[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3616 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
June 25, 1998.
Resolved, That the bill from the House of Representatives (H.R.
3616) entitled ``An Act to authorize appropriations for fiscal year
1999 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.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
(a) Findings.--Congress makes the following findings:
(1) Senator Strom Thurmond of South Carolina first became a
member of the Committee on Armed Services of the United States
Senate on January 19, 1959. His continuous service on that
committee covers more than 75 percent of the period of the
existence of the committee, which was established immediately
after World War II, and more than 20 percent of the period of
the existence of military and naval affairs committees of
Congress, the original bodies of which were formed in 1816.
(2) Senator Thurmond came to Congress and the committee as
a distinguished veteran of service, including combat service,
in the Armed Forces of the United States.
(3) Senator Thurmond was commissioned as a reserve second
lieutenant of infantry in 1924. He served with great
distinction with the First Army in the European Theater of
Operations during World War II, landing in Normandy in a glider
with the 82nd Airborne Division on D-Day. He was transferred to
the Pacific Theater of Operations at the end of the war in
Europe and was serving in the Philippines when Japan
surrendered.
(4) Having reverted to Reserve status at the end of World
War II, Senator Thurmond was promoted to brigadier general in
the United States Army Reserve in 1954. He served as President
of the Reserve Officers Association beginning that same year
and ending in 1955. Senator Thurmond was promoted to major
general in the United States Army Reserve in 1959. He
transferred to the Retired Reserve on January 1, 1965, after 36
years of commissioned service.
(5) The distinguished character of Senator Thurmond's
military service has been recognized by awards of numerous
decorations that include the Legion of Merit, the Bronze Star
medal with ``V'' device, the Army Commendation Medal, the
Belgian Cross of the Order of the Crown, and the French Croix
de Guerre.
(6) Senator Thurmond has served as Chairman of the
Committee on Armed Services of the Senate since 1995 and as the
ranking minority member of the committee from 1993 to 1995.
Senator Thurmond concludes his service as Chairman at the end
of the One Hundred Fifth Congress, but is to continue to serve
the committee as a member in successive Congresses.
(7) This Act is the fortieth annual authorization bill for
the Department of Defense for which Senator Thurmond has taken
a major responsibility as a member of the Committee on Armed
Services of the Senate.
(8) Senator Thurmond, as officer and legislator, has made
matchless contributions to the national security of the United
States that, in duration and in quality, are unique.
(9) It is altogether fitting and proper that this Act, the
last annual authorization Act for the national defense that
Senator Thurmond manages in and for the United States Senate as
Chairman of the Committee on Armed Services of the Senate, be
named in his honor.
(b) Short Title.--This Act shall be cited as the ``Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Reserve components.
Sec. 106. Defense Inspector General.
Sec. 107. Chemical demilitarization program.
Sec. 108. Defense health programs.
Sec. 109. Defense export loan guarantee program.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for Longbow Hellfire missile
program.
Sec. 112. Condition for award of more than one multiyear contract for
the family of medium tactical vehicles.
Sec. 113. Armored system modernization.
Sec. 114. Reactive armor tiles.
Sec. 115. Annual reporting of costs associated with travel of members
of Chemical Demilitarization Citizens'
Advisory Commission.
Sec. 116. Extension of authority to carry out Armament Retooling and
Manufacturing Support Initiative.
Sec. 117. Alternative technologies for destruction of assembled
chemical weapons.
Subtitle C--Navy Programs
Sec. 121. CVN-77 nuclear aircraft carrier program.
Sec. 122. Increased amount to be excluded from cost limitation for
Seawolf submarine program.
Sec. 123. Multiyear procurement authority for the Medium Tactical
Vehicle Replacement.
Sec. 124. Multiyear procurement authority for certain aircraft
programs.
Subtitle D--Air Force Programs
Sec. 131. Joint Surveillance Target Attack Radar System.
Sec. 132. Limitation on replacement of engines on military aircraft
derived from Boeing 707 aircraft.
Sec. 133. F-22 aircraft program.
Sec. 134. C-130J aircraft program.
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. Crusader self-propelled artillery system program.
Sec. 212. CVN-77 nuclear aircraft carrier program