strategy.
‘‘(10) The forward presence, pre-positioning, and other
anticipatory deployments necessary under the national defense
strategy for conflict deterrence and adequate military response
to anticipated conflicts.
‘‘(11) The extent to which resources must be shifted among
two or more theaters under the national defense strategy in
the event of conflict in such theaters.
‘‘(12) The advisability of revisions to the Unified Command
Plan as a result of the national defense strategy.
‘‘(13) The effect on force structure of the use by the armed
forces of technologies anticipated to be available for the ensuing
20 years.
‘‘(14) Any other matter the Secretary considers appropriate.

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113 STAT. 717

‘‘(e) CJCS REVIEW.—Upon the completion of each review under
subsection (a), the Chairman of the Joint Chiefs of Staff shall
prepare and submit to the Secretary of Defense the Chairman’s
assessment of the review, including the Chairman’s assessment
of risk. The Chairman’s assessment shall be submitted to the Secretary in time for the inclusion of the assessment in the report.
The Secretary shall include the Chairman’s assessment, together
with the Secretary’s comments, in the report in its entirety.’’.
(2) The table of sections at the beginning of chapter 2 of
such title is amended by inserting after the item relating to section
117 the following new item:
‘‘118. Quadrennial defense review.’’.

(b) DATE FOR SUBMISSION OF NATIONAL SECURITY STRATEGY.—
Section 108(a) of the National Security Act of 1947 (50 U.S.C.
404a(a)) is amended by adding at the end the following new paragraph:
‘‘(3) Not later than 150 days after the date on which a new
President takes office, the President shall transmit to Congress
a national security strategy report under this section. That report
shall be in addition to the report for that year transmitted at
the time specified in paragraph (2).’’.
(c) SPECIFIED MATTER FOR NEXT QDR.—In the first quadrennial
defense review conducted under section 118 of title 10, United
States Code, as added by subsection (a), the Secretary shall include
in the technologies considered for the purposes of paragraph (13)
of subsection (d) of that section the following: precision guided
munitions, stealth, night vision, digitization, and communications.
SEC. 902. MINIMUM INTERVAL FOR UPDATING AND
DEPARTMENT OF DEFENSE STRATEGIC PLAN.

Deadline.

10 USC 118 note.

REVISING

Section 306(b) of title 5, United States Code, is amended by
striking ‘‘, and shall be updated and revised at least every three
years.’’ and inserting a period and the following: ‘‘The strategic
plan shall be updated and revised at least every three years, except
that the strategic plan for the Department of Defense shall be
updated and revised at least every four years.’’.

Subtitle B—Department of Defense
Organization
SEC. 911. RESPONSIBILITY FOR LOGISTICS AND SUSTAINMENT FUNCTIONS OF THE DEPARTMENT OF DEFENSE.

(a) UNDER SECRETARY OF DEFENSE FOR ACQUISITION AND TECHNOLOGY.—(1) The position of Under Secretary of Defense for Acquisi-

10 USC 133 note.

tion and Technology in the Department of Defense is hereby
redesignated as the Under Secretary of Defense for Acquisition,
Technology, and Logistics. Any reference in any law, regulation,
document, or other record of the United States to the Under Secretary of Defense for Acquisition and Technology shall be treated
as referring to the Under Secretary of Defense for Acquisition,
Technology, and Logistics.
(2) Section 133 of title 10, United States Code, is amended—
(A) in subsections (a), (b), and (e)(1), by striking ‘‘Under
Secretary of Defense for Acquisition and Technology’’ and

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113 STAT. 718

PUBLIC LAW 106–65—OCT. 5, 1999

inserting ‘‘Under Secretary of Defense for Acquisition, Technology, and Logistics’’; and
(B) in subsection (b)—
(i) by striking ‘‘logistics,’’ in paragraph (2);
(ii) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
(iii) by inserting after paragraph (2) the following new
paragraph (3):
‘‘(3) establishing policies for logistics, maintenance, and
sustainment support for all elements of the Department of
Defense;’’.
(b) NEW DEPUTY UNDER SECRETARY FOR LOGISTICS AND MATERIEL READINESS.—(1) Chapter 4 of title 10, United States Code,
is amended by inserting after section 133a the following new section:
‘‘§ 133b. Deputy Under Secretary of Defense for Logistics and
Materiel Readiness
‘‘(a) There is a Deputy Under Secretary of Defense for Logistics
and Materiel Readiness, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Deputy
Under Secretary shall be appointed from among persons with an
extensive background in the sustainment of major weapon systems
and combat support equipment.
‘‘(b) The Deputy Under Secretary is the principal adviser to
the Secretary and the Under Secretary of Defense for Acquisition,
Technology, and Logistics on logistics and materiel readiness in
the Department of Defense and is the principal logistics official
within the senior management of the Department of Defense.
‘‘(c) The Deputy Under Secretary shall perform such duties
relating to logistics and materiel readiness as the Under Secretary
of Defense for Acquisition, Technology, and Logistics may assign,
including—
‘‘(1) prescribing, by authority of the Secretary of Defense,
policies and procedures for the conduct of logistics, maintenance, materiel readiness, and sustainment support in the
Department of Defense;
‘‘(2) advising and assisting the Secretary of Defense, the
Deputy Secretary of Defense, and the Under Secretary of
Defense for Acquisition, Technology, and Logistics providing
guidance to and consulting with the Secretaries of the military
departments, with respect to logistics, maintenance, materiel
readiness, and sustainment support in the Department of
Defense; and
‘‘(3) monitoring and reviewing all logistics, maintenance,
materiel readiness, and sustainment support programs in the
Department of Defense.’’.
(2) Section 5314 of title 5, United States Code, is amended
by inserting after the paragraph relating to the Deputy Under
Secretary of Defense for Acquisition and Technology the following
new paragraph:
‘‘Deputy Under Secretary of Defense for Logistics and Materiel Readiness.’’.
(c) REVISIONS TO LAW PROVIDING FOR DEPUTY UNDER SECRETARY FOR ACQUISITION AND TECHNOLOGY.—Section 133a(b) of
title 10, United States Code, is amended—

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113 STAT. 719

(1) by striking ‘‘his duties’’ in the first sentence and
inserting ‘‘the Under Secretary’s duties relating to acquisition
and technology’’; and
(2) by striking the second sentence.
(d) CONFORMING AMENDMENTS TO CHAPTER 4.—Chapter 4 of
such title is further amended as follows:
(1) Sections 131(b)(2), 134(c), 137(b), and 139(b) are
amended by striking ‘‘Under Secretary of Defense for Acquisition and Technology’’ each place it appears and inserting ‘‘Under
Secretary of Defense for Acquisition, Technology, and Logistics’’.
(2) The heading of section 133 is amended to read as
follows:
‘‘§ 133. Under Secretary of Defense for Acquisition, Technology, and Logistics’’.
(3) The table of sections at the beginning of the chapter
is amended—
(A) by striking the item relating to section 133 and
inserting the following:
‘‘133. Under Secretary of Defense for Acquisition, Technology, and Logistics.’’;

and
(B) by inserting after the item relating to section 133a
the following new item:
‘‘133b. Deputy Under Secretary of Defense for Logistics and Materiel Readiness.’’.

(e) ADDITIONAL CONFORMING AMENDMENTS.—Section 5313 of
title 5, United States Code, is amended by striking ‘‘Under Secretary
of Defense for Acquisition and Technology’’ and inserting ‘‘Under
Secretary of Defense for Acquisition, Technology, and Logistics’’.
SEC. 912. ENHANCEMENT OF TECHNOLOGY SECURITY PROGRAM OF
DEPARTMENT OF DEFENSE.

(a) SPECIFICATION OF TECHNOLOGY SECURITY DIRECTORATE.—
For purposes of this section, a reference to the Technology Security
Directorate is a reference to the element within the Defense Threat
Reduction Agency of the Department of Defense having responsibility for technology security matters (known as of the date of
the enactment of this Act as the Technology Security Directorate).
(b) FUNCTIONS.—The head of the Technology Security Directorate shall have authority to advise the Secretary of Defense
and the Deputy Secretary of Defense, through the Under Secretary
of Defense for Policy, on policy issues related to the transfer of
strategically sensitive technology, including issues relating to the
following:
(1) Strategic trade.
(2) Defense cooperative programs.
(3) Science and technology agreements and exchanges.
(4) Export of munitions items.
(5) International memorandums of understanding.
(6) Foreign acquisitions.
(c) RESOURCES FOR TECHNOLOGY SECURITY DIRECTORATE.—The
Secretary of Defense shall ensure that the head of the Technology
Security Directorate has appropriate personnel and fiscal resources
available, and receives all necessary support, to carry out the missions of the Directorate efficiently and effectively.

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113 STAT. 720

Deadline.

PUBLIC LAW 106–65—OCT. 5, 1999

(d) APPROVAL AUTHORITY OF UNDER SECRETARY FOR POLICY.—
Staff and resources of the Technology Security Directorate may
not be used to fulfill any requirement or activity of the Defense
Threat Reduction Agency that does not directly relate to the technology security and export control missions of the Technology Security Directorate except with the prior approval of the Under Secretary of Defense for Policy.
(e) REPORT ON EXPORT CONTROL RESOURCES.—Not later than
March 1, 2000, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the personnel and
budget resources of the Technology Security Directorate as of
October 1, 1998, and as of September 30, 1999, as well as any
planned increases in those resources for fiscal years 2000 and
2001. The report shall include the following:
(1) Numbers of personnel, measured in full-time equivalents.
(2) Number of license applications reviewed.
(3) The budget of the Technology Security Directorate.
(4) The number of personnel during the preceding fiscal
year assigned to the Technology Security Directorate who were
assigned during that year to assist in activities of the Defense
Threat Reduction Agency unrelated to technology security or
export control issues, together with an explanation of the effect
of any such assignment on the Directorate’s ability to fulfill
its mission.
SEC. 913. EFFICIENT UTILIZATION OF DEFENSE LABORATORIES.

Deadlines.

Deadline.
10 USC 2364
note.

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(a) ANALYSIS BY INDEPENDENT PANEL.—(1) Not later than 45
days after the date of the enactment of this Act, the Secretary
of Defense shall convene a panel of independent experts under
the auspices of the Defense Science Board to conduct an analysis
of the resources and capabilities of all of the laboratories and
test and evaluation facilities of the Department of Defense,
including those of the military departments. In conducting the
analysis, the panel shall identify opportunities to achieve efficiency
and reduce duplication of efforts by consolidating responsibilities
by area or function or by designating lead agencies or executive
agents in cases considered appropriate. The panel shall report its
findings to the Secretary of Defense and to Congress not later
than August 1, 2000.
(2) The analysis required by paragraph (1) shall, at a minimum,
address the capabilities of the laboratories and test and evaluation
facilities in the areas of air vehicles, armaments, command, control,
communications, and intelligence, space, directed energy, electronic
warfare, medicine, corporate laboratories, civil engineering, geophysics, and the environment.
(b) PERFORMANCE REVIEW PROCESS.—Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall develop an appropriate performance review process for rating
the quality and relevance of work performed by the Department
of Defense laboratories. The process shall include customer evaluation and peer review by Department of Defense personnel and
appropriate experts from outside the Department of Defense. The
process shall provide for rating all laboratories of the Army, Navy,
and Air Force on a consistent basis.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 721

SEC. 914. CENTER FOR THE STUDY OF CHINESE MILITARY AFFAIRS.

(a) ESTABLISHMENT.—The Secretary of Defense shall establish
a Center for the Study of Chinese Military Affairs as part of
the National Defense University. The Center shall be organized
under the Institute for National Strategic Studies of the University.
(b) QUALIFICATIONS OF DIRECTOR.—The Director of the Center
shall be an individual who is a distinguished scholar of proven
academic, management, and leadership credentials with a superior
record of achievement and publication regarding Chinese political,
strategic, and military affairs.
(c) MISSION.—The mission of the Center is to study and inform
policymakers in the Department of Defense, Congress, and throughout the Government regarding the national goals and strategic
posture of the People’s Republic of China and the ability of that
nation to develop, field, and deploy an effective military instrument
in support of its national strategic objectives. The Center shall
accomplish that mission by a variety of means intended to widely
disseminate the research findings of the Center.
(d) STARTUP OF CENTER.—The Secretary of Defense shall establish the Center for the Study of Chinese Military Affairs not later
than March 1, 2000. The first Director of the Center shall be
appointed not later than June 1, 2000. The Center should be fully
operational not later than June 1, 2001.
(e) IMPLEMENTATION REPORT.—(1) Not later than January 1,
2001, the President of the National Defense University shall submit
to the Secretary of Defense a report setting forth the President’s
organizational plan for the Center for the Study of Chinese Military
Affairs, the proposed budget for the Center, and the timetable
for initial and full operations of the Center. The President of the
National Defense University shall prepare that report in consultation with the Director of the Center and the Director of the Institute
for National Strategic Studies of the University.
(2) The Secretary of Defense shall transmit the report under
paragraph (1), together with whatever comments the Secretary
considers appropriate, to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives not later than February 1, 2001.

10 USC 2165
note.

Deadlines.

SEC. 915. AUTHORITY FOR ACCEPTANCE BY ASIA-PACIFIC CENTER
FOR SECURITY STUDIES OF FOREIGN GIFTS AND DONATIONS.

(a) IN GENERAL.—Chapter 155 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 2611. Asia-Pacific Center for Security Studies: acceptance
of foreign gifts and donations
‘‘(a) AUTHORITY TO ACCEPT FOREIGN GIFTS AND DONATIONS.—
(1) Subject to subsection (b), the Secretary of Defense may accept,
on behalf of the Asia-Pacific Center, foreign gifts or donations
in order to defray the costs of, or enhance the operation of, the
Asia-Pacific Center.
‘‘(2) In this section, the term ‘Asia-Pacific Center’ means the
Department of Defense organization within the United States
Pacific Command known as the Asia-Pacific Center for Security
Studies.

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113 STAT. 722

PUBLIC LAW 106–65—OCT. 5, 1999

‘‘(b) LIMITATION.—The Secretary may not accept a gift or donation under subsection (a) if the acceptance of the gift or donation
would compromise or appear to compromise—
‘‘(1) the ability of the Department of Defense, any employee
of the Department, or members of the armed forces to carry
out any responsibility or duty of the Department in a fair
and objective manner; or
‘‘(2) the integrity of any program of the Department of
Defense or of any person involved in such a program.
‘‘(c) CRITERIA FOR ACCEPTANCE.—The Secretary shall prescribe
written guidance setting forth the criteria to be used in determining
whether the acceptance of a foreign gift or donation would have
a result described in subsection (b).
‘‘(d) CREDITING OF FUNDS.—Funds accepted by the Secretary
under subsection (a) shall be credited to appropriations available
to the Department of Defense for the Asia-Pacific Center. Funds
so credited shall be merged with the appropriations to which credited and shall be available to the Asia-Pacific Center for the same
purposes and same period as the appropriations with which merged.
‘‘(e) NOTICE TO CONGRESS.—If the total amount of funds
accepted under subsection (a) in any fiscal year exceeds $2,000,000,
the Secretary shall notify Congress of the amount of those donations
for that fiscal year. Any such notice shall list each of the contributors of such amounts and the amount of each contribution in that
fiscal year.
‘‘(f) FOREIGN GIFT OR DONATION DEFINED.—For purposes of
this section, a foreign gift or donation is a gift or donation of
funds, materials (including research materials), property, or services
(including lecture services and faculty services) from a foreign
government, a foundation or other charitable organization in a
foreign country, or an individual in a foreign country.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following
new item:
‘‘2611. Asia-Pacific Center for Security Studies: acceptance of foreign gifts and donations.’’.

Subtitle C—Personnel Management
SEC. 921. REVISIONS TO LIMITATIONS ON NUMBER OF PERSONNEL
ASSIGNED TO MAJOR DEPARTMENT OF DEFENSE HEADQUARTERS ACTIVITIES.

(a) REVISED LIMITATION.—(1) Section 130a of title 10, United
States Code, is amended to read as follows:

Deadline.

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‘‘§ 130a. Major Department of Defense headquarters activities personnel: limitation
‘‘(a) LIMITATION.—Effective October 1, 2002, the number of
major headquarters activities personnel in the Department of
Defense may not exceed 85 percent of the baseline number.
‘‘(b) PHASED REDUCTION.—The number of major headquarters
activities personnel in the Department of Defense—
‘‘(1) as of October 1, 2000, may not exceed 95 percent
of the baseline number; and
‘‘(2) as of October 1, 2001, may not exceed 90 percent
of the baseline number.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 723

‘‘(c) BASELINE NUMBER.—In this section, the term ‘baseline
number’ means the number of major headquarters activities personnel in the Department of Defense as of October 1, 1999.
‘‘(d) MAJOR HEADQUARTERS ACTIVITIES.—(1) For purposes of
this section, major headquarters activities are those headquarters
(and the direct support integral to their operation) the primary
mission of which is to manage or command the programs and
operations of the Department of Defense, the Department of Defense
components, and their major military units, organizations, or agencies. Such term includes management headquarters, combatant
headquarters, and direct support.
‘‘(2) The specific elements of the Department of Defense that
are major headquarters activities for the purposes of this section
are those elements identified as Major DoD Headquarters Activities
in accordance with Department of Defense Directive 5100.73, entitled ‘Major Department of Defense Headquarters Activities’, issued
on May 13, 1999. The provisions of that directive applicable to
identification of any activity as a ‘Major DoD Headquarters Activity’
may not be changed except as provided by law.
‘‘(e) MAJOR HEADQUARTERS ACTIVITIES PERSONNEL.—In this
section, the term ‘major headquarters activities personnel’ means
military and civilian personnel of the Department of Defense who
are assigned to, or employed in, functions in major headquarters
activities.
‘‘(f) LIMITATION ON REASSIGNMENT OF FUNCTIONS.—In carrying
out reductions in the number of personnel assigned to, or employed
in, major headquarters activities in order to comply with this section, the Secretary of Defense and the Secretaries of the military
departments may not reassign functions in order to evade the
requirements of this section.’’.
(2) The item relating to such section in the table of sections
at the beginning of chapter 3 of such title is amended to read
as follows:
‘‘130a. Major Department of Defense headquarters activities personnel: limitation.’’.

(b) REPORT.—Not later than October 1, 2000, the Secretary
of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives a report providing—
(1) the Secretary’s assessment of the manner in which
major headquarters activities are specified in subsection (d)
of section 130a of title 10, United States Code, as amended
by subsection (a);
(2) the baseline number in effect for purposes of that section; and
(3) the effect (if any) of the reductions required by that
section on the Department’s various headquarters activities.
(c) TECHNICAL AMENDMENTS TO UPDATE LIMITATION ON OSD
PERSONNEL.—Effective October 1, 1999, section 143 of title 10,
United States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘Effective October 1, 1999, the’’ and
inserting ‘‘The’’; and
(B) by striking ‘‘75 percent of the baseline number’’
and inserting ‘‘3,767’’.
(2) by striking subsections (b), (c), and (f); and

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113 STAT. 724

PUBLIC LAW 106–65—OCT. 5, 1999
(3) by redesignating subsections (d) and (e) as subsections
(b) and (c), respectively.

SEC. 922. DEFENSE ACQUISITION WORKFORCE REDUCTIONS.

Deadline.

(a) REDUCTION.—The Secretary of Defense shall implement
reductions during fiscal year 2000 in the defense acquisition and
support workforce in a number not less than the number by which
that workforce is programmed to be reduced during that fiscal
year in the President’s budget for that fiscal year.
(b) ADMINISTRATIVE FLEXIBILITY.—If the Secretary determines
and certifies to Congress that changed circumstances require, in
the national security interest of the United States, that the reduction under subsection (a) be in a number less than the number
applicable under that subsection, the Secretary may specify a lower
number for that reduction, which may not be less than 10 percent
less than the number applicable under subsection (a).
(c) REPORT.—Not later than May 1, 2000, the Secretary shall
submit to Congress a report on the defense acquisition and support
workforce. The Secretary shall include in that report—
(1) the total number of personnel the Secretary expects
to reduce from the defense acquisition and support workforce
during fiscal year 2000 pursuant to subsection (a); and
(2) the total number by which that workforce is programmed to be reduced for fiscal year 2001 in the President’s
budget for that fiscal year.
(d) DEFENSE ACQUISITION WORKFORCE DEFINED.—For purposes
of this section, the term ‘‘defense acquisition and support workforce’’
has the meaning given that term in section 931(d) of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999
(Public Law 105–261; 112 Stat. 2106).
SEC. 923. MONITORING AND REPORTING REQUIREMENTS REGARDING
OPERATIONS TEMPO AND PERSONNEL TEMPO.

(a) RESPONSIBILITY OVER MONITORING AND STANDARDS.—Section 136 of title 10, United States Code, is amended by adding
at the end the following new subsection:
‘‘(d) The Under Secretary of Defense for Personnel and Readiness is responsible, subject to the authority, direction, and control
of the Secretary of Defense, for the monitoring of the operations
tempo and personnel tempo of the armed forces. The Under Secretary shall establish, to the extent practicable, uniform standards
within the Department of Defense for terminology and policies
relating to deployment of units and personnel away from their
assigned duty stations (including the length of time units or personnel may be away for such a deployment) and shall establish
uniform reporting systems for tracking deployments.’’.
(b) ANNUAL REPORTING REQUIREMENTS.—(1) Chapter 23 of such
title is amended by adding after section 486, as added by section
241(a), the following new section:
‘‘§ 487. Unit operations tempo and personnel tempo: annual
report
‘‘(a) INCLUSION IN ANNUAL REPORT.—The Secretary of Defense
shall include in the annual report required by section 113(c) of
this title a description of the operations tempo and personnel tempo
of the armed forces.
‘‘(b) SPECIFIC REQUIREMENTS.—(1) Until such time as the Secretary of Defense develops a common method to measure operations

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 725

tempo and personnel tempo for the armed forces, the description
required under subsection (a) shall include the methods by which
each of the armed forces measures operations tempo and personnel
tempo.
‘‘(2) The description shall include the personnel tempo policies
of each of the armed forces and any changes to these policies
since the preceding report.
‘‘(3) The description shall include a table depicting the active
duty end strength for each of the armed forces for each of the
preceding five years and also depicting the number of members
of each of the armed forces deployed over the same period, as
determined by the Secretary concerned.
‘‘(4) The description shall identify the active and reserve component units of the armed forces participating at the battalion,
squadron, or an equivalent level (or a higher level) in contingency
operations, major training events, and other exercises and contingencies of such a scale that the exercises and contingencies receive
an official designation, that were conducted during the period covered by the report and the duration of their participation.
‘‘(5) For each of the armed forces, the description shall indicate
the average number of days a member of that armed force was
deployed away from the member’s home station during the period
covered by the report as compared to recent previous years for
which such information is available.
‘‘(6) For each of the armed forces, the description shall indicate
the number of days that high demand, low density units (as defined
by the Chairman of the Joint Chiefs of Staff) were deployed during
the period covered by the report, and whether these units met
the force goals for limiting deployments, as described in the personnel tempo policies applicable to that armed force.
‘‘(c) OPERATIONS TEMPO AND PERSONNEL TEMPO DEFINED.—
Until such time as the Secretary of Defense establishes definitions
of operations tempo and personnel tempo applicable to all of the
armed forces, the following definitions shall apply for purposes
of the preparation of the description required under subsection
(a):
‘‘(1) The term ‘operations tempo’ means the rate at which
units of the armed forces are involved in all military activities,
including contingency operations, exercises, and training
deployments.
‘‘(2) The term ‘personnel tempo’ means the amount of time
members of the armed forces are engaged in their official duties,
including official duties at a location or under circumstances
that make it infeasible for a member to spend off-duty time
in the housing in which the member resides when on garrison
duty at the member’s permanent duty station.
‘‘(d) OTHER DEFINITIONS.—In this section, the term ‘armed
forces’ does not include the Coast Guard when it is not operating
as a service in the Department of the Navy.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item relating to section 486, as
added by section 241(a), the following new item:
‘‘487. Unit operations tempo and personnel tempo: annual report.’’.

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113 STAT. 726
10 USC 113 note.

PUBLIC LAW 106–65—OCT. 5, 1999

SEC. 924. ADMINISTRATION OF DEFENSE REFORM INITIATIVE ENTERPRISE PROGRAM FOR MILITARY MANPOWER AND PERSONNEL INFORMATION.

(a) EXECUTIVE AGENT.—The Secretary of Defense may designate
the Secretary of the Navy as the Department of Defense executive
agent for carrying out the pilot program described in subsection
(c).
(b) IMPLEMENTING OFFICE.—If the Secretary of Defense makes
the designation referred to in subsection (a), the Secretary of the
Navy, in carrying out that pilot program, shall act through the
head of the Systems Executive Office for Manpower and Personnel
of the Department of the Navy, who shall act in coordination
with the Under Secretary of Defense for Personnel and Readiness
and the Chief Information Officer of the Department of Defense.
(c) PILOT PROGRAM.—The pilot program referred to in subsection (a) is the defense reform initiative enterprise pilot program
for military manpower and personnel information established
pursuant to section 8147 of the Department of Defense Appropriations Act, 1999 (Public Law 105–262; 112 Stat. 2341; 10 U.S.C.
113 note).
SEC. 925. PAYMENT OF TUITION FOR EDUCATION AND TRAINING OF
MEMBERS IN DEFENSE ACQUISITION WORKFORCE.

10 USC 1745
note.

(a) AUTHORITY TO EXCEED 75 PERCENT LIMITATION.—Subsection (a) of section 1745 of title 10, United States Code, is
amended to read as follows:
‘‘(a) TUITION REIMBURSEMENT AND TRAINING.—(1) The Secretary of Defense shall provide for tuition reimbursement and
training (including a full-time course of study leading to a degree)
for acquisition personnel in the Department of Defense.
‘‘(2) For civilian personnel, the reimbursement and training
shall be provided under section 4107(b) of title 5 for the purposes
described in that section. For purposes of such section 4107(b),
there is deemed to be, until September 30, 2001, a shortage of
qualified personnel to serve in acquisition positions in the Department of Defense.
‘‘(3) In the case of members of the armed forces, the limitation
in section 2007(a) of this title shall not apply to tuition reimbursement and training provided for under this subsection.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply with respect to charges for tuition or expenses incurred
after the date of the enactment of this Act.

Subtitle D—Other Matters
SEC. 931. ADDITIONAL MATTERS FOR ANNUAL REPORTS ON JOINT
WARFIGHTING EXPERIMENTATION.

Section 485(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(5) With respect to improving the effectiveness of joint
warfighting, any recommendations that the commander considers appropriate, based on the results of joint warfighting
experimentation, regarding—
‘‘(A) the development, procurement, or fielding of
advanced technologies, systems, or weapons or systems

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 727

platforms or other changes in doctrine, operational concepts, organization, training, materiel, leadership, personnel, or the allocation of resources;
‘‘(B) the reduction or elimination of redundant equipment and forces, including guidance regarding the
synchronization of the fielding of advanced technologies
among the armed forces to enable the development and
execution of joint operational concepts;
‘‘(C) recommendations for mission needs statements,
operational requirements, and relative priorities for
acquisition programs to meet joint requirements; and
‘‘(D) a description of any actions taken by the Secretary
of Defense to implement the recommendations of the commander.’’.
SEC. 932. OVERSIGHT OF DEPARTMENT OF DEFENSE ACTIVITIES TO
COMBAT TERRORISM.

(a) REPORT REQUIREMENT.—Not later than December 31, 1999,
the Secretary of Defense shall submit to the congressional defense
committees a report, in classified and unclassified form, identifying
all programs and activities of the Department of Defense combating
terrorism program. The report shall include—
(1) the definitions used by the Department of Defense
for all terms relating to combating terrorism, including
‘‘counterterrorism’’, ‘‘anti-terrorism’’, and ‘‘consequence management’’; and
(2) the various initiatives and projects being conducted
by the Department that fall under each of the categories
referred to in paragraph (1).
(b) ANNUAL BUDGET INFORMATION.—(1) Chapter 9 of title 10,
United States Code, is amended by adding at the end the following
new section:

Deadline.

‘‘§ 229. Programs for combating terrorism: display of budget
information
‘‘(a) SUBMISSION WITH ANNUAL BUDGET JUSTIFICATION DOCUMENTS.—The Secretary of Defense shall submit to Congress, as
a part of the documentation that supports the President’s annual
budget for the Department of Defense, a consolidated budget justification display, in classified and unclassified form, that includes
all programs and activities of the Department of Defense combating
terrorism program.
‘‘(b) REQUIREMENTS FOR BUDGET DISPLAY.—The budget display
under subsection (a) shall include—
‘‘(1) the amount requested, by appropriation and functional
area, for each of the program elements, projects, and initiatives
that support the Department of Defense combating terrorism
program, with supporting narrative descriptions and rationale
for the funding levels requested; and
‘‘(2) a summary, to the program element and project level
of detail, of estimated expenditures for the current year, funds
requested for the budget year, and budget estimates through
the completion of the current future-years defense plan for
the Department of Defense combating terrorism program.
‘‘(c) EXPLANATION OF INCONSISTENCIES.—As part of the budget
display under subsection (a) for any fiscal year, the Secretary shall
identify and explain—

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113 STAT. 728

PUBLIC LAW 106–65—OCT. 5, 1999

‘‘(1) any inconsistencies between (A) the information submitted under subsection (b) for that fiscal year, and (B) the
information provided to the Director of the Office of Management and Budget in support of the annual report of the President to Congress on funding for executive branch
counterterrorism and antiterrorism programs and activities for
that fiscal year in accordance with section 1051(b) of the
National Defense Authorization Act for Fiscal Year 1998 (31
U.S.C. 1113 note); and
‘‘(2) any inconsistencies between (A) the execution, during
the previous fiscal year and the current fiscal year, of programs
and activities of the Department of Defense combating terrorism program, and (B) the funding and specification for such
programs and activities for those fiscal years in the manner
provided by Congress (both in statutes and in relevant legislative history).
‘‘(d) SEMIANNUAL REPORTS ON OBLIGATIONS AND EXPENDITURES.—The Secretary shall submit to the congressional defense
committees a semiannual report on the obligation and expenditure
of funds for the Department of Defense combating terrorism program. Such reports shall be submitted not later than April 15
each year, with respect to the first half of a fiscal year, and not
later than November 15 each year, with respect to the second
half of a fiscal year. Each such report shall compare the amounts
of those obligations and expenditures to the amounts authorized
and appropriated for the Department of Defense combating terrorism program for that fiscal year, by budget activity, sub-budget
activity, and program element or line item. The second report
for a fiscal year shall show such information for the second half
of the fiscal year and cumulatively for the whole fiscal year. The
report shall be submitted in unclassified form, but may have a
classified annex.
‘‘(e) DEPARTMENT OF DEFENSE COMBATING TERRORISM PROGRAM.—In this section, the term ‘Department of Defense combating
terrorism program’ means the programs, projects, and activities
of the Department of Defense related to combating terrorism inside
and outside the United States.
‘‘(f) CONGRESSIONAL DEFENSE COMMITTEES DEFINED.—In this
section, the term ‘congressional defense committees’ means—
‘‘(A) the Committee on Armed Services and the Committee
on Appropriations of the Senate; and
‘‘(B) the Committee on Armed Services and the Committee
on Appropriations of the House of Representatives.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘229. Programs for combating terrorism: display of budget information.’’.
SEC. 933. RESPONSIBILITIES AND ACCOUNTABILITY FOR CERTAIN
FINANCIAL MANAGEMENT FUNCTIONS.

(a) IN GENERAL.—(1) Chapter 165 of title 10, United States
Code, is amended by adding at the end the following new sections:

Regulations.

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‘‘§ 2784. Management of credit cards
‘‘(a) MANAGEMENT OF CREDIT CARDS.—The Secretary of
Defense, acting through the Under Secretary of Defense (Comptroller), shall prescribe regulations governing the use and control

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 729

of all credit cards and convenience checks that are issued to Department of Defense personnel for official use. Those regulations shall
be consistent with regulations that apply Government-wide
regarding use of credit cards by Government personnel for official
purposes.
‘‘(b) REQUIRED SAFEGUARDS AND INTERNAL CONTROLS.—Regulations under subsection (a) shall include safeguards and internal
controls to ensure the following:
‘‘(1) That there is a record in the Department of Defense
of each holder of a credit card issued by the Department of
Defense for official use, annotated with the limitations on
amounts that are applicable to the use of each such card
by that credit card holder.
‘‘(2) That the holder of a credit card and each official
with authority to authorize expenditures charged to the credit
card are responsible for—
‘‘(A) reconciling the charges appearing on each statement of account for that credit card with receipts and
other supporting documentation; and
‘‘(B) forwarding that statement after being so reconciled
to the designated disbursing office in a timely manner.
‘‘(3) That any disputed credit card charge, and any discrepancy between a receipt and other supporting documentation
and the credit card statement of account, is resolved in the
manner prescribed in the applicable Government-wide credit
card contract entered into by the Administrator of General
Services.
‘‘(4) That payments on credit card accounts are made
promptly within prescribed deadlines to avoid interest penalties.
‘‘(5) That rebates and refunds based on prompt payment
on credit card accounts are properly recorded.
‘‘(6) That records of each credit card transaction (including
records on associated contracts, reports, accounts, and invoices)
are retained in accordance with standard Government policies
on the disposition of records.
‘‘§ 2785. Remittance addresses: regulation of alterations
‘‘The Secretary of Defense, acting through the Under Secretary
of Defense (Comptroller), shall prescribe regulations setting forth
controls on alteration of remittance addresses. Those regulations
shall ensure that—
‘‘(1) a remittance address for a disbursement that is provided by an officer or employee of the Department of Defense
authorizing or requesting the disbursement is not altered by
any officer or employee of the department authorized to prepare
the disbursement; and
‘‘(2) a remittance address for a disbursement is altered
only if the alteration—
‘‘(A) is requested by the person to whom the disbursement is authorized to be remitted; and
‘‘(B) is made by an officer or employee authorized to
do so who is not an officer or employee referred to in
paragraph (1).’’.

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PUBLIC LAW 106–65—OCT. 5, 1999

(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new items:
‘‘2784. Management of credit cards.
‘‘2785. Remittance addresses: regulation of alterations.’’.
10 USC 2784
note.

10 USC 2785
note.

(b) EFFECTIVE DATE.—(1) Regulations under section 2784 of
title 10, United States Code, as added by subsection (a), shall
be prescribed not later than 180 days after the date of the enactment
of this Act.
(2) Regulations under section 2785 of title 10, United States
Code, as added by subsection (a), shall be prescribed not later
than 180 days after the date of the enactment of this Act.
SEC. 934. MANAGEMENT OF CIVIL AIR PATROL.

Deadline.

(a) SENSE OF CONGRESS.—It is the sense of Congress that
no major change to the governance structure of the Civil Air Patrol
should be mandated by Congress until a review of potential improvements in the management and oversight of Civil Air Patrol operations is conducted.
(b) GAO STUDY.—The Comptroller General shall conduct a
study of potential improvements to Civil Air Patrol operations,
including Civil Air Patrol financial management, Air Force and
Civil Air Patrol oversight, and the Civil Air Patrol safety program.
Not later than February 15, 2000, the Comptroller General shall
submit a report on the results of the study to the congressional
defense committees.
(c) INSPECTOR GENERAL REVIEW.—(1) The Inspector General
of the Department of Defense shall review the financial and
management operations of the Civil Air Patrol. The review shall
include an audit.
(2) Not later than February 15, 2000, the Inspector General
shall submit to the congressional defense committees a report on
the review, including, specifically, the results of the audit. The
report shall include any recommendations that the Inspector General considers appropriate regarding actions necessary to ensure
the proper oversight of the financial and management operations
of the Civil Air Patrol.

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PUBLIC LAW 106–65—OCT. 5, 1999
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1013.
1014.
1015.
1016.
1017.
1018.

113 STAT. 731

Report on naval vessel force structure requirements.
Auxiliary vessels acquisition program for the Department of Defense.
National Defense Features program.
Sales of naval shipyard articles and services to nuclear ship contractors.
Transfer of naval vessel to foreign country.
Authority to transfer naval vessels to certain foreign countries.

Subtitle C—Support for Civilian Law Enforcement and Counter Drug
Activities
Sec. 1021. Modification of limitation on funding assistance for procurement of
equipment for the National Guard for drug interdiction and counterdrug activities.
Sec. 1022. Temporary extension to certain naval aircraft of Coast Guard authority
for drug interdiction activities.
Sec. 1023. Military assistance to civil authorities to respond to act or threat of terrorism.
Sec. 1024. Condition on development of forward operating locations for United
States Southern Command counter-drug detection and monitoring
flights.
Sec. 1025. Annual report on United States military activities in Colombia.
Sec. 1026. Report on use of radar systems for counter-drug detection and monitoring.
Sec. 1027. Plan regarding assignment of military personnel to assist Immigration
and Naturalization Service and Customs Service.
Subtitle D—Miscellaneous Report Requirements and Repeals
Sec. 1031. Preservation of certain defense reporting requirements.
Sec. 1032. Repeal of certain reporting requirements not preserved.
Sec. 1033. Reports on risks under National Military Strategy and combatant command requirements.
Sec. 1034. Report on lift and prepositioned support requirements to support National Military Strategy.
Sec. 1035. Report on assessments of readiness to execute the National Military
Strategy.
Sec. 1036. Report on Rapid Assessment and Initial Detection teams.
Sec. 1037. Report on unit readiness of units considered to be assets of Consequence
Management Program Integration Office.
Sec. 1038. Analysis of relationship between threats and budget submission for fiscal year 2001.
Sec. 1039. Report on NATO Defense Capabilities Initiative.
Sec. 1040. Report on motor vehicle violations by operators of official Army vehicles.
Subtitle E—Information Security
Sec. 1041. Identification in budget materials of amounts for declassification activities and limitation on expenditures for such activities.
Sec. 1042. Notice to congressional committees of certain security and counterintelligence failures within defense programs.
Sec. 1043. Information Assurance Initiative.
Sec. 1044. Nondisclosure of information on personnel of overseas, sensitive, or routinely deployable units.
Sec. 1045. Nondisclosure of certain operational files of the National Imagery and
Mapping Agency.
Subtitle F—Memorial Objects and Commemorations
Sec. 1051. Moratorium on the return of veterans memorial objects to foreign nations without specific authorization in law.
Sec. 1052. Program to commemorate 50th anniversary of the Korean War.
Sec. 1053. Commemoration of the victory of freedom in the Cold War.
Subtitle G—Other Matters
Sec. 1061. Defense Science Board task force on use of television and radio as a
propaganda instrument in time of military conflict.
Sec. 1062. Assessment of electromagnetic spectrum reallocation.
Sec. 1063. Extension and reauthorization of Defense Production Act of 1950.
Sec. 1064. Performance of threat and risk assessments.
Sec. 1065. Chemical agents used for defensive training.
Sec. 1066. Technical and clerical amendments.
Sec. 1067. Amendments to reflect name change of Committee on National Security
of the House of Representatives to Committee on Armed Services.

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113 STAT. 732

PUBLIC LAW 106–65—OCT. 5, 1999

Subtitle A—Financial Matters
SEC. 1001. TRANSFER AUTHORITY.

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) Upon determination by the Secretary of Defense that such action is necessary
in the national interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this division for fiscal year 2000 between any such authorizations
for that fiscal year (or any subdivisions thereof). Amounts of
authorizations so transferred shall be merged with and be available
for the same purposes as the authorization to which transferred.
(2) The total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$2,000,000,000.
(b) LIMITATIONS.—The authority provided by this section to
transfer authorizations—
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority
is transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made
from one account to another under the authority of this section
shall be deemed to increase the amount authorized for the account
to which the amount is transferred by an amount equal to the
amount transferred.
(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
10 USC 114 note.

SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.

(a) STATUS OF CLASSIFIED ANNEX.—The Classified Annex prepared by the committee of conference to accompany the conference
report on the bill S. 1059 of the One Hundred Sixth Congress
and transmitted to the President is hereby incorporated into this
Act.
(b) CONSTRUCTION WITH OTHER PROVISIONS OF ACT.—The
amounts specified in the Classified Annex are not in addition to
amounts authorized to be appropriated by other provisions of this
Act.
(c) LIMITATION ON USE OF FUNDS.—Funds appropriated pursuant to an authorization contained in this Act that are made available for a program, project, or activity referred to in the Classified
Annex may only be expended for such program, project, or activity
in accordance with such terms, conditions, limitations, restrictions,
and requirements as are set out for that program, project, or activity
in the Classified Annex.
(d) DISTRIBUTION OF CLASSIFIED ANNEX.—The President shall
provide for appropriate distribution of the Classified Annex, or
of appropriate portions of the annex, within the executive branch
of the Government.
SEC. 1003. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1999.

(a) ADJUSTMENT OF FISCAL YEAR 1999 AUTHORIZATIONS TO
REFLECT SUPPLEMENTAL APPROPRIATIONS.—Subject to subsection
(b), amounts authorized to be appropriated to the Department of
Defense for fiscal year 1999 in the Strom Thurmond National

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113 STAT. 733

Defense Authorization Act for Fiscal Year 1999 (Public Law 105–
261) are hereby adjusted, with respect to any such authorized
amount, by the amount by which appropriations pursuant to such
authorization were increased (by a supplemental appropriation)
or decreased (by a rescission), or both, in the 1999 Emergency
Supplemental Appropriations Act (Public Law 106–31).
(b) LIMITATION.—(1) In the case of a pending defense contingent
emergency supplemental appropriation, an adjustment may be
made under subsection (a) in the amount of an authorization of
appropriations by reason of that supplemental appropriation only
if, and to the extent that, the President transmits to Congress
an official amended budget request for that appropriation that
designates the entire amount requested as an emergency requirement for the specific purpose identified in the 1999 Emergency
Supplemental Appropriations Act as the purpose for which the
supplemental appropriation was made.
(2) For purposes of this subsection, the term ‘‘pending defense
contingent emergency supplemental appropriation’’ means a contingent emergency supplemental appropriation for the Department
of Defense contained in the 1999 Emergency Supplemental Appropriations Act for which an official budget request that includes
designation of the entire amount of the request as an emergency
requirement has not been transmitted to Congress as of the date
of the enactment of this Act.
(3) For purposes of this subsection, the term ‘‘contingent emergency supplemental appropriation’’ means a supplemental appropriation that—
(A) is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985; and
(B) by law is available only to the extent that the President
transmits to the Congress an official budget request for that
appropriation that includes designation of the entire amount
of the request as an emergency requirement.
SEC. 1004. SUPPLEMENTAL APPROPRIATIONS REQUEST FOR OPERATIONS IN YUGOSLAVIA.

If the President determines that it is in the national security
interest of the United States to conduct combat or peacekeeping
operations in the Federal Republic of Yugoslavia during fiscal year
2000, the President shall transmit to the Congress a supplemental
appropriations request for the Department of Defense for such
amounts as are necessary for the costs of any such operation.
SEC. 1005. UNITED STATES CONTRIBUTION TO NATO
FUNDED BUDGETS IN FISCAL YEAR 2000.

COMMON-

(a) FISCAL YEAR 2000 LIMITATION.—The total amount contributed by the Secretary of Defense in fiscal year 2000 for the commonfunded budgets of NATO may be any amount up to, but not in
excess of, the amount specified in subsection (b) (rather than the
maximum amount that would otherwise be applicable to those
contributions under the fiscal year 1998 baseline limitation).
(b) TOTAL AMOUNT.—The amount of the limitation applicable
under subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end
of fiscal year 1999, of funds appropriated for fiscal years before
fiscal year 2000 for payments for those budgets.
(2) The amount specified in subsection (c)(1).

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113 STAT. 734

PUBLIC LAW 106–65—OCT. 5, 1999

(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to
be made under section 2501.
(c) AUTHORIZED AMOUNTS.—Amounts authorized to be appropriated by titles II and III of this Act are available for contributions
for the common-funded budgets of NATO as follows:
(1) Of the amount provided in section 201(1), $750,000
for the Civil Budget.
(2) Of the amount provided in section 301(1), $216,400,000
for the Military Budget.
(d) DEFINITIONS.—For purposes of this section:
(1) COMMON-FUNDED BUDGETS OF NATO.—The term
‘‘common-funded budgets of NATO’’ means the Military Budget,
the Security Investment Program, and the Civil Budget of
the North Atlantic Treaty Organization (and any successor
or additional account or program of NATO).
(2) FISCAL YEAR 1998 BASELINE LIMITATION.—The term
‘‘fiscal year 1998 baseline limitation’’ means the maximum
annual amount of Department of Defense contributions for
common-funded budgets of NATO that is set forth as the annual
limitation in section 3(2)(C)(ii) of the resolution of the Senate
giving the advice and consent of the Senate to the ratification
of the Protocols to the North Atlantic Treaty of 1949 on the
Accession of Poland, Hungary, and the Czech Republic (as
defined in section 4(7) of that resolution), approved by the
Senate on April 30, 1998.
SEC. 1006. LIMITATION ON FUNDS FOR BOSNIA PEACEKEEPING OPERATIONS FOR FISCAL YEAR 2000.

(a) LIMITATION.—(1) Of the amounts authorized to be appropriated by section 301(24) of this Act for the Overseas Contingency
Operations Transfer Fund, no more than $1,824,400,000 may be
obligated for incremental costs of the Armed Forces for Bosnia
peacekeeping operations.
(2) The President may waive the limitation in paragraph (1)
after submitting to Congress the following:
(A) The President’s written certification that the waiver
is necessary in the national security interests of the United
States.
(B) The President’s written certification that exercising
the waiver will not adversely affect the readiness of United
States military forces.
(C) A report setting forth the following:
(i) The reasons that the waiver is necessary in the
national security interests of the United States.
(ii) The specific reasons that additional funding is
required for the continued presence of United States military forces participating in, or supporting, Bosnia peacekeeping operations for fiscal year 2000.
(iii) A discussion of the impact on the military readiness of United States Armed Forces of the continuing
deployment of United States military forces participating
in, or supporting, Bosnia peacekeeping operations.
(D) A supplemental appropriations request for the Department of Defense for such amounts as are necessary for the
additional fiscal year 2000 costs associated with United States

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113 STAT. 735

military forces participating in, or supporting, Bosnia peacekeeping operations.
(b) BOSNIA PEACEKEEPING OPERATIONS DEFINED.—For the purposes of this section, the term ‘‘Bosnia peacekeeping operations’’
has the meaning given such term in section 1004(e) of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999
(Public Law 105–261; 112 Stat. 2112).
SEC. 1007. SECOND BIENNIAL FINANCIAL MANAGEMENT IMPROVEMENT PLAN.

10 USC 2222
note.

(a) ADDITIONAL MATTERS REQUIRED.—The Secretary of Defense
shall include in the second biennial financial management improvement plan submitted to Congress under section 2222 of title 10,
United States Code (required to be submitted not later than September 30, 2000), the matters specified in subsections (b) through
(f), in addition to the matters otherwise required under that section.
(b) SYSTEMS INVENTORY.—The plan referred to in subsection
(a) shall include an inventory of the finance systems, accounting
systems, and data feeder systems of the Department of Defense
referred to in section 2222(c) of title 10, United States Code, and,
for each of those systems, the following:
(1) A statement regarding whether the system complies
with the requirements applicable to that system under sections
3512, 3515, and 3521 of title 31, United States Code.
(2) A statement regarding whether the system is to be
retained, consolidated, or eliminated.
(3) A detailed plan of the actions that are being taken
or are to be taken within the Department of Defense (including
provisions for schedule, performance objectives, interim milestones, and necessary resources)—
(A) to ensure easy and reliable interfacing of the system
(or a consolidated or successor system) with the Department’s core finance and accounting systems and with other
data feeder systems; and
(B) to institute appropriate internal controls that,
among other benefits, ensure the integrity of the data
in the system (or a consolidated or successor system).
(4) For each system that is to be consolidated or eliminated,
a detailed plan of the actions that are being taken or are
to be taken (including provisions for schedule and interim milestones) in carrying out the consolidation or elimination,
including a discussion of both the interim or migratory systems
and any further consolidation that may be involved.
(5) A list of the officials in the Department of Defense
who are responsible for ensuring that actions referred to in
paragraphs (3) and (4) are taken in a timely manner.
(c) MAJOR PROCUREMENT ACTIONS.—The plan referred to in
subsection (a) shall include a description of each major procurement
action that is being taken within the Department of Defense to
replace or improve a finance and accounting system or a data
feeder system shown in the inventory under subsection (a) and,
for each such procurement action, the measures that are being
taken or are to be taken to ensure that the new or enhanced
system—
(1) provides easy and reliable interfacing of the system
with the core finance and accounting systems of the department
and with other data feeder systems; and

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PUBLIC LAW 106–65—OCT. 5, 1999

(2) includes appropriate internal controls that, among other
benefits, ensure the integrity of the data in the system.
(d) FINANCIAL MANAGEMENT COMPETENCY PLAN.—The plan
referred to in subsection (a) shall include a financial management
competency plan that includes performance objectives, milestones
(including interim objectives), responsible officials, and the necessary resources to accomplish the performance objectives, together
with the following:
(1) A description of the actions necessary to ensure that
the person in each comptroller position (or comparable position)
in the Department of Defense (whether a member of the Armed
Forces or a civilian employee) has the education, technical
competence, and experience to perform in accordance with the
core competencies necessary for financial management.
(2) A description of the education that is necessary for
a financial manager in a senior grade to be knowledgeable
in—
(A) applicable laws and administrative and regulatory
requirements, including the requirements and procedures
relating to Government performance and results under sections 1105(a)(28), 1115, 1116, 1117, 1118, and 1119 of
title 31, United States Code;
(B) the strategic planning process and how the process
relates to resource management;
(C) budget operations and analysis systems;
(D) management analysis functions and evaluation;
and
(E) the principles, methods, techniques, and systems
of financial management.
(3) The advantages and disadvantages of establishing and
operating a consolidated Department of Defense school that
instructs in the principles referred to in paragraph (2)(E).
(4) The applicable requirements for formal civilian education.
(e) IMPROVEMENTS TO DFAS, ETC.—The plan referred to in
subsection (a) shall include a detailed plan (including performance
objectives and milestones and standards for measuring progress
toward attainment of the objectives) for the following:
(1) Improving the internal controls and internal review
processes of the Defense Finance and Accounting Service to
provide reasonable assurances that—
(A) obligations and costs are in compliance with
applicable laws;
(B) funds, property, and other assets are safeguarded
against waste, loss, unauthorized use, and misappropriation;
(C) revenues and expenditures applicable to agency
operations are properly recorded and accounted for so as
to permit the preparation of accounts and reliable financial
and statistical reports and to maintain accountability over
assets;
(D) obligations and expenditures are recorded contemporaneously with each transaction;
(E) organizational and functional duties are performed
separately at each step in the cycles of transactions
(including, in the case of a contract, the specification of

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113 STAT. 737

requirements, the formation of the contract, the certification of contract performance, receiving and warehousing,
accounting, and disbursing); and
(F) use of progress payment allocation systems results
in posting of payments to appropriation accounts consistent
with section 1301 of title 31, United States Code.
(2) Ensuring that the Defense Finance and Accounting
Service has—
(A) a single standard transaction general ledger that,
at a minimum, uses double-entry bookkeeping and complies
with the United States Government Standard General
Ledger at the transaction level as required under section
803(a) of the Federal Financial Management Improvement
Act of 1996 (31 U.S.C. 3512 note);
(B) an integrated data base for finance and accounting
functions; and
(C) automated cost, performance, and other output
measures.
(3) Providing a single, consistent set of policies and procedures for financial transactions throughout the Department
of Defense.
(4) Ensuring compliance with applicable policies and procedures for financial transactions throughout the Department
of Defense.
(5) Reviewing safeguards for preservation of assets and
verifying the existence of assets.
(f) INTERNAL CONTROLS CHECKLIST.—The plan referred to in
subsection (a) shall include an internal controls checklist, to be
prescribed by the Under Secretary of Defense (Comptroller), which
shall provide standards for use throughout the Department of
Defense, together with a statement of the Department of Defense
policy on use of the checklist throughout the Department.
(g) SAFEGUARDING SENSITIVE INFORMATION.—To the extent necessary to protect sensitive information, the Secretary of Defense
may provide information required by subsections (b) and (c) in
an annex that is available to Congress, but need not be made
public.
SEC. 1008. WAIVER AUTHORITY FOR REQUIREMENT THAT ELECTRONIC TRANSFER OF FUNDS BE USED FOR DEPARTMENT OF DEFENSE PAYMENTS.

(a) AUTHORITY.—(1) Chapter 165 of title 10, United States
Code, is amended by adding after section 2785, as added by section
933(a), the following new section:
‘‘§ 2786. Department of Defense payments by electronic
transfers of funds: exercise of authority for waivers
‘‘With respect to any Federal payment of funds covered by
section 3332(f) of title 31 (relating to electronic funds transfers)
for which payment is made or authorized by the Department of
Defense, the waiver authority provided in paragraph (2)(A)(i) of
that section shall be exercised by the Secretary of Defense. The
Secretary of Defense shall carry out the authority provided under
the preceding sentence in consultation with the Secretary of the
Treasury.’’.

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PUBLIC LAW 106–65—OCT. 5, 1999

(2) The table of sections at the beginning of such chapter
is amended by adding after the item relating to section 2785,
as added by section 933(a), the following new item:
‘‘2786. Department of Defense payments by electronic transfers of funds: exercise of
authority for waivers.’’.
10 USC 2786
note.

Deadline.

(3) Any waiver in effect on the date of the enactment of this
Act under paragraph (2)(A)(i) of section 3332(f) of title 31, United
States Code, shall remain in effect until otherwise provided by
the Secretary of Defense under section 2786 of title 10, United
States Code, as added by paragraph (1).
(b) STUDY AND REPORT ON DOD ELECTRONIC FUNDS TRANSFERS.—(1) The Secretary of Defense shall conduct a study to determine the following:
(A) Whether it would be feasibile for all electronic payments
made by the Department of Defense to be routed through
the Regional Finance Centers of the Department of the
Treasury for verification and reconciliation.
(B) Whether it would be feasibile for all electronic payments
made by the Department of Defense to be subjected to the
same level of reconciliation as United States Treasury checks,
including the matching of each payment issued with each corresponding deposit at financial institutions.
(C) Whether the appropriate computer security controls
are in place in order to ensure the integrity of electronic payments made by the Department of Defense.
(D) The estimated costs of implementing—
(i) the routing of electronic payments as described in
subparagraph (A);
(ii) the reconciliation of electronic payments as
described in subparagraph (B); and
(iii) security controls as described in subparagraph (C).
(E) The period that would be required to implement each
of the matters referred to in subparagraph (D).
(2) Not later than March 1, 2000, the Secretary of Defense
shall submit to Congress a report containing the results of the
study required by paragraph (1).
(3) In this subsection, the term ‘‘electronic payment’’ has the
meaning given the term ‘‘electronic funds transfer’’ in section
3332(j)(1) of title 31, United States Code.
SEC. 1009. SINGLE PAYMENT DATE FOR INVOICE FOR VARIOUS
SUBSISTENCE ITEMS.

Section 3903 of title 31, United States Code, is amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new subsection (c):
‘‘(c) A contract for the procurement of subsistence items that
is entered into under the prime vendor program of the Defense
Logistics Agency may specify for the purposes of section 3902 of
this title a single required payment date that is to be applicable
to an invoice for subsistence items furnished under the contract
when more than one payment due date would otherwise be
applicable to the invoice under the regulations prescribed under
paragraphs (2), (3), and (4) of subsection (a) or under any other
provisions of law. The required payment date specified in the contract shall be consistent with prevailing industry practices for the

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subsistence items, but may not be more than 10 days after the
date of receipt of the invoice or the certified date of receipt of
the items. The Director of the Office of Management and Budget
shall provide in the regulations under subsection (a) that when
a required payment date is so specified for an invoice, no other
payment due date applies to the invoice.’’.
SEC. 1010. PAYMENT OF FOREIGN LICENSING FEES OUT OF PROCEEDS OF SALE OF MAPS, CHARTS, AND NAVIGATIONAL
BOOKS.

(a) IN GENERAL.—Section 453 of title 10, United States Code,
is amended to read as follows:
‘‘§ 453. Sale of maps, charts, and navigational publications:
prices; use of proceeds
‘‘(a) PRICES.—All maps, charts, and other publications offered
for sale by the National Imagery and Mapping Agency shall be
sold at prices and under regulations that may be prescribed by
the Secretary of Defense.
‘‘(b) USE OF PROCEEDS TO PAY FOREIGN LICENSING FEES.—
(1) The Secretary of Defense may pay any NIMA foreign data
acquisition fee out of the proceeds of the sale of maps, charts,
and other publications of the Agency, and those proceeds are hereby
made available for that purpose.
‘‘(2) In this subsection, the term ‘NIMA foreign data acquisition
fee’ means any licensing or other fee imposed by a foreign country
or international organization for the acquisition or use of data
or products by the National Imagery and Mapping Agency.’’.
(b) CLERICAL AMENDMENT.—The item relating to section 453
in the table of sections at the beginning of subchapter II of chapter
22 of such title is amended to read as follows:
‘‘453. Sale of maps, charts, and navigational publications: prices; use of proceeds.’’.

Subtitle B—Naval Vessels and Shipyards
SEC. 1011. REVISION TO CONGRESSIONAL NOTICE-AND-WAIT PERIOD
REQUIRED BEFORE TRANSFER OF A VESSEL STRICKEN
FROM THE NAVAL VESSEL REGISTER.

Section 7306(d) of title 10, United States Code, is amended
to read as follows:
‘‘(d) CONGRESSIONAL NOTICE-AND-WAIT PERIOD.—(1) A transfer
under this section may not take effect until—
‘‘(A) the Secretary submits to Congress notice of the proposed transfer; and
‘‘(B) 30 days of a session of Congress have expired following
the date on which the notice is sent to Congress.
‘‘(2) For purposes of paragraph (1)(B)—
‘‘(A) the period of a session of Congress is broken only
by an adjournment of Congress sine die at the end of the
final session of a Congress; and
‘‘(B) any day on which either House of Congress is not
in session because of an adjournment of more than 3 days
to a day certain, or because of an adjournment sine die at
the end of the first session of a Congress, shall be excluded
in the computation of such 30-day period.’’.

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113 STAT. 740

PUBLIC LAW 106–65—OCT. 5, 1999

SEC. 1012. AUTHORITY TO CONSENT TO RETRANSFER OF FORMER
NAVAL VESSEL.
President.

(a) IN GENERAL.—Subject to subsection (b), the President may
consent to the retransfer by the Government of Greece of HS
Rodos (ex-USS BOWMAN COUNTY (LST 391)) to the USS LST
Ship Memorial, Inc., a not-for-profit organization operating under
the laws of the State of Pennsylvania.
(b) CONDITIONS FOR CONSENT.—The President should not exercise the authority under subsection (a) unless the USS LST Memorial, Inc. agrees—
(1) to use the vessel for public, nonprofit, museum-related
purposes;
(2) to comply with applicable law with respect to the vessel,
including those requirements related to facilitating monitoring
by the United States of, and mitigating potential environmental
hazards associated with, aging vessels, and has a demonstrated
financial capability to so comply; and
(3) to hold the United States harmless for any claims
arising from exposure to hazardous material, including asbestos
and polychlorinated biphenyls, after the retransfer of the vessel
to the recipient, except for claims arising before the date of
the transfer of the vessel to the Government of Greece or
from use of the vessel by the United States after the date
of the retransfer to the recipient.
SEC. 1013. REPORT ON NAVAL VESSEL FORCE STRUCTURE REQUIREMENTS.

Deadline.

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(a) REQUIREMENT.—Not later than February 1, 2000, the Secretary of Defense shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House
of Representatives a report on naval vessel force structure requirements.
(b) MATTERS TO BE INCLUDED.—The report shall include the
following:
(1) A statement of the naval vessel force structure required
to carry out the National Military Strategy, including that
structure required to meet joint and combined warfighting
requirements and missions relating to crisis response, overseas
presence, and support to contingency operations.
(2) A statement of the naval vessel force structure that
is supported and funded in the President’s budget for fiscal
year 2001 and in the current future-years defense program.
(3) A detailed long-range shipbuilding plan for the Department, through fiscal year 2030, that includes annual quantities
of each type of vessel to be procured.
(4) A statement of the annual funding necessary to procure
eight to ten vessels, of the appropriate types, each year beginning in fiscal year 2001 and extending through 2020 to maintain
the naval vessel force structure required by the national military strategy.
(5) A detailed discussion of the risks associated with any
deviation from the long-range shipbuilding plan required in
paragraph (3), to include the implications of such a deviation
for the following areas:
(A) Warfighting requirements.
(B) Crisis response and overseas presence missions.

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113 STAT. 741

(C) Contingency operations.
(D) Domestic shipbuilding industrial base.
SEC. 1014. AUXILIARY VESSELS ACQUISITION PROGRAM FOR THE
DEPARTMENT OF DEFENSE.

(a) PROGRAM AUTHORIZATION.—(1) Chapter 631 of title 10,
United States Code, is amended by adding at the end the following
new section:
‘‘§ 7233. Auxiliary vessels: extended lease authority
‘‘(a) AUTHORIZED CONTRACTS.—Subject to subsection (b), the
Secretary of the Navy may enter into contracts with private United
States shipyards for the construction of new surface vessels to
be acquired on a long-term lease basis by the United States from
the shipyard or other private person for any of the following:
‘‘(1) The combat logistics force of the Navy.
‘‘(2) The strategic sealift force of the Navy.
‘‘(3) Other auxiliary support vessels for the Department
of Defense.
‘‘(b) CONTRACTS REQUIRED TO BE AUTHORIZED BY LAW.—A contract may be entered into under subsection (a) with respect to
a specific vessel only if the Secretary is specifically authorized
by law to enter into such a contract with respect to that vessel.
As part of a request to Congress for enactment of any such
authorization by law, the Secretary of the Navy shall provide to
Congress the Secretary’s findings under subsection (g).
‘‘(c) TERM OF CONTRACT.—In this section, the term ‘long-term
lease’ means a lease, bareboat charter, or conditional sale agreement
with respect to a vessel the term of which (including any option
period) is for a period of 20 years or more.
‘‘(d) OPTION TO BUY.—A contract entered into under subsection
(a) may include options for the United States to purchase one
or more of the vessels covered by the contract at any time during,
or at the end of, the contract period (including any option period)
upon payment of an amount equal to the lesser of (1) the
unamortized portion of the cost of the vessel plus amounts incurred
in connection with the termination of the financing arrangements
associated with the vessel, or (2) the fair market value of the
vessel.
‘‘(e) DOMESTIC CONSTRUCTION.—The Secretary shall require in
any contract entered into under this section that each vessel to
which the contract applies—
‘‘(1) shall have been constructed in a shipyard within the
United States; and
‘‘(2) upon delivery, shall be documented under the laws
of the United States.
‘‘(f) VESSEL OPERATION.—(1) The Secretary may operate a vessel
held by the Secretary under a long-term lease under this section
through a contract with a United States corporation with experience
in the operation of vessels for the United States. Any such contract
shall be for a term as determined by the Secretary.
‘‘(2) The Secretary may provide a crew for any such vessel
using civil service mariners only after an evaluation taking into
account—
‘‘(A) the fully burdened cost of a civil service crew over
the expected useful life of the vessel;
‘‘(B) the effect on the private sector manpower pool; and

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113 STAT. 742

Notice.

PUBLIC LAW 106–65—OCT. 5, 1999

‘‘(C) the operational requirements of the Department of
the Navy.
‘‘(g) CONTINGENT WAIVER OF OTHER PROVISIONS OF LAW.—
(1) The Secretary may waive the applicability of subsections (e)(2)
and (f) of section 2401 of this title to a contract authorized by
law as provided in subsection (b) if the Secretary makes the following findings with respect to that contract:
‘‘(A) The need for the vessels or services to be provided
under the contract is expected to remain substantially
unchanged during the contemplated contract or option period.
‘‘(B) There is a reasonable expectation that throughout
the contemplated contract or option period the Secretary of
the Navy (or, if the contract is for services to be provided
to, and funded by, another military department, the Secretary
of that military department) will request funding for the contract at the level required to avoid contract cancellation.
‘‘(C) The timeliness of consideration of the contract by
Congress is such that such a waiver is in the interest of
the United States.
‘‘(2) The Secretary shall submit a notice of any waiver under
paragraph (1) to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives.
‘‘(h) SOURCE OF FUNDS FOR TERMINATION LIABILITY.—If a contract entered into under this section is terminated, the costs of
such termination may be paid from—
‘‘(1) amounts originally made available for performance
of the contract;
‘‘(2) amounts currently available for operation and maintenance of the type of vessels or services concerned and not
otherwise obligated; or
‘‘(3) funds appropriated for those costs.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘7233. Auxiliary vessels: extended lease authority.’’.

10 USC 7233
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(b) DEFINITION OF DEPARTMENT OF DEFENSE SEALIFT VESSEL.—
Section 2218(k)(2) of title 10, United States Code, is amended—
(1) by striking ‘‘that is—’’ in the matter preceding subparagraph (A) and inserting ‘‘that is any of the following:’’;
(2) by striking ‘‘a’’ at the beginning of subparagraphs (A),
(B), and (E) and inserting ‘‘A’’;
(3) by striking ‘‘an’’ at the beginning of subparagraphs
(C) and (D) and inserting ‘‘An’’;
(4) by striking the semicolon at the end of subparagraphs
(A), (B), and (C) and inserting a period;
(5) by striking ‘‘; or’’ at the end of subparagraph (D) and
inserting a period; and
(6) by adding at the end the following new subparagraphs:
‘‘(F) A strategic sealift ship.
‘‘(G) A combat logistics force ship.
‘‘(H) A maritime prepositioned ship.
‘‘(I) Any other auxiliary support vessel.’’.
(c) EFFECTIVE DATE.—Section 7233 of title 10, United States
Code, as added by subsection (a), shall take effect on October
1, 1999.

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113 STAT. 743

SEC. 1015. NATIONAL DEFENSE FEATURES PROGRAM.

(a) AUTHORITY FOR NATIONAL DEFENSE FEATURES PROGRAM.—
Section 2218 of title 10, United States Code, is amended—
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new subsection (k):
‘‘(k) CONTRACTS FOR INCORPORATION OF DEFENSE FEATURES
IN COMMERCIAL VESSELS.—(1) The head of an agency may enter
into a contract with a company submitting an offer for that company
to install and maintain defense features for national defense purposes in one or more commercial vessels owned or controlled by
that company in accordance with the purpose for which funds
in the National Defense Sealift Fund are available under subsection
(c)(1)(C). The head of the agency may enter into such a contract
only after the head of the agency makes a determination of the
economic soundness of the offer.
‘‘(2) The head of an agency may make advance payments to
the contractor under a contract under paragraph (1) in a lump
sum, in annual payments, or in a combination thereof for costs
associated with the installation and maintenance of the defense
features on a vessel covered by the contract, as follows:
‘‘(A) The costs to build, procure, and install a defense
feature in the vessel.
‘‘(B) The costs to periodically maintain and test any defense
feature on the vessel.
‘‘(C) Any increased costs of operation or any loss of revenue
attributable to the installation or maintenance of any defense
feature on the vessel.
‘‘(D) Any additional costs associated with the terms and
conditions of the contract.
‘‘(3) For any contract under paragraph (1) under which the
United States makes advance payments under paragraph (2) for
the costs associated with installation or maintenance of any defense
feature on a commercial vessel, the contractor shall provide to
the United States such security interests in the vessel, by way
of a preferred mortgage under section 31322 of title 46 or otherwise,
as the head of the agency may prescribe in order to adequately
protect the United States against loss for the total amount of
those costs.
‘‘(4) Each contract entered into under this subsection shall—
‘‘(A) set forth terms and conditions under which, so long
as a vessel covered by the contract is owned or controlled
by the contractor, the contractor is to operate the vessel for
the Department of Defense notwithstanding any other contract
or commitment of that contractor; and
‘‘(B) provide that the contractor operating the vessel for
the Department of Defense shall be paid for that operation
at fair and reasonable rates.
‘‘(5) The head of an agency may not delegate authority under
this subsection to any officer or employee in a position below the
level of head of a procuring activity.’’.
(b) DEFINITION.—Subsection (l) of such section, as redesignated
by subsection (a)(1), is amended by adding at the end the following
new paragraph:
‘‘(5) The term ‘head of an agency’ has the meaning given
that term in section 2302(1) of this title.’’.

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113 STAT. 744

PUBLIC LAW 106–65—OCT. 5, 1999

SEC. 1016. SALES OF NAVAL SHIPYARD ARTICLES AND SERVICES TO
NUCLEAR SHIP CONTRACTORS.

(a) WAIVER OF REQUIRED CONDITIONS.—Chapter 633 of title
10, United States Code, is amended by inserting after section 7299a
the following new section:
‘‘§ 7300. Contracts for nuclear ships: sales of naval shipyard
articles and services to private shipyards
‘‘The conditions set forth in section 2208(j)(1)(B) of this title
and subsections (a)(1) and (c)(1)(A) of section 2553 of this title
shall not apply to a sale by a naval shipyard of articles or services
to a private shipyard that is made at the request of the private
shipyard in order to facilitate the private shipyard’s fulfillment
of a Department of Defense contract with respect to a nuclear
ship. This section does not authorize a naval shipyard to construct
a nuclear ship for the private shipyard, to perform a majority
of the work called for in a contract with a private entity, or to
provide articles or services not requested by the private shipyard.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating
to section 7299a the following new item:
‘‘7300. Contracts for nuclear ships: sales of naval shipyard articles and services to
private shipyards.’’.
SEC. 1017. TRANSFER OF NAVAL VESSEL TO FOREIGN COUNTRY.

(a) TRANSFER TO THAILAND.—The Secretary of the Navy is
authorized to transfer to the Government of Thailand the
CYCLONE class coastal patrol craft CYCLONE (PC1) or a craft
with a similar hull. The transfer shall be made on a sale, lease,
lease/buy, or grant basis under section 516 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j).
(b) COSTS.—Any expense incurred by the United States in
connection with the transfer authorized by subsection (a) shall
be charged to the Government of Thailand.
(c) REPAIR AND REFURBISHMENT IN UNITED STATES SHIPYARD.—
To the maximum extent practicable, the Secretary of the Navy
shall require, as a condition of the transfer of the vessel to the
Government of Thailand under this section, that the Government
of Thailand have such repair or refurbishment of the vessel as
is needed, before the vessel joins the naval forces of that country,
performed at a United States naval shipyard or other shipyard
located in the United States.
(d) EXPIRATION OF AUTHORITY.—The authority to transfer a
vessel under subsection (a) shall expire at the end of the twoyear period beginning on the date of the enactment of this Act.
SEC. 1018. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN
FOREIGN COUNTRIES.

(a) AUTHORITY TO TRANSFER.—
(1) DOMINICAN REPUBLIC.—The Secretary of the Navy is
authorized to transfer to the Government of the Dominican
Republic the medium auxiliary floating dry dock AFDM 2.
Such transfer shall be on a grant basis under section 516
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(2) ECUADOR.—The Secretary of the Navy is authorized
to transfer to the Government of Ecuador the ‘‘OAK RIDGE’’
class medium auxiliary repair dry dock ALAMOGORDO (ARDM

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2). Such transfer shall be on a grant basis under section 516
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(3) EGYPT.—The Secretary of the Navy is authorized to
transfer to the Government of Egypt the ‘‘NEWPORT’’ class
tank landing ships BARBOUR COUNTY (LST 1195) and
PEORIA (LST 1183). Such transfers shall be on a sale basis
under section 21 of the Arms Export Control Act (22 U.S.C.
2761).
(4) GREECE.—The Secretary of the Navy is authorized to
transfer to the Government of Greece the ‘‘KNOX’’ class frigate
CONNOLE (FF 1056). Such transfer shall be on a grant basis
under section 516 of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j).
(5) MEXICO.—The Secretary of the Navy is authorized to
transfer to the Government of Mexico the ‘‘NEWPORT’’ class
tank landing ship NEWPORT (LST 1179) and the ‘‘KNOX’’
class frigate WHIPPLE (FF 1062). Such transfers shall be
on a sale basis under section 21 of the Arms Export Control
Act (22 U.S.C. 2761).
(6) POLAND.—The Secretary of the Navy is authorized to
transfer to the Government of Poland the ‘‘OLIVER HAZARD
PERRY’’ class guided missile frigate CLARK (FFG 11). Such
transfer shall be on a grant basis under section 516 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(7) TAIWAN.—The Secretary of the Navy is authorized to
transfer to the Taipei Economic and Cultural Representative
Office in the United States (which is the Taiwan instrumentality designated pursuant to section 10(a) of the Taiwan Relations Act) the ‘‘NEWPORT’’ class tank landing ship SCHENECTADY (LST 1185). Such transfer shall be on a sale basis
under section 21 of the Arms Export Control Act (22 U.S.C.
2761).
(8) THAILAND.—The Secretary of the Navy is authorized
to transfer to the Government of Thailand the ‘‘KNOX’’ class
frigate TRUETT (FF 1095). Such transfer shall be on a grant
basis under section 516 of the Foreign Assistance Act of 1961
(22 U.S.C. 2321j).
(9) TURKEY.—The Secretary of the Navy is authorized to
transfer to the Government of Turkey the ‘‘OLIVER HAZARD
PERRY’’ class guided missile frigates FLATLEY (FFG 21) and
JOHN A. MOORE (FFG 19). Such transfers shall be on a
sale basis under section 21 of the Arms Export Control Act
(22 U.S.C. 2761).
(b) INAPPLICABILITY OF AGGREGATE ANNUAL LIMITATION ON
VALUE OF TRANSFERRED EXCESS DEFENSE ARTICLES.—The value
of naval vessels authorized by subsection (a) to be transferred
on a grant basis under section 516 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321j) shall not be included in the aggregate
annual value of transferred excess defense articles which is subject
to the aggregate annual limitation set forth in subsection (g) of
that section.
(c) COSTS OF TRANSFERS.—Any expense of the United States
in connection with a transfer authorized by subsection (a) shall
be charged to the recipient.
(d) REPAIR AND REFURBISHMENT IN UNITED STATES SHIPYARDS.—To the maximum extent practicable, the Secretary of the
Navy shall require, as a condition of the transfer of a vessel under

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subsection (a), that the country to which the vessel is transferred
have such repair or refurbishment of the vessel as is needed,
before the vessel joins the naval forces of that country, performed
at a shipyard located in the United States, including a United
States Navy shipyard.
(e) EXPIRATION OF AUTHORITY.—The authority granted by subsection (a) shall expire at the end of the two-year period beginning
on the date of the enactment of this Act.

Subtitle C—Support for Civilian Law
Enforcement and Counter Drug Activities
SEC. 1021. MODIFICATION OF LIMITATION ON FUNDING ASSISTANCE
FOR PROCUREMENT OF EQUIPMENT FOR THE NATIONAL
GUARD FOR DRUG INTERDICTION AND COUNTER-DRUG
ACTIVITIES.

Section 112(a)(3) of title 32, United States Code, is amended
by striking ‘‘per purchase order’’ in the second sentence and
inserting ‘‘per item’’.
SEC. 1022. TEMPORARY EXTENSION TO CERTAIN NAVAL AIRCRAFT OF
COAST GUARD AUTHORITY FOR DRUG INTERDICTION
ACTIVITIES.

Deadline.

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(a) INCLUSION AS AUTHORIZED AIRCRAFT.—Subsection (c) of section 637 of title 14, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2)
and inserting ‘‘; or’’; and
(3) by adding at the end the following new paragraph:
‘‘(3) subject to subsection (d), it is a naval aircraft that
has one or more members of the Coast Guard on board and
is operating from a surface naval vessel described in paragraph
(2).’’.
(b) DURATION OF INCLUSION.—Such section is further amended
by adding at the end the following new subsection:
‘‘(d)(1) The inclusion of naval aircraft as an authorized aircraft
for purposes of this section shall be effective only after the end
of the 30-day period beginning on the date the report required
by paragraph (2) is submitted through September 30, 2001.
‘‘(2) Not later than August 1, 2000, the Secretary of Defense
shall submit to the Committee on Armed Services of the House
of Representatives and the Committee on Armed Services of the
Senate a report containing—
‘‘(A) an analysis of the benefits and risks associated with
using naval aircraft to perform the law enforcement activities
authorized by subsection (a);
‘‘(B) an estimate of the extent to which the Secretary
expects to implement the authority provided by this section;
and
‘‘(C) an analysis of the effectiveness and applicability to
the Department of Defense of the Coast Guard program known
as the ‘New Frontiers’ program.’’.

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113 STAT. 747

SEC. 1023. MILITARY ASSISTANCE TO CIVIL AUTHORITIES
RESPOND TO ACT OR THREAT OF TERRORISM.

10 USC 382 note.

(a) AUTHORITY TO PROVIDE ASSISTANCE.—The Secretary of
Defense, upon the request of the Attorney General, may provide
assistance to civil authorities in responding to an act of terrorism
or threat of an act of terrorism, including an act of terrorism
or threat of an act of terrorism that involves a weapon of mass
destruction, within the United States, if the Secretary determines
that—
(1) special capabilities and expertise of the Department
of Defense are necessary and critical to respond to the act
of terrorism or the threat of an act of terrorism; and
(2) the provision of such assistance will not adversely affect
the military preparedness of the Armed Forces.
(b) NATURE OF ASSISTANCE.—Assistance provided under subsection (a) may include the deployment of Department of Defense
personnel and the use of any Department of Defense resources
to the extent and for such period as the Secretary of Defense
determines necessary to prepare for, prevent, or respond to an
act or threat of an act of terrorism described in that subsection.
Actions taken to provide the assistance may include the
prepositioning of Department of Defense personnel, equipment, and
supplies.
(c) REIMBURSEMENT.—(1) Except as provided in paragraph (2),
assistance provided under this section shall be provided on a
reimbursable basis. Notwithstanding any other provision of law,
the amounts of reimbursement shall be limited to the amounts
of the incremental costs incurred by the Department of Defense
to provide the assistance.
(2) In extraordinary circumstances, the Secretary of Defense
may waive the requirement for reimbursement if the Secretary
determines that such a waiver is in the national security interests
of the United States and submits to Congress a notification of
the determination.
(3) If funds are appropriated for the Department of Justice
to cover the costs of responding to an act or threat of an act
of terrorism for which assistance is provided under subsection (a),
the Attorney General shall reimburse the Department of Defense
out of such funds for the costs incurred by the Department in
providing the assistance, without regard to whether the assistance
was provided on a nonreimbursable basis pursuant to a waiver
under paragraph (2).
(d) ANNUAL LIMITATION ON FUNDING.—Not more than
$10,000,000 may be obligated to provide assistance under subsection
(a) during any fiscal year.
(e) PERSONNEL RESTRICTIONS.—In providing assistance under
this section, a member of the Army, Navy, Air Force, or Marine
Corps may not, unless otherwise authorized by law—
(1) directly participate in a search, seizure, arrest, or other
similar activity; or
(2) collect intelligence for law enforcement purposes.
(f) NONDELEGABILITY OF AUTHORITY.—(1) The Secretary of
Defense may not delegate to any other official the authority to
make determinations and to authorize assistance under this section.
(2) The Attorney General may not delegate to any other official
authority to make a request for assistance under subsection (a).

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(g) RELATIONSHIP TO OTHER AUTHORITY.—The authority provided in this section is in addition to any other authority available
to the Secretary of Defense, and nothing in this section shall be
construed to restrict any authority regarding use of members of
the Armed Forces or equipment of the Department of Defense
that was in effect before the date of the enactment of this Act.
(h) DEFINITIONS.—In this section:
(1) THREAT OF AN ACT OF TERRORISM.—The term ‘‘threat
of an act of terrorism’’ includes any circumstance providing
a basis for reasonably anticipating an act of terrorism, as
determined by the Secretary of Defense in consultation with
the Attorney General and the Secretary of the Treasury.
(2) WEAPON OF MASS DESTRUCTION.—The term ‘‘weapon
of mass destruction’’ has the meaning given the term in section
1403 of the Defense Against Weapons of Mass Destruction
Act of 1996 (50 U.S.C. 2302(1)).
(i) DURATION OF AUTHORITY.—The authority provided by this
section applies during the period beginning on October 1, 1999,
and ending on September 30, 2004.
10 USC 124 note.

SEC. 1024. CONDITION ON DEVELOPMENT OF FORWARD OPERATING
LOCATIONS FOR UNITED STATES SOUTHERN COMMAND
COUNTER-DRUG DETECTION AND MONITORING FLIGHTS.

(a) CONDITION.—Except as provided in subsection (b), none
of the funds appropriated or otherwise made available to the Department of Defense for any fiscal year may be obligated or expended
for the purpose of improving the physical infrastructure at any
proposed forward operating location outside the United States from
which the United States Southern Command may conduct counterdrug detection and monitoring flights until a formal agreement
regarding the extent and use of, and host nation support for, the
forward operating location is executed by both the host nation
and the United States.
(b) EXCEPTION.—The limitation in subsection (a) does not apply
to an unspecified minor military construction project authorized
by section 2805 of title 10, United States Code.
10 USC 113 note.

SEC. 1025. ANNUAL REPORT ON UNITED STATES MILITARY ACTIVITIES IN COLOMBIA.

Deadline.

Not later than January 1 of each year, the Secretary of Defense
shall submit to the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee
on Armed Services and the Committee on International Relations
of the House of Representatives a report detailing the number
of members of the United States Armed Forces deployed or otherwise assigned to duty in Colombia at any time during the preceding
year, the length and purpose of the deployment or assignment,
and the costs and force protection risks associated with such deployments and assignments.
SEC. 1026. REPORT ON USE OF RADAR SYSTEMS FOR COUNTER-DRUG
DETECTION AND MONITORING.

Deadline.

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Not later than May 1, 2000, the Secretary of Defense shall
submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate
a report containing an evaluation of the effectiveness of the Wide
Aperture Radar Facility, Tethered Aerostat Radar System, Ground

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113 STAT. 749

Mobile Radar, and Relocatable Over-The-Horizon Radar in maritime, air, and land counter-drug detection and monitoring.
SEC. 1027. PLAN REGARDING ASSIGNMENT OF MILITARY PERSONNEL
TO ASSIST IMMIGRATION AND NATURALIZATION SERVICE
AND CUSTOMS SERVICE.

(a) PREPARATION OF PLAN.—(1) The Secretary of Defense shall
prepare a plan to assign members of the Army, Navy, Air Force,
or Marine Corps to assist the Immigration and Naturalization
Service or the United States Customs Service should the President
determine, and the Attorney General or the Secretary of the
Treasury, as the case may be, certify, that military personnel are
required to respond to a threat to national security posed by the
entry into the United States of terrorists or drug traffickers.
(2) The Secretary shall ensure that activities proposed to be
performed by military personnel under the plan are consistent
with section 1385 of title 18, United States Code (popularly known
as the Posse Comitatus Act), and shall include in the plan a training
program for military personnel who would be assigned to assist
Federal law enforcement agencies—
(A) in preventing the entry of terrorists and drug traffickers
into the United States; and
(B) in the inspection of cargo, vehicles, and aircraft at
points of entry into the United States for weapons of mass
destruction, prohibited narcotics, or other terrorist or drug trafficking items.
(b) REPORT ON USE OF MILITARY PERSONNEL TO SUPPORT
CIVILIAN LAW ENFORCEMENT.—Not later than May 1, 2000, the
Secretary of Defense shall submit to the Committee on Armed
Services of the House of Representatives and the Committee on
Armed Services of the Senate a report containing—
(1) the plan required by subsection (a);
(2) a discussion of the risks and benefits associated with
using military personnel to provide the law enforcement support
described in subsection (a)(2);
(3) recommendations regarding the functions outlined in
the plan most appropriate to be performed by military personnel; and
(4) the total number of active and reserve members, and
members of the National Guard whose activities were supported
using funds provided under section 112 of title 32, United
States Code, who participated in drug interdiction activities
or otherwise provided support for civilian law enforcement
during fiscal year 1999.

Deadline.

Subtitle D—Miscellaneous Report
Requirements and Repeals
SEC. 1031. PRESERVATION OF
REQUIREMENTS.

CERTAIN

DEFENSE

REPORTING

Section 3003(a)(1) of the Federal Reports Elimination and
Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to any
report required to be submitted under any of the following provisions of law:
(1) The following sections of title 10, United States Code:
sections 113, 115a, 116, 139(f), 221, 226, 401(d), 662(b), 946,

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PUBLIC LAW 106–65—OCT. 5, 1999
1464(c), 2006(e)(3), 2010, 2011(e), 2391(c), 2431(a), 2432,
2457(d), 2461(g), 2537, 2662(b), 2706, 2859, 2861, 2902(g)(2),
4542(g)(2), 7424(b), 7425(b), 7431(c), 10541, 12302(d), and
16137.
(2) Section 1121(f) of the National Defense Authorization
Act for Fiscal Year 1988 and 1989 (Public Law 100–180; 10
U.S.C. 113 note).
(3) Section 1405 of the Defense Dependents’ Education
Act of 1978 (20 U.S.C. 924).
(4) Section 1411(b) of the Barry Goldwater Scholarship
and Excellence in Education Act (20 U.S.C. 4710(b)).
(5) Section 1097 of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (22 U.S.C. 2751 note).
(6) Section 30A(d) of the Arms Export Control Act (22
U.S.C. 2770a(d)).
(7) Sections 1516(f) and 1518(c) of the Armed Forces Retirement Home Act of 1991 (Public Law 101–510; 24 U.S.C. 416(f),
418(c)).
(8) Sections 3554(e)(2) and 9503(a) of title 31, United States
Code.
(9) Section 300110(b) of title 36, United States Code.
(10) Sections 301a(f) and 1008 of title 37, United States
Code.
(11) Section 8111(f) of title 38, United States Code.
(12) Section 205(b) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486(b)).
(13) Section 3732 of the Revised Statutes, popularly known
as the ‘‘Food and Forage Act’’ (41 U.S.C. 11).
(14) Section 101(b)(6) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(6)).
(15) Section 1436(e) of the National Defense Authorization
Act, Fiscal Year 1989 (Public Law 100–456; 42 U.S.C. 2121
note).
(16) Section 165 of the Energy Policy and Conservation
Act (42 U.S.C. 6245).
(17) Section 603(e) of the National Science and Technology
Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6683(e)).
(18) Section 822(b) of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (42 U.S.C. 6687(b)).
(19) Section 208 of the Department of Energy National
Security and Military Applications of Nuclear Energy
Authorization Act of 1979 (42 U.S.C. 7271).
(20) Section 3134 of the National Defense Authorization
Act for Fiscal Year 1991 (42 U.S.C. 7274c).
(21) Section 3135 of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (42 U.S.C. 7274g).
(22) Section 12 of the Act of March 9, 1920 (popularly
known as the ‘‘Suits in Admiralty Act’’) (46 App. U.S.C. 752).
(23) Sections 208, 901(b)(2), and 1211 of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1118, 1241(b)(2), 1291).
(24) Sections 11 and 14 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–2, 98h–5).
(25) Section 108 of the National Security Act of 1947 (50
U.S.C. 404a).

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(26) Section 4 of the Act entitled ‘‘An Act to authorize
the making, amending, and modification of contracts to facilitate the national defense’’, approved August 28, 1958 (50 U.S.C.
1434).
(27) Section 1412(g) of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521(g)).
(28) Section 3 of the Authorization for Use of Military
Force Against Iraq Resolution (50 U.S.C. 1541 note).
(29) Sections 202(d) and 401(c) of the National Emergencies
Act (50 U.S.C. 1622(d), 1641(c)).
(30) Section 10(g) of the Military Selective Service Act
(50 U.S.C. App. 460(g)).
(31) Section 708 of the Defense Production Act of 1950
(50 U.S.C. App. 2158).
(32) Section 703(g) of the Military Construction Authorization Act, 1982 (Public Law 97–99; 95 Stat. 1376).
(33) Section 704 of the Military Construction Authorization
Act, 1982 (Public Law 97–99; 95 Stat. 1377).
(34) Section 113(b) of the National Defense Authorization
Act for Fiscal Year 1990 and 1991 (Public Law 101–189; 103
Stat. 1373).
SEC. 1032. REPEAL OF CERTAIN REPORTING REQUIREMENTS NOT
PRESERVED.

(a) REPEAL OF PROVISIONS OF TITLE 10, UNITED STATES CODE.—
Title 10, United States Code, is amended as follows:
(1) Section 2201(d) is amended—
(A) by striking paragraph (2);
(B) by striking ‘‘; and’’ at the end of paragraph (1)
and inserting a period; and
(C) by striking ‘‘Defense—’’ and all that follows through
‘‘(1) shall’’ and inserting ‘‘Defense shall’’.
(2) Section 2313(b) is amended by striking paragraph (4).
(3) Section 2350g is amended—
(A) by striking subsection (b); and
(B) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively.
(b) REPEAL OF OTHER PROVISIONS OF LAW.—The following provisions of law are repealed:
(1) Section 224 of the National Defense Authorization Act
for Fiscal Years 1990 and 1991 (Public Law 101–189; 10 U.S.C.
2431 note).
(2) Section 3059(c) of the Anti-Drug Abuse Act of 1986
(Public Law 99–570; 10 U.S.C. 9441 note).
(3) Section 7606 of the Anti-Drug Abuse Act of 1988 (Public
Law 100–690; 10 U.S.C. 9441 note).
(4) Section 1002(d) of the Department of Defense Authorization Act, 1985 (Public Law 98–525; 22 U.S.C. 1928 note).
SEC. 1033. REPORTS
ON
RISKS
UNDER
NATIONAL
MILITARY
STRATEGY AND COMBATANT COMMAND REQUIREMENTS.

Section 153 of title 10, United States Code, is amended by
adding at the end the following new subsections:
‘‘(c) RISKS UNDER NATIONAL MILITARY STRATEGY.—(1) Not later
than January 1 each year, the Chairman shall submit to the Secretary of Defense a report providing the Chairman’s assessment
of the nature and magnitude of the strategic and military risks

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113 STAT. 752

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PUBLIC LAW 106–65—OCT. 5, 1999

associated with executing the missions called for under the current
National Military Strategy.
‘‘(2) The Secretary shall forward the report received under
paragraph (1) in any year, with the Secretary’s comments thereon
(if any), to Congress with the Secretary’s next transmission to
Congress of the annual Department of Defense budget justification
materials in support of the Department of Defense component of
the budget of the President submitted under section 1105 of title
31 for the next fiscal year. If the Chairman’s assessment in such
report in any year is that risk associated with executing the missions called for under the National Military Strategy is significant,
the Secretary shall include with the report as submitted to Congress
the Secretary’s plan for mitigating that risk.
‘‘(d) ANNUAL REPORT ON COMBATANT COMMAND REQUIREMENTS.—(1) Not later than August 15 of each year, the Chairman
shall submit to the committees of Congress named in paragraph
(2) a report on the requirements of the combatant commands established under section 161 of this title. The report shall contain
the following:
‘‘(A) A consolidation of the integrated priority lists of
requirements of the combatant commands.
‘‘(B) The Chairman’s views on the consolidated lists.
‘‘(2) The committees of Congress referred to in paragraph (1)
are the Committees on Armed Services and the Committees on
Appropriations of the Senate and House of Representatives.’’.
SEC. 1034. REPORT ON LIFT AND PREPOSITIONED SUPPORT REQUIREMENTS TO SUPPORT NATIONAL MILITARY STRATEGY.

Deadline.

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(a) REPORT REQUIRED.—Not later than February 15, 2000, the
Secretary of Defense shall submit to Congress a report, in both
classified and unclassified form, describing the strategic, theater,
operational, and tactical requirements for airlift, sealift, surface
transportation, and prepositioned war material necessary to carry
out the full range of missions included in the National Military
Strategy prescribed by the Chairman of the Joint Chiefs of Staff
under the postures of force engagement anticipated through 2005.
(b) CONTENT OF REPORT.—The report shall address the following:
(1) A review of the study conducted by the Air Force during
1999 on oversize/outsize airlift cargo requirements, including
a risk assessment and an evaluation of alternatives.
(2) A review of the study of the Chairman of the Joint
Chiefs of Staff conducted during 1999 designated as the ‘‘Joint
Chiefs of Staff Mobility Requirements Study 05’’, including
a risk assessment, an evaluation of alternatives, and a validation of the analyses done by the Joint Staff for that study
concerning each of the following:
(A) The identity, size, structure, and capabilities of
the airlift and sealift requirements for the full range of
shaping, preparing, and responding missions called for
under the National Military Strategy.
(B) The required support and infrastructure required
to successfully execute the full range of missions required
under the National Military Strategy on the deployment
schedules outlined in the plans of the relevant commanders-in-chief from expected and increasingly dispersed
postures of engagement.

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(C) The anticipated effect of enemy use of weapons
of mass destruction, other asymmetrical attacks, expected
rates of peacekeeping, and other contingency missions and
other similar factors on the mobility force and its required
infrastructure and on mobility requirements.
(D) The effect on mobility requirements of new service
force structures such as the Air Force’s Air Expeditionary
Force, the Army’s Strike Force, the Marine Corps’ operational maneuver-from-the-sea concept and supporting concepts including Ship-to-Objective Maneuver, Maritime
Prepositioning Forces 2010, and Seabased Logistics, and
any foreseeable force structure modifications through 2005.
(E) The need to deploy forces strategically and employ
them tactically using the same lift platform.
(F) The anticipated role of host nation, foreign, and
coalition airlift and sealift support, and the anticipated
requirements for United States lift assets to support coalition forces, through 2005.
(G) Alternatives to the current mobility program or
required modifications to the 1998 Air Mobility Master
Plan update.
(3) A review of the Army, Air Force, and Marine Corps
maritime prepositioned ship requirements and modernization
plan.
(c) INTRA-THEATER REQUIREMENTS REPORT.—Not later than
December 1, 2000, the Secretary of Defense shall submit to Congress
a report, in both classified and unclassified form, describing the
intra-theater requirements for airlift, small-craft lift, and surface
transportation necessary to carry out the full range of missions
included in the National Military Strategy prescribed by the Chairman of the Joint Chiefs of Staff under the postures of force engagement anticipated through 2005.

Deadline.

SEC. 1035. REPORT ON ASSESSMENTS OF READINESS TO EXECUTE
THE NATIONAL MILITARY STRATEGY.

(a) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report in unclassified form assessing the effect
of continued operations in the Balkans region on—
(1) the ability of the Armed Forces to successfully meet
other regional contingencies; and
(2) the readiness of the Armed Forces to execute the
National Military Strategy.
(b) MATTERS TO BE INCLUDED.—The report under subsection
(a) shall include the following:
(1) All models used by the Chairman of the Joint Chiefs
of Staff to assess the capability of the United States to execute
the full range of missions under the National Military Strategy
and all other models used by the Armed Forces to assess
that capability.
(2) Separate assessments that would result from the use
of those models if it were necessary to execute the full range
of missions called for under the National Military Strategy
under each of the scenarios set forth in subsection (c), including
the levels of casualties the United States would be projected
to incur.

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(3) Assumptions made about the readiness levels of major
units included in each such assessment, including equipment,
personnel, and training readiness and sustainment ability.
(4) The increasing levels of casualties that would be projected under each such scenario over a range of risks of prosecuting two Major Theater Wars that proceeds from low-moderate risk to moderate-high risk.
(5) An estimate of—
(A) the total resources needed to attain a moderatehigh risk under those scenarios;
(B) the total resources needed to attain a low-moderate
risk under those scenarios; and
(C) the incremental resources needed to decrease the
level of risk from moderate-high to low-moderate.
(c) SCENARIOS TO BE USED.—The scenarios to be used for
purposes of paragraphs (1), (2), and (3) of subsection (b) are the
following:
(1) That while the Armed Forces are engaged in operations
at the level of the operations ongoing as of the date of the
enactment of this Act, international armed conflict begins—
(A) on the Korean peninsula; and
(B) first on the Korean peninsula and then 45 days
later in Southwest Asia.
(2) That while the Armed Forces are engaged in operations
at the peak level reached during Operation Allied Force against
the Federal Republic of Yugoslavia, international armed conflict
begins—
(A) on the Korean peninsula; and
(B) first on the Korean peninsula and then 45 days
later in Southwest Asia.
(d) CONSULTATION.—In preparing the report under this section,
the Secretary of Defense shall consult with the Chairman of the
Joint Chiefs of Staff, the commanders of the unified commands,
the Secretaries of the military departments, and the heads of the
combat support agencies and other such entities within the Department of Defense as the Secretary considers necessary.
SEC. 1036. REPORT ON RAPID ASSESSMENT AND INITIAL DETECTION
TEAMS.
Deadline.

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(a) REPORT.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the Department’s plans for establishing and
deploying Rapid Assessment and Initial Detection (RAID) teams
for responses to incidents involving a weapon of mass destruction.
The report shall include the following:
(1) A description of the capabilities of a RAID team and
a comparison of those capabilities to the capabilities of other
Federal, State, and local WMD responders.
(2) An assessment of the manner in which a RAID team
complements the mission, functions, and capabilities of other
Federal, State, and local WMD responders.
(3) The Department’s plan for conducting realistic exercises
involving RAID teams, including exercises with other Federal,
State, and local WMD responders.
(4) A description of the command and control relationships
between the RAID teams and Federal, State, and local WMD
responders.

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(5) An assessment of the degree to which States have
integrated, or are planning to integrate, RAID teams into otherthan-weapon-of-mass-destruction missions of State or local
WMD responders.
(6) A specific description and analysis of the procedures
that have been established or agreed to by States for the
use in one State of a RAID team that is based in another
State.
(7) An identification of those States where the deployment
of out-of-State RAID teams is not governed by existing interstate compacts.
(8) An assessment of the Department’s progress in developing an appropriate national level compact for interstate
sharing of resources that would facilitate consistent and effective procedures for the use of out-of-State RAID teams.
(9) An assessment of the measures that will be taken
to recruit, train, maintain the proficiency of, and retain members of the RAID teams, to include those measures to provide
for their career progression.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘Rapid Assessment and Initial Detection
team’’ or ‘‘RAID team’’ refers to a military unit comprised
of Active Guard and Reserve personnel organized, trained, and
equipped to conduct domestic missions in the United States
in response to the use of, or threatened use of, a weapon
of mass destruction.
(2) The term ‘‘WMD responder’’ means an organization
responsible for responding to an incident involving a weapon
of mass destruction.
(3) The term ‘‘weapon of mass destruction’’ has the meaning
given that term in section 1403(1) of the Defense Against
Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302(1)).
SEC. 1037. REPORT ON UNIT READINESS OF UNITS CONSIDERED TO
BE ASSETS OF CONSEQUENCE MANAGEMENT PROGRAM
INTEGRATION OFFICE.

(a) JOINT READINESS REVIEW.—(1) The Secretary of Defense
shall include in the quarterly readiness report submitted to Congress under section 482 of title 10, United States Code, for the
first quarter beginning after the date of the enactment of this
Act an assessment of the readiness, training status, and future
funding requirements of all active and reserve component units
that (as of the date of the enactment of this Act) are considered
assets of the Consequence Management Program Integration Office
of the Department of Defense.
(2) The Secretary shall set forth the assessment under paragraph (1) as an annex to the quarterly report referred to in that
paragraph. The Secretary shall include in that annex a detailed
description of how the active and reserve component units referred
to in that paragraph are integrated with the Rapid Assessment
and Initial Detection Teams in the overall Consequence Management Program Integration Office of the Department of Defense.
(b) DECONTAMINATION READINESS PLAN.—The Secretary of
Defense shall prepare a decontamination readiness plan for the
Consequence Management Program Integration Office of the
Department of Defense. The plan shall include the following:

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PUBLIC LAW 106–65—OCT. 5, 1999
(1) The actions necessary to ensure that the units of the
Armed Forces designated to carry out decontamination missions
are at the level of readiness necessary to carry out those missions.
(2) The funding necessary for attaining and maintaining
the level of readiness referred to in paragraph (1).
(3) Procedures for ensuring that each decontamination unit
is available to respond to an incident in the United States
that involves a weapon of mass destruction within 12 hours
after being notified of the incident.

SEC. 1038. ANALYSIS OF RELATIONSHIP BETWEEN THREATS AND
BUDGET SUBMISSION FOR FISCAL YEAR 2001.

(a) REQUIREMENT FOR REPORT.—The Secretary of Defense shall
submit to the congressional defense committees, on the date that
the President submits the budget for fiscal year 2001 to Congress
under section 1105(a) of title 31, United States Code, a report
on the relationship between the budget proposed for budget function
050 (National Defense) for that fiscal year and the then-current
and emerging threats to the national security interests of the United
States identified in the annual national security strategy report
required under section 108 of the National Security Act of 1947
(50 U.S.C. 404a). The report shall be prepared in coordination
with the Chairman of the Joint Chiefs of Staff and the Director
of Central Intelligence.
(b) CONTENT.—The report shall contain the following:
(1) A detailed description of the threats referred to in
subsection (a).
(2) An analysis of those threats in terms of the probability
that an attack or other threat event will actually occur, the
military challenge posed by those threats, and the potential
damage that those threats could have to the national security
interests of the United States.
(3) An analysis of the allocation of funds in the fiscal
year 2001 budget and the future-years defense program that
addresses each of those threats.
(4) A justification for each major defense acquisition program (as defined in section 2430 of title 10, United States
Code) that is provided for in the budget in light of the description and analyses set forth in the report pursuant to this
subsection.
(c) FORM OF REPORT.—The report shall be submitted in
unclassified form, but may also be submitted in classified form
if necessary.
10 USC 113 note.

SEC. 1039. REPORT ON NATO DEFENSE CAPABILITIES INITIATIVE.

(a) FINDINGS.—Congress makes the following findings:
(1) At the meeting of the North Atlantic Council held
in Washington, DC, in April 1999, the NATO Heads of State
and Governments launched a Defense Capabilities Initiative.
(2) The Defense Capabilities Initiative is designed to
improve the defense capabilities of the individual nations of
the NATO Alliance to ensure the effectiveness of future operations across the full spectrum of Alliance missions in the
present and foreseeable security environment.
(3) Under the Defense Capabilities Initiative, special focus
will be given to improving interoperability among Alliance

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forces and to increasing defense capabilities through improvements in the deployability and mobility of Alliance forces, the
sustainability and logistics of those forces, the survivability
and effective engagement capability of those forces, and command and control and information systems.
(4) The successful implementation of the Defense Capabilities Initiative will serve to enable all members of the Alliance
to make a more equitable contribution to the full spectrum
of Alliance missions, thereby increasing burdensharing within
the Alliance and enhancing the ability of European members
of the Alliance to undertake operations pursuant to the European Security and Defense Identity within the Alliance.
(b) ANNUAL REPORT.—(1) Not later than January 31 of each
year, the Secretary of Defense shall submit to the Committees
on Armed Services and Foreign Relations of the Senate and the
Committees on Armed Services and International Relations of the
House of Representatives a report, to be prepared in consultation
with the Secretary of State, on implementation of the Defense
Capabilities Initiative by the nations of the NATO Alliance. The
report shall include the following:
(A) A discussion of the work of the temporary High-Level
Steering Group, or any successor group, established to oversee
the implementation of the Defense Capabilities Initiative and
to meet the requirement of coordination and harmonization
among relevant planning disciplines.
(B) A description of the actions taken, including
implementation of the Multinational Logistics Center concept
and development of the C3 system architecture, by the Alliance
as a whole to further the Defense Capabilities Initiative.
(C) A description of the actions taken by each member
of the Alliance other than the United States to improve the
capabilities of its forces in each of the following areas:
(i) Interoperability with forces of other Alliance members.
(ii) Deployability and mobility.
(iii) Sustainability and logistics.
(iv) Survivability and effective engagement capability.
(v) Command and control and information systems.
(2) The report shall be submitted in unclassified form, but
may also be submitted in classified form if necessary.

Deadline.

SEC. 1040. REPORT ON MOTOR VEHICLE VIOLATIONS BY OPERATORS
OF OFFICIAL ARMY VEHICLES.

(a) REVIEW REQUIRED.—The Secretary of the Army shall review
the incidence during fiscal year 1999 of the violation of motor
vehicle laws by operators of official Army motor vehicles. To the
extent practicable, the review shall include all such violations for
which citations were issued (including infractions relating to
parking), other than violations occurring on a military installation,
regardless of whether or not a fine was paid for the violation.
(b) REPORT.—Not later than March 31, 2000, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a report on the results of the review under subsection (a).
The report shall include the following:
(1) The number of the citations described in subsection
(a), shown separately by principal jurisdiction.

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(2) An estimate of the total amount of the fines that are
associated with those citations, shown separately by principal
jurisdiction.
(3) Any actions taken by the Secretary or recommendations
that the Secretary considers appropriate to reduce the prevalence of such violations.
(c) MOTOR VEHICLE LAWS.—For purposes of this section, the
term ‘‘motor vehicle law’’ means a law (including a regulation,
ordinance, or other measure) that regulates the operation or parking
of a motor vehicle within the jurisdiction of the governmental entity
establishing the law.
(d) PRINCIPAL JURISDICTION.—For purposes of this section, the
term ‘‘principal jurisdiction’’ means a State, territory, or Commonwealth, the District of Columbia, or a foreign nation.

Subtitle E—Information Security
SEC. 1041. IDENTIFICATION IN BUDGET MATERIALS OF AMOUNTS FOR
DECLASSIFICATION ACTIVITIES AND LIMITATION ON
EXPENDITURES FOR SUCH ACTIVITIES.

(a) IN GENERAL.—(1) Chapter 9 of title 10, United States Code,
is amended by adding after section 229, as added by section 932(b),
the following new section:
‘‘§ 230. Amounts for declassification of records
‘‘The Secretary of Defense shall include in the budget justification materials submitted to Congress in support of the Department
of Defense budget for any fiscal year (as submitted with the budget
of the President under section 1105(a) of title 31) specific identification, as a budgetary line item, of the amounts required to carry
out programmed activities during that fiscal year to declassify
records pursuant to Executive Order No. 12958 (50 U.S.C. 435
note) or any successor Executive order or to comply with any
statutory requirement, or any request, to declassify Government
records.’’.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item relating to section 229, as
added by section 932(b), the following new item:
‘‘230. Amounts for declassification of records.’’.

50 USC 435 note.

50 USC 435 note.
Deadline.

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(b) LIMITATION ON EXPENDITURES.—The total amount expended
by the Department of Defense during fiscal year 2000 to carry
out declassification activities under the provisions of section 3.4
of Executive Order No. 12958 (50 U.S.C. 435 note) may not exceed
the Department’s planned expenditure level of $51,000,000.
(c) CERTIFICATION REQUIRED WITH RESPECT TO AUTOMATIC
DECLASSIFICATION OF RECORDS.—No records of the Department of
Defense that have not been reviewed for declassification shall be
subject to automatic declassification unless the Secretary of Defense
certifies to Congress that such declassification would not harm
the national security.
(d) REPORT ON AUTOMATIC DECLASSIFICATION OF DEPARTMENT
OF DEFENSE RECORDS.—Not later than February 1, 2001, the Secretary of Defense shall submit to the Committee on Armed Services
of the House of Representatives and the Committee on Armed
Services of the Senate a report on the efforts of the Department

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113 STAT. 759

of Defense relating to the declassification of classified records under
the control of the Department of Defense. Such report shall include
the following:
(1) An assessment of whether the Department will be able
to review all relevant records for declassification before any
date established for automatic declassification.
(2) An estimate of the cost of reviewing records to meet
any requirement to review all relevant records for declassification by a date established for automatic declassification.
(3) An estimate of the number of records, if any, that
the Department will be unable to review for declassification
before any such date and the affect on national security of
the automatic declassification of those records.
(4) An estimate of the length of time by which any such
date would need to be extended to avoid the automatic declassification of records that have not yet been reviewed as of
such date.
SEC. 1042. NOTICE TO CONGRESSIONAL COMMITTEES OF CERTAIN
SECURITY
AND
COUNTERINTELLIGENCE
FAILURES
WITHIN DEFENSE PROGRAMS.

(a) IN GENERAL.—Chapter 161 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 2723. Notice to congressional committees of certain security and counterintelligence failures within
defense programs
‘‘(a) REQUIRED NOTIFICATION.—The Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a notification of each security or counterintelligence failure or compromise of classified information relating
to any defense operation, system, or technology of the United States
that the Secretary considers likely to cause significant harm or
damage to the national security interests of the United States.
The Secretary shall consult with the Director of Central Intelligence
and the Director of the Federal Bureau of Investigation, as appropriate, before submitting any such notification.
‘‘(b) MANNER OF NOTIFICATION.—Notification of a failure or
compromise of classified information under subsection (a) shall be
provided, in accordance with the procedures established pursuant
to subsection (c), not later than 30 days after the date on which
the Department of Defense determines that the failure or compromise has taken place.
‘‘(c) PROCEDURES.—The Secretary of Defense and the Committees on Armed Services of the Senate and House of Representatives
shall each establish such procedures as may be necessary to protect
from unauthorized disclosure classified information, information
relating to intelligence sources and methods, and sensitive law
enforcement information that is submitted to those committees
pursuant to this section and that are otherwise necessary to carry
out the provisions of this section.
‘‘(d) STATUTORY CONSTRUCTION.—(1) Nothing in this section
shall be construed as authority to withhold any information from
the Committees on Armed Services of the Senate and House of
Representatives on the grounds that providing the information to
those committees would constitute the unauthorized disclosure of

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classified information, information relating to intelligence sources
and methods, or sensitive law enforcement information.
‘‘(2) Nothing in this section shall be construed to modify or
supersede any other requirement to report information on intelligence activities to the Congress, including the requirement under
section 501 of the National Security Act of 1947 (50 U.S.C. 413).’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following
new item:
‘‘2723. Notice to congressional committees of certain security and counterintelligence failures within defense programs.’’.
SEC. 1043. INFORMATION ASSURANCE INITIATIVE.

(a) IN GENERAL.—Chapter 131 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 2224. Defense Information Assurance Program
‘‘(a) DEFENSE INFORMATION ASSURANCE PROGRAM.—The Secretary of Defense shall carry out a program, to be known as the
‘Defense Information Assurance Program’, to protect and defend
Department of Defense information, information systems, and
information networks that are critical to the Department and the
armed forces during day-to-day operations and operations in times
of crisis.
‘‘(b) OBJECTIVES OF THE PROGRAM.—The objectives of the program shall be to provide continuously for the availability, integrity,
authentication, confidentiality, nonrepudiation, and rapid restitution of information and information systems that are essential
elements of the Defense Information Infrastructure.
‘‘(c) PROGRAM STRATEGY.—In carrying out the program, the
Secretary shall develop a program strategy that encompasses those
actions necessary to assure the readiness, reliability, continuity,
and integrity of Defense information systems, networks, and infrastructure. The program strategy shall include the following:
‘‘(1) A vulnerability and threat assessment of elements
of the defense and supporting nondefense information infrastructures that are essential to the operations of the Department and the armed forces.
‘‘(2) Development of essential information assurances technologies and programs.
‘‘(3) Organization of the Department, the armed forces,
and supporting activities to defend against information warfare.
‘‘(4) Joint activities of the Department with other departments and agencies of the Government, State and local agencies, and elements of the national information infrastructure.
‘‘(5) The conduct of exercises, war games, simulations,
experiments, and other activities designed to prepare the
Department to respond to information warfare threats.
‘‘(6) Development of proposed legislation that the Secretary
considers necessary for implementing the program or for otherwise responding to the information warfare threat.
‘‘(d) COORDINATION.—In carrying out the program, the Secretary
shall coordinate, as appropriate, with the head of any relevant
Federal agency and with representatives of those national critical
information infrastructure systems that are essential to the operations of the Department and the armed forces on information
assurance measures necessary to the protection of these systems.

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113 STAT. 761

‘‘(e) ANNUAL REPORT.—Each year, at or about the time the
President submits the annual budget for the next fiscal year pursuant to section 1105 of title 31, the Secretary shall submit to Congress a report on the Defense Information Assurance Program.
Each report shall include the following:
‘‘(1) Progress in achieving the objectives of the program.
‘‘(2) A summary of the program strategy and any changes
in that strategy.
‘‘(3) A description of the information assurance activities
of the Office of the Secretary of Defense, Joint Staff, unified
and specified commands, Defense Agencies, military departments, and other supporting activities of the Department of
Defense.
‘‘(4) Program and budget requirements for the program
for the past fiscal year, current fiscal year, budget year, and
each succeeding fiscal year in the remainder of the current
future-years defense program.
‘‘(5) An identification of critical deficiencies and shortfalls
in the program.
‘‘(6) Legislative proposals that would enhance the capability
of the Department to execute the program.
‘‘(f) INFORMATION ASSURANCE TEST BED.—The Secretary shall
develop an information assurance test bed within the Department
of Defense to provide—
‘‘(1) an integrated organization structure to plan and facilitate the conduct of simulations, war games, exercises, experiments, and other activities to prepare and inform the Department regarding information warfare threats; and
‘‘(2) organization and planning means for the conduct by
the Department of the integrated or joint exercises and experiments with elements of the national information systems infrastructure and other non-Department of Defense organizations
that are responsible for the oversight and management of critical information systems and infrastructures on which the
Department, the armed forces, and supporting activities depend
for the conduct of daily operations and operations during
crisis.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following
new item:
‘‘2224. Defense Information Assurance Program.’’.
SEC. 1044. NONDISCLOSURE OF INFORMATION ON PERSONNEL OF
OVERSEAS, SENSITIVE, OR ROUTINELY DEPLOYABLE
UNITS.

(a) IN GENERAL.—Chapter 3 of title 10, United States Code,
is amended by inserting after section 130a the following new section:
‘‘§ 130b. Personnel in overseas, sensitive, or routinely
deployable units: nondisclosure of personally
identifying information
‘‘(a) EXEMPTION FROM DISCLOSURE.—The Secretary of Defense
and, with respect to the Coast Guard when it is not operating
as a service in the Navy, the Secretary of Transportation may,
notwithstanding section 552 of title 5, authorize to be withheld
from disclosure to the public personally identifying information
regarding—

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113 STAT. 762

PUBLIC LAW 106–65—OCT. 5, 1999

‘‘(1) any member of the armed forces assigned to an overseas unit, a sensitive unit, or a routinely deployable unit;
and
‘‘(2) any employee of the Department of Defense or of
the Coast Guard whose duty station is with any such unit.
‘‘(b) EXCEPTIONS.—(1) The authority in subsection (a) is subject
to such exceptions as the President may direct.
‘‘(2) Subsection (a) does not authorize any official to withhold,
or to authorize the withholding of, information from Congress.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘personally identifying information’, with
respect to any person, means the person’s name, rank, duty
address, and official title and information regarding the person’s
pay.
‘‘(2) The term ‘unit’ means a military organization of the
armed forces designated as a unit by competent authority.
‘‘(3) The term ‘overseas unit’ means a unit that is located
outside the United States and its territories.
‘‘(4) The term ‘sensitive unit’ means a unit that is primarily
involved in training for the conduct of, or conducting, special
activities or classified missions, including—
‘‘(A) a unit involved in collecting, handling, disposing,
or storing of classified information and materials;
‘‘(B) a unit engaged in training—
‘‘(i) special operations units;
‘‘(ii) security group commands weapons stations;
or
‘‘(iii) communications stations; and
‘‘(C) any other unit that is designated as a sensitive
unit by the Secretary of Defense or, in the case of the
Coast Guard when it is not operating as a service in
the Navy, by the Secretary of Transportation.
‘‘(5) The term ‘routinely deployable unit’ means a unit
that normally deploys from its permanent home station on
a periodic or rotating basis to meet peacetime operational
requirements that, or to participate in scheduled training exercises that, routinely require deployments outside the United
States and its territories. Such term includes a unit that is
alerted for deployment outside the United States and its territories during an actual execution of a contingency plan or
in support of a crisis operation.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following
new item:
‘‘130b. Personnel in overseas, sensitive, or routinely deployable units: nondisclosure
of personally identifying information.’’.
SEC. 1045. NONDISCLOSURE OF CERTAIN OPERATIONAL FILES OF
THE NATIONAL IMAGERY AND MAPPING AGENCY.

(a) AUTHORITY TO WITHHOLD.—Subchapter II of chapter 22
of title 10, United States Code, is amended by adding at the end
the following new section:

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113 STAT. 763

‘‘§ 457. Operational files previously maintained by or concerning activities of National Photographic
Interpretation Center: authority to withhold from
public disclosure
‘‘(a) AUTHORITY.—The Secretary of Defense may withhold from
public disclosure operational files described in subsection (b) to
the same extent that operational files may be withheld under section
701 of the National Security Act of 1947 (50 U.S.C. 431).
‘‘(b) COVERED OPERATIONAL FILES.—The authority under subsection (a) applies to operational files in the possession of the
National Imagery and Mapping Agency that—
‘‘(1) as of September 22, 1996, were maintained by the
National Photographic Interpretation Center; or
‘‘(2) concern the activities of the Agency that, as of such
date, were performed by the National Photographic Interpretation Center.
‘‘(c) OPERATIONAL FILES DEFINED.—In this section, the term
‘operational files’ has the meaning given that term in section 701(b)
of the National Security Act of 1947 (50 U.S.C. 431(b)).’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by adding at the end the
following new item:
‘‘457. Operational files previously maintained by or concerning activities of National
Photographic Interpretation Center: authority to withhold from public disclosure.’’.

Subtitle F—Memorial Objects and
Commemorations
SEC. 1051. MORATORIUM ON THE RETURN OF VETERANS MEMORIAL
OBJECTS TO FOREIGN NATIONS WITHOUT SPECIFIC
AUTHORIZATION IN LAW.

10 USC 2572
note.

(a) PROHIBITION.—Notwithstanding section 2572 of title 10,
United States Code, and any other provision of law, during the
moratorium period specified in subsection (c) the President may
not transfer a veterans memorial object to a foreign country or
an entity controlled by a foreign government, or otherwise transfer
or convey such an object to any person or entity for purposes
of the ultimate transfer or conveyance of the object to a foreign
country or entity controlled by a foreign government, unless such
transfer is specifically authorized by law.
(b) DEFINITIONS.—In this section:
(1) ENTITY CONTROLLED BY A FOREIGN GOVERNMENT.—The
term ‘‘entity controlled by a foreign government’’ has the
meaning given that term in section 2536(c)(1) of title 10, United
States Code.
(2) VETERANS MEMORIAL OBJECT.—The term ‘‘veterans
memorial object’’ means any object, including a physical structure or portion thereof, that—
(A) is located at a cemetery of the National Cemetery
System, war memorial, or military installation in the
United States;
(B) is dedicated to, or otherwise memorializes, the
death in combat or combat-related duties of members of
the United States Armed Forces; and

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(C) was brought to the United States from abroad
as a memorial of combat abroad.
(c) PERIOD OF MORATORIUM.—The moratorium period for the
purposes of this section is the period beginning on the date of
the enactment of this Act and ending on September 30, 2001.
SEC. 1052. PROGRAM TO COMMEMORATE 50TH ANNIVERSARY OF THE
KOREAN WAR.

10 USC 113 note.

10 USC 113 note.
10 USC 113 note.

(a) PERIOD OF PROGRAM.—Subsection (a) of section 1083 of
the National Defense Authorization Act for Fiscal Year 1998 (Public
Law 105–85; 111 Stat. 1918; 10 U.S.C. 113 note) is amended by
striking ‘‘The Secretary of Defense’’ and inserting ‘‘During fiscal
years 2000 through 2004, the Secretary of Defense’’.
(b) CHANGE OF NAME.—(1) Subsection (c) of such section, as
amended by section 1067 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112
Stat. 2134), is amended by striking ‘‘ ‘The Department of Defense
Korean War Commemoration’ ’’ and inserting ‘‘ ‘The United States
of America Korean War Commemoration’ ’’.
(2) The amendment made by paragraph (1) may not be construed to supersede rights that are established or vested before
the date of the enactment of this Act.
(3) Any reference to the Department of Defense Korean War
Commemoration in any law, regulation, document, record, or other
paper of the United States shall be considered to be a reference
to the United States of America Korean War Commemoration.
(c) FUNDING.—Subsection (f) of such section is amended to
read as follows:
‘‘(f) USE OF FUNDS.—(1) Funds appropriated for the Army for
fiscal years 2000 through 2004 for operation and maintenance shall
be available for the commemorative program authorized under subsection (a).
‘‘(2) The total amount expended by the Department of Defense
through the Department of Defense 50th Anniversary of the Korean
War Commemoration Committee, an entity within the Department
of the Army, to carry out the commemorative program authorized
under subsection (a) for fiscal years 2000 through 2004 may not
exceed $7,000,000.’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 1, 1999.
SEC. 1053. COMMEMORATION OF THE VICTORY OF FREEDOM IN THE
COLD WAR.

(a) FINDINGS.—Congress makes the following findings:
(1) The Cold War between the United States and its allies
and the former Union of Soviet Socialist Republics and its
allies was the longest and most costly struggle for democracy
and freedom in the history of mankind.
(2) Whether millions of people all over the world would
live in freedom hinged on the outcome of the Cold War.
(3) Democratic countries bore the burden of the struggle
and paid the costs in order to preserve and promote democracy
and freedom.
(4) The Armed Forces and the taxpayers of the United
States bore the greatest portion of that burden and struggle
in order to protect those principles.
(5) Tens of thousands of United States soldiers, sailors,
airmen, Marines paid the ultimate price during the Cold War

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in order to preserve the freedoms and liberties enjoyed in
democratic countries.
(6) The Berlin Wall erected in Berlin, Germany, epitomized
the totalitarianism that the United States struggled to eradicate during the Cold War.
(7) The fall of the Berlin Wall on November 9, 1989, was
a major event of the Cold War.
(8) The Soviet Union collapsed on December 25, 1991.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the President should issue a proclamation calling on the people
of the United States to observe the victory in the Cold War with
appropriate ceremonies and activities.
(c) PARTICIPATION OF ARMED FORCES IN CELEBRATION OF END
OF COLD WAR.—(1) Subject to paragraphs (2), (3), and (4), amounts
authorized to be appropriated by section 301 may be available
for costs of the Armed Forces in participating in a celebration
of the end of the Cold War to be held in Washington, District
of Columbia.
(2) The total amount of funds available under paragraph (1)
for the purpose set forth in that paragraph shall not exceed
$5,000,000.
(3) The Secretary of Defense may accept contributions from
the private sector for the purpose of reducing the costs of the
Armed Forces described in paragraph (1). The amount of funds
available under paragraph (1) for the purpose set forth in that
paragraph shall be reduced by an amount equal to the amount
of contributions accepted by the Secretary under the preceding
sentence.
(4) The funding authorized in paragraph (1) shall not be available until 30 days after the date upon which the plan required
by subsection (d) is submitted.
(d) REPORT.—(1) The President shall transmit to Congress—
(A) a report on the content of the proclamation referred
to in subsection (b); and
(B) a plan for appropriate ceremonies and activities.
(2) The plan submitted under paragraph (1) shall include the
following:
(A) A discussion of the content, location, date, and time
of each ceremony and activity included in the plan.
(B) The funding allocated to support those ceremonies and
activities.
(C) The organizations and individuals consulted while
developing the plan for those ceremonies and activities.
(D) A list of private sector organizations and individuals
that are expected to participate in each ceremony and activity.
(E) A list of local, State, and Federal agencies that are
expected to participate in each ceremony and activity.
(e) COMMISSION ON VICTORY IN THE COLD WAR.—(1) There
is hereby established a commission to be known as the ‘‘Commission
on Victory in the Cold War’’.
(2) The Commission shall be composed of twelve members,
as follows:
(A) Two shall be appointed by the President.
(B) Three shall be appointed by the Speaker of the House
of Representatives.
(C) Two shall be appointed by the minority leader of the
House of Representatives.

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(D) Three shall be appointed by the majority leader of
the Senate.
(E) Two shall be appointed by the minority leader of the
Senate.
(3) The Commission shall review and make recommendations
regarding the celebration of the victory in the Cold War, to include
the date of the celebration, usage of facilities, participation of the
Armed Forces, and expenditure of funds.
(4) The Secretary shall—
(A) consult with the Commission on matters relating to
the celebration of the victory in the Cold War;
(B) reimburse Commission members for expenses relating
to participation of Commission members in Commission activities from funds made available under subsection (c); and
(C) provide the Commission with administrative support.
(5) The Commission shall be co-chaired by two members as
follows:
(A) One selected by and from among those appointed pursuant to subparagraphs (A), (C), and (E) of paragraph (2).
(B) One selected by and from among those appointed pursuant to subparagraphs (B) and (D) of paragraph (2).

Subtitle G—Other Matters
SEC. 1061. DEFENSE SCIENCE BOARD TASK FORCE ON USE OF TELEVISION AND RADIO AS A PROPAGANDA INSTRUMENT IN
TIME OF MILITARY CONFLICT.

(a) ESTABLISHMENT OF TASK FORCE.—The Secretary of Defense
shall establish a task force of the Defense Science Board to
examine—
(1) the use of radio and television broadcasting as a propaganda instrument in time of military conflict; and
(2) the adequacy of the capabilities of the Armed Forces
to make such uses of radio and television during conflicts
such as the conflict in the Federal Republic of Yugoslavia
in the spring of 1999.
(b) DUTIES OF TASK FORCE.—The task force shall assess and
develop recommendations as to the appropriate capabilities, if any,
that the Armed Forces should have to broadcast radio and television
into a region in time of military conflict so as to ensure that
the general public in that region is exposed to the facts of the
conflict. In making that assessment and developing those recommendations, the task force shall review the following:
(1) The capabilities of the Armed Forces to develop
programming and to make broadcasts that can reach a large
segment of the general public in a country such as the Federal
Republic of Yugoslavia.
(2) The potential of various Department of Defense airborne
or land-based mechanisms to have capabilities described in
paragraph (1), including improvements to the EC–130 Commando Solo aircraft and the use of other airborne platforms,
unmanned aerial vehicles, and land-based transmitters in
conjunction with satellites.
(3) Other issues relating to the use of television and radio
as a propaganda instrument in time of conflict.

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(c) REPORT.—The task force shall submit to the Secretary of
Defense a report containing its assessments and recommendations
under subsection (b) not later than February 1, 2000. The Secretary
shall submit the report, together with the comments and recommendations of the Secretary, to the congressional defense
committees not later than March 1, 2000.
SEC. 1062. ASSESSMENT OF
ALLOCATION.

ELECTROMAGNETIC

SPECTRUM

Deadlines.

RE-

(a) ASSESSMENT REQUIRED.—Part C of the National Telecommunications and Information Administration Organization Act
is amended by adding after section 155 the following new section:
‘‘SEC. 156. ASSESSMENT OF
ALLOCATION.

ELECTROMAGNETIC

SPECTRUM

RE-

47 USC 921 note.

‘‘(a) REVIEW AND ASSESSMENT OF ELECTROMAGNETIC SPECTRUM
REALLOCATION.—
‘‘(1) REVIEW AND ASSESSMENT REQUIRED.—The Secretary
of Commerce, acting through the Assistant Secretary and in
coordination with the Chairman of the Federal Communications
Commission, shall convene an interagency review and assessment of—
‘‘(A) the progress made in implementation of national
spectrum planning;
‘‘(B) the reallocation of Federal Government spectrum
to non-Federal use, in accordance with the amendments
made by title VI of the Omnibus Budget Reconciliation
Act of 1993 (Public Law 103–66; 107 Stat. 379) and title
III of the Balanced Budget Act of 1997 (Public Law 105–
33; 111 Stat. 258); and
‘‘(C) the implications for such reallocations to the
affected Federal executive agencies.
‘‘(2) COORDINATION.—The assessment shall be conducted
in coordination with affected Federal executive agencies
through the Interdepartmental Radio Advisory Committee.
‘‘(3) COOPERATION AND ASSISTANCE.—Affected Federal
executive agencies shall cooperate with the Assistant Secretary
in the conduct of the review and assessment and furnish the
Assistant Secretary with such information, support, and assistance, not inconsistent with law, as the Assistant Secretary
may consider necessary in the performance of the review and
assessment.
‘‘(4) ATTENTION TO PARTICULAR SUBJECTS REQUIRED.—In
the conduct of the review and assessment, particular attention
shall be given to—
‘‘(A) the effect on critical military and intelligence
capabilities, civil space programs, and other Federal
Government systems used to protect public safety of the
reallocated spectrum described in paragraph (1)(B) of this
subsection;
‘‘(B) the anticipated impact on critical military and
intelligence capabilities, future military and intelligence
operational requirements, national defense modernization
programs, and civil space programs, and other Federal
Government systems used to protect public safety, of future
potential reallocations to non-Federal use of bands of the
electromagnetic spectrum that are currently allocated for
use by the Federal Government; and

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Deadline.

47 USC 921 note.

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‘‘(C) future spectrum requirements of agencies in the
Federal Government.
‘‘(b) SUBMISSION OF REPORT.—The Secretary of Commerce, in
coordination with the heads of the affected Federal executive agencies, and the Chairman of the Federal Communications Commission
shall submit to the President, the Committee on Armed Services
and the Committee on Commerce, Science, and Transportation of
the Senate, and the Committee on Armed Services, the Committee
on Commerce, and the Committee on Science of the House of
Representatives, not later than October 1, 2000, a report providing
the results of the assessment required by subsection (a).’’.
(b) SURRENDER OF DEPARTMENT OF DEFENSE SPECTRUM.—
(1) IN GENERAL.—If, in order to make available for other
use a band of frequencies of which it is a primary user, the
Department of Defense is required to surrender use of such
band of frequencies, the Department shall not surrender use
of such band of frequencies until—
(A) the National Telecommunications and Information
Administration, in consultation with the Federal Communications Commission, identifies and makes available to
the Department for its primary use, if necessary, an alternative band or bands of frequencies as a replacement for
the band to be so surrendered; and
(B) the Secretary of Commerce, the Secretary of
Defense, and the Chairman of the Joint Chiefs of Staff
jointly certify to the Committee on Armed Services and
the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Armed Services and
the Committee on Commerce of the House of Representatives, that such alternative band or bands provides comparable technical characteristics to restore essential military capability that will be lost as a result of the band
of frequencies to be so surrendered.
(2) EXCEPTION.—Paragraph (1) shall not apply to a band
of frequencies that has been identified for reallocation in accordance with title VI of the Omnibus Budget Reconciliation Act
of 1993 (Public Law 103–66; 107 Stat. 379) and title III of
the Balanced Budget Act of 1997 (Public Law 105–33, 111
Stat. 258), other than a band of frequencies that is reclaimed
pursuant to subsection (c).
(c) REASSIGNMENT TO FEDERAL GOVERNMENT FOR USE BY
DEPARTMENT OF DEFENSE OF CERTAIN FREQUENCY SPECTRUM RECOMMENDED FOR REALLOCATION.—(1) Notwithstanding any provision
of the National Telecommunications and Information Administration Organization Act or the Balanced Budget Act of 1997, the
President shall reclaim for exclusive Federal Government use on
a primary basis by the Department of Defense—
(A) the bands of frequencies aggregating 3 megahertz
located between 138 and 144 megahertz that were recommended for reallocation in the second reallocation report
under section 113(a) of that Act; and
(B) the band of frequency aggregating 5 megahertz located
between 1385 megahertz and 1390 megahertz, inclusive, that
was so recommended for reallocation.
(2) Section 113(b)(3)(A) of the National Telecommunications
and Information Administration Organization Act (47 U.S.C.

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923(b)(3)(A)) is amended by striking ‘‘20 megahertz’’ and inserting
‘‘12 megahertz’’.
SEC. 1063. EXTENSION
AND
REAUTHORIZATION
PRODUCTION ACT OF 1950.

DEFENSE

(a) EXTENSION OF TERMINATION DATE.—Section 717(a) of the
Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended
by striking ‘‘September 30, 1999’’ and inserting ‘‘September 30,
2000’’.
(b) EXTENSION OF AUTHORIZATION.—Section 711(b) of such Act
(50 U.S.C. App. 2161(b)) is amended by striking ‘‘the fiscal years
1996, 1997, 1998, and 1999’’ and inserting ‘‘fiscal years 1996
through 2000’’.
SEC. 1064. PERFORMANCE OF THREAT AND RISK ASSESSMENTS.

Section 1404 of the Defense Against Weapons of Mass Destruction Act of 1998 (title XIV of Public Law 105–261; 50 U.S.C. 2301
note) is amended to read as follows:
‘‘SEC. 1404. THREAT AND RISK ASSESSMENTS.

‘‘(a) THREAT AND RISK ASSESSMENTS.—Assistance to Federal,
State, and local agencies provided under the program under section
1402 shall include the performance of assessments of the threat
and risk of terrorist employment of weapons of mass destruction
against cities and other local areas. Such assessments shall be
used by Federal, State, and local agencies to determine the training
and equipment requirements under this program and shall be performed as a collaborative effort with State and local agencies.
‘‘(b) CONDUCT OF ASSESSMENTS.—The Department of Justice,
as lead Federal agency for domestic crisis management in response
to terrorism involving weapons of mass destruction, shall—
‘‘(1) conduct any threat and risk assessment performed
under subsection (a) in coordination with appropriate Federal,
State, and local agencies; and
‘‘(2) develop procedures and guidance for conduct of the
threat and risk assessment in consultation with officials from
the intelligence community.’’.
SEC. 1065. CHEMICAL AGENTS USED FOR DEFENSIVE TRAINING.

(a) AUTHORITY TO TRANSFER AGENTS.—(1) The Secretary of
Defense may transfer to the Attorney General, in accordance with
the Chemical Weapons Convention, quantities of lethal chemical
agents required to support training at the Center for Domestic
Preparedness in Fort McClellan, Alabama. The quantity of lethal
chemical agents transferred under this section may not exceed
that required to support training for emergency first-response personnel in addressing the health, safety, and law enforcement concerns associated with potential terrorist incidents that might involve
the use of lethal chemical weapons or agents, or other training
designated by the Attorney General.
(2) The Secretary of Defense, in coordination with the Attorney
General, shall determine the amount of lethal chemical agents
that shall be transferred under this section. Such amount shall
be transferred from quantities of lethal chemical agents that are
produced, acquired, or retained by the Department of Defense.
(3) The Secretary of Defense may not transfer lethal chemical
agents under this section until—

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113 STAT. 770

PUBLIC LAW 106–65—OCT. 5, 1999

(A) the Center referred to in paragraph (1) is transferred
from the Department of Defense to the Department of Justice;
and
(B) the Secretary determines that the Attorney General
is prepared to receive such agents.
(4) To carry out the training described in paragraph (1) and
other defensive training not prohibited by the Chemical Weapons
Convention, the Secretary of Defense may transport lethal chemical
agents from a Department of Defense facility in one State to a
Department of Justice or Department of Defense facility in another
State.
(5) Quantities of lethal chemical agents transferred under this
section shall meet all applicable requirements for transportation,
storage, treatment, and disposal of such agents and for any resulting
hazardous waste products.
(b) ANNUAL REPORT.—The Secretary of Defense, in consultation
with the Attorney General, shall report annually to Congress
regarding the disposition of lethal chemical agents transferred
under this section.
(c) NON-INTERFERENCE WITH TREATY OBLIGATIONS.—Nothing
in this section may be construed as interfering with United States
treaty obligations under the Chemical Weapons Convention.
(d) CHEMICAL WEAPONS CONVENTION DEFINED.—In this section,
the term ‘‘Chemical Weapons Convention’’ means the Convention
on the Prohibition of the Development, Production, Stockpiling and
Use of Chemical Weapons and on Their Destruction, opened for
signature on January 13, 1993.
SEC. 1066. TECHNICAL AND CLERICAL AMENDMENTS.

(a) TITLE 10, UNITED STATES CODE.—Title 10, United States
Code, is amended as follows:
(1) Section 136(a) is amended by inserting ‘‘advice and’’
after ‘‘by and with the’’.
(2) Section 180(d) is amended by striking ‘‘grade GS–18
of the General Schedule under section 5332 of title 5’’ and
inserting ‘‘Executive Schedule Level IV under section 5376 of
title 5’’.
(3) Section 192(d) is amended by striking ‘‘the date of
the enactment of this subsection’’ and inserting ‘‘October 17,
1998’’.
(4) Section 374(b) is amended—
(A) in paragraph (1), by aligning subparagraphs (C)
and (D) with subparagraphs (A) and (B); and
(B) in paragraph (2)(F), by striking the second semicolon at the end of clause (i).
(5) Section 664(i)(2)(A) is amended by striking ‘‘the date
of the enactment of this subsection’’ and inserting ‘‘February
10, 1996’’.
(6) Section 977(d)(2) is amended by striking ‘‘the lesser
of’’ and all that follows through ‘‘(B)’’.
(7) Section 1073 is amended by inserting ‘‘(42 U.S.C. 14401
et seq.)’’ before the period at the end of the second sentence.
(8) Section 1076a(j)(2) is amended by striking ‘‘1 year’’
and inserting ‘‘one year’’.
(9) Section 1370(d) is amended—
(A) in paragraph (1), by striking ‘‘chapter 1225’’ and
inserting ‘‘chapter 1223’’; and

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113 STAT. 771

(B) in paragraph (5), by striking ‘‘the date of the enactment of this paragraph’’ and inserting ‘‘October 17, 1998,’’.
(10) Section 1401a(b)(2) is amended—
(A) by striking ‘‘MEMBERS’’ and all that follows through
‘‘The Secretary shall’’ and inserting ‘‘MEMBERS.—The Secretary shall’’;
(B) by striking subparagraphs (B) and (C); and
(C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B) and realigning those subparagraphs,
as so redesignated, so as to be indented four ems from
the left margin.
(11) Section 1406(i)(2) is amended by striking ‘‘on or after
the date of the enactment of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999’’ and inserting
‘‘after October 16, 1998’’.
(12) Section 1448(b)(3)(E)(ii) is amended by striking ‘‘on
or after the date of the enactment of the subparagraph’’ and
inserting ‘‘after October 16, 1998,’’.
(13) Section 1501(d) is amended by striking ‘‘prescribed’’
in the first sentence and inserting ‘‘described’’.
(14) Section 1509(a)(2) is amended by striking ‘‘the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 1998’’ in subparagraphs (A) and (B) and
inserting ‘‘November 18, 1997,’’.
(15) Section 1513(1) is amended by striking ‘‘, under the
circumstances specified in the last sentence of section 1509(a)
of this title’’ and inserting ‘‘who is required by section 1509(a)(1)
of this title to be considered a missing person’’.
(16) Section 2208(l)(2)(A) is amended by inserting ‘‘of’’ after
‘‘during a period’’.
(17) Section 2212(f) is amended—
(A) in paragraphs (2) and (3), by striking ‘‘after the
date of the enactment of this section’’ and inserting ‘‘after
October 17, 1998,’’; and
(B) in paragraphs (2), (3), and (4), by striking ‘‘as
of the date of the enactment of this section’’ and inserting
‘‘as of October 17, 1998’’.
(18) Section 2302c(b) is amended by striking ‘‘section 2303’’
and inserting ‘‘section 2303(a)’’.
(19) Section 2325(a)(1) is amended by inserting ‘‘that occurs
after November 18, 1997,’’ after ‘‘of the contractor’’ in the matter
that precedes subparagraph (A).
(20) Section 2469a(c)(3) is amended by striking ‘‘the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 1998’’ and inserting ‘‘November 18, 1997’’.
(21) Section 2486(c) is amended by striking ‘‘the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 1998,’’ in the second sentence and inserting
‘‘November 18, 1997,’’.
(22) Section 2492(b) is amended by striking ‘‘the date of
the enactment of this section’’ and inserting ‘‘October 17, 1998’’.
(23) Section 2539b(a) is amended by striking ‘‘secretaries
of the military departments’’ and inserting ‘‘Secretaries of the
military departments’’.
(24) Section 2641a is amended—

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113 STAT. 772

Effective date.

10 USC 691.

10 USC 1370.
10 USC 2012
note.
46 USC app.
1295b.

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PUBLIC LAW 106–65—OCT. 5, 1999

(A) by striking ‘‘, United States Code,’’ in subsection
(b)(2); and
(B) by striking subsection (d).
(25) Section 2692(b) is amended—
(A) by striking ‘‘apply to—’’ in the matter preceding
paragraph (1) and inserting ‘‘apply to the following:’’;
(B) by striking ‘‘the’’ at the beginning of each of paragraphs (1) through (11) and inserting ‘‘The’’;
(C) by striking the semicolon at the end of each of
paragraphs (1) through (9) and inserting a period; and
(D) by striking ‘‘; and’’ at the end of paragraph (10)
and inserting a period.
(26) Section 2696 is amended—
(A) in subsection (a), by inserting ‘‘enacted after
December 31, 1997,’’ after ‘‘any provision of law’’;
(B) in subsection (b)(1), by striking ‘‘required by paragraph (1)’’ and inserting ‘‘referred to in subsection (a)’’;
and
(C) in subsection (e)(4), by striking ‘‘the date of enactment of the National Defense Authorization Act for Fiscal
Year 1998’’ and inserting ‘‘November 18, 1997’’.
(27) Section 2703(c) is amended by striking ‘‘United States
Code,’’.
(28) Section 2837(d)(2) is amended—
(A) by inserting ‘‘and’’ at the end of subparagraph
(A);
(B) by striking ‘‘; and’’ at the end of subparagraph
(B) and inserting a period; and
(C) by striking subparagraph (C).
(29) Section 7315(d)(2) is amended by striking ‘‘the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 1998’’ and inserting ‘‘November 18, 1997,’’.
(30) Section 7902(e)(5) is amended by striking ‘‘, United
States Code,’’.
(31) The item relating to section 12003 in the table of
sections at the beginning of chapter 1201 is amended by
inserting ‘‘in an’’ after ‘‘officers’’.
(32) Section 14301(g) is amended by striking ‘‘1 year’’ both
places it appears and inserting ‘‘one year’’.
(33) Section 16131(b)(1) is amended by inserting ‘‘in’’ after
‘‘Except as provided’’.
(b) PUBLIC LAW 105–261.—Effective as of October 17, 1998,
and as if included therein as enacted, the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105–
261; 112 Stat. 1920 et seq.) is amended as follows:
(1) Section 402(b) (112 Stat. 1996) is amended by striking
the third comma in the first quoted matter and inserting a
period.
(2) Section 511(b)(2) (112 Stat. 2007) is amended by striking
‘‘section 1411’’ and inserting ‘‘section 1402’’.
(3) Section 513(a) (112 Stat. 2007) is amended by striking
‘‘section 511’’ and inserting ‘‘section 512(a)’’.
(4) Section 525(b) (112 Stat. 2014) is amended by striking
‘‘subsection (i)’’ and inserting ‘‘subsection (j)’’.
(5) Section 568 (112 Stat. 2031) is amended by striking
‘‘1295(c)’’ in the matter preceding paragraph (1) and inserting
‘‘1295b(c)’’.

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113 STAT. 773

(6) Section 722(c) (112 Stat. 2067) is amended—
(A) by striking ‘‘(1)’’ before ‘‘An individual is eligible’’;
(B) by redesignating subparagraphs (A), (B), (C), and
(D) as paragraphs (1), (2), (3), and (4), respectively; and
(C) in paragraph (4), as so redesignated, by striking
‘‘subsection (c)’’ and inserting ‘‘subsection (d)’’.
(c) PUBLIC LAW 105–85.—The National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105–85) is amended as follows:
(1) Section 557(b) (111 Stat. 1750) is amended by inserting
‘‘to’’ after ‘‘with respect’’.
(2) Section 563(b) (111 Stat. 1754) is amended by striking
‘‘title’’ and inserting ‘‘subtitle’’.
(3) Section 644(d)(2) (111 Stat. 1801) is amended by striking
‘‘paragraphs (3) and (4)’’ and inserting ‘‘paragraphs (7) and
(8)’’.
(4) Section 934(b) (111 Stat. 1866) is amended by striking
‘‘of’’ after ‘‘matters concerning’’.
(d) OTHER LAWS.—
(1) Effective as of April 1, 1996, section 647(b) of the
National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104–106; 110 Stat. 370) is amended by inserting ‘‘of such
title’’ after ‘‘Section 1968(a)’’.
(2) Section 414 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102–190; 10 U.S.C.
12001 note) is amended—
(A) by striking ‘‘pilot’’ in subsection (a), ‘‘PILOT’’ in
the heading of subsection (a), and ‘‘PILOT’’ in the section
heading; and
(B) in subsection (c)(1)—
(i) by striking ‘‘2,000’’ in the first sentence and
inserting ‘‘5,000’’; and
(ii) by striking the second sentence.
(3) Sections 8334(c) and 8422(a)(3) of title 5, United States
Code, are each amended in the item for nuclear materials
couriers—
(A) by striking ‘‘to the day before the date of the
enactment of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999’’ and inserting ‘‘to
October 16, 1998’’; and
(B) by striking ‘‘The date of the enactment of the
Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999’’ and inserting ‘‘October 17, 1998’’.
(4) Section 113(b)(2) of title 32, United States Code, is
amended by striking ‘‘the date of the enactment of this subsection’’ and inserting ‘‘October 17, 1998’’.
(5) Section 1007(b) of title 37, United States Code, is
amended by striking the second sentence.
(6) Section 845(b)(1) of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2371
note) is amended by striking ‘‘(e)(2) and (e)(3) of such section
2371’’ and inserting ‘‘(e)(1)(B) and (e)(2) of such section 2371’’.
(e) COORDINATION WITH OTHER AMENDMENTS.—For purposes
of applying amendments made by provisions of this Act other than
provisions of this section, this section shall be treated as having
been enacted immediately before the other provisions of this Act.

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10 USC 1073
note.

10 USC 4318
note.
10 USC 113 note.
10 USC 1448
note.
10 USC 1501
note.
Effective date.
38 USC 1968.

10 USC 101 note.

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PUBLIC LAW 106–65—OCT. 5, 1999

SEC. 1067. AMENDMENTS TO REFLECT NAME CHANGE OF COMMITTEE
ON NATIONAL SECURITY OF THE HOUSE OF REPRESENTATIVES TO COMMITTEE ON ARMED SERVICES.

10 USC 113 et
seq.

112 Stat. 1935.
50 USC app.
2404 note.

110 Stat 2439.
33 USC 2406
note.

110 Stat. 204;
10 USC 2431
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The following provisions of law are amended by striking ‘‘Committee on National Security’’ each place it appears and inserting
‘‘Committee on Armed Services’’:
(1) Title 10, United States Code.
(2) Sections 301b(i)(2) and 431(d)(2) of title 37, United
States Code.
(3) The following provisions of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105–261): section 3, section 344(c)(3) (10 U.S.C. 113 note),
section 571(f) (10 U.S.C. 520 note), section 722(b)(3)(A) (10
U.S.C. 1073 note), section 723(d) (10 U.S.C. 1073 note), section
724 (10 U.S.C. 1108 note), section 733(b)(3) (10 U.S.C. 1091
note), section 741(c) (10 U.S.C. 1109 note), section 745(h) (10
U.S.C. 1071 note), 803(c)(4) (10 U.S.C. 2306a note), section
914, section 1007(f)(1), section 1101(g)(1) (5 U.S.C. 3104 note),
section 1223(a) (22 U.S.C. 1928 note), section 1502(a) (22 U.S.C.
2593a note), section 3124(d), section 3158(c) (42 U.S.C. 2121
note), section 3159(d) (42 U.S.C. 2121 note), and section
3161(d)(2) (50 U.S.C. 435 note).
(4) The following provisions of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105–85):
section 3, section 349(g) (10 U.S.C. 2702 note), section 849(b)
(10 U.S.C. 1731 note), section 1033(f)(4), section 1078(d) (50
U.S.C. 1520a), section 1215(2), section 3124(d), and section
3140(a).
(5) The following provisions of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104–201):
section 3, section 121(e)(1), section 270(a) (10 U.S.C. 2501 note),
section 326(c), section 333(c), section 552(a), section 1042(a)
(10 U.S.C. 113 note), section 1053(d), section 2827(b)(3), and
section 3124(c).
(6) The following provisions of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104–106):
section 3, section 131, section 234(f), section 279(b), section
373(a), section 807(c) (10 U.S.C. 2401a note), section 822(e)
(10 U.S.C. 2302 note), section 1011(d)(2), section 1205(a)(2)
(22 U.S.C. 5955 note), section 3124(c), and section 3411 (10
U.S.C. 7420 note).
(7) Section 2922(b) of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2687
note).
(8) Sections 326(a)(5) (10 U.S.C. 2302 note) and
1505(e)(2)(B) (22 U.S.C. 5859a) of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102–484).
(9) Section 1097(a)(1) of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 22
U.S.C. 2751 note).
(10) The following provisions of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101–510):
section 1403(d)(2) (50 U.S.C. 404b(d)(2)), section 1457(d)(2) (50
U.S.C. 404c(d)(2)), section 2910(2) (10 U.S.C. 2687 note), and
subsections (e)(3)(A) and (f)(2) of section 2921 (10 U.S.C. 2687
note).

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(11) Subsections (b)(4) and (k)(2) of section 1412 of the
Department of Defense Authorization Act, 1986 (Public Law
99–145; 50 U.S.C. 1521).
(12) Section 1002(d) of the Department of Defense
Authorization Act, 1985 (Public Law 98–525; 22 U.S.C. 1928
note).
(13) Sections 6(d)(1) and 7(b) of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98e(d)(1), 98f(b)).
(14) Section 8125(g)(2) of the Department of Defense Appropriations Act, 1989 (Public Law 100–463; 10 U.S.C. 113 note).
(15) Section 7606(b) of the Anti-Drug Abuse Act of 1988
(Public Law 100–690; 10 U.S.C. 9441 note).
(16) Sections 104(d)(5) and 109(c)(2) of the National Security Act of 1947 (50 U.S.C. 403–4(d)(5), 404d(c)(2)).
(17) Sections 8(b)(3) and 8(f)(1) of the Inspector General
Act of 1978 (5 U.S.C. App.).
(18) Section 204(h)(3) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 485(h)(3)).
(19) Section 101(f)(3)(A) of the Sikes Act (16 U.S.C.
670a(f)(3)(A)).
(20) Section 103(c) of the High-Performance Computing
Act of 1991 (15 U.S.C. 5513(c)).
(21) Section 205(b)(1) of the Commercial Space Act of 1998
(Public Law 105–303; 42 U.S.C. 14734(b)(1)).
(22) Section 506(c) of the Intelligence Authorization Act
for Fiscal Year 1996 (Public Law 104–93; 109 Stat. 974).
(23) Section 2(f) of the Wildfire Suppression Aircraft
Transfer Act of 1996 (Public Law 104–307; 10 U.S.C. 2576
note).

TITLE XI—DEPARTMENT OF DEFENSE
CIVILIAN PERSONNEL
Sec. 1101. Accelerated implementation of voluntary early retirement authority.
Sec. 1102. Increase of pay cap for nonappropriated fund senior executive employees.
Sec. 1103. Restoration of leave of emergency essential employees serving in a combat zone.
Sec. 1104. Extension of certain temporary authorities to provide benefits for employees in connection with defense workforce reductions and restructuring.
Sec. 1105. Leave without loss of benefits for military reserve technicians on active
duty in support of combat operations.
Sec. 1106. Expansion of Guard-and-Reserve purposes for which leave under section
6323 of title 5, United States Code, may be used.
Sec. 1107. Work schedules and premium pay of service academy faculty.
Sec. 1108. Salary schedules and related benefits for faculty and staff of the Uniformed Services University of the Health Sciences.
Sec. 1109. Exemption of defense laboratory employees from certain workforce management restrictions.
SEC. 1101. ACCELERATED IMPLEMENTATION OF VOLUNTARY EARLY
RETIREMENT AUTHORITY.

Section 1109(d)(1) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112
Stat. 2145; 5 U.S.C. 8336 note) is amended by striking ‘‘October
1, 2000’’ and inserting ‘‘October 1, 1999’’.

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113 STAT. 776

PUBLIC LAW 106–65—OCT. 5, 1999

SEC. 1102. INCREASE OF PAY CAP FOR NONAPPROPRIATED FUND
SENIOR EXECUTIVE EMPLOYEES.

Section 5373 of title 5, United States Code, is amended—
(1) in the first sentence, by striking ‘‘Except as provided’’
and inserting ‘‘(a) Except as provided in subsection (b) and’’;
and
(2) by adding at the end the following new subsection:
‘‘(b) Subsection (a) shall not affect the authority of the Secretary
of Defense or the Secretary of a military department to fix the
pay of a civilian employee paid from nonappropriated funds, except
that the annual rate of basic pay (including any portion of such
pay attributable to comparability with private-sector pay in a
locality) of such an employee may not be fixed at a rate greater
than the rate for level III of the Executive Schedule.’’.
SEC. 1103. RESTORATION OF LEAVE OF EMERGENCY ESSENTIAL
EMPLOYEES SERVING IN A COMBAT ZONE.

(a) SERVICE IN A COMBAT ZONE AS EXIGENCY OF THE PUBLIC
BUSINESS.—Section 6304(d) of title 5, United States Code, is
amended by adding at the end the following:
‘‘(4)(A) For the purpose of this subsection, service of a Department of Defense emergency essential employee in a combat zone
is an exigency of the public business for that employee. Any leave
that, by reason of such service, is lost by the employee by operation
of this section (regardless of whether such leave was scheduled)
shall be restored to the employee and shall be credited and available
in accordance with paragraph (2).
‘‘(B) As used in subparagraph (A)—
‘‘(i) the term ‘Department of Defense emergency essential
employee’ means an employee of the Department of Defense
who is designated under section 1580 of title 10 as an emergency essential employee; and
‘‘(ii) the term ‘combat zone’ has the meaning given such
term in section 112(c)(2) of the Internal Revenue Code of 1986.’’.
(b) DESIGNATION OF EMERGENCY ESSENTIAL EMPLOYEES.—(1)
Chapter 81 of title 10, United States Code, is amended by inserting
after the table of sections at the beginning of such chapter the
following new section 1580:
‘‘§ 1580. Emergency essential employees: designation
‘‘(a) CRITERIA FOR DESIGNATION.—The Secretary of Defense or
the Secretary of the military department concerned may designate
as an emergency essential employee any employee of the Department of Defense, whether permanent or temporary, the duties of
whose position meet all of the following criteria:
‘‘(1) It is the duty of the employee to provide immediate
and continuing support for combat operations or to support
maintenance and repair of combat essential systems of the
armed forces.
‘‘(2) It is necessary for the employee to perform that duty
in a combat zone after the evacuation of nonessential personnel,
including any dependents of members of the armed forces,
from the zone in connection with a war, a national emergency
declared by Congress or the President, or the commencement
of combat operations of the armed forces in the zone.
‘‘(3) It is impracticable to convert the employee’s position
to a position authorized to be filled by a member of the armed

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forces because of a necessity for that duty to be performed
without interruption.
‘‘(b) ELIGIBILITY OF EMPLOYEES OF NONAPPROPRIATED FUND
INSTRUMENTALITIES.—A nonappropriated fund instrumentality
employee is eligible for designation as an emergency essential
employee under subsection (a).
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘combat zone’ has the meaning given that
term in section 112(c)(2) of the Internal Revenue Code of 1986.
‘‘(2) The term ‘nonappropriated fund instrumentality
employee’ has the meaning given that term in section 1587(a)(1)
of this title.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting before the item relating to section 1581
the following:
‘‘1580. Emergency essential employees: designation.’’.
SEC. 1104. EXTENSION OF CERTAIN TEMPORARY AUTHORITIES TO
PROVIDE BENEFITS FOR EMPLOYEES IN CONNECTION
WITH DEFENSE WORKFORCE REDUCTIONS AND RESTRUCTURING.

(a) LUMP-SUM PAYMENT OF SEVERANCE PAY.—Section 5595(i)(4)
of title 5, United States Code, is amended by striking ‘‘the date
of the enactment of the National Defense Authorization Act for
Fiscal Year 1996 and before October 1, 1999’’ and inserting ‘‘February 10, 1996, and before October 1, 2003’’.
(b) VOLUNTARY SEPARATION INCENTIVE.—Section 5597(e) of
such title is amended by striking ‘‘September 30, 2001’’ and
inserting ‘‘September 30, 2003’’.
(c)
CONTINUATION
OF
FEHBP
ELIGIBILITY.—Section
8905a(d)(4)(B) of such title is amended by striking clauses (i) and
(ii) and inserting the following:
‘‘(i) October 1, 2003; or
‘‘(ii) February 1, 2004, if specific notice of such separation
was given to such individual before October 1, 2003.’’.
SEC. 1105. LEAVE WITHOUT LOSS OF BENEFITS FOR MILITARY
RESERVE TECHNICIANS ON ACTIVE DUTY IN SUPPORT
OF COMBAT OPERATIONS.

(a) ELIMINATION OF RESTRICTION TO SITUATIONS INVOLVING
NONCOMBAT OPERATIONS.—Section 6323(d)(1) of title 5, United
States Code, is amended by striking ‘‘noncombat’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act and
shall apply with respect to days of leave under section 6323(d)(1)
of title 5, United States Code, on or after that date.

5 USC 6323 note.

SEC. 1106. EXPANSION OF GUARD-AND-RESERVE PURPOSES FOR
WHICH LEAVE UNDER SECTION 6323 OF TITLE 5, UNITED
STATES CODE, MAY BE USED.

(a) IN GENERAL.—Section 6323(a)(1) of title 5, United States
Code, is amended in the first sentence by inserting ‘‘, inactiveduty training (as defined in section 101 of title 37),’’ after ‘‘active
duty’’.
(b) APPLICABILITY.—The amendment made by subsection (a)
shall not apply with respect to any inactive-duty training (as defined
in such amendment) occurring before the date of the enactment
of this Act.

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PUBLIC LAW 106–65—OCT. 5, 1999

SEC. 1107. WORK SCHEDULES AND
ACADEMY FACULTY.

PREMIUM

PAY

SERVICE

(a) UNITED STATES MILITARY ACADEMY.—Section 4338 of title
10, United States Code, is amended by adding at the end the
following new subsection (c):
‘‘(c) The Secretary of the Army may, notwithstanding the provisions of subchapter V of chapter 55 of title 5 or section 6101
of such title, prescribe for persons employed under this section
the following:
‘‘(1) The work schedule, including hours of work and tours
of duty, set forth with such specificity and other characteristics
as the Secretary determines appropriate.
‘‘(2) Any premium pay or compensatory time off for hours
of work or tours of duty in excess of the regularly scheduled
hours or tours of duty.’’.
(b) UNITED STATES NAVAL ACADEMY.—Section 6952 of title
10, United States Code, is amended by—
(1) redesignating subsection (c) as subsection (d); and
(2) inserting after subsection (b) the following new subsection (c):
‘‘(c) The Secretary of the Navy may, notwithstanding the provisions of subchapter V of chapter 55 of title 5 or section 6101
of such title, prescribe for persons employed under this section
the following:
‘‘(1) The work schedule, including hours of work and tours
of duty, set forth with such specificity and other characteristics
as the Secretary determines appropriate.
‘‘(2) Any premium pay or compensatory time off for hours
of work or tours of duty in excess of the regularly scheduled
hours or tours of duty.’’.
(c) UNITED STATES AIR FORCE ACADEMY.—Section 9338 of title
10, United States Code, is amended by adding at the end the
following new subsection (c):
‘‘(c) The Secretary of the Air Force may, notwithstanding the
provisions of subchapter V of chapter 55 of title 5 or section 6101
of such title, prescribe for persons employed under this section
the following:
‘‘(1) The work schedule, including hours of work and tours
of duty, set forth with such specificity and other characteristics
as the Secretary determines appropriate.
‘‘(2) Any premium pay or compensatory time off for hours
of work or tours of duty in excess of the regularly scheduled
hours or tours of duty.’’.
SEC. 1108. SALARY SCHEDULES AND RELATED BENEFITS FOR FACULTY AND STAFF OF THE UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES.

Section 2113(f) of title 10, United States Code, is amended
by adding at the end the following:
‘‘(3) The limitations in section 5373 of title 5 do not apply
to the authority of the Secretary under paragraph (1) to prescribe
salary schedules and other related benefits.’’.

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113 STAT. 779

SEC. 1109. EXEMPTION OF DEFENSE LABORATORY EMPLOYEES FROM
CERTAIN WORKFORCE MANAGEMENT RESTRICTIONS.

Section 342(b) of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2721) is amended
by adding at the end the following new paragraph:
‘‘(4) The employees of a laboratory covered by a personnel
demonstration project carried out under this section shall be exempt
from, and may not be counted for the purposes of, any constraint
or limitation in a statute or regulation in terms of supervisory
ratios or maximum number of employees in any specific category
or categories of employment that may otherwise be applicable to
the employees. The employees shall be managed by the director
of the laboratory subject to the supervision of the Under Secretary
of Defense for Acquisition, Technology, and Logistics.’’.

TITLE XII—MATTERS RELATING TO
OTHER NATIONS
Subtitle A—Matters Relating to the People’s Republic of China
Sec. 1201. Limitation on military-to-military exchanges and contacts with Chinese
People’s Liberation Army.
Sec. 1202. Annual report on military power of the People’s Republic of China.
Subtitle B—Matters Relating to the Balkans
Sec. 1211. Department of Defense report on the conduct of Operation Allied Force
and associated relief operations.
Sec. 1212. Sense of Congress regarding the need for vigorous prosecution of war
crimes, genocide, and crimes against humanity in the former Republic
of Yugoslavia.
Subtitle C—Matters Relating to NATO and Other Allies
Sec. 1221. Legal effect of the new strategic concept of NATO.
Sec. 1222. Report on allied capabilities to contribute to major theater wars.
Sec. 1223. Attendance at professional military education schools by military personnel of the new member nations of NATO.
Subtitle D—Other Matters
Sec. 1231. Multinational economic embargoes against governments in armed conflict with the United States.
Sec. 1232. Limitation on deployment of Armed Forces in Haiti during fiscal year
2000 and congressional notice of deployments to Haiti.
Sec. 1233. Report on the security situation on the Korean peninsula.
Sec. 1234. Sense of Congress regarding the continuation of sanctions against Libya.
Sec. 1235. Sense of Congress and report on disengaging from noncritical overseas
missions involving United States combat forces.

Subtitle A—Matters Relating to the
People’s Republic of China
SEC. 1201. LIMITATION ON MILITARY-TO-MILITARY EXCHANGES AND
CONTACTS WITH CHINESE PEOPLE’S LIBERATION ARMY.

10 USC 168 note.

(a) LIMITATION.—The Secretary of Defense may not authorize
any military-to-military exchange or contact described in subsection
(b) to be conducted by the armed forces with representatives of
the People’s Liberation Army of the People’s Republic of China
if that exchange or contact would create a national security risk
due to an inappropriate exposure specified in subsection (b).
(b) COVERED EXCHANGES AND CONTACTS.—Subsection (a)
applies to any military-to-military exchange or contact that includes
inappropriate exposure to any of the following:

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113 STAT. 780

Deadline.

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PUBLIC LAW 106–65—OCT. 5, 1999

(1) Force projection operations.
(2) Nuclear operations.
(3) Advanced combined-arms and joint combat operations.
(4) Advanced logistical operations.
(5) Chemical and biological defense and other capabilities
related to weapons of mass destruction.
(6) Surveillance and reconnaissance operations.
(7) Joint warfighting experiments and other activities
related to a transformation in warfare.
(8) Military space operations.
(9) Other advanced capabilities of the Armed Forces.
(10) Arms sales or military-related technology transfers.
(11) Release of classified or restricted information.
(12) Access to a Department of Defense laboratory.
(c) EXCEPTIONS.—Subsection (a) does not apply to any searchand-rescue or humanitarian operation or exercise.
(d) ANNUAL CERTIFICATION BY SECRETARY.—The Secretary of
Defense shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives, not later than December 31 each year, a certification in writing as to whether or not any military-to-military
exchange or contact during that calendar year was conducted in
violation of subsection (a).
(e) ANNUAL REPORT.—Not later than March 31 each year beginning in 2001, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report providing
the Secretary’s assessment of the current state of military-to-military exchanges and contacts with the People’s Liberation Army.
The report shall include the following:
(1) A summary of all such military-to-military contacts
during the period since the last such report, including a summary of topics discussed and questions asked by the Chinese
participants in those contacts.
(2) A description of the military-to-military exchanges and
contacts scheduled for the next 12-month period and a plan
for future contacts and exchanges.
(3) The Secretary’s assessment of the benefits the Chinese
expect to gain from those military-to-military exchanges and
contacts.
(4) The Secretary’s assessment of the benefits the Department of Defense expects to gain from those military-to-military
exchanges and contacts.
(5) The Secretary’s assessment of how military-to-military
exchanges and contacts with the People’s Liberation Army fit
into the larger security relationship between the United States
and the People’s Republic of China.
(f) REPORT OF PAST MILITARY-TO-MILITARY EXCHANGES AND
CONTACTS WITH THE PRC.—Not later than March 31, 2000, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report on past military-to-military
exchanges and contacts between the United States and the People’s
Republic of China. The report shall be unclassified, but may contain
a classified annex, and shall include the following:

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(1) A list of the general and flag grade officers of the
People’s Liberation Army who have visited United States military installations since January 1, 1993.
(2) The itinerary of the visits referred to in paragraph
(2), including the installations visited, the duration of the visits,
and the activities conducted during the visits.
(3) The involvement, if any, of the general and flag officers
referred to in paragraph (1) in the Tiananmen Square massacre
of June 1989.
(4) A list of the facilities in the People’s Republic of China
that United States military officers have visited as a result
of any military-to-military exchange or contact program
between the United States and the People’s Republic of China
since January 1, 1993.
(5) A list of facilities in the People’s Republic of China
that have been the subject of a requested visit by the Department of Defense that has been denied by People’s Republic
of China authorities.
(6) A list of facilities in the United States that have been
the subject of a requested visit by the People’s Liberation
Army that has been denied by the United States.
(7) Any official documentation (such as memoranda for
the record, after-action reports, and final itineraries) and all
receipts for expenses over $1,000, concerning military-to-military exchanges or contacts between the United States and
the People’s Republic of China in 1999.
(8) A description of military-to-military exchanges or contacts between the United States and the People’s Republic
of China scheduled for 2000.
(9) An assessment regarding whether or not any People’s
Republic of China military officials have been shown classified
material as a result of military-to-military exchanges or contacts between the United States and the People’s Republic
of China.
SEC. 1202. ANNUAL REPORT ON MILITARY POWER OF THE PEOPLE’S
REPUBLIC OF CHINA.

10 USC 113 note.

(a) ANNUAL REPORT.—Not later than March 1 each year, the
Secretary of Defense shall submit to the specified congressional
committees a report, in both classified and unclassified form, on
the current and future military strategy of the People’s Republic
of China. The report shall address the current and probable future
course of military-technological development on the People’s Liberation Army and the tenets and probable development of Chinese
grand strategy, security strategy, and military strategy, and of
military organizations and operational concepts, through the next
20 years.
(b) MATTERS TO BE INCLUDED.—Each report under this section
shall include analyses and forecasts of the following:
(1) The goals of Chinese grand strategy, security strategy,
and military strategy.
(2) Trends in Chinese strategy that would be designed
to establish the People’s Republic of China as the leading
political power in the Asia-Pacific region and as a political
and military presence in other regions of the world.
(3) The security situation in the Taiwan Strait.
(4) Chinese strategy regarding Taiwan.

Deadline.

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PUBLIC LAW 106–65—OCT. 5, 1999

(5) The size, location, and capabilities of Chinese strategic,
land, sea, and air forces, including detailed analysis of those
forces facing Taiwan.
(6) Developments in Chinese military doctrine, focusing
on (but not limited to) efforts to exploit a transformation in
military affairs or to conduct preemptive strikes.
(7) Efforts, including technology transfers and espionage,
by the People’s Republic of China to develop, acquire, or gain
access to information, communication, space and other
advanced technologies that would enhance military capabilities.
(8) An assessment of any challenges during the preceding
year to the deterrent forces of the Republic of China on Taiwan,
consistent with the commitments made by the United States
in the Taiwan Relations Act (Public Law 96–8).
(c) SPECIFIED CONGRESSIONAL COMMITTEES.—For purposes of
this section, the term ‘‘specified congressional committees’’ means
the following:
(1) The Committee on Armed Services and the Committee
on Foreign Relations of the Senate.
(2) The Committee on Armed Services and the Committee
on International Relations of the House of Representatives.

Subtitle B—Matters Relating to the
Balkans
SEC. 1211. DEPARTMENT OF DEFENSE REPORT ON THE CONDUCT OF
OPERATION ALLIED FORCE AND ASSOCIATED RELIEF
OPERATIONS.
Deadline.

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(a) REPORT REQUIRED.—(1) Not later than January 31, 2000,
the Secretary of Defense shall submit to the congressional defense
committees a report on the conduct of military operations conducted
as part of Operation Allied Force and relief operations associated
with that operation. The Secretary shall submit to those committees
a preliminary report on the conduct of those operations not later
than October 15, 1999. The report (including the preliminary report)
shall be prepared in consultation with the Chairman of the Joint
Chiefs of Staff and the Commander in Chief, United States European Command.
(2) In this section, the term ‘‘Operation Allied Force’’ means
operations of the North Atlantic Treaty Organization (NATO) conducted against the Federal Republic of Yugoslavia (Serbia and
Montenegro) during the period beginning on March 24, 1999, and
ending with the suspension of bombing operations on June 10,
1999, to resolve the conflict with respect to Kosovo.
(b) DISCUSSION OF ACCOMPLISHMENTS AND SHORTCOMINGS.—
The report (and the preliminary report, to the extent feasible)
shall contain a discussion, with a particular emphasis on accomplishments and shortcomings, of the following matters:
(1) The national security interests of the United States
that were threatened by the deteriorating political and military
situation in the Province of Kosovo, Republic of Serbia, in
the country of the Federal Republic of Yugoslavia (Serbia and
Montenegro).
(2) The factors leading to the decision by the United States
and NATO to issue an ultimatum in October 1998 that force
would be used against the Federal Republic of Yugoslavia

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113 STAT. 783

unless certain conditions were met, and the planning of a
military operation to execute that ultimatum.
(3) The political and military objectives of the United States
and NATO in the conflict with the Federal Republic of Yugoslavia.
(4) The military strategy of the United States and NATO
to achieve those political and military objectives.
(5) An analysis of the decisionmaking process of NATO
and the effect of that decisionmaking process on the conduct
of military operations.
(6) An analysis of the decision not to include a ground
component in Operation Allied Force (to include a detailed
explanation of the political and military factors involved in
that decision) and the effect of that decision on the conduct
of military operations.
(7) The deployment of United States forces and the
transportation of supplies to the theater of operations, including
an assessment of airlift and sealift, with a specific assessment
of the deployment of Task Force Hawk.
(8) The conduct of military operations, including a specific
assessment of each of the following:
(A) The effects of the graduated, incremental pace of
the military operations.
(B) The process for identifying, nominating, selecting
and verifying targets to be attacked during Operation Allied
Force, including an analysis of the factors leading to the
bombing of the Embassy of the People’s Republic of China
in Belgrade.
(C) The loss of aircraft and the accuracy of bombing
operations.
(D) The decoy and deception operations and counterintelligence techniques used by the Yugoslav military.
(E) The use of high-demand, low-density assets in
Operation Allied Force in terms of inventory, capabilities,
deficiencies, and ability to provide logistical support.
(F) A comparison of the military capabilities of the
United States and of the allied participants in Operation
Allied Force.
(G) Communications and operational security of NATO
forces.
(H) The effect of adverse weather on the performance
of weapons and supporting systems.
(I) The decision not to use in the air campaign the
Apache attack helicopters deployed as part of Task Force
Hawk.
(9) The conduct of relief operations by United States and
allied military forces and the effect of those relief operations
on military operations.
(10) The ability of the United States during Operation
Allied Force to conduct other operations required by the
national defense strategy, including an analysis of the transfer
of operational assets from other United States unified commands to the European Command for participation in Operation
Allied Force and the effect of those transfers on the readiness,
warfighting capability, and deterrence posture of those commands.

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PUBLIC LAW 106–65—OCT. 5, 1999

(11) The use of special operations forces, including operational and intelligence activities classified under special access
procedures.
(12) The effectiveness of intelligence, surveillance, and
reconnaissance support to operational forces, including an
assessment of battle damage assessment of fixed and mobile
targets prosecuted during the air campaign, estimates of Yugoslav forces and equipment in Kosovo, and information related
to Kosovar refugees and internally displaced persons.
(13) The use and performance of United States and NATO
military equipment, weapon systems, and munitions (including
items classified under special access procedures) and an analysis of—
(A) any equipment or capabilities that were in research
and development and if available could have been used
in the theater of operations;
(B) any equipment or capabilities that were available
and could have been used but were not introduced into
the theater of operations; and
(C) the compatibility of command, control, and communications equipment and the ability of United States aircraft to operate with aircraft of other nations without degradation of capabilities or protection of United States forces.
(14) The scope of logistics support, including support from
other nations, with particular emphasis on the availability and
adequacy of foreign air bases.
(15) The role of contractors to provide support and maintenance in the theater of operations.
(16) The acquisition policy actions taken to support the
forces in the theater of operations.
(17) The personnel management actions taken to support
the forces in the theater of operations.
(18) The effectiveness of reserve component forces,
including their use and performance in the theater of operations.
(19) A legal analysis, including (A) the legal basis for
the decision by NATO to use force, and (B) the role of the
law of armed conflict in the planning and execution of military
operations by the United States and the other NATO member
nations.
(20) The cost to the Department of Defense of Operation
Allied Force and associated relief operations, together with
the Secretary’s plan to refurbish or replace ordnance and other
military equipment expended or destroyed during the operations.
(21) A description of the most critical lessons learned that
could lead to long-term doctrinal, organizational, and technological changes.
(c) CLASSIFICATION OF REPORT.—The Secretary of Defense shall
submit both the report and the preliminary report in a classified
form and an unclassified form.
SEC. 1212. SENSE OF CONGRESS REGARDING THE NEED FOR VIGOROUS PROSECUTION OF WAR CRIMES, GENOCIDE, AND
CRIMES AGAINST HUMANITY IN THE FORMER REPUBLIC
OF YUGOSLAVIA.

(a) FINDINGS.—Congress makes the following findings:

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(1) The United Nations Security Council created the International Criminal Tribunal for the former Yugoslavia (in this
section referred to as the ‘‘ICTY’’) by resolution on May 25,
1993.
(2) Although the ICTY has indicted 89 people since its
creation, those indictments have only resulted in the trial and
conviction of 8 criminals.
(3) The ICTY has jurisdiction to investigate grave breaches
of the 1949 Geneva Conventions (Article 2), violations of the
laws or customs of war (Article 3), genocide (Article 4), and
crimes against humanity (Article 5).
(4) The Chief Prosecutor of the ICTY, Justice Louise
Arbour, stated on July 7, 1998, to the Contact Group for the
former Yugoslavia, that ‘‘[t]he Prosecutor believes that the
nature and scale of the fighting indicate that an ‘armed conflict’,
within the meaning of international law, exists in Kosovo.
As a consequence, she intends to bring charges for crimes
against humanity or war crimes, if evidence of such crimes
is established’’.
(5) Reports from Kosovar Albanian refugees provide
detailed accounts of systematic efforts to displace the entire
Muslim population of Kosovo.
(6) In furtherance of this plan, Serbian troops, police, and
paramilitary forces have engaged in detention and summary
execution of men of all ages, wanton destruction of civilian
housing, forcible expulsions, mass executions in at least 60
villages and towns, as well as widespread rape of women and
young girls.
(7) These reports of atrocities provide prima facie evidence
of war crimes and crimes against humanity, as well as possible
genocide.
(8) Any criminal investigation is best served by the depositions and interviews of witnesses as soon after the commission
of the crime as possible.
(9) The indictment, arrest, and trial of war criminals would
provide a significant deterrent to further atrocities.
(10) The ICTY has issued 14 international warrants for
war crimes suspects that have yet to be served, despite knowledge of the suspects’ whereabouts.
(11) Vigorous prosecution of war crimes after the conflict
in Bosnia may have prevented the ongoing atrocities in Kosovo.
(12) Investigative reporters have identified specific documentary evidence implicating the Serbian leadership in the
commission of war crimes.
(13) NATO forces and forensic teams deployed in Kosovo
have uncovered physical evidence of war crimes, including mass
graves.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the United States, in coordination with other United
Nations member states, should provide sufficient resources for
an expeditious and thorough investigation of allegations of the
atrocities and war crimes committed in Kosovo;
(2) the United States, through its intelligence services,
should provide all possible cooperation in the gathering of evidence of sufficient specificity and credibility to secure the indictment of those responsible for the commission of war crimes,

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crimes against humanity, and genocide in the former Yugoslavia;
(3) where evidence warrants, indictments for war crimes,
crimes against humanity, and genocide should be issued against
suspects regardless of their position within the Serbian leadership;
(4) the United States and all nations have an obligation
to honor arrest warrants issued by the ICTY and should use
all appropriate means to apprehend and bring to justice through
the ICTY individuals who are already under indictment;
(5) any final settlement regarding Kosovo should not bar
the indictment, apprehension, or prosecution of persons accused
of war crimes, crimes against humanity, or genocide committed
during operations in Kosovo; and
(6) President Slobodan Milosevic should be held accountable
for his actions while President of the Federal Republic of Yugoslavia or President of the Republic of Serbia in initiating four
armed conflicts and taking actions leading to the deaths of
tens of thousands of people and responsibility for murder, rape,
terrorism, destruction, and ethnic cleansing.

Subtitle C—Matters Relating to NATO and
Other Allies
SEC. 1221. LEGAL EFFECT OF THE NEW STRATEGIC CONCEPT OF
NATO.
President.
Deadline.

(a) CERTIFICATION REQUIRED.—Not later than 30 days after
the date of the enactment of this Act, the President shall determine
and certify to the Congress whether or not the new Strategic Concept of NATO imposes any new commitment or obligation on the
United States.
(b) SENSE OF CONGRESS.—It is the sense of Congress that,
if the President certifies under subsection (a) that the new Strategic
Concept of NATO imposes any new commitment or obligation on
the United States, the President should submit the new Strategic
Concept of NATO to the Senate as a treaty for the Senate’s advice
and consent to ratification under article II, section 2, clause 2
of the Constitution.
(c) REPORT.—Together with the certification made under subsection (a), the President shall submit to the Congress a report
containing an analysis of the potential threats facing the North
Atlantic Treaty Organization in the first decade of the next millennium, with particular reference to those threats facing a member
nation, or several member nations, where the commitment of NATO
forces will be ‘‘out of area’’ or beyond the borders of NATO member
nations.
(d) DEFINITION.—For the purposes of this section, the term
‘‘new Strategic Concept of NATO’’ means the document approved
by the Heads of State and Government participating in the meeting
of the North Atlantic Council in Washington, DC, on April 23
and 24, 1999.
SEC. 1222. REPORT ON ALLIED CAPABILITIES TO CONTRIBUTE TO
MAJOR THEATER WARS.

(a) REPORT.—The Secretary of Defense shall prepare a report,
in both classified and unclassified form, on the current military

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113 STAT. 787

capabilities of allied nations to contribute to the successful conduct
of the major theater wars as anticipated in the Quadrennial Defense
Review of 1997.
(b) MATTERS TO BE INCLUDED.—The report shall set forth the
following:
(1) The identity, size, structure, and capabilities of the
armed forces of the allies expected to participate in the major
theater wars anticipated in the Quadrennial Defense Review.
(2) The priority accorded in the national military strategies
and defense programs of the anticipated allies to contributing
forces to United States-led coalitions in such major theater
wars.
(3) The missions currently being conducted by the armed
forces of the anticipated allies and the ability of the allied
armed forces to conduct simultaneously their current missions
and those anticipated in the event of major theater war.
(4) Any Department of Defense assumptions about the
ability of allied armed forces to deploy or redeploy from their
current missions in the event of a major theater war, including
any role United States Armed Forces would play in assisting
and sustaining such a deployment or redeployment.
(5) Any Department of Defense assumptions about the
combat missions to be executed by such allied forces in the
event of major theater war.
(6) The readiness of allied armed forces to execute any
such missions.
(7) Any risks to the successful execution of the military
missions called for under the National Military Strategy of
the United States related to the capabilities of allied armed
forces.
(c) SUBMISSION OF REPORT.—The report shall be submitted
to Congress not later than June 1, 2000.
SEC. 1223. ATTENDANCE AT PROFESSIONAL MILITARY EDUCATION
SCHOOLS BY MILITARY PERSONNEL OF THE NEW
MEMBER NATIONS OF NATO.

Deadline.
10 USC note
prec. 2161.

(a) FINDING.—Congress finds that it is in the national interest
of the United States to fully integrate Poland, Hungary, and the
Czech Republic (the new member nations of the North Atlantic
Treaty Organization) into the NATO alliance as quickly as possible.
(b) MILITARY EDUCATION AND TRAINING PROGRAMS.—The Secretary of each military department shall give due consideration
to according a high priority to the attendance of military personnel
of Poland, Hungary, and the Czech Republic at professional military
education schools and training programs in the United States,
including the United States Military Academy, the United States
Naval Academy, the United States Air Force Academy, the National
Defense University, the war colleges of the Armed Forces, the
command and general staff officer courses of the Armed Forces,
and other schools and training programs of the Armed Forces
that admit personnel of foreign armed forces.

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113 STAT. 788

PUBLIC LAW 106–65—OCT. 5, 1999

Subtitle D—Other Matters
50 USC 1707.

President.
Deadline.

50 USC 1541
note.

SEC. 1231. MULTINATIONAL ECONOMIC EMBARGOES AGAINST GOVERNMENTS IN ARMED CONFLICT WITH THE UNITED
STATES.

(a) POLICY ON THE ESTABLISHMENT OF EMBARGOES.—It is the
policy of the United States, that upon the use of the Armed Forces
of the United States to engage in hostilities against any foreign
country, the President shall, as appropriate—
(1) seek the establishment of a multinational economic
embargo against such country; and
(2) seek the seizure of its foreign financial assets.
(b) REPORTS TO CONGRESS.—Not later than 20 days after the
first day of the engagement of the United States in hostilities
described in subsection (a), the President shall, if the armed conflict
has continued for 14 days, submit to Congress a report setting
forth—
(1) the specific steps the United States has taken and
will continue to take to establish a multinational economic
embargo and to initiate financial asset seizure pursuant to
subsection (a); and
(2) any foreign sources of trade or revenue that directly
or indirectly support the ability of the adversarial government
to sustain a military conflict against the United States.
SEC. 1232. LIMITATION ON DEPLOYMENT OF ARMED FORCES IN HAITI
DURING FISCAL YEAR 2000 AND CONGRESSIONAL NOTICE
OF DEPLOYMENTS TO HAITI.

(a) LIMITATION ON DEPLOYMENT.—No funds available to the
Department of Defense during fiscal year 2000 may be expended
after May 31, 2000, for the continuous deployment of United States
Armed Forces in Haiti pursuant to the Department of Defense
operation designated as Operation Uphold Democracy.
(b) REPORT.—Whenever there is a deployment of United States
Armed Forces to Haiti after May 31, 2000, the President shall,
not later than 96 hours after such deployment begins, transmit
to Congress a written report regarding the deployment. In any
such report, the President shall specify (1) the purpose of the
deployment, and (2) the date on which the deployment is expected
to end.
Deadline.

SEC. 1233. REPORT ON THE SECURITY SITUATION ON THE KOREAN
PENINSULA.

(a) REPORT.—Not later than April 1, 2000, the Secretary of
Defense shall submit to the appropriate congressional committees
a report on the security situation on the Korean peninsula. The
report shall be submitted in both classified and unclassified form.
(b) MATTERS TO BE INCLUDED.—The Secretary shall include
in the report under subsection (a) the following:
(1) A net assessment analysis of the warfighting capabilities of the Combined Forces Command (CFC) of the United
States and the Republic of Korea compared with the armed
forces of North Korea.
(2) An assessment of challenges posed by the armed forces
of North Korea to the defense of the Republic of Korea and
to United States forces deployed to the region.

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113 STAT. 789

(3) An assessment of the current status and the future
direction of weapons of mass destruction programs and ballistic
missile programs of North Korea, including a determination
as to whether or not North Korea—
(A) is continuing to pursue a nuclear weapons program;
(B) is seeking equipment and technology with which
to enrich uranium; and
(C) is pursuing an offensive biological weapons program.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section,
the term ‘‘appropriate congressional committees’’ means—
(1) the Committee on International Relations and the Committee on Armed Services of the House of Representatives;
and
(2) the Committee on Foreign Relations and the Committee
on Armed Services of the Senate.
SEC. 1234. SENSE OF CONGRESS REGARDING THE CONTINUATION OF
SANCTIONS AGAINST LIBYA.

(a) FINDINGS.—Congress makes the following findings:
(1) On December 21, 1988, 270 people, including 189 United
States citizens, were killed in a terrorist bombing on Pan American Flight 103 over Lockerbie, Scotland.
(2) The United Kingdom and the United States indicted
two Libyan intelligence agents, Abd al-Baset Ali al-Megrahi
and Al-Amin Khalifah Fhimah, in 1991 and sought their extradition from Libya to the United States or the United Kingdom
to stand trial for this heinous terrorist act.
(3) The United Nations Security Council called for the
extradition of those suspects in Security Council Resolution
731 and imposed sanctions on Libya in Security Council Resolutions 748 and 883 because Libyan leader Colonel Muammar
Qadhafi refused to transfer the suspects to either the United
States or the United Kingdom to stand trial.
(4) United Nations Security Council Resolutions 731, 748,
and 883 demand that Libya cease all support for terrorism,
turn over the two suspects, cooperate with the investigation
and the trial, and address the issue of appropriate compensation.
(5) The sanctions in United Nations Security Council Resolutions 748 and 883 include—
(A) a worldwide ban on Libya’s national airline;
(B) a ban on flights into and out of Libya by other
nations’ airlines; and
(C) a prohibition on supplying arms, airplane parts,
and certain oil equipment to Libya, and a blocking of
Libyan Government funds in other countries.
(6) Colonel Muammar Qadhafi for many years refused to
extradite the suspects to either the United States or the United
Kingdom and had insisted that he would only transfer the
suspects to a third and neutral country to stand trial.
(7) On August 24, 1998, the United States and the United
Kingdom agreed to the proposal that Colonel Qadhafi transfer
the suspects to The Netherlands, where they would stand trial
under a Scottish court, under Scottish law, and with a panel
of Scottish judges.

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Pan American
Flight 103.
Abd al-Baset Ali
al-Megrahi.
Al-Amin
Khalifah
Fhimah.
Muammar
Qadhafi.

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113 STAT. 790

PUBLIC LAW 106–65—OCT. 5, 1999

(8) The United Nations Security Council endorsed the
United States-United Kingdom proposal on August 27, 1998
in United Nations Security Council Resolution 1192.
(9) The United States, consistent with United Nations Security Council resolutions, called on Libya to ensure the production of evidence, including the presence of witnesses before
the court, and to comply fully with all the requirements of
the United Nations Security Council resolutions.
(10) After years of intensive diplomacy, Colonel Qadhafi
finally transferred the two Libyan suspects to The Netherlands
on April 5, 1999, and the United Nations Security Council,
in turn, suspended its sanctions against Libya that same day.
(11) Libya has only fulfilled one of four conditions (the
transfer of the two suspects accused in the Lockerbie bombing)
set forth in United Nations Security Council Resolutions 731,
748, and 883 that would justify the lifting of United Nations
Security Council sanctions against Libya.
(12) Libya has not fulfilled the other three conditions
(cooperation with the Lockerbie investigation and trial, renunciation of and ending support for terrorism, and payment of
appropriate compensation) necessary to lift the United Nations
Security Council sanctions.
(13) The United Nations Secretary General issued a report
to the Security Council on June 30, 1999, on the issue of
Libya’s compliance with the remaining conditions.
(14) Any member of the United Nations Security Council
has the right to introduce a resolution to lift the sanctions
against Libya now that the United Nations Secretary General’s
report has been issued.
(15) The United States Government considers Libya a state
sponsor of terrorism and the State Department Report, ‘‘Patterns of Global Terrorism; 1998’’, stated that Colonel Qadhafi
‘‘continued publicly and privately to support Palestinian terrorist groups, including the PIJ and the PFLP–GC’’.
(16) United States Government sanctions (other than sanctions on food or medicine) should be maintained on Libya,
and in accordance with United States law, the Secretary of
State should keep Libya on the list of countries the governments
of which have repeatedly provided support for acts of international terrorism under section 6(j) of the Export Administration Act of 1979 in light of Libya’s ongoing support for terrorist
groups.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the President should use all diplomatic means necessary, including
the use of the United States veto at the United Nations Security
Council, to prevent the Security Council from lifting sanctions
against Libya until Libya fulfills all of the conditions set forth
in United Nations Security Council Resolutions 731, 748, and 883.
SEC. 1235. SENSE OF CONGRESS AND REPORT ON DISENGAGING
FROM NONCRITICAL OVERSEAS MISSIONS INVOLVING
UNITED STATES COMBAT FORCES.

(a) FINDINGS.—Congress makes the following findings:
(1) It is the National Security Strategy of the United States
to ‘‘deter and defeat large-scale, cross-border aggression in two
distant theaters in overlapping time frames’’.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 791

(2) The deterrence of Iraq and Iran in Southwest Asia
and the deterrence of North Korea in Northeast Asia represent
two such potential large-scale, cross-border theater requirements.
(3) The United States has 120,000 military personnel
permanently assigned to the Southwest Asia and Northeast
Asia theaters.
(4) The United States has an additional 70,000 military
personnel assigned to non-NATO/non-Pacific threat foreign
countries.
(5) The United States has more than 6,000 military personnel in Bosnia-Herzegovina on indefinite assignment.
(6) The United States has diverted permanently assigned
resources from other theaters to support operations in the
Balkans.
(7) The United States provides military forces to seven
active United Nations peacekeeping operations, including some
missions that have continued for decades.
(8) Between 1986 and 1998, the number of United States
military deployments per year has nearly tripled at the same
time the Department of Defense budget has been reduced in
real terms by 38 percent.
(9) The Army has 10 active-duty divisions today, down
from 18 in 1991, while on an average day in fiscal year 1998,
28,000 United States Army soldiers were deployed to more
than 70 countries for over 300 separate missions.
(10) The number of fighter wings in the active component
of the Air Force has gone from 22 to 13 since 1991, while
70 percent of air sorties in Operation Allied Force over the
Balkans were United States-flown and the Air Force continues
to enforce northern and southern no-fly zones in Iraq. In
response, the Air Force has initiated a ‘‘stop loss’’ program
to block normal retirements and separations.
(11) The Navy has been reduced in size to 339 ships,
its lowest level since 1938, necessitating the redeployment of
the only overseas homeported aircraft carrier from the western
Pacific to the Mediterranean to support Operation Allied Force.
(12) In 1998, just 10 percent of eligible carrier naval aviators (27 out of 261) accepted continuation bonuses and
remained in the service.
(13) In 1998, 48 percent of Air Force pilots eligible for
continuation chose to leave the service.
(14) The Army could fall 6,000 below congressionally
authorized strength levels by the end of 1999.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the readiness of United States military forces to execute
the National Security Strategy of the United States referred
to in subsection (a)(1) is being eroded by a combination of
declining defense budgets and expanded missions; and
(2) there may be missions to which the United States
is contributing Armed Forces from which the United States
can begin disengaging.
(c) REPORT REQUIREMENT.—Not later than March 1, 2000, the
President shall submit to the Committee on Armed Services and
the Committee on Appropriations of the Senate and the Committee
on Armed Services and the Committee on Appropriations of the
House of Representatives a report prioritizing the ongoing global

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President.
Deadline.

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113 STAT. 792

PUBLIC LAW 106–65—OCT. 5, 1999

missions to which the United States is contributing forces. The
President shall include in the report a feasibility analysis of how
the United States can—
(1) shift resources from low priority missions in support
of higher priority missions;
(2) consolidate or reduce United States troop commitments
worldwide; and
(3) end low priority missions.

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER SOVIET UNION
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1301.
1302.
1303.
1304.
1305.
1306.
1307.
1308.
1309.
1310.
1311.

22 USC 5952
note.

(a) SPECIFICATION OF CTR PROGRAMS.—For purposes of section
301 and other provisions of this Act, Cooperative Threat Reduction
programs are the programs specified in section 1501(b) of the
National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104–201; 110 Stat. 2731; 50 U.S.C. 2362 note).
(b) FISCAL YEAR 2000 COOPERATIVE THREAT REDUCTION FUNDS
DEFINED.—As used in this title, the term ‘‘fiscal year 2000 Cooperative Threat Reduction funds’’ means the funds appropriated pursuant to the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs.
(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to
the authorization of appropriations in section 301 for Cooperative
Threat Reduction programs shall be available for obligation for
three fiscal years.
SEC. 1302. FUNDING ALLOCATIONS.

(a) FUNDING FOR SPECIFIC PURPOSES.—Of the $475,500,000
authorized to be appropriated to the Department of Defense for
fiscal year 2000 in section 301(23) for Cooperative Threat Reduction
programs, not more than the following amounts may be obligated
for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$177,300,000.
(2) For strategic nuclear arms elimination in Ukraine,
$41,800,000.
(3) For activities to support warhead dismantlement processing in Russia, $9,300,000.
(4) For security enhancements at chemical weapons storage
sites in Russia, $20,000,000.

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113 STAT. 793

(5) For weapons transportation security in Russia,
$15,200,000.
(6) For planning, design, and construction of a storage
facility for Russian fissile material, $64,500,000.
(7) For weapons storage security in Russia, $99,000,000.
(8) For development of a cooperative program with the
Government of Russia to eliminate the production of weapons
grade plutonium at Russian reactors, $32,300,000.
(9) For biological weapons proliferation prevention activities in Russia, $12,000,000.
(10) For activities designated as Other Assessments/
Administrative Support, $1,800,000.
(11) For defense and military contacts, $2,300,000.
(b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR
OTHER PURPOSES.—No fiscal year 2000 Cooperative Threat Reduction funds may be obligated or expended for a purpose other than
a purpose listed in paragraphs (1) through (11) of subsection (a)
until 30 days after the date that the Secretary of Defense submits
to Congress a report on the purpose for which the funds will
be obligated or expended and the amount of funds to be obligated
or expended. Nothing in the preceding sentence shall be construed
as authorizing the obligation or expenditure of fiscal year 2000
Cooperative Threat Reduction funds for a purpose for which the
obligation or expenditure of such funds is specifically prohibited
under this title.
(c) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS.—(1)
Subject to paragraphs (2) and (3), in any case in which the Secretary
of Defense determines that it is necessary to do so in the national
interest, the Secretary may obligate amounts appropriated for fiscal
year 2000 for a purpose listed in any of the paragraphs in subsection
(a) in excess of the amount specifically authorized for such purpose.
(2) An obligation of funds for a purpose stated in any of the
paragraphs in subsection (a) in excess of the specific amount authorized for such purpose may be made using the authority provided
in paragraph (1) only after—
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for the purposes stated in any
of paragraphs (4) through (6), (8), (10), or (11) of subsection (a)
in excess of 115 percent of the amount specifically authorized for
such purposes.
SEC. 1303. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES.

Notification.

22 USC 5952
note.

(a) IN GENERAL.—No fiscal year 2000 Cooperative Threat
Reduction funds, and no funds appropriated for Cooperative Threat
Reduction programs after the date of the enactment of this Act,
may be obligated or expended for any of the following purposes:
(1) Conducting with Russia any peacekeeping exercise or
other peacekeeping-related activity.
(2) Provision of housing.

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113 STAT. 794

PUBLIC LAW 106–65—OCT. 5, 1999

(3) Provision of assistance to promote environmental restoration.
(4) Provision of assistance to promote job retraining.
(b) LIMITATION WITH RESPECT TO DEFENSE CONVERSION ASSISTANCE.—None of the funds appropriated pursuant to the authorization of appropriations in section 301 of this Act, and no funds
appropriated to the Department of Defense in any other Act enacted
after the date of the enactment of this Act, may be obligated
or expended for the provision of assistance to Russia or any other
state of the former Soviet Union to promote defense conversion.
(c) LIMITATION WITH RESPECT TO CONVENTIONAL WEAPONS.—
No fiscal year 2000 Cooperative Threat Reduction funds may be
obligated or expended for elimination of conventional weapons or
the delivery vehicles primarily intended to deliver such weapons.
22 USC 5952
note.

SEC. 1304. LIMITATIONS ON USE OF FUNDS FOR FISSILE MATERIAL
STORAGE FACILITY.

(a) LIMITATIONS ON USE OF FISCAL YEAR 2000 FUNDS.—No
fiscal year 2000 Cooperative Threat Reduction funds may be used—
(1) for construction of a second wing for the storage facility
for Russian fissile material referred to in section 1302(a)(6);
or
(2) for design or planning with respect to such facility
until 15 days after the date that the Secretary of Defense
submits to Congress notification that Russia and the United
States have signed a verifiable written transparency agreement
that ensures that material stored at the facility is of weapons
origin.
(b) LIMITATION ON CONSTRUCTION.—No funds authorized to
be appropriated for Cooperative Threat Reduction programs may
be used for construction of the storage facility referred to in subsection (a) until the Secretary of Defense submits to Congress
the following:
(1) A certification that additional capacity is necessary
at such facility for storage of Russian weapons-origin fissile
material.
(2) A detailed cost estimate for a second wing for the
facility.
(3) A certification that Russia and the United States have
signed a verifiable written transparency agreement that
ensures that material stored at the facility is of weapons origin.
22 USC 5952
note.

SEC. 1305. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS
DESTRUCTION.

No fiscal year 2000 Cooperative Threat Reduction funds, and
no funds appropriated for Cooperative Threat Reduction programs
after the date of the enactment of this Act, may be obligated
or expended for planning, design, or construction of a chemical
weapons destruction facility in Russia.
SEC. 1306. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF
REPORT.

Not more than 50 percent of the fiscal year 2000 Cooperative
Threat Reduction funds may be obligated or expended until the
Secretary of Defense submits to Congress a report describing—
(1) with respect to each purpose listed in section 1302,
whether the Department of Defense is the appropriate executive

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 795

agency to carry out Cooperative Threat Reduction programs
for such purpose, and if so, why; and
(2) for any purpose that the Secretary determines is not
appropriately carried out by the Department of Defense, a
plan for migrating responsibility for carrying out such purpose
to the appropriate agency.
SEC. 1307. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF
MULTIYEAR PLAN.

Not more than ten percent of fiscal year 2000 Cooperative
Threat Reduction funds may be obligated or expended until the
Secretary of Defense submits to Congress an updated version of
the multiyear plan for fiscal year 2000 required to be submitted
under section 1205 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103–337; 22 U.S.C. 5952 note).
SEC. 1308. REQUIREMENT TO SUBMIT REPORT.

Not later than December 31, 1999, the Secretary of Defense
shall submit to Congress a report including—
(1) an explanation of the strategy of the Department of
Defense for encouraging States of the former Soviet Union
that receive funds through Cooperative Threat Reduction programs to contribute financially to the threat reduction effort;
(2) a prioritization of the projects carried out by the Department of Defense under Cooperative Threat Reduction programs;
(3) an identification of any limitations that the United
States has imposed or will seek to impose, either unilaterally
or through negotiations with recipient States, on the level of
assistance provided by the United States for each of such
projects; and
(4) an identification of the amount of international financial
assistance provided for Cooperative Threat Reduction programs
by other States.

Deadline.

SEC. 1309. REPORT ON EXPANDED THREAT REDUCTION INITIATIVE.

President.
Deadline.

Not later than March 31, 2000, the President shall submit
to Congress a report on the Expanded Threat Reduction Initiative.
Such report shall include a description of the plans for ensuring
effective coordination between executive agencies in carrying out
the Expanded Threat Reduction Initiative to minimize duplication
of efforts.
SEC. 1310. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF CERTIFICATION.

No funds appropriated for fiscal year 1999 for Cooperative
Threat Reduction programs and remaining available for obligation
or expenditure may be obligated or expended for assistance for
any country under a Cooperative Threat Reduction Program until
the President resubmits to Congress an updated certification under
section 1203(d) of the Cooperative Threat Reduction Act of 1993
(title XII of Public Law 103–160; 22 U.S.C. 5952(d)), section 1412(d)
of the Former Soviet Union Demilitarization Act of 1992 (title
XIV of Public Law 102–484; 22 U.S.C. 5902(d)), and section 502
of the Freedom for Russia and Emerging Eurasian Democracies
and Open Markets Support Act of 1992 (Public Law 102–511; 22
U.S.C. 5852).

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113 STAT. 796

PUBLIC LAW 106–65—OCT. 5, 1999

SEC. 1311. PERIOD COVERED BY ANNUAL REPORT ON ACCOUNTING
FOR UNITED STATES ASSISTANCE UNDER COOPERATIVE
THREAT REDUCTION PROGRAMS.

Deadline.

22 USC 5955
note.

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Section 1206(a)(2) of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 471; 22 U.S.C.
5955 note) is amended to read as follows:
‘‘(2) The report shall be submitted under this section not later
than January 31 of each year and shall cover the fiscal year ending
in the preceding calendar year. No report is required under this
section after the completion of the Cooperative Threat Reduction
programs.’’.
SEC. 1312. RUSSIAN NONSTRATEGIC NUCLEAR ARMS.

(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) it is in the interest of Russia to fully implement the
Presidential Nuclear Initiatives announced in 1991 and 1992
by then-President of the Soviet Union Gorbachev and thenPresident of Russia Yeltsin;
(2) the President of the United States should call on Russia
to match the unilateral reductions in the United States inventory of tactical nuclear weapons, which have reduced the inventory by nearly 90 percent; and
(3) if the re-certification under section 1310 is made, the
President should emphasize the continued interest of the
United States in working cooperatively with Russia to reduce
the dangers associated with Russia’s tactical nuclear arsenal.
(b) ANNUAL REPORTING REQUIREMENT.—(1) Each annual report
on accounting for United States assistance under Cooperative
Threat Reduction programs that is submitted to Congress under
section 1206 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104–106; 110 Stat. 471; 22 U.S.C. 5955
note) after fiscal year 1999 shall include, regarding Russia’s arsenal
of tactical nuclear warheads, the following:
(A) Estimates regarding current types, numbers, yields,
viability, locations, and deployment status of the warheads.
(B) An assessment of the strategic relevance of the warheads.
(C) An assessment of the current and projected threat
of theft, sale, or unauthorized use of the warheads.
(D) A summary of past, current, and planned United States
efforts to work cooperatively with Russia to account for, secure,
and reduce Russia’s stockpile of tactical nuclear warheads and
associated fissile material.
(2) The Secretary of Defense shall include in the annual report
described in paragraph (1) the views on the report provided under
subsection (c).
(c) VIEWS OF THE DIRECTOR OF CENTRAL INTELLIGENCE.—The
Director of Central Intelligence shall submit to the Secretary of
Defense, for inclusion as an appendix in the annual report described
in subsection (b), the Director’s views on the matters described
in paragraph (1) of that subsection regarding Russia’s tactical
nuclear weapons.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 797

TITLE XIV—PROLIFERATION AND
EXPORT CONTROLS
Sec. 1401. Adherence of People’s Republic of China to Missile Technology Control
Regime.
Sec. 1402. Annual report on transfers of militarily sensitive technology to countries
and entities of concern.
Sec. 1403. Resources for export license functions.
Sec. 1404. Security in connection with satellite export licensing.
Sec. 1405. Reporting of technology transmitted to People’s Republic of China and
of foreign launch security violations.
Sec. 1406. Report on national security implications of exporting high-performance
computers to the People’s Republic of China.
Sec. 1407. End-use verification for use by People’s Republic of China of high-performance computers.
Sec. 1408. Enhanced multilateral export controls.
Sec. 1409. Enhancement of activities of Defense Threat Reduction Agency.
Sec. 1410. Timely notification of licensing decisions by the Department of State.
Sec. 1411. Enhanced intelligence consultation on satellite license applications.
Sec. 1412. Investigations of violations of export controls by United States satellite
manufacturers.
SEC. 1401. ADHERENCE OF PEOPLE’S REPUBLIC OF CHINA TO MISSILE
TECHNOLOGY CONTROL REGIME.

(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the President should take all actions appropriate to
obtain a bilateral agreement with the People’s Republic of
China to adhere to the Missile Technology Control Regime
(MTCR) and the MTCR Annex; and
(2) the People’s Republic of China should not be permitted
to join the Missile Technology Control Regime as a member
without having—
(A) agreed to the Missile Technology Control Regime
and the specific provisions of the MTCR Annex;
(B) demonstrated a sustained and verified record of
performance with respect to the nonproliferation of missiles
and missile technology; and
(C) adopted an effective export control system for
implementing guidelines under the Missile Technology Control Regime and the MTCR Annex.
(b) REPORT REQUIRED.—Not later than January 31, 2000, the
President shall transmit to Congress a report explaining—
(1) the policy and commitments that the People’s Republic
of China has stated on its adherence to the Missile Technology
Control Regime and the MTCR Annex;
(2) the degree to which the People’s Republic of China
is complying with its stated policy and commitments on
adhering to the Missile Technology Control Regime and the
MTCR Annex; and
(3) actions taken by the United States to encourage the
People’s Republic of China to adhere to the Missile Technology
Control Regime and the MTCR Annex.
(c) DEFINITIONS.—In this section:
(1) MISSILE TECHNOLOGY CONTROL REGIME.—The term
‘‘Missile Technology Control Regime’’ means the policy statement, between the United States, the United Kingdom, the
Federal Republic of Germany, France, Italy, Canada, and
Japan, announced April 16, 1987, to restrict sensitive missilerelevant transfers based on the MTCR Annex, and any amendments thereto.

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Deadline.

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113 STAT. 798

PUBLIC LAW 106–65—OCT. 5, 1999
(2) MTCR ANNEX.—The term ‘‘MTCR Annex’’ means the
Guidelines and Equipment and Technology Annex of the Missile
Technology Control Regime, and any amendments thereto.

22 USC 2778
note.

SEC. 1402. ANNUAL REPORT ON TRANSFERS OF MILITARILY SENSITIVE TECHNOLOGY TO COUNTRIES AND ENTITIES OF
CONCERN.

President.
Deadline.

(a) ANNUAL REPORT.—Not later than March 30 of each year
beginning in the year 2000 and ending in the year 2007, the
President shall transmit to Congress a report on transfers to countries and entities of concern during the preceding calendar year
of the most significant categories of United States technologies
and technical information with potential military applications.
(b) CONTENTS OF REPORT.—The report required by subsection
(a) shall include, at a minimum, the following:
(1) An assessment by the Director of Central Intelligence
of efforts by countries and entities of concern to acquire technologies and technical information referred to in subsection
(a) during the preceding calendar year.
(2) An assessment by the Secretary of Defense, in consultation with the Joint Chiefs of Staff and the Director of Central
Intelligence, of the cumulative impact of licenses granted by
the United States for exports of technologies and technical
information referred to in subsection (a) to countries and entities of concern during the preceding 5-calendar year period
on—
(A) the military capabilities of such countries and entities; and
(B) countermeasures that may be necessary to overcome the use of such technologies and technical information.
(3) An audit by the Inspectors General of the Departments
of Defense, State, Commerce, and Energy, in consultation with
the Director of Central Intelligence and the Director of the
Federal Bureau of Investigation, of the policies and procedures
of the United States Government with respect to the export
of technologies and technical information referred to in subsection (a) to countries and entities of concern.
(c) ADDITIONAL REQUIREMENT FOR FIRST REPORT.—The first
annual report required by subsection (a) shall include an assessment
by the Inspectors General of the Departments of State, Defense,
Commerce, and the Treasury and the Inspector General of the
Central Intelligence Agency of the adequacy of current export controls and counterintelligence measures to protect against the
acquisition by countries and entities of concern of United States
technology and technical information referred to in subsection (a).
(d) SUPPORT OF OTHER AGENCIES.—Upon the request of the
officials responsible for preparing the assessments required by subsection (b), the heads of other departments and agencies shall
make available to those officials all information necessary to carry
out the requirements of this section.
(e) CLASSIFIED AND UNCLASSIFIED REPORTS.—Each report
required by this section shall be submitted in classified form and
unclassified form.
(f) DEFINITION.—As used in this section, the term ‘‘countries
and entities of concern’’ means—

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 799

(1) any country the government of which the Secretary
of State has determined, for purposes of section 6(j) of the
Export Administration Act of 1979 or other applicable law,
to have repeatedly provided support for acts of international
terrorism;
(2) any country that—
(A) has detonated a nuclear explosive device (as defined
in section 830(4) of the Nuclear Proliferation Prevention
Act of 1994 (22 U.S.C. 3201 note)); and
(B) is not a member of the North Atlantic Treaty
Organization; and
(3) any entity that—
(A) is engaged in international terrorism or activities
in preparation thereof; or
(B) is directed or controlled by the government of a
country described in paragraph (1) or (2).
SEC. 1403. RESOURCES FOR EXPORT LICENSE FUNCTIONS.

(a) OFFICE OF DEFENSE TRADE CONTROLS.—
(1) IN GENERAL.—The Secretary of State shall take the
necessary steps to ensure that, in any fiscal year, adequate
resources are allocated to the functions of the Office of Defense
Trade Controls of the Department of State relating to the
review and processing of export license applications so as to
ensure that those functions are performed in a thorough and
timely manner.
(2) AVAILABILITY OF EXISTING APPROPRIATIONS.—The Secretary of State shall take the necessary steps to ensure that
those funds made available under the heading ‘‘Administration
of Foreign Affairs, Diplomatic and Consular Programs’’ in title
IV of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1999, as
contained in the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–277) are
made available, upon the enactment of this Act, to the Office
of Defense Trade Controls of the Department of State to carry
out the purposes of the Office.
(b) DEFENSE THREAT REDUCTION AGENCY.—The Secretary of
Defense shall take the necessary steps to ensure that, in any
fiscal year, adequate resources are allocated to the functions of
the Defense Threat Reduction Agency of the Department of Defense
relating to the review of export license applications so as to ensure
that those functions are performed in a thorough and timely
manner.
(c) UPDATING OF STATE DEPARTMENT REPORT.—Not later than
March 1, 2000, the Secretary of State, in consultation with the
Secretary of Defense and the Secretary of Commerce, shall transmit
to Congress a report updating the information reported to Congress
under section 1513(d)(3) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (22 U.S.C. 2778 note).
SEC. 1404. SECURITY IN CONNECTION WITH SATELLITE EXPORT
LICENSING.

22 USC 2778
note.

Deadline.

22 USC 2778
note.

As a condition of the export license for any satellite to be
launched in a country subject to section 1514 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999
(22 U.S.C. 2778 note), the Secretary of State shall require the
following:

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113 STAT. 800

PUBLIC LAW 106–65—OCT. 5, 1999
(1) That the technology transfer control plan required by
section 1514(a)(1) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (22 U.S.C. 2778 note)
be prepared by the Department of Defense and the licensee,
and that the plan set forth enhanced security arrangements
for the launch of the satellite, both before and during launch
operations.
(2) That each person providing security for the launch
of that satellite—
(A) report directly to the launch monitor with regard
to issues relevant to the technology transfer control plan;
(B) have received appropriate training in the International Trafficking in Arms Regulations (hereafter in this
title referred to as ‘‘ITAR’’).
(C) have significant experience and expertise with satellite launches; and
(D) have been investigated in a manner at least as
comprehensive as the investigation required for the
issuance of a security clearance at the level designated
as ‘‘Secret’’.
(3) That the number of such persons providing security
for the launch of the satellite shall be sufficient to maintain
24-hour security of the satellite and related launch vehicle
and other sensitive technology.
(4) That the licensee agree to reimburse the Department
of Defense for all costs associated with the provision of security
for the launch of the satellite.

22 USC 2778
note.

SEC. 1405. REPORTING OF TECHNOLOGY TRANSMITTED TO PEOPLE’S
REPUBLIC OF CHINA AND OF FOREIGN LAUNCH SECURITY VIOLATIONS.

(a) MONITORING OF INFORMATION.—The Secretary of Defense
shall require that space launch monitors of the Department of
Defense assigned to monitor launches in the People’s Republic
of China maintain records of all information authorized to be transmitted to the People’s Republic of China with regard to each space
launch that the monitors are responsible for monitoring, including
copies of any documents authorized for such transmission, and
reports on launch-related activities.
(b) TRANSMISSION TO OTHER AGENCIES.—The Secretary of
Defense shall ensure that records under subsection (a) are transmitted on a current basis to appropriate elements of the Department
of Defense and to the Department of State, the Department of
Commerce, and the Central Intelligence Agency.
(c) RETENTION OF RECORDS.—Records described in subsection
(a) shall be retained for at least the period of the statute of limitations for violations of the Arms Export Control Act.
(d) GUIDELINES.—The Secretary of Defense shall prescribe
guidelines providing space launch monitors of the Department of
Defense with the responsibility and the ability to report serious
security violations, problems, or other issues at an overseas launch
site directly to the headquarters office of the responsible Department of Defense component.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 801

SEC. 1406. REPORT ON NATIONAL SECURITY IMPLICATIONS OF
EXPORTING HIGH-PERFORMANCE COMPUTERS TO THE
PEOPLE’S REPUBLIC OF CHINA.

(a) REVIEW.—The President, in consultation with the Secretary
of Defense and the Secretary of Energy, shall conduct a comprehensive review of the national security implications of exporting highperformance computers to the People’s Republic of China. To the
extent that such testing has not already been conducted by the
Government, the President, as part of the review, shall conduct
empirical testing of the extent to which national security-related
operations can be performed using clustered, massively-parallel
processing or other combinations of computers.
(b) REPORT.—The President shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the results
of the review conducted under subsection (a). The report shall
be submitted not later than 6 months after the date of the enactment of this Act in classified and unclassified form and shall be
updated not later than February 1 of each of the years 2001 through
2004.

President.

Deadline.

SEC. 1407. END-USE VERIFICATION FOR USE BY PEOPLE’S REPUBLIC
OF CHINA OF HIGH-PERFORMANCE COMPUTERS.

(a) REVISED HPC VERIFICATION SYSTEM.—The President shall
seek to enter into an agreement with the People’s Republic of
China to revise the existing verification system with the People’s
Republic of China with respect to end-use verification for highperformance computers exported or to be exported to the People’s
Republic of China so as to provide for an open and transparent
system providing for effective end-use verification for such computers. The President shall transmit a copy of any such agreement
to Congress.
(b) DEFINITION.—As used in this section and section 1406,
the term ‘‘high-performance computer’’ means a computer which,
by virtue of its composite theoretical performance level, would be
subject to section 1211 of the National Defense Authorization Act
for Fiscal Year 1998 (50 U.S.C. App. 2404 note).
(c) ADJUSTMENT OF COMPOSITE THEORETICAL PERFORMANCE
LEVELS FOR POST-SHIPMENT VERIFICATION.—Section 1213 of the
National Defense Authorization Act for Fiscal Year 1998 (50 U.S.C.
App. 2404 note) is amended by adding at the end the following
new subsection:
‘‘(e) ADJUSTMENT OF PERFORMANCE LEVELS.—Whenever a new
composite theoretical performance level is established under section
1211(d), that level shall apply for purposes of subsection (a) of
this section in lieu of the level set forth in subsection (a).’’.

President.

SEC. 1408. ENHANCED MULTILATERAL EXPORT CONTROLS.

22 USC 2778
note.
President.

(a) NEW INTERNATIONAL CONTROLS.—The President shall seek
to establish new enhanced international controls on technology
transfers that threaten international peace and United States
national security.
(b) IMPROVED SHARING OF INFORMATION.—The President shall
take appropriate actions to improve the sharing of information
by nations that are major exporters of technology so that the United
States can track movements of technology covered by the Wassenaar

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113 STAT. 802

PUBLIC LAW 106–65—OCT. 5, 1999

Arrangement and enforce technology controls and re-export requirements for such technology.
(c) DEFINITION.—As used in this section, the term ‘‘Wassenaar
Arrangement’’ means the multilateral export control regime covering conventional armaments and sensitive dual-use goods and
technologies that was agreed to by 33 co-founding countries in
July 1996 and began operation in September 1996.
22 USC 2778
note.

SEC. 1409. ENHANCEMENT OF ACTIVITIES
REDUCTION AGENCY.

Regulations.
Deadline.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall prescribe
regulations to—
(1) authorize the personnel of the Defense Threat Reduction
Agency (DTRA) who monitor satellite launch campaigns overseas to suspend such campaigns at any time if the suspension
is required for purposes of the national security of the United
States;
(2) ensure that persons assigned as space launch campaign
monitors are provided sufficient training and have adequate
experience in the regulations prescribed by the Secretary of
State known as the ITAR and have significant experience and
expertise with satellite technology, launch vehicle technology,
and launch operations technology;
(3) ensure that adequate numbers of such monitors are
assigned to space launch campaigns so that 24-hour, 7-day
per week coverage is provided;
(4) take steps to ensure, to the maximum extent possible,
the continuity of service by monitors for the entire space launch
campaign period (from satellite marketing to launch and, if
necessary, completion of a launch failure analysis);
(5) adopt measures designed to make service as a space
launch campaign monitor an attractive career opportunity;
(6) allocate funds and other resources to the Agency at
levels sufficient to prevent any shortfalls in the number of
such personnel;
(7) establish mechanisms in accordance with the provisions
of section 1514(a)(2)(A) of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law
105–261; 112 Stat. 2175; 22 U.S.C. 2778 note) that provide
for—
(A) the payment to the Department of Defense by
the person or entity receiving the launch monitoring services concerned, before the beginning of a fiscal year, of
an amount equal to the amount estimated to be required
by the Department to monitor the launch campaigns during
that fiscal year;
(B) the reimbursement of the Department of Defense,
at the end of each fiscal year, for amounts expended by
the Department in monitoring the launch campaigns in
excess of the amount provided under subparagraph (A);
and
(C) the reimbursement of the person or entity receiving
the launch monitoring services if the amount provided
under subparagraph (A) exceeds the amount actually
expended by the Department of Defense in monitoring the
launch campaigns;

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 803

(8) review and improve guidelines on the scope of permissible discussions with foreign persons regarding technology and
technical information, including the technology and technical
information that should not be included in such discussions;
(9) provide, in conjunction with other Federal agencies,
on at least an annual basis, briefings to the officers and
employees of United States commercial satellite entities on
United States export license standards, guidelines, and restrictions, and encourage such officers and employees to participate
in such briefings;
(10) establish a system for—
(A) the preparation and filing by personnel of the
Agency who monitor satellite launch campaigns overseas
of detailed reports of all relevant activities observed by
such personnel in the course of monitoring such campaigns;
(B) the systematic archiving of reports filed under
subparagraph (A); and
(C) the preservation of such reports in accordance with
applicable laws; and
(11) establish a counterintelligence program within the
Agency as part of its satellite launch monitoring program.
(b) ANNUAL REPORT ON IMPLEMENTATION OF SATELLITE TECHNOLOGY SAFEGUARDS.—(1) The Secretary of Defense and the Secretary of State shall each submit to Congress each year, as part
of the annual report for that year under section 1514(a)(8) of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999, the following:
(A) A summary of the satellite launch campaigns and
related activities monitored by the Defense Threat Reduction
Agency during the preceding fiscal year.
(B) A description of any license infractions or violations
that may have occurred during such campaigns and activities.
(C) A description of the personnel, funds, and other
resources dedicated to the satellite launch monitoring program
of the Agency during that fiscal year.
(D) An assessment of the record of United States satellite
makers in cooperating with Agency monitors, and in complying
with United States export control laws, during that fiscal year.
(2) Each report under paragraph (1) shall be submitted in
classified form and unclassified form.
SEC. 1410. TIMELY NOTIFICATION OF LICENSING DECISIONS BY THE
DEPARTMENT OF STATE.

22 USC 2778
note.

Not later than 180 days after the date of the enactment of
this Act, the Secretary of State shall prescribe regulations to provide
timely notice to the manufacturer of a commercial satellite of United
States origin of the final determination of the decision on the
application for a license involving the overseas launch of such
satellite.

Deadline.

SEC. 1411. ENHANCED INTELLIGENCE CONSULTATION ON SATELLITE
LICENSE APPLICATIONS.

22 USC 2778
note.

(a) CONSULTATION DURING REVIEW OF APPLICATIONS.—The Secretary of State and Secretary of Defense, as appropriate, shall
consult with the Director of Central Intelligence during the review
of any application for a license involving the overseas launch of
a commercial satellite of United States origin. The purpose of the
consultation is to assure that the launch of the satellite, if the

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113 STAT. 804

Reports.

PUBLIC LAW 106–65—OCT. 5, 1999

license is approved, will meet the requirements necessary to protect
the national security interests of the United States.
(b) ADVISORY GROUP.—(1) The Director of Central Intelligence
shall establish within the intelligence community an advisory group
to provide information and analysis to Congress, and to appropriate
departments and agencies of the Federal Government, on the
national security implications of granting licenses involving the
overseas launch of commercial satellites of United States origin.
(2) The advisory group shall include technically-qualified representatives of the Central Intelligence Agency, the Defense Intelligence Agency, the National Security Agency, the National Air
Intelligence Center, and the Department of State Bureau of Intelligence and Research and representatives of other elements of the
intelligence community with appropriate expertise.
(3) In addition to the duties under paragraph (1), the advisory
group shall—
(A) review, on a continuing basis, information relating to
transfers of satellite, launch vehicle, or other technology or
knowledge with respect to the course of the overseas launch
of commercial satellites of United States origin; and
(B) analyze the potential impact of such transfers on the
space and military systems, programs, or activities of foreign
countries.
(4) The Director of the Nonproliferation Center of the Central
Intelligence Agency shall serve as chairman of the advisory group.
(5)(A) The advisory group shall, upon request (but not less
often than annually), submit reports on the matters referred to
in paragraphs (1) and (3) to the appropriate committees of Congress
and to appropriate departments and agencies of the Federal Government.
(B) The first annual report under subparagraph (A) shall be
submitted not later than one year after the date of the enactment
of this Act.
(c) INTELLIGENCE COMMUNITY DEFINED.—In this section, the
term ‘‘intelligence community’’ has the meaning given that term
in section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).

22 USC 2778
note.

SEC. 1412. INVESTIGATIONS OF VIOLATIONS OF EXPORT CONTROLS
BY UNITED STATES SATELLITE MANUFACTURERS.

President.

(a) NOTICE TO CONGRESS OF INVESTIGATIONS.—The President
shall promptly notify the appropriate committees of Congress whenever an investigation is undertaken by the Department of Justice
of—
(1) an alleged violation of United States export control
laws in connection with a commercial satellite of United States
origin; or
(2) an alleged violation of United States export control
laws in connection with an item controlled under section 38
of the Arms Export Control Act (22 U.S.C. 2778) that is likely
to cause significant harm or damage to the national security
interests of the United States.
(b) NOTICE TO CONGRESS OF CERTAIN EXPORT WAIVERS.—The
President shall promptly notify the appropriate committees of Congress whenever an export waiver pursuant to section 902 of the
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991
(22 U.S.C. 2151 note) is granted on behalf of any United States

President.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 805

person that is the subject of an investigation described in subsection
(a). The notice shall include a justification for the waiver.
(c) EXCEPTION.—The requirements in subsections (a) and (b)
shall not apply if the President determines that notification of
the appropriate committees of Congress under such subsections
would jeopardize an on-going criminal investigation. If the President
makes such a determination, the President shall provide written
notification of such determination to the Speaker of the House
of Representatives, the majority leader of the Senate, the minority
leader of the House of Representatives, and the minority leader
of the Senate. The notification shall include a justification for the
determination.
(d) IDENTIFICATION OF PERSONS SUBJECT TO INVESTIGATION.—
The Secretary of State and the Attorney General shall develop
appropriate mechanisms to identify, for the purposes of processing
export licenses for commercial satellites, persons who are the subject
of an investigation described in subsection (a).
(e) PROTECTION OF CLASSIFIED AND OTHER SENSITIVE INFORMATION.—The appropriate committees of Congress shall ensure that
appropriate procedures are in place to protect from unauthorized
disclosure classified information, information relating to intelligence
sources and methods, and sensitive law enforcement information
that is furnished to those committees pursuant to this section.
(f) STATUTORY CONSTRUCTION.—Nothing in this section shall
be construed to modify or supersede any other requirement to
report information on intelligence activities to Congress, including
the requirement under section 501 of the National Security Act
of 1947 (50 U.S.C. 413).
(g) DEFINITIONS.—As used in this section:
(1) The term ‘‘appropriate committees of Congress’’ means
the following:
(A) The Committee on Armed Services, the Committee
on Foreign Relations, and the Select Committee on Intelligence of the Senate.
(B) The Committee on Armed Services, the Committee
on International Relations, and the Permanent Select Committee on Intelligence of the House of Representatives.
(2) The term ‘‘United States person’’ means any United
States resident or national (other than an individual resident
outside the United States and employed by other than a United
States person), any domestic concern (including any permanent
domestic establishment of any foreign concern), and any foreign
subsidiary or affiliate (including any permanent foreign
establishment) of any domestic concern which is controlled
in fact by such domestic concern, as determined under regulations of the President.

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113 STAT. 806

PUBLIC LAW 106–65—OCT. 5, 1999

SEC. 1501. REVISION TO LIMITATION ON RETIREMENT OR DISMANTLEMENT OF STRATEGIC NUCLEAR DELIVERY SYSTEMS.

(a) REVISED LIMITATION.—Subsections (a) and (b) of section
1302 of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105–85; 111 Stat. 1948) are amended to read
as follows:
‘‘(a) FUNDING LIMITATION.—(1) Except as provided in paragraph
(2), funds available to the Department of Defense may not be
obligated or expended for retiring or dismantling, or for preparing
to retire or dismantle, any of the following strategic nuclear delivery
systems below the specified levels:
‘‘(A) 76 B–52H bomber aircraft.
‘‘(B) 18 Trident ballistic missile submarines.
‘‘(C) 500 Minuteman III intercontinental ballistic missiles.
‘‘(D) 50 Peacekeeper intercontinental ballistic missiles.
‘‘(2) The limitation in paragraph (1)(B) shall be modified in
accordance with paragraph (3) upon a certification by the President
to Congress of the following:
‘‘(A) That the effectiveness of the United States strategic
deterrent will not be decreased by reductions in strategic
nuclear delivery systems.
‘‘(B) That the requirements of the Single Integrated Operational Plan can be met with a reduced number of strategic
nuclear delivery systems.
‘‘(C) That reducing the number of strategic nuclear delivery
systems will not, in the judgment of the President, provide
a disincentive for Russia to ratify the START II treaty or
serve to undermine future arms control negotiations.
‘‘(D) That the United States will retain the ability to
increase the delivery capacity of its strategic nuclear delivery
systems should threats arise that require more substantial
United States strategic forces.
‘‘(3) If the President submits the certification described in paragraph (2), then the applicable number in effect under paragraph
(1)(B)—
‘‘(A) shall be 16 during the period beginning on the date
on which such certification is transmitted to Congress and
ending on the date specified in subparagraph (B); and
‘‘(B) shall be 14 effective as of the date that is 240 days
after the date on which such certification is transmitted.
‘‘(b) WAIVER AUTHORITY.—If the START II treaty enters into
force, the President may waive the application of the limitation
in effect under paragraph (1)(B) or (3) of subsection (a), as the
case may be, to the extent that the President determines such
a waiver to be necessary in order to implement the treaty.’’.
(b) CONFORMING AMENDMENTS.—Such section is further
amended—
(1) in subsection (c)(2), by striking ‘‘during the strategic
delivery systems retirement limitation period’’ and inserting
‘‘during the fiscal year during which the START II Treaty
enters into force’’; and
(2) by striking subsection (g).
SEC. 1502. SENSE OF CONGRESS ON STRATEGIC ARMS REDUCTIONS.

It is the sense of Congress that, in negotiating a START III
Treaty with the Russian Federation, or any other arms control

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treaty with the Russian Federation that would require reductions
in United States strategic nuclear forces, that—
(1) the strategic nuclear forces and nuclear modernization
programs of the People’s Republic of China and every other
nation possessing nuclear weapons should be taken into full
consideration in the negotiation of such treaty; and
(2) the reductions in United States strategic nuclear forces
under such a treaty should not be to such an extent as to
impede the capability of the United States to respond militarily
to any militarily significant increase in the threat to United
States security or strategic stability posed by the People’s
Republic of China and any other nation.
SEC. 1503. REPORT ON STRATEGIC STABILITY UNDER START III.

(a) REPORT.—Not later than September 1, 2000, the Secretary
of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives a report, to be prepared in consultation with
the Director of Central Intelligence, on the stability of the future
strategic nuclear posture of the United States for deterring the
Russian Federation and other potential nuclear adversaries.
(b) MATTERS TO BE INCLUDED.—The Secretary shall, at a minimum, include in the report the following:
(1) A discussion of the policy defining the deterrence and
military-political objectives of the United States against potential nuclear adversaries.
(2) A discussion of the military requirements for United
States nuclear forces, the force structure and capabilities necessary to meet those requirements, and how they relate to
the achievement of the objectives identified under paragraph
(1).
(3) A projection of the strategic nuclear force posture of
the United States and the Russian Federation that is anticipated under a further Strategic Arms Reduction Treaty
(referred to as ‘‘START III’’), and an explanation of whether
and how United States nuclear forces envisioned under that
posture would be capable of meeting the military sufficiency
requirements identified under paragraph (2).
(4) The Secretary’s assessment of Russia’s nuclear force
posture under START III compared to its present force,
including its size, vulnerability, and capability for launch on
tactical warning, and an assessment of whether strategic stability would be enhanced or diminished under START III,
including any stabilizing and destabilizing factors and possible
incentives or disincentives for Russia to launch a first strike,
or otherwise use nuclear weapons, against the United States
in a possible future crisis.
(5) The Secretary’s assessment of the nuclear weapon
capabilities of China and other potential nuclear weapon
‘‘rogue’’ states in the foreseeable future, and an assessment
of the effect of these capabilities on strategic stability, including
their ability and inclination to use nuclear weapons against
the United States in a possible future crisis.
(6) The Secretary’s assessment of whether asymmetries
between the United States and Russia, including doctrine, nonstrategic nuclear weapons, and active and passive defenses,
are likely to erode strategic stability in the foreseeable future.

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PUBLIC LAW 106–65—OCT. 5, 1999

(7) Any other matters the Secretary believes are important
to such a consideration of strategic stability under future
nuclear postures.
(c) CLASSIFICATION.—The report shall be submitted in classified
form and, to the extent possible, in unclassified form.
SEC. 1504. COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE.

(a) EXTENSION OF COMMITTEE.—Subsection (f) of section 1605
of the National Defense Authorization Act for Fiscal Year 1994
(22 U.S.C. 2751 note) is amended by striking ‘‘September 30, 2000’’
and inserting ‘‘September 30, 2004’’.
(b) EXECUTIVE SECRETARY OF THE COMMITTEE.—Paragraph (5)
of subsection (a) of that section is amended to read as follows:
‘‘(5) The Assistant to the Secretary of Defense for Nuclear
and Chemical and Biological Defense Programs shall serve as executive secretary to the committee, except that during any period
during which that position is vacant the Assistant Secretary of
Defense for Strategy and Threat Reduction shall serve as the executive secretary.’’.
(c) EARLIER DEADLINE FOR ANNUAL REPORT ON COUNTERPROLIFERATION ACTIVITIES AND PROGRAMS.—Section 1503(a) of the
National Defense Authorization Act for Fiscal Year 1995 (22 U.S.C.
2751 note) is amended by striking ‘‘May 1 of each year’’ and
inserting ‘‘February 1 of each year’’.
SEC. 1505. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO
INSPECT AND MONITOR IRAQI WEAPONS ACTIVITIES.

(a) LIMITATION ON AMOUNT OF ASSISTANCE IN FISCAL YEAR
2000.—The total amount of the assistance for fiscal year 2000
that is provided by the Secretary of Defense under section 1505
of the Weapons of Mass Destruction Control Act of 1992 (22 U.S.C.
5859a) as activities of the Department of Defense in support of
activities under that Act may not exceed $15,000,000.
(b) EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE.—Subsection (f) of section 1505 of the Weapons of Mass Destruction
Control Act of 1992 (22 U.S.C. 5859a) is amended by striking
‘‘1999’’ and inserting ‘‘2000’’.
(c) REFERENCES TO UNITED NATIONS SPECIAL COMMISSION ON
IRAQ AND TO FISCAL LIMITATIONS.—(1) Subsection (b)(2) of such
section is amended by inserting ‘‘(or any successor organization)’’
after ‘‘United Nations Special Commission on Iraq’’.
(2) Subsection (d)(4) of such section is amended—
(A) in the first sentence of subparagraph (A)—
(i) by inserting ‘‘(or any successor organization)’’ after
‘‘United Nations Special Commission on Iraq’’; and
(ii) by striking ‘‘the amount specified with respect to
that year under paragraph (3),’’ and all that follows and
inserting ‘‘the amount of any limitation provided by law
on the total amount of such assistance for that fiscal year,
the Secretary of Defense may provide such assistance with
respect to that fiscal year notwithstanding that limitation.’’;
and
(B) in subparagraph (B), by striking ‘‘under paragraph
(3)’’.

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113 STAT. 809

TITLE XVI—NATIONAL SECURITY SPACE
MATTERS
Sec.
Sec.
Sec.
Sec.

1601.
1602.
1603.
1604.

Subtitle A—Space Technology Guide;
Reports
SEC. 1601. SPACE TECHNOLOGY GUIDE.

(a) REQUIREMENT.—The Secretary of Defense shall develop a
detailed guide for investment in space science and technology, demonstrations of space technology, and planning and development
for space technology systems. In the development of the guide,
the goal shall be to identify the technologies and technology demonstrations needed for the United States to take full advantage
of use of space for national security purposes.
(b) RELATIONSHIP TO FUTURE-YEARS DEFENSE PROGRAM.—The
space technology guide shall include two alternative technology
paths. One shall be consistent with the applicable funding limitations associated with the future-years defense program. The other
shall reflect the assumption that it is not constrained by funding
limitations.
(c) RELATIONSHIP TO ACTIVITIES OUTSIDE THE DEPARTMENT OF
DEFENSE.—The Secretary shall include in the guide a discussion
of the potential for cooperative investment and technology development with other departments and agencies of the United States
and with private sector entities.
(d) MICRO-SATELLITE TECHNOLOGY DEVELOPMENT PLAN.—The
Secretary shall include in the guide a micro-satellite technology
development plan to guide investment decisions in micro-satellite
technology and to establish priorities for technology demonstration
activities.
(e) USE OF PREVIOUS STUDIES AND REPORTS.—In the development of the guide, the Secretary shall take into consideration previously completed studies and reports that may be relevant to
the development of the guide, including the following:

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PUBLIC LAW 106–65—OCT. 5, 1999

(1) The Space Control Technology Plan of 1999 of the
Department of Defense.
(2) The Long Range Plan of March 1998 of the United
States Space Command.
(3) The Strategic Master Plan of December 1997 of the
Air Force Space Command.
(f) REPORT.—Not later than April 15, 2000, the Secretary shall
submit a report on the space technology guide to the congressional
defense committees.
SEC. 1602. REPORT ON VULNERABILITIES OF UNITED STATES SPACE
ASSETS.

Not later than March 1, 2000, the Secretary of Defense shall
submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate
a report, prepared in consultation with the Director of Central
Intelligence, on the current and potential vulnerabilities of United
States national security and commercial space assets. The report
shall be submitted in classified and unclassified form. The report
shall include—
(1) an assessment of the military significance of the
vulnerabilities identified in the report;
(2) an assessment of the significance of space debris; and
(3) an assessment of the manner in which the
vulnerabilities identified in the report could affect United States
space launch policy and spacecraft design.
SEC. 1603. REPORT ON SPACE LAUNCH FAILURES.

(a) REPORT REQUIRED.—The Secretary of Defense shall submit
to the President and the specified congressional committees a report
on the factors involved in the three recent failures of the Titan
IV space launch vehicle and the systemic and management reforms
that the Secretary is implementing to minimize future failures
of that vehicle and future launch systems. The report shall be
submitted not later than February 15, 2000. The Secretary shall
include in the report all information from the reviews of those
failures conducted by the Secretary of the Air Force and launch
contractors.
(b) MATTERS TO BE INCLUDED.—The report shall include the
following information:
(1) An explanation for the failure of a Titan IVA launch
vehicle on August 12, 1998, the failure of a Titan IVB launch
vehicle on April 9, 1999, and the failure of a Titan IVB launch
vehicle on April 30, 1999, as well as any information from
civilian launches which may provide information on systemic
problems in current Department of Defense launch systems,
including, in addition to a detailed technical explanation and
summary of financial costs for each such failure, a one-page
summary for each such failure indicating any commonality
between that failure and other military or civilian launch failures.
(2) A review of management and engineering responsibility
for the Titan, Inertial Upper Stage, and Centaur systems, with
an explanation of the respective roles of the Government and
the private sector in ensuring mission success and identification
of the responsible party (Government or private sector) for
each major stage in production and launch of the vehicles.

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113 STAT. 811

(3) A list of all contractors and subcontractors for each
of the Titan, Inertial Upper Stage, and Centaur systems and
their responsibilities and five-year records for meeting program
requirements.
(4) A comparison of the practices of the Department of
Defense, the National Aeronautics and Space Administration,
and the commercial launch industry regarding the management
and oversight of the procurement and launch of expendable
launch vehicles.
(5) An assessment of whether consolidation in the aerospace
industry has affected mission success, including whether costsaving efforts are having an effect on quality and whether
experienced workers are being replaced by less experienced
workers for cost-saving purposes.
(6) Recommendations on how Government contracts with
launch service companies could be improved to protect the
taxpayer, together with the Secretary’s assessment of whether
the withholding of award and incentive fees is a sufficient
incentive to hold contractors to the highest possible quality
standards and the Secretary’s overall evaluation of the award
fee system.
(7) A short summary of what went wrong technically and
managerially in each launch failure and what specific steps
are being taken by the Department of Defense and space launch
contractors to ensure that those errors do not reoccur.
(8) An assessment of the role of the Department of Defense
in the management and technical oversight of the launches
that failed and whether the Department of Defense, in that
role, contributed to the failures.
(9) An assessment of the effect of the launch failures on
the schedule for Titan launches, on the schedule for development and first launch of the Evolved Expendable Launch
Vehicle, and on the ability of industry to meet Department
of Defense requirements.
(10) An assessment of the impact of the launch failures
on assured access to space by the United States, and a consideration of means by which access to space by the United States
can be better assured.
(11) An assessment of any systemic problems that may
exist at the eastern launch range, whether these problems
contributed to the launch failures, and what means would
be most effective in addressing these problems.
(12) An assessment of the potential benefits and detriments
of launch insurance and the impact of such insurance on the
estimated net cost of space launches.
(13) A review of the responsibilities of the Department
of Defense and industry representatives in the launch process,
an examination of the incentives of the Department and
industry representatives throughout the launch process, and
an assessment of whether the incentives are appropriate to
maximize the probability that launches will be timely and
successful.
(14) Any other observations and recommendations that the
Secretary considers relevant.
(c) INTERIM REPORT.—Not later than December 15, 1999, the
Secretary shall submit to the specified congressional committees
an interim report on the progress in the preparation of the report

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PUBLIC LAW 106–65—OCT. 5, 1999

required by this section, including progress with respect to each
of the matters required to be included in the report under subsection
(b).
(d) SPECIFIED CONGRESSIONAL COMMITTEES.—For purposes of
this section, the term ‘‘specified congressional committees’’ means
the following:
(1) The Committee on Armed Services, the Select Committee on Intelligence, and the Committee on Appropriations
of the Senate.
(2) The Committee on Armed Services, the Permanent
Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.
SEC. 1604. REPORT ON AIR FORCE SPACE LAUNCH FACILITIES.

Deadline.

(a) STUDY OF SPACE LAUNCH RANGES AND REQUIREMENTS.—
The Secretary of Defense shall, using the Defense Science Board
of the Department of Defense, conduct a study—
(1) to assess anticipated military, civil, and commercial
space launch requirements;
(2) to examine the technical shortcomings at the space
launch ranges;
(3) to evaluate current and future oversight and range
safety arrangements at the space launch ranges; and
(4) to estimate future funding requirements for space
launch ranges capable of meeting both national security space
launch needs and civil and commercial space launch needs.
(b) REPORT.—Not later than February 15, 2000, the Secretary
shall submit to the congressional defense committees a report containing the results of the study.

Subtitle B—Commercial Space Launch
Services
SEC. 1611. SENSE OF CONGRESS REGARDING UNITED STATES-RUSSIAN COOPERATION IN COMMERCIAL SPACE LAUNCH
SERVICES.

It is the sense of Congress that—
(1) the United States should demand full and complete
cooperation from the Government of the Russian Federation
on preventing the illegal transfer from Russia to Iran or any
other country of any prohibited fissile material or ballistic
missile equipment or any technology necessary for the acquisition or development by the recipient country of any nuclear
weapon or ballistic missile;
(2) the United States should take every appropriate
measure necessary to encourage the Government of the Russian
Federation to seek out and prevent the illegal transfer from
Russia to Iran or any other country of any prohibited fissile
material or ballistic missile equipment or any technology necessary for the acquisition or development by the recipient
country of any nuclear weapon or ballistic missile;
(3) the United States Government decision to increase the
quantitative limitations applicable to commercial space launch
services provided by Russian space launch providers, based
upon a serious commitment by the Government of the Russian
Federation to seek out and prevent the illegal transfer from

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Russia to Iran or any other country of any prohibited ballistic
missile equipment or any technology necessary for the acquisition or development by the recipient country of any ballistic
missile, should facilitate greater cooperation between the
United States and the Russian Federation on nonproliferation
matters; and
(4) any possible future consideration of modifying such
limitations should be conditioned on a continued serious
commitment by the Government of the Russian Federation
to preventing such illegal transfers.
SEC. 1612. SENSE OF CONGRESS CONCERNING UNITED
COMMERCIAL SPACE LAUNCH CAPACITY.

STATES

(a) SENSE OF CONGRESS CONCERNING UNITED STATES COMMERSPACE LAUNCH CAPACITY.—It is the sense of Congress that
Congress and the President should work together to stimulate and
encourage the expansion of a commercial space launch capacity
in the United States, including by taking actions to eliminate legal
or regulatory barriers to long-term competitiveness of the United
States commercial space launch industry.
(b) SENSE OF CONGRESS CONCERNING POLICY OF PERMITTING
EXPORT OF COMMERCIAL SATELLITES TO PEOPLE’S REPUBLIC OF
CHINA FOR LAUNCH.—It is the sense of Congress that Congress
and the President should—
(1) reexamine the current United States policy of permitting the export of commercial satellites of United States origin
to the People’s Republic of China for launch;
(2) review the advantages and disadvantages of phasing
out that policy, including in that review advantages and disadvantages identified by Congress, the executive branch, the
United States satellite industry, the United States space launch
industry, the United States telecommunications industry, and
other interested persons; and
(3) if the phase out of that policy is adopted, permit the
export of a commercial satellite of United States origin for
launch in the People’s Republic of China only if—
(A) the launch is licensed as of the commencement
of the phase out of that policy; and
(B) additional actions under section 1514 of the Strom
Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105–261; 112 Stat. 2175; 22 U.S.C.
2778 note) are taken to minimize the transfer of technology
to the People’s Republic of China during the course of
the launch.
CIAL

Subtitle C—Commission To Assess United
States National Security Space Management and Organization

10 USC 111 note.

SEC. 1621. ESTABLISHMENT OF COMMISSION.

(a) ESTABLISHMENT.—There is hereby established a commission
known as the Commission To Assess United States National Security Space Management and Organization (in this subtitle referred
to as the ‘‘Commission’’).

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(b) COMPOSITION.—The Commission shall be composed of 13
members appointed as follows:
(1) Four members shall be appointed by the chairman
of the Committee on Armed Services of the Senate.
(2) Four members shall be appointed by the chairman
of the Committee on Armed Services of the House of Representatives.
(3) Three members shall be appointed jointly by the ranking
minority member of the Committee on Armed Services of the
Senate and the ranking minority member of the Committee
on Armed Services of the House of Representatives.
(4) Two members shall be appointed by the Secretary of
Defense, in consultation with the Director of Central Intelligence.
(c) QUALIFICATIONS.—Members of the Commission shall be
appointed from among private citizens of the United States who
have knowledge and expertise in the areas of national security
space policy, programs, organizations, and future national security
concepts.
(d) CHAIRMAN.—The chairman of the Committee on Armed
Services of the Senate, after consultation with the chairman of
the Armed Services Committee of the House of Representatives
and the ranking minority members of the Committees on Armed
Services of the House of Representatives and the Senate, shall
designate one of the members of the Commission to serve as chairman of the Commission.
(e) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment.
(f) SECURITY CLEARANCES.—All members of the Commission
shall hold appropriate security clearances.
(g) INITIAL ORGANIZATION REQUIREMENTS.—(1) All appointments to the Commission shall be made not later than 90 days
after the date of the enactment of this Act.
(2) The Commission shall convene its first meeting not later
than 60 days after the date as of which all members of the Commission have been appointed, but not earlier than October 15, 1999.
SEC. 1622. DUTIES OF COMMISSION.

(a) ASSESSMENT OF UNITED STATES NATIONAL SECURITY SPACE
MANAGEMENT AND ORGANIZATION.—The Commission shall, concerning changes to be implemented over the near-term, mediumterm, and long-term that would strengthen United States national
security, assess the following:
(1) The manner in which military space assets may be
exploited to provide support for United States military operations.
(2) The current interagency coordination process regarding
the operation of national security space assets, including identification of interoperability and communications issues.
(3) The relationship between the intelligence and nonintelligence aspects of national security space (so-called ‘‘white
space’’ and ‘‘black space’’), and the potential costs and benefits
of a partial or complete merger of the programs, projects, or
activities that are differentiated by those two aspects.

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(4) The manner in which military space issues are
addressed by professional military education institutions.
(5) The potential costs and benefits of establishing any
of the following:
(A) An independent military department and service
dedicated to the national security space mission.
(B) A corps within the Air Force dedicated to the
national security space mission.
(C) A position of Assistant Secretary of Defense for
Space within the Office of the Secretary of Defense.
(D) A new major force program, or other budget mechanism, for managing national security space funding within
the Department of Defense.
(E) Any other change to the existing organizational
structure of the Department of Defense for national security
space management and organization.
(b) COOPERATION FROM GOVERNMENT OFFICIALS.—In carrying
out its duties, the Commission should receive the full and timely
cooperation of the Secretary of Defense, the Director of Central
Intelligence, and any other United States Government official
responsible for providing the Commission with analyses, briefings,
and other information necessary for the fulfillment of its responsibilities.
SEC. 1623. REPORT.

The Commission shall, not later than six months after the
date of its first meeting, submit to Congress and to the Secretary
of Defense a report on its findings and conclusions.

Deadline.

SEC. 1624. ASSESSMENT BY THE SECRETARY OF DEFENSE.

The Secretary of Defense shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed Services
of the House of Representatives an assessment of the Commission’s
findings not later than 90 days after the submission of the Commission’s report.

Deadline.

SEC. 1625. POWERS.

(a) HEARINGS.—The Commission or, at its direction, any panel
or member of the Commission, may, for the purpose of carrying
out the provisions of this subtitle, hold hearings, sit and act at
times and places, take testimony, receive evidence, and administer
oaths to the extent that the Commission or any panel or member
considers advisable.
(b) INFORMATION.—The Commission may secure directly from
the Department of Defense, the other departments and agencies
of the intelligence community, and any other Federal department
or agency information that the Commission considers necessary
to enable the Commission to carry out its responsibilities under
this subtitle.
SEC. 1626. COMMISSION PROCEDURES.

(a) MEETINGS.—The Commission shall meet at the call of the
chairman.
(b) QUORUM.—(1) Seven members of the Commission shall constitute a quorum other than for the purpose of holding hearings.
(2) The Commission shall act by resolution agreed to by a
majority of the members of the Commission.

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(c) COMMISSION.—The Commission may establish panels composed of less than full membership of the Commission for the
purpose of carrying out the Commission’s duties. The actions of
each such panel shall be subject to the review and control of
the Commission. Any findings and determinations made by such
a panel shall not be considered the findings and determinations
of the Commission unless approved by the Commission.
(d) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMISSION.—
Any member or agent of the Commission may, if authorized by
the Commission, take any action which the Commission is authorized to take under this subtitle.
SEC. 1627. PERSONNEL MATTERS.

(a) PAY OF MEMBERS.—Members of the Commission shall serve
without pay by reason of their work on the Commission.
(b) TRAVEL EXPENSES.—The members of the Commission shall
be allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under subchapter
I of chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance of
services for the Commission.
(c) STAFF.—(1) The chairman of the Commission may, without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service, appoint a staff director
and such additional personnel as may be necessary to enable the
Commission to perform its duties. The appointment of a staff
director shall be subject to the approval of the Commission.
(2) The chairman of the Commission may fix the pay of the
staff director and other personnel without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay fixed under this
paragraph for the staff director may not exceed the rate payable
for level V of the Executive Schedule under section 5316 of such
title and the rate of pay for other personnel may not exceed the
maximum rate payable for grade GS–15 of the General Schedule.
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon request of the
chairman of the Commission, the head of any Federal department
or agency may detail, on a nonreimbursable basis, any personnel
of that department or agency to the Commission to assist it in
carrying out its duties.
(e) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The chairman of the Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the daily
equivalent of the annual rate of basic pay payable for level V
of the Executive Schedule under section 5316 of such title.
SEC. 1628. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

(a) POSTAL AND PRINTING SERVICES.—The Commission may
use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(b) MISCELLANEOUS ADMINISTRATIVE AND SUPPORT SERVICES.—
The Secretary of Defense shall furnish the Commission, on a
reimbursable basis, any administrative and support services
requested by the Commission.

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113 STAT. 817

(c) NATIONAL SECURITY INFORMATION.—The Secretary of
Defense, in consultation with the Director of Central Intelligence,
shall assume responsibility for the handling and disposition of
national security information received and used by the Commission.
SEC. 1629. FUNDING.

Funds for activities of the Commission shall be provided from
amounts appropriated for the Department of Defense for operation
and maintenance for Defense-wide activities for fiscal year 2000.
Upon receipt of a written certification from the chairman of the
Commission specifying the funds required for the activities of the
Commission, the Secretary of Defense shall promptly disburse to
the Commission, from such amounts, the funds required by the
Commission as stated in such certification.
SEC. 1630. TERMINATION OF THE COMMISSION.

The Commission shall terminate 60 days after the date of
the submission of its report under section 1623.

TITLE XVII—TROOPS-TO-TEACHERS
PROGRAM
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1701.
1702.
1703.
1704.
1705.
1706.
1707.
1708.
1709.

SEC. 1701. SHORT TITLE; DEFINITIONS.

Troops-toTeachers
Program Act of
1999.

20 USC 9301.

(a) SHORT TITLE.—This title may be cited as the ‘‘Troops-toTeachers Program Act of 1999’’.
(b) DEFINITIONS.—In this title:
(1) The term ‘‘administering Secretary’’, with respect to
the Troops-to-Teachers Program, means the following:
(A) The Secretary of Defense with respect to the Armed
Forces (other than the Coast Guard) for the period beginning on the date of the enactment of this Act, and ending
on the date of the completion of the transfer of responsibility for the Troops-to-Teachers Program to the Secretary
of Education under section 1707.
(B) The Secretary of Transportation with respect to
the Coast Guard for the period referred to in subparagraph
(A).
(C) The Secretary of Education for any period after
the period referred to in subparagraph (A).
(2) The term ‘‘alternative certification or licensure requirements’’ means State or local teacher certification or licensure
requirements that permit a demonstrated competence in appropriate subject areas gained in careers outside of education
to be substituted for traditional teacher training course work.
(3) The term ‘‘member of the Armed Forces’’ includes a
former member of the Armed Forces.
(4) The term ‘‘State’’ includes the District of Columbia,
American Samoa, the Federated States of Micronesia, Guam,

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PUBLIC LAW 106–65—OCT. 5, 1999
the Republic of the Marshall Islands, the Commonwealth of
the Northern Mariana Islands, the Commonwealth of Puerto
Rico, the Republic of Palau, and the United States Virgin
Islands.

20 USC 9302.

SEC. 1702. AUTHORIZATION OF TROOPS-TO-TEACHERS PROGRAM.

(a) PROGRAM AUTHORIZED.—The administering Secretary may
carry out a program (to be known as the ‘‘Troops-to-Teachers Program’’)—
(1) to assist eligible members of the Armed Forces after
their discharge or release, or retirement, from active duty to
obtain certification or licensure as elementary or secondary
school teachers or as vocational or technical teachers; and
(2) to facilitate the employment of such members by local
educational agencies identified under subsection (b)(1).
(b) IDENTIFICATION OF LOCAL EDUCATIONAL AGENCIES WITH
TEACHER SHORTAGES.—(1) In carrying out the Troops-to-Teachers
Program, the administering Secretary shall periodically identify
local educational agencies that—
(A) are receiving grants under title I of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.)
as a result of having within their jurisdictions concentrations
of children from low-income families; or
(B) are experiencing a shortage of qualified teachers, in
particular a shortage of science, mathematics, special education,
or vocational or technical teachers.
(2) The administering Secretary may identify local educational
agencies under paragraph (1) through surveys conducted for that
purpose or by using information on local educational agencies that
is available to the administering Secretary from other sources.
(c) IDENTIFICATION OF STATES WITH ALTERNATIVE CERTIFICATION REQUIREMENTS.—In carrying out the Troops-to-Teachers
Program, the administering Secretary shall also conduct a survey
of States to identify those States that have alternative certification
or licensure requirements for teachers, including those States that
grant credit for service in the Armed Forces toward satisfying
certification or licensure requirements for teachers.
(d) LIMITATION ON USE OF FUNDS FOR MANAGEMENT INFRASTRUCTURE.—The administering Secretary may utilize not more
than five percent of the funds available to carry out the Troopsto-Teachers Program for a fiscal year for purposes of establishing
and maintaining the management infrastructure necessary to support the program.
20 USC 9303.

SEC. 1703. ELIGIBLE MEMBERS OF THE ARMED FORCES.

(a) ELIGIBLE MEMBERS.—Subject to subsection (c), the following
members of the Armed Forces shall be eligible for selection to
participate in the Troops-to-Teachers Program:
(1) Any member who—
(A) during the period beginning on October 1, 1990,
and ending on September 30, 1999, was involuntarily discharged or released from active duty for purposes of a
reduction of force after six or more years of continuous
active duty immediately before the discharge or release;
and
(B) satisfies such other criteria for selection as the
administering Secretary may prescribe.

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113 STAT. 819

(2) Any member who applied for the teacher placement
program administered under section 1151 of title 10, United
States Code, as in effect before its repeal by section 1707,
and who satisfies the eligibility criteria specified in subsection
(c) of such section 1151.
(3) Any member who—
(A) on or after October 1, 1999, becomes entitled to
retired or retainer pay in the manner provided in title
10 or title 14, United States Code;
(B) has the educational background required by subsection (b); and
(C) satisfies the criteria prescribed under paragraph
(1)(B).
(b) EDUCATIONAL BACKGROUND.—(1) In the case of a member
of the Armed Forces described in subsection (a)(3) who is applying
for assistance for placement as an elementary or secondary school
teacher, the administering Secretary shall require the member to
have received a baccalaureate or advanced degree from an accredited institution of higher education.
(2) In the case of a member described in subsection (a)(3)
who is applying for assistance for placement as a vocational or
technical teacher, the administering Secretary shall require the
member—
(A) to have received the equivalent of one year of college
from an accredited institution of higher education and have
10 or more years of military experience in a vocational or
technical field; or
(B) to otherwise meet the certification or licensure requirements for a vocational or technical teacher in the State in
which the member seeks assistance for placement under the
program.
(c) INELIGIBLE MEMBERS.—A member of the Armed Forces
described in subsection (a) is eligible to participate in the Troopsto-Teachers Program only if the member’s last period of service
in the Armed Forces was characterized as honorable.
(d) INFORMATION REGARDING PROGRAM.—(1) The administering
Secretary shall provide information regarding the Troops-toTeachers Program, and make applications for the program available,
to members of the Armed Forces as part of preseparation counseling
provided under section 1142 of title 10, United States Code.
(2) The information provided to members shall—
(A) indicate the local educational agencies identified under
section 1702(b); and
(B) identify those States surveyed under section 1702(c)
that have alternative certification or licensure requirements
for teachers, including those States that grant credit for service
in the Armed Forces toward satisfying such requirements.
SEC. 1704. SELECTION OF PARTICIPANTS.

20 USC 9304.

(a) SUBMISSION OF APPLICATIONS.—Selection of eligible members of the Armed Forces to participate in the Troops-to-Teachers
Program shall be made on the basis of applications submitted
to the administering Secretary on a timely basis. An application
shall be in such form and contain such information as the administering Secretary may require.

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113 STAT. 820

Deadline.

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PUBLIC LAW 106–65—OCT. 5, 1999

(b) TIMELY APPLICATIONS.—An application shall be considered
to be submitted on a timely basis if the application is submitted
as follows:
(1) In the case of a member of the Armed Forces who
is eligible under section 1703(a)(1) or 1703(a)(2), not later than
September 30, 2003.
(2) In the case of a member who is eligible under section
1703(a)(3), not later than four years after the date on which
the member first receives retired or retainer pay under title
10 or title 14, United States Code.
(c) SELECTION PRIORITIES.—In selecting eligible members of
the Armed Forces to receive assistance for placement as elementary
or secondary school teachers or vocational or technical teachers,
the administering Secretary shall give priority to members who—
(1) have educational or military experience in science,
mathematics, special education, or vocational or technical subjects and agree to seek employment as science, mathematics,
or special education teachers in elementary or secondary schools
or in other schools under the jurisdiction of a local educational
agency; or
(2) have educational or military experience in another subject area identified by the administering Secretary, in consultation with the National Governors Association, as important
for national educational objectives and agree to seek employment in that subject area in elementary or secondary schools.
(d) SELECTION SUBJECT TO FUNDING.—The administering Secretary may not select a member of the Armed Forces to participate
in the Troops-to-Teachers Program unless the administering Secretary has sufficient appropriations for the program available at
the time of the selection to satisfy the obligations to be incurred
by the United States under section 1705 with respect to that
member.
(e) PARTICIPATION AGREEMENT.—A member of the Armed Forces
selected to participate in the Troops-to-Teachers Program shall
be required to enter into an agreement with the administering
Secretary in which the member agrees—
(1) to obtain, within such time as the administering Secretary may require, certification or licensure as an elementary
or secondary school teacher or vocational or technical teacher;
and
(2) to accept an offer of full-time employment as an
elementary or secondary school teacher or vocational or technical teacher for not less than four school years with a local
educational agency identified under section 1702, to begin the
school year after obtaining that certification or licensure.
(f) EXCEPTIONS TO VIOLATION DETERMINATION.—A participant
in the Troops-to-Teachers Program shall not be considered to be
in violation of an agreement entered into under subsection (e)
during any period in which the participant—
(1) is pursuing a full-time course of study related to the
field of teaching at an eligible institution;
(2) is serving on active duty as a member of the Armed
Forces;
(3) is temporarily totally disabled for a period of time
not to exceed three years as established by sworn affidavit
of a qualified physician;

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113 STAT. 821

(4) is unable to secure employment for a period not to
exceed 12 months by reason of the care required by a spouse
who is disabled;
(5) is seeking and unable to find full-time employment
as a teacher in an elementary or secondary school or as a
vocational or technical teacher for a single period not to exceed
27 months; or
(6) satisfies the provisions of additional reimbursement
exceptions that may be prescribed by the administering Secretary.
SEC. 1705. STIPEND AND BONUS FOR PARTICIPANTS.

20 USC 9305.

(a) STIPEND AUTHORIZED.—(1) Subject to paragraph (2), the
administering Secretary shall pay to each participant in the Troopsto-Teachers Program a stipend in an amount equal to $5,000.
(2) The total number of stipends that may be paid under
paragraph (1) in any fiscal year may not exceed 3,000.
(b) BONUS AUTHORIZED.—(1) Subject to paragraph (2), the
administering Secretary may, in lieu of paying a stipend under
subsection (a), pay a bonus of $10,000 to each participant in the
Troops-to-Teachers Program who agrees under section 1704(e) to
accept full-time employment as an elementary or secondary school
teacher or vocational or technical teacher for not less than four
years in a high need school.
(2) The total number of bonuses that may be paid under paragraph (1) in any fiscal year may not exceed 1,000.
(3) In this subsection, the term ‘‘high need school’’ means an
elementary school or secondary school that meets one or more
of the following criteria:
(A) The school has a drop out rate that exceeds the national
average school drop out rate.
(B) The school has a large percentage of students (as determined by the Secretary of Education in consultation with the
National Assessment Governing Board) who speak English as
a second language.
(C) The school has a large percentage of students (as so
determined) who are at risk of educational failure by reason
of limited proficiency in English, poverty, race, geographic location, or economic circumstances.
(D) At least one-half of the students of the school are
from families with an income below the poverty line (as that
term is defined by the Office of Management and Budget and
revised annually in accordance with section 673(2) of the
Community Services Block Grant Act (42 U.S.C. 9902(2))
applicable to a family of the size involved.
(E) The school has a large percentage of students (as so
determined) who qualify for assistance under part B of the
Individuals with Disabilities Education Act (20 U.S.C. 1411
et seq.).
(F) The school meets any other criteria established by
the administering Secretary in consultation with the National
Assessment Governing Board.
(c) TREATMENT OF STIPEND AND BONUS.—Stipends and bonuses
paid under this section shall be taken into account in determining
the eligibility of the participant concerned for Federal student financial assistance provided under title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.).

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113 STAT. 822

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(d) REIMBURSEMENT UNDER CERTAIN CIRCUMSTANCES.—(1) If
a participant in the Troops-to-Teachers Program fails to obtain
teacher certification or licensure or employment as an elementary
or secondary school teacher or vocational or technical teacher as
required by the agreement under section 1704(e) or voluntarily
leaves, or is terminated for cause, from the employment during
the four years of required service in violation of the agreement,
the participant shall be required to reimburse the administering
Secretary for any stipend paid to the participant under subsection
(a) in an amount that bears the same ratio to the amount of
the stipend as the unserved portion of required service bears to
the four years of required service.
(2) If a participant in the Troops-to-Teachers Program who
is paid a bonus under subsection (b) fails to obtain employment
for which the bonus was paid as required by the agreement under
section 1704(e), or voluntarily leaves or is terminated for cause
from the employment during the four years of required service
in violation of the agreement, the participant shall be required
to reimburse the administering Secretary for any bonus paid to
the participant under that subsection in an amount that bears
the same ratio to the amount of the bonus as the unserved portion
of required service bears to the four years of required service.
(3) The obligation to reimburse the administering Secretary
under this subsection is, for all purposes, a debt owing the United
States. A discharge in bankruptcy under title 11, United States
Code, shall not release a participant from the obligation to
reimburse the administering Secretary.
(4) Any amount owed by a participant under this subsection
shall bear interest at the rate equal to the highest rate being
paid by the United States on the day on which the reimbursement
is determined to be due for securities having maturities of ninety
days or less and shall accrue from the day on which the participant
is first notified of the amount due.
(e) EXCEPTIONS TO REIMBURSEMENT REQUIREMENT.—A participant in the Troops-to-Teachers Program shall be excused from
reimbursement under subsection (d) if the participant becomes
permanently totally disabled as established by sworn affidavit of
a qualified physician. The administering Secretary may also waive
reimbursement in cases of extreme hardship to the participant,
as determined by the administering Secretary.
(f) RELATIONSHIP TO EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL.—The receipt by a participant in the Troopsto-Teachers Program of any assistance under the program shall
not reduce or otherwise affect the entitlement of the participant
to any benefits under chapter 30 of title 38, United States Code,
or chapter 1606 of title 10, United States Code.
20 USC 9306.

SEC. 1706. PARTICIPATION BY STATES.

(a) DISCHARGE OF STATE ACTIVITIES THROUGH CONSORTIA OF
STATES.—The administering Secretary may permit States participating in the Troops-to-Teachers Program to carry out activities
authorized for such States under the program through one or more
consortia of such States.
(b) ASSISTANCE TO STATES.—(1) Subject to paragraph (2), the
administering Secretary may make grants to States participating
in the Troops-to-Teachers Program, or to consortia of such States,
in order to permit such States or consortia of States to operate

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113 STAT. 823

offices for purposes of recruiting eligible members of the Armed
Forces for participation in the program and facilitating the employment of participants in the program in schools in such States
or consortia of States.
(2) The total amount of grants under paragraph (1) in any
fiscal year may not exceed $4,000,000.
SEC. 1707. TERMINATION OF ORIGINAL PROGRAM; TRANSFER OF
FUNCTIONS.

(a) TERMINATION.—(1) Section 1151 of title 10, United States
Code, is repealed.
(2) The table of sections at the beginning of chapter 58 of
such title is amended by striking the item relating to section 1151.
(3) The repeal of such section shall not affect the validity
or terms of any agreement entered into before the date of the
enactment of this Act under subsection (f) of such section, or to
pay assistance, make grants, or obtain reimbursement in connection
with such an agreement under subsections (g), (h), and (i) of such
section, as in effect before its repeal.
(b) TRANSFER OF FUNCTIONS.—(1) The Secretary of Defense,
the Secretary of Transportation, and the Secretary of Education
shall provide for the transfer to the Secretary of Education of
any on-going functions and responsibilities of the Secretary of
Defense and the Secretary of Transportation with respect to—
(A) the program authorized by section 1151 of title 10,
United States Code, before its repeal by subsection (a)(1); and
(B) the Troops-to-Teachers Program for the period beginning on the date of the enactment of this Act and ending
on September 30, 2000.
(2) The Secretaries referred to in paragraph (1) shall complete
the transfer under such paragraph not later than October 1, 2000.
(3) After completion of the transfer, the Secretary of Education
shall discharge that Secretary’s functions and responsibilities with
respect to the program in consultation with the Secretary of Defense
and the Secretary of Transportation with respect to the Coast
Guard.

20 USC 9307.

10 USC 1151
note.

Deadline.

SEC. 1708. REPORTING REQUIREMENTS.

10 USC 9308.

(a) REPORT REQUIRED.—Not later than March 31, 2001, the
Secretary of Education (in consultation with the Secretary of
Defense and the Secretary of Transportation) and the Comptroller
General shall each submit to Congress a report on the effectiveness
of the Troops-to-Teachers Program in the recruitment and retention
of qualified personnel by local educational agencies identified under
section 1702(b).
(b) ELEMENTS OF REPORT.—The report under subsection (a)
shall include information on the following:
(1) The number of participants in the Troops-to-Teachers
Program.
(2) The schools in which such participants are employed.
(3) The grade levels at which such participants teach.
(4) The subject matters taught by such participants.

Deadline.

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(5) The effectiveness of the teaching of such participants,
as indicated by any relevant test scores of the students of
such participants.
(6) The extent of any academic improvement in the schools
in which such participants teach by reason of their teaching.
(7) The rates of retention of such participants by the local
educational agencies employing such participants.
(8) The effect of any stipends or bonuses under section
1705 in enhancing participation in the program or in enhancing
recruitment or retention of participants in the program by
the local educational agencies employing such participants.
(9) Such other matters as the Secretary of Education or
the Comptroller General, as the case may be, considers appropriate.
(c) RECOMMENDATIONS.—The report of the Comptroller General
under this section shall also include any recommendations of the
Comptroller General as to means of improving the Troops-toTeachers Program, including means of enhancing the recruitment
and retention of participants in the program.
20 USC 9309.

SEC. 1709. FUNDS FOR FISCAL YEAR 2000.

Of the amount authorized to be appropriated by section 301
for operation and maintenance for fiscal year 2000, $3,000,000
shall be available for purposes of carrying out the Troops-toTeachers Program.
Military
Construction
Authorization
Act for Fiscal
Year 2000.

DIVISION B—MILITARY CONSTRUCTION
AUTHORIZATIONS
SEC. 2001. SHORT TITLE.

This division may be cited as the ‘‘Military Construction
Authorization Act for Fiscal Year 2000’’.

TITLE XXI—ARMY
Sec.
Sec.
Sec.
Sec.

2101.
2102.
2103.
2104.

Authorized Army construction and land acquisition projects.
Family housing.
Improvements to military family housing units.
Authorization of appropriations, Army.

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real property
and carry out military construction projects for the installations
and locations inside the United States, and in the amounts, set
forth in the following table:

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Army: Inside the United States
State

Installation or location

Alabama .........................
Alaska .............................

Redstone Arsenal ................................
Fort Richardson ..................................
Fort Wainwright .................................
Pine Bluff Arsenal ..............................
Fort Irwin ............................................
Presidio of Monterey ..........................
Fort Carson .........................................
Peterson Air Force Base ....................
Fort McNair ........................................
Walter Reed Medical Center .............
Fort Benning .......................................
Fort Stewart .......................................
Schofield Barracks ..............................
Fort Leavenworth ...............................
Fort Riley ............................................
Blue Grass Army Depot .....................
Fort Campbell .....................................
Fort Knox ............................................
Fort Polk .............................................
Fort Meade ..........................................
Westover Air Reserve Base ...............
Fort Leonard Wood ............................
Fort Drum ...........................................
Hawthorne Army Depot .....................
Fort Bragg ...........................................
Sunny Point Military Ocean Terminal ................................................
Fort Sill ...............................................
McAlester Army Ammunition ...........
Carlisle Barracks ................................
Letterkenny Army Depot ...................
Fort Jackson .......................................
Fort Bliss .............................................
Fort Hood ............................................
Fort Belvoir .........................................
Fort Eustis ..........................................
Fort Myer ............................................
Fort Story ............................................
Fort Lewis ...........................................
CONUS Various .................................

$9,800,000
$14,600,000
$34,800,000
$18,000,000
$32,400,000
$7,100,000
$4,400,000
$25,000,000
$1,250,000
$6,800,000
$48,400,000
$71,700,000
$95,000,000
$34,100,000
$27,000,000
$6,000,000
$56,900,000
$1,300,000
$6,700,000
$22,450,000
$4,000,000
$27,100,000
$23,000,000
$1,700,000
$125,400,000

Total .............................................

$1,029,750,000

Arkansas .........................
California ........................
Colorado ..........................
District of Columbia ......
Georgia ...........................
Hawaii ............................
Kansas ............................
Kentucky ........................
Louisiana ........................
Maryland ........................
Massachusetts ................
Missouri ..........................
New York ........................
Nevada ............................
North Carolina ...............
Oklahoma .......................
Pennsylvania ..................
South Carolina ...............
Texas ...............................
Virginia ...........................

Washington ....................
CONUS Various .............

Amount

$3,800,000
$33,200,000
$16,600,000
$5,000,000
$3,650,000
$7,400,000
$52,350,000
$84,500,000
$3,850,000
$43,800,000
$2,900,000
$8,000,000
$23,400,000
$36,400,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real property
and carry out military construction projects for the locations outside
the United States, and in the amounts, set forth in the following
table:
Army: Outside the United States
Country

Installation or location

Korea ...............................

Camp Casey .........................................
Camp Howze ........................................
Camp Stanley ......................................

$31,000,000
$3,050,000
$3,650,000

Total ..............................................

$37,700,000

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PUBLIC LAW 106–65—OCT. 5, 1999

SEC. 2102. FAMILY HOUSING.

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may construct or acquire
family housing units (including land acquisition) at the installations, for the purposes, and in the amounts set forth in the following
table:
Army: Family Housing
State

Installation or location

Purpose

Korea ...........................
Virginia .......................
Washington .................

Camp Humphreys .....
Fort Lee .....................
Fort Lewis .................

60 Units ...........
46 Units ...........
48 Units ...........

$24,000,000
$8,000,000
$9,000,000

Total ..........

$41,000,000

Amount

(b) PLANNING AND DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of family housing units
in an amount not to exceed $4,300,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of appropriations in sections 2104(a)(5)(A), the Secretary of the Army may
improve existing military family housing units in an amount not
to exceed $35,400,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 1999, for
military construction, land acquisition, and military family housing
functions of the Department of the Army in the total amount
of $2,353,231,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $930,058,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $37,700,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $9,500,000.
(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code,
$91,414,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $80,700,000.
(B) For support of military family housing (including
the functions described in section 2833 of title 10, United
States Code), $1,089,812,000.
(6) For the construction of the United States Disciplinary
Barracks, Fort Leavenworth, Kansas, authorized in section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 1998 (division B of Public Law 105–85; 111 Stat.
1967), $18,800,000.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 827

(7) For the construction of the force XXI soldier development center, Fort Hood, Texas, authorized in section 2101(a)
of the Military Construction Authorization Act for Fiscal Year
1998 (division B of Public Law 105–85; 111 Stat. 1966),
$14,000,000.
(8) For the construction of the railhead facility, Fort Hood,
Texas, authorized in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public
Law 105–261; 112 Stat. 2182), $14,800,000.
(9) For the construction of the cadet development center,
United States Military Academy, West Point, New York, authorized in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105–
261; 112 Stat. 2182), $28,500,000.
(10) For the construction of the whole barracks complex
renewal, Fort Campbell, Kentucky, authorized in section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 1999 (division B of Public Law 105–261; 112 Stat.
2182), $32,000,000.
(11) For the construction of the multi-purpose digital
training range, Fort Knox, Kentucky, authorized in section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 1999 (division B of Public Law 105–261; 112 Stat.
2182), $16,000,000.
(12) For the construction of the power plant, Roi Namur
Island, Kwajalein Atoll, Kwajalein, authorized in section
2101(b) of the Military Construction Authorization Act for
Fiscal Year 1999 (division B of Public Law 105–261; 112 Stat.
2183), $35,400,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section
2101 of this Act may not exceed—
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a);
(2) $46,000,000 (the balance of the amount authorized
under section 2101(a) for the construction of the whole barracks
complex renewal at Schofield Barracks, Hawaii);
(3) $22,000,000 (the balance of the amount authorized
under section 2101(a) for the construction of the whole barracks
complex renewal at Fort Bragg, North Carolina);
(4) $10,000,000 (the balance of the amount authorized
under section 2101(a) for the construction of tank trail erosion
mitigation at the Yakima Training Center, Fort Lewis, Washington);
(5) $10,100,000 (the balance of the amount authorized
under section 2101(a) for the construction of a tactical equipment shop at Fort Sill, Oklahoma);
(6) $2,592,000 (the balance of the amount authorized under
section 2101(a) for the construction of the chemical defense
qualification facility at Pine Bluff Arsenal, Arkansas); and
(7) $9,000,000 (the balance of the amount authorized under
section 2101(a) for the construction of the whole barracks renovation at Fort Riley, Kansas).
(c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (12) of subsection (a)

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113 STAT. 828

PUBLIC LAW 106–65—OCT. 5, 1999

is the sum of the amounts authorized to be appropriated in such
paragraphs, reduced by—
(1) $41,953,000, which represents the combination of project
savings in military construction resulting from favorable bids,
reduced overhead charges, and cancellations due to force structure changes; and
(2) $3,500,000, which represents the combination of savings
in military family housing support resulting from favorable
bids, reduced overhead costs, and cancellations due to force
structure changes.

TITLE XXII—NAVY
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

2201.
2202.
2203.
2204.
2205.
2206.

Authorized Navy construction and land acquisition projects.
Family housing.
Improvements to military family housing units.
Authorization of appropriations, Navy.
Modification of authority to carry out fiscal year 1997 project.
Authorization to accept electrical substation improvements, Guam.

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

Arizona ............................

Marine Corps Air Station, Yuma .......
Navy Detachment, Camp Navajo .......
Marine Corps Air-Ground Combat
Center, Twentynine Palms ..............
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 Air Warfare Center, China
Lake ..................................................
Naval Air Warfare Center, Corona ....
Naval Hospital, San Diego .................
Naval Hospital, Twentynine Palms ...
Naval Postgraduate School .................
Naval Air Station, Whiting Field,
Milton ................................................
Naval Station, Mayport ......................
Marine Corps Logistics Base, Albany
Camp H.M. Smith ...............................
Marine Corps Air Station, Kaneohe
Bay ....................................................
Naval Shipyard, Pearl Harbor ...........
Naval Station, Pearl Harbor ..............
Naval Submarine Base, Pearl Harbor
Naval Surface Warfare Center,
Bayview ............................................

California .........................

Florida .............................
Georgia ............................
Hawaii .............................

Idaho ................................

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Amount

$17,020,000
$7,560,000
$34,760,000
$38,460,000
$4,670,000
$3,200,000
$24,020,000
$54,420,000
$4,000,000
$7,070,000
$21,590,000
$7,640,000
$5,100,000
$5,350,000
$9,560,000
$6,260,000
$86,050,000
$5,790,000
$10,610,000
$18,600,000
$29,460,000
$10,040,000

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 829

Navy: Inside the United States—Continued
State

Installation or location

Illinois ..............................
Indiana ............................
Maine ...............................
Maryland .........................

Naval Training Center, Great Lakes
Naval Surface Warfare Center, Crone
Naval Air Station, Brunswick ............
Naval Air Warfare Center, Patuxent
River ..................................................
Naval Surface Warfare Center, Indian Head .........................................
Naval Air Station, Meridian ...............
Naval Construction Battalion Center
Gulfport ............................................
Naval Air Warfare Center Aircraft
Division, Lakehurst .........................
Marine Corps Air Station, New River
Marine Corps Base, Camp Lejeune ...
Navy Ships Parts Control Center,
Mechanicsburg .................................
Norfolk Naval Shipyard Detachment,
Philadelphia .....................................
Naval Weapons Station, Charleston ..
Marine Corps Air Station, Beaufort ..
Naval Station, Ingleside .....................
Marine Corps Combat Development
Command, Quantico ........................
Naval Air Station, Oceana ..................
Naval Shipyard, Norfolk .....................
Naval Station, Norfolk ........................
Naval Weapons Station, Yorktown ....
Tactical Training Group Atlantic,
Dam Neck .........................................
Naval Ordnance Center Pacific Division Detachment, Port Hadlock ......
Naval Undersea Warfare Center,
Keyport .............................................
Puget Sound Naval Shipyard, Bremerton ..................................................
Strategic Weapons Facility Pacific,
Bremerton .........................................

Mississippi .......................

New Jersey ......................
North Carolina ................
Pennsylvania ...................

South Carolina ................
Texas ................................
Virginia ............................

Washington .....................

Amount

Total ..............................................

$57,290,000
$7,270,000
$16,890,000
$4,560,000
$10,070,000
$7,280,000
$19,170,000
$15,710,000
$5,470,000
$21,380,000
$2,990,000
$13,320,000
$7,640,000
$18,290,000
$11,780,000
$20,820,000
$11,490,000
$17,630,000
$69,550,000
$25,040,000
$10,310,000
$3,440,000
$6,700,000
$15,610,000
$6,300,000
$817,230,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real property
and carry out military construction projects for the locations outside
the United States, and in the amounts, set forth in the following
table:
Navy: Outside the United States
Country

Installation or location

Bahrain ............................
Diego Garcia ....................

Administrative Support Unit .............
Naval Support Facility, Diego Garcia

$83,090,000
$8,150,000

Total ..............................................

$91,240,000

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113 STAT. 830

PUBLIC LAW 106–65—OCT. 5, 1999

SEC. 2202. FAMILY HOUSING.

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may construct or acquire
family housing units (including land acquisition) at the installations, for the purposes, and in the amounts set forth in the following
table:
Navy: Family Housing
State

Installation or location

Arizona ........................

Marine Corps Air Station, Yuma ...................
Naval Air Station,
Lemoore ........................
Marine Corps Air Station, Kaneohe Bay .......
Marine Corps Base, Hawaii ...............................
Naval Base, Pearl Harbor .................................
Naval Base, Pearl Harbor .................................
Marine Corps Air Station, Cherry Point ........

California .....................
Hawaii .........................

North Carolina ............

Purpose

Amount

49 Units ......

$8,500,000

116 Units ....

$20,188,000

100 Units ....

$26,615,000

30 Units ......

$8,000,000

133 Units ....

$30,168,000

96 Units ......

$19,167,000

180 Units ....

$22,036,000

Total .....

$134,674,000

(b) PLANNING AND DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of military family
housing units in an amount not to exceed $17,715,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(5)(A), the Secretary of the Navy may
improve existing military family housing units in an amount not
to exceed $181,882,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 831

(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $334,271,000.
(B) For support of military housing (including functions
described in section 2833 of title 10, United States Code),
$895,070,000.
(6) For the construction of the berthing wharf, Naval Station Norfolk, Virginia, authorized by section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105–261; 112 Stat. 2187), $12,690,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section
2201 of this Act may not exceed—
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a);
(2) $13,660,000 (the balance of the amount authorized
under section 2201(a) for the construction of a berthing wharf
at Naval Air Station, North Island, California); and
(3) $70,180,000 (the balance of the amount authorized
under section 2201(a) for the construction of the Commanderin-Chief Headquarters, Pacific Command, Camp H.M. Smith,
Hawaii).
(c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (6) of subsection (a)
is the sum of the amounts authorized to be appropriated in such
paragraphs, reduced by—
(1) $33,227,000, which represents the combination of project
savings in military construction resulting from favorable bids,
reduced overhead charges, and cancellations due to force structure changes;
(2) $1,000,000, which represents the combination of project
savings in military family housing construction resulting from
favorable bids, reduced overhead costs, and cancellations due
to force structure changes; and
(3) $3,600,000, which represents the combination of savings
in military family housing support resulting from favorable
bids, reduced overhead costs, and cancellations due to force
structure changes.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL
YEAR 1997 PROJECT.

The table in section 2202(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law
104–201; 110 Stat. 2768) is amended in the item relating to Naval
Air Station Brunswick, Maine, by striking ‘‘92 Units’’ in the purpose
column and inserting ‘‘72 Units’’.
SEC. 2206. AUTHORIZATION TO ACCEPT ELECTRICAL SUBSTATION
IMPROVEMENTS, GUAM.

The Secretary of the Navy may accept from the Guam Power
Authority various improvements to electrical transformers at the
Agana and Harmon Substations in Guam, which are valued at
approximately $610,000 and are to be performed in accordance
with plans and specifications acceptable to the Secretary.

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113 STAT. 832

PUBLIC LAW 106–65—OCT. 5, 1999

TITLE XXIII—AIR FORCE
Sec.
Sec.
Sec.
Sec.

2301.
2302.
2303.
2304.

Authorized Air Force construction and land acquisition projects.
Family housing.
Improvements to military family housing units.
Authorization of appropriations, Air Force.

SEC. 2301. AUTHORIZED AIR FORCE
ACQUISITION PROJECTS.

CONSTRUCTION

AND

LAND

(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

Alabama ..........................
Alaska ..............................

Maxwell Air Force Base ......................
Eielson Air Force Base ........................
Elmendorf Air Force Base ..................
Davis-Monthan Air Force Base ..........
Little Rock Air Force Base .................
Beale Air Force Base ...........................
Edwards Air Force Base .....................
Travis Air Force Base .........................
Peterson Air Force Base .....................
Schriever Air Force Base ....................
U.S. Air Force Academy ......................
Classified Location ..............................
Dover Air Force Base ..........................
Eglin Air Force Base ...........................
Eglin Auxiliary Field 9 .......................
MacDill Air Force Base .......................
Patrick Air Force Base ........................
Tyndall Air Force Base .......................
Fort Benning ........................................
Moody Air Force Base .........................
Robins Air Force Base .........................
Hickam Air Force Base .......................
Mountain Home Air Force Base .........
McConnell Air Force Base ..................
Fort Campbell ......................................
Andrews Air Force Base .....................
Hanscom Air Force Base .....................
Columbus Air Force Base ...................
Keesler Air Force Base .......................
Whiteman Air Force Base ...................
Malmstrom Air Force Base .................
Offutt Air Force Base ..........................
Nellis Air Force Base ..........................
McGuire Air Force Base .....................
Cannon Air Force Base .......................
Rome Research Site .............................
Kirtland Air Force Base ......................
Fort Bragg ............................................
Pope Air Force Base ............................
Grand Forks Air Force Base ...............
Wright-Patterson Air Force Base .......
Tinker Air Force Base .........................
Vance Air Force Base ..........................

Arizona ............................
Arkansas .........................
California .........................
Colorado ...........................
CONUS Classified ..........
Delaware .........................
Florida .............................

Georgia ............................
Hawaii .............................
Idaho ................................
Kansas .............................
Kentucky .........................
Maryland .........................
Massachusetts .................
Mississippi .......................
Missouri ...........................
Montana ..........................
Nebraska .........................
Nevada .............................
New Jersey ......................
New Mexico .....................
New York .........................
New Mexico .....................
North Carolina ................
North Dakota ..................
Ohio .................................
Oklahoma ........................

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Amount

$10,600,000
$24,100,000
$42,300,000
$7,800,000
$7,800,000
$8,900,000
$5,500,000
$11,200,000
$40,000,000
$16,100,000
$17,500,000
$16,870,000
$12,000,000
$18,300,000
$18,800,000
$5,500,000
$17,800,000
$10,800,000
$3,900,000
$5,950,000
$3,350,000
$3,300,000
$17,000,000
$9,600,000
$6,300,000
$9,900,000
$16,000,000
$2,600,000
$35,900,000
$24,900,000
$11,600,000
$8,300,000
$30,200,000
$11,800,000
$8,100,000
$12,800,000
$14,000,000
$4,600,000
$7,700,000
$9,500,000
$39,700,000
$34,800,000
$12,600,000

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 833

Air Force: Inside the United States—Continued
State

Installation or location

South Carolina ................
South Dakota ..................
Tennessee ........................
Texas ................................

Charleston Air Force Base ..................
Ellsworth Air Force Base ....................
Arnold Air Force Base .........................
Dyess Air Force Base ..........................
Lackland Air Force Base ....................
Laughlin Air Force Base .....................
Randolph Air Force Base ....................
Hill Air Force Base ..............................
Langley Air Force Base .......................
Fairchild Air Force Base .....................
McChord Air Force Base .....................

$18,200,000
$10,200,000
$7,800,000
$5,400,000
$13,400,000
$3,250,000
$3,600,000
$4,600,000
$6,300,000
$13,600,000
$7,900,000

Total ..............................................

$730,520,000

Utah .................................
Virginia ............................
Washington .....................

Amount

(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 ...............................
Korea ...............................
United Kingdom .............

Andersen Air Force Base ....................
Osan Air Base ......................................
Ascension Island ..................................

$8,900,000
$19,600,000
$2,150,000

Total ..............................................

$30,650,000

SEC. 2302. FAMILY HOUSING.

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section
2304(a)(5)(A), the Secretary of the Air Force may construct or
acquire family housing units (including land acquisition) at the
installations, for the purposes, and in the amounts set forth in
the following table:
Air Force: Family Housing
State or country

Installation or location

Arizona ........................

Davis-Monthan Air
Force Base ..............
Beale Air Force Base
Edwards Air Force
Base ........................
Vandenberg Air Force
Base ........................
Bolling Air Force
Base ........................
Eglin Air Force Base
MacDill Air Force
Base ........................

California ....................

District of Columbia ...
Florida .........................

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Purpose

Amount

64 Units ...........
60 Units ...........

$10,000,000
$8,500,000

188 Units .........

$32,790,000

91 Units ...........

$16,800,000

72 Units ...........
130 Units .........

$9,375,000
$14,080,000

54 Units ...........

$9,034,000

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113 STAT. 834

PUBLIC LAW 106–65—OCT. 5, 1999
Air Force: Family Housing—Continued
State or country

Installation or location

Kansas .........................

McConnell Air Force
Base ........................

Mississippi ..................
Montana ......................
Nebraska .....................
New Mexico ................
North Carolina ...........
North Dakota ..............
Oklahoma ....................
Texas ...........................
Portugal ......................

Columbus Air Force
Base ........................
Malmstrom Air Force
Base ........................
Offutt Air Force Base
Hollomon Air Force
Base ........................
Seymour Johnson Air
Force Base ..............
Grand Forks Air
Force Base ..............
Minot Air Force Base
Tinker Air Force
Base ........................
Lackland Air Force
Base ........................
Lajes Field, Azores ....

Purpose

Amount

Safety Improvements ............

$1,363,000

100 Units .........

$12,290,000

34 Units ...........
72 Units ...........

$7,570,000
$12,352,000

76 Units ...........

$9,800,000

78 Units ...........

$12,187,000

42 Units ...........
72 Units ...........

$10,050,000
$10,756,000

41 Units ...........

$6,000,000

48 Units ...........
75 Units ...........

$7,500,000
$12,964,000

Total ..........

$203,411,000

(b) PLANNING AND DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(5)(A), the Secretary of the Air Force may carry out architectural and engineering services and construction design activities
with respect to the construction or improvement of military family
housing units in an amount not to exceed $17,093,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, Uniteds States Code, and
using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(5)(A), the Secretary of the Air Force
may improve existing military family housing units in an amount
not to exceed $129,952,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 835

(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code,
$36,104,000.
(5) For military housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $350,456,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United States
Code), $821,892,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section
2301 of this Act may not exceed the total amount authorized to
be appropriated under paragraphs (1) and (2) of subsection (a).
(c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (5) of subsection (a)
is the sum of the amounts authorized to be appropriated in such
paragraphs, reduced by—
(1) $25,811,000, which represents the combination of project
savings in military construction resulting from favorable bids,
reduced overhead charges, and cancellations due to force structure changes;
(2) $1,000,000, which represents the combination of project
savings in military family housing construction resulting from
favorable bids, reduced overhead costs, and cancellations due
to force structure changes; and
(3) $3,500,000, which represents the combination of savings
in military family housing support resulting from favorable
bids, reduced overhead costs, and cancellations due to force
structure changes.

TITLE XXIV—DEFENSE AGENCIES
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

2401.
2402.
2403.
2404.
2405.
2406.

(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:

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113 STAT. 836

PUBLIC LAW 106–65—OCT. 5, 1999
Defense Agencies: Inside the United States
Agency

Installation or location

Chemical Demilitarization ...............................
Defense Education Activity .................................

Defense Logistics Agency

Defense Manpower Data
Center ..........................
National Security Agency
Special Operations Command ............................

TRICARE Management
Agency ..........................

Amount

Blue Grass Army Depot, Kentucky ....

$206,800,000

Laurel Bay, South Carolina ................
Marine Corps Base, Camp LeJeune,
North Carolina .................................
Defense Distribution New Cumberland, Pennsylvania .....................
Elmendorf Air Force Base, Alaska .....
Eielson Air Force Base, Alaska ..........
Fairchild Air Force Base, Washington
Various Locations ................................

$2,874,000
$10,570,000
$5,000,000
$23,500,000
$26,000,000
$12,400,000
$1,300,000

Presidio, Monterey, California ...........
Fort Meade, Maryland ........................

$28,000,000
$2,946,000

Fleet Combat Training Center, Dam
Neck, Virginia ..................................
Fort Benning, Georgia ........................
Fort Bragg, North Carolina ................
Mississippi Army Ammunition Plant,
Mississippi ........................................
Naval Amphibious Base, Coronado,
California ..........................................
Andrews Air Force Base, Maryland ...
Cheatham Annex, Virginia .................
Davis-Monthan Air Force Base, Arizona ...................................................
Fort Lewis, Washington ......................
Fort Riley, Kansas ...............................
Fort Sam Houston, Texas ...................
Fort Wainwright, Alaska ....................
Los Angeles Air Force Base, California .................................................
Marine Corps Air Station, Cherry
Point, North Carolina ......................
Moody Air Force Base, Georgia ..........
Naval Air Station, Jacksonville, Florida .....................................................
Naval Air Station, Norfolk, Virginia ..
Naval Air Station, Patuxent River,
Maryland ..........................................
Naval Air Station, Pensacola, Florida
Naval Air Station, Whidbey Island,
Washington .......................................
Patrick Air Force Base, Florida .........
Travis Air Force Base, California ......
Wright-Patterson Air Force Base,
Ohio ...................................................
Total ..............................................

$4,700,000
$10,200,000
$20,100,000
$9,600,000
$6,000,000
$3,000,000
$1,650,000
$10,000,000
$5,500,000
$6,000,000
$5,800,000
$133,000,000
$13,600,000
$3,500,000
$1,250,000
$3,780,000
$4,050,000
$4,150,000
$4,300,000
$4,700,000
$1,750,000
$7,500,000
$3,900,000
$587,420,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(2), the Secretary of Defense may acquire real property
and carry out military construction projects for the installations

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 837

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

Drug Interdiction and
Counter-Drug Activities ................................
Defense Education Activity .................................
Defense Logistics Agency
TRICARE Management
Agency ..........................

Amount

Manta, Ecuador ...................................

$32,000,000

Andersen Air Force Base, Guam ........
Andersen Air Force Base, Guam ........

$44,170,000
$24,300,000

Naval Security Group Activity,
Sabana Seca, Puerto Rico ................
Yongsan, Korea ....................................

$4,000,000
$41,120,000

Total ..............................................

$145,590,000

SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of appropriations in section 2405(a)(8)(A), the Secretary of Defense may
improve existing military family housing units in an amount not
to exceed $50,000.
SEC. 2403. MILITARY HOUSING IMPROVEMENT PROGRAM.

Of the amount authorized to be appropriated by section
2405(a)(8)(C), $2,000,000 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 $1,268,000.
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 $1,362,185,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $288,420,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $145,590,000.
(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,
$54,200,000.
(6) For energy conservation projects authorized by section
2404, $1,268,000.

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113 STAT. 838

PUBLIC LAW 106–65—OCT. 5, 1999
(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), $689,711,000.
(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, $2,000,000.
(9) For the construction of the Ammunition Demilitarization Facility, Anniston Army Depot, Alabama, authorized in
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 1991 (division B of Public Law 101–510; 104
Stat. 1758), section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 1992 and 1993 (division B
of Public Law 102–190; 105 Stat. 1508), section 2101(a) of
the Military Construction Authorization Act for Fiscal Year
1993 (division B of Public Law 102–484; 106 Stat. 2586), and
section 2401 of the Military Construction Authorization Act
for Fiscal Year 1995 (division B of Public Law 103–337, 108
Stat. 3040), $7,000,000.
(10) For the construction of the Ammunition Demilitarization Facility, Pine Bluff Arsenal, Arkansas, authorized in section 2401 of 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 National Defense
Authorization Act for Fiscal Year 1996 (division B of Public
Law 104–106; 110 Stat. 539), section 2408 of the Military
Construction Authorization Act for Fiscal Year 1998 (division
B of Public Law 105–85; 111 Stat. 1982), and section 2406
of the Military Construction Authorization Act for Fiscal Year
1999 (division B of Public Law 105–261; 112 Stat. 2197),
$61,800,000.
(11) For the construction of the Ammunition Demilitarization Facility, Umatilla Army Depot, Oregon, authorized in section 2401 of the Military Construction Authorization Act for
Fiscal Year 1995 (division B of Public Law 103–337; 108 Stat.
3040), as amended by section 2407 of the Military Construction
Authorization Act for Fiscal Year 1996 (division B of Public
Law 104–106; 110 Stat. 539), section 2408 of the Military
Construction Authorization Act for Fiscal Year 1998 (division
B of Public Law 105–85; 111 Stat. 1982), and section 2406
of the Military Construction Authorization Act for Fiscal Year
1999 (division B of Public Law 105–261; 112 Stat. 2197),
$35,900,000.
(12) For the construction of the Ammunition Demilitarization Facility, Aberdeen Proving Ground, Maryland, authorized
in section 2401(a) of the Military Construction Authorization
Act for Fiscal Year 1999 (division B of Public Law 105–261;
112 Stat. 2193), $66,600,000.

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113 STAT. 839

(13) For the construction of the Ammunition Demilitarization Facility at Newport Army Depot, Indiana, authorized in
section 2401(a) of the Military Construction Authorization Act
for Fiscal Year 1999 (division B of Public Law 105–261; 112
Stat. 2193), $61,200,000.
(14) For the construction of the Ammunition Demilitarization Facility, Pueblo Army Depot, Colorado, authorized in section 2401(a) of the Military Construction Authorization Act
for Fiscal Year 1997 (division B of Public Law 104–201; 110
Stat. 2775), as amended by section 2406 of this Act,
$11,800,000.
(b) LIMITATION OF TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variation authorized by section 2853 of
title 10, United States Code, and any other cost variations authorized by law, the total cost of all projects carried out under section
2401 of this Act may not exceed—
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a);
(2) $115,000,000 (the balance of the amount authorized
under section 2401(a) for the construction of a replacement
hospital at Fort Wainwright, Alaska); and
(3) $184,000,000 (the balance of the amount authorized
under section 2401(a) for the construction of a chemical demilitarization facility at Blue Grass Army Depot, Kentucky).
(c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (14) of subsection (a)
is the sum of the amounts authorized to be appropriated in such
paragraphs, reduced by $124,350,000, which represents the combination of project savings in military construction resulting from
favorable bids, reduced overhead charges, and cancellations due
to force structure changes, and of such total reduction, $93,000,000
represents savings from military construction for chemical demilitarization.
SEC. 2406. INCREASE IN FISCAL YEAR 1997 AUTHORIZATION FOR MILITARY CONSTRUCTION PROJECTS AT PUEBLO CHEMICAL
ACTIVITY, COLORADO.

The table in section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public Law
104–201; 110 Stat. 2775) is amended—
(1) in the item relating to Pueblo Chemical Activity, Colorado, under the agency heading relating to Chemical Demilitarization Program, by striking ‘‘$179,000,000’’ in the amount
column and inserting ‘‘$203,500,000’’; and
(2) by striking the amount identified as the total in the
amount column and inserting ‘‘$549,954,000’’.
(b) CONFORMING AMENDMENT.—Section 2406(b)(2) of that Act
(110 Stat. 2779) is amended by striking ‘‘$179,000,000’’ and
inserting ‘‘$203,500,000’’.
SEC. 2407. CONDITION ON OBLIGATION OF MILITARY CONSTRUCTION
FUNDS FOR DRUG INTERDICTION AND COUNTER-DRUG
ACTIVITIES.

In addition to the conditions specified in section 1024 on the
development of forward operating locations for United States
Southern Command counter-drug detection and monitoring flights,
amounts appropriated pursuant to the authorization of appropriations in section 2405(a)(2) for the projects set forth in the table

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113 STAT. 840

PUBLIC LAW 106–65—OCT. 5, 1999

in section 2401(b) under the heading ‘‘Drug Interdiction and
Counter-Drug Activities’’ may not be obligated until after the end
of the 30-day period beginning on the date on which the Secretary
of Defense submits to Congress a report describing in detail the
purposes for which the amounts will be obligated and expended.

TITLE XXV—NORTH ATLANTIC TREATY
ORGANIZATION SECURITY INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. 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 $81,000,000.

TITLE XXVI—GUARD AND RESERVE
FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
Sec. 2602. Modification of authority to carry out fiscal year 1998 project.
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND
LAND ACQUISITION PROJECTS.

(a) AUTHORIZATION OF APPROPRIATIONS.—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,
$205,448,000; and
(B) for the Army Reserve, $107,149,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $25,389,000.

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113 STAT. 841

(3) For the Department of the Air Force—
(A) for the Air National Guard of the United States,
$253,918,000; and
(B) for the Air Force Reserve, $52,784,000.
(b) ADJUSTMENT.—(1) The amounts authorized to be appropriated pursuant to subsection (a) are reduced as follows:
(A) In paragraph (1)(A), by $4,223,000.
(B) In paragraph (1)(B), by $2,891,000.
(C) In paragraph (2), by $674,000.
(D) In paragraph (3)(A), by $5,652,000.
(E) In paragraph (3)(B), by $2,080,000.
(2) The reductions specified in paragraph (1) represent the
combination of project savings in military construction resulting
from favorable bids, reduced overhead costs, and cancellations due
to force structure changes.
SEC. 2602. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL
YEAR 1998 PROJECT.

Section 2603 of the Military Construction Authorization Act
for Fiscal Year 1998 (division B of Public Law 105–85), as amended
by section 2602 of the Military Construction Authorization Act
for Fiscal Year 1999 (division B of Public Law 105–261; 112 Stat.
2198), is amended—
(1) by striking ‘‘agreement with the State of Utah under
which the State’’ and inserting ‘‘agreement with the State of
Utah, the University of Utah, or both, under which the State
or the University’’; and
(2) by adding at the end the following new sentence: ‘‘The
Secretary may accept funds paid under such an agreement
and use the funds, in such amounts as provided in advance
in appropriations Acts, to carry out the project.’’.

TITLE XXVII—EXPIRATION AND
EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2702. Extension of authorizations of certain fiscal year 1997 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1996 projects.
Sec. 2704. Effective date.
SEC. 2701. EXPIRATION
OF
AUTHORIZATIONS
REQUIRED TO BE SPECIFIED BY LAW.

AND

AMOUNTS

(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS.—
Except as provided in subsection (b), all authorizations contained
in titles XXI through XXVI for military construction projects, land
acquisition, family housing projects and facilities, and contributions
to the North Atlantic Treaty Organization Security Investment
program (and authorizations of appropriations therefor) shall expire
on the later of—
(1) October 1, 2002; or
(2) the date of 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

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113 STAT. 842

PUBLIC LAW 106–65—OCT. 5, 1999

Treaty Organization Security Investment program (and authorizations of appropriations therefor), for which appropriated funds have
been obligated before the later of—
(1) October 1, 2002; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2003 for military construction projects, land
acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL
YEAR 1997 PROJECTS.

(a) EXTENSIONS.—Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1997 (division B
of Public Law 104–201; 110 Stat. 2782), authorizations for the
projects set forth in the tables in subsection (b), as provided in
sections 2201, 2202, 2401, and 2601 of that Act and amended
by section 2406 of this 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 1997 Project Authorizations
State

Installation or location

Florida .........................

Naval Station
Mayport ..................

Maine ..........................

North Carolina ...........

South Carolina ...........

Texas ...........................

Naval Station Brunswick ........................

Marine Corps Base
Camp Lejuene ........

Marine Corps Air
Station Beaufort ....

Naval Complex Corpus Christi .............

Naval Air Station
Kingsville ...............

Virginia .......................

Washington .................

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Marine Corps Combat
Development Command, Quantico .....
Naval Station Everett

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Project

Amount

Family Housing
Construction
(100 units) ....

$10,000,000

Family Housing
Construction
(72 units) ......

$10,925,000

Family Housing
Construction
(94 units) ......

$10,110,000

Family Housing
Construction
(140 units) ....

$14,000,000

Family Housing
Construction
(104 units) ....

$11,675,000

Family Housing
Construction
(48 units) ......

$7,550,000

Sanitary Landfill .................
Family Housing
Construction
(100 units) ....

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$8,900,000

$15,015,000

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113 STAT. 843

Defense Agencies: Extension of 1997 Project Authorization
State

Installation or location

Colorado ......................

Pueblo Chemical Activity .......................

Project

Ammunition
Demilitarization Facility

Amount

$203,500,000

Army National Guard: Extension of 1997 Project Authorization
State

Installation or location

Project

Mississippi ..................

Camp Shelby .............

Multipurpose
Range Complex (Phase
II) ..................

Amount

$5,000,000

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
sections 2202 and 2601 of that Act and extended by section 2702
of the Military Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105–261; 112 Stat. 2199), shall remain
in effect until October 1, 2000, or the date of 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 Authorization
State

Installation or location

Project

California ....................

Camp Pendleton ........

Family Housing
Construction
(138 units) ....

Amount

$20,000,000

Army National Guard: Extension of 1996 Project Authorizations
State

Installation or location

Project

Mississippi ..................

Camp Shelby .............

Multipurpose
Range Complex (Phase I)

$5,000,000

Missouri ......................

National Guard
Training Site, Jefferson City ..............

Multipurpose
Range ...........

$2,236,000

Amount

SEC. 2704. EFFECTIVE DATE.

Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take
effect on the later of—
(1) October 1, 1999; or
(2) the date of the enactment of this Act.

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PUBLIC LAW 106–65—OCT. 5, 1999

TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military Family Housing
Changes
Sec. 2801. Exemption from notice and wait requirements of military construction
projects supported by burdensharing funds undertaken for war or national emergency.
Sec. 2802. Development of Ford Island, Hawaii.
Sec. 2803. Expansion of entities eligible to participate in alternative authority for
acquisition and improvement of military housing.
Sec. 2804. Restriction on authority to acquire or construct ancillary supporting facilities for housing units.
Sec. 2805. Planning and design for military construction projects for reserve components.
Sec. 2806. Modification of limitations on reserve component facility projects for certain safety projects.
Sec. 2807. Sense of Congress on use of incremental funding to carry out military
construction projects.
Subtitle B—Real Property and Facilities Administration
Sec. 2811. Extension of authority for lease of real property for special operations
activities.
Sec. 2812. Enhancement of authority relating to utility privatization.
Sec. 2813. Acceptance of funds to cover administrative expenses relating to certain
real property transactions.
Sec. 2814. Operations of Naval Academy dairy farm.
Sec. 2815. Study and report on impacts to military readiness of proposed land management changes on public lands in Utah.
Sec. 2816. Designation of missile intelligence building at Redstone Arsenal, Alabama, as the Richard C. Shelby Center for Missile Intelligence.
Subtitle C—Defense Base Closure and Realignment
Sec. 2821. Economic development conveyances of base closure property.
Sec. 2822. Continuation of authority to use Department of Defense Base Closure
Account 1990 for activities required to close or realign military installations.
Subtitle D—Land Conveyances
PART I—ARMY CONVEYANCES
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

2831.
2832.
2833.
2834.
2835.
2836.

Sec. 2837.
Sec. 2838.
Sec. 2839.
Sec. 2840.
Sec. 2841.
Sec. 2842.

Transfer of jurisdiction, Fort Sam Houston, Texas.
Land exchange, Rock Island Arsenal, Illinois.
Land conveyance, Army Reserve Center, Bangor, Maine.
Land conveyance, Army Reserve Center, Kankakee, Illinois.
Land conveyance, Army Reserve Center, Cannon Falls, Minnesota.
Land conveyance, Army Maintenance Support Activity (Marine) Number
84, Marcus Hook, Pennsylvania.
Land conveyances, Army docks and related property, Alaska.
Land conveyance, Fort Huachuca, Arizona.
Land conveyance, Nike Battery 80 family housing site, East Hanover
Township, New Jersey.
Land conveyances, Twin Cities Army Ammunition Plant, Minnesota.
Repair and conveyance of Red Butte Dam and Reservoir, Salt Lake City,
Utah.
Modification of land conveyance, Joliet Army Ammunition Plant, Illinois.
PART II—NAVY CONVEYANCES

Sec. 2851. Land conveyance, Naval Weapons Industrial Reserve Plant No. 387,
Dallas, Texas.
Sec. 2852. Land conveyance, Marine Corps Air Station, Cherry Point, North Carolina.
Sec. 2853. Land conveyance, Newport, Rhode Island.
Sec. 2854. Land conveyance, Naval Training Center, Orlando, Florida.
Sec. 2855. One-year delay in demolition of radio transmitting facility towers at
Naval Station, Annapolis, Maryland, to facilitate conveyance of towers.
Sec. 2856. Clarification of land exchange, Naval Reserve Readiness Center, Portland, Maine.

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113 STAT. 845

Sec. 2857. Revision to lease authority, Naval Air Station, Meridian, Mississippi.
Sec. 2858. Land conveyances, Norfolk, Virginia.
PART III—AIR FORCE CONVEYANCES
Sec. 2861. Land conveyance, Newington Defense Fuel Supply Point, New Hampshire.
Sec. 2862. Land conveyance, Tyndall Air Force Base, Florida.
Sec. 2863. Land conveyance, Port of Anchorage, Alaska.
Sec. 2864. Land conveyance, Forestport Test Annex, New York.
Sec. 2865. Land conveyance, McClellan Nuclear Radiation Center, California.
Subtitle E—Other Matters
Sec. 2871. Acceptance of guarantees in connection with gifts to military service
academies.
Sec. 2872. Acquisition of State-held inholdings, east range of Fort Huachuca, Arizona.
Sec. 2873. Enhancement of Pentagon renovation activities.
Subtitle F—Expansion of Arlington National Cemetery
Sec. 2881. Transfer from Navy Annex, Arlington, Virginia.
Sec. 2882. Transfer from Fort Myer, Arlington, Virginia.

Subtitle A—Military Construction Program
and Military Family Housing Changes
SEC. 2801. EXEMPTION FROM NOTICE AND WAIT REQUIREMENTS OF
MILITARY CONSTRUCTION PROJECTS SUPPORTED BY
BURDENSHARING FUNDS UNDERTAKEN FOR WAR OR
NATIONAL EMERGENCY.

(a) EXEMPTION.—Subsection (e) of section 2350j of title 10,
United States Code, is amended by adding at the end the following
new paragraph:
‘‘(3)(A) A military construction project under subsection (d)
may be carried out without regard to the requirement in paragraph
(1) and the limitation in paragraph (2) if the project is necessary
to support the armed forces in the country or region in which
the project is carried out by reason of a declaration of war, or
a declaration by the President of a national emergency pursuant
to the National Emergencies Act (50 U.S.C. 1601 et seq.), that
is in force at the time of the commencement of the project.
‘‘(B) When a decision is made to carry out a military construction project under subparagraph (A), the Secretary of Defense shall
submit to the congressional committees specified in subsection (g)—
‘‘(i) a notice of the decision; and
‘‘(ii) a statement of the current estimated cost of the project,
including the cost of any real property transaction in connection
with the project.’’.
(b) CONFORMING AMENDMENT.—Subsection (g) of such section
is amended by striking ‘‘subsection (e)(1)’’ and inserting ‘‘subsection
(e)’’.
SEC. 2802. DEVELOPMENT OF FORD ISLAND, HAWAII.

(a) CONDITIONAL AUTHORITY TO DEVELOP.—(1) Subchapter I
of chapter 169 of title 10, United States Code, is amended by
adding at the end the following new section:

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‘‘§ 2814. Special authority for development of Ford Island,
Hawaii
‘‘(a) IN GENERAL.—(1) Subject to paragraph (2), the Secretary
of the Navy may exercise any authority or combination of authorities in this section for the purpose of developing or facilitating
the development of Ford Island, Hawaii, to the extent that the
Secretary determines the development is compatible with the mission of the Navy.
‘‘(2) The Secretary of the Navy may not exercise any authority
under this section until—
‘‘(A) the Secretary submits to the appropriate committees
of Congress a master plan for the development of Ford Island,
Hawaii; and
‘‘(B) a period of 30 calendar days has elapsed following
the date on which the notification is received by those committees.
‘‘(b) CONVEYANCE AUTHORITY.—(1) The Secretary of the Navy
may convey to any public or private person or entity all right,
title, and interest of the United States in and to any real property
(including any improvements thereon) or personal property under
the jurisdiction of the Secretary in the State of Hawaii that the
Secretary determines—
‘‘(A) is excess to the needs of the Navy and all of the
other armed forces; and
‘‘(B) will promote the purpose of this section.
‘‘(2) A conveyance under this subsection may include such terms
and conditions as the Secretary considers appropriate to protect
the interests of the United States.
‘‘(c) LEASE AUTHORITY.—(1) The Secretary of the Navy may
lease to any public or private person or entity any real property
or personal property under the jurisdiction of the Secretary in
the State of Hawaii that the Secretary determines—
‘‘(A) is not needed for current operations of the Navy and
all of the other armed forces; and
‘‘(B) will promote the purpose of this section.
‘‘(2) A lease under this subsection shall be subject to section
2667(b)(1) of this title and may include such other terms as the
Secretary considers appropriate to protect the interests of the
United States.
‘‘(3) A lease of real property under this subsection may provide
that, upon termination of the lease term, the lessee shall have
the right of first refusal to acquire the real property covered by
the lease if the property is then conveyed under subsection (b).
‘‘(4)(A) The Secretary may provide property support services
to or for real property leased under this subsection.
‘‘(B) To the extent provided in appropriations Acts, any payment
made to the Secretary for services provided under this paragraph
shall be credited to the appropriation, account, or fund from which
the cost of providing the services was paid.
‘‘(d) ACQUISITION OF LEASEHOLD INTEREST BY SECRETARY.—
(1) The Secretary of the Navy may acquire a leasehold interest
in any facility constructed under subsection (f) as consideration
for a transaction authorized by this section upon such terms as
the Secretary considers appropriate to promote the purpose of this
section.

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‘‘(2) The term of a lease under paragraph (1) may not exceed
10 years, unless the Secretary of Defense approves a term in excess
of 10 years for purposes of this section.
‘‘(3) A lease under this subsection may provide that, upon
termination of the lease term, the United States shall have the
right of first refusal to acquire the facility covered by the lease.
‘‘(e) REQUIREMENT FOR COMPETITION.—The Secretary of the
Navy shall use competitive procedures for purposes of selecting
the recipient of real or personal property under subsection (b)
and the lessee of real or personal property under subsection (c).
‘‘(f) CONSIDERATION.—(1) As consideration for the conveyance
of real or personal property under subsection (b), or for the lease
of real or personal property under subsection (c), the Secretary
of the Navy shall accept cash, real property, personal property,
or services, or any combination thereof, in an aggregate amount
equal to not less than the fair market value of the real or personal
property conveyed or leased.
‘‘(2) Subject to subsection (i), the services accepted by the Secretary under paragraph (1) may include the following:
‘‘(A) The construction or improvement of facilities at Ford
Island.
‘‘(B) The restoration or rehabilitation of real property at
Ford Island.
‘‘(C) The provision of property support services for property
or facilities at Ford Island.
‘‘(g) NOTICE AND WAIT REQUIREMENTS.—The Secretary of the
Navy may not carry out a transaction authorized by this section
until—
‘‘(1) the Secretary submits to the appropriate committees
of Congress a notification of the transaction, including—
‘‘(A) a detailed description of the transaction; and
‘‘(B) a justification for the transaction specifying the
manner in which the transaction will meet the purposes
of this section; and
‘‘(2) a period of 30 calendar days has elapsed following
the date on which the notification is received by those committees.
‘‘(h) FORD ISLAND IMPROVEMENT ACCOUNT.—(1) There is established on the books of the Treasury an account to be known as
the ‘Ford Island Improvement Account’.
‘‘(2) There shall be deposited into the account the following
amounts:
‘‘(A) Amounts authorized and appropriated to the account.
‘‘(B) Except as provided in subsection (c)(4)(B), the amount
of any cash payment received by the Secretary for a transaction
under this section.
‘‘(i) USE OF ACCOUNT.—(1) Subject to paragraph (2), to the
extent provided in advance in appropriations Acts, funds in the
Ford Island Improvement Account may be used as follows:
‘‘(A) To carry out or facilitate the carrying out of a transaction authorized by this section.
‘‘(B) To carry out improvements of property or facilities
at Ford Island.
‘‘(C) To obtain property support services for property or
facilities at Ford Island.
‘‘(2) To extent that the authorities provided under subchapter
IV of this chapter are available to the Secretary of the Navy,

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the Secretary may not use the authorities in this section to acquire,
construct, or improve family housing units, military unaccompanied
housing units, or ancillary supporting facilities related to military
housing.
‘‘(3)(A) The Secretary may transfer funds from the Ford Island
Improvement Account to the following funds:
‘‘(i) The Department of Defense Family Housing Improvement Fund established by section 2883(a)(1) of this title.
‘‘(ii) The Department of Defense Military Unaccompanied
Housing Improvement Fund established by section 2883(a)(2)
of this title.
‘‘(B) Amounts transferred under subparagraph (A) to a fund
referred to in that subparagraph shall be available in accordance
with the provisions of section 2883 of this title for activities authorized under subchapter IV of this chapter at Ford Island.
‘‘(j) INAPPLICABILITY OF CERTAIN PROPERTY MANAGEMENT
LAWS.—Except as otherwise provided in this section, transactions
under this section shall not be subject to the following:
‘‘(1) Sections 2667 and 2696 of this title.
‘‘(2) Section 501 of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11411).
‘‘(3) Sections 202 and 203 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 483, 484).
‘‘(k) SCORING.—Nothing in this section shall be construed to
waive the applicability to any lease entered into under this section
of the budget scorekeeping guidelines used to measure compliance
with the Balanced Budget Emergency Deficit Control Act of 1985.
‘‘(l) PROPERTY SUPPORT SERVICE DEFINED.—In this section, the
term ‘property support service’ means the following:
‘‘(1) Any utility service or other service listed in section
2686(a) of this title.
‘‘(2) Any other service determined by the Secretary to be
a service that supports the operation and maintenance of real
property, personal property, or facilities.’’.
(2) The table of sections at the beginning of such subchapter
is amended by adding at the end the following new item:
‘‘2814. Special authority for development of Ford Island, Hawaii.’’.

(b) CONFORMING AMENDMENTS.—Section 2883(c) of title 10,
United States Code, is amended—
(1) in paragraph (1), by adding at the end the following
new subparagraph:
‘‘(E) Any amounts that the Secretary of the Navy transfers
to that Fund pursuant to section 2814(i)(3) of this title, subject
to the restrictions on the use of the transferred amounts specified in that section.’’; and
(2) in paragraph (2), by adding at the end the following
new subparagraph:
‘‘(E) Any amounts that the Secretary of the Navy transfers
to that Fund pursuant to section 2814(i)(3) of this title, subject
to the restrictions on the use of the transferred amounts specified in that section.’’.
SEC. 2803. EXPANSION OF ENTITIES ELIGIBLE TO PARTICIPATE IN
ALTERNATIVE AUTHORITY FOR ACQUISITION AND
IMPROVEMENT OF MILITARY HOUSING.

(a) DEFINITION OF ELIGIBLE ENTITY.—Section 2871 of title 10,
United States Code, is amended—

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(1) by redesignating paragraphs (5) through (7) as paragraphs (6) through (8) respectively; and
(2) by inserting after paragraph (4) the following new paragraph:
‘‘(5) The term ‘eligible entity’ means any private person,
corporation, firm, partnership, company, State or local government, or housing authority of a State or local government.’’.
(b) GENERAL AUTHORITY.—Section 2872 of such title is amended
by striking ‘‘private persons’’ and inserting ‘‘eligible entities’’.
(c) DIRECT LOANS AND LOAN GUARANTEES.—Section 2873 of
such title is amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘persons in the private sector’’ and
inserting ‘‘an eligible entity’’; and
(B) by striking ‘‘such persons’’ and inserting ‘‘the
eligible entity’’; and
(2) in subsection (b)(1)—
(A) by striking ‘‘any person in the private sector’’ and
inserting ‘‘an eligible entity’’; and
(B) by striking ‘‘the person’’ and inserting ‘‘the eligible
entity’’.
(d) INVESTMENTS.—Section 2875 of such title is amended—
(1) in subsection (a), by striking ‘‘nongovernmental entities’’
and inserting ‘‘an eligible entity’’;
(2) in subsection (c)—
(A) by striking ‘‘a nongovernmental entity’’ both places
it appears and inserting ‘‘an eligible entity’’; and
(B) by striking ‘‘the entity’’ each place it appears and
inserting ‘‘the eligible entity’’;
(3) in subsection (d), by striking ‘‘nongovernmental’’ and
inserting ‘‘eligible’’; and
(4) in subsection (e), by striking ‘‘a nongovernmental entity’’
and inserting ‘‘an eligible entity’’.
(e) RENTAL GUARANTEES.—Section 2876 of such title is amended
by striking ‘‘private persons’’ and inserting ‘‘eligible entities’’.
(f) DIFFERENTIAL LEASE PAYMENTS.—Section 2877 of such title
is amended by striking ‘‘private’’.
(g) CONVEYANCE OR LEASE OF EXISTING PROPERTY AND FACILITIES.—Section 2878(a) of such title is amended by striking ‘‘private
persons’’ and inserting ‘‘eligible entities’’.
(h) CLERICAL AMENDMENTS.—(1) The heading of section 2875
of such title is amended to read as follows:
‘‘§ 2875. Investments’’.
(2) The table of sections at the beginning of subchapter IV
of chapter 169 of such title is amended by striking the item relating
to such section and inserting the following new item:
‘‘2875. Investments.’’.
SEC. 2804. RESTRICTION ON AUTHORITY TO ACQUIRE OR CONSTRUCT
ANCILLARY SUPPORTING FACILITIES FOR HOUSING
UNITS.

Section 2881 of title 10, United States Code, is amended—
(1) by inserting ‘‘(a) AUTHORITY TO ACQUIRE OR CONSTRUCT.—’’ before ‘‘Any project’’; and
(2) by adding at the end the following new subsection:

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‘‘(b) RESTRICTION.—A project referred to in subsection (a) may
not include the acquisition or construction of an ancillary supporting
facility if, as determined by the Secretary concerned, the facility
is to be used for providing merchandise or services in direct competition with—
‘‘(1) the Army and Air Force Exchange Service;
‘‘(2) the Navy Exchange Service Command;
‘‘(3) a Marine Corps exchange;
‘‘(4) the Defense Commissary Agency; or
‘‘(5) any nonappropriated fund activity of the Department
of Defense for the morale, welfare, and recreation of members
of the armed forces.’’.
SEC. 2805. PLANNING AND DESIGN FOR MILITARY CONSTRUCTION
PROJECTS FOR RESERVE COMPONENTS.

Section 18233(f)(1) of title 10, United States Code, is amended
by inserting ‘‘design,’’ after ‘‘planning,’’.
SEC. 2806. MODIFICATION OF LIMITATIONS ON RESERVE COMPONENT
FACILITY PROJECTS FOR CERTAIN SAFETY PROJECTS.

(a) EXEMPTION FROM NOTICE AND WAIT REQUIREMENT.—Subsection (a)(2) of section 18233a of title 10, United States Code,
is amended by adding at the end the following new subparagraph:
‘‘(C) An unspecified minor military construction project (as
defined in section 2805(a) of this title) that is intended solely
to correct a deficiency that is life-threatening, health-threatening, or safety-threatening.’’.
(b) AVAILABILITY OF OPERATION AND MAINTENANCE FUNDS.—
Subsection (b) of such section is amended to read as follows:
‘‘(b) Under such regulations as the Secretary of Defense may
prescribe, the Secretary may spend, from appropriations available
for operation and maintenance, amounts necessary to carry out
any project authorized under section 18233(a) of this title costing
not more than—
‘‘(1) the amount specified in section 2805(c)(1) of this title,
in the case of a project intended solely to correct a deficiency
that is life-threatening, health-threatening, or safety-threatening; or
‘‘(2) the amount specified in section 2805(c)(2) of this title,
in the case of any other project.’’.
SEC. 2807. SENSE OF CONGRESS ON USE OF INCREMENTAL FUNDING
TO CARRY OUT MILITARY CONSTRUCTION PROJECTS.

It is the sense of Congress that—
(1) in preparing the budget for each fiscal year for military
construction for submission to Congress under section 1105
of title 31, United States Code, the President should request
an amount of funds for each proposed military construction
project that is sufficient to produce a complete and usable
facility or a complete and usable improvement to an existing
facility;
(2) in limited instances, large military construction projects
may be funded in phases consistent with established practices
for such projects; and
(3) the President should not request, and Congress should
not agree to adopt, a general practice of authorizing or appropriating funds for military construction projects based on historical outlay rates for military construction.

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113 STAT. 851

Subtitle B—Real Property and Facilities
Administration
SEC. 2811. EXTENSION OF AUTHORITY FOR LEASE OF REAL PROPERTY FOR SPECIAL OPERATIONS ACTIVITIES.

Section 2680(d) of title 10, United States Code, is amended
by striking ‘‘September 30, 2000’’ and inserting ‘‘September 30,
2005’’.
SEC. 2812. ENHANCEMENT OF AUTHORITY RELATING TO UTILITY
PRIVATIZATION.

(a) EXTENDED CONTRACTS FOR UTILITY SERVICES.—Subsection
(c) of section 2688 of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(3) A contract for the receipt of utility services as consideration
under paragraph (1), or any other contract for utility services
entered into by the Secretary concerned in connection with the
conveyance of a utility system under this section, may be for a
period not to exceed 50 years.’’.
(b) DEFINITION OF UTILITY SYSTEM.—Subsection (g)(2)(B) of
such section is amended by striking ‘‘Easements’’ and inserting
‘‘Real property, easements,’’.
(c) FUNDS TO FACILITATE PRIVATIZATION.—Such section is further amended—
(1) by redesignating subsections (g) and (h) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (f) the following new subsection:
‘‘(g) ASSISTANCE FOR CONSTRUCTION, REPAIR, OR REPLACEMENT
OF UTILITY SYSTEMS.—In lieu of carrying out a military construction
project to construct, repair, or replace a utility system, the Secretary
concerned may use funds authorized and appropriated for the
project to facilitate the conveyance of the utility system under
this section by making a contribution toward the cost of construction, repair, or replacement of the utility system by the entity
to which the utility system is being conveyed. The Secretary concerned shall consider any such contribution in the economic analysis
required under subsection (e).’’.
SEC. 2813. ACCEPTANCE OF FUNDS TO COVER ADMINISTRATIVE
EXPENSES RELATING TO CERTAIN REAL PROPERTY
TRANSACTIONS.

Section 2695(b) of title 10, United States Code, is amended—
(1) by inserting ‘‘involving real property under the control
of the Secretary of a military department’’ after ‘‘transactions’’;
and
(2) by adding at the end the following new paragraph:
‘‘(4) The disposal of real property of the United States
for which the Secretary will be the disposal agent.’’.
SEC. 2814. OPERATIONS OF NAVAL ACADEMY DAIRY FARM.

Section 6976 of title 10, United States Code, is amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new subsection (c):

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‘‘(c) LEASE PROCEEDS.—All money received from a lease entered
into under subsection (b) shall be retained by the Superintendent
of the Naval Academy and shall be available to cover expenses
related to the property described in subsection (a), including
reimbursing nonappropriated fund instrumentalities of the Naval
Academy.’’.
SEC. 2815. STUDY AND REPORT ON IMPACTS TO MILITARY READINESS
OF PROPOSED LAND MANAGEMENT CHANGES ON PUBLIC
LANDS IN UTAH.

(a) UTAH NATIONAL DEFENSE LANDS DEFINED.—In this section,
the term ‘‘Utah national defense lands’’ means public lands under
the jurisdiction of the Bureau of Land Management in the State
of Utah that are adjacent to or near the Utah Test and Training
Range and Dugway Proving Ground or beneath the Military Operating Areas, Restricted Areas, and airspace that make up the Utah
Test and Training Range.
(b) READINESS IMPACT STUDY.—The Secretary of Defense shall
conduct a study to evaluate the impact upon military training,
testing, and operational readiness of any proposed changes in land
designation or management of the Utah national defense lands.
In conducting the study, the Secretary of Defense shall consider
the following:
(1) The present military requirements for and missions
conducted at Utah Test and Training Range, as well as projected requirements for the support of aircraft, unmanned aerial
vehicles, missiles, munitions, and other military requirements.
(2) The future requirements for force structure and doctrine
changes, such as the Expeditionary Aerospace Force concept,
that could require the use of the Utah Test and Training
Range.
(3) All other pertinent issues, such as overflight requirements, access to electronic tracking and communications sites,
ground access to respond to emergency or accident locations,
munitions safety buffers, noise requirements, ground safety
and encroachment issues.
(c) COOPERATION AND COORDINATION.—The Secretary of
Defense shall conduct the study in cooperation with the Secretary
of the Air Force and the Secretary of the Army.
(d) EFFECT OF STUDY.—Until the Secretary of Defense submits
to Congress a report containing the results of the study, the Secretary of the Interior may not proceed with the amendment of
any individual resource management plan for Utah national defense
lands, or any statewide environmental impact statement or statewide resource management plan amendment package for such
lands, if the statewide environmental impact statement or statewide
resource management plan amendment addresses wilderness
characteristics or wilderness management issues affecting such
lands.
SEC. 2816. DESIGNATION OF MISSILE INTELLIGENCE BUILDING AT
REDSTONE ARSENAL, ALABAMA, AS THE RICHARD C.
SHELBY CENTER FOR MISSILE INTELLIGENCE.

(a) DESIGNATION.—The newly-constructed missile intelligence
building located at Redstone Arsenal in Huntsville, Alabama, and
housing a field agency of the Defense Intelligence Agency shall
be known and designated as the ‘‘Richard C. Shelby Center for
Missile Intelligence’’.

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(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the missile
intelligence building referred to in subsection (a) shall be deemed
to be a reference to the ‘‘Richard C. Shelby Center for Missile
Intelligence’’.

Subtitle C—Defense Base Closure and
Realignment
SEC. 2821. ECONOMIC DEVELOPMENT CONVEYANCES OF BASE CLOSURE PROPERTY.

(a) 1990 LAW.—Section 2905(b)(4) of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public Law
101–510; 10 U.S.C. 2687 note) is amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘or realigned’’ after ‘‘closed’’; and
(B) by inserting ‘‘for purposes of job generation on
the installation’’ before the period at the end;
(2) by redesignating subparagraphs (C), (D), (E), and (F)
as subparagraphs (E), (F), (G), and (J), respectively;
(3) by striking subparagraph (B) and inserting the following
new subparagraphs:
‘‘(B) The transfer of property of a military installation under
subparagraph (A) shall be without consideration if the redevelopment authority with respect to the installation—
‘‘(i) agrees that the proceeds from any sale or lease of
the property (or any portion thereof) received by the redevelopment authority during at least the first seven years after the
date of the transfer under subparagraph (A) shall be used
to support the economic redevelopment of, or related to, the
installation; and
‘‘(ii) executes the agreement for transfer of the property
and accepts control of the property within a reasonable time
after the date of the property disposal record of decision or
finding of no significant impact under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
‘‘(C) For purposes of subparagraph (B), the use of proceeds
from a sale or lease described in such subparagraph to pay for,
or offset the costs of, public investment on or related to the installation for any of the following purposes shall be considered a use
to support the economic redevelopment of, or related to, the installation:
‘‘(i) Road construction.
‘‘(ii) Transportation management facilities.
‘‘(iii) Storm and sanitary sewer construction.
‘‘(iv) Police and fire protection facilities and other public
facilities.
‘‘(v) Utility construction.
‘‘(vi) Building rehabilitation.
‘‘(vii) Historic property preservation.
‘‘(viii) Pollution prevention equipment or facilities.
‘‘(ix) Demolition.
‘‘(x) Disposal of hazardous materials generated by demolition.
‘‘(xi) Landscaping, grading, and other site or public
improvements.

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‘‘(xii) Planning for or the marketing of the development
and reuse of the installation.
‘‘(D) The Secretary may recoup from a redevelopment authority
such portion of the proceeds from a sale or lease described in
subparagraph (B) as the Secretary determines appropriate if the
redevelopment authority does not use the proceeds to support economic redevelopment of, or related to, the installation for the period
specified in subparagraph (B).’’;
(4) in subparagraph (F), as redesignated by paragraph (2)—
(A) by striking ‘‘(i)’’; and
(B) by striking clause (ii); and
(5) by inserting after subparagraph (F), as so redesignated,
the following new subparagraphs:
‘‘(H)(i) In the case of an agreement for the transfer of property
of a military installation under this paragraph that was entered
into before April 21, 1999, the Secretary may modify the agreement,
and in so doing compromise, waive, adjust, release, or reduce any
right, title, claim, lien, or demand of the United States, if—
‘‘(I) the Secretary determines that as a result of changed
economic circumstances, a modification of the agreement is
necessary;
‘‘(II) the terms of the modification do not require the return
of any payments that have been made to the Secretary;
‘‘(III) the terms of the modification do not compromise,
waive, adjust, release, or reduce any right, title, claim, lien,
or demand of the United States with respect to in-kind consideration; and
‘‘(IV) the cash consideration to which the United States
is entitled under the modified agreement, when combined with
the cash consideration to be received by the United States
for the disposal of other real property assets on the installation,
are as sufficient as they were under the original agreement
to fund the reserve account established under section
204(b)(7)(C) of the Defense Authorization Amendments and
Base Closure and Realignment Act, with the depreciated value
of the investment made with commissary store funds or nonappropriated funds in property disposed of pursuant to the
agreement being modified, in accordance with section 2906(d).
‘‘(ii) When exercising the authority granted by clause (i), the
Secretary may waive some or all future payments if, and to the
extent that, the Secretary determines such waiver is necessary.
‘‘(iii) With the exception of the requirement that the transfer
be without consideration, the requirements of subparagraphs (B),
(C), and (D) shall be applicable to any agreement modified pursuant
to clause (i).
‘‘(I) In the case of an agreement for the transfer of property
of a military installation under this paragraph that was entered
into during the period beginning on April 21, 1999, and ending
on the date of enactment of the National Defense Authorization
Act for Fiscal Year 2000, at the request of the redevelopment
authority concerned, the Secretary shall modify the agreement to
conform to all the requirements of subparagraphs (B), (C), and
(D). Such a modification may include the compromise, waiver,
adjustment, release, or reduction of any right, title, claim, lien,
or demand of the United States under the agreement.’’.

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113 STAT. 855

(b) 1988 LAW.—Section 204(b)(4) of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law
100–526; 10 U.S.C. 2687 note) is amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘or realigned’’ after ‘‘closed’’; and
(B) by inserting ‘‘for purposes of job generation on
the installation’’ before the period at the end;
(2) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (E), (F), and (I), respectively;
(3) by striking subparagraph (B) and inserting the following
new subparagraphs:
‘‘(B) The transfer of property of a military installation under
subparagraph (A) shall be without consideration if the redevelopment authority with respect to the installation—
‘‘(i) agrees that the proceeds from any sale or lease of
the property (or any portion thereof) received by the redevelopment authority during at least the first seven years after the
date of the transfer under subparagraph (A) shall be used
to support the economic redevelopment of, or related to, the
installation; and
‘‘(ii) executes the agreement for transfer of the property
and accepts control of the property within a reasonable time
after the date of the property disposal record of decision or
finding of no significant impact under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
‘‘(C) For purposes of subparagraph (B), the use of proceeds
from a sale or lease described in such subparagraph to pay for,
or offset the costs of, public investment on or related to the installation for any of the following purposes shall be considered a use
to support the economic redevelopment of, or related to, the installation:
‘‘(i) Road construction.
‘‘(ii) Transportation management facilities.
‘‘(iii) Storm and sanitary sewer construction.
‘‘(iv) Police and fire protection facilities and other public
facilities.
‘‘(v) Utility construction.
‘‘(vi) Building rehabilitation.
‘‘(vii) Historic property preservation.
‘‘(viii) Pollution prevention equipment or facilities.
‘‘(ix) Demolition.
‘‘(x) Disposal of hazardous materials generated by demolition.
‘‘(xi) Landscaping, grading, and other site or public
improvements.
‘‘(xii) Planning for or the marketing of the development
and reuse of the installation.
‘‘(D) The Secretary may recoup from a redevelopment authority
such portion of the proceeds from a sale or lease described in
subparagraph (B) as the Secretary determines appropriate if the
redevelopment authority does not use the proceeds to support economic redevelopment of, or related to, the installation for the period
specified in subparagraph (B).’’;
(4) in subparagraph (E), as redesignated by paragraph
(2)—
(A) by striking ‘‘(i)’’; and
(B) by striking clause (ii); and

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(5) by inserting after subparagraph (F) the following new
subparagraphs:
‘‘(G)(i) In the case of an agreement for the transfer of property
of a military installation under this paragraph that was entered
into before April 21, 1999, the Secretary may modify the agreement,
and in so doing compromise, waive, adjust, release, or reduce any
right, title, claim, lien, or demand of the United States, if—
‘‘(I) the Secretary determines that as a result of changed
economic circumstances, a modification of the agreement is
necessary;
‘‘(II) the terms of the modification do not require the return
of any payments that have been made to the Secretary;
‘‘(III) the terms of the modification do not compromise,
waive, adjust, release, or reduce any right, title, claim, lien,
or demand of the United States with respect to in-kind consideration; and
‘‘(IV) the cash consideration to which the United States
is entitled under the modified agreement, when combined with
the cash consideration to be received by the United States
for the disposal of other real property assets on the installation,
are as sufficient as they were under the original agreement
to fund the reserve account established under paragraph (7)(C),
with the depreciated value of the investment made with commissary store funds or nonappropriated funds in property disposed of pursuant to the agreement being modified, in accordance with section 2906(d) of the Defense Base Closure and
Realignment Act of 1990.
‘‘(ii) When exercising the authority granted by clause (i), the
Secretary may waive some or all future payments if, and to the
extent that, the Secretary determines such waiver is necessary.
‘‘(iii) With the exception of the requirement that the transfer
be without consideration, the requirements of subparagraphs (B),
(C), and (D) shall be applicable to any agreement modified pursuant
to clause (i).
‘‘(H) In the case of an agreement for the transfer of property
of a military installation under this paragraph that was entered
into during the period beginning on April 21, 1999, and ending
on the date of enactment of the National Defense Authorization
Act for Fiscal Year 2000, at the request of the redevelopment
authority concerned, the Secretary shall modify the agreement to
conform to all the requirements of subparagraphs (B), (C), and
(D). Such a modification may include the compromise, waiver,
adjustment, release, or reduction of any right, title, claim, lien,
or demand of the United States under the agreement.’’.
SEC. 2822. CONTINUATION OF AUTHORITY TO USE DEPARTMENT OF
DEFENSE BASE CLOSURE ACCOUNT 1990 FOR ACTIVITIES
REQUIRED TO CLOSE OR REALIGN MILITARY INSTALLATIONS.

(a) DURATION OF ACCOUNT.—Subsection (a) of section 2906
of the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note)
is amended by adding at the end the following new paragraph:
‘‘(3) The Account shall be closed at the time and in the manner
provided for appropriation accounts under section 1555 of title
31, United States Code. Unobligated funds which remain in the
Account upon closure shall be held by the Secretary of the Treasury

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until transferred by law after the congressional defense committees
receive the final report transmitted under subsection (c)(2).’’.
(b) EFFECT OF CONTINUATION ON USE OF ACCOUNT.—Subsection
(b)(1) of such section is amended by adding at the end the following
new sentence: ‘‘After July 13, 2001, the Account shall be the sole
source of Federal funds for environmental restoration, property
management, and other caretaker costs associated with any real
property at military installations closed or realigned under this
part or such title II.’’.
(c) CONFORMING AMENDMENTS.—Such section is further
amended—
(1) in subsection (c)—
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2)
and, in such paragraph, by inserting after ‘‘this part’’ the
following: ‘‘and no later than 60 days after the closure
of the Account under subsection (a)(3)’’; and
(2) in subsection (e), by striking ‘‘the termination of the
authority of the Secretary to carry out a closure or realignment
under this part’’ and inserting ‘‘the closure of the Account
under subsection (a)(3)’’.

Subtitle D—Land Conveyances
PART I—ARMY CONVEYANCES
SEC. 2831. TRANSFER OF JURISDICTION, FORT SAM HOUSTON, TEXAS.

(a) TRANSFER OF LAND FOR
TERY.—The Secretary of the Army

INCLUSION IN NATIONAL CEMEmay transfer, without reimbursement, to the administrative jurisdiction of the Secretary of Veterans
Affairs a parcel of real property, including any improvements
thereon, consisting of approximately 152 acres and comprising a
portion of Fort Sam Houston, Texas.
(b) USE OF LAND.—The Secretary of Veterans Affairs shall
include the real property transferred under subsection (a) in the
Fort Sam Houston National Cemetery and use the conveyed property as a national cemetery under chapter 24 of title 38, United
States Code.
(c) LEGAL DESCRIPTION.—The exact acreage and legal description of the real property to be transferred under this section shall
be determined by a survey satisfactory to the Secretary of the
Army. The cost of the survey shall be borne by the Secretary
of Veterans Affairs.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the
Army may require such additional terms and conditions in connection with the transfer under this section as the Secretary of the
Army considers appropriate to protect the interests of the United
States.
SEC. 2832. LAND EXCHANGE, ROCK ISLAND ARSENAL, ILLINOIS.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey to the City of Moline, Illinois (in this section referred to
as the ‘‘City’’), all right, title, and interest of the United States
in and to a parcel of real property, including improvements thereon,
consisting of approximately .3 acres at the Rock Island Arsenal
for the purpose of permitting the City to construct a new entrance

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and exit ramp for the bridge that crosses the southeast end of
the island containing the Arsenal.
(b) CONSIDERATION.—As consideration for the conveyance under
subsection (a), the City shall convey to the Secretary all right,
title, and interest of the City in and to a parcel of real property
consisting of approximately .2 acres and located in the vicinity
of the parcel to be conveyed under subsection (a).
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the parcels to be conveyed under this section shall
be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the City.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyances under this section as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2833. LAND CONVEYANCE, ARMY RESERVE CENTER, BANGOR,
MAINE.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to the City of Bangor, Maine (in
this section referred to as the ‘‘City’’), all right, title, and interest
of the United States in and to a parcel of real property, including
any improvements thereon, consisting of approximately 5 acres
and containing the Army Reserve Center in Bangor, Maine, known
as the Harold S. Slager Army Reserve Center, for the purpose
of permitting the City to develop the parcel for educational purposes.
(b) ALTERNATIVE CONVEYANCE AUTHORITY.—If at the time of
the conveyance authorized by subsection (a) the Secretary has transferred jurisdiction over any of the property to be conveyed to the
Administrator of General Services, the Administrator shall make
the conveyance of such property under this section.
(c) FEDERAL SCREENING.—(1) If any of the property authorized
to be conveyed by subsection (a) is under the jurisdiction of the
Administrator as of the date of the enactment of this Act, the
Administrator shall conduct with respect to such property the
screening for further Federal use otherwise required by subsection
(a) of section 2696 of title 10, United States Code.
(2) Subsections (b) through (d) of such section 2696 shall apply
to the screening under paragraph (1) as if the screening were
a screening conducted under subsection (a) of such section. For
purposes of such subsection (b), the date of the enactment of the
provision of law authorizing the conveyance of the property authorized to be conveyed by this section shall be the date of the enactment
of this Act.
(d) REVERSIONARY INTEREST.—During the five-year period
beginning on the date the conveyance authorized by subsection
(a) is made, if the official making the conveyance determines that
the conveyed property is not being used for the purpose specified
in such subsection, all right, title, and interest in and to the property
shall revert to the United States, and the United States shall
have the right of immediate entry onto the property. Any determination under this subsection shall be made on the record after an
opportunity for a hearing.
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the official

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having jurisdiction over the property at the time of the conveyance.
The cost of the survey shall be borne by the City.
(f) ADDITIONAL TERMS AND CONDITIONS.—The official having
jurisdiction over the property authorized to be conveyed by subsection (a) at the time of the conveyance may require such additional
terms and conditions in connection with the conveyance as that
official considers appropriate to protect the interests of the United
States.
SEC. 2834. LAND CONVEYANCE, ARMY RESERVE CENTER, KANKAKEE,
ILLINOIS.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to the City of Kankakee, Illinois
(in this section referred to as the ‘‘City’’), all right, title, and interest
of the United States in and to a parcel of real property, including
improvements thereon, that is located at 1600 Willow Street in
Kankakee, Illinois, and contains the vacant Stefaninch Army
Reserve Center for the purpose of permitting the City to use the
parcel for economic development and other public purposes.
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the City.
(c) REVERSIONARY INTEREST.—During the five-year period
beginning on the date the Secretary makes the conveyance authorized under subsection (a), if the Secretary determines that the
conveyed real property is not being used in accordance with the
purpose of the conveyance specified in such subsection, all right,
title, and interest in and to the property, including any improvements thereon, shall revert to the United States, and the United
States shall have the right of immediate entry onto the property.
Any determination of the Secretary under this subsection shall
be made on the record after an opportunity for a hearing.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2835. LAND CONVEYANCE, ARMY RESERVE CENTER, CANNON
FALLS, MINNESOTA.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to the Cannon Falls Area Schools,
Minnesota Independent School District Number 252 (in this section
referred to as the ‘‘District’’), all right, title, and interest of the
United States in and to a parcel of real property, including improvements thereon, that is located at 710 State Street East in Cannon
Falls, Minnesota, and contains an Army Reserve Center for the
purpose of permitting the District to develop the parcel for educational purposes.
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the District.
(c) REVERSIONARY INTEREST.—During the five-year period
beginning on the date the Secretary makes the conveyance authorized under subsection (a), if the Secretary determines that the
conveyed real property is not being used in accordance with the
purpose of the conveyance specified in such subsection, all right,

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title, and interest in and to the property, including any improvements thereon, shall revert to the United States, and the United
States shall have the right of immediate entry onto the property.
Any determination of the Secretary under this subsection shall
be made on the record after an opportunity for a hearing.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2836. LAND CONVEYANCE, ARMY MAINTENANCE SUPPORT
ACTIVITY (MARINE) NUMBER 84, MARCUS HOOK,
PENNSYLVANIA.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to the Borough of Marcus Hook,
Pennsylvania (in this section referred to as the ‘‘Borough’’), all
right, title, and interest of the United States in and to a parcel
of real property, including improvements thereon, consisting of
approximately 5 acres that is located at 7 West Delaware Avenue
in Marcus Hook, Pennsylvania, and contains the facility known
as the Army Maintenance Support Activity (Marine) Number 84,
for the purpose of permitting the Borough to develop the parcel
for recreational or economic development purposes.
(b) CONDITION OF CONVEYANCE.—The conveyance under subsection (a) shall be subject to the condition that the Borough—
(1) use the conveyed property, directly or through an agreement with a public or private entity, for recreational or economic purposes; or
(2) convey the property to an appropriate public or private
entity for use for such purposes.
(c) REVERSION.—If the Secretary determines at any time that
the real property conveyed under subsection (a) is not being used
for recreational or economic development purposes, as required
by subsection (b), all right, title, and interest in and to the property
conveyed under subsection (a), including any improvements thereon,
shall revert to the United States, and the United States shall
have the right of immediate entry thereon. Any determination
of the Secretary under this subsection shall be made on the record
after an opportunity for a hearing.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the Borough.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2837. LAND CONVEYANCES, ARMY DOCKS AND RELATED PROPERTY, ALASKA.

(a) JUNEAU NATIONAL GUARD DOCK.—The Secretary of the
Army may convey, without consideration, to the City of Juneau,
Alaska, all right, title, and interest of the United States in and
to a parcel of real property, including improvements thereon, located
at 1030 Thane Highway in Juneau, Alaska, and consisting of
approximately 0.04 acres and the appurtenant facility known as
the Juneau National Guard Dock, for the purpose of permitting
the recipient to use the parcel for navigation-related commerce.

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(b) WHITTIER DELONG DOCK.—The Secretary may convey, without consideration, to the Alaska Railroad Corporation, all right,
title, and interest of the United States in and to a parcel of real
property, including improvements thereon, located in Whittier,
Alaska, and consisting of approximately 6.13 acres and the appurtenant facility known as the DeLong Dock, for the purpose of
permitting the recipient to use the parcel for economic development.
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsections
(a) and (b) shall be determined by surveys satisfactory to the
Secretary. The cost of the surveys shall be borne by the recipient
of the real property.
(d) REVERSIONARY INTERESTS.—During the five-year period
beginning on the date the Secretary makes a conveyance authorized
under this section, if the Secretary determines that the real property
conveyed by that conveyance is not being used in accordance with
the purpose of the conveyance, all right, title, and interest in
and to the property, including any improvements thereon, shall
revert to the United States, and the United States shall have
the right of immediate entry onto the property. Any determination
of the Secretary under this subsection shall be made on the record
after an opportunity for a hearing.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyances under subsections (a) and (b) as the Secretary
considers appropriate to protect the interests of the United States.
SEC. 2838. LAND CONVEYANCE, FORT HUACHUCA, ARIZONA.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to the Department of Veterans’ Services of the State of Arizona (in this section referred to as the
‘‘Department’’), all right, title, and interest of the United States
in and to a parcel of real property, including improvements thereon,
consisting of approximately 130 acres at Fort Huachuca, Arizona,
for the purpose of permitting the Department to establish a Staterun cemetery for veterans.
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the Department.
(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2839. LAND CONVEYANCE, NIKE BATTERY 80 FAMILY HOUSING
SITE, EAST HANOVER TOWNSHIP, NEW JERSEY.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to the Township Council of East
Hanover, New Jersey (in this section referred to as the ‘‘Township’’),
all right, title, and interest of the United States in and to a parcel
of real property, including improvements thereon, consisting of
approximately 13.88 acres located near the unincorporated area
of Hanover Neck in East Hanover, New Jersey, and was a former
family housing site for Nike Battery 80, for the purpose of permitting the Township to develop the parcel for affordable housing
and for recreational purposes.

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(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the Township.
(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2840. LAND CONVEYANCES, TWIN CITIES ARMY AMMUNITION
PLANT, MINNESOTA.

(a) CONVEYANCE TO CITY AUTHORIZED.—The Secretary of the
Army may convey to the City of Arden Hills, Minnesota (in this
section referred to as the ‘‘City’’), all right, title, and interest of
the United States in and to a parcel of real property, including
improvements thereon, consisting of approximately 4 acres at the
Twin Cities Army Ammunition Plant, for the purpose of permitting
the City to construct a city hall complex on the parcel.
(b) CONVEYANCE TO COUNTY AUTHORIZED.—The Secretary of
the Army may convey to Ramsey County, Minnesota (in this section
referred to as the ‘‘County’’), all right, title, and interest of the
United States in and to a parcel of real property, including improvements thereon, consisting of approximately 35 acres at the Twin
Cities Army Ammunition Plant, for the purpose of permitting the
County to construct a maintenance facility on the parcel.
(c) CONSIDERATION.—As consideration for the conveyances
under this section, the City shall make the city hall complex available for use by the Minnesota National Guard for public meetings,
and the County shall make the maintenance facility available for
use by the Minnesota National Guard, as detailed in agreements
entered into between the City, County, and the Commanding General of the Minnesota National Guard. Use of the city hall complex
and maintenance facility by the Minnesota National Guard shall
be without cost to the Minnesota National Guard.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under this section
shall be determined by surveys satisfactory to the Secretary. The
cost of the survey shall be borne by the recipient of the real
property.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyances under this section as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2841. REPAIR AND CONVEYANCE OF RED BUTTE DAM AND RESERVOIR, SALT LAKE CITY, UTAH.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to the Central Utah Water Conservancy District, Utah (in this section referred to as the ‘‘District’’),
all right, title, and interest of the United States in and to the
real property, including the dam, spillway, and any other improvements thereon, comprising the Red Butte Dam and Reservoir, Salt
Lake City, Utah. The Secretary shall make the conveyance without
regard to the department or agency of the Federal Government
having jurisdiction over Red Butte Dam and Reservoir.
(b) FUNDS FOR IMPROVEMENT OF DAM AND RESERVOIR.—(1)
Not later than 60 days after the date of the enactment of this
Act, the Secretary may make funds available to the District for

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purposes of the improvement of Red Butte Dam and Reservoir
to meet the standards applicable to the dam and reservoir under
the laws of the State of Utah. The amount of funds made available
may not exceed $6,000,000.
(2) The District shall use funds made available to the District
under paragraph (1) solely for purposes of improving Red Butte
Dam and Reservoir to meet the standards referred to in such
paragraph.
(c) RESPONSIBILITY FOR MAINTENANCE AND OPERATION.—Upon
the conveyance of Red Butte Dam and Reservoir under subsection
(a), the District shall assume all responsibility for the operation
and maintenance of Red Butte Dam and Reservoir for fish, wildlife,
and flood control purposes in accordance with the repayment contract or other applicable agreement between the District and the
Bureau of Reclamation with respect to Red Butte Dam and Reservoir.
(d) DESCRIPTION OF PROPERTY.—The legal description of the
real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of the
survey shall be borne by the District.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2842. MODIFICATION OF LAND CONVEYANCE, JOLIET ARMY
AMMUNITION PLANT, ILLINOIS.

Section 2922(c) of the Military Construction Authorization Act
for Fiscal Year 1996 (division B of Public Law 104–106; 110 Stat.
605) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The conveyance’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) The landfill established on the real property conveyed
under subsection (a) may contain only waste generated in the
county in which the landfill is established and waste generated
in municipalities located at least in part in that county. The landfill
shall be closed and capped after 23 years of operation.’’.

16 USC 1609
note.

PART II—NAVY CONVEYANCES
SEC. 2851. LAND CONVEYANCE, NAVAL WEAPONS
RESERVE PLANT NO. 387, DALLAS, TEXAS.

INDUSTRIAL

(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of the Navy
may convey to the City of Dallas, Texas (in this section referred
to as the ‘‘City’’), all right, title, and interest of the United States
in and to parcels of real property consisting of approximately 314
acres and comprising the Naval Weapons Industrial Reserve Plant
No. 387, Dallas, Texas.
(2)(A) As part of the conveyance authorized by paragraph (1),
the Secretary may convey to the City such improvements, equipment, fixtures, and other personal property located on the parcels
referred to in that paragraph as the Secretary determines to be
not required by the Navy for other purposes.
(B) The Secretary may permit the City to review and inspect
the improvements, equipment, fixtures, and other personal property
located on the parcels referred to in paragraph (1) for purposes
of the conveyance authorized by this paragraph.

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(b) AUTHORITY TO CONVEY WITHOUT CONSIDERATION.—The
conveyance authorized by subsection (a) may be made without
consideration if the Secretary determines that the conveyance on
that basis would be in the best interests of the United States.
(c) CONDITION OF CONVEYANCE.—The conveyance authorized
by subsection (a) shall be subject to the condition that the City—
(1) use the parcels, directly or through an agreement with
a public or private entity, for economic purposes or such other
public purposes as the City determines appropriate; or
(2) convey the parcels to an appropriate public entity for
use for such purposes.
(d) REVERSION.—If, during the 5-year period beginning on the
date the Secretary makes the conveyance authorized by subsection
(a), the Secretary determines that the conveyed real property is
not being used for a purpose specified in subsection (c), all right,
title, and interest in and to the property, including any improvements thereon, shall revert to the United States, and the United
States shall have the right of immediate entry onto the property.
(e) LIMITATION ON CERTAIN SUBSEQUENT CONVEYANCES.—(1)
Subject to paragraph (2), if at any time after the Secretary makes
the conveyance authorized by subsection (a) the City conveys any
portion of the parcels conveyed under that subsection to a private
entity, the City shall pay to the United States an amount equal
to the fair market value (as determined by the Secretary) of the
portion conveyed at the time of its conveyance under this subsection.
(2) Paragraph (1) applies to a conveyance described in that
paragraph only if the Secretary makes the conveyance authorized
by subsection (a) without consideration.
(3) The Secretary shall cover over into the General Fund of
the Treasury as miscellaneous receipts any amounts paid the Secretary under this subsection.
(f) INTERIM LEASE.—(1) Until such time as the real property
described in subsection (a) is conveyed by deed under this section,
the Secretary may continue to lease the property, together with
improvements thereon, to the tenant occupying the property as
of the date of the enactment of this Act (in this section referred
to as the ‘‘current tenant’’) under the terms and conditions of
the lease for the property in effect on that date (in this section
referred to as the ‘‘existing lease’’) or a successor lease.
(2) If good faith negotiations for the conveyance of the property
continue under this section beyond the end of the third year of
the term of the existing lease for the property, and the current
tenant is in compliance with the lease, the Secretary shall continue
to lease the property to the current tenant under the terms and
conditions applicable to the first three years of the existing lease
pursuant to the existing lease for the property.
(3) If the property has not been conveyed by deed under this
section within six years after the date of the enactment of this
Act, the Secretary may extend or renegotiate the existing lease.
(g) MAINTENANCE OF PROPERTY.—(1) If the existing lease is
continued under subsection (f), the current tenant of the real property covered by the lease shall be responsible for maintenance
of the property as provided for in the existing lease, any extension
thereof, or any successor lease.
(2) To the extent provided in advance in appropriations Acts,
the Secretary shall be responsible for maintaining the real property
to be conveyed under this section after the date of the termination

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of the lease with the current tenant or the date the property
is vacated by the current tenant, whichever is later, until such
time as the property is conveyed by deed under this section.
(h) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the City.
(i) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2852. LAND CONVEYANCE, MARINE CORPS AIR STATION, CHERRY
POINT, NORTH CAROLINA.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may
convey, without consideration, to the State of North Carolina (in
this section referred to as the ‘‘State’’), all right, title, and interest
of the United States in and to a parcel of unimproved real property
consisting of approximately 20 acres at the Marine Corps Air Station, Cherry Point, North Carolina, for the purpose of permitting
the State to develop the parcel for educational purposes.
(b) CONDITION OF CONVEYANCE.—The conveyance authorized
by subsection (a) shall be subject to the condition that the State
convey to the United States such easements and rights-of-way
regarding the parcel as the Secretary considers necessary to ensure
use of the parcel by the State is compatible with the use of the
Marine Corps Air Station.
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the State.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2853. LAND CONVEYANCE, NEWPORT, RHODE ISLAND.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may
convey to the City of Newport, Rhode Island (in this section referred
to as the ‘‘City’’), all right, title, and interest of the United States
in and to a parcel of real property (together with any improvements
thereon) consisting of approximately 15 acres and known as the
Connell Manor housing area, which is located on Ranger Road
and is bounded to the north by Coddington Highway, to the west
and south by city streets, and to the east by private properties.
(b) CONSIDERATION.—As consideration for the conveyance under
subsection (a), the City shall pay to the Secretary an amount
sufficient to cover the cost, as determined by the Secretary—
(1) to carry out any environmental assessments and any
other studies, analyses, and assessments that may be required
under Federal law in connection with the conveyance; and
(2) to sever and realign utility systems as may be necessary
to complete the conveyance.
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the City.

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(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2854. LAND CONVEYANCE, NAVAL TRAINING CENTER, ORLANDO,
FLORIDA.

The Secretary of the Navy shall convey all right, title, and
interest of the United States in and to the land comprising the
main base portion of the Naval Training Center and the McCoy
Annex Areas, Orlando, Florida, to the City of Orlando, Florida,
in accordance with the terms and conditions set forth in the Memorandum of Agreement by and between the United States of America
and the City of Orlando for the Economic Development Conveyance
of Property on the Main Base and McCoy Annex Areas of the
Naval Training Center, Orlando, executed by the Parties on
December 9, 1997, as amended.
SEC. 2855. ONE-YEAR DELAY IN DEMOLITION OF RADIO TRANSMITTING FACILITY TOWERS AT NAVAL STATION, ANNAPOLIS,
MARYLAND, TO FACILITATE CONVEYANCE OF TOWERS.

(a) DEMOLITION DELAY.—During the one-year period beginning
on the date of the enactment of this Act, funds authorized to
be appropriated by this or any other Act may not obligated or
expended by the Secretary of the Navy to demolish the three southeastern most naval radio transmitting towers located at Naval
Station, Annapolis, Maryland, that are otherwise scheduled for
demolition as of that date.
(b) CONVEYANCE OF TOWERS.—The Secretary may convey, without consideration, to the State of Maryland or the County of Anne
Arundel, Maryland, all right, title, and interest (including maintenance responsibility) of the United States in and to the naval
radio transmitting towers described in subsection (a) if, during
the period specified in such subsection, the recipient agrees to
accept the towers in an as is condition.
(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (b) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2856. CLARIFICATION OF LAND EXCHANGE, NAVAL RESERVE
READINESS CENTER, PORTLAND, MAINE.

(a) CLARIFICATION ON CONVEYEE.—Subsection (a)(1) of section
2852 of the Military Construction Authorization Act for Fiscal Year
1999 (division B of Public Law 105–261; 112 Stat. 2220) is amended
by striking ‘‘Gulf of Maine Aquarium Development Corporation,
Portland, Maine (in this section referred to as the ‘Corporation’)’’
and inserting ‘‘Gulf of Maine Aquarium Development Corporation,
Portland, Maine, a non-profit education and research institute (in
this section referred to as the ‘Aquarium’)’’.
(b) CONFORMING AMENDMENTS.—Such section is further
amended by striking ‘‘the Corporation’’ each place it appears and
inserting ‘‘the Aquarium’’.
SEC. 2857. REVISION TO LEASE AUTHORITY, NAVAL AIR STATION,
MERIDIAN, MISSISSIPPI.

Section 2837 of the Military Construction Authorization Act
for Fiscal Year 1997 (division B of Public Law 104–201; 110 Stat.

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2798), as amended by section 2853 of the Military Construction
Authorization Act for Fiscal Year 1998 (division B of Public Law
105–85; 111 Stat. 2009), is amended—
(1) in subsection (a)(1), by striking ‘‘22,000 square feet’’
and inserting ‘‘27,000 square feet’’; and
(2) in subsection (b)(2), by striking ‘‘20 percent’’ and
inserting ‘‘25 percent’’.
SEC. 2858. LAND CONVEYANCES, NORFOLK, VIRGINIA.

(a) CONVEYANCES AUTHORIZED.—The Secretary of the Navy
may convey to the Commonwealth of Virginia (in this section
referred to as the ‘‘Commonwealth’’), all right, title, and interest
of the United States in and to such parcels of real property in
the Norfolk, Virginia, area as the Secretary and the Commonwealth
jointly determine to be required for the projects referred to in
subsection (d).
(b) GRANTS OF EASEMENT OR RIGHT-OF-WAY.—The Secretary
may grant to the Commonwealth such easements, rights-of-way,
or other interests in land under the jurisdiction of the Secretary
as the Secretary and the Commonwealth jointly determine to be
required for the projects referred to in subsection (d).
(c) CONSIDERATION.—(1) As consideration for the grant of easements and rights-of-way under subsection (b), the Secretary may
require the Commonwealth—
(A) to provide in the Virginia Transportation Improvement
Plan for improved access for ingress and egress from Interstate
Route 564 to the new air terminal at Naval Air Station, Norfolk,
Virginia;
(B) to include funding for a project or projects necessary
for such access in the Fiscal Year 2000–2001 Six Year Improvement Program of the Commonwealth of Virginia; and
(C) to relocate or replace (at no cost to the Department
of the Navy) facilities of the Navy that are affected by the
projects referred to in subsection (d).
(2) The consideration to be provided under this subsection
for any grants of easement and right-of-way under this section
shall be set forth in a memorandum of agreement between the
Secretary and the Commonwealth.
(d) COVERED PROJECTS.—The projects referred to in this subsection are projects relating to highway construction, as follows:
(1) Project number 0337–122–F14, PE–101 (Back Gate).
(2) Project number 0337–122–F14, PE–102 (Front Gate).
(3) Project number 0564–122–108, PE–101 (Interstate
Route 564 intermodal connector).
(e) SENSE OF CONGRESS REGARDING CONSTRUCTION OF ACCESS
TO NAVAL AIR STATION, NORFOLK, VIRGINIA.—It is the sense of
Congress that, by reason of the conveyances under subsection (a),
the Commonwealth should work with the Secretary for purposes
of constructing on Interstate Route 564 an interchange providing
improved access to the new air terminal at Naval Air Station,
Norfolk, Virginia.
(f) EXEMPTION FROM FEDERAL SCREENING REQUIREMENT.—The
conveyances authorized by subsection (a) shall be made without
regard to the requirement under section 2696 of title 10, United
States Code, that the property be screened for further Federal
use in accordance with the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.).

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(g) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of any real property conveyed under subsection (a),
and of any easements, rights-of-way, or other interests granted
under subsection (b), shall be determined by a survey or surveys
satisfactory to the Secretary. The cost of the survey or surveys
shall be borne by the Commonwealth.
(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance of any real property under subsection (a) as the
Secretary considers appropriate to protect the interests of the
United States.

PART III—AIR FORCE CONVEYANCES
SEC. 2861. LAND CONVEYANCE, NEWINGTON DEFENSE FUEL SUPPLY
POINT, NEW HAMPSHIRE.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force
may convey, without consideration, to the Pease Development
Authority, New Hampshire (in this section referred to as the
‘‘Authority’’), all right, title, and interest of the United States in
and to parcels of real property, together with any improvements
thereon, consisting of approximately 10.26 acres and located in
Newington, New Hampshire, the site of the Newington Defense
Fuel Supply Point.
(b) RELATED PIPELINE AND EASEMENT.—As part of the conveyance authorized by subsection (a), the Secretary may convey to
the Authority, without consideration, all right, title, and interest
of the United States in and to the following:
(1) The pipeline approximately 1.25 miles in length that
runs between the property authorized to be conveyed under
subsection (a) and former Pease Air Force Base, New Hampshire, and any facilities and equipment related thereto.
(2) An easement consisting of approximately 4.612 acres
for purposes of activities relating to the pipeline.
(c) CONDITION OF CONVEYANCE.—The conveyance authorized
by subsection (a) may only be made if the Authority agrees to
make the fuel supply pipeline available for use by the New Hampshire Air National Guard under terms and conditions acceptable
to the Secretary.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a), the easement to be conveyed under subsection (b)(2), and the
pipeline to be conveyed under subsection (b)(1) shall be determined
by surveys and other means satisfactory to the Secretary. The
cost of any survey or other services performed at the direction
of the Secretary under the preceding sentence shall be borne by
the Authority.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyances under this section as the Secretary considers appropriate to protect the interests of the United States.
SEC. 2862. LAND CONVEYANCE, TYNDALL AIR FORCE BASE, FLORIDA.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force
may convey to Panama City, Florida (in this section referred to
as the ‘‘City’’), all right, title, and interest of the United States
in and to a parcel of real property, including improvements thereon,

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consisting of approximately 33.07 acres in Bay County, Florida,
and containing the military family housing project for Tyndall Air
Force Base known as Cove Garden.
(b) CONSIDERATION.—As consideration for the conveyance under
subsection (a), the City shall pay to the United States an amount
equal to the fair market value of the real property to be conveyed,
as determined by the Secretary.
(c) USE OF PROCEEDS.—In such amounts as are provided in
advance in appropriations Acts, the Secretary may use the funds
paid by the City under subsection (b) to construct or improve
military family housing units at Tyndall Air Force Base and to
improve ancillary supporting facilities related to such housing.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the City.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2863. LAND CONVEYANCE, PORT OF ANCHORAGE, ALASKA.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force
and the Secretary of the Interior may convey, without consideration,
to the Port of Anchorage, an entity of the City of Anchorage,
Alaska (in this section referred to as the ‘‘Port’’), all right, title,
and interest of the United States in and to two parcels of real
property, including improvements thereon, consisting of a total
of approximately 14.22 acres located adjacent to the Port of Anchorage Marine Industrial Park in Anchorage, Alaska, and leased by
the Port from the Department of the Air Force and the Bureau
of Land Management, for the purpose of permitting the Port to
use the parcels for economic development.
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary
of the Air Force and the Secretary of the Interior. The cost of
the survey shall be borne by the Port.
(c) REVERSIONARY INTEREST.—During the five-year period
beginning on the date the Secretary concerned makes the conveyance authorized under subsection (a), if that Secretary determines
that the real property conveyed by that Secretary is not being
used in accordance with the purpose of the conveyance specified
in such subsection, all right, title, and interest in and to that
property, including any improvements thereon, shall revert to the
United States, and the United States shall have the right of immediate entry onto the property. Any determination of the Secretary
concerned under this subsection shall be made on the record after
an opportunity for a hearing.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the
Air Force and the Secretary of the Interior may require such additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretaries considers appropriate to protect
the interests of the United States.

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SEC. 2864. LAND CONVEYANCE,
YORK.

FORESTPORT

TEST

ANNEX,

NEW

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force
may convey, without consideration, to the Town of Ohio, New York
(in this section referred to as the ‘‘Town’’), all right, title, and
interest of the United States in and to a parcel of real property,
including improvements thereon, consisting of approximately 164
acres in Herkimer County, New York, and approximately 18 acres
in Oneida County, New York, and containing the Forestport Test
Annex for the purpose of permitting the Town to develop the parcel
for economic purposes and to further the provision of municipal
services.
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the Town.
(c) REVERSIONARY INTEREST.—During the five-year period
beginning on the date the Secretary makes the conveyance authorized under subsection (a), if the Secretary determines that the
conveyed real property is not being used in accordance with the
purpose of the conveyance specified in such subsection, all right,
title, and interest in and to the property, including any improvements thereon, shall revert to the United States, and the United
States shall have the right of immediate entry onto the property.
Any determination of the Secretary under this subsection shall
be made on the record after an opportunity for a hearing.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2865. LAND CONVEYANCE, MCCLELLAN NUCLEAR RADIATION
CENTER, CALIFORNIA.

(a) CONVEYANCE AUTHORIZED.—(1) Consistent with applicable
laws, including section 120 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620),
the Secretary of the Air Force may convey, without consideration,
to the Regents of the University of California, acting on behalf
of the University of California, Davis (in this section referred to
as the ‘‘Regents’’), all right, title, and interest of the United States
in and to the parcel of real property, including improvements
thereon, consisting of the McClellan Nuclear Radiation Center,
California.
(2) Pending the completion of all actions necessary to prepare
the property described in paragraph (1) for conveyance under such
paragraph, the Secretary may lease the property to the Regents.
(b) INSPECTION OF PROPERTY.—At an appropriate time before
any conveyance or lease under subsection (a), the Secretary shall
permit the Regents access to the property described in such subsection for purposes of such investigation of the McClellan Nuclear
Radiation Center and the atomic reactor located at the Center
as the Regents consider appropriate.
(c) HOLD HARMLESS.—(1)(A) The Secretary may not make the
conveyance or lease authorized by subsection (a) unless the Regents
agree to indemnify and hold harmless the United States for and
against the following:

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(i) Any and all costs associated with the decontamination
and decommissioning of the atomic reactor at the McClellan
Nuclear Radiation Center under requirements that are imposed
by the Nuclear Regulatory Commission or any other appropriate
Federal or State regulatory agency.
(ii) Any and all injury, damage, or other liability arising
from the operation of the atomic reactor after its conveyance
under this section.
(B) The Secretary may pay the Regents an amount not to
exceed $17,593,000 as consideration for the agreement under
subparagraph (A). Notwithstanding section 2906(b) of the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101–510; 10 U.S.C. 2687 note), the Secretary may
use amounts appropriated pursuant to the authorization of appropriations in section 2405(a)(7) to make the payment under this
subparagraph.
(2) Notwithstanding the agreement under paragraph (1), the
Secretary may, as part of the conveyance or lease authorized by
subsection (a), enter into an agreement with the Regents under
which the United States shall indemnify and hold harmless the
University of California for and against any injury, damage, or
other liability in connection with the operation of the atomic reactor
at the McClellan Nuclear Radiation Center after its conveyance
or lease that arises from a defect in the atomic reactor that could
not have been discovered in the course of the inspection carried
out under subsection (b).
(d) CONTINUING OPERATION OF REACTOR.—Until such time as
the property authorized to be conveyed by subsection (a) is conveyed
by deed or lease, the Secretary shall take appropriate actions,
including the allocation of personnel, funds, and other resources,
to ensure the continuing operation of the atomic reactor located
at the McClellan Nuclear Radiation Center in accordance with
applicable requirements of the Nuclear Regulatory Commission and
otherwise in accordance with law.
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the Secretary.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance or lease under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

Subtitle E—Other Matters
SEC. 2871. ACCEPTANCE OF GUARANTEES IN CONNECTION WITH
GIFTS TO MILITARY SERVICE ACADEMIES.

(a) UNITED STATES MILITARY ACADEMY.—(1) Chapter 403 of
title 10, United States Code, is amended by inserting after section
4356 the following new section:
‘‘§ 4357. Acceptance of guarantees with gifts for major
projects
‘‘(a) ACCEPTANCE AUTHORITY.—Subject to subsection (c), the
Secretary of the Army may accept from a donor or donors a qualified

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guarantee for the completion of a major project for the benefit
of the Academy.
‘‘(b) OBLIGATION AUTHORITY.—The amount of a qualified guarantee accepted under this section shall be considered as contract
authority to provide obligation authority for purposes of Federal
fiscal and contractual requirements. Funds available for a project
for which such a guarantee has been accepted may be obligated
and expended for the project without regard to whether the total
amount of the funds and other resources available for the project
(not taking into account the amount of the guarantee) is sufficient
to pay for completion of the project.
‘‘(c) NOTICE OF PROPOSED ACCEPTANCE.—The Secretary of the
Army may not accept a qualified guarantee under this section
for the completion of a major project until after the expiration
of 30 days following the date upon which a report of the facts
concerning the proposed guarantee is submitted to Congress.
‘‘(d) PROHIBITION ON COMMINGLING OF FUNDS.—The Secretary
of the Army may not enter into any contract or other transaction
involving the use of a qualified guarantee and appropriated funds
in the same contract or transaction.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) MAJOR PROJECT.—The term ‘major project’ means a
project for the purchase or other procurement of real or personal
property, or for the construction, renovation, or repair of real
or personal property, the total cost of which is, or is estimated
to be, at least $1,000,000.
‘‘(2) QUALIFIED GUARANTEE.—The term ‘qualified guarantee’, with respect to a major project, means a guarantee
that—
‘‘(A) is made by one or more persons in connection
with a donation, specifically for the project, of a total
amount in cash or securities that, as determined by the
Secretary of the Army, is sufficient to defray a substantial
portion of the total cost of the project;
‘‘(B) is made to facilitate or expedite the completion
of the project in reasonable anticipation that other donors
will contribute sufficient funds or other resources in
amounts sufficient to pay for completion of the project;
‘‘(C) is set forth as a written agreement that provides
for the donor to furnish in cash or securities, in addition
to the donor’s other gift or gifts for the project, any additional amount that may become necessary for paying the
cost of completing the project by reason of a failure to
obtain from other donors or sources funds or other
resources in amounts sufficient to pay the cost of completing the project; and
‘‘(D) is accompanied by—
‘‘(i) an irrevocable and unconditional standby letter
of credit for the benefit of the Academy that is in
the amount of the guarantee and is issued by a major
United States commercial bank; or
‘‘(ii) a qualified account control agreement.
‘‘(3) QUALIFIED ACCOUNT CONTROL AGREEMENT.—The term
‘qualified account control agreement’, with respect to a guarantee of a donor, means an agreement among the donor, the
Secretary of the Army, and a major United States investment
management firm that—

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‘‘(A) ensures the availability of sufficient funds or other
financial resources to pay the amount guaranteed during
the period of the guarantee;
‘‘(B) provides for the perfection of a security interest
in the assets of the account for the United States for
the benefit of the Academy with the highest priority available for liens and security interests under applicable law;
‘‘(C) requires the donor to maintain in an account
with the investment management firm assets having a
total value that is not less than 130 percent of the amount
guaranteed; and
‘‘(D) requires the investment management firm, at any
time that the value of the account is less than the value
required to be maintained under subparagraph (C), to liquidate any noncash assets in the account and reinvest
the proceeds in Treasury bills issued under section 3104
of title 31.
‘‘(4) MAJOR UNITED STATES COMMERCIAL BANK.—The term
‘major United States commercial bank’ means a commercial
bank that—
‘‘(A) is an insured bank (as defined in section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813));
‘‘(B) is headquartered in the United States; and
‘‘(C) has net assets in a total amount considered by
the Secretary of the Army to qualify the bank as a major
bank.
‘‘(5) MAJOR UNITED STATES INVESTMENT MANAGEMENT
FIRM.—The term ‘major United States investment management
firm’ means any broker, dealer, investment adviser, or provider
of investment supervisory services (as defined in section 3
of the Securities Exchange Act of 1934 (15 U.S.C. 78c) or
section 202 of the Investment Advisers Act of 1940 (15 U.S.C.
80b–2) or a major United States commercial bank that—
‘‘(A) is headquartered in the United States; and
‘‘(B) holds for the account of others investment assets
in a total amount considered by the Secretary of the Army
to qualify the firm as a major investment management
firm.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 4356
the following new item:
‘‘4357. Acceptance of guarantees with gifts for major projects.’’.

(b) NAVAL ACADEMY.—(1) Chapter 603 of title 10, United States
Code, is amended by inserting after section 6974 the following
new section:
‘‘§ 6975. Acceptance of guarantees with gifts for major
projects
‘‘(a) ACCEPTANCE AUTHORITY.—Subject to subsection (c), the
Secretary of the Navy may accept from a donor or donors a qualified
guarantee for the completion of a major project for the benefit
of the Naval Academy.
‘‘(b) OBLIGATION AUTHORITY.—The amount of a qualified guarantee accepted under this section shall be considered as contract
authority to provide obligation authority for purposes of Federal
fiscal and contractual requirements. Funds available for a project
for which such a guarantee has been accepted may be obligated

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PUBLIC LAW 106–65—OCT. 5, 1999

and expended for the project without regard to whether the total
amount of the funds and other resources available for the project
(not taking into account the amount of the guarantee) is sufficient
to pay for completion of the project.
‘‘(c) NOTICE OF PROPOSED ACCEPTANCE.—The Secretary of the
Navy may not accept a qualified guarantee under this section
for the completion of a major project until after the expiration
of 30 days following the date upon which a report of the facts
concerning the proposed guarantee is submitted to Congress.
‘‘(d) PROHIBITION ON COMMINGLING OF FUNDS.—The Secretary
of the Navy may not enter into any contract or other transaction
involving the use of a qualified guarantee and appropriated funds
in the same contract or transaction.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) MAJOR PROJECT.—The term ‘major project’ means a
project for the purchase or other procurement of real or personal
property, or for the construction, renovation, or repair of real
or personal property, the total cost of which is, or is estimated
to be, at least $1,000,000.
‘‘(2) QUALIFIED GUARANTEE.—The term ‘qualified guarantee’, with respect to a major project, means a guarantee
that—
‘‘(A) is made by one or more persons in connection
with a donation, specifically for the project, of a total
amount in cash or securities that, as determined by the
Secretary of the Navy, is sufficient to defray a substantial
portion of the total cost of the project;
‘‘(B) is made to facilitate or expedite the completion
of the project in reasonable anticipation that other donors
will contribute sufficient funds or other resources in
amounts sufficient to pay for completion of the project;
‘‘(C) is set forth as a written agreement that provides
for the donor to furnish in cash or securities, in addition
to the donor’s other gift or gifts for the project, any additional amount that may become necessary for paying the
cost of completing the project by reason of a failure to
obtain from other donors or sources funds or other
resources in amounts sufficient to pay the cost of completing the project; and
‘‘(D) is accompanied by—
‘‘(i) an irrevocable and unconditional standby letter
of credit for the benefit of the Naval Academy that
is in the amount of the guarantee and is issued by
a major United States commercial bank; or
‘‘(ii) a qualified account control agreement.
‘‘(3) QUALIFIED ACCOUNT CONTROL AGREEMENT.—The term
‘qualified account control agreement’, with respect to a guarantee of a donor, means an agreement among the donor, the
Secretary of the Navy, and a major United States investment
management firm that—
‘‘(A) ensures the availability of sufficient funds or other
financial resources to pay the amount guaranteed during
the period of the guarantee;
‘‘(B) provides for the perfection of a security interest
in the assets of the account for the United States for
the benefit of the Naval Academy with the highest priority

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113 STAT. 875

available for liens and security interests under applicable
law;
‘‘(C) requires the donor to maintain in an account
with the investment management firm assets having a
total value that is not less than 130 percent of the amount
guaranteed; and
‘‘(D) requires the investment management firm, at any
time that the value of the account is less than the value
required to be maintained under subparagraph (C), to liquidate any noncash assets in the account and reinvest
the proceeds in Treasury bills issued under section 3104
of title 31.
‘‘(4) MAJOR UNITED STATES COMMERCIAL BANK.—The term
‘major United States commercial bank’ means a commercial
bank that—
‘‘(A) is an insured bank (as defined in section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813));
‘‘(B) is headquartered in the United States; and
‘‘(C) has net assets in a total amount considered by
the Secretary of the Navy to qualify the bank as a major
bank.
‘‘(5) MAJOR UNITED STATES INVESTMENT MANAGEMENT
FIRM.—The term ‘major United States investment management
firm’ means any broker, dealer, investment adviser, or provider
of investment supervisory services (as defined in section 3
of the Securities Exchange Act of 1934 (15 U.S.C. 78c) or
section 202 of the Investment Advisers Act of 1940 (15 U.S.C.
80b–2) or a major United States commercial bank that—
‘‘(A) is headquartered in the United States; and
‘‘(B) holds for the account of others investment assets
in a total amount considered by the Secretary of the Navy
to qualify the firm as a major investment management
firm.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 6974
the following new item:
‘‘6975. Acceptance of guarantees with gifts for major projects.’’.

(c) AIR FORCE ACADEMY.—(1) Chapter 903 of title 10, United
States Code, is amended by inserting after section 9355 the following new section:
‘‘§ 9356. Acceptance of guarantees with gifts for major
projects
‘‘(a) ACCEPTANCE AUTHORITY.—Subject to subsection (c), the
Secretary of the Air Force may accept from a donor or donors
a qualified guarantee for the completion of a major project for
the benefit of the Academy.
‘‘(b) OBLIGATION AUTHORITY.—The amount of a qualified guarantee accepted under this section shall be considered as contract
authority to provide obligation authority for purposes of Federal
fiscal and contractual requirements. Funds available for a project
for which such a guarantee has been accepted may be obligated
and expended for the project without regard to whether the total
amount of the funds and other resources available for the project
(not taking into account the amount of the guarantee) is sufficient
to pay for completion of the project.

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PUBLIC LAW 106–65—OCT. 5, 1999

‘‘(c) NOTICE OF PROPOSED ACCEPTANCE.—The Secretary of the
Air Force may not accept a qualified guarantee under this section
for the completion of a major project until after the expiration
of 30 days following the date upon which a report of the facts
concerning the proposed guarantee is submitted to Congress.
‘‘(d) PROHIBITION ON COMMINGLING OF FUNDS.—The Secretary
of the Air Force may not enter into any contract or other transaction
involving the use of a qualified guarantee and appropriated funds
in the same contract or transaction.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) MAJOR PROJECT.—The term ‘major project’ means a
project for the purchase or other procurement of real or personal
property, or for the construction, renovation, or repair of real
or personal property, the total cost of which is, or is estimated
to be, at least $1,000,000.
‘‘(2) QUALIFIED GUARANTEE.—The term ‘qualified guarantee’, with respect to a major project, means a guarantee
that—
‘‘(A) is made by one or more persons in connection
with a donation, specifically for the project, of a total
amount in cash or securities that, as determined by the
Secretary of the Air Force, is sufficient to defray a substantial portion of the total cost of the project;
‘‘(B) is made to facilitate or expedite the completion
of the project in reasonable anticipation that other donors
will contribute sufficient funds or other resources in
amounts sufficient to pay for completion of the project;
‘‘(C) is set forth as a written agreement that provides
for the donor to furnish in cash or securities, in addition
to the donor’s other gift or gifts for the project, any additional amount that may become necessary for paying the
cost of completing the project by reason of a failure to
obtain from other donors or sources funds or other
resources in amounts sufficient to pay the cost of completing the project; and
‘‘(D) is accompanied by—
‘‘(i) an irrevocable and unconditional standby letter
of credit for the benefit of the Academy that is in
the amount of the guarantee and is issued by a major
United States commercial bank; or
‘‘(ii) a qualified account control agreement.
‘‘(3) QUALIFIED ACCOUNT CONTROL AGREEMENT.—The term
‘qualified account control agreement’, with respect to a guarantee of a donor, means an agreement among the donor, the
Secretary of the Air Force, and a major United States investment management firm that—
‘‘(A) ensures the availability of sufficient funds or other
financial resources to pay the amount guaranteed during
the period of the guarantee;
‘‘(B) provides for the perfection of a security interest
in the assets of the account for the United States for
the benefit of the Academy with the highest priority available for liens and security interests under applicable law;
‘‘(C) requires the donor to maintain in an account
with the investment management firm assets having a
total value that is not less than 130 percent of the amount
guaranteed; and

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113 STAT. 877

‘‘(D) requires the investment management firm, at any
time that the value of the account is less than the value
required to be maintained under subparagraph (C), to liquidate any noncash assets in the account and reinvest
the proceeds in Treasury bills issued under section 3104
of title 31.
‘‘(4) MAJOR UNITED STATES COMMERCIAL BANK.—The term
‘major United States commercial bank’ means a commercial
bank that—
‘‘(A) is an insured bank (as defined in section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813));
‘‘(B) is headquartered in the United States; and
‘‘(C) has net assets in a total amount considered by
the Secretary of the Air Force to qualify the bank as
a major bank.
‘‘(5) MAJOR UNITED STATES INVESTMENT MANAGEMENT
FIRM.—The term ‘major United States investment management
firm’ means any broker, dealer, investment adviser, or provider
of investment supervisory services (as defined in section 3
of the Securities Exchange Act of 1934 (15 U.S.C. 78c) or
section 202 of the Investment Advisers Act of 1940 (15 U.S.C.
80b–2) or a major United States commercial bank that—
‘‘(A) is headquartered in the United States; and
‘‘(B) holds for the account of others investment assets
in a total amount considered by the Secretary of the Air
Force to qualify the firm as a major investment management firm.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 9355
the following new item:
‘‘9356. Acceptance of guarantees with gifts for major projects.’’.
SEC. 2872. ACQUISITION OF STATE-HELD INHOLDINGS, EAST RANGE
OF FORT HUACHUCA, ARIZONA.

(a) ACQUISITION AUTHORIZED.—(1) The Secretary of the Interior
may acquire by eminent domain, but with the consent of the State
of Arizona, all right, title, and interest (including any mineral
rights) of the State of Arizona in and to unimproved Arizona State
trust lands consisting of approximately 1,536.47 acres in the Fort
Huachuca East Range, Cochise County, Arizona.
(2) The Secretary may also acquire by eminent domain, but
with the consent of the State of Arizona, any trust mineral estate
of the State of Arizona located beneath the surface estates of the
United States in one or more parcels of land consisting of approximately 12,943 acres in the Fort Huachuca East Range, Cochise
County, Arizona.
(b) CONSIDERATION.—(1) Subject to subsection (c), as consideration for the acquisition by the United States of Arizona State
trust lands and mineral interests under subsection (a), the Secretary, acting through the Bureau of Land Management, may
convey to the State of Arizona all right, title, and interest of
the United States, or some lesser interest, in one or more parcels
of Federal land under the jurisdiction of the Bureau of Land
Management in the State of Arizona.
(2) The lands or interests in land to be conveyed under this
subsection shall be mutually agreed upon by the Secretary and
the State of Arizona, as provided in subsection (c)(1).

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113 STAT. 878

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(3) The value of the lands conveyed out of Federal ownership
under this subsection either shall be equal to the value of the
lands and mineral interests received by the United States under
subsection (a) or, if not, shall be equalized by a payment made
by the Secretary or the State of Arizona, as necessary.
(c) CONDITIONS ON CONVEYANCE TO STATE.—The Secretary may
make the conveyance described in subsection (b) only if—
(1) the transfer of the Federal lands to the State of Arizona
is acceptable to the State Land Commissioner; and
(2) the conveyance of lands and interests in lands under
subsection (b) is accepted by the State of Arizona as full consideration for the land and mineral rights acquired by the United
States under subsection (a) and terminates all right, title, and
interest of all parties (other than the United States) in and
to the acquired lands and mineral rights.
(d) USE OF EMINENT DOMAIN.—The Secretary may acquire the
State lands and mineral rights under subsection (a) pursuant to
the laws and regulations governing eminent domain.
(e) DETERMINATION OF FAIR MARKET VALUE.—Notwithstanding
any other provision of law, the value of lands and interests in
lands acquired or conveyed by the United States under this section
shall be determined in accordance with the Uniform Appraisal
Standards for Federal Land Acquisition, as published by the Department of Justice in 1992. The appraisal shall be subject to the
review and acceptance by the Land Department of the State of
Arizona and the Bureau of Land Management.
(f) DESCRIPTIONS OF LAND.—The exact acreage and legal
descriptions of the lands and interests in lands acquired or conveyed
by the United States under this section shall be determined by
surveys that are satisfactory to the Secretary of the Interior and
the State of Arizona.
(g) WITHDRAWAL OF ACQUIRED LANDS FOR MILITARY PURPOSES.—After acquisition, the lands acquired by the United States
under subsection (a) may be withdrawn and reserved, in accordance
with all applicable environmental laws, for use by the Secretary
of the Army for military training and testing in the same manner
as other Federal lands located in the Fort Huachuca East Range
that were withdrawn and reserved for Army use through Public
Land Order 1471 of 1957.
(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the
Interior may require such additional terms and conditions in connection with the conveyance and acquisition of lands and interests
in land under this section as the Secretary considers appropriate
to protect the interests of the United States and any valid existing
rights.
(i) COST REIMBURSEMENT.—All costs associated with the processing of the acquisition of State trust lands and mineral interests
under subsection (a) and the conveyance of public lands under
subsection (b) shall be borne by the Secretary of the Army.
SEC. 2873. ENHANCEMENT OF PENTAGON RENOVATION ACTIVITIES.

(a) RENOVATION ENHANCEMENTS.—The Secretary of Defense,
in conjunction with the Pentagon Renovation Program, may design
and construct secure secretarial office and support facilities and
make security-related enhancements to the bus and subway station
entrance at the Pentagon Reservation.

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113 STAT. 879

(b) REPORT REQUIRED.—As part of the report required under
section 2674(a) of title 10, United States Code, in 2000, the Secretary of Defense shall include the estimated cost for the planning,
design, construction, and installation of equipment for the enhancements authorized by subsection (a) and a revised estimate for
the total cost of the renovation of the Pentagon Reservation.

Subtitle F—Expansion of Arlington
National Cemetery
SEC. 2881. TRANSFER FROM NAVY ANNEX, ARLINGTON, VIRGINIA.

(a) LAND TRANSFER REQUIRED.—The Secretary of Defense shall
provide for the transfer to the Secretary of the Army of administrative jurisdiction over three parcels of real property consisting of
approximately 36 acres and known as the Navy Annex (in this
section referred to as the ‘‘Navy Annex property’’).
(b) USE OF LAND.—(1) Subject to paragraph (2), the Secretary
of the Army shall incorporate the Navy Annex property transferred
under subsection (a) into Arlington National Cemetery.
(2) The Secretary of Defense may reserve not to exceed 10
acres of the Navy Annex property (of which not more than six
acres may be north of the existing Columbia Pike) as a site for—
(A) a National Military Museum, if such site is recommended for such purpose by the Commission on the National
Military Museum established under section 2901; and
(B) such other memorials that the Secretary of Defense
considers compatible with Arlington National Cemetery.
(c) REMEDIATION OF LAND FOR CEMETERY USE.—Immediately
after the transfer of administrative jurisdiction over the Navy Annex
property, the Secretary of Defense shall provide for the removal
of any improvements on that property and shall prepare the property for use as a part of Arlington National Cemetery.
(d) ESTABLISHMENT OF MASTER PLAN.—(1) The Secretary of
Defense shall establish a master plan for the use of the Navy
Annex property transferred under subsection (a).
(2) The master plan shall take into account (A) the report
submitted by the Secretary of the Army on the expansion of
Arlington National Cemetery required at page 787 of the Joint
Explanatory Statement of the Committee of Conference to accompany the bill H.R. 3616 of the One Hundred Fifth Congress (House
Report 105–436 of the 105th Congress), and (B) the recommendation
(if any) of the Commission on the National Military Museum to
use a portion of the Navy Annex property as the site for the
National Military Museum.
(3) The master plan shall be established in consultation with
the National Capital Planning Commission and only after coordination with appropriate officials of the Commonwealth of Virginia
and of the County of Arlington, Virginia, with respect to matters
pertaining to real property under the jurisdiction of those officials
located in or adjacent to the Navy Annex property, including assessments of the effects on transportation, infrastructure, and utilities
in that county by reason of the proposed uses of the Navy Annex
property under subsection (b).
(4) Not later than 180 days after the date on which the Commission on the National Military Museum submits to Congress its

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Deadline.

PUBLIC LAW 106–65—OCT. 5, 1999

report under section 2903, the Secretary of Defense shall submit
to Congress the master plan established under this subsection.
(e) IMPLEMENTATION OF MASTER PLAN.—The Secretary of
Defense may implement the provisions of the master plan at any
time after the Secretary submits the master plan to Congress.
(f) LEGAL DESCRIPTION.—In conjunction with the development
of the master plan required by subsection (d), the Secretary of
Defense shall determine the exact acreage and legal description
of the portion of the Navy Annex property reserved under subsection
(b)(2) and of the portion transferred under subsection (a) for incorporation into Arlington National Cemetery.
(g) REPORTS.—(1) Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Army shall submit
to the Secretary of Defense a copy of the report to Congress on
the expansion of Arlington National Cemetery required at page
787 of the Joint Explanatory Statement of the Committee of Conference to accompany the bill H.R. 3616 of the One Hundred Fifth
Congress (House Report 105–736 of the 105th Congress).
(2) The Secretary of Defense shall include a description of
the use of the Navy Annex property transferred under subsection
(a) in the annual report to Congress under section 2674(a)(2) of
title 10, United States Code, on the state of the renovation of
the Pentagon Reservation.
(h) DEADLINE.—The Secretary of Defense shall complete the
transfer of administrative jurisdiction required by subsection (a)
not later than the earlier of—
(1) January 1, 2010; or
(2) the date when the Navy Annex property is no longer
required (as determined by the Secretary) for use as temporary
office space due to the renovation of the Pentagon.
SEC. 2882. TRANSFER FROM FORT MYER, ARLINGTON, VIRGINIA.

(a) LAND TRANSFER REQUIRED.—The Secretary of the Army
shall modify the boundaries of Arlington National Cemetery and
of Fort Myer to include in Arlington National Cemetery the following parcels of real property situated in Fort Myer, Arlington,
Virginia:
(1) A parcel comprising approximately five acres bounded
by the Fort Myer Post Traditional Chapel to the southwest,
McNair Road to the northwest, the Vehicle Maintenance Complex to the northeast, and the masonry wall of Arlington
National Cemetery to the southeast.
(2) A parcel comprising approximately three acres bounded
by the Vehicle Maintenance Complex to the southwest, Jackson
Avenue to the northwest, the water pumping station to the
northeast, and the masonry wall of Arlington National Cemetery to the southeast.
(b) LEGAL DESCRIPTION.—The exact acreage and legal description of the real property to be transferred under subsection (a)
shall be determined by a survey satisfactory to the Secretary.

TITLE XXIX—COMMISSION ON
NATIONAL MILITARY MUSEUM
Sec. 2901. Establishment.
Sec. 2902. Duties of Commission.

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PUBLIC LAW 106–65—OCT. 5, 1999
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

2903.
2904.
2905.
2906.
2907.
2908.
2909.

113 STAT. 881

Report.
Powers.
Commission procedures.
Personnel matters.
Miscellaneous administrative provisions.
Funding.
Termination of Commission.

SEC. 2901. ESTABLISHMENT.

10 USC 111 note.

(a) ESTABLISHMENT.—There is hereby established a commission
to be known as the ‘‘Commission on the National Military Museum’’
(in this title referred to as the ‘‘Commission’’).
(b) COMPOSITION.—(1) The Commission shall be composed of
11 voting members appointed from among individuals who have
an expertise in military or museum matters as follows:
(A) Five shall be appointed by the President.
(B) Two shall be appointed by the Speaker of the House
of Representatives, in consultation with the chairman of the
Committee on Armed Services of the House of Representatives.
(C) One shall be appointed by the minority leader of the
House of Representatives, in consultation with the ranking
member of the Committee on Armed Services of the House
of Representatives.
(D) Two shall be appointed by the majority leader of the
Senate, in consultation with the chairman of the Committee
on Armed Services of the Senate.
(E) One shall be appointed by the minority leader of the
Senate, in consultation with the ranking member of the Committee on Armed Services of the Senate.
(2) The following shall be nonvoting members of the Commission:
(A) The Secretary of Defense.
(B) The Secretary of the Army.
(C) The Secretary of the Navy.
(D) The Secretary of the Air Force.
(E) The Secretary of Transportation.
(F) The Secretary of the Smithsonian Institution.
(G) The Chairman of the National Capital Planning
Commission.
(H) The Chairperson of the Commission of Fine Arts.
(c) CHAIRMAN.—The President shall designate one of the
individuals first appointed to the Commission under subsection
(b)(1)(A) as the chairman of the Commission.
(d) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment.
(e) INITIAL ORGANIZATION REQUIREMENTS.—(1) All appointments to the Commission shall be made not later than 90 days
after the date of the enactment of this Act.
(2) The Commission shall convene its first meeting not later
than 60 days after the date as of which all members of the Commission have been appointed.
SEC. 2902. DUTIES OF COMMISSION.

President.

Deadline.

10 USC 111 note.

(a) STUDY OF NATIONAL MILITARY MUSEUM.—The Commission
shall conduct a study in order to make recommendations to Congress regarding an authorization for the construction of a national
military museum in the National Capital Area.

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(b) STUDY ELEMENTS.—In conducting the study, the Commission shall do the following:
(1) Determine whether existing military museums, historic
sites, and memorials in the United States are adequate—
(A) to provide in a cost-effective manner for display
of, and interaction with, adequately visited and adequately
preserved artifacts and representations of the Armed
Forces and of the wars in which the United States has
been engaged;
(B) to honor the service to the United States of the
active and reserve members of the Armed Forces and the
veterans of the United States;
(C) to educate current and future generations regarding
the Armed Forces and the sacrifices of members of the
Armed Forces and the Nation in furtherance of the defense
of freedom; and
(D) to foster public pride in the achievements and
activities of the Armed Forces.
(2) Determine whether adequate inventories of artifacts
and representations of the Armed Forces and of the wars in
which the United States has been engaged are available, either
in current inventories or in private or public collections, for
loan or other provision to a national military museum.
(3) Develop preliminary proposals for—
(A) the dimensions and design of a national military
museum in the National Capital Area;
(B) the location of the museum in that Area; and
(C) the approximate cost of the final design and
construction of the museum and of the costs of operating
the museum.
(c) ADDITIONAL DUTIES.—If the Commission determines to recommend that Congress authorize the construction of a national
military museum in the National Capital Area, the Commission
shall also, as a part of the study under subsection (a), do the
following:
(1) Recommend not fewer than three sites for the museum
ranked by preference.
(2) Propose a schedule for construction of the museum.
(3) Assess the potential effects of the museum on the
environment, facilities, and roadways in the vicinity of the
site or sites where the museum is proposed to be located.
(4) Recommend the percentages of funding for the museum
to be provided by the United States, State and local governments, and private sources, respectively.
(5) Assess the potential for fundraising for the museum
during the 20-year period following the authorization of
construction of the museum.
(6) Assess and recommend various governing structures
for the museum, including a governing structure that places
the museum within the Smithsonian Institution.
(d) REQUIREMENTS FOR LOCATION ON NAVY ANNEX PROPERTY.—
In the case of a recommendation under subsection (c)(1) to authorize
construction of a national military museum on the Navy Annex
property authorized for reservation for such purpose by section
2871(b), the design of the national military museum on such property shall be subject to the following requirements:

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(1) The design shall be prepared in consultation with the
Superintendent of Arlington National Cemetery.
(2) The design may not provide for access by vehicles to
the national military museum through Arlington National
Cemetery.
SEC. 2903. REPORT.

The Commission shall, not later than 12 months after the
date of its first meeting, submit to Congress a report on its findings
and conclusions under this title, including any recommendations
under section 2902.
SEC. 2904. POWERS.

10 USC 111 note.
Deadline.

10 USC 111 note.

(a) HEARINGS.—The Commission or, at its direction, any panel
or member of the Commission, may, for the purpose of carrying
out the provisions of this title, hold hearings, sit and act at times
and places, take testimony, receive evidence, and administer oaths
to the extent that the Commission or any panel or member considers
advisable.
(b) INFORMATION.—The Commission may secure directly from
the Department of Defense and any other Federal department or
agency information that the Commission considers necessary to
enable the Commission to carry out its responsibilities under this
title.
SEC. 2905. COMMISSION PROCEDURES.

10 USC 111 note.

(a) MEETINGS.—The Commission shall meet at the call of the
chairman.
(b) QUORUM.—(1) Six of the members appointed under section
2901(b)(1) shall constitute a quorum other than for the purpose
of holding hearings.
(2) The Commission shall act by resolution agreed to by a
majority of the members of the Commission.
(c) COMMISSION.—The Commission may establish panels composed of less than full membership of the Commission for the
purpose of carrying out the Commission’s duties. The actions of
each such panel shall be subject to the review and control of
the Commission. Any findings and determinations made by such
a panel shall not be considered the findings and determinations
of the Commission unless approved by the Commission.
(d) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMISSION.—
Any member or agent of the Commission may, if authorized by
the Commission, take any action which the Commission is authorized to take under this title.
SEC. 2906. PERSONNEL MATTERS.

10 USC 111 note.

(a) PAY OF MEMBERS.—Members of the Commission appointed
under section 2901(b)(1) shall serve without pay by reason of their
work on the Commission.
(b) TRAVEL EXPENSES.—The members of the Commission shall
be allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under subchapter
I of chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance of
services for the Commission.
(c) STAFF.—(1) The chairman of the Commission may, without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service, appoint a staff director

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PUBLIC LAW 106–65—OCT. 5, 1999

and such additional personnel as may be necessary to enable the
Commission to perform its duties. The appointment of a staff
director shall be subject to the approval of the Commission.
(2) The chairman of the Commission may fix the pay of the
staff director and other personnel without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay fixed under this
paragraph for the staff director may not exceed the rate payable
for level V of the Executive Schedule under section 5316 of such
title and the rate of pay for other personnel may not exceed the
maximum rate payable for grade GS–15 of the General Schedule.
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon request of the
chairman of the Commission, the head of any Federal department
or agency may detail, on a nonreimbursable basis, any personnel
of that department or agency to the Commission to assist it in
carrying out its duties.
(e) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The chairman of the Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the daily
equivalent of the annual rate of basic pay payable for level V
of the Executive Schedule under section 5316 of such title.
10 USC 111 note.

SEC. 2907. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

(a) POSTAL AND PRINTING SERVICES.—The Commission may
use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other
departments and agencies of the United States.
(b) MISCELLANEOUS ADMINISTRATIVE AND SUPPORT SERVICES.—
The Secretary of Defense shall furnish the Commission, on a
reimbursable basis, any administrative and support services
requested by the Commission.
10 USC 111 note.

SEC. 2908. FUNDING.

(a) IN GENERAL.—Funds for activities of the Commission shall
be provided from amounts appropriated for the Department of
Defense for operation and maintenance for Defense-wide activities
for fiscal year 2000.
(b) REQUEST.—Upon receipt of a written certification from the
chairman of the Commission specifying the funds required for the
activities of the Commission, the Secretary of Defense shall
promptly disburse to the Commission, from such amounts, the
funds required by the Commission as stated in such certification.
(c) AVAILABILITY OF CERTAIN FUNDS.—Of the funds available
for activities of the Commission under this section, $2,000,000 shall
be available for the activities, if any, of the Commission under
section 2902(c).
10 USC 111 note.

SEC. 2909. TERMINATION OF COMMISSION.

The Commission shall terminate 60 days after the date of
the submission of its report under section 2903.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 885

TITLE XXX—MILITARY LAND
WITHDRAWALS

Military Lands
Withdrawal Act
of 1999.

Sec. 3001. Short title.
Subtitle A—Withdrawals Generally
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

3011.
3012.
3013.
3014.
3015.
3016.
3017.
3018.
3019.
3020.
3021.
3022.
3023.

Withdrawals.
Maps and legal descriptions.
Termination of withdrawals in Military Lands Withdrawal Act of 1986.
Management of lands.
Duration of withdrawal and reservation.
Extension of initial withdrawal and reservation.
Ongoing decontamination.
Delegation.
Water rights.
Hunting, fishing, and trapping.
Mining and mineral leasing.
Use of mineral materials.
Immunity of United States.
Subtitle B—Withdrawals in Arizona

Sec. 3031. Barry M. Goldwater Range, Arizona.
Sec. 3032. Military use of Cabeza Prieta National Wildlife Refuge and Cabeza
Prieta Wilderness.
Sec. 3033. Maps and legal description.
Sec. 3034. Water rights.
Sec. 3035. Hunting, fishing, and trapping.
Sec. 3036. Use of mineral materials.
Sec. 3037. Immunity of United States.
Subtitle C—Authorization of Appropriations
Sec. 3041. Authorization of appropriations.
SEC. 3001. SHORT TITLE.

This title may be cited as the ‘‘Military Lands Withdrawal
Act of 1999’’.

Subtitle A—Withdrawals Generally
SEC. 3011. WITHDRAWALS.

(a) NAVAL AIR STATION FALLON RANGES, NEVADA.—
(1) WITHDRAWAL AND RESERVATION.—(A) Subject to valid
existing rights and except as otherwise provided in this subtitle,
the lands established at the B–16, B–17, B–19, and B–20
Ranges, as referred to in paragraph (2), and all other areas
within the boundary of such lands as depicted on the map
referred to in such paragraph which may become subject to
the operation of the public land laws, are hereby withdrawn
from all forms of appropriation under the public land laws,
including the mining laws and the mineral leasing and geothermal leasing laws.
(B) The lands and interests in lands within the boundaries
established at the Dixie Valley Training Area, as referred to
in paragraph (2), are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws
and geothermal leasing laws, but not the mineral leasing laws.
(C) The lands withdrawn by subparagraphs (A) and (B)
are reserved for use by the Secretary of the Navy for—
(i) testing and training for aerial bombing, missile
firing, and tactical maneuvering and air support; and

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113 STAT. 886

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PUBLIC LAW 106–65—OCT. 5, 1999
(ii) other defense-related purposes consistent with the
purposes specified in this subparagraph.
(2) LAND DESCRIPTION.—The public lands and interests in
lands withdrawn and reserved by this subsection comprise
approximately 204,953 acres of land in Churchill County,
Nevada, as generally depicted as ‘‘Proposed Withdrawal Land’’
and ‘‘Existing Withdrawals’’ on the map entitled ‘‘Naval Air
Station Fallon Ranges—Proposed Withdrawal of Public Lands
for Range Safety and Training Purposes’’, dated May 25, 1999,
and filed in accordance with section 3012.
(3) RELATIONSHIP TO OTHER RESERVATIONS.—
(A) B–16 RANGE.—To the extent the withdrawal and
reservation made by paragraph (1) for the B–16 Range
withdraws lands currently withdrawn and reserved for use
by the Bureau of Reclamation, the reservation made by
that paragraph shall be the primary reservation for public
safety management actions only, and the existing Bureau
of Reclamation reservation shall be the primary reservation
for all other management actions.
(B) SHOAL SITE.—The Secretary of Energy shall remain
responsible and liable for the subsurface estate and all
its activities at the ‘‘Shoal Site’’ withdrawn and reserved
by Public Land Order Number 2771, as amended by Public
Land Order Number 2834. The Secretary of the Navy shall
be responsible for the management and use of the surface
estate at the ‘‘Shoal Site’’ pursuant to the withdrawal and
reservation made by paragraph (1).
(4) WATER RIGHTS.— Effective as of the date of the enactment of this Act, the Secretary of the Navy shall ensure that
the Navy complies with the portion of the memorandum of
understanding between the Department of the Navy and the
United States Fish and Wildlife Service dated July 26, 1995,
requiring the Navy to limit water rights to the maximum
extent practicable, consistent with safety of operations, for
Naval Air Station Fallon, Nevada, currently not more than
4,402 acre-feet of water per year.
(b) NELLIS AIR FORCE RANGE, NEVADA.—
(1) DEPARTMENT OF AIR FORCE.—Subject to valid existing
rights and except as otherwise provided in this subtitle, the
public lands described in paragraph (4) are hereby withdrawn
from all forms of appropriation under the public land laws,
including the mining laws and the mineral leasing and geothermal leasing laws. Such lands are reserved for use by the
Secretary of the Air Force—
(A) as an armament and high hazard testing area;
(B) for training for aerial gunnery, rocketry, electronic
warfare, and tactical maneuvering and air support;
(C) for equipment and tactics development and testing;
and
(D) for other defense-related purposes consistent with
the purposes specified in this paragraph.
(2) DEPARTMENT OF ENERGY.—
(A) REVOCATION.—Public Land Order Number 1662,
published in the Federal Register on June 26, 1958, is
hereby revoked in its entirety.
(B) WITHDRAWAL.—Subject to valid existing rights, all
lands within the boundary of the area labeled ‘‘Pahute

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113 STAT. 887

Mesa’’ as generally depicted on the map referred to in
paragraph (4) are hereby withdrawn from all forms of
appropriation under the public land laws, including the
mining laws and the mineral leasing and geothermal
leasing laws.
(C) RESERVATION.—The lands withdrawn under
subparagraph (B) are reserved for use by the Secretary
of Energy as an integral part of the Nevada Test Site.
Other provisions of this subtitle do not apply to the land
withdrawn and reserved under this paragraph, except as
provided in section 3017.
(3) DEPARTMENT OF INTERIOR.—Notwithstanding the Desert
National Wildlife Refuge withdrawal and reservation made by
Executive Order No. 7373, dated May 20, 1936, as amended
by Public Land Order Number 4079, dated August 26, 1966,
and Public Land Order Number 7070, dated August 4, 1994,
the lands depicted as impact areas on the map referred to
in paragraph (4) are, upon completion of the transfers authorized in paragraph (5)(F)(ii), transferred to the primary jurisdiction of the Secretary of the Air Force, who shall manage the
lands in accordance with the memorandum of understanding
referred to in paragraph (5)(E). The Secretary of the Interior
shall retain secondary jurisdiction over the lands for wildlife
conservation purposes.
(4) LAND DESCRIPTION.—The public lands and interests in
lands withdrawn and reserved by paragraphs (1) and (2) comprise approximately 2,919,890 acres of land in Clark, Lincoln,
and Nye Counties, Nevada, as generally depicted on the map
entitled ‘‘Nevada Test and Training Range, Proposed Withdrawal Extension’’, dated April 22, 1999, and filed in accordance
with section 3012.
(5) DESERT NATIONAL WILDLIFE REFUGE.—
(A) MANAGEMENT.—During the period of withdrawal
and reservation of lands by this subtitle, the Secretary
of the Interior shall exercise administrative jurisdiction
over the Desert National Wildlife Refuge (except for the
lands referred to in this subsection) through the United
States Fish and Wildlife Service in accordance with the
National Wildlife Refuge System Administration Act of
1966 (16 U.S.C. 668dd et seq.), this subtitle, and other
laws applicable to the National Wildlife Refuge System.
(B) USE OF MINERAL MATERIALS.—Notwithstanding any
other provision of this subtitle or the Act of July 31, 1947
(commonly known as the Materials Act of 1947; 30 U.S.C.
601 et seq.), no mineral material resources may be obtained
from the parts of the Desert National Wildlife Refuge that
are not depicted as impact areas on the map referred
to in paragraph (4), except in accordance with the procedures set forth in the memorandum of understanding
referred to in subparagraph (E).
(C) ACCESS RESTRICTIONS.—If the Secretary of the Air
Force determines that military operations, public safety,
or national security require the closure to the public of
any road, trail, or other portion of the Desert National
Wildlife Refuge that is withdrawn by this subtitle, the
Secretary of the Interior shall take action to effect and
maintain such closure, including agreeing to amend the

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113 STAT. 888

memorandum of understanding referred to in subparagraph
(E) to establish new or enhanced surface safety zones.
(D) EFFECT OF SUBTITLE.—Neither the withdrawal
under paragraph (1) nor any other provision of this subtitle,
except this subsection and subsections (a) and (b) of section
3014, shall be construed to effect the following:
(i) The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) or any
other law related to management of the National Wildlife Refuge System.
(ii) Any Executive order or public land order in
effect on the date of the enactment of this Act with
respect to the Desert National Wildlife Refuge.
(iii) Any memorandum of understanding between
the Secretary of the Interior and the Secretary of the
Air Force concerning the joint use of lands withdrawn
for use by the Air Force within the external boundaries
of the Desert National Wildlife Refuge, except to the
extent the provisions of such memorandum of understanding are inconsistent with the provisions of this
subtitle, in which case such memorandum of understanding shall be reviewed and amended to conform
to the provisions of this title not later than 120 days
after the date of the enactment of this Act.
(E) MEMORANDUM OF UNDERSTANDING.—(i) The Secretary of the Interior, in coordination with the Secretary
of the Air Force, shall manage the portion of the Desert
National Wildlife Refuge withdrawn by this subtitle, except
for the lands referred to in paragraph (3), for the purposes
for which the refuge was established, and to support current and future military aviation training needs consistent
with the current memorandum of understanding between
the Department of the Air Force and the Department of
the Interior, including any extension or other amendment
of such memorandum of understanding as provided under
this subparagraph.
(ii) As part of the review of the existing memorandum
of understanding provided for in this paragraph, the Secretary of the Interior and the Secretary of the Air Force
shall extend the memorandum of understanding for a
period that coincides with the duration of the withdrawal
of the lands constituting Nellis Air Force Range under
this subtitle.
(iii) Nothing in this paragraph shall be construed as
prohibiting the Secretary of the Interior and the Secretary
of the Air Force from revising the memorandum of understanding at any future time should they mutually agree
to do so.
(iv) Amendments to the memorandum of understanding
shall take effect 90 days after the date on which the Secretary of the Interior submits notice of such amendments
to the Committees on Environment and Public Works,
Energy and Natural Resources, and Armed Services of
the Senate and the Committees on Resources and Armed
Services of the House of Representatives.

Effective date.

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113 STAT. 889

(F) ACQUISITION OF REPLACEMENT PROPERTY.—(i) In
addition to any other amounts authorized to be appropriated by section 3041, there are hereby authorized to
be appropriated to the Secretary of the Air Force such
sums as may be necessary for the replacement of National
Wildlife Refuge System lands in Nevada covered by this
subsection.
(ii) The Secretary of the Air Force may, using funds
appropriated pursuant to the authorization of appropriations in clause (i) to—
(I) acquire lands, waters, or interests in lands or
waters in Nevada pursuant to clause (i) which are
acceptable to the Secretary of the Interior, and transfer
such lands to the Secretary of the Interior; or
(II) transfer such funds to the Secretary of the
Interior for the purpose of acquiring such lands.
(iii) The transfers authorized by clause (ii) shall be
deemed complete upon written notification from the Secretary of the Interior to the Secretary of the Air Force
that lands, or funds, equal to the amount appropriated
pursuant to the authorization of appropriations in clause
(i) have been received by the Secretary of the Interior
from the Secretary of the Air Force.
(c) FORT GREELY AND FORT WAINWRIGHT TRAINING RANGES,
ALASKA.—
(1) WITHDRAWAL AND RESERVATION.—Subject to valid
existing rights and except as otherwise provided in this subtitle,
all lands and interests in lands within the boundaries established at the Fort Greely East and West Training Ranges
and the Yukon Training Range of Fort Wainwright, as referred
to in paragraph (2), are hereby withdrawn from all forms of
appropriation under the public land laws, including the mining
laws and the mineral leasing and geothermal leasing laws.
Such lands are reserved for use by the Secretary of the Army
for—
(A) military maneuvering, training, and equipment
development and testing;
(B) training for aerial gunnery, rocketry, electronic
warfare, and tactical maneuvering and air support; and
(C) other defense-related purposes consistent with the
purposes specified in this paragraph.
(2) LAND DESCRIPTION.—The public lands and interests in
lands withdrawn and reserved by this subsection comprise
approximately 869,862 acres of land in the Fairbanks North
Star Borough and the Unorganized Borough, Alaska, as generally depicted on the map entitled ‘‘Fort Wainwright and Fort
Greely Regional Context Map’’, dated June 3, 1987, and filed
in accordance with section 3012.
(d) MCGREGOR RANGE, FORT BLISS, NEW MEXICO.—
(1) WITHDRAWAL AND RESERVATION.—Subject to valid
existing rights and except as otherwise provided in this subtitle,
all lands and interests in lands within the boundaries established at the McGregor Range of Fort Bliss, as referred to
in paragraph (2), are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws
and the mineral leasing and geothermal leasing laws. Such
lands are reserved for use by the Secretary of the Army for—

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PUBLIC LAW 106–65—OCT. 5, 1999
(A) military maneuvering, training, and equipment
development and testing;
(B) training for aerial gunnery, rocketry, electronic
warfare, and tactical maneuvering and air support associated with the Air Force Tactical Target Complex; and
(C) other defense-related purposes consistent with the
purposes specified in this paragraph.
(2) LAND DESCRIPTION.—The public lands and interests in
lands withdrawn and reserved by this subsection comprise
608,385 acres of land in Otero County, New Mexico, as generally
depicted on the map entitled ‘‘McGregor Range Withdrawal’’,
dated June 3, 1999, and filed in accordance with section 3012.

SEC. 3012. MAPS AND LEGAL DESCRIPTIONS.

Federal Register,
publication.

(a) PUBLICATION AND FILING.—As soon as practicable after the
date of the enactment of this Act, the Secretary of the Interior
shall—
(1) publish in the Federal Register a notice containing
the legal description of the lands withdrawn and reserved by
this subtitle; and
(2) file maps and the legal descriptions of the lands withdrawn and reserved by this subtitle with the Committee on
Energy and Natural Resources of the Senate and the Committee
on Resources of the House of Representatives.
(b) TECHNICAL CORRECTIONS.—Such maps and legal descriptions shall have the same force and effect as if included in this
subtitle, except that the Secretary of the Interior may correct clerical and typographical errors in such maps and legal descriptions.
(c) AVAILABILITY FOR PUBLIC INSPECTION.—Copies of such maps
and legal descriptions shall be available for public inspection in
the offices of the Director and appropriate State Directors and
field office managers of the Bureau of Land Management, the
office of the commander, Naval Air Station Fallon, Nevada, the
offices of the Director and appropriate Regional Directors of the
United States Fish and Wildlife Service, the office of the commander, Nellis Air Force Base, Nevada, the office of the commander,
Fort Bliss, Texas, the office of the commander, Fort Greely, Alaska,
the office of the commander, Fort Wainwright, Alaska, and the
Office of the Secretary of Defense.
(d) REIMBURSEMENT.—The Secretary of Defense shall reimburse
the Secretary of the Interior for any costs incurred by the Secretary
of the Interior in implementing this section.
SEC. 3013. TERMINATION OF WITHDRAWALS IN MILITARY LANDS
WITHDRAWAL ACT OF 1986.

Except as otherwise provided in this title, the withdrawals
made by the Military Lands Withdrawal Act of 1986 (Public Law
99–606) shall terminate after November 6, 2001.
SEC. 3014. MANAGEMENT OF LANDS.

(a) MANAGEMENT BY SECRETARY OF INTERIOR.—
(1) APPLICABLE LAW.—During the period of the withdrawal
of lands under this subtitle, the Secretary of the Interior shall
manage the lands withdrawn by section 3011 pursuant to the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.), other applicable law, and this subtitle. The Secretary shall manage the lands within the Desert National Wildlife Refuge in accordance with the National Wildlife Refuge

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113 STAT. 891

System Administration Act of 1966 (16 U.S.C. 668dd et seq.)
and other applicable law. No provision of this subtitle, except
sections 3011(b)(5)(D), 3020, and 3021, shall apply to the
management of the Desert National Wildlife Refuge.
(2) ACTIVITIES AUTHORIZED.—To the extent consistent with
applicable law and Executive orders, the lands withdrawn by
section 3011 may be managed in a manner permitting—
(A) the continuation of grazing where permitted on
the date of the enactment of this Act;
(B) the protection of wildlife and wildlife habitat;
(C) the control of predatory and other animals;
(D) recreation; and
(E) the prevention and appropriate suppression of
brush and range fires resulting from nonmilitary activities.
(3) NONMILITARY USES.—
(A) IN GENERAL.—All nonmilitary use of the lands
referred to in paragraph (2), other than the uses described
in that paragraph, shall be subject to such conditions and
restrictions as may be necessary to permit the military
use of such lands for the purposes specified in or authorized
pursuant to this subtitle.
(B) LEASES, EASEMENTS, AND RIGHTS-OF-WAY.—The Secretary of the Interior may issue a lease, easement, rightof-way, or other authorization with respect to the nonmilitary use of lands referred to in paragraph (2) only
with the concurrence of the Secretary of the military
department concerned.
(b) CLOSURE TO PUBLIC.—
(1) IN GENERAL.—If the Secretary of the military department concerned determines that military operations, public
safety, or national security require the closure to public use
of any road, trail, or other portion of lands withdrawn by
this subtitle, that Secretary may take such action as that
Secretary determines necessary or desirable to effect and maintain such closure.
(2) LIMITATIONS.—Any closure under paragraph (1) shall
be limited to the minimum areas and periods which the Secretary of the military department concerned determines are
required to carry out this subsection.
(3) NOTICE.—Before and during any closure under this
subsection, the Secretary of the military department concerned
shall—
(A) keep appropriate warning notices posted; and
(B) take appropriate steps to notify the public concerning such closure.
(c) MANAGEMENT PLAN.—The Secretary of the Interior, after
consultation with the Secretary of the military department concerned, shall develop a plan for the management of each area
withdrawn by section 3011 during the period of withdrawal under
this subtitle. Each plan shall—
(1) be consistent with applicable law;
(2) be subject to the conditions and restrictions specified
in subsection (a)(3);
(3) include such provisions as may be necessary for proper
management and protection of the resources and values of
such area; and

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(4) be developed not later than two years after the date
of the enactment of this Act.
(d) BRUSH AND RANGE FIRES.—
(1) IN GENERAL.—The Secretary of the military department
concerned shall take necessary precautions to prevent and suppress brush and range fires occurring within and outside lands
withdrawn by section 3011 as a result of military activities
and may seek assistance from the Bureau of Land Management
in the suppression of such fires.
(2) ASSISTANCE.—Each memorandum of understanding
required by subsection (e) shall—
(A) require the Bureau of Land Management to provide
assistance in the suppression of fires under paragraph
(1) upon the request of the Secretary of the military department concerned; and
(B) provide for a transfer of funds from the military
department concerned to the Bureau of Land Management
as compensation for any assistance so provided.
(e) MEMORANDUM OF UNDERSTANDING.—
(1) REQUIREMENT.—The Secretary of the Interior and the
Secretary of the military department concerned shall, with
respect to each lands withdrawn by section 3011, enter into
a memorandum of understanding to implement the management plan for such lands under subsection (c).
(2) DURATION.—The duration of any memorandum of
understanding for lands withdrawn by section 3011 shall be
the same as the period of the withdrawal of such lands under
this subtitle.
(f) ADDITIONAL MILITARY USES.—
(1) IN GENERAL.—Lands withdrawn by section 3011 (except
lands within the Desert National Wildlife Refuge) may be used
for defense-related purposes other than those specified in the
applicable provisions of such section.
(2) NOTICE.—The Secretary of Defense shall promptly notify
the Secretary of the Interior in the event that lands withdrawn
by this subtitle will be used for defense-related purposes other
than those specified in the applicable provisions of section
3011.
(3) CONTENTS OF NOTICE.—A notice under paragraph (2)
shall indicate the additional use or uses involved, the proposed
duration of such use or uses, and the extent to which such
use or uses will require that additional or more stringent conditions or restrictions be imposed on otherwise permitted nonmilitary uses of the lands concerned, or portions thereof.

SEC. 3015. DURATION OF WITHDRAWAL AND RESERVATION.

(a) GENERAL TERMINATION DATE.—The withdrawal and reservation of lands by section 3011 shall terminate 25 years after
November 6, 2001, except as otherwise provided in this subtitle
and except for the withdrawals provided for under subsections
(a) and (b) of section 3011 which shall terminate 20 years after
November 6, 2001.
(b) COMMENCEMENT DATE FOR CERTAIN LANDS.—As to the lands
withdrawn for military purposes by section 3011, but not withdrawn
for military purposes by section 1 of the Military Lands Withdrawal
Act of 1986 (Public Law 99–606), the withdrawal of such lands
shall become effective on the date of the enactment of this Act.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 893

(c) OPENING DATE.—On the date of the termination of the
withdrawal and reservation of lands under this subtitle, such lands
shall not be open to any form of appropriation under the public
land laws, including the mineral laws and the mineral leasing
and geothermal leasing laws, until the Secretary of the Interior
publishes in the Federal Register an appropriate order stating
the date upon which such lands shall be restored to the public
domain and opened.

Federal Register,
publication.

SEC. 3016. EXTENSION OF INITIAL WITHDRAWAL AND RESERVATION.

(a) IN GENERAL.—Not later than three years before the termination date of the initial withdrawal and reservation of lands under
this subtitle, the Secretary of the military department concerned
shall notify Congress and the Secretary of the Interior concerning
whether the military department will have a continuing military
need after such termination date for all or any portion of such
lands.
(b) DUTIES REGARDING CONTINUING MILITARY NEED.—
(1) IN GENERAL.—If the Secretary of the military department concerned determines that there will be a continuing
military need for any lands withdrawn by this subtitle, the
Secretary of the military department concerned shall—
(A) consult with the Secretary of the Interior concerning any adjustments to be made to the extent of, or
to the allocation of management responsibility for, such
lands; and
(B) file with the Secretary of the Interior, within one
year after the notice required by subsection (a), an application for extension of the withdrawal and reservation of
such lands.
(2) APPLICATION FOR EXTENSION.—Notwithstanding any
general procedure of the Department of the Interior for processing Federal land withdrawals, an application for extension
under paragraph (1) shall be considered complete if the application includes the following:
(A) The information required by section 3 of the Engle
Act (43 U.S.C. 157), except that no information shall be
required concerning the use or development of mineral,
timber, or grazing resources unless, and to the extent,
the Secretary of the military department concerned proposes to use or develop such resources during the period
of extension.
(B) A copy of the most recent report prepared in accordance with the Sikes Act (16 U.S.C. 670 et seq.).
(c) LEGISLATIVE PROPOSALS.—The Secretary of the Interior and
the Secretary of the military department concerned shall ensure
that any legislative proposal for the extension of the withdrawal
and reservation of lands under this subtitle is submitted to Congress
not later than May 1 of the year preceding the year in which
the withdrawal and reservation of such lands would otherwise
terminate under this subtitle.
(d) NOTICE OF INTENT REGARDING RELINQUISHMENT.—If during
the period of the withdrawal and reservation of lands under this
subtitle, the Secretary of the military department concerned decides
to relinquish all or any of the lands withdrawn and reserved by
section 3011, such Secretary shall transmit a notice of intent to
relinquish such lands to the Secretary of the Interior.

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113 STAT. 894

PUBLIC LAW 106–65—OCT. 5, 1999

SEC. 3017. ONGOING DECONTAMINATION.

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(a) PROGRAM.—Throughout the duration of the withdrawal of
lands under this subtitle, the Secretary of the military department
concerned shall, to the extent funds are available for such purpose,
maintain a program of decontamination of such lands consistent
with applicable Federal and State law.
(b) REPORTS.—
(1) REQUIREMENT.—Not later than 45 days after the date
on which the President transmits to Congress the President’s
proposed budget for any fiscal year beginning after the date
of the enactment of this Act, the Secretary of each military
department shall transmit to the Committees on Appropriations, Armed Services, and Energy and Natural Resources of
the Senate and the Committees on Appropriations, Armed Services, and Resources of the House of Representatives a description of the decontamination efforts undertaken on lands under
this subtitle under the jurisdiction of such Secretary during
the previous fiscal year and the decontamination activities proposed to be undertaken on such lands during the next fiscal
year.
(2) REPORT ELEMENTS.—Each report shall specify the following:
(A) Amounts appropriated and obligated or expended
for decontamination of such lands.
(B) The methods used to decontaminate such lands.
(C) The amounts and types of decontaminants removed
from such lands.
(D) The estimated types and amounts of residual
contamination on such lands.
(E) An estimate of the costs for full decontamination
of such lands and the estimate of the time to complete
such decontamination.
(c) DECONTAMINATION BEFORE RELINQUISHMENT.—
(1) DUTIES BEFORE NOTICE OF INTENT TO RELINQUISH.—
Before transmitting a notice of intent to relinquish lands under
section 3016(d), the Secretary of Defense, acting through the
Secretary of the military department concerned, shall prepare
a written determination concerning whether and to what extent
such lands are contaminated with explosive, toxic, or other
hazardous materials.
(2) DETERMINATION ACCOMPANIES NOTICE.—A copy of any
determination prepared with respect to lands under paragraph
(1) shall be transmitted together with the notice of intent
to relinquish such lands under section 3016(d).
(3) PUBLICATION OF NOTICE AND DETERMINATION.—The Secretary of the Interior shall publish in the Federal Register
a copy of any notice of intent to relinquish and determination
concerning the contaminated state of the lands that is transmitted under this subsection.
(d) ALTERNATIVES TO DECONTAMINATION BEFORE RELINQUISHMENT.—If the Secretary of the Interior, after consultation with
the Secretary of the military department concerned, determines
that decontamination of any land which is the subject of a notice
of intent to relinquish under section 3016(d) is not practicable
or economically feasible, or that such land cannot be decontaminated
sufficiently to be opened to the operation of some or all of the
public land laws, or if Congress does not appropriate sufficient

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 895

funds for the decontamination of such land, the Secretary of the
Interior shall not be required to accept such land for relinquishment.
(e) STATUS OF CONTAMINATED LANDS.—If because of their
contaminated state the Secretary of the Interior declines to accept
jurisdiction over lands withdrawn by this subtitle which have been
proposed for relinquishment, or if at the expiration of the withdrawal of such lands by this subtitle the Secretary of the Interior
determines that some of such lands are contaminated to an extent
which prevents opening such lands to operation of the public land
laws—
(1) the Secretary of the military department concerned
shall take appropriate steps to warn the public of the contaminated state of such lands and any risks associated with entry
onto such lands;
(2) after the expiration of the withdrawal of such lands
under this subtitle, the Secretary of the military department
concerned shall undertake no activities on such lands except
in connection with decontamination of such lands; and
(3) the Secretary of the military department concerned
shall submit to the Secretary of the Interior and Congress
a report on the status of such lands and all actions taken
under this subsection.
(f) REVOCATION AUTHORITY.—
(1) AUTHORITY.—Notwithstanding any other provision of
law, the Secretary of the Interior, upon deciding that it is
in the public interest to accept jurisdiction over lands proposed
for relinquishment under section 3016(d), may revoke the withdrawal and reservation of lands under this subtitle as it applies
to such lands.
(2) ORDER.—Should a decision be made to revoke the withdrawal and reservation of lands under paragraph (1), the Secretary of the Interior shall publish in the Federal Register
an appropriate order which shall—
(A) terminate the withdrawal and reservation of such
lands under this subtitle;
(B) constitute official acceptance of full jurisdiction over
such lands by the Secretary of the Interior; and
(C) state the date on which such lands will be opened
to the operation of some or all of the public lands laws,
including the mining laws.

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SEC. 3018. DELEGATION.

(a) MILITARY DEPARTMENTS.—The functions of the Secretary
of Defense, or of the Secretary of a military department, under
this subtitle may be delegated.
(b) DEPARTMENT OF INTERIOR.—The functions of the Secretary
of the Interior under this subtitle may be delegated, except that
an order described in section 3017(f)(2) may be approved and signed
only by the Secretary of the Interior, the Under Secretary of the
Interior, or an Assistant Secretary of the Interior.
SEC. 3019. WATER RIGHTS.

Nothing in this subtitle shall be construed to establish a reservation to the United States with respect to any water or water
right on lands covered by section 3011. No provision of this subtitle
shall be construed as authorizing the appropriation of water on
lands covered by section 3011 by the United States after the date
of the enactment of this Act, except in accordance with the law

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113 STAT. 896

PUBLIC LAW 106–65—OCT. 5, 1999

of the State in which such lands are located. This section shall
not be construed to affect water rights acquired by the United
States before the date of the enactment of this Act.
SEC. 3020. HUNTING, FISHING, AND TRAPPING.

All hunting, fishing, and trapping on lands withdrawn by this
subtitle shall be conducted in accordance with the provisions of
section 2671 of title 10, United States Code, except that hunting,
fishing, and trapping within the Desert National Wildlife Refuge
shall be conducted in accordance with the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd et seq.), the
Recreation Use of Wildlife Areas Act of 1969 (16 U.S.C. 460k
et seq.), and other laws applicable to the National Wildlife Refuge
System.
SEC. 3021. MINING AND MINERAL LEASING.

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(a) DETERMINATION OF LANDS SUITABLE FOR OPENING.—
(1) DETERMINATION.—As soon as practicable after the date
of the enactment of this Act and at least every five years
thereafter, the Secretary of the Interior shall determine, with
the concurrence of the Secretary of the military department
concerned, which public and acquired lands covered by section
3011 the Secretary of the Interior considers suitable for opening
to the operation of the Mining Law of 1872, the Mineral Lands
Leasing Act of 1920, the Mineral Leasing Act for Acquired
Lands of 1947, the Geothermal Steam Act of 1970, or any
one or more of such Acts.
(2) EXCEPTIONS.—The Secretary of the Interior may not
make any determination otherwise required under paragraph
(1) with respect to lands contained within the Desert National
Wildlife Refuge in Nevada.
(3) NOTICE.—The Secretary of the Interior shall publish
a notice in the Federal Register listing the lands determined
suitable for opening under this subsection and specifying the
opening date for such lands.
(b) OPENING LANDS.—On the date specified by the Secretary
of the Interior in a notice published in the Federal Register under
subsection (a), the land identified under that subsection as suitable
for opening to the operation of one or more of the laws specified
in that subsection shall automatically be open to the operation
of such laws without the necessity for further action by the Secretary or Congress.
(c) EXCEPTION FOR COMMON VARIETIES.—No deposit of minerals
or materials of the types identified by section 3 of the Act of
July 23, 1955 (69 Stat. 367), whether or not included in the term
‘‘common varieties’’ in that Act, shall be subject to location under
the Mining Law of 1872 on lands covered by section 3011.
(d) REGULATIONS.—The Secretary of the Interior, with the
advice and concurrence of the Secretary of the military department
concerned, shall prescribe such regulations to carry out this section
as may be necessary to assure safe, uninterrupted, and unimpeded
use of the lands covered by section 3011 for military purposes.
Such regulations shall also contain guidelines to assist mining
claimants in determining how much, if any, of the surface of any
lands opened pursuant to this section may be used for purposes
incident to mining.
(e) CLOSURE OF MINING LANDS.—In the event of a national
emergency or for purposes of national defense or security, the

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 897

Secretary of the Interior, at the request of the Secretary of the
military department concerned, shall close any lands that have
been opened to mining or to mineral or geothermal leasing pursuant
to this section.
(f) LAWS GOVERNING MINING ON WITHDRAWN LANDS.—
(1) IN GENERAL.—Except as otherwise provided in this subtitle, mining claims located pursuant to this subtitle shall be
subject to the provisions of the mining laws. In the event
of a conflict between such laws and this subtitle, this subtitle
shall prevail.
(2) REGULATION UNDER FLPMA.—Any mining claim located
under this subtitle shall be subject to the provisions of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.).
(g) PATENTS.—
(1) IN GENERAL.—Patents issued pursuant to this subtitle
for locatable minerals shall convey title to locatable minerals
only, together with the right to use so much of the surface
as may be necessary for purposes incident to mining under
the guidelines for such use established by the Secretary of
the Interior by regulation.
(2) RESERVATION.—All patents referred to in paragraph
(1) shall contain a reservation to the United States of the
surface of all lands patented and of all nonlocatable minerals
on such lands.
(3) LOCATABLE MINERALS.—For purposes of this subsection,
all minerals subject to location under the Mining Law of 1872
are referred to as ‘‘locatable minerals’’.
SEC. 3022. USE OF MINERAL MATERIALS.

Notwithstanding any other provision of this subtitle (except
as provided in section 3011(b)(5)(B)), or the Act of July 31, 1947
(commonly known as the Materials Act of 1947; 30 U.S.C. 601
et seq.), the Secretary of the military department concerned may
use sand, gravel, or similar mineral material resources of the type
subject to disposition under that Act from lands withdrawn and
reserved by this subtitle if use of such resources is required for
construction needs on such lands.
SEC. 3023. IMMUNITY OF UNITED STATES.

The United States and all departments or agencies thereof
shall be held harmless and shall not be liable for any injuries
or damages to persons or property suffered in the course of any
mining or mineral or geothermal leasing activity conducted on
lands covered by section 3011.

Subtitle B—Withdrawals in Arizona
SEC. 3031. BARRY M. GOLDWATER RANGE, ARIZONA.

(a) WITHDRAWAL AND RESERVATION.—
(1) WITHDRAWAL.—Subject to valid existing rights and
except as otherwise provided in this title, all lands and interests
in lands within the boundaries established at the Barry M.
Goldwater Range, referred to in paragraph (3), are hereby
withdrawn from all forms of appropriation under the general
land laws, including the mining laws and the mineral leasing
and geothermal leasing laws, and jurisdiction over such lands

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113 STAT. 898

PUBLIC LAW 106–65—OCT. 5, 1999
and interests in lands is hereby transferred to the Secretary
of the Navy and the Secretary of the Air Force.
(2) RESERVATION.—The lands withdrawn by paragraph (1)
for the Barry M. Goldwater Range—East are reserved for use
by the Secretary of the Air Force, and for the Barry M. Goldwater Range—West are reserved for use by the Secretary of
the Navy, for—
(A) an armament and high-hazard testing area;
(B) training for aerial gunnery, rocketry, electronic
warfare, and tactical maneuvering and air support;
(C) equipment and tactics development and testing;
and
(D) other defense-related purposes consistent with the
purposes specified in this paragraph.
(3) LAND DESCRIPTION.—The public lands and interests in
lands withdrawn and reserved by this subsection comprise
approximately 1,650,200 acres of land in Maricopa, Pima, and
Yuma Counties, Arizona, as generally depicted on the map
entitled ‘‘Barry M. Goldwater Range Land Withdrawal’’, dated
June 17, 1999, and filed in accordance with section 3033.
(4) TERMINATION OF CURRENT WITHDRAWAL.—Except as
otherwise provided in section 3032, as to the lands withdrawn
by section 1(c) of the Military Lands Withdrawal Act of 1986
(Public Law 99–606), but not withdrawn for military purposes
by this section, the withdrawal of such lands under that Act
shall not terminate until after November 6, 2001, or until
the relinquishment by the Secretary of the Air Force of such
lands is accepted by the Secretary of the Interior. The withdrawal under that Act with respect to the Cabeza Prieta
National Wildlife Refuge shall terminate on the date of the
enactment of this Act.
(5) CHANGES IN USE.—The Secretary of the Navy and the
Secretary of the Air Force shall consult with the Secretary
of the Interior before using the lands withdrawn and reserved
by this section for any purpose other than the purposes specified
in paragraph (2).
(6) INDIAN TRIBES.—Nothing in this section shall be construed as altering any rights reserved for Indians by treaty
or Federal law.
(7) STUDY.—(A) The Secretary of the Interior, in coordination with the Secretary of Defense, shall conduct a study of
the lands referred to in subparagraph (C) that have important
aboriginal, cultural, environmental, or archaeological significance in order to determine the appropriate method to manage
and protect such lands following relinquishment of such lands
by the Secretary of the Air Force. The study shall consider
whether such lands can be better managed by the Federal
Government or through conveyance of such lands to another
appropriate entity.
(B) In carrying out the study required by subparagraph
(A), the Secretary of the Interior shall work with the affected
tribes and other Federal and State agencies having experience
and knowledge of the matters covered by the study, including
all applicable laws relating to the management of the resources
referred to in subparagraph (A) on the lands referred to in
that subparagraph.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 899

(C) The lands referred to in subparagraph (A) are four
tracts of land currently included within the military land withdrawal for the Barry M. Goldwater Air Force Range in the
State of Arizona, but that have been identified by the Air
Force as unnecessary for military purposes in the Air Force’s
Draft Legislative Environmental Impact Statement, dated September 1998, and are depicted in figure 2–1 at page 2–7 of
such statement, as amended by figure A at page 177 of volume
2 of the Air Force’s Final Legislative Environmental Impact
Statement, dated March 1999, as the following:
(i) Area 1 (the Sand Tank Mountains) containing
approximately 83,554 acres.
(ii) Area 9 (the Sentinel Plain) containing approximately 24,756 acres.
(iii) Area 13 (lands surrounding the Ajo Airport) containing approximately 2,779 acres.
(iv) Interstate 8 Vicinity Non-renewal Area containing
approximately 1,090 acres.
(D) Not later than one year after the date of the enactment
of this Act, the Secretary of the Interior shall submit to Congress a report containing the results of the study required
by subparagraph (A).
(b) MANAGEMENT OF WITHDRAWN AND RESERVED LANDS.—
(1) GENERAL MANAGEMENT AUTHORITY.—(A) During the
period of the withdrawal and reservation of lands by this section, the Secretary of the Navy and the Secretary of the Air
Force shall manage the lands withdrawn and reserved by this
section for the military purposes specified in this section, and
in accordance with the integrated natural resource management
plan prepared pursuant to paragraph (3).
(B) Responsibility for the natural and cultural resources
management of the lands referred to in subparagraph (A),
and the enforcement of Federal laws related thereto, shall
not transfer under that subparagraph before the earlier of—
(i) the date on which the integrated natural resources
management plan required by paragraph (3) is completed;
or
(ii) November 6, 2001.
(C) The Secretary of the Interior may, if appropriate,
transfer responsibility for the natural and cultural resources
of the lands referred to in subparagraph (A) to the Department
of the Interior pursuant to paragraph (7).
(2) ACCESS RESTRICTIONS.—(A) If the Secretary of the Navy
or the Secretary of the Air Force determines that military
operations, public safety, or national security require the closure to the public of any road, trail, or other portion of lands
withdrawn and reserved by this section, the Secretary of the
Navy or the Secretary of the Air Force may take such action
as the Secretary of the Navy or the Secretary of the Air Force
determines necessary or desirable to effect and maintain such
closure.
(B) Any closure under this paragraph shall be limited to
the minimum areas and periods that the Secretary of the
Navy or the Secretary of the Air Force determines are required
for the purposes specified in subparagraph (A).
(C) Before any nonemergency closure under this paragraph
not specified in the integrated natural resources management

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PUBLIC LAW 106–65—OCT. 5, 1999
plan required by paragraph (3), the Secretary of the Navy
or the Secretary of the Air Force shall consult with the Secretary of the Interior and, where such closure may affect tribal
lands, treaty rights, or sacred sites, the Secretary of the Navy
or the Secretary of the Air Force shall consult, at the earliest
practicable time, with affected Indian tribes.
(D) Immediately before and during any closure under this
paragraph, the Secretary of the Navy or the Secretary of the
Air Force shall post appropriate warning notices and take other
steps, as necessary, to notify the public of such closure.
(3) INTEGRATED NATURAL RESOURCES MANAGEMENT PLAN.—
(A) Not later than two years after the date of the enactment
of this Act, the Secretary of the Navy, the Secretary of the
Air Force, and the Secretary of the Interior shall jointly prepare
an integrated natural resources management plan for the lands
withdrawn and reserved by this section.
(B) The Secretary of the Navy and the Secretary of the
Interior may jointly prepare a separate plan pursuant to this
paragraph.
(C) Any disagreement concerning the contents of a plan
under this paragraph, or any subsequent amendments to the
plan, shall be resolved by the Secretary of the Navy for the
West Range and the Secretary of the Air Force for the East
Range, after consultation with the Secretary of the Interior
through the State Director, Bureau of Land Management and,
as appropriate, the Regional Director, United States Fish and
Wildlife Service. This authority may be delegated to the
installation commanders.
(D) Any plan under this paragraph shall be prepared and
implemented in accordance with the Sikes Act (16 U.S.C. 670
et seq.) and the requirements of this section.
(E) A plan under this paragraph for lands withdrawn and
reserved by this section shall—
(i) include provisions for proper management and
protection of the natural and cultural resources of such
lands, and for sustainable use by the public of such
resources to the extent consistent with the military purposes for which such lands are withdrawn and reserved
by this section;
(ii) be developed in consultation with affected Indian
tribes and include provisions that address how the Secretary of the Navy and the Secretary of the Air Force
intend to—
(I) meet the trust responsibilities of the United
States with respect to Indian tribes, lands, and rights
reserved by treaty or Federal law affected by the withdrawal and reservation;
(II) allow access to and ceremonial use of sacred
sites to the extent consistent with the military purposes
for which such lands are withdrawn and reserved;
and
(III) provide for timely consultation with affected
Indian tribes;
(iii) provide that any hunting, fishing, and trapping
on such lands be conducted in accordance with the provisions of section 2671 of title 10, United States Code;

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113 STAT. 901

(iv) provide for continued livestock grazing and agricultural out-leasing where it currently exists in accordance
with the provisions of section 2667 of title 10, United
States Code, and at the discretion of the Secretary of the
Navy or the Secretary of the Air Force, as the case may
be;
(v) identify current test and target impact areas and
related buffer or safety zones;
(vi) provide that the Secretary of the Navy and the
Secretary of the Air Force—
(I) shall take necessary actions to prevent, suppress, and manage brush and range fires occurring
within the boundaries of the Barry M. Goldwater
Range, as well as brush and range fires occurring
outside the boundaries of the Barry M. Goldwater
Range resulting from military activities; and
(II) may obligate funds appropriated or otherwise
available to the Secretaries to enter into memoranda
of understanding, and cooperative agreements that
shall reimburse the Secretary of the Interior for costs
incurred under this clause;
(vii) provide that all gates, fences, and barriers constructed on such lands after the date of the enactment
of this Act be designed and erected to allow wildlife access,
to the extent practicable and consistent with military security, safety, and sound wildlife management use;
(viii) incorporate any existing management plans pertaining to such lands, to the extent that the Secretary
of the Navy, the Secretary of the Air Force, and the Secretary of the Interior, upon reviewing such plans, mutually
determine that incorporation of such plans into a plan
under this paragraph is appropriate;
(ix) include procedures to ensure that the periodic
reviews of the plan under the Sikes Act are conducted
jointly by the Secretary of the Navy, the Secretary of the
Air Force, and the Secretary of the Interior, and that
affected States and Indian tribes, and the public, are provided a meaningful opportunity to comment upon any
substantial revisions to the plan that may be proposed;
and
(x) provide procedures to amend the plan as necessary.
(4) MEMORANDA OF UNDERSTANDING AND COOPERATIVE
AGREEMENTS.—(A) The Secretary of the Navy and the Secretary
of the Air Force may enter into memoranda of understanding
or cooperative agreements with the Secretary of the Interior
or other appropriate Federal, State, or local agencies, Indian
tribes, or other public or private organizations or institutions
for purposes of implementing an integrated natural resources
management plan prepared under paragraph (3).
(B) Any memorandum of understanding or cooperative
agreement under subparagraph (A) affecting integrated natural
resources management may be combined, where appropriate,
with any other memorandum of understanding or cooperative
agreement entered into under this subtitle, and shall not be
subject to the provisions of chapter 63 of title 31, United States
Code.

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113 STAT. 902

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PUBLIC LAW 106–65—OCT. 5, 1999
(5) PUBLIC REPORTS.—(A)(i) Concurrent with each review
of the integrated natural resources management plan under
paragraph (3) pursuant to subparagraph (E)(ix) of that paragraph, the Secretary of the Navy, the Secretary of the Air
Force, and the Secretary of the Interior shall jointly prepare
and issue a report describing changes in the condition of the
lands withdrawn and reserved by this section from the later
of the date of any previous report under this paragraph or
the date of the environmental impact statement prepared to
support this section.
(ii) Any report under clause (i) shall include a summary
of current military use of the lands referred to in that clause,
any changes in military use of the lands since the previous
report, and efforts related to the management of natural and
cultural resources and environmental remediation of the lands
during the previous five years.
(iii) Any report under this subparagraph may be combined
with any report required by the Sikes Act.
(iv) Any disagreements concerning the contents of a report
under this subparagraph shall be resolved by the Secretary
of the Navy and the Secretary of the Air Force. This authority
may be delegated to the installation commanders.
(B)(i) Before the finalization of any report under this paragraph, the Secretary of the Navy, the Secretary of the Air
Force, and the Secretary of the Interior shall invite interested
members of the public to review and comment on the report,
and shall hold at least one public meeting concerning the report
in a location or locations reasonably accessible to persons who
may be affected by management of the lands addressed by
the report.
(ii) Each public meeting under clause (i) shall be announced
not less than 15 days before the date of the meeting by
advertisements in local newspapers of general circulation,
publication of an announcement in the Federal Register, and
any other means considered necessary.
(C) The final version of any report under this paragraph
shall be made available to the public and submitted to appropriate committees of Congress.
(6) INTERGOVERNMENTAL EXECUTIVE COMMITTEE.—(A) Not
later than two years after the date of the enactment of this
Act, the Secretary of the Navy, the Secretary of the Air Force,
and the Secretary of the Interior shall, by memorandum of
understanding, establish an intergovernmental executive committee comprised of selected representatives from interested
Federal agencies, as well as at least one elected officer (or
other authorized representative) from State government and
at least one elected officer (or other authorized representative)
from each local and tribal government as may be designated
at the discretion of the Secretary of the Navy, the Secretary
of the Air Force, and the Secretary of the Interior.
(B) The intergovernmental executive committee shall be
established solely for the purpose of exchanging views, information, and advice relating to the management of the natural
and cultural resources of the lands withdrawn and reserved
by this section.

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(C) The intergovernmental executive committee shall
operate in accordance with the terms set forth in the memorandum of understanding under subparagraph (A), which shall
specify the Federal agencies and elected officers or representatives of State, local, and tribal governments to be invited to
participate.
(D) The memorandum of understanding under subparagraph (A) shall establish procedures for creating a forum for
exchanging views, information, and advice relating to the
management of natural and cultural resources on the lands
concerned, procedures for rotating the chair of the intergovernmental executive committee, and procedures for scheduling regular meetings.
(E) The Secretary of the Navy and the Secretary of
the Air Force shall, in consultation with the Secretary of the
Interior, appoint an individual to serve as coordinator of the
intergovernmental executive committee. The duties of the
coordinator shall be included in the memorandum of understanding under subparagraph (A). The coordinator shall not
be a member of the committee.
(7) TRANSFER OF MANAGEMENT RESPONSIBILITY.—(A)(i) If
the Secretary of the Interior determines that the Secretary
of the Navy or the Secretary of the Air Force has failed to
manage lands withdrawn and reserved by this section for military purposes in accordance with the integrated natural
resource management plan for such lands under paragraph
(3), and that failure to do so is resulting in significant and
verifiable degradation of the natural or cultural resources of
such lands, the Secretary of the Interior shall give the Secretary
of the Navy or the Secretary of the Air Force, as the case
may be, written notice of such determination, a description
of the deficiencies in management practices by the Secretary
of the Navy or the Secretary of the Air Force, as the case
may be, and an explanation of the methodology employed in
reaching the determination.
(ii) Not later than 60 days after the date a notification
under clause (i) is received, the Secretary of the Navy or the
Secretary of the Air Force, as the case may be, shall submit
a response to the Secretary of the Interior, which response
may include a plan of action for addressing any deficiencies
identified in the notice in the conduct of management responsibility and for preventing further significant degradation of the
natural or cultural resources of the lands concerned.
(iii) If, not earlier than three months after the date a
notification under clause (i) is received, the Secretary of the
Interior determines that deficiencies identified in the notice
are not being corrected, and that significant and verifiable
degradation of the natural or cultural resources of the lands
concerned is continuing, the Secretary of the Interior may,
not earlier than 90 days after the date on which the Secretary
of the Interior submits to the committees referred to in section
3032(d)(3) notice and a report on the determination, transfer
management responsibility for the natural and cultural
resources of such lands from the Secretary of the Navy or
the Secretary of the Air Force, as the case may be, to the
Secretary of the Interior in accordance with a schedule for
such transfer established by the Secretary of the Interior.

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PUBLIC LAW 106–65—OCT. 5, 1999
(B) After a transfer of management responsibility pursuant
to subparagraph (A), the Secretary of the Interior may transfer
management responsibility back to the Secretary of the Navy
or the Secretary of the Air Force if the Secretary of the Interior
determines that adequate procedures and plans have been
established to ensure that the lands concerned will be adequately managed by the Secretary of the Navy or the Secretary
of the Air Force, as the case may be, in accordance with the
integrated natural resources management plan for such lands
under paragraph (3).
(C) For any period during which the Secretary of the
Interior has management responsibility under this paragraph
for lands withdrawn and reserved by this section, the integrated
natural resources management plan for such lands under paragraph (3), including any amendments to the plan, shall remain
in effect, pending the development of a management plan prepared pursuant to the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.), in cooperation with the
Secretary of the Navy or the Secretary of the Air Force.
(D) Assumption by the Secretary of the Interior pursuant
to this paragraph of management responsibility for the natural
and cultural resources of lands shall not affect the use of
such lands for military purposes, and the Secretary of the
Navy or the Secretary of the Air Force, as the case may be,
shall continue to direct military activities on such lands.
(8) PAYMENT FOR SERVICES.—The Secretary of the Navy
and the Secretary of the Air Force shall assume all costs
for implementation of an integrated natural resources management plan under paragraph (3), including payment to the Secretary of the Interior under section 1535 of title 31, United
States Code, for any costs the Secretary of the Interior incurs
in providing goods or services to assist the Secretary of the
Navy or the Secretary of the Air Force, as the case may be,
in the implementation of the integrated natural resources
management plan.
(9) DEFINITIONS.—In this subsection:
(A) The term ‘‘Indian tribe’’ means an Indian or Alaska
Native tribe, band, nation, pueblo, village, or community
that the Secretary of the Interior acknowledges to exist
as an Indian tribe pursuant to the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 479 et seq.).
(B) The term ‘‘sacred site’’ means any specific, discrete,
narrowly delineated location on Federal land that is identified by an Indian tribe, or its designee, as sacred by virtue
of its established religious significance to, or ceremonial
use by, an Indian religion, but only to the extent that
the tribe or its designee, has informed the Secretary of
the Navy or the Secretary of the Air Force of the existence
of such site. Neither the Secretary of the Department of
Defense, the Secretary of the Navy, the Secretary of the
Air Force, nor the Secretary of the Interior shall be required
under section 552 of title 5, United States Code, to make
available to the public any information concerning the location, character, or use of any traditional Indian religious
or sacred site located on lands withdrawn and reserved
by this subsection.
(c) ENVIRONMENTAL REQUIREMENTS.—

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113 STAT. 905

(1) DURING WITHDRAWAL AND RESERVATION.—Throughout
the duration of the withdrawal and reservation of lands by
this section, including the duration of any renewal or extension,
and with respect both to the activities undertaken by the Secretary of the Navy and the Secretary of the Air Force on
such lands and to all activities occurring on such lands during
such times as the Secretary of the Navy and the Secretary
of the Air Force may exercise management jurisdiction over
such lands, the Secretary of the Navy and the Secretary of
the Air Force shall—
(A) be responsible for and pay all costs related to
the compliance of the Department of the Navy or the
Department of the Air Force, as the case may be, with
applicable Federal, State, and local environmental laws,
regulations, rules, and standards;
(B) carry out and maintain in accordance with the
requirements of all regulations, rules, and standards issued
by the Department of Defense pursuant to chapter 160
of title 10, United States Code, relating to the Defense
Environmental Restoration Program, the joint board on
ammunition storage established under section 172 of that
title, and Executive Order No. 12580, a program to
address—
(i) any release or substantial threat of release
attributable to military munitions (including unexploded ordnance) and other constituents; and
(ii) any release or substantial threat of release,
regardless of its source, occurring on or emanating
from such lands during the period of withdrawal and
reservation; and
(C) provide to the Secretary of the Interior a copy
of any report prepared by the Secretary of the Navy or
the Secretary of the Air Force, as the case may be, pursuant
to any Federal, State, or local environmental law, regulation, rule, or standard.
(2) BEFORE RELINQUISHMENT OR TERMINATION.—
(A) ENVIRONMENTAL REVIEW.—(i) Upon notifying the
Secretary of the Interior that the Secretary of the Navy
or the Secretary of the Air Force intends, pursuant to
subsection (f), to relinquish jurisdiction over lands withdrawn and reserved by this section, the Secretary of the
Navy or the Secretary of the Air Force shall provide to
the Secretary of the Interior an environmental baseline
survey, military range assessment, or other environmental
review characterizing the environmental condition of the
land, air, and water resources affected by the activities
undertaken by the Secretary of the Navy or the Secretary
of the Air Force, as the case may be, on and over such
lands.
(ii) If hazardous substances were stored for one year
or more, known to have been released or disposed of, or
if a substantial threat of release exists, on lands referred
to in clause (i), any environmental review under that clause
shall include notice of the type and quantity of such hazardous substances and notice of the time during which
such storage, release, substantial threat of release, or disposal took place.

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PUBLIC LAW 106–65—OCT. 5, 1999
(B) MEMORANDUM OF UNDERSTANDING.—(i) In addition
to any other requirements under this section, the Secretary
of the Navy, the Secretary of the Air Force, and the Secretary of the Interior may enter into a memorandum of
understanding to implement the environmental remediation requirements of this section.
(ii) The memorandum of understanding under clause
(i) may include appropriate, technically feasible, and mutually acceptable cleanup standards that the concerned Secretaries believe environmental remediation activities shall
achieve and a schedule for completing cleanup activities
to meet such standards.
(iii) Cleanup standards under clause (ii) shall be consistent with any legally applicable or relevant and appropriate standard, requirement, criteria, or limitation otherwise required by law.
(C) ENVIRONMENTAL REMEDIATION.—With respect to
lands to be relinquished pursuant to subsection (f), the
Secretary of the Navy or the Secretary of the Air Force
shall take all actions necessary to address any release
or substantial threat of release, regardless of its source,
occurring on or emanating from such lands during the
period of withdrawal and reservation under this section.
To the extent practicable, all such response actions shall
be taken before the termination of the withdrawal and
reservation of such lands under this section.
(D) CONSULTATION.—If the Secretary of the Interior
accepts the relinquishment of jurisdiction over any lands
withdrawn and reserved by this section before all necessary
response actions under this section have been completed,
the Secretary of the Interior shall consult with the Secretary of the Navy or the Secretary of the Air Force, as
the case may be, before undertaking or authorizing any
activities on such lands that may affect existing releases,
interfere with the installation, maintenance, or operation
of any response action, or expose any person to a safety
or health risk associated with either the releases or the
response action being undertaken.
(3) RESPONSIBILITY AND LIABILITY.—(A) The Secretary of
the Navy and the Secretary of the Air Force, and not the
Secretary of the Interior, shall be responsible for and conduct
the necessary remediation of all releases or substantial threats
of release, whether located on or emanating from lands withdrawn and reserved by this section, and whether known at
the time of relinquishment or termination or subsequently
discovered, attributable to management of the lands withdrawn
and reserved by this section by the Secretary of the Navy
or the Secretary of the Air Force, as the case may be, or
the use, management, storage, release, treatment, or disposal
of hazardous materials, hazardous substances, hazardous
wastes, pollutants, contaminants, petroleum products and their
derivatives, military munitions, or other constituents on such
lands by the Secretary of the Navy or the Secretary of the
Air Force, as the case may be.
(B) Responsibility under subparagraph (A) shall include
liability for any costs or claims asserted against the United
States for activities referred to in that subparagraph.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 907

(C) Nothing in this paragraph is intended to prevent the
United States from bringing a cost recovery, contribution, or
other action against third persons or parties the Secretary
of the Navy or the Secretary of the Air Force reasonably believes
may have contributed to a release or substantial threat of
release.
(4) OTHER FEDERAL AGENCIES.—If the Secretary of the Navy
or the Secretary of the Air Force delegates responsibility or
jurisdiction to another Federal agency over, or permits another
Federal agency to operate on, lands withdrawn and reserved
by this section, the agency shall assume all responsibility and
liability described in paragraph (3) for their activities with
respect to such lands.
(5) DEFINITIONS.—In this subsection:
(A)(i) The term ‘‘military munitions’’—
(I) means all ammunition products and components produced or used by or for the Department of
Defense or the Armed Services for national defense
and security, including military munitions under the
control of the Department of Defense, the Coast Guard,
the Department of Energy, and National Guard personnel;
(II) includes confined gaseous, liquid, and solid
propellants, explosives, pyrotechnics, chemical and riot
control agents, smokes, and incendiaries used by and
for Department of Defense components, including bulk
explosives and chemical warfare agents, chemical
munitions, rockets, guided and ballistic missiles,
bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines,
torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof; and
(III) includes nonnuclear components of nuclear
devices managed under the nuclear weapons program
of the Department of Energy after all required sanitization operations under the Atomic Energy Act of 1954
(42 U.S.C. 2011 et seq.) have been completed.
(ii) The term does not include wholly inert items,
improvised explosive devices, and nuclear weapons, nuclear
devices, and nuclear components thereof.
(B) The term ‘‘unexploded ordnance’’ means military
munitions that have been primed, fused, armed, or otherwise prepared for action, and have been fired, dropped,
launched, projected, or placed in such a manner as to
constitute a hazard or potential hazard, to operations,
installation, personnel, or material, and remain unexploded
either by malfunction, design, or other cause.
(C) The term ‘‘other constituents’’ means potentially
hazardous compounds, mixtures, or elements that are
released from military munitions or unexploded ordnance
or result from other activities on military ranges.
(d) DURATION OF WITHDRAWAL AND RESERVATIONS.—
(1) IN GENERAL.—Unless extended pursuant to subsection
(e), the withdrawal and reservation of lands by this section
shall terminate 25 years after the date of the enactment of
this Act, except as otherwise provided in subsection (f)(4).

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PUBLIC LAW 106–65—OCT. 5, 1999
(2) OPENING.—On the date of the termination of the withdrawal and reservation of lands by this section, such lands
shall not be open to any form of appropriation under the general
land laws, including the mining laws and the mineral leasing
and geothermal leasing laws, until the Secretary of the Interior
publishes in the Federal Register an appropriate order stating
the date upon which such lands shall be restored to the public
domain and opened.
(e) EXTENSION OF INITIAL WITHDRAWAL AND RESERVATION.—
(1) IN GENERAL.—Not later than three years before the
termination date of the initial withdrawal and reservation of
lands by this section, the Secretary of the Navy and the Secretary of the Air Force shall notify Congress and the Secretary
of the Interior concerning whether the Navy or Air Force,
as the case may be, will have a continuing military need,
after such termination date, for all or any portion of such
lands.
(2) DUTIES REGARDING CONTINUING MILITARY NEED.—(A)
If the Secretary of the Navy or the Secretary of the Air Force
determines that there will be a continuing military need for
any lands withdrawn by this section, the Secretary of the
Navy or the Secretary of the Air Force, as the case may be,
shall—
(i) consult with the Secretary of the Interior concerning
any adjustments to be made to the extent of, or to the
allocation of management responsibility for, such lands;
and
(ii) file with the Secretary of the Interior, not later
than one year after the notice required by paragraph (1),
an application for extension of the withdrawal and reservation of such lands.
(B) The general procedures of the Department of the
Interior for processing Federal Land withdrawals notwithstanding, any application for extension under this paragraph
shall be considered complete if it includes the following:
(i) The information required by section 3 of the Engle
Act (43 U.S.C. 157), except that no information shall be
required concerning the use or development of mineral,
timber, or grazing resources unless, and to the extent,
the Secretary of the Navy or the Secretary of the Air
Force proposes to use or develop such resources during
the period of extension.
(ii) A copy of the most recent public report prepared
in accordance with subsection (b)(5).
(3) LEGISLATIVE PROPOSALS.—The Secretary of the Interior,
the Secretary of the Navy, and the Secretary of the Air Force
shall ensure that any legislative proposal for the extension
of the withdrawal and reservation of lands under this section
is submitted to Congress not later than May 1 of the year
preceding the year in which the existing withdrawal and reservation would otherwise terminate under this section.
(f) TERMINATION AND RELINQUISHMENT.—
(1) NOTICE OF INTENT TO RELINQUISH.—At any time during
the withdrawal and reservation of lands under this section,
but not later than three years before the termination of the
withdrawal and reservation, if the Secretary of the Navy or
the Secretary of the Air Force determines that there is no

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 909

continuing military need for lands withdrawn and reserved
by this section, or any portion of such lands, the Secretary
of the Navy or the Secretary of the Air Force, as the case
may be, shall notify the Secretary of the Interior of an intent
to relinquish jurisdiction over such lands, which notice shall
specify the proposed date of relinquishment.
(2) AUTHORITY TO ACCEPT RELINQUISHMENT.—The Secretary
of the Interior may accept jurisdiction over any lands covered
by a notice of intent to relinquish jurisdiction under this subsection if the Secretary of the Interior determines that the
Secretary of the Navy or the Secretary of the Air Force has
taken the environmental response actions required under this
section.
(3) ORDER.—If the Secretary of the Interior accepts jurisdiction over lands covered by a notice of intent to relinquish
jurisdiction under this subsection before the termination date
of the withdrawal and reservation of such lands under this
section, the Secretary of the Interior shall publish in the Federal Register an appropriate order that shall—
(A) terminate the withdrawal and reservation of such
lands under this section;
(B) constitute official acceptance of administrative
jurisdiction over such lands by the Secretary of the Interior;
and
(C) state the date upon which such lands shall be
opened to the operation of the general land laws, including
the mining laws and the mineral leasing and geothermal
leasing laws, if appropriate.
(4) JURISDICTION PENDING RELINQUISHMENT.—(A) Notwithstanding the termination date, unless and until the Secretary
of the Interior accepts jurisdiction of land proposed for relinquishment under this subsection, or until the Administrator
of General Services accepts jurisdiction of such lands under
the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 251 et seq.), such lands shall remain under the
jurisdiction of the Secretary of the Navy or the Secretary of
the Air Force, as the case may be, for the limited purposes
of—
(i) environmental response actions under this section;
and
(ii) continued land management responsibilities pursuant to the integrated natural resources management plan
for such lands under subsection (b)(3).
(B) For any land that the Secretary of the Interior determines to be suitable for return to the public domain, but does
not agree with the Secretary of the Navy or the Secretary
of the Air Force that all necessary environmental response
actions under this section have been taken, the Secretary of
the Navy or the Secretary of the Air Force, as the case may
be, and the Secretary of the Interior shall resolve the dispute
in accordance with any applicable dispute resolution process.
(C) For any land that the Secretary of the Interior determines to be unsuitable for return to the public domain, the
Secretary of the Interior shall immediately notify the Administrator of General Services.
(5) SCOPE OF FUNCTIONS.—All functions described under
this subsection, including transfers, relinquishes, extensions,

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113 STAT. 910

PUBLIC LAW 106–65—OCT. 5, 1999

and other determinations, may be made on a parcel-by-parcel
basis.
(g) DELEGATIONS OF FUNCTIONS.—The functions of the Secretary of the Interior under this section may be delegated, except
that the following determinations and decisions may be approved
and signed only by the Secretary of the Interior, the Deputy Secretary of the Interior, an Assistant Secretary of the Interior, or
the Director, Bureau of Land Management:
(1) Decisions to accept transfer, relinquishment, or jurisdiction of lands under this section and to open such lands to
operation of the public land laws.
(2) Decisions to transfer management responsibility from
or to a military department pursuant to subsection (b)(7).
SEC. 3032. MILITARY USE OF CABEZA PRIETA NATIONAL WILDLIFE
REFUGE AND CABEZA PRIETA WILDERNESS.

(a) FINDINGS.—Congress makes the following findings:
(1) The historic use of the areas designated as the Cabeza
Prieta National Wildlife Refuge and the Cabeza Prieta Wilderness by the Marine Corps and the Air Force has been integral
to the effective operation of the Barry M. Goldwater Air Force
Range.
(2) Continued use of the Cabeza Prieta National Wildlife
Refuge and Cabeza Prieta Wilderness by the Marine Corps
and the Air Force to support military aviation training will
remain necessary to ensure the readiness of the Armed Forces.
(3) The historic use of the Cabeza Prieta National Wildlife
Refuge and Cabeza Prieta Wilderness by the Marine Corps
and the Air Force has coexisted for many years with the wildlife
conservation and wilderness purposes for which the refuge and
wilderness were established.
(4) The designation of the Cabeza Prieta National Wildlife
Refuge and the Cabeza Prieta Wilderness recognizes the area
as one of our nation’s most ecologically and culturally valuable
areas.
(b) MANAGEMENT AND USE OF REFUGE AND WILDERNESS.—
(1) IN GENERAL.—The Secretary of the Interior, in coordination with the Secretary of the Navy and the Secretary of the
Air Force, shall manage the Cabeza Prieta National Wildlife
Refuge and Cabeza Prieta Wilderness—
(A) for the purposes for which the refuge and wilderness were established; and
(B) to support current and future military aviation
training needs consistent with the November 21, 1994,
memorandum of understanding among the Department of
the Interior, the Department of the Navy, and the Department of the Air Force, including any extension or other
amendment of such memorandum of understanding under
this section.
(2) CONSTRUCTION.—Except as otherwise provided in this
section, nothing in this subtitle shall be construed to effect
the following:
(A) The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) or any other
law related to management of the National Wildlife Refuge
System.

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113 STAT. 911

(B) Any Executive order or public land order in effect
on the date of the enactment of this Act with respect
to the Cabeza Prieta National Wildlife Refuge.
(c) EXTENSION OF MEMORANDUM OF UNDERSTANDING.—The Secretary of the Interior, the Secretary of the Navy, and the Secretary
of the Air Force shall extend the memorandum of understanding
referred to in subsection (b)(1)(B). The memorandum of understanding shall be extended for a period that coincides with the
duration of the withdrawal and reservation of the Barry M. Goldwater Air Force Range made by section 3031.
(d) OTHER AMENDMENTS OF MEMORANDUM OF UNDERSTANDING.—
(1) AMENDMENTS TO MEET MILITARY AVIATION TRAINING
NEEDS.—(A) When determined by the Secretary of the Navy
or the Secretary of the Air Force to be essential to support
military aviation training, the Secretary of the Navy, the Secretary of the Air Force, and the Secretary of the Interior shall
negotiate amendments to the memorandum of understanding
referred to in subsection (b)(1)(B) in order—
(i) to revise existing or establish new low-level training
routes or to otherwise accommodate low-level overflight;
(ii) to establish new or enlarged areas closed to public
use as surface safety zones; or
(iii) to accommodate the maintenance, upgrade,
replacement, or installation of existing or new associated
ground instrumentation.
(B) Any amendment of the memorandum of understanding
shall be consistent with the responsibilities under law of the
Secretary of the Navy, the Secretary of the Air Force, and
the Secretary of the Interior, respectively.
(C) As provided by the existing provisions of the National
Wildlife Refuge System Improvement Act of 1997 (Public Law
105–57) and the Arizona Desert Wilderness Act of 1990 (Public
Law 101–628), amendments to the memorandum of understanding to revise existing or establish new low-level training
routes or to otherwise accommodate low-level overflight are
not subject to compatibility determinations nor precluded by
the designation of lands within the Cabeza Prieta National
Wildlife Refuge as wilderness.
(D) Amendments to the memorandum of understanding
with respect to the upgrade or replacement of existing associated ground instrumentation or the installation of new associated ground instrumentation shall not be precluded by the
existing designation of lands within the Cabeza Prieta National
Wildlife Refuge as wilderness to the extent that the Secretary
of the Interior, after consultation with the Secretary of the
Navy and the Secretary of the Air Force, determines that
such actions, considered both individually and cumulatively,
create similar or less impact than the existing ground
instrumentation permitted by the Arizona Desert Wilderness
Act of 1990.
(2) OTHER AMENDMENTS.—The Secretary of the Interior,
the Secretary of the Navy, or the Secretary of the Air Force
may initiate renegotiation of the memorandum of understanding at any time to address other needed changes, and
the memorandum of understanding may be amended to

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PUBLIC LAW 106–65—OCT. 5, 1999

accommodate such changes by the mutual consent of the parties
consistent with their respective responsibilities under law.
(3) EFFECTIVE DATE OF AMENDMENTS.—Amendments to the
memorandum of understanding shall take effect 90 days after
the date on which the Secretary of the Interior submits notice
of such amendments to the Committees on Environment and
Public Works, Energy and Natural Resources, and Armed Services of the Senate and the Committees on Resources and Armed
Services of the House of Representatives.
(e) ACCESS RESTRICTIONS.—If the Secretary of the Navy or
the Secretary of the Air Force determines that military operations,
public safety, or national security require the closure to the public
of any road, trail, or other portion of the Cabeza Prieta National
Wildlife Refuge or the Cabeza Prieta Wilderness, the Secretary
of the Interior shall take such action as is determined necessary
or desirable to effect and maintain such closure, including agreeing
to amend the memorandum of understanding to establish new
or enhanced surface safety zones.
(f) STATUS OF CONTAMINATED LANDS.—
(1) DECONTAMINATION.—Throughout the duration of the
withdrawal of the Barry M. Goldwater Range under section
3031, the Secretary of the Navy and the Secretary of the
Air Force shall, to the extent that funds are made available
for such purpose, carry out a program of decontamination of
the portion of the Cabeza Prieta National Wildlife Refuge and
the Cabeza Prieta Wilderness used for military training purposes that maintains a level of cleanup of such lands equivalent
to the level of cleanup of such lands as of the date of the
enactment of this Act. Any environmental contamination of
the Cabeza Prieta National Wildlife Refuge or the Cabeza Prieta
Wilderness caused or contributed to by the Department of
the Navy or the Department of the Air Force shall be the
responsibility of the Department of the Navy or the Department
of the Air Force, respectively, and not the responsibility of
the Department of the Interior.
(2) CONSTRUCTION.—Nothing in this subsection shall be
construed as constituting or effecting a relinquishment within
the meaning of section 8 of the Military Lands Withdrawal
Act of 1986 (Public Law 99–606).
SEC. 3033. MAPS AND LEGAL DESCRIPTION.

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113 STAT. 913

the offices of the Director and appropriate State Directors and
field office managers of the Bureau of Land Management, the
office of the commander, Luke Air Force Base, Arizona, the office
of the commander, Marine Corps Air Station, Yuma, Arizona, and
the Office of the Secretary of Defense.
(d) REIMBURSEMENT.—The Secretary of Defense shall reimburse
the Secretary of the Interior for any costs incurred by the Secretary
of the Interior in implementing this section.
(e) DELEGATIONS.—
(1) MILITARY DEPARTMENTS.—The functions of the Secretary of Defense, or of the Secretary of a military department,
under this section may be delegated.
(2) DEPARTMENT OF INTERIOR.—The functions of the Secretary of the Interior under this section may be delegated.
SEC. 3034. WATER RIGHTS.

Nothing in this subtitle shall be construed to establish a reservation to the United States with respect to any water or water
right on lands covered by section 3031 or 3032. No provision of
this subtitle shall be construed as authorizing the appropriation
of water on lands covered by section 3031 or 3032 by the United
States after the date of the enactment of this Act, except in accordance with the law of the State in which such lands are located.
This section shall not be construed to affect water rights acquired
by the United States before the date of the enactment of this
Act.
SEC. 3035. HUNTING, FISHING, AND TRAPPING.

All hunting, fishing, and trapping on lands withdrawn by this
subtitle shall be conducted in accordance with the provisions of
section 2671 of title 10, United States Code, except that hunting,
fishing, and trapping within the Cabeza Prieta National Wildlife
Refuge shall be conducted in accordance with the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C. 668dd et
seq.), the Recreation Use of Wildlife Areas Act of 1969 (16 U.S.C.
460k et seq.), and other laws applicable to the National Wildlife
Refuge System.
SEC. 3036. USE OF MINERAL MATERIALS.

Notwithstanding any other provision of this subtitle or the
Act of July 31, 1947 (commonly known as the Materials Act of
1947; 30 U.S.C. 601 et seq.), the Secretary of the military department concerned may use sand, gravel, or similar mineral material
resources of the type subject to disposition under that Act from
lands withdrawn and reserved by this subtitle if use of such
resources is required for construction needs on such lands.
SEC. 3037. IMMUNITY OF UNITED STATES.

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113 STAT. 914

PUBLIC LAW 106–65—OCT. 5, 1999

Subtitle C—Authorization of
Appropriations
SEC. 3041. AUTHORIZATION OF APPROPRIATIONS.

There are hereby authorized to be appropriated such sums
as may be necessary to carry out the purposes of this title.

DIVISION C—DEPARTMENT OF ENERGY
NATIONAL
SECURITY
AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY
NATIONAL SECURITY PROGRAMS
Sec.
Sec.
Sec.
Sec.
Sec.

3101.
3102.
3103.
3104.
3105.

3121.
3122.
3123.
3124.
3125.
3126.
3127.

Subtitle C—Program Authorizations, Restrictions, and Limitations
Sec. 3131. Prohibition on use of funds for certain activities under formerly utilized
site remedial action program.
Sec. 3132. Continuation of processing, treatment, and disposition of legacy nuclear
materials.
Sec. 3133. Nuclear weapons stockpile life extension program.
Sec. 3134. Procedures for meeting tritium production requirements.
Sec. 3135. Independent cost estimate of accelerator production of tritium.
Sec. 3136. Nonproliferation initiatives and activities.
Sec. 3137. Support of theater ballistic missile defense activities of the Department
of Defense.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 915

Sec. 3150. Notice to congressional committees of certain security and counterintelligence failures within nuclear energy defense programs.
Sec. 3151. Annual report by the President on espionage by the People’s Republic
of China.
Sec. 3152. Report on counterintelligence and security practices at national laboratories.
Sec. 3153. Report on security vulnerabilities of national laboratory computers.
Sec. 3154. Counterintelligence polygraph program.
Sec. 3155. Definitions of national laboratory and nuclear weapons production facility.
Sec. 3156. Definition of Restricted Data.
Subtitle E—Matters Relating to Personnel
Sec. 3161. Extension of authority of Department of Energy to pay voluntary separation incentive payments.
Sec. 3162. Fellowship program for development of skills critical to the Department
of Energy nuclear weapons complex.
Sec. 3163. Maintenance of nuclear weapons expertise in the Department of Defense
and Department of Energy.
Sec. 3164. Whistleblower protection program.
Subtitle F—Other Matters
Sec. 3171. Requirement for plan to improve reprogramming processes.
Sec. 3172. Integrated fissile materials management plan.
Sec. 3173. Identification in budget materials of amounts for declassification activities and limitation on expenditures for such activities.
Sec. 3174. Sense of Congress regarding technology transfer coordination for Department of Energy national laboratories.
Sec. 3175. Pilot program for project management oversight regarding Department
of Energy construction projects.
Sec. 3176. Pilot program of Department of Energy to authorize use of prior year
unobligated balances for accelerated site cleanup at Rocky Flats Environmental Technology Site, Colorado.
Sec. 3177. Proposed schedule for shipments of waste from Rocky Flats Environmental Technology Site, Colorado, to Waste Isolation Pilot Plant, New
Mexico.
Sec. 3178. Comptroller General report on closure of Rocky Flats Environmental
Technology Site, Colorado.
Sec. 3179. Extension of review of Waste Isolation Pilot Plant, New Mexico.

Subtitle A—National Security Programs
Authorizations
SEC. 3101. WEAPONS ACTIVITIES.

(a) IN GENERAL.—Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2000 for weapons
activities in carrying out programs necessary for national security
in the amount of $4,489,995,000, to be allocated as follows:
(1) STOCKPILE STEWARDSHIP.—Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year
2000 for stockpile stewardship in carrying out weapons activities necessary for national security programs in the amount
of $2,252,300,000, to be allocated as follows:
(A) For core stockpile stewardship, $1,743,500,000, to
be allocated as follows:
(i) For operation and maintenance, $1,610,355,000.
(ii) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects
authorized in prior years, and land acquisition related
thereto), $133,145,000, to be allocated as follows:
Project 00–D–103, terascale simulation
facility, Lawrence Livermore National Laboratory,
Livermore, California, $8,000,000.

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113 STAT. 916

PUBLIC LAW 106–65—OCT. 5, 1999
Project 00–D–105, strategic computing complex, Los Alamos National Laboratory, Los Alamos,
New Mexico, $26,000,000.
Project
00–D–107,
joint
computational
engineering laboratory, Sandia National Laboratories, Albuquerque, New Mexico, $1,800,000.
Project 99–D–102, rehabilitation of maintenance facility, Lawrence Livermore National Laboratory, Livermore, California, $3,900,000.
Project 99–D–103, isotope sciences facilities,
Lawrence Livermore National Laboratory, Livermore, California, $2,000,000.
Project 99–D–104, protection of real property
(roof reconstruction, Phase II), Lawrence Livermore National Laboratory, Livermore, California,
$2,400,000.
Project 99–D–105, central health physics
calibration facility, Los Alamos National Laboratory, Los Alamos, New Mexico, $1,000,000.
Project 99–D–106, model validation and
system certification test center, Sandia National
Laboratories,
Albuquerque,
New
Mexico,
$6,500,000.
Project 99–D–108, renovate existing roadways,
Nevada Test Site, Nevada, $7,005,000.
Project 97–D–102, dual-axis radiographic
hydrotest facility, Los Alamos National Laboratory, Los Alamos, New Mexico, $61,000,000.
Project 96–D–102, stockpile stewardship facilities revitalization, Phase VI, various locations,
$2,640,000.
Project 96–D–104, processing and environmental technology laboratory, Sandia National
Laboratories,
Albuquerque,
New
Mexico,
$10,900,000.
(B) For inertial fusion, $475,700,000, to be allocated
as follows:
(i) For operation and maintenance, $227,600,000.
(ii) For the following plant project (including
maintenance, restoration, planning, construction,
acquisition, and modification of facilities, and land
acquisition related thereto), $248,100,000, to be allocated as follows:
Project 96–D–111, national ignition facility,
Lawrence Livermore National Laboratory, Livermore, California, $248,100,000.
(C) For technology partnership and education,
$33,100,000, of which $14,500,000 shall be allocated for
technology partnership and $18,600,000 shall be allocated
for education.
(2) STOCKPILE MANAGEMENT.—Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year
2000 for stockpile management in carrying out weapons activities necessary for national security programs in the amount
of $2,023,300,000, to be allocated as follows:
(A) For operation and maintenance, $1,864,621,000.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 917

(B) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$158,679,000, to be allocated as follows:
Project 99–D–122, rapid reactivation, various locations, $11,700,000.
Project 99–D–127, stockpile management restructuring initiative, Kansas City Plant, Kansas City, Missouri, $17,000,000.
Project 99–D–128, stockpile management restructuring initiative, Pantex Plant consolidation, Amarillo,
Texas, $3,429,000.
Project 99–D–132, stockpile management restructuring initiative, nuclear material safeguards and security upgrades project, Los Alamos National Laboratory,
Los Alamos, New Mexico, $11,300,000.
Project 98–D–123, stockpile management restructuring initiative, tritium facility modernization and
consolidation, Savannah River Plant, Aiken, South
Carolina, $21,800,000.
Project 98–D–124, stockpile management restructuring initiative, Y–12 Plant consolidation, Oak Ridge,
Tennessee, $3,150,000.
Project 98–D–125, tritium extraction facility,
Savannah River Plant, Aiken, South Carolina,
$33,000,000.
Project 98–D–126, accelerator production of
tritium, various locations, $31,000,000.
Project 97–D–123, structural upgrades, Kansas
City Plant, Kansas City, Missouri, $4,800,000.
Project 95–D–102, chemistry and metallurgy
research upgrades project, Los Alamos National Laboratory, Los Alamos, New Mexico, $18,000,000.
Project 88–D–123, security enhancements, Pantex
Plant, Amarillo, Texas, $3,500,000.
(3) PROGRAM DIRECTION.—Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year
2000 for program direction in carrying out weapons activities
necessary for national security programs in the amount of
$241,500,000.
(b) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to subsection (a) is the sum of the amounts authorized to be appropriated in paragraphs (1) through (3) of that subsection, reduced by $27,105,000.
SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT.

(a) IN GENERAL.—Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2000 for environmental restoration and waste management in carrying out programs
necessary for national security in the amount of $5,495,868,000,
to be allocated as follows:
(1) CLOSURE PROJECTS.—For closure projects carried out
in accordance with section 3143 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104–201;

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113 STAT. 918

PUBLIC LAW 106–65—OCT. 5, 1999
110 Stat. 2836; 42 U.S.C. 7274n) in the amount of
$1,069,492,000.
(2) SITE PROJECT AND COMPLETION.—For site project and
completion in carrying out environmental restoration and waste
management activities necessary for national security programs
in the amount of $980,919,000, to be allocated as follows:
(A) For operation and maintenance, $892,629,000.
(B) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$88,290,000, to be allocated as follows:
Project 99–D–402, tank farm support services,
F&H areas, Savannah River Site, Aiken, South Carolina, $3,100,000.
Project 99–D–404, health physics instrumentation
laboratory, Idaho National Engineering and Environmental Laboratory, Idaho, $7,200,000.
Project 98–D–401, H-tank farm storm water systems upgrade, Savannah River Site, Aiken, South
Carolina, $2,977,000.
Project 98–D–453, plutonium stabilization and
handling system for plutonium finishing plant, Richland, Washington, $16,860,000.
Project 98–D–700, road rehabilitation, Idaho
National Engineering and Environmental Laboratory,
Idaho, $2,590,000.
Project 97–D–450, Actinide packaging and storage
facility, Savannah River Site, Aiken, South Carolina,
$4,000,000.
Project 97–D–470, regulatory monitoring and bioassay laboratory, Savannah River Site, Aiken, South
Carolina, $12,220,000.
Project 96–D–406, spent nuclear fuels canister
storage and stabilization facility, Richland, Washington, $24,441,000.
Project 96–D–464, electrical and utility systems
upgrade, Idaho Chemical Processing Plant, Idaho
National Engineering and Environmental Laboratory,
Idaho, $11,971,000.
Project 96–D–471, chlorofluorocarbon heating, ventilation, and air conditioning and chiller retrofit,
Savannah River Site, Aiken, South Carolina, $931,000.
Project 86–D–103, decontamination and waste
treatment facility, Lawrence Livermore National Laboratory, Livermore, California, $2,000,000.
(3) POST-2006 COMPLETION.—For post-2006 project completion in carrying out environmental restoration and waste
management activities necessary for national security programs
in the amount of $2,919,948,000, to be allocated as follows:
(A) For operation and maintenance, $2,873,697,000.
(B) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$46,251,000, to be allocated as follows:

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 919

Project 00–D–401, spent nuclear fuel treatment
and storage facility, title I and II, Savannah River
Site, Aiken, South Carolina, $7,000,000.
Project 99–D–403, privatization phase I infrastructure support, Richland, Washington, $13,988,000.
Project 97–D–402, tank farm restoration and safe
operations, Richland, Washington, $20,516,000.
Project 94–D–407, initial tank retrieval systems,
Richland, Washington, $4,060,000.
Project 93–D–187, high-level waste removal from
filled waste tanks, Savannah River Site, Aiken, South
Carolina, $8,987,000.
(4) SCIENCE AND TECHNOLOGY.—For science and technology
in carrying out environmental restoration and waste management activities necessary for national security programs in
the amount of $230,500,000.
(5) PROGRAM DIRECTION.—For program direction in carrying out environmental restoration and waste management
activities necessary for national security programs in the
amount of $339,409,000.
(b) ADJUSTMENTS.—(1) The total amount authorized to be
appropriated in subsection (a) is the sum of the amounts authorized
to be appropriated in paragraphs (1) through (5) of that subsection
reduced by $44,400,000, to be derived from environmental restoration and waste management, environment, safety, and health programs.
(2) The amount authorized to be appropriated pursuant to
subsection (a)(3)(B) is reduced by $8,300,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.

(a) IN GENERAL.—Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2000 for other
defense activities in carrying out programs necessary for national
security in the amount of $1,805,959,000, to be allocated as follows:
(1) NONPROLIFERATION AND NATIONAL SECURITY.—For nonproliferation and national security, $732,100,000, to be allocated
as follows:
(A) For verification and control technology,
$497,000,000, to be allocated as follows:
(i) For nonproliferation and verification research
and development, $221,000,000, to be allocated as follows:
(I)
For
operation
and
maintenance,
$215,000,000.
(II) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land
acquisition related thereto), $6,000,000, to be allocated as follows:
Project 00–D–192, nonproliferation and
international security center, Los Alamos
National Laboratory, Los Alamos, New
Mexico, $6,000,000.
(ii) For arms control, $276,000,000.
(B) For nuclear safeguards and security, $59,100,000.
(C) For international nuclear safety, $24,700,000.

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113 STAT. 920

PUBLIC LAW 106–65—OCT. 5, 1999

(D) For security investigations, $44,100,000.
(E) For emergency management, $21,000,000.
(F) For highly enriched uranium transparency
implementation, $15,750,000.
(G) For program direction, $90,450,000.
(2) INTELLIGENCE.—For intelligence, $36,059,000.
(3)
COUNTERINTELLIGENCE.—For
counterintelligence,
$39,200,000.
(4) WORKER AND COMMUNITY TRANSITION ASSISTANCE.—For
worker and community transition assistance, $30,000,000, to
be allocated as follows:
(A) For worker and community transition, $26,500,000.
(B) For program direction, $3,500,000.
(5) FISSILE MATERIALS CONTROL AND DISPOSITION.—For
fissile materials control and disposition, $200,000,000, to be
allocated as follows:
(A) For operation and maintenance, $129,766,000.
(B) For program direction, $7,343,000.
(C) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$62,891,000, to be allocated as follows:
Project 00–D–142, immobilization and associated
processing facility, various locations, $21,765,000.
Project 99–D–141, pit disassembly and conversion
facility, various locations, $28,751,000.
Project 99–D–143, mixed oxide fuel fabrication
facility, various locations, $12,375,000.
(6) ENVIRONMENT, SAFETY, AND HEALTH.—For environment,
safety, and health, defense, $98,000,000, to be allocated as
follows:
(A) For the Office of Environment, Safety, and Health
(Defense), $73,231,000.
(B) For program direction, $24,769,000.
(7) OFFICE OF HEARINGS AND APPEALS.—For the Office of
Hearings and Appeals, $3,000,000.
(8) NAVAL REACTORS.—For naval reactors, $677,600,000,
to be allocated as follows:
(A) For naval reactors development, $657,000,000, to
be allocated as follows:
(i) For operation and maintenance, $633,000,000.
(ii) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects
authorized in prior years, and land acquisition related
thereto), $24,000,000, to be allocated as follows:
GPN–101 general plant projects, various locations, $9,000,000.
Project 98–D–200, site laboratory/facility
upgrade, various locations, $3,000,000.
Project 90–N–102, expended core facility dry
cell project, Naval Reactors Facility, Idaho,
$12,000,000.
(B) For program direction, $20,600,000.
(b) ADJUSTMENTS.—(1) The total amount authorized to be
appropriated pursuant to subsection (a) is the sum of the amounts

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113 STAT. 921

authorized to be appropriated in paragraphs (1) through (8) of
that subsection, reduced by $10,000,000.
(2) The amount authorized to be appropriated pursuant to
subsection (a)(1)(D) is reduced by $20,000,000 to reflect an offset
provided by user organizations for security investigations.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

(a) DEFENSE NUCLEAR WASTE DISPOSAL.—Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2000 for payment to the Nuclear Waste Fund established
in section 302(c) of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10222(c)) in the amount of $112,000,000.
(b) ADJUSTMENT.—The amount authorized to be appropriated
pursuant to subsection (a) is reduced by $39,000,000.
SEC. 3105. DEFENSE
TION.

ENVIRONMENTAL

MANAGEMENT

PRIVATIZA-

(a) IN GENERAL.—Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2000 for
privatization initiatives in carrying out environmental restoration
and waste management activities necessary for national security
programs in the amount of $228,000,000, to be allocated as follows:
Project 98–PVT–2, spent nuclear fuel dry storage, Idaho
Falls, Idaho, $5,000,000.
Project 98–PVT–5, environmental management and waste
disposal, Oak Ridge, Tennessee, $20,000,000.
Project 97–PVT–1, tank waste remediation system phase
I, Hanford, Washington, $106,000,000.
Project 97–PVT–2, advanced mixed waste treatment
facility, Idaho Falls, Idaho, $110,000,000.
Project 97–PVT–3, transuranic waste treatment, Oak
Ridge, Tennessee, $12,000,000.
(b) EXPLANATION OF ADJUSTMENT.—The amount authorized to
be appropriated in subsection (a) is the sum of the amounts authorized to be appropriated for the projects in that subsection reduced
by $25,000,000 for use of prior year balances of funds for defense
environmental management privatization.

Subtitle B—Recurring General Provisions
SEC. 3121. REPROGRAMMING.

(a) IN GENERAL.—Until the Secretary of Energy submits to
the congressional defense committees the report referred to in subsection (b) and a period of 45 days has elapsed after the date
on which such committees receive the report, the Secretary may
not use amounts appropriated pursuant to this title for any
program—
(1) in amounts that exceed, in a fiscal year—
(A) 110 percent of the amount authorized for that
program by this title; or
(B) $1,000,000 more than the amount authorized for
that program by this title; or
(2) which has not been presented to, or requested of, Congress.
(b) REPORT.—(1) The report referred to in subsection (a) is
a report containing a full and complete statement of the action

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PUBLIC LAW 106–65—OCT. 5, 1999

proposed to be taken and the facts and circumstances relied upon
in support of such proposed action.
(2) In the computation of the 45-day period under subsection
(a), there shall be excluded any day on which either House of
Congress is not in session because of an adjournment of more
than 3 days to a day certain.
(c) LIMITATIONS.—(1) In no event may the total amount of
funds obligated pursuant to this title exceed the total amount
authorized to be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be used
for an item for which Congress has specifically denied funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

(a) IN GENERAL.—The Secretary of Energy may carry out any
construction project under the general plant projects authorized
by this title if the total estimated cost of the construction project
does not exceed $5,000,000.
(b) REPORT TO CONGRESS.—If, at any time during the construction of any general plant project authorized by this title, the estimated cost of the project is revised because of unforeseen cost
variations and the revised cost of the project exceeds $5,000,000,
the Secretary shall immediately furnish a complete report to the
congressional defense committees explaining the reasons for the
cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

(a) IN GENERAL.—(1) Except as provided in paragraph (2),
construction on a construction project may not be started or additional obligations incurred in connection with the project above
the total estimated cost, whenever the current estimated cost of
the construction project, which is authorized by section 3101, 3102,
or 3103, or which is in support of national security programs of
the Department of Energy and was authorized by any previous
Act, exceeds by more than 25 percent the higher of—
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project
as shown in the most recent budget justification data submitted
to Congress.
(2) An action described in paragraph (1) may be taken if—
(A) the Secretary of Energy has submitted to the congressional defense committees a report on the actions and the
circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on
which the report is received by the committees.
(3) In the computation of the 30-day period under paragraph
(2), there shall be excluded any day on which either House of
Congress is not in session because of an adjournment of more
than 3 days to a day certain.
(b) EXCEPTION.—Subsection (a) shall not apply to any construction project which has a current estimated cost of less than
$5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.

(a) TRANSFER TO OTHER FEDERAL AGENCIES.—The Secretary
of Energy may transfer funds authorized to be appropriated to
the Department of Energy pursuant to this title to other Federal
agencies for the performance of work for which the funds were

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113 STAT. 923

authorized. Funds so transferred may be merged with and be available for the same purposes and for the same period as the authorizations of the Federal agency to which the amounts are transferred.
(b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—(1) Subject
to paragraph (2), the Secretary of Energy may transfer funds
authorized to be appropriated to the Department of Energy pursuant to this title between any such authorizations. Amounts of
authorizations so transferred may be merged with and be available
for the same purposes and for the same period as the authorization
to which the amounts are transferred.
(2) Not more than five percent of any such authorization may
be transferred between authorizations under paragraph (1). No
such authorization may be increased or decreased by more than
five percent by a transfer under such paragraph.
(c) LIMITATION.—The authority provided by this section to
transfer authorizations—
(1) may only be used to provide funds for items relating
to activities necessary for national security programs that have
a higher priority than the items from which the funds are
transferred; and
(2) may not be used to provide funds for an item for
which Congress has specifically denied funds.
(d) NOTICE TO CONGRESS.—The Secretary of Energy shall
promptly notify the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives of any transfer of funds to or from authorizations under
this title.
SEC. 3125. AUTHORITY
DESIGN.

FOR

CONCEPTUAL

AND

CONSTRUCTION

(a) REQUIREMENT FOR CONCEPTUAL DESIGN.—(1) Subject to
paragraph (2) and except as provided in paragraph (3), before
submitting to Congress a request for funds for a construction project
that is in support of a national security program of the Department
of Energy, the Secretary of Energy shall complete a conceptual
design for that project.
(2) If the estimated cost of completing a conceptual design
for a construction project exceeds $3,000,000, the Secretary shall
submit to Congress a request for funds for the conceptual design
before submitting a request for funds for the construction project.
(3) The requirement in paragraph (1) does not apply to a
request for funds—
(A) for a construction project the total estimated cost of
which is less than $5,000,000; or
(B) for emergency planning, design, and construction activities under section 3126.
(b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1) Within the
amounts authorized by this title, the Secretary of Energy may
carry out construction design (including architectural and
engineering services) in connection with any proposed construction
project if the total estimated cost for such design does not exceed
$600,000.
(2) If the total estimated cost for construction design in connection with any construction project exceeds $600,000, funds for such
design must be specifically authorized by law.

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PUBLIC LAW 106–65—OCT. 5, 1999

SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND
CONSTRUCTION ACTIVITIES.

(a) AUTHORITY.—The Secretary of Energy may use any funds
available to the Department of Energy pursuant to an authorization
in this title, including those funds authorized to be appropriated
for advance planning and construction design under sections 3101,
3102, and 3103, to perform planning, design, and construction
activities for any Department of Energy national security program
construction project that, as determined by the Secretary, must
proceed expeditiously in order to protect public health and safety,
to meet the needs of national defense, or to protect property.
(b) LIMITATION.—The Secretary may not exercise the authority
under subsection (a) in the case of any construction project until
the Secretary has submitted to the congressional defense committees a report on the activities that the Secretary intends to carry
out under this section and the circumstances making such activities
necessary.
(c) SPECIFIC AUTHORITY.—The requirement of section 3125(b)(2)
does not apply to emergency planning, design, and construction
activities conducted under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE DEPARTMENT OF ENERGY.

Subject to the provisions of appropriations Acts and section
3121, amounts appropriated pursuant to this title for management
and support activities and for general plant projects are available
for use, when necessary, in connection with all national security
programs of the Department of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.

(a) IN GENERAL.—Except as provided in subsection (b), when
so specified in an appropriations Act, amounts appropriated for
operation and maintenance or for plant projects may remain available until expended.
(b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—Amounts
appropriated for program direction pursuant to an authorization
of appropriations in subtitle A shall remain available to be expended
only until the end of fiscal year 2001.
SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT
FUNDS.

(a) TRANSFER AUTHORITY FOR DEFENSE ENVIRONMENTAL
MANAGEMENT FUNDS.—The Secretary of Energy shall provide the
manager of each field office of the Department of Energy with
the authority to transfer defense environmental management funds
from a program or project under the jurisdiction of the office to
another such program or project.
(b) LIMITATIONS.—(1) Only one transfer may be made to or
from any program or project under subsection (a) in a fiscal year.
(2) The amount transferred to or from a program or project
under subsection (a) may not exceed $5,000,000 in a fiscal year.
(3) A transfer may not be carried out by a manager of a
field office under subsection (a) unless the manager determines
that the transfer is necessary to address a risk to health, safety,
or the environment or to assure the most efficient use of defense
environmental management funds at the field office.
(4) Funds transferred pursuant to subsection (a) may not be
used for an item for which Congress has specifically denied funds

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113 STAT. 925

or for a new program or project that has not been authorized
by Congress.
(c) EXEMPTION FROM REPROGRAMMING REQUIREMENTS.—The
requirements of section 3121 shall not apply to transfers of funds
pursuant to subsection (a).
(d) NOTIFICATION.—The Secretary, acting through the Assistant
Secretary of Energy for Environmental Management, shall notify
Congress of any transfer of funds pursuant to subsection (a) not
later than 30 days after such transfer occurs.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘program or project’’ means, with respect
to a field office of the Department of Energy, any of the following:
(A) A program referred to or a project listed in paragraph (2) or (3) of section 3102.
(B) A program or project not described in subparagraph
(A) that is for environmental restoration or waste management activities necessary for national security programs
of the Department, that is being carried out by the office,
and for which defense environmental management funds
have been authorized and appropriated before the date
of the enactment of this Act.
(2) The term ‘‘defense environmental management funds’’
means funds appropriated to the Department of Energy pursuant to an authorization for carrying out environmental restoration and waste management activities necessary for national
security programs.
(f) DURATION OF AUTHORITY.—The managers of the field offices
of the Department may exercise the authority provided under subsection (a) during the period beginning on October 1, 1999, and
ending on September 30, 2000.

Subtitle C—Program Authorizations,
Restrictions, and Limitations
SEC. 3131. PROHIBITION ON USE OF FUNDS FOR CERTAIN ACTIVITIES
UNDER FORMERLY UTILIZED SITE REMEDIAL ACTION
PROGRAM.

10 USC 2701
note.

Notwithstanding any other provision of law, no funds authorized to be appropriated or otherwise made available by this Act,
or by any Act authorizing appropriations for the military activities
of the Department of Defense or the defense activities of the Department of Energy for a fiscal year after fiscal year 2000, may be
obligated or expended to conduct treatment, storage, or disposal
activities at any site designated as a site under the Formerly
Utilized Site Remedial Action Program as of the date of the enactment of this Act.
SEC. 3132. CONTINUATION OF PROCESSING, TREATMENT, AND DISPOSITION OF LEGACY NUCLEAR MATERIALS.

The Secretary of Energy shall continue operations and maintain
a high state of readiness at the F-canyon and H-canyon facilities
at the Savannah River Site, Aiken, South Carolina, and shall provide the technical staff necessary to operate and so maintain such
facilities.

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113 STAT. 926
42 USC 2121
note.

Deadline.

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SEC. 3133. NUCLEAR WEAPONS STOCKPILE LIFE EXTENSION PROGRAM.

(a) PROGRAM REQUIRED.—The Secretary of Energy shall, in
consultation with the Secretary of Defense, carry out a program
to provide for the extension of the effective life of the weapons
in the nuclear weapons stockpile.
(b) ADMINISTRATIVE RESPONSIBILITY FOR PROGRAM.—(1) The
program under subsection (a) shall be carried out through the
element of the Department of Energy with responsibility for defense
programs.
(2) For each budget submitted by the President to Congress
under section 1105 of title 31, United States Code, the amounts
requested for the program shall be clearly identified in the budget
justification materials submitted to Congress in support of that
budget.
(c) PROGRAM PLAN.—As part of the program under subsection
(a), the Secretary shall develop a long-term plan for the extension
of the effective life of the weapons in the nuclear weapons stockpile.
The plan shall include the following:
(1) Mechanisms to provide for the remanufacture,
refurbishment, and modernization of each weapon design designated by the Secretary for inclusion in the enduring nuclear
weapons stockpile as of the date of the enactment of this
Act.
(2) Mechanisms to expedite the collection of information
necessary for carrying out the program, including information
relating to the aging of materials and components, new manufacturing techniques, and the replacement or substitution of
materials.
(3) Mechanisms to ensure the appropriate assignment of
roles and missions for each nuclear weapons laboratory and
production plant of the Department, including mechanisms for
allocation of workload, mechanisms to ensure the carrying out
of appropriate modernization activities, and mechanisms to
ensure the retention of skilled personnel.
(4) Mechanisms for allocating funds for activities under
the program, including allocations of funds by weapon type
and facility.
(5) An identification of the funds needed, in the current
fiscal year and in each of the next five fiscal years, to carry
out the program.
(d) ANNUAL SUBMITTAL OF PLAN.—(1) The Secretary shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives the plan developed under subsection
(c) not later than January 1, 2000. The plan shall contain the
maximum level of detail practicable.
(2) The Secretary shall submit to the committees referred to
in paragraph (1) each year after 2000, at the same time as the
submission of the budget for the fiscal year beginning in such
year under section 1105 of title 31, United States Code, an update
of the plan submitted under paragraph (1). Each update shall
contain the same level of detail as the plan submitted under paragraph (1).
(e) GAO ASSESSMENT.—Not later than 30 days after the submission of the plan under subsection (d)(1) or any update of the plan
under subsection (d)(2), the Comptroller General shall submit to
the committees referred to in subsection (d)(1) an assessment of

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 927

whether the program can be carried out under the plan or the
update (as applicable)—
(1) in the current fiscal year, given the budget for that
fiscal year; and
(2) in future fiscal years.
(f) SENSE OF CONGRESS REGARDING FUNDING OF PROGRAM.—
It is the sense of Congress that the President should include in
each budget for a fiscal year submitted to Congress under section
1105 of title 31, United States Code, sufficient funds to carry
out in the fiscal year covered by such budget the activities under
the program under subsection (a) that are specified in the most
current version of the plan for the program under this section.
SEC. 3134. PROCEDURES FOR
REQUIREMENTS.

MEETING

TRITIUM

PRODUCTION

(a) PRODUCTION OF NEW TRITIUM.—The Secretary of Energy
shall produce new tritium to meet the requirements of the Nuclear
Weapons Stockpile Memorandum at the Tennessee Valley Authority
Watts Bar or Sequoyah nuclear power plants consistent with the
Secretary’s December 22, 1998, decision document designating the
Secretary’s preferred tritium production technology.
(b) SUPPORT.—To support the method of tritium production
set forth in subsection (a), the Secretary shall design and construct
a new tritium extraction facility in the H-Area of the Savannah
River Site, Aiken, South Carolina.
(c) DESIGN AND ENGINEERING DEVELOPMENT.—The Secretary
shall—
(1) complete preliminary design and engineering development of the Accelerator Production of Tritium technology design
as a backup source of tritium to the source set forth in subsection (a) and consistent with the Secretary’s December 22,
1998, decision document; and
(2) make available those funds necessary to complete
engineering development and demonstration, preliminary
design, and detailed design of key elements of the system
consistent with the Secretary’s decision document of December
22, 1998.
SEC. 3135. INDEPENDENT
COST
ESTIMATE
PRODUCTION OF TRITIUM.

ACCELERATOR

(a) INDEPENDENT COST ESTIMATE.—(1) The Secretary of Energy
shall obtain an independent cost estimate of the accelerator production of tritium.
(2) The estimate shall be obtained from an entity not within
the Department of Energy.
(3) The estimate shall be conducted at the highest possible
level of detail, but in no event at a level of detail below that
currently defined by the Secretary as Type III, ‘‘parametric estimate’’.
(b) REPORT.—Not later than April 1, 2000, the Secretary shall
submit to the congressional defense committees a report on the
independent cost estimate obtained pursuant to subsection (a).

Deadline.

SEC. 3136. NONPROLIFERATION INITIATIVES AND ACTIVITIES.

(a) INITIATIVE FOR PROLIFERATION PREVENTION PROGRAM.—(1)
Not more than 35 percent of the funds available in any fiscal
year after fiscal year 1999 for the Initiatives for Proliferation
Prevention program (IPP) may be obligated or expended by the

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113 STAT. 928

Reports.
Deadline.

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PUBLIC LAW 106–65—OCT. 5, 1999

Department of Energy national laboratories to carry out or provide
oversight of any activities under that program.
(2)(A) None of the funds available in any fiscal year after
fiscal year 1999 for the Initiatives for Proliferation Prevention program may be used to increase or otherwise supplement the pay
or benefits of a scientist or engineer if the scientist or engineer—
(i) is currently engaged in activities directly related to
the design, development, production, or testing of chemical
or biological weapons or a missile system to deliver such
weapons; or
(ii) was not formerly engaged in activities directly related
to the design, development, production, or testing of weapons
of mass destruction or a missile system to deliver such weapons.
(B) None of the funds available in any fiscal year after fiscal
year 1999 for the Initiatives for Proliferation Prevention program
may be made available to an institute if the institute—
(i) is currently involved in activities described in subparagraph (A)(i); or
(ii) was not formerly involved in activities described in
subparagraph (A)(ii).
(3)(A) No funds available for the Initiatives for Proliferation
Prevention program may be provided to an institute or scientist
under the program if the Secretary of Energy determines that
the institute or scientist has made a scientific or business contact
in any way associated with or related to weapons of mass destruction with a representative of a country of proliferation concern.
(B) For purposes of this paragraph, the term ‘‘country of proliferation concern’’ means any country so designated by the Director
of Central Intelligence for purposes of the Initiatives for Proliferation Prevention program.
(4)(A) The Secretary of Energy shall prescribe procedures for
the review of projects under the Initiatives for Proliferation Prevention program. The purpose of the review shall be to ensure the
following:
(i) That the military applications of such projects, and
any information relating to such applications, is not inadvertently transferred or utilized for military purposes.
(ii) That activities under the projects are not redirected
toward work relating to weapons of mass destruction.
(iii) That the national security interests of the United
States are otherwise fully considered before the commencement
of the projects.
(B) Not later than 30 days after the date on which the Secretary
prescribes the procedures required by subparagraph (A), the Secretary shall submit to Congress a report on the procedures. The
report shall set forth a schedule for the implementation of the
procedures.
(5)(A) The Secretary shall evaluate the projects carried out
under the Initiatives for Proliferation Prevention program for
commercial purposes to determine whether or not such projects
are likely to achieve their intended commercial objectives.
(B) If the Secretary determines as a result of the evaluation
that a project is not likely to achieve its intended commercial
objective, the Secretary shall terminate the project.
(6) Funds appropriated for the Initiatives for Proliferation
Prevention program may not be used to pay any tax or customs
duty levied by the government of the Russian Federation. In the

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113 STAT. 929

event payment of such a tax or customs duty with such funds
is unavoidable, the Secretary of Energy shall—
(A) after such payment, submit a report to the congressional defense committees explaining the particular circumstances making such payment under the Initiatives for
Proliferation Prevention program with such funds unavoidable;
and
(B) ensure that sufficient additional funds are provided
to the Initiatives for Proliferation Prevention Program to offset
the amount of such payment.
(b) NUCLEAR CITIES INITIATIVE.—(1) No amounts authorized
to be appropriated by this title for the Nuclear Cities Initiative
may be obligated or expended for purposes of the initiative until
the Secretary of Energy certifies to Congress that Russia has agreed
to close some of its facilities engaged in work on weapons of mass
destruction.
(2) Notwithstanding a certification under paragraph (1),
amounts authorized to be appropriated by this title for the Nuclear
Cities Initiative may not be obligated or expended for purposes
of providing assistance under the initiative to more than three
nuclear cities, and more than two serial production facilities, in
Russia in fiscal year 2000.
(3)(A) The Secretary shall conduct a study of the potential
economic effects of each commercial program proposed under the
Nuclear Cities Initiative before providing assistance for the conduct
of the program. The study shall include an assessment regarding
whether or not the mechanisms for job creation under each program
are likely to lead to the creation of the jobs intended to be created
by that program.
(B) If the Secretary determines as a result of the study that
the intended commercial benefits of a program are not likely to
be achieved, the Secretary may not provide assistance for the conduct of that program.
(4) Not later than January 1, 2000, the Secretary shall submit
to Congress a report describing the participation in or contribution
to the Nuclear Cities Initiative of each department and agency
of the United States Government that participates in or contributes
to the initiative. The report shall describe separately any interagency participation in or contribution to the initiative.
(c) REPORT.—(1) Not later than January 1, 2000, the Secretary
of Energy shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives a report on the Initiatives for Proliferation
Prevention program and the Nuclear Cities Initiative.
(2) The report shall include the following:
(A) A strategic plan for the Initiatives for Proliferation
Prevention program and for the Nuclear Cities Initiative, which
shall establish objectives for the program or initiative, as the
case may be, and means for measuring the achievement of
such objectives.
(B) A list of the most successful projects under the Initiatives for Proliferation Prevention program, including for each
such project the name of the institute and scientists who are
participating or have participated in the project, the number
of jobs created through the project, and the manner in which
the project has met the nonproliferation objectives of the United
States.

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113 STAT. 930

PUBLIC LAW 106–65—OCT. 5, 1999

(C) A list of the institutes and scientists associated with
weapons of mass destruction programs or other defense-related
programs in the states of the former Soviet Union that the
Department seeks to engage in commercial work under the
Initiatives for Proliferation Prevention program or the Nuclear
Cities Initiative, including—
(i) a description of the work performed by such
institutes and scientists under such weapons of mass
destruction programs or other defense-related programs;
and
(ii) a description of any work proposed to be performed
by such institutes and scientists under the Initiatives for
Proliferation Prevention program or the Nuclear Cities Initiative.
(d) NUCLEAR CITIES INITIATIVE DEFINED.—For purposes of this
section, the term ‘‘Nuclear Cities Initiative’’ means the initiative
arising pursuant to the March 1998 discussions between the Vice
President of the United States and the Prime Minister of the
Russian Federation and between the Secretary of Energy of the
United States and the Minister of Atomic Energy of the Russian
Federation.
SEC. 3137. SUPPORT OF THEATER BALLISTIC MISSILE DEFENSE
ACTIVITIES OF THE DEPARTMENT OF DEFENSE.

(a) FUNDS TO CARRY OUT CERTAIN BALLISTIC MISSILE DEFENSE
ACTIVITIES.—Of the amounts authorized to be appropriated to the
Department of Energy pursuant to section 3101, $25,000,000 shall
be available for research, development, and demonstration activities
to support the mission of the Ballistic Missile Defense Organization
of the Department of Defense, including the following activities:
(1) Technology development, concept demonstration, and
integrated testing to improve reliability and reduce risk in
hit-to-kill interceptors for theater ballistic missile defense.
(2) Support for science and engineering teams to address
technical problems identified by the Director of the Ballistic
Missile Defense Organization as critical to acquisition of a
theater ballistic missile defense capability.
(b) MEMORANDUM OF UNDERSTANDING.—The activities referred
to in subsection (a) shall be carried out under the memorandum
of understanding entered into by the Secretary of Energy and
the Secretary of Defense for the use of national laboratories for
ballistic missile defense programs, as required by section 3131
of the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105–85; 111 Stat. 2034).
(c) METHOD OF FUNDING.—Funds for activities referred to in
subsection (a) may be provided—
(1) by direct payment from funds available pursuant to
subsection (a); or
(2) in the case of such an activity carried out by a national
laboratory but paid for by the Ballistic Missile Defense
Organization, through a method under which the Secretary
of Energy waives any requirement for the Department of
Defense to pay any indirect expenses (including overhead and
federal administrative charges) of the Department of Energy
or its contractors.

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PUBLIC LAW 106–65—OCT. 5, 1999

Subtitle D—Matters
guards, Security,
ligence

113 STAT. 931

Relating to Safeand Counterintel-

SEC. 3141. SHORT TITLE.

This subtitle may be cited as the ‘‘Department of Energy Facilities Safeguards, Security, and Counterintelligence Enhancement
Act of 1999’’.
SEC. 3142. COMMISSION ON SAFEGUARDS, SECURITY, AND COUNTERINTELLIGENCE AT DEPARTMENT OF ENERGY FACILITIES.

Department of
Energy Facilities
Safeguards,
Security,
and Counterintelligence
Enhancement
Act of 1999.
42 USC 7383
note.

42 USC 7383.

(a) ESTABLISHMENT.—There is hereby established a commission
to be known as the Commission on Safeguards, Security, and
Counterintelligence at Department of Energy Facilities (in this
section referred to as the ‘‘Commission’’).
(b) MEMBERSHIP AND ORGANIZATION.—(1) The Commission shall
be composed of nine members appointed from among individuals
in the public and private sectors who have significant experience
in matters related to the security of nuclear weapons and materials,
the classification of information, or counterintelligence matters, as
follows:
(A) Two shall be appointed by the chairman of the Committee on Armed Services of the Senate, in consultation with
the ranking member of that Committee.
(B) One shall be appointed by the ranking member of
the Committee on Armed Services of the Senate, in consultation
with the chairman of that Committee.
(C) Two shall be appointed by the chairman of the Committee on Armed Services of the House of Representatives,
in consultation with the ranking member of that Committee.
(D) One shall be appointed by the ranking member of
the Committee on Armed Services of the House of Representatives, in consultation with the chairman of that Committee.
(E) One shall be appointed by the Secretary of Defense.
(F) One shall be appointed by the Director of the Federal
Bureau of Investigation.
(G) One shall be appointed by the Director of Central
Intelligence.
(2) Members of the Commission shall be appointed for four
year terms, except as follows:
(A) One member initially appointed under paragraph (1)(A)
shall serve a term of two years, to be designated at the time
of appointment.
(B) One member initially appointed under paragraph (1)(C)
shall serve a term of two years, to be designated at the time
of appointment.
(C) The member initially appointed under paragraph (1)(E)
shall serve a term of two years.
(3) Any vacancy in the Commission shall be filled in the same
manner as the original appointment and shall not affect the powers
of the Commission.
(4)(A) After five members of the Commission have been
appointed under paragraph (1), the chairman of the Committee
on Armed Services of the Senate, in consultation with the chairman

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PUBLIC LAW 106–65—OCT. 5, 1999

of the Committee on Armed Services of the House of Representatives, shall designate the chairman of the Commission from among
the members appointed under paragraph (1)(A).
(B) The chairman of the Commission may be designated once
five members of the Commission have been appointed under paragraph (1).
(5) The initial members of the Commission shall be appointed
not later than 60 days after the date of the enactment of this
Act.
(6) The members of the Commission shall establish procedures
for the activities of the Commission, including procedures for calling
meetings, requirements for quorums, and the manner of taking
votes.
(7) The Commission shall meet not less often than once every
three months.
(8) The Commission may commence its activities under this
section upon the designation of the chairman of the Commission
under paragraph (4).
(c) DUTIES.—(1) The Commission shall, in accordance with this
section, review the safeguards, security, and counterintelligence
activities (including activities relating to information management,
computer security, and personnel security) at Department of Energy
facilities to—
(A) determine the adequacy of those activities to ensure
the security of sensitive information, processes, and activities
under the jurisdiction of the Department against threats to
the disclosure of such information, processes, and activities;
and
(B) make recommendations for actions the Commission
determines as being necessary to ensure that such security
is achieved and maintained.
(2) The activities of the Commission under paragraph (1) shall
include the following:
(A) An analysis of the sufficiency of the Design Threat
Basis documents as a basis for the allocation of resources
for safeguards, security, and counterintelligence activities at
the Department facilities in light of applicable guidance with
respect to such activities, including applicable laws, Department of Energy orders, Presidential Decision Directives, and
Executive orders.
(B) Visits to Department facilities to assess the adequacy
of the safeguards, security, and counterintelligence activities
at such facilities.
(C) Evaluations of specific concerns set forth in Department
reports regarding the status of safeguards, security, or counterintelligence activities at particular Department facilities or at
facilities throughout the Department.
(D) Reviews of relevant laws, Department orders, and other
requirements relating to safeguards, security, and counterintelligence activities at Department facilities.
(E) Any other activities relating to safeguards, security,
and counterintelligence activities at Department facilities that
the Secretary of Energy considers appropriate.
(d) REPORT.—(1) Not later than February 15 each year, the
Commission shall submit to the Secretary of Energy and to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report on

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the activities of the Commission during the preceding year. The
report shall be submitted in unclassified form, but may include
a classified annex.
(2) Each report—
(A) shall describe the activities of the Commission during
the year covered by the report;
(B) shall set forth proposals for any changes in safeguards,
security, or counterintelligence activities at Department of
Energy facilities that the Commission considers appropriate
in light of such activities; and
(C) may include any other recommendations for legislation
or administrative action that the Commission considers appropriate.
(e) PERSONNEL MATTERS.—(1)(A) Each member of the Commission who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of title 5, United States Code, for
each day (including travel time) during which such member is
engaged in the performance of the duties of the Commission.
(B) All members of the Commission who are officers or
employees of the United States shall serve without compensation
by reason of their service on the Commission.
(2) The members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or
regular places of business in the performance of services for the
Commission.
(3)(A) The Commission may, without regard to the civil service
laws and regulations, appoint and terminate such personnel as
may be necessary to enable the Commission to perform its duties.
(B) The Commission may fix the compensation of the personnel
of the Commission without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule pay
rates.
(4) Any officer or employee of the United States may be detailed
to the Commission without reimbursement, and such detail shall
be without interruption or loss of civil service status or privilege.
(5) The members and employees of the Commission shall hold
security clearances appropriate for the matters considered by the
Commission in the discharge of its duties under this section.
(f) APPLICABILITY OF FACA.—The provisions of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
activities of the Commission.
(g) FUNDING.—(1) From amounts authorized to be appropriated
by sections 3101 and 3103, the Secretary of Energy shall make
available to the Commission not more than $1,000,000 for the
activities of the Commission under this section.
(2) Amounts made available to the Commission under this
subsection shall remain available until expended.
(h) TERMINATION OF DEPARTMENT OF ENERGY SECURITY
MANAGEMENT BOARD.—(1) Section 3161 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111
Stat. 2048; 42 U.S.C. 7251 note) is repealed.

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42 USC 7274m
note.

PUBLIC LAW 106–65—OCT. 5, 1999

(2) Section 3162 of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 2049; 42 U.S.C.
7274 note) is amended—
(A) by striking ‘‘(a) IN GENERAL.—’’; and
(B) by striking subsection (b).
SEC. 3143. BACKGROUND INVESTIGATIONS OF CERTAIN PERSONNEL
AT DEPARTMENT OF ENERGY FACILITIES.

(a) IN GENERAL.—The Secretary of Energy shall ensure that
an investigation meeting the requirements of section 145 of the
Atomic Energy Act of 1954 (42 U.S.C. 2165) is made for each
Department of Energy employee, or contractor employee, at a
national laboratory or nuclear weapons production facility who—
(1) carries out duties or responsibilities in or around a
location where Restricted Data is present; or
(2) has or may have regular access to a location where
Restricted Data is present.
(b) COMPLIANCE.—The Secretary shall have 15 months from
the date of the enactment of this Act to meet the requirement
in subsection (a).
SEC. 3144. CONDUCT OF SECURITY CLEARANCES.

42 USC 2165
note.

Deadline.

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(a) RESPONSIBILITY OF FEDERAL BUREAU OF INVESTIGATION.—
Subsection e. of section 145 of the Atomic Energy Act of 1954
(42 U.S.C. 2165) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘If’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) In the case of an individual employed in a program known
as a Special Access Program or a Personnel Security and Assurance
Program, any investigation required by subsections a., b., and c.
of this section shall be made by the Federal Bureau of Investigation.’’.
(b) COMPLIANCE.—The Director of the Federal Bureau of Investigation shall have 18 months from the date of the enactment
of this Act to meet the responsibilities of the Bureau under subsection e.(2) of section 145 of the Atomic Energy Act of 1954,
as added by subsection (a).
(c) REPORT.—(1) Not later than six months after the date of
the enactment of this Act, the Director of the Federal Bureau
of Investigation shall submit to the committees specified in paragraph (2) a report on the implementation of the responsibilities
of the Bureau under subsection e.(2) of that section. That report
shall include the following:
(A) An assessment of the capability of the Bureau to execute
the additional clearance requirements, to include additional
post-initial investigations.
(B) An estimate of the additional resources required, to
include funding, to support the expanded use of the Bureau
to conduct the additional investigations.
(C) The extent to which contractor personnel are and would
be used in the clearance process.
(2) The committees referred to in paragraph (1) are the following:
(A) The Committee on Armed Services and the Select Committee on Intelligence of the Senate.
(B) The Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of Representatives.

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113 STAT. 935

SEC. 3145. PROTECTION OF CLASSIFIED INFORMATION DURING LABORATORY-TO-LABORATORY EXCHANGES.

42 USC 7383b.

(a) PROVISION OF TRAINING.—The Secretary of Energy shall
ensure that all Department of Energy employees and Department
of Energy contractor employees participating in laboratory-to-laboratory cooperative exchange activities are fully trained in matters
relating to the protection of classified information and to potential
espionage and counterintelligence threats.
(b) COUNTERING OF ESPIONAGE AND INTELLIGENCE-GATHERING
ABROAD.—(1) The Secretary shall establish a pool of Department
employees and Department contractor employees who are specially
trained to counter threats of espionage and intelligence-gathering
by foreign nationals against Department employees and Department
contractor employees who travel abroad for laboratory-to-laboratory
exchange activities or other cooperative exchange activities on
behalf of the Department.
(2) The Director of Counterintelligence of the Department of
Energy may assign at least one employee from the pool established
under paragraph (1) to accompany a group of Department employees
or Department contractor employees who travel to any nation designated to be a sensitive country for laboratory-to-laboratory
exchange activities or other cooperative exchange activities on
behalf of the Department.
SEC. 3146. RESTRICTIONS ON ACCESS TO NATIONAL LABORATORIES
BY FOREIGN VISITORS FROM SENSITIVE COUNTRIES.

(a) BACKGROUND REVIEW REQUIRED.—The Secretary of Energy
may not admit to any facility of a national laboratory other than
areas accessible to the general public any individual who is a
citizen or agent of a nation that is named on the current sensitive
countries list unless the Secretary first completes a background
review with respect to that individual.
(b) MORATORIUM PENDING CERTIFICATION.—(1) During the
period described in paragraph (2), the Secretary may not admit
to any facility of a national laboratory other than areas accessible
to the general public any individual who is a citizen or agent
of a nation that is named on the current sensitive countries list.
(2) The period referred to in paragraph (1) is the period beginning 30 days after the date of the enactment of this Act and
ending on the later of the following:
(A) The date that is 90 days after the date of the enactment
of this Act.
(B) The date that is 45 days after the date on which
the Secretary submits to Congress the certifications described
in paragraph (3).
(3) The certifications referred to in paragraph (2) are one certification each by the Director of Counterintelligence of the Department
of Energy, the Director of the Federal Bureau of Investigation,
and the Director of Central Intelligence, of each of the following:
(A) That the foreign visitors program at that facility complies with applicable orders, regulations, and policies of the
Department of Energy relating to the safeguarding and security
of sensitive information and fulfills any counterintelligence
requirements arising under such orders, regulations, and policies.

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PUBLIC LAW 106–65—OCT. 5, 1999

(B) That the foreign visitors program at that facility complies with Presidential Decision Directives and similar requirements relating to the safeguarding and security of sensitive
information and fulfills any counterintelligence requirements
arising under such Directives or requirements.
(C) That the foreign visitors program at that facility
includes adequate protections against the inadvertent release
of Restricted Data, information important to the national security of the United States, and any other sensitive information
the disclosure of which might harm the interests of the United
States.
(D) That the foreign visitors program at that facility does
not pose an undue risk to the national security interests of
the United States.
(c) WAIVER OF MORATORIUM.—(1) The Secretary of Energy may
waive the prohibition in subsection (b) on a case-by-case basis
with respect to any specific individual or any specific delegation
of individuals whose admission to a national laboratory is determined by the Secretary to be in the interest of the national security
of the United States.
(2) Not later than the seventh day of the month following
a month in which a waiver is made, the Secretary shall submit
a report in writing providing notice of each waiver made in that
month to the following:
(A) The Committee on Armed Services and the Select Committee on Intelligence of the Senate.
(B) The Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of Representatives.
(3) Each such report shall be in classified form and shall
contain the identity of each individual or delegation for whom
such a waiver was made and, with respect to each such individual
or delegation, the following information:
(A) A detailed justification for the waiver.
(B) For each individual with respect to whom a background
review was conducted, whether the background review determined that negative information exists with respect to that
individual.
(C) The Secretary’s certification that the admission of that
individual or delegation to a national laboratory is in the
interest of the national security of the United States.
(4) The authority of the Secretary under paragraph (1) may
be delegated only to the Director of Counterintelligence of the
Department of Energy.
(d) EXCEPTION TO MORATORIUM FOR CERTAIN INDIVIDUALS.—
The moratorium under subsection (b) shall not apply to any person
who—
(1) is, on the date of the enactment of this Act, an employee
or assignee of the Department of Energy, or of a contractor
of the Department; and
(2) has undergone a background review in accordance with
subsection (a).
(e) EXCEPTION TO MORATORIUM FOR CERTAIN PROGRAMS.—The
moratorium under subsection (b) shall not apply—
(1) to activities relating to cooperative threat reduction
with states of the former Soviet Union; or

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113 STAT. 937

(2) to the materials protection control and accounting program of the Department.
(f) SENSE OF CONGRESS REGARDING BACKGROUND REVIEWS.—
It is the sense of Congress that the Secretary of Energy, the Director
of the Federal Bureau of Investigation, and the Director of Central
Intelligence should ensure that background reviews carried out
under this section are completed in not more than 15 days.
(g) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘background review’’, commonly known as
an indices check, means a review of information provided by
the Director of Central Intelligence and the Director of the
Federal Bureau of Investigation regarding personal background,
including information relating to any history of criminal activity
or to any evidence of espionage.
(2) The term ‘‘sensitive countries list’’ means the list prescribed by the Secretary of Energy known as the Department
of Energy List of Sensitive Countries as in effect on January
1, 1999.
SEC. 3147. DEPARTMENT OF ENERGY REGULATIONS RELATING TO
THE SAFEGUARDING AND SECURITY OF RESTRICTED
DATA.

(a) IN GENERAL.—Chapter 18 of title I of the Atomic Energy
Act of 1954 (42 U.S.C. 2271 et seq.) is amended by inserting
after section 234A the following new section:
‘‘SEC. 234B. CIVIL MONETARY PENALTIES FOR VIOLATIONS OF
DEPARTMENT OF ENERGY REGULATIONS REGARDING SECURITY OF
CLASSIFIED OR SENSITIVE INFORMATION OR DATA.—
‘‘a. Any person who has entered into a contract or agreement
with the Department of Energy, or a subcontract or subagreement
thereto, and who violates (or whose employee violates) any
applicable rule, regulation, or order prescribed or otherwise issued
by the Secretary pursuant to this Act relating to the safeguarding
or security of Restricted Data or other classified or sensitive
information shall be subject to a civil penalty of not to exceed
$100,000 for each such violation.
‘‘b. The Secretary shall include in each contract with a contractor of the Department provisions which provide an appropriate
reduction in the fees or amounts paid to the contractor under
the contract in the event of a violation by the contractor or contractor employee of any rule, regulation, or order relating to the
safeguarding or security of Restricted Data or other classified or
sensitive information. The provisions shall specify various degrees
of violations and the amount of the reduction attributable to each
degree of violation.
‘‘c. The powers and limitations applicable to the assessment
of civil penalties under section 234A, except for subsection d. of
that section, shall apply to the assessment of civil penalties under
this section.
‘‘d. In the case of an entity specified in subsection d. of section
234A—
‘‘(1) the assessment of any civil penalty under subsection
a. against that entity may not be made until the entity enters
into a new contract with the Department of Energy or an
extension of a current contract with the Department; and
‘‘(2) the total amount of civil penalties under subsection
a. in a fiscal year may not exceed the total amount of fees

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113 STAT. 938

42 USC 2282b.

PUBLIC LAW 106–65—OCT. 5, 1999

paid by the Department of Energy to that entity in that fiscal
year.’’.
(b) APPLICABILITY.—Subsection a. of section 234B of the Atomic
Energy Act of 1954, as added by subsection (a), applies to any
violation after the date of the enactment of this Act.
(c) CLARIFYING AMENDMENT.—The section heading of section
234A of such Act (42 U.S.C. 2282a) is amended by inserting
‘‘SAFETY’’ before ‘‘REGULATIONS’’.
(d) CLERICAL AMENDMENT.—The table of sections for that Act
is amended by inserting after the item relating to section 234
the following new items:
‘‘Sec. 234A. Civil Monetary Penalties for Violations of Department of Energy Safety
Regulations.
‘‘Sec. 234B. Civil Monetary Penalties for Violations of Department of Energy Regulations Regarding Security of Classified or Sensitive Information or
Data.’’.
SEC. 3148. INCREASED PENALTIES FOR MISUSE OF RESTRICTED
DATA.

(a) COMMUNICATION OF RESTRICTED DATA.—Section 224 of the
Atomic Energy Act of 1954 (42 U.S.C. 2274) is amended—
(1) in clause a., by striking ‘‘$20,000’’ and inserting
‘‘$100,000’’; and
(2) in clause b., by striking ‘‘$10,000’’ and inserting
‘‘$500,000’’.
(b) RECEIPT OF RESTRICTED DATA.—Section 225 of such Act
(42 U.S.C. 2275) is amended by striking ‘‘$20,000’’ and inserting
‘‘$100,000’’.
(c) DISCLOSURE OF RESTRICTED DATA.—Section 227 of such
Act (42 U.S.C. 2277) is amended by striking ‘‘$2,500’’ and inserting
‘‘$12,500’’.
50 USC 435 note.

SEC. 3149. SUPPLEMENT TO PLAN FOR DECLASSIFICATION OF
RESTRICTED DATA AND FORMERLY RESTRICTED DATA.

(a) SUPPLEMENT TO PLAN.—The Secretary of Energy and the
Archivist of the United States shall, after consultation with the
members of the National Security Council and in consultation with
the Secretary of Defense and the heads of other appropriate Federal
agencies, develop a supplement to the plan required under subsection (a) of section 3161 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112
Stat. 2260; 50 U.S.C. 435 note).
(b) CONTENTS OF SUPPLEMENT.—The supplement shall provide
for the application of that plan (including in particular the element
of the plan required by section 3161(b)(1) of that Act) to all records
subject to Executive Order No. 12958 that were determined before
the date of the enactment of that Act to be suitable for declassification.
(c) LIMITATION ON DECLASSIFICATION OF RECORDS.—All records
referred to in subsection (b) shall be treated, for purposes of section
3161(c) of that Act, in the same manner as records referred to
in section 3161(a) of that Act.
(d) SUBMISSION OF SUPPLEMENT.—The Secretary of Energy shall
submit the supplement required under subsection (a) to the recipients of the plan referred to in section 3161(d) of that Act.

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113 STAT. 939

SEC. 3150. NOTICE TO CONGRESSIONAL COMMITTEES OF CERTAIN
SECURITY
AND
COUNTERINTELLIGENCE
FAILURES
WITHIN NUCLEAR ENERGY DEFENSE PROGRAMS.

(a) REQUIRED NOTIFICATION.—The Secretary of Energy shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a notification of each significant nuclear
defense intelligence loss. Any such notification shall be provided
only after consultation with the Director of Central Intelligence
and the Director of the Federal Bureau of Investigation, as appropriate.
(b) SIGNIFICANT NUCLEAR DEFENSE INTELLIGENCE LOSSES.—
In this section, the term ‘‘significant nuclear defense intelligence
loss’’ means any national security or counterintelligence failure
or compromise of classified information at a facility of the Department of Energy or operated by a contractor of the Department
that the Secretary considers likely to cause significant harm or
damage to the national security interests of the United States.
(c) MANNER OF NOTIFICATION.—Notification of a significant
nuclear defense intelligence loss under subsection (a) shall be provided, in accordance with the procedures established pursuant to
subsection (d), not later than 30 days after the date on which
the Department of Energy determines that the loss has taken
place.
(d) PROCEDURES.—The Secretary of Energy and the Committees
on Armed Services of the Senate and House of Representatives
shall each establish such procedures as may be necessary to protect
from unauthorized disclosure classified information, information
relating to intelligence sources and methods, and sensitive law
enforcement information that is submitted to those committees
pursuant to this section and that are otherwise necessary to carry
out the provisions of this section.
(e) STATUTORY CONSTRUCTION.—(1) Nothing in this section shall
be construed as authority to withhold any information from the
Committees on Armed Services of the Senate and House of Representatives on the grounds that providing the information to those
committees would constitute the unauthorized disclosure of classified information, information relating to intelligence sources and
methods, or sensitive law enforcement information.
(2) Nothing in this section shall be construed to modify or
supersede any other requirement to report information on intelligence activities to the Congress, including the requirement under
section 501 of the National Security Act of 1947 (50 U.S.C. 413)
for the President to ensure that the congressional intelligence
committees are kept fully informed of the intelligence activities
of the United States and for those committees to notify promptly
other congressional committees of any matter relating to intelligence
activities requiring the attention of those committees.
SEC. 3151. ANNUAL REPORT BY THE PRESIDENT ON ESPIONAGE BY
THE PEOPLE’S REPUBLIC OF CHINA.

42 USC 7383d.

Deadline.

42 USC 7383e.

(a) ANNUAL REPORT REQUIRED.—The President shall transmit
to Congress an annual report on the steps being taken by the
Department of Energy, the Department of Defense, the Federal
Bureau of Investigation, the Central Intelligence Agency, and all
other relevant executive departments and agencies to respond to
espionage and other intelligence activities by the People’s Republic
of China, particularly with respect to—

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113 STAT. 940

Deadline.

PUBLIC LAW 106–65—OCT. 5, 1999

(1) the theft of sophisticated United States nuclear weapons
design information; and
(2) the targeting by the People’s Republic of China of United
States nuclear weapons codes and other national security
information of strategic concern.
(b) INITIAL REPORT.—The first report under this section shall
be transmitted not later than March 1, 2000.

42 USC 7383f.

SEC. 3152. REPORT ON COUNTERINTELLIGENCE AND SECURITY PRACTICES AT NATIONAL LABORATORIES.

Deadline.

(a) IN GENERAL.—Not later than March 1 of each year, the
Secretary of Energy shall submit to the Congress a report for
the preceding year on counterintelligence and security practices
at the facilities of the national laboratories (whether or not classified
activities are carried out at the facility).
(b) CONTENT OF REPORT.—The report shall include, with respect
to each national laboratory, the following:
(1) The number of employees, including full-time counterintelligence and security professionals and contractor
employees.
(2) A description of the counterintelligence and security
training courses conducted and, for each such course, any
requirement that employees successfully complete that course.
(3) A description of each contract awarded that provides
an incentive for the effective performance of counterintelligence
or security activities.
(4) A description of the requirement that an employee
report the travel to sensitive countries of that employee
(whether or not the travel was for official business).
(5) The number of trips by individuals who traveled to
sensitive countries, with identification of the sensitive countries
visited.

42 USC 7383g.

SEC. 3153. REPORT ON SECURITY VULNERABILITIES OF NATIONAL
LABORATORY COMPUTERS.

Deadline.

(a) REPORT REQUIRED.—Not later than March 1 of each year,
the National Counterintelligence Policy Board shall prepare a report
on the security vulnerabilities of the computers of the national
laboratories.
(b) PREPARATION OF REPORT.—In preparing the report, the
National Counterintelligence Policy Board shall establish a so-called
‘‘red team’’ of individuals to perform an operational evaluation
of the security vulnerabilities of the computers of one or more
national laboratories, including by direct experimentation. Such
individuals shall be selected by the National Counterintelligence
Policy Board from among employees of the Department of Defense,
the National Security Agency, the Central Intelligence Agency, the
Federal Bureau of Investigation, and of other agencies, and may
be detailed to the National Counterintelligence Policy Board from
such agencies without reimbursement and without interruption or
loss of civil service status or privilege.
(c) SUBMISSION OF REPORT TO SECRETARY OF ENERGY AND TO
FBI DIRECTOR.—Not later than March 1 of each year, the report
shall be submitted in classified and unclassified form to the Secretary of Energy and the Director of the Federal Bureau of Investigation.
(d) FORWARDING TO CONGRESSIONAL COMMITTEES.—Not later
than 30 days after the report is submitted, the Secretary and

Deadline.

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113 STAT. 941

the Director shall each separately forward that report, with the
recommendations in classified and unclassified form of the Secretary
or the Director, as applicable, in response to the findings of that
report, to the following:
(1) The Committee on Armed Services and the Select Committee on Intelligence of the Senate.
(2) The Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of Representatives.
(e) FIRST REPORT.—The first report under this section shall
be the report for the year 2000. That report shall cover each
of the national laboratories.
SEC. 3154. COUNTERINTELLIGENCE POLYGRAPH PROGRAM.

42 USC 7383h.

(a) PROGRAM REQUIRED.—The Secretary of Energy, acting
through the Director of Counterintelligence, shall carry out a
counterintelligence polygraph program for the defense-related
activities of the Department. The counterintelligence polygraph program shall consist of the administration of counterintelligence polygraph examinations to each covered person who has access to highrisk programs.
(b) COVERED PERSONS.—For purposes of this section, a covered
person is one of the following:
(1) An officer or employee of the Department.
(2) An expert or consultant under contract to the Department.
(3) An officer or employee of a contractor of the Department.
(c) HIGH-RISK PROGRAMS.—For purposes of this section, highrisk programs are the programs known as—
(1) Special Access Programs; and
(2) Personnel Security and Assurance Programs.
(d) INITIAL TESTING AND CONSENT.—The Secretary may not
permit a covered person to have initial access to any high-risk
program unless that person first undergoes a counterintelligence
polygraph examination and consents in a signed writing to the
counterintelligence polygraph examinations required by this section.
(e) ADDITIONAL TESTING.—The Secretary may not permit a
covered person to have continued access to any high-risk program
unless that person undergoes a counterintelligence polygraph examination within five years after that person has initial access, and
thereafter—
(1) not less frequently than every five years; and
(2) at any time at the direction of the Director of Counterintelligence.
(f) COUNTERINTELLIGENCE POLYGRAPH EXAMINATION.—For purposes of this section, the term ‘‘counterintelligence polygraph examination’’ means a polygraph examination using questions reasonably
calculated to obtain counterintelligence information, including questions relating to espionage, sabotage, unauthorized disclosure of
classified information, and unauthorized contact with foreign
nationals.
(g) REGULATIONS.—The Secretary shall prescribe any regulations necessary to carry out this section. Those regulations shall
include procedures, to be developed in consultation with the Federal
Bureau of Investigation, for—
(1) identifying and addressing ‘‘false positive’’ results of
polygraph examinations; and

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113 STAT. 942

PUBLIC LAW 106–65—OCT. 5, 1999

(2) ensuring that adverse personnel actions not be taken
against an individual solely by reason of that individual’s
physiological reaction to a question in a polygraph examination,
unless reasonable efforts are first made to independently determine through alternative means the veracity of that individual’s
response to that question.
(h) PLAN FOR EXTENSION OF PROGRAM.—Not later than 180
days after the date of the enactment of this Act, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a plan on extending the program required by this section.
The plan shall provide for the administration of counterintelligence
polygraph examinations in accordance with the program to each
covered person who has access to—
(1) the programs known as Personnel Assurance Programs;
and
(2) the information identified as Sensitive Compartmented
Information.
42 USC 7383i.

SEC. 3155. DEFINITIONS OF NATIONAL LABORATORY AND NUCLEAR
WEAPONS PRODUCTION FACILITY.

For purposes of this subtitle:
(1) The term ‘‘national laboratory’’ means any of the following:
(A) The Lawrence Livermore National Laboratory,
Livermore, California.
(B) The Los Alamos National Laboratory, Los Alamos,
New Mexico.
(C) The Sandia National Laboratories, Albuquerque,
New Mexico and Livermore, California.
(2) The term ‘‘nuclear weapons production facility’’ means
any of the following:
(A) The Kansas City Plant, Kansas City, Missouri.
(B) The Pantex Plant, Amarillo, Texas.
(C) The Y–12 Plant, Oak Ridge, Tennessee.
(D) The tritium operations at the Savannah River Site,
Aiken, South Carolina.
(E) The Nevada Test Site, Nevada.
42 USC 7383j.

SEC. 3156. DEFINITION OF RESTRICTED DATA.

In this subtitle, the term ‘‘Restricted Data’’ has the meaning
given that term in section 11 y. of the Atomic Energy Act of
1954 (42 U.S.C. 2014(y)).

Subtitle E—Matters Relating to Personnel
5 USC 5597 note.

SEC. 3161. EXTENSION OF AUTHORITY OF DEPARTMENT OF ENERGY
TO PAY VOLUNTARY SEPARATION INCENTIVE PAYMENTS.

(a) EXTENSION.—Notwithstanding subsection (c)(2)(D) of section
663 of the Treasury, Postal Service, and General Government
Appropriations Act, 1997 (as contained in section 101(f) of division
A of Public Law 104–208; 110 Stat. 3009–383; 5 U.S.C. 5597 note),
the Department of Energy may pay voluntary separation incentive
payments under such section 663 to qualifying employees who voluntarily separate (whether by retirement or resignation) before
January 1, 2003.

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113 STAT. 943

(b) REPORT.—(1) Not later than March 15, 2000, the Secretary
of Energy shall submit to the Director of the Office of Personnel
Management and the specified congressional committees a report
describing how the Department has, by reason of the provisions
of subsection (a), paid voluntary separation payments under such
section 663.
(2) The report under paragraph (1) shall—
(A) include the occupations and grade levels of each
employee with respect to whom the Department has, by reason
of the provisions of subsection (a), paid voluntary separation
payments under such section 663; and
(B) describe how the paying of such payments by reason
of the provisions of subsection (a) relates to the restructuring
plans of the Department.
(3) For purposes of this subsection, the term ‘‘specified congressional committees’’ means the following:
(A) The Committee on Armed Services, the Committee
on Government Reform, and the Committee on Commerce of
the House of Representatives.
(B) The Committee on Armed Services and the Committee
on Governmental Affairs of the Senate.

Deadline.

SEC. 3162. FELLOWSHIP PROGRAM FOR DEVELOPMENT OF SKILLS
CRITICAL TO THE DEPARTMENT OF ENERGY NUCLEAR
WEAPONS COMPLEX.

(a) IN GENERAL.—Subsection (a) of section 3140 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104–
106; 110 Stat. 621; 42 U.S.C. 2121 note) is amended—
(1) by striking ‘‘the Secretary’’ in the second sentence and
all that follows through ‘‘provide educational assistance’’ and
inserting ‘‘the Secretary shall provide educational assistance’’;
(2) by striking the semicolon after ‘‘complex’’ in the second
sentence and inserting a period; and
(3) by striking paragraphs (2) and (3).
(b) ELIGIBLE INDIVIDUALS.—Subsection (b) of such section is
amended by inserting ‘‘are United States citizens who’’ in the matter
preceding paragraph (1) after ‘‘program’’.
(c) COVERED FACILITIES.—Subsection (c) of such section is
amended by adding at the end the following new paragraphs:
‘‘(5) The Lawrence Livermore National Laboratory, Livermore, California.
‘‘(6) The Los Alamos National Laboratory, Los Alamos,
New Mexico.
‘‘(7) The Sandia National Laboratories, Albuquerque, New
Mexico, and Livermore, California.’’.
(d) AGREEMENT REQUIRED.—Subsection (f) of such section is
amended to read as follows:
‘‘(f) AGREEMENT.—(1) The Secretary may allow an individual
to participate in the program only if the individual signs an agreement described in paragraph (2).
‘‘(2) An agreement referred to in paragraph (1) shall be in
writing, shall be signed by the participant, and shall include the
participant’s agreement to serve, after completion of the course
of study for which the assistance was provided, as a full-time
employee in a position in the Department of Energy for a period
of time to be established by the Secretary of Energy of not less
than one year, if such a position is offered to the participant.’’.

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(e) PLAN.—(1) Not later than January 1, 2000, the Secretary
of Energy shall submit to the congressional defense committees
a plan for the administration of the fellowship program under
section 3140 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104–106; 42 U.S.C. 2121 note), as amended
by this section.
(2) The plan shall include the criteria for the selection of
individuals for participation in such fellowship program and a
description of the provisions to be included in the agreement
required by subsection (f) of such section (as amended by this
section), including the period of time established by the Secretary
for the participants to serve as employees.
(f) FUNDING.—Of the funds authorized to be appropriated to
the Department of Energy pursuant to section 3101, $5,000,000
shall be available only to conduct the fellowship program under
section 3140 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104–106; 42 U.S.C. 2121 note), as amended
by this section.
SEC. 3163. MAINTENANCE OF NUCLEAR WEAPONS EXPERTISE IN THE
DEPARTMENT OF DEFENSE AND DEPARTMENT OF
ENERGY.

Deadline.

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(a) ADMINISTRATION OF JOINT NUCLEAR WEAPONS COUNCIL.—
(1) Subsection (b) of section 179 of title 10, United States Code,
is amended by adding at the end the following new paragraph:
‘‘(3) The Council shall meet not less often than once every
three months.’’.
(2) Subsection (c) of that section is amended by adding at
the end the following new paragraph:
‘‘(3)(A) Whenever the position of Assistant to the Secretary
of Defense for Nuclear and Chemical and Biological Defense Programs has been vacant a period of more than 6 months, the Secretary of Energy shall designate a qualified individual to serve
as acting staff director of the Council until the position of that
Assistant to the Secretary is filled.
‘‘(B) An individual appointed under subparagraph (A) shall
possess substantial technical and policy experience relevant to the
management and oversight of nuclear weapons programs.’’.
(b) REVITALIZATION OF JOINT NUCLEAR WEAPONS COUNCIL.—
(1) The Secretary of Defense and the Secretary of Energy shall
jointly prepare, and not later than March 15, 2000, submit to
the committees specified in subsection (g), a plan to revitalize
the Joint Nuclear Weapons Council established by section 179 of
title 10, United States Code.
(2) The plan shall include any proposed modification to the
membership or responsibilities of the Council that the Secretaries
jointly determine advisable to enhance the capability of the Council
to ensure the integration of Department of Defense requirements
for nuclear weapons into the programs and budget processes of
the Department of Energy.
(c) ANNUAL REPORT ON COUNCIL ACTIVITIES.—Section 179(f)
of title 10, United States Code, is amended by adding at the end
the following:
‘‘(3) A description of the activities of the Council during
the 12-month period ending on the date of the report together
with any assessments or studies conducted by the Council
during that period.

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113 STAT. 945

‘‘(4) A description of the highest priority requirements of
the Department of Defense with respect to the Department
of Energy stockpile stewardship and management program as
of that date.
‘‘(5) An assessment of the extent to which the requirements
referred to in paragraph (4) are being addressed by the Department of Energy as of that date.’’.
(d) NUCLEAR MISSION MANAGEMENT PLAN.—(1) The Secretary
of Defense shall develop and implement a plan to ensure the continued reliability of the capability of the Department of Defense to
carry out its nuclear deterrent mission.
(2) The plan shall do the following:
(A) Articulate the current policy of the United States on
the role of nuclear weapons and nuclear deterrence in the
conduct of defense and foreign relations matters.
(B) Establish stockpile viability and capability requirements with respect to that mission, including the number and
variety of warheads required.
(C) Establish requirements relating to the contractor industrial base, support infrastructure, and surveillance, testing,
assessment, and certification of nuclear weapons necessary to
support that mission.
(3) The plan shall take into account the following:
(A) Requirements for the critical skills, readiness, training,
exercise, and testing of personnel necessary to meet that mission.
(B) The relevant programs and plans of the military departments and the Defense Agencies with respect to readiness,
sustainment (including research and development), and modernization of the strategic deterrent forces.
(e) NUCLEAR EXPERTISE RETENTION MEASURES.—(1) Not later
than March 15, 2000, the Secretary of Energy and Secretary of
Defense shall submit to the committees specified in subsection
(g) a joint plan setting forth the actions that the Secretaries consider
necessary to retain core scientific, engineering, and technical skills
and capabilities within the Department of Energy, the Department
of Defense, and the contractors of those departments in order to
maintain the United States nuclear deterrent force indefinitely.
(2) The plan shall include the following elements:
(A) A baseline of current skills and capabilities by location.
(B) A statement of the skills or capabilities that are at
risk of being lost within the next ten years.
(C) A statement of measures that will be taken to retain
such skills and capabilities.
(D) A proposal for recruitment measures to address the
loss of such skills or capabilities.
(E) A proposal for the training and evaluation of personnel
with core scientific, engineering, and technical skills and
capabilities.
(F) A statement of the additional advanced manufacturing
programs and process engineering programs that are required
to maintain the nuclear deterrent force indefinitely.
(G) An assessment of the desirability of establishing a
nuclear weapons workforce reserve to ensure the availability
of the skills and capabilities of present and former employees
of the Department of Energy, the Department of Defense, and

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PUBLIC LAW 106–65—OCT. 5, 1999

the contractors of those departments in the event of an urgent
future need for such skills and capabilities.
(f) REPORTS ON CRITICAL DIFFICULTIES AT NUCLEAR WEAPONS
LABORATORIES.—Section 3159 of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2842;
42 U.S.C. 7274o) is amended—
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new subsection:
‘‘(d) INCLUSION OF REPORTS IN ANNUAL STOCKPILE CERTIFICATION.—Any report submitted pursuant to subsection (a) shall
also be included with the decision documents that accompany the
annual certification of the safety and reliability of the United States
nuclear weapons stockpile which is provided to the President for
the year in which such report is submitted.’’.
(g) SPECIFIED COMMITTEES.—The committees specified in this
subsection are the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives.
42 USC 7239.

SEC. 3164. WHISTLEBLOWER PROTECTION PROGRAM.

Establishment.

(a) PROGRAM REQUIRED.—The Secretary of Energy shall establish a program to ensure that covered individuals may not be
discharged, demoted, or otherwise discriminated against as a
reprisal for making protected disclosures.
(b) COVERED INDIVIDUALS.—For purposes of this section, a covered individual is an individual who is an employee of the Department of Energy, or of a contractor of the Department, who is
engaged in the defense activities of the Department.
(c) PROTECTED DISCLOSURES.—For purposes of this section, a
protected disclosure is a disclosure—
(1) made by a covered individual who takes appropriate
steps to protect the security of the information in accordance
with guidance provided under this section;
(2) made to a person or entity specified in subsection (d);
and
(3) of classified or other information that the covered individual reasonably believes to provide direct and specific evidence of any of the following:
(A) A violation of law or Federal regulation.
(B) Gross mismanagement, a gross waste of funds,
or abuse of authority.
(C) A false statement to Congress on an issue of material fact.
(d) PERSONS AND ENTITIES TO WHICH DISCLOSURES MAY BE
MADE.—A person or entity specified in this subsection is any of
the following:
(1) A member of a committee of Congress having primary
responsibility for oversight of the department, agency, or element of the Government to which the disclosed information
relates.
(2) An employee of Congress who is a staff member of
such a committee and has an appropriate security clearance
for access to information of the type disclosed.
(3) The Inspector General of the Department of Energy.
(4) The Federal Bureau of Investigation.

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(5) Any other element of the Government designated by
the Secretary as authorized to receive information of the type
disclosed.
(e) OFFICIAL CAPACITY OF PERSONS TO WHOM INFORMATION
IS DISCLOSED.—A member of, or an employee of Congress who
is a staff member of, a committee of Congress specified in subsection
(d) who receives a protected disclosure under this section does
so in that member or employee’s official capacity as such a member
or employee.
(f) ASSISTANCE AND GUIDANCE.—The Secretary, acting through
the Inspector General of the Department of Energy, shall provide
assistance and guidance to each covered individual who seeks to
make a protected disclosure under this section. Such assistance
and guidance shall include the following:
(1) Identifying the persons or entities under subsection
(d) to which that disclosure may be made.
(2) Advising that individual regarding the steps to be taken
to protect the security of the information to be disclosed.
(3) Taking appropriate actions to protect the identity of
that individual throughout that disclosure.
(4) Taking appropriate actions to coordinate that disclosure
with any other Federal agency or agencies that originated
the information.
(g) REGULATIONS.—The Secretary shall prescribe regulations
to ensure the security of any information disclosed under this
section.
(h) NOTIFICATION TO COVERED INDIVIDUALS.—The Secretary
shall notify each covered individual of the following:
(1) The rights of that individual under this section.
(2) The assistance and guidance provided under this section.
(3) That the individual has a responsibility to obtain that
assistance and guidance before seeking to make a protected
disclosure.
(i) COMPLAINT BY COVERED INDIVIDUALS.—If a covered individual believes that that individual has been discharged, demoted,
or otherwise discriminated against as a reprisal for making a protected disclosure under this section, the individual may submit
a complaint relating to such matter to the Director of the Office
of Hearings and Appeals of the Department of Energy.
(j) INVESTIGATION BY OFFICE OF HEARINGS AND APPEALS.—
(1) For each complaint submitted under subsection (i), the Director
of the Office of Hearings and Appeals shall—
(A) determine whether or not the complaint is frivolous;
and
(B) if the Director determines the complaint is not frivolous,
conduct an investigation of the complaint.
(2) The Director shall submit a report on each investigation
undertaken under paragraph (1)(B) to—
(A) the individual who submitted the complaint on which
the investigation is based;
(B) the contractor concerned, if any; and
(C) the Secretary of Energy.
(k) REMEDIAL ACTION.—(1) Whenever the Secretary determines
that a covered individual has been discharged, demoted, or otherwise discriminated against as a reprisal for making a protected
disclosure under this section, the Secretary shall—

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113 STAT. 948

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(A) in the case of a Department employee, take appropriate
actions to abate the action; or
(B) in the case of a contractor employee, order the contractor concerned to take appropriate actions to abate the
action.
(2)(A) If a contractor fails to comply with an order issued
under paragraph (1)(B), the Secretary may file an action for enforcement of the order in the appropriate United States district court.
(B) In any action brought under subparagraph (A), the court
may grant appropriate relief, including injunctive relief and compensatory and exemplary damages.
(l) RELATIONSHIP TO OTHER LAWS.—The protections provided
by this section are independent of, and not subject to any limitations
that may be provided in, the Whistleblower Protection Act of 1989
(Public Law 101–512) or any other law that may provide protection
for disclosures of information by employees of the Department of
Energy or of a contractor of the Department.
(m) ANNUAL REPORT.—(1) Not later than 30 days after the
commencement of each fiscal year, the Director shall submit to
the Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report on
the investigations undertaken under subsection (j)(1)(B) during the
preceding fiscal year, including a summary of the results of each
such investigation.
(2) A report under paragraph (1) may not identify or otherwise
provide any information about an individual submitting a complaint
under this section without the consent of the individual.
(n) IMPLEMENTATION REPORT.—Not later than 60 days after
the date of the enactment of this Act, the Secretary shall submit
to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report
describing the implementation of the program required by this
section.

Subtitle F—Other Matters
SEC. 3171. REQUIREMENT FOR PLAN TO IMPROVE REPROGRAMMING
PROCESSES.
Deadline.

Not later than November 15, 1999, the Secretary of Energy
shall submit to the congressional defense committees a report on
improving the reprogramming processes relating to the defense
activities of the Department of Energy. The report shall include
a plan to ensure that the reprogramming requests of the Department relating to those activities are submitted in a timely and
disciplined manner.
SEC. 3172. INTEGRATED FISSILE MATERIALS MANAGEMENT PLAN.

(a) PLAN.—The Secretary of Energy shall develop a long-term
plan for the integrated management of fissile materials by the
Department of Energy. The plan shall—
(1) identify means of coordinating or integrating the responsibilities of the Office of Environmental Management, the Office
of Fissile Materials Disposition, the Office of Nuclear Energy,
and the Office of Defense Programs for the treatment, storage
and disposition of fissile materials, and for the waste streams

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containing fissile materials, in order to achieve budgetary and
other efficiencies in the discharge of those responsibilities; and
(2) identify any expenditures necessary at the sites that
are anticipated to have an enduring mission for plutonium
management in order to achieve the integrated management
of fissile materials by the Department.
(b) SUBMITTAL TO CONGRESS.—The Secretary shall submit the
plan required by subsection (a) to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House
of Representatives not later than March 31, 2000.
SEC. 3173. IDENTIFICATION IN BUDGET MATERIALS OF AMOUNTS FOR
DECLASSIFICATION ACTIVITIES AND LIMITATION ON
EXPENDITURES FOR SUCH ACTIVITIES.

(a) AMOUNTS FOR DECLASSIFICATION OF RECORDS.—The Secretary of Energy shall include in the budget justification materials
submitted to Congress in support of the Department of Energy
budget for any fiscal year (as submitted with the budget of the
President under section 1105(a) of title 31, United States Code)
specific identification, as a budgetary line item, of the amounts
required to carry out programmed activities during that fiscal year
to declassify records pursuant to Executive Order No. 12958 (50
U.S.C. 435 note), or any successor Executive order, or to comply
with any statutory requirement to declassify Government records.
(b) CERTIFICATION REQUIRED WITH RESPECT TO AUTOMATIC
DECLASSIFICATION OF RECORDS.—No records of the Department of
Energy that have not as of the date of the enactment of this
Act been reviewed for declassification shall be subject to automatic
declassification unless the Secretary of Energy certifies to Congress
that such declassification would not harm the national security.
(c) REPORT ON AUTOMATIC DECLASSIFICATION OF DEPARTMENT
OF ENERGY RECORDS.—Not later than February 1, 2001, the Secretary of Energy shall submit to the Committee on Armed Services
of the House of Representatives and the Committee on Armed
Services of the Senate a report on the efforts of the Department
of Energy relating to the declassification of classified records under
the control of the Department of Energy. Such report shall include
the following:
(1) An assessment of whether the Department will be able
to review all relevant records for declassification before any
date established for automatic declassification.
(2) An estimate of the number of records, if any, that
the Department will be unable to review for declassification
before any such date and the effect on national security of
the automatic declassification of those records.
(3) An estimate of the length of time by which any such
date would need to be extended to avoid the automatic declassification of records that have not yet been reviewed as of
such date.

Deadline.

50 USC 435 note.

Deadline.

SEC. 3174. SENSE
OF
CONGRESS
REGARDING
TECHNOLOGY
TRANSFER COORDINATION FOR DEPARTMENT OF
ENERGY NATIONAL LABORATORIES.

(a) TECHNOLOGY TRANSFER COORDINATION.—It is the sense of
Congress that, within 90 days after the date of the enactment
of this Act, the Secretary of Energy should ensure, for each national
laboratory, the following:

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(1) Consistency of technology transfer policies and procedures with respect to patenting, licensing, and commercialization.
(2) Training to ensure that laboratory personnel responsible
for patenting, licensing, and commercialization activities are
knowledgeable of the appropriate legal, procedural, and ethical
standards.
(b) DEFINITION OF NATIONAL LABORATORY.—As used in this
section, the term ‘‘national laboratory’’ means any of the following
laboratories:
(1) The Los Alamos National Laboratory, Los Alamos, New
Mexico.
(2) The Lawrence Livermore National Laboratory, Livermore, California.
(3) The Sandia National Laboratories, Albuquerque, New
Mexico, and Livermore, California.
42 USC 7257
note.

SEC. 3175. PILOT PROGRAM FOR PROJECT MANAGEMENT OVERSIGHT
REGARDING DEPARTMENT OF ENERGY CONSTRUCTION
PROJECTS.

(a) REQUIREMENT.—(1) The Secretary of Energy shall carry
out a pilot program on use of project management oversight services
(in this section referred to as ‘‘PMO services’’) for construction
projects of the Department of Energy.
(2) The purpose of the pilot program shall be to provide a
basis for determining whether or not the use of competitively procured, external PMO services for those construction projects would
permit the Department to control excessive costs and schedule
delays associated with those construction projects that have large
capital costs.
(b) PROJECTS COVERED BY PROGRAM.—(1) Subject to paragraph
(2), the Secretary shall carry out the pilot program at construction
projects selected by the Secretary. The projects shall include one
or more construction projects authorized pursuant to section 3101
and one construction project authorized pursuant to section 3102.
(2) Each project selected by the Secretary shall be a project
having capital construction costs anticipated to be not less than
$25,000,000.
(c) SERVICES UNDER PROGRAM.—The PMO services used under
the pilot program shall include the following services:
(1) Monitoring the overall progress of a project.
(2) Determining whether or not a project is on schedule.
(3) Determining whether or not a project is within budget.
(4) Determining whether or not a project conforms with
plans and specifications approved by the Department.
(5) Determining whether or not a project is being carried
out efficiently and effectively.
(6) Any other management oversight services that the Secretary considers appropriate for purposes of the pilot program.
(d) PROCUREMENT OF SERVICES UNDER PROGRAM.—Any PMO
services procured under the pilot program shall be acquired—
(1) on a competitive basis; and
(2) from among commercial entities that—
(A) do not currently manage or operate facilities at
a location where the pilot program is being conducted;
and

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(B) have an expertise in the management of large
construction projects.
(e) REPORT.—Not later than February 1, 2000, the Secretary
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the pilot program.
The report shall include the assessment of the Secretary as to
the feasibility and desirability of using PMO services for construction projects of the Department.

Deadline.

SEC. 3176. PILOT PROGRAM OF DEPARTMENT OF ENERGY TO
AUTHORIZE USE OF PRIOR YEAR UNOBLIGATED BALANCES FOR ACCELERATED SITE CLEANUP AT ROCKY
FLATS ENVIRONMENTAL TECHNOLOGY SITE, COLORADO.

(a) AUTHORITY TO USE AMOUNTS.—The Secretary of Energy
shall carry out a pilot program under which the Secretary may
use prior year unobligated balances in the defense environment
management account for the closure project of the Department
of Energy at the Rocky Flats Environmental Technology Site, Colorado, for purposes of meeting accelerated cleanup schedule milestones with respect to that closure project. The amount of prior
year unobligated balances that are obligated under the pilot program in any fiscal year may not exceed $15,000,000.
(b) NOTICE OF INTENT TO USE AUTHORITY.—Not less than 30
days before any obligation of funds under the pilot program under
subsection (a), the Secretary shall notify the congressional defense
committees of the intent of the Secretary to make such obligation.
(c) REPORT ON PILOT PROGRAM.—Not later than July 31, 2002,
the Secretary shall submit to the congressional defense committees
and the Committee on Commerce of the House of Representatives
a report on the implementation of the pilot program carried out
under subsection (a). The report shall include the following:
(1) Any use of the authority under that pilot program.
(2) The recommendations of the Secretary as to whether—
(A) the termination date in subsection (d) should be
extended; and
(B) the authority under that pilot program should be
applied to additional closure projects of the Department.
(d) TERMINATION.—The authority to obligate funds under the
pilot program shall cease to be in effect at the close of September
30, 2002.

Deadline.

SEC. 3177. PROPOSED SCHEDULE FOR SHIPMENTS OF WASTE FROM
ROCKY FLATS ENVIRONMENTAL TECHNOLOGY SITE,
COLORADO, TO WASTE ISOLATION PILOT PLANT, NEW
MEXICO.

(a) SUBMITTAL OF PROPOSED SCHEDULE.—Not later than 60
days after the date of the enactment of this Act, the Secretary
of Energy shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services and the Committee on Commerce of the House of Representatives a proposed
schedule for shipment of mixed and unmixed transuranic waste
from the Rocky Flats Environmental Technology Site, Colorado,
to the Waste Isolation Pilot Plant, New Mexico. The proposed
schedule shall identify a schedule for certifying, producing, and
delivering appropriate shipping containers.
(b) REQUIREMENTS REGARDING SCHEDULE.—In preparing the
schedule required under subsection (a), the Secretary shall assume
the following:

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(1) That the Rocky Flats Environmental Technology Site
will have a closure date that is in 2006.
(2) That all waste that is transferable from the Rocky
Flats Environmental Technology Site to the Waste Isolation
Pilot Plant will be removed from the Rocky Flats Environmental
Technology Site by that closure date as specified in the current
2006 Rocky Flats Environmental Technology Site Closure Plan.
(3) That, to the maximum extent practicable, shipments
of waste from the Rocky Flats Environmental Technology Site
to the Waste Isolation Pilot Plant will be carried out on an
expedited schedule, but not interfere with other shipments
of waste to the Waste Isolation Pilot Plant that are planned
as of the date of the enactment of this Act.

SEC. 3178. COMPTROLLER GENERAL REPORT ON CLOSURE OF ROCKY
FLATS ENVIRONMENTAL TECHNOLOGY SITE, COLORADO.
Deadline.

(a) REPORT.—Not later than December 31, 2000, the Comptroller General shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report assessing
the progress in the closure of the Rocky Flats Environmental Technology Site, Colorado.
(b) REPORT ELEMENTS.—The report shall address and make
recommendations on the following:
(1) How decisions with respect to the future use of the
Rocky Flats Environmental Technology Site affect ongoing
cleanup at the site.
(2) How failure to make decisions with respect to the future
use of the Rocky Flats site affect ongoing cleanup at that
site.
(3) Whether the Secretary of Energy could provide additional flexibility to the contractor at the Rocky Flats site in
order to accelerate the cleanup of that site.
(4) Whether the Secretary could take additional actions
throughout the nuclear weapons complex of the Department
of Energy in order to accelerate the closure of the Rocky Flats
site.
(5) The developments, if any, since the April 1999 report
of the Comptroller General that could alter the pace of the
closure of the Rocky Flats site.
(6) The possibility of closure of the Rocky Flats site by
2006.
(7) The actions that should be taken by the Secretary
or Congress to ensure that the Rocky Flats site will be closed
by 2006.
(8) The impact of the schedule to transport mixed and
unmixed transuranic waste on the ability of the Secretary
to close the Rocky Flats site by 2006.
SEC. 3179. EXTENSION OF REVIEW OF WASTE ISOLATION PILOT
PLANT, NEW MEXICO.

Section 1433(a) of the National Defense Authorization Act,
Fiscal Year 1989 (Public Law 100–456; 102 Stat. 2073) is amended
in the second sentence by striking ‘‘nine additional one-year periods’’
and inserting ‘‘fourteen additional one-year periods’’.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 953

TITLE XXXII—NATIONAL NUCLEAR
SECURITY ADMINISTRATION
Sec.
Sec.
Sec.
Sec.

3201.
3202.
3203.
3204.

Short title.
Under Secretary for Nuclear Security of Department of Energy.
Establishment of policy for National Nuclear Security Administration.
Organization of Department of Energy counterintelligence and intelligence programs and activities.

National Nuclear
Security
Administration
Act.

Subtitle A—Establishment and Organization
Sec. 3211. Establishment and mission.
Sec. 3212. Administrator for Nuclear Security.
Sec. 3213. Status of Administration and contractor personnel within Department of
Energy.
Sec. 3214. Deputy Administrator for Defense Programs.
Sec. 3215. Deputy Administrator for Defense Nuclear Nonproliferation.
Sec. 3216. Deputy Administrator for Naval Reactors.
Sec. 3217. General Counsel.
Sec. 3218. Staff of Administration.
Subtitle B—Matters Relating to Security
Sec. 3231. Protection of national security information.
Sec. 3232. Office of Defense Nuclear Counterintelligence and Office of Defense Nuclear Security.
Sec. 3233. Counterintelligence programs.
Sec. 3234. Procedures relating to access by individuals to classified areas and information of Administration.
Sec. 3235. Government access to information on Administration computers.
Sec. 3236. Congressional oversight of special access programs.
Subtitle C—Matters Relating to Personnel
Sec. 3241. Authority to establish certain scientific, engineering, and technical positions.
Sec. 3242. Voluntary early retirement authority.
Sec. 3243. Severance pay.
Sec. 3244. Continued coverage of health care benefits.
Subtitle D—Budget and Financial Management
Sec. 3251. Separate treatment in budget.
Sec. 3252. Planning, programming, and budgeting process.
Sec. 3253. Future-years nuclear security program.
Sec.
Sec.
Sec.
Sec.

3261.
3262.
3263.
3264.

This title may be cited as the ‘‘National Nuclear Security
Administration Act’’.

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113 STAT. 954

PUBLIC LAW 106–65—OCT. 5, 1999

SEC. 3202. UNDER SECRETARY FOR NUCLEAR SECURITY OF DEPARTMENT OF ENERGY.

Section 202 of the Department of Energy Organization Act
(42 U.S.C. 7132) is amended by adding at the end the following
new subsection:
‘‘(c)(1) There shall be in the Department an Under Secretary
for Nuclear Security, who shall be appointed by the President,
by and with the advice and consent of the Senate. The Under
Secretary shall be compensated at the rate provided for at level
III of the Executive Schedule under section 5314 of title 5, United
States Code.
‘‘(2) The Under Secretary for Nuclear Security shall be
appointed from among persons who—
‘‘(A) have extensive background in national security,
organizational management, and appropriate technical fields;
and
‘‘(B) are well qualified to manage the nuclear weapons,
nonproliferation, and materials disposition programs of the
National Nuclear Security Administration in a manner that
advances and protects the national security of the United
States.
‘‘(3) The Under Secretary for Nuclear Security shall serve as
the Administrator for Nuclear Security under section 3212 of the
National Nuclear Security Administration Act. In carrying out the
functions of the Administrator, the Under Secretary shall be subject
to the authority, direction, and control of the Secretary. Such
authority, direction, and control may be delegated only to the
Deputy Secretary of Energy, without redelegation.’’.
SEC. 3203. ESTABLISHMENT OF POLICY FOR NATIONAL NUCLEAR
SECURITY ADMINISTRATION.

(a) ESTABLISHMENT OF POLICY FOR ADMINISTRATION.—The
Department of Energy Organization Act is amended by adding
at the end of title II (42 U.S.C. 7131 et seq.) the following new
section:
‘‘ESTABLISHMENT
42 USC 7144.

OF POLICY FOR NATIONAL NUCLEAR SECURITY
ADMINISTRATION

‘‘SEC. 213. (a) The Secretary shall be responsible for establishing
policy for the National Nuclear Security Administration.
‘‘(b) The Secretary may direct officials of the Department who
are not within the National Nuclear Security Administration to
review the programs and activities of the Administration and to
make recommendations to the Secretary regarding administration
of those programs and activities, including consistency with other
similar programs and activities of the Department.
‘‘(c) The Secretary shall have adequate staff to support the
Secretary in carrying out the Secretary’s responsibilities under this
section.’’.
(b) CLERICAL AMENDMENT.—The table of contents at the beginning of the Department of Energy Organization Act is amended
by inserting after the item relating to section 212 the following
new item:
‘‘213. Establishment of policy for National Nuclear Security Administration.’’.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 955

SEC. 3204. ORGANIZATION OF DEPARTMENT OF ENERGY COUNTERINTELLIGENCE AND INTELLIGENCE PROGRAMS AND
ACTIVITIES.

(a) ESTABLISHMENT OF OFFICES.—The Department of Energy
Organization Act (42 U.S.C. 7101 et seq.) is amended by inserting
after section 213, as added by section 3203(a), the following new
sections:
‘‘ESTABLISHMENT

OF SECURITY, COUNTERINTELLIGENCE, AND
INTELLIGENCE POLICIES

‘‘SEC. 214. The Secretary shall be responsible for developing
and promulgating the security, counterintelligence, and intelligence
policies of the Department. The Secretary may use the immediate
staff of the Secretary to assist in developing and promulgating
those policies.
‘‘OFFICE

OF COUNTERINTELLIGENCE

‘‘SEC. 215. (a) There is within the Department an Office of
Counterintelligence.
‘‘(b)(1) The head of the Office shall be the Director of the
Office of Counterintelligence, which shall be a position in the Senior
Executive Service. The Director of the Office shall report directly
to the Secretary.
‘‘(2) The Secretary shall select the Director of the Office from
among individuals who have substantial expertise in matters
relating to counterintelligence.
‘‘(3) The Director of the Federal Bureau of Investigation may
detail, on a reimbursable basis, any employee of the Bureau to
the Department for service as Director of the Office. The service
of an employee of the Bureau as Director of the Office shall not
result in any loss of status, right, or privilege by the employee
within the Bureau.
‘‘(c)(1) The Director of the Office shall be responsible for establishing policy for counterintelligence programs and activities at
Department facilities in order to reduce the threat of disclosure
or loss of classified and other sensitive information at such facilities.
‘‘(2) The Director of the Office shall be responsible for establishing policy for the personnel assurance programs of the Department.
‘‘(3) The Director shall inform the Secretary, the Director of
Central Intelligence, and the Director of the Federal Bureau of
Investigation on a regular basis, and upon specific request by any
such official, regarding the status and effectiveness of the counterintelligence programs and activities at Department facilities.
‘‘(d)(1) Not later than March 1 each year, the Director of the
Office shall submit a report on the status and effectiveness of
the counterintelligence programs and activities at each Department
facility during the preceding year. Each such report shall be submitted to the following:
‘‘(A) The Secretary.
‘‘(B) The Director of Central Intelligence.
‘‘(C) The Director of the Federal Bureau of Investigation.
‘‘(D) The Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of Representatives.

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113 STAT. 956

Deadline.

PUBLIC LAW 106–65—OCT. 5, 1999

‘‘(E) The Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
‘‘(2) Each such report shall include for the year covered by
the report the following:
‘‘(A) A description of the status and effectiveness of the
counterintelligence programs and activities at Department
facilities.
‘‘(B) A description of any violation of law or other requirement relating to intelligence, counterintelligence, or security
at such facilities, including—
‘‘(i) the number of violations that were investigated;
and
‘‘(ii) the number of violations that remain unresolved.
‘‘(C) A description of the number of foreign visitors to
Department facilities, including the locations of the visits of
such visitors.
‘‘(D) The adequacy of the Department’s procedures and
policies for protecting national security information, making
such recommendations to Congress as may be appropriate.
‘‘(E) A determination of whether each Department of
Energy national laboratory is in full compliance with all departmental security requirements and, in the case of any such
laboratory that is not, what measures are being taken to bring
that laboratory into compliance.
‘‘(3) Not less than 30 days before the date that the report
required by paragraph (1) is submitted, the director of each Department of Energy national laboratory shall certify in writing to the
Director of the Office whether that laboratory is in full compliance
with all departmental security requirements and, if not, what measures are being taken to bring that laboratory into compliance and
a schedule for implementing those measures.
‘‘(4) Each report under this subsection as submitted to the
committees referred to in subparagraphs (D) and (E) of paragraph
(1) shall be submitted in unclassified form, but may include a
classified annex.
‘‘OFFICE

42 USC 7144c.

OF INTELLIGENCE

‘‘SEC. 216. (a) There is within the Department an Office of
Intelligence.
‘‘(b)(1) The head of the Office shall be the Director of the
Office of Intelligence, which shall be a position in the Senior Executive Service. The Director of the Office shall report directly to
the Secretary.
‘‘(2) The Secretary shall select the Director of the Office from
among individuals who have substantial expertise in matters
relating to foreign intelligence.
‘‘(c) Subject to the authority, direction, and control of the Secretary, the Director of the Office shall perform such duties and
exercise such powers as the Secretary may prescribe.’’.
(b) CLERICAL AMENDMENT.—The table of contents at the beginning of the Department of Energy Organization Act is amended
by inserting after the item relating to section 213, as added by
section 3203(b), the following new items:
‘‘214. Establishment of security, counterintelligence, and intelligence policies.
‘‘215. Office of Counterintelligence.
‘‘216. Office of Intelligence.’’.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 957

Subtitle A—Establishment and
Organization
SEC. 3211. ESTABLISHMENT AND MISSION.

50 USC 2401.

(a) ESTABLISHMENT.—There is established within the Department of Energy a separately organized agency to be known as
the National Nuclear Security Administration (in this title referred
to as the ‘‘Administration’’).
(b) MISSION.—The mission of the Administration shall be the
following:
(1) To enhance United States national security through
the military application of nuclear energy.
(2) To maintain and enhance the safety, reliability, and
performance of the United States nuclear weapons stockpile,
including the ability to design, produce, and test, in order
to meet national security requirements.
(3) To provide the United States Navy with safe, militarily
effective nuclear propulsion plants and to ensure the safe and
reliable operation of those plants.
(4) To promote international nuclear safety and nonproliferation.
(5) To reduce global danger from weapons of mass destruction.
(6) To support United States leadership in science and
technology.
(c) OPERATIONS AND ACTIVITIES TO BE CARRIED OUT CONSISTENT WITH CERTAIN PRINCIPLES.—In carrying out the mission
of the Administration, the Administrator shall ensure that all operations and activities of the Administration are consistent with the
principles of protecting the environment and safeguarding the safety
and health of the public and of the workforce of the Administration.
SEC. 3212. ADMINISTRATOR FOR NUCLEAR SECURITY.

50 USC 2402.

(a) IN GENERAL.—(1) There is at the head of the Administration
an Administrator for Nuclear Security (in this title referred to
as the ‘‘Administrator’’).
(2) Pursuant to subsection (c) of section 202 of the Department
of Energy Organization Act (42 U.S.C. 7132), as added by section
3202 of this Act, the Under Secretary for Nuclear Security of
the Department of Energy serves as the Administrator.
(b) FUNCTIONS.—The Administrator has authority over, and
is responsible for, all programs and activities of the Administration
(except for the functions of the Deputy Administrator for Naval
Reactors specified in the Executive order referred to in section
3216(b)), including the following:
(1) Strategic management.
(2) Policy development and guidance.
(3) Budget formulation, guidance, and execution, and other
financial matters.
(4) Resource requirements determination and allocation.
(5) Program management and direction.
(6) Safeguards and security.
(7) Emergency management.
(8) Integrated safety management.
(9) Environment, safety, and health operations.

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113 STAT. 958

PUBLIC LAW 106–65—OCT. 5, 1999

(10) Administration of contracts, including the management
and operations of the nuclear weapons production facilities
and the national security laboratories.
(11) Intelligence.
(12) Counterintelligence.
(13) Personnel, including the selection, appointment, distribution, supervision, establishing of compensation, and separation of personnel in accordance with subtitle C of this title.
(14) Procurement of services of experts and consultants
in accordance with section 3109 of title 5, United States Code.
(15) Legal matters.
(16) Legislative affairs.
(17) Public affairs.
(18) Liaison with other elements of the Department of
Energy and with other Federal agencies, State, tribal, and
local governments, and the public.
(c) PROCUREMENT AUTHORITY.—The Administrator is the senior
procurement executive for the Administration for the purposes of
section 16(3) of the Office of Federal Procurement Policy Act (41
U.S.C. 414(3)).
(d) POLICY AUTHORITY.—The Administrator may establish
Administration-specific policies, unless disapproved by the Secretary
of Energy.
50 USC 2403.

SEC. 3213. STATUS OF ADMINISTRATION AND CONTRACTOR PERSONNEL WITHIN DEPARTMENT OF ENERGY.

(a) STATUS OF ADMINISTRATION PERSONNEL.—Each officer or
employee of the Administration, in carrying out any function of
the Administration—
(1) shall be responsible to and subject to the authority,
direction, and control of—
(A) the Secretary acting through the Administrator
and consistent with section 202(c)(3) of the Department
of Energy Organization Act;
(B) the Administrator; or
(C) the Administrator’s designee within the Administration; and
(2) shall not be responsible to, or subject to the authority,
direction, or control of, any other officer, employee, or agent
of the Department of Energy.
(b) STATUS OF CONTRACTOR PERSONNEL.—Each officer or
employee of a contractor of the Administration, in carrying out
any function of the Administration, shall not be responsible to,
or subject to the authority, direction, or control of, any officer,
employee, or agent of the Department of Energy who is not an
employee of the Administration, except for the Secretary of Energy
consistent with section 202(c)(3) of the Department of Energy
Organization Act.
(c) CONSTRUCTION OF SECTION.—Subsections (a) and (b) may
not be interpreted to in any way preclude or interfere with the
communication of technical findings derived from, and in accord
with, duly authorized activities between (1) the head, or any contractor employee, of a national security laboratory or of a nuclear
weapons production facility, and (2) the Department of Energy,
the President, or Congress.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 959

SEC. 3214. DEPUTY ADMINISTRATOR FOR DEFENSE PROGRAMS.

50 USC 2404.

(a) IN GENERAL.—There is in the Administration a Deputy
Administrator for Defense Programs, who is appointed by the President, by and with the advice and consent of the Senate.
(b) DUTIES.—Subject to the authority, direction, and control
of the Administrator, the Deputy Administrator for Defense Programs shall perform such duties and exercise such powers as the
Administrator may prescribe, including the following:
(1) Maintaining and enhancing the safety, reliability, and
performance of the United States nuclear weapons stockpile,
including the ability to design, produce, and test, in order
to meet national security requirements.
(2) Directing, managing, and overseeing the nuclear
weapons production facilities and the national security laboratories.
(3) Directing, managing, and overseeing assets to respond
to incidents involving nuclear weapons and materials.
(c) RELATIONSHIP TO LABORATORIES AND FACILITIES.—The head
of each national security laboratory and nuclear weapons production
facility shall, consistent with applicable contractual obligations,
report to the Deputy Administrator for Defense Programs.
SEC. 3215. DEPUTY ADMINISTRATOR FOR DEFENSE NUCLEAR NONPROLIFERATION.

50 USC 2405.

(a) IN GENERAL.—There is in the Administration a Deputy
Administrator for Defense Nuclear Nonproliferation, who is
appointed by the President, by and with the advice and consent
of the Senate.
(b) DUTIES.—Subject to the authority, direction, and control
of the Administrator, the Deputy Administrator for Defense Nuclear
Nonproliferation shall perform such duties and exercise such powers
as the Administrator may prescribe, including the following:
(1) Preventing the spread of materials, technology, and
expertise relating to weapons of mass destruction.
(2) Detecting the proliferation of weapons of mass destruction worldwide.
(3) Eliminating inventories of surplus fissile materials
usable for nuclear weapons.
(4) Providing for international nuclear safety.
SEC. 3216. DEPUTY ADMINISTRATOR FOR NAVAL REACTORS.

50 USC 2406.

(a) IN GENERAL.—(1) There is in the Administration a Deputy
Administrator for Naval Reactors. The director of the Naval Nuclear
Propulsion Program provided for under the Naval Nuclear Propulsion Executive Order shall serve as the Deputy Administrator for
Naval Reactors.
(2) Within the Department of Energy, the Deputy Administrator
shall report to the Secretary of Energy through the Administrator
and shall have direct access to the Secretary and other senior
officials in the Department.
(b) DUTIES.—The Deputy Administrator shall be assigned the
responsibilities, authorities, and accountability for all functions of
the Office of Naval Reactors under the Naval Nuclear Propulsion
Executive Order.
(c) EFFECT ON EXECUTIVE ORDER.—Except as otherwise specified in this section and notwithstanding any other provision of

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PUBLIC LAW 106–65—OCT. 5, 1999

this title, the provisions of the Naval Nuclear Propulsion Executive
Order remain in full force and effect until changed by law.
(d) NAVAL NUCLEAR PROPULSION EXECUTIVE ORDER.—As used
in this section, the Naval Nuclear Propulsion Executive Order is
Executive Order No. 12344, dated February 1, 1982 (42 U.S.C.
7158 note) (as in force pursuant to section 1634 of the Department
of Defense Authorization Act, 1985 (Public Law 98–525; 42 U.S.C.
7158 note)).
50 USC 2407.

SEC. 3217. GENERAL COUNSEL.

There is a General Counsel of the Administration. The General
Counsel is the chief legal officer of the Administration.
50 USC 2408.

SEC. 3218. STAFF OF ADMINISTRATION.

(a) IN GENERAL.—The Administrator shall maintain within the
Administration sufficient staff to assist the Administrator in carrying out the duties and responsibilities of the Administrator.
(b) RESPONSIBILITIES.—The staff of the Administration shall
perform, in accordance with applicable law, such of the functions
of the Administrator as the Administrator shall prescribe. The
Administrator shall assign to the staff responsibility for the following functions:
(1) Personnel.
(2) Legislative affairs.
(3) Public affairs.
(4) Liaison with other elements of the Department of
Energy and with other Federal agencies, State, tribal, and
local governments, and the public.

Subtitle B—Matters Relating to Security
50 USC 2421.

SEC. 3231. PROTECTION OF NATIONAL SECURITY INFORMATION.

(a) POLICIES AND PROCEDURES REQUIRED.—The Administrator
shall establish procedures to ensure the maximum protection of
classified information in the possession of the Administration.
(b) PROMPT REPORTING.—The Administrator shall establish
procedures to ensure prompt reporting to the Administrator of
any significant problem, abuse, violation of law or Executive order,
or deficiency relating to the management of classified information
by personnel of the Administration.
50 USC 2422.

SEC. 3232. OFFICE OF DEFENSE NUCLEAR COUNTERINTELLIGENCE
AND OFFICE OF DEFENSE NUCLEAR SECURITY.

(a) ESTABLISHMENT.—(1) There are within the Administration—
(A) an Office of Defense Nuclear Counterintelligence; and
(B) an Office of Defense Nuclear Security.
(2) Each office established under paragraph (1) shall be headed
by a Chief appointed by the Secretary of Energy. The Administrator
shall recommend to the Secretary suitable candidates for each such
position.
(b) CHIEF OF DEFENSE NUCLEAR COUNTERINTELLIGENCE.—(1)
The head of the Office of Defense Nuclear Counterintelligence is
the Chief of Defense Nuclear Counterintelligence, who shall report
to the Administrator and shall implement the counterintelligence
policies directed by the Secretary and Administrator.
(2) The Secretary shall appoint the Chief, in consultation with
the Director of the Federal Bureau of Investigation, from among

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individuals who have special expertise in counterintelligence. If
an individual to serve as the Chief of Defense Nuclear Counterintelligence is a Federal employee of an entity other than the Administration, the service of that employee as Chief shall not result
in any loss of employment status, right, or privilege by that
employee.
(3) The Chief shall have direct access to the Secretary and
all other officials of the Department and the contractors of the
Department concerning counterintelligence matters.
(4) The Chief shall be responsible for—
(A) the development and implementation of the counterintelligence programs of the Administration to prevent the
disclosure or loss of classified or other sensitive information;
and
(B) the development and administration of personnel assurance programs within the Administration.
(c) CHIEF OF DEFENSE NUCLEAR SECURITY.—(1) The head of
the Office of Defense Nuclear Security is the Chief of Defense
Nuclear Security, who shall report to the Administrator and shall
implement the security policies directed by the Secretary and
Administrator.
(2) The Chief shall have direct access to the Secretary and
all other officials of the Department and the contractors of the
Department concerning security matters.
(3) The Chief shall be responsible for the development and
implementation of security programs for the Administration,
including the protection, control and accounting of materials, and
for the physical and cyber security for all facilities of the Administration.
SEC. 3233. COUNTERINTELLIGENCE PROGRAMS.

50 USC 2423.

(a) NATIONAL SECURITY LABORATORIES AND NUCLEAR WEAPONS
PRODUCTION FACILITIES.—The Administrator shall, at each national
security laboratory and nuclear weapons production facility, establish and maintain a counterintelligence program adequate to protect
national security information at that laboratory or production
facility.
(b) OTHER FACILITIES.—The Administrator shall, at each
Administration facility not described in subsection (a) at which
Restricted Data is located, assign an employee of the Office of
Defense Nuclear Counterintelligence who shall be responsible for
and assess counterintelligence matters at that facility.
SEC. 3234. PROCEDURES RELATING TO ACCESS BY INDIVIDUALS TO
CLASSIFIED AREAS AND INFORMATION OF ADMINISTRATION.

50 USC 2424.

The Administrator shall establish appropriate procedures to
ensure that any individual is not permitted unescorted access to
any classified area, or access to classified information, of the
Administration until that individual has been verified to hold the
appropriate security clearances.
SEC. 3235. GOVERNMENT ACCESS TO INFORMATION ON ADMINISTRATION COMPUTERS.

50 USC 2425.

(a) PROCEDURES REQUIRED.—The Administrator shall establish
procedures to govern access to information on Administration computers. Those procedures shall, at a minimum, provide that any
individual who has access to information on an Administration

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computer shall be required as a condition of such access to provide
to the Administrator written consent which permits access by an
authorized investigative agency to any Administration computer
used in the performance of the duties of such employee during
the period of that individual’s access to information on an Administration computer and for a period of three years thereafter.
(b) EXPECTATION OF PRIVACY IN ADMINISTRATION COMPUTERS.—
Notwithstanding any other provision of law (including any provision
of law enacted by the Electronic Communications Privacy Act of
1986), no user of an Administration computer shall have any
expectation of privacy in the use of that computer.
(c) DEFINITION.—For purposes of this section, the term ‘‘authorized investigative agency’’ means an agency authorized by law or
regulation to conduct a counterintelligence investigation or investigations of persons who are proposed for access to classified
information to ascertain whether such persons satisfy the criteria
for obtaining and retaining access to such information.
50 USC 2426.

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SEC. 3236. CONGRESSIONAL OVERSIGHT OF SPECIAL ACCESS PROGRAMS.

(a) ANNUAL REPORT ON SPECIAL ACCESS PROGRAMS.—(1) Not
later than February 1 of each year, the Administrator shall submit
to the congressional defense committees a report on special access
programs of the Administration.
(2) Each such report shall set forth—
(A) the total amount requested for such programs in the
President’s budget for the next fiscal year submitted under
section 1105 of title 31, United States Code; and
(B) for each such program in that budget, the following:
(i) A brief description of the program.
(ii) A brief discussion of the major milestones established for the program.
(iii) The actual cost of the program for each fiscal
year during which the program has been conducted before
the fiscal year during which that budget is submitted.
(iv) The estimated total cost of the program and the
estimated cost of the program for (I) the current fiscal
year, (II) the fiscal year for which the budget is submitted,
and (III) each of the four succeeding fiscal years during
which the program is expected to be conducted.
(b) ANNUAL REPORT ON NEW SPECIAL ACCESS PROGRAMS.—
(1) Not later than February 1 of each year, the Administrator
shall submit to the congressional defense committees a report that,
with respect to each new special access program, provides—
(A) notice of the designation of the program as a special
access program; and
(B) justification for such designation.
(2) A report under paragraph (1) with respect to a program
shall include—
(A) the current estimate of the total program cost for the
program; and
(B) an identification of existing programs or technologies
that are similar to the technology, or that have a mission
similar to the mission, of the program that is the subject
of the notice.

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(3) In this subsection, the term ‘‘new special access program’’
means a special access program that has not previously been covered in a notice and justification under this subsection.
(c) REPORTS ON CHANGES IN CLASSIFICATION OF SPECIAL ACCESS
PROGRAMS.—(1) Whenever a change in the classification of a special
access program of the Administration is planned to be made or
whenever classified information concerning a special access program
of the Administration is to be declassified and made public, the
Administrator shall submit to the congressional defense committees
a report containing a description of the proposed change, the reasons
for the proposed change, and notice of any public announcement
planned to be made with respect to the proposed change.
(2) Except as provided in paragraph (3), any report referred
to in paragraph (1) shall be submitted not less than 14 days before
the date on which the proposed change or public announcement
is to occur.
(3) If the Administrator determines that because of exceptional
circumstances the requirement of paragraph (2) cannot be met
with respect to a proposed change or public announcement concerning a special access program of the Administration, the
Administrator may submit the report required by paragraph (1)
regarding the proposed change or public announcement at any
time before the proposed change or public announcement is made
and shall include in the report an explanation of the exceptional
circumstances.
(d) NOTICE OF CHANGE IN SAP DESIGNATION CRITERIA.—Whenever there is a modification or termination of the policy and criteria
used for designating a program of the Administration as a special
access program, the Administrator shall promptly notify the
congressional defense committees of such modification or termination. Any such notification shall contain the reasons for the
modification or termination and, in the case of a modification,
the provisions of the policy as modified.
(e) WAIVER AUTHORITY.—(1) The Administrator may waive any
requirement under subsection (a), (b), or (c) that certain information
be included in a report under that subsection if the Administrator
determines that inclusion of that information in the report would
adversely affect the national security. The Administrator may waive
the report-and-wait requirement in subsection (f) if the Administrator determines that compliance with such requirement would
adversely affect the national security. Any waiver under this paragraph shall be made on a case-by-case basis.
(2) If the Administrator exercises the authority provided under
paragraph (1), the Administrator shall provide the information
described in that subsection with respect to the special access
program concerned, and the justification for the waiver, jointly
to the chairman and ranking minority member of each of the
congressional defense committees.
(f) REPORT AND WAIT FOR INITIATING NEW PROGRAMS.—A special access program may not be initiated until—
(1) the congressional defense committees are notified of
the program; and
(2) a period of 30 days elapses after such notification is
received.

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PUBLIC LAW 106–65—OCT. 5, 1999

Subtitle C—Matters Relating to Personnel
50 USC 2441.

SEC. 3241. AUTHORITY
TO
ESTABLISH
CERTAIN
ENGINEERING, AND TECHNICAL POSITIONS.

SCIENTIFIC,

The Administrator may, for the purposes of carrying out the
responsibilities of the Administrator under this title, establish not
more than 300 scientific, engineering, and technical positions in
the Administration, appoint individuals to such positions, and fix
the compensation of such individuals. Subject to the limitations
in the preceding sentence, the authority of the Administrator to
make appointments and fix compensation with respect to positions
in the Administration under this section shall be equivalent to,
and subject to the limitations of, the authority under section 161
d. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(d)) to make
appointments and fix compensation with respect to officers and
employees described in such section.
50 USC 2442.

SEC. 3242. VOLUNTARY EARLY RETIREMENT AUTHORITY.

(a) AUTHORITY.—An employee of the Department of Energy
who is separated from the service under conditions described in
subsection (b) after completing 25 years of service or after becoming
50 years of age and completing 20 years of service is entitled
to an annuity in accordance with the provisions in chapter 83
or 84 of title 5, United States Code, as applicable.
(b) CONDITIONS OF SEPARATION.—Subsection (a) applies to an
employee who—
(1) has been employed continuously by the Department
of Energy for more than 30 days before the date on which
the Secretary of Energy makes the determination required
under paragraph (4)(A);
(2) is serving under an appointment that is not limited
by time;
(3) has not received a decision notice of involuntary separation for misconduct or unacceptable performance that is pending
decision; and
(4) is separated from the service voluntarily during a period
with respect to which—
(A) the Secretary of Energy determines that the
Department of Energy is undergoing a major reorganization
as a result of the establishment of the National Nuclear
Security Administration; and
(B) the employee is within the scope of an offer of
voluntary early retirement (as defined by organizational
unit, occupational series or level, geographical location,
any other similar factor that the Office of Personnel
Management determines appropriate, or any combination
of such definitions of scope), as determined by the Secretary
under regulations prescribed by the Office.
(c) TREATMENT OF EMPLOYEES.—For purposes of chapters 83
and 84 of title 5, United States Code (including for purposes of
computation of an annuity under such chapters), an employee entitled to an annuity under this section shall be treated as an employee
entitled to an annuity under section 8336(d) or 8414(b) of such
title, as applicable.
(d) DEFINITIONS.—As used in this section, the terms ‘‘employee’’
and ‘‘annuity’’—

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113 STAT. 965

(1) with respect to individuals covered by the Civil Service
Retirement System established in subchapter III of chapter
83 of title 5, United States Code, have the meaning of such
terms as used in such chapter; and
(2) with respect to individuals covered by the Federal
Employees Retirement System established in chapter 84 of
such title, have the meaning of such terms as used in such
chapter.
(e) LIMITATION AND TERMINATION OF AUTHORITY.—The
authority provided in subsection (a)—
(1) may be applied with respect to a total of not more
than 600 employees of the Department of Energy; and
(2) shall expire on September 30, 2003.
SEC. 3243. SEVERANCE PAY.

Section 5595 of title 5, United States Code, is amended by
adding at the end the following new subsection:
‘‘(j)(1) In the case of an employee of the Department of Energy
who is entitled to severance pay under this section as a result
of the establishment of the National Nuclear Security Administration, the Secretary of Energy may, upon application by the
employee, pay the total amount of the severance pay to the employee
in one lump sum.
‘‘(2)(A) If an employee paid severance pay in a lump sum
under this subsection is reemployed by the Government of the
United States or the government of the District of Columbia at
such time that, had the employee been paid severance pay in
regular pay periods under subsection (b), the payments of such
pay would have been discontinued under subsection (d) upon such
reemployment, the employee shall repay to the Department of
Energy an amount equal to the amount of severance pay to which
the employee was entitled under this section that would not have
been paid to the employee under subsection (d) by reason of such
reemployment.
‘‘(B) The period of service represented by an amount of severance pay repaid by an employee under subparagraph (A) shall
be considered service for which severance pay has not been received
by the employee under this section.
‘‘(C) Amounts repaid to the Department of Energy under this
paragraph shall be credited to the appropriation available for the
pay of employees of the agency for the fiscal year in which received.
Amounts so credited shall be merged with, and shall be available
for the same purposes and the same period as, the other funds
in that appropriation.
‘‘(3) If an employee fails to repay to the Department of Energy
an amount required to be repaid under paragraph (2)(A), that
amount is recoverable from the employee as a debt due the United
States.’’.
SEC. 3244. CONTINUED COVERAGE OF HEALTH CARE BENEFITS.

Section 8905a(d)(4)(A) of title 5, United States Code, is amended
by inserting ‘‘, or the Department of Energy due to a reduction
in force resulting from the establishment of the National Nuclear
Security Administration’’ after ‘‘reduction in force’’.

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113 STAT. 966

PUBLIC LAW 106–65—OCT. 5, 1999

Subtitle D—Budget and Financial
Management
50 USC 2451.

SEC. 3251. SEPARATE TREATMENT IN BUDGET.

(a) PRESIDENT’S BUDGET.—In each budget submitted by the
President to the Congress under section 1105 of title 31, United
States Code, amounts requested for the Administration shall be
set forth separately within the other amounts requested for the
Department of Energy.
(b) BUDGET JUSTIFICATION MATERIALS.—In the budget justification materials submitted to Congress in support of each such budget,
the amounts requested for the Administration shall be specified
in individual, dedicated program elements.
50 USC 2452.

SEC. 3252. PLANNING, PROGRAMMING, AND BUDGETING PROCESS.

The Administrator shall establish procedures to ensure that
the planning, programming, budgeting, and financial activities of
the Administration comport with sound financial and fiscal management principles. Those procedures shall, at a minimum, provide
for the planning, programming, and budgeting of activities of the
Administration using funds that are available for obligation for
a limited number of years.
50 USC 2453.

SEC. 3253. FUTURE-YEARS NUCLEAR SECURITY PROGRAM.

(a) SUBMISSION TO CONGRESS.—The Administrator shall submit
to Congress each year, at or about the time that the President’s
budget is submitted to Congress that year under section 1105(a)
of title 31, United States Code, a future-years nuclear security
program (including associated annexes) reflecting the estimated
expenditures and proposed appropriations included in that budget.
Any such future-years nuclear security program shall cover the
fiscal year with respect to which the budget is submitted and
at least the four succeeding fiscal years.
(b) ELEMENTS.—Each future-years nuclear security program
shall contain the following:
(1) The estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities
of the Administration during the five-fiscal year period covered
by the program, expressed in a level of detail comparable to
that contained in the budget submitted by the President to
Congress under section 1105 of title 31, United States Code.
(2) A description of the anticipated workload requirements
for each Administration site during that five-fiscal year period.
(c) EFFECT OF BUDGET ON STOCKPILE.—The Administrator shall
include in the materials the Administrator submits to Congress
in support of the budget for any fiscal year that is submitted
by the President pursuant to section 1105 of title 31, United States
Code, a description of how the funds identified for each program
element in the weapons activities budget of the Administration
for such fiscal year will help ensure that the nuclear weapons
stockpile is safe and reliable as determined in accordance with
the criteria established under section 3158 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public
Law 105–261; 112 Stat. 2257; 42 U.S.C. 2121 note).
(d) CONSISTENCY IN BUDGETING.—(1) The Administrator shall
ensure that amounts described in subparagraph (A) of paragraph

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 967

(2) for any fiscal year are consistent with amounts described in
subparagraph (B) of paragraph (2) for that fiscal year.
(2) Amounts referred to in paragraph (1) are the following:
(A) The amounts specified in program and budget information submitted to Congress by the Administrator in support
of expenditure estimates and proposed appropriations in the
budget submitted to Congress by the President under section
1105(a) of title 31, United States Code, for any fiscal year,
as shown in the future-years nuclear security program submitted pursuant to subsection (a).
(B) The total amounts of estimated expenditures and proposed appropriations necessary to support the programs,
projects, and activities of the Administration included pursuant
to paragraph (5) of section 1105(a) of such title in the budget
submitted to Congress under that section for any fiscal year.
(e) TREATMENT OF MANAGEMENT CONTINGENCIES.—Nothing in
this section shall be construed to prohibit the inclusion in the
future-years nuclear security program of amounts for management
contingencies, subject to the requirements of subsection (d).

Subtitle E—Miscellaneous Provisions
SEC. 3261. ENVIRONMENTAL PROTECTION, SAFETY, AND HEALTH
REQUIREMENTS.

50 USC 2461.

(a) COMPLIANCE REQUIRED.—The Administrator shall ensure
that the Administration complies with all applicable environmental,
safety, and health statutes and substantive requirements.
(b) PROCEDURES REQUIRED.—The Administrator shall develop
procedures for meeting such requirements.
(c) RULE OF CONSTRUCTION.—Nothing in this title shall
diminish the authority of the Secretary of Energy to ascertain
and ensure that such compliance occurs.
SEC. 3262. COMPLIANCE WITH FEDERAL ACQUISITION REGULATION.

50 USC 2462.

The Administrator shall establish procedures to ensure that
the mission and programs of the Administration are executed in
full compliance with all applicable provisions of the Federal Acquisition Regulation issued pursuant to the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.).
SEC. 3263. SHARING OF
DEFENSE.

TECHNOLOGY

WITH

DEPARTMENT

50 USC 2463.

The Administrator shall, in cooperation with the Secretary
of Defense, establish procedures and programs to provide for the
sharing of technology, technical capability, and expertise between
the Administration and the Department of Defense to further
national security objectives.
SEC. 3264. USE OF CAPABILITIES OF NATIONAL SECURITY LABORATORIES BY ENTITIES OUTSIDE THE ADMINISTRATION.

50 USC 2464.

The Secretary, in consultation with the Administrator, shall
establish appropriate procedures to provide for the use, in a manner
consistent with the national security mission of the Administration
under section 3211(b), of the capabilities of the national security
laboratories by elements of the Department of Energy not within
the Administration, other Federal agencies, and other appropriate

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113 STAT. 968

PUBLIC LAW 106–65—OCT. 5, 1999

entities, including the use of those capabilities to support efforts
to defend against weapons of mass destruction.

Subtitle F—Definitions
50 USC 2471.

SEC. 3281. DEFINITIONS.

For purposes of this title:
(1) The term ‘‘national security laboratory’’ means any of
the following:
(A) Los Alamos National Laboratory, Los Alamos, New
Mexico.
(B) Sandia National Laboratories, Albuquerque, New
Mexico, and Livermore, California.
(C) Lawrence Livermore National Laboratory, Livermore, California.
(2) The term ‘‘nuclear weapons production facility’’ means
any of the following:
(A) The Kansas City Plant, Kansas City, Missouri.
(B) The Pantex Plant, Amarillo, Texas.
(C) The Y–12 Plant, Oak Ridge, Tennessee.
(D) The tritium operations facilities at the Savannah
River Site, Aiken, South Carolina.
(E) The Nevada Test Site, Nevada.
(F) Any facility of the Department of Energy that the
Secretary of Energy, in consultation with the Administrator
and the Congress, determines to be consistent with the
mission of the Administration.
(3) The term ‘‘classified information’’ means any information that has been determined pursuant to Executive Order
No. 12333 of December 4, 1981 (50 U.S.C. 401 note), Executive
Order No. 12958 of April 17, 1995 (50 U.S.C. 435 note), or
successor orders, to require protection against unauthorized
disclosure and that is so designated.
(4) The term ‘‘Restricted Data’’ has the meaning given
such term in section 11 y. of the Atomic Energy Act of 1954
(42 U.S.C. 2014(y)).
(5) The term ‘‘congressional defense committees’’ means—
(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.

Subtitle G—Amendatory Provisions,
Transition Provisions, and Effective Dates
50 USC 2481.

SEC. 3291. FUNCTIONS TRANSFERRED.

(a) TRANSFERS.—There are hereby transferred to the Administrator all national security functions and activities performed immediately before the date of the enactment of this Act by the following
elements of the Department of Energy:
(1) The Office of Defense Programs.
(2) The Office of Nonproliferation and National Security.
(3) The Office of Fissile Materials Disposition.
(4) The nuclear weapons production facilities.

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113 STAT. 969

(5) The national security laboratories.
(6) The Office of Naval Reactors.
(b) AUTHORITY TO TRANSFER ADDITIONAL FUNCTIONS.—The Secretary of Energy may transfer to the Administrator any other
facility, mission, or function that the Secretary, in consultation
with the Administrator and Congress, determines to be consistent
with the mission of the Administration.
(c) ENVIRONMENTAL REMEDIATION AND WASTE MANAGEMENT
ACTIVITIES.—In the case of any environmental remediation and
waste management activity of any element specified in subsection
(a), the Secretary of Energy may determine to transfer responsibility
for that activity to another element of the Department.
SEC. 3292. TRANSFER OF FUNDS AND EMPLOYEES.

50 USC 2482.

(a) TRANSFER OF FUNDS.—(1) Any balance of appropriations
that the Secretary of Energy determines is available and needed
to finance or discharge a function, power, or duty or an activity
that is transferred to the Administration shall be transferred to
the Administration and used for any purpose for which those appropriations were originally available. Balances of appropriations so
transferred shall—
(A) be credited to any applicable appropriation account
of the Administration; or
(B) be credited to a new account that may be established
on the books of the Department of the Treasury;
and shall be merged with the funds already credited to that account
and accounted for as one fund.
(2) Balances of appropriations credited to an account under
paragraph (1)(A) are subject only to such limitations as are specifically applicable to that account. Balances of appropriations credited
to an account under paragraph (1)(B) are subject only to such
limitations as are applicable to the appropriations from which they
are transferred.
(b) PERSONNEL.—(1) With respect to any function, power, or
duty or activity of the Department of Energy that is transferred
to the Administration, those employees of the element of the Department of Energy from which the transfer is made that the Secretary
of Energy determines are needed to perform that function, power,
or duty, or for that activity, as the case may be, shall be transferred
to the Administration.
(2) The authorized strength in civilian employees of any element
of the Department of Energy from which employees are transferred
under this section is reduced by the number of employees so transferred.
SEC. 3293. PAY LEVELS.

(a) UNDER SECRETARY FOR NUCLEAR SECURITY.—Section 5314
of title 5, United States Code, is amended by striking ‘‘Under
Secretary, Department of Energy’’ and inserting ‘‘Under Secretaries
of Energy (2)’’.
(b) DEPUTY ADMINISTRATORS.—Section 5315 of such title is
amended by adding at the end the following new item:
‘‘Deputy Administrators of the National Nuclear Security
Administration (3), but if the Deputy Administrator for Naval
Reactors is an officer of the Navy on active duty, (2).’’.

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113 STAT. 970

PUBLIC LAW 106–65—OCT. 5, 1999

SEC. 3294. CONFORMING AMENDMENTS.

(a) REDUCTION IN NUMBER OF ASSISTANT SECRETARIES OF
ENERGY.—(1) Section 5315 of title 5, United States Code, is
amended by striking ‘‘(8)’’ after ‘‘Assistant Secretaries of Energy’’
and inserting ‘‘(6)’’.
(2) Subsection (a) of section 203 of the Department of Energy
Organization Act (42 U.S.C. 7133) is amended in the first sentence
by striking ‘‘eight’’ and inserting ‘‘six’’.
(b) FUNCTIONS REQUIRED TO BE ASSIGNED TO ASSISTANT SECRETARIES OF ENERGY.—Subsection (a) of section 203 of the Department
of Energy Organization Act (42 U.S.C. 7133) is amended by striking
paragraph (5).
(c) OFFICE OF NAVAL REACTORS.—Section 309 of the Department of Energy Organization Act (42 U.S.C. 7158) is amended—
(1) by striking subsection (b);
(2) by striking ‘‘(a)’’; and
(3) by striking ‘‘Assistant Secretary to whom the Secretary
has assigned the function listed in section 203(a)(2)(E)’’ and
inserting ‘‘Under Secretary for Nuclear Security’’.
(d) OFFICE OF FISSILE MATERIALS DISPOSITION.—(1) Section
212 of the Department of Energy Organization Act (42 U.S.C.
7143) is repealed.
(2) The table of contents at the beginning of such Act is
amended by striking the item relating to section 212.
(e) REPEAL OF RESTATED PROVISION RELATING TO DOE SPECIAL
ACCESS PROGRAMS; CONFORMING AMENDMENT.—(1)(A) Section 93
of the Atomic Energy Act of 1954 (42 U.S.C. 2122a) is repealed.
(B) The table of contents at the beginning of such Act is
amended by striking the item relating to section 93.
(2) Clause (ii) of section 1152(g)(1)(B) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103–160; 50
U.S.C. 435 note) is amended to read as follows:
‘‘(ii) the National Nuclear Security Administration
(which is required to submit reports on special access programs under section 3236 of the National Nuclear Security
Administration Act); or’’.
(f) REPEAL OF FIVE-YEAR BUDGET REQUIREMENT FOR DOE
NATIONAL SECURITY PROGRAMS.—Section 3155 of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law 104–
201; 110 Stat. 2841; 42 U.S.C. 7271b) is repealed.
50 USC 2483.

SEC. 3295. TRANSITION PROVISIONS.

Deadlines.

(a) COMPLIANCE WITH FINANCIAL PRINCIPLES.—(1) The Under
Secretary of Energy for Nuclear Security shall ensure that the
compliance with sound financial and fiscal management principles
specified in section 3252 is achieved not later than October 1,
2000.
(2) In carrying out paragraph (1), the Under Secretary of Energy
for Nuclear Security shall conduct a review and develop a plan
to bring applicable activities of the Administration into full compliance with those principles not later than such date.
(3) Not later than January 1, 2000, the Under Secretary of
Energy for Nuclear Security shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a report containing the results of that review and a description
of that plan.

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(b) INITIAL REPORT FOR FUTURE-YEARS NUCLEAR SECURITY PROGRAM.—The first report under section 3253 shall be submitted
in conjunction with the budget submitted for fiscal year 2001.
(c) PROCEDURES FOR COMPUTER ACCESS.—The regulations to
implement the procedures under section 3235 shall be prescribed
not later than 90 days after the effective date of this title.
(d) COMPLIANCE WITH FAR.—(1) The Under Secretary of Energy
for Nuclear Security shall ensure that the compliance with the
Federal Acquisition Regulation specified in section 3262 is achieved
not later than October 1, 2000.
(2) In carrying out paragraph (1), the Under Secretary of Energy
for Nuclear Security shall conduct a review and develop a plan
to bring applicable activities of the Administration into full compliance with the Federal Acquisition Regulation not later than such
date.
(3) Not later than January 1, 2000, the Under Secretary of
Energy for Nuclear Security shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a report containing the results of that review and a description
of that plan.
SEC. 3296. APPLICABILITY OF PREEXISTING LAWS AND REGULATIONS.

Regulations.
Deadline.
Deadlines.

50 USC 2484.

Unless otherwise provided in this title, all provisions of law
and regulations in effect immediately before the effective date of
this title that are applicable to functions of the Department of
Energy specified in section 3291 shall continue to apply to the
corresponding functions of the Administration.
SEC. 3297. REPORT CONTAINING IMPLEMENTATION PLAN OF SECRETARY OF ENERGY.

50 USC 2401
note.

Not later than January 1, 2000, the Secretary of Energy shall
submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives
a report containing the Secretary’s plan for the implementation
of the provisions of this title.

Deadline.

SEC. 3298. CLASSIFICATION IN UNITED STATES CODE.

50 USC 2401
note.

Subtitles A through F of this title (other than provisions of
those subtitles amending existing provisions of law) shall be classified to the United States Code as a new chapter of title 50, United
States Code.
SEC. 3299. EFFECTIVE DATES.

(a) IN GENERAL.—Except as provided in subsection (b), the
provisions of this title shall take effect on March 1, 2000.
(b) EXCEPTIONS.—(1) Sections 3202, 3204, 3251, 3295, and 3297
shall take effect on the date of the enactment of this Act.
(2) Sections 3234 and 3235 shall take effect on the date of
the enactment of this Act. During the period beginning on the
date of the enactment of this Act and ending on the effective
date of this title, the Secretary of Energy shall carry out those
sections and any reference in those sections to the Administrator
and the Administration shall be treated as references to the Secretary and the Department of Energy, respectively.

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PUBLIC LAW 106–65—OCT. 5, 1999

TITLE XXXIII—DEFENSE NUCLEAR
FACILITIES SAFETY BOARD
SEC. 3301. AUTHORIZATION.

There are authorized to be appropriated for fiscal year 2000,
$17,500,000 for the operation of the Defense Nuclear Facilities
Safety Board under chapter 21 of the Atomic Energy Act of 1954
(42 U.S.C. 2286 et seq.).

TITLE XXXIV—NATIONAL DEFENSE
STOCKPILE
Sec. 3401. Authorized uses of stockpile funds.
Sec. 3402. Disposal of certain materials in National Defense Stockpile.
Sec. 3403. Limitations on previous authority for disposal of stockpile materials.
SEC. 3401. AUTHORIZED USES OF STOCKPILE FUNDS.

(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 2000,
the National Defense Stockpile Manager may obligate up to
$78,700,000 of the funds in the National Defense Stockpile Transaction Fund established under subsection (a) of section 9 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h)
for the authorized uses of such funds under subsection (b)(2) of
such section, including the disposal of hazardous materials that
are environmentally sensitive.
(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile
Manager may obligate amounts in excess of the amount specified
in subsection (a) if the National Defense Stockpile Manager notifies
Congress that extraordinary or emergency conditions necessitate
the additional obligations. The National Defense Stockpile Manager
may make the additional obligations described in the notification
after the end of the 45-day period beginning on the date on which
Congress receives the notification.
(c) LIMITATIONS.—The authorities provided by this section shall
be subject to such limitations as may be provided in appropriations
Acts.
50 USC 98d note.

SEC. 3402. DISPOSAL OF CERTAIN MATERIALS IN NATIONAL DEFENSE
STOCKPILE.

(a) DISPOSAL REQUIRED.—Subject to subsection (c), the President shall make disposals from the National Defense Stockpile
of materials in quantities as follows:
(1) Beryllium metal, 250 short tons.
(2) Chromium ferro alloy, 496,204 short tons.
(3) Chromium metal, 5,000 short tons.
(4) Palladium, 497,271 troy ounces.
(b) MANAGEMENT OF DISPOSAL TO ACHIEVE OBJECTIVES FOR
RECEIPTS.—The President shall manage the disposal of materials
under subsection (a) so as to result in receipts to the United
States in amounts equal to—
(1) $10,000,000 during fiscal year 2000;
(2) $100,000,000 during the 5-fiscal year period ending
September 30, 2004; and
(3) $300,000,000 during the 10-fiscal year period ending
September 30, 2009.

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(c) MINIMIZATION OF DISRUPTION AND LOSS.—The President
may not dispose of the material under subsection (a) to the extent
that the disposal will result in—
(1) undue disruption of the usual markets of producers,
processors, and consumers of the materials proposed for disposal; or
(2) avoidable loss to the United States.
(d) DISPOSITION OF RECEIPTS.—Notwithstanding section 9 of
the Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98h), funds received as a result of the disposal of materials under
subsection (a) shall be deposited into the general fund of the
Treasury.
(e) RELATIONSHIP TO OTHER DISPOSAL AUTHORITY.—The disposal authority provided in subsection (a) is new disposal authority
and is in addition to, and shall not affect, any other disposal
authority provided by law regarding the materials specified in such
subsection.
(f) INCREASED RECEIPTS UNDER PRIOR DISPOSAL AUTHORITY.—
(1) Section 3303(a)(2) of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104–201; 110 Stat 2855; 50 U.S.C.
98d note) is amended by striking ‘‘$612,000,000’’ and inserting
‘‘$720,000,000’’.
(2) Section 3305(a) of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105–85; 111 Stat 2057; 50 U.S.C.
98d note) is amended—
(A) in paragraph (2), by striking ‘‘$30,000,000’’ and
inserting ‘‘$50,000,000’’;
(B) in paragraph (3), by striking ‘‘$34,000,000’’ and
inserting ‘‘$64,000,000’’; and
(C) in paragraph (4), by striking ‘‘$34,000,000’’ and
inserting ‘‘$67,000,000’’.
(g) ELIMINATION OF DISPOSAL RESTRICTIONS ON EARLIER DISPOSAL
AUTHORITY.—Section 3303 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104–106; 110
Stat. 629) is repealed.
SEC. 3403. LIMITATIONS ON PREVIOUS AUTHORITY FOR DISPOSAL OF
STOCKPILE MATERIALS.

(a) PUBLIC LAW 105–261 AUTHORITY.—Section 3303(b) of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105–261; 112 Stat. 2263; 50 U.S.C. 98d
note) is amended—
(1) by striking ‘‘(b) LIMITATION ON DISPOSAL QUANTITY.—’’
and inserting ‘‘(b) LIMITATIONS ON DISPOSAL
AUTHORITY.—(1)’’; and
(2) by adding at the end the following:
‘‘(2) The President may not dispose of materials under this
section in excess of the disposals necessary to result in receipts
in the amounts specified in subsection (a).’’.
(b) PUBLIC LAW 105–85 AUTHORITY.—Section 3305(b) of the
National Defense Authorization Act for Fiscal Year 1998 (Public
Law 105–85; 111 Stat. 2058; 50 U.S.C. 98d note) is amended—
(1) by striking ‘‘(b) LIMITATION ON DISPOSAL QUANTITY.—’’
and inserting ‘‘(b) LIMITATIONS ON DISPOSAL
AUTHORITY.—(1)’’; and
(2) by adding at the end the following:

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113 STAT. 974

PUBLIC LAW 106–65—OCT. 5, 1999

‘‘(2) The President may not dispose of cobalt under this section
in excess of the disposals necessary to result in receipts in the
amounts specified in subsection (a).’’.
(c) PUBLIC LAW 104–201 AUTHORITY.—Section 3303(b) of the
National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104–201; 110 Stat. 2855; 50 U.S.C. 98d note) is amended—
(1) by striking ‘‘(b) LIMITATION ON DISPOSAL QUANTITY.—’’
and inserting ‘‘(b) LIMITATIONS ON DISPOSAL
AUTHORITY.—(1)’’; and
(2) by adding at the end the following:
‘‘(2) The President may not dispose of materials under this
section in excess of the disposals necessary to result in receipts
in the amounts specified in subsection (a).’’.
Panama Canal
Commission
Authorization
Act for Fiscal
Year 2000.

22 USC 3601
note.

TITLE XXXV—PANAMA CANAL
COMMISSION
Sec.
Sec.
Sec.
Sec.
Sec.

3501.
3502.
3503.
3504.
3505.

Short title.
Authorization of expenditures.
Purchase of vehicles.
Office of Transition Administration.
Expenditures only in accordance with treaties.

SEC. 3501. SHORT TITLE.

This title may be cited as the ‘‘Panama Canal Commission
Authorization Act for Fiscal Year 2000’’.
SEC. 3502. AUTHORIZATION OF EXPENDITURES.

(a) IN GENERAL.—Subject to subsection (b), the Panama Canal
Commission is authorized to use amounts in the Panama Canal
Revolving Fund to make such expenditures within the limits of
funds and borrowing authority available to it in accordance with
law, and to make such contracts and commitments, as may be
necessary under the Panama Canal Act of 1979 (22 U.S.C. 3601
et seq.) for the operation, maintenance, improvement, and administration of the Panama Canal for the period October 1, 1999, through
noon on December 31, 1999.
(b) LIMITATIONS.—For the period described in subsection (a),
the Panama Canal Commission may expend from funds in the
Panama Canal Revolving Fund not more than $75,000 for official
reception and representation expenses, of which—
(1) not more than $21,000 may be used for official reception
and representation expenses of the Supervisory Board of the
Commission;
(2) not more than $10,500 may be used for official reception
and representation expenses of the Secretary of the Commission; and
(3) not more than $43,500 may be used for official reception
and representation expenses of the Administrator of the
Commission.
SEC. 3503. PURCHASE OF VEHICLES.

Notwithstanding any other provision of law, the funds available
to the Panama Canal Commission shall be available for the purchase and transportation to the Republic of Panama of replacement
passenger motor vehicles, the purchase price of which shall not
exceed $26,000 per vehicle.

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PUBLIC LAW 106–65—OCT. 5, 1999

113 STAT. 975

SEC. 3504. OFFICE OF TRANSITION ADMINISTRATION.

(a) EXPENDITURES FROM PANAMA CANAL COMMISSION DISSOLUFUND.—Section 1305(c)(5) of the Panama Canal Act of 1979
(22 U.S.C. 3714a(c)(5)) is amended by inserting ‘‘(A)’’ after ‘‘(5)’’
and by adding at the end the following:
‘‘(B) The office established by subsection (b) is authorized to
expend or obligate funds from the Fund for the purposes enumerated in clauses (i) and (ii) of paragraph (2)(A) until October 1,
2004.’’.
(b) OPERATION OF THE OFFICE OF TRANSITION ADMINISTRATION.—
(1) IN GENERAL.—The Panama Canal Act of 1979 (22 U.S.C.
3601 et seq.) shall continue to govern the Office of Transition
Administration until October 1, 2004.
(2) PROCUREMENT.—For purposes of exercising authority
under the procurement laws of the United States, the director
of the Office of Transition Administration shall have the status
of the head of an agency.
(3) OFFICES.—The Office of Transition Administration shall
have offices in the Republic of Panama and in the District
of Columbia. Section 1110(b)(1) of the Panama Canal Act of
1973 (22 U.S.C. 3620(b)(1)) does not apply to such office in
the Republic of Panama.
(4) OFFICE OF TRANSITION ADMINISTRATION DEFINED.—In
this subsection the term ‘‘Office of Transition Administration’’
means the office established under section 1305 of the Panama
Canal Act of 1979 (22 U.S.C. 3714a) to close out the affairs
of the Panama Canal Commission.
(5) EFFECTIVE DATE.—This subsection shall be effective
on and after the termination of the Panama Canal Treaty
of 1977.
(c) OVERSIGHT OF CLOSE-OUT ACTIVITIES.—The Panama Canal
Commission shall enter into an agreement with the head of a
department or agency of the Federal Government to supervise the
close out of the affairs of the Commission under section 1305
of the Panama Canal Act of 1979 and to certify the completion
of that function.
TION

22 USC 3714a
note.

SEC. 3505. EXPENDITURES ONLY IN ACCORDANCE WITH TREATIES.

Expenditures authorized under this title may be made only
in accordance with the Panama Canal Treaties of 1977 and any
law of the United States implementing those treaties.

TITLE XXXVI—MARITIME
ADMINISTRATION
Sec.
Sec.
Sec.
Sec.

3601.
3602.
3603.
3604.

Maritime
Administration
Authorization
Act for Fiscal
Year 2000.

Short title.
Authorization of appropriations for fiscal year 2000.
Extension of war risk insurance authority.
Ownership of the JEREMIAH O’BRIEN.

SEC. 3601. SHORT TITLE.

This title may be cited as the ‘‘Maritime Administration
Authorization Act for Fiscal Year 2000’’.

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113 STAT. 976

PUBLIC LAW 106–65—OCT. 5, 1999

SEC. 3602. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2000.

Funds are hereby authorized to be appropriated, to be available
without fiscal year limitation if so provided in appropriations Acts,
for the use of the Department of Transportation for the Maritime
Administration as follows:
(1) For expenses necessary for operations and training
activities, $79,764,000 for fiscal year 2000.
(2) For expenses under the loan guarantee program authorized by title XI of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1271 et seq.), $14,893,000 for fiscal year 2000, of which—
(A) $11,000,000 is for the cost (as defined in section
502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5))) of loan guarantees under the program; and
(B) $3,893,000 is for administrative expenses related
to loan guarantee commitments under the program.
SEC. 3603. EXTENSION OF WAR RISK INSURANCE AUTHORITY.

Section 1214 of the Merchant Marine Act, 1936 (46 App. U.S.C.
1294) is amended by striking ‘‘June 30, 2000’’ and inserting ‘‘June
30, 2005’’.
SEC. 3604. OWNERSHIP OF THE JEREMIAH O’BRIEN.

Section 3302(l)(1)(C) of title 46, United States Code, is amended
by striking ‘‘owned by the United States Maritime Administration’’
and inserting ‘‘owned by the National Liberty Ship Memorial, Inc.’’.
Approved October 5, 1999.

LEGISLATIVE HISTORY—S. 1059 (H.R. 1401):
HOUSE REPORTS: Nos. 106–162 accompanying H.R. 1401 (Comm. on Armed Services) and 106–301 (Comm. of Conference).
SENATE REPORTS: No. 106–50 (Comm. on Armed Services).
CONGRESSIONAL RECORD, Vol. 145 (1999):
May 24–27, considered and passed Senate.
June 14, considered and passed House, amended, in lieu of H.R. 1401.
Sept. 15, House agreed to conference report.
Sept. 21, 22, Senate considered and agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999):
Oct. 5, Presidential remarks and statement.

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File Type	application/pdf
File Title	MICROCOMP output file
File Modified	0000-00-00
File Created	1999-11-17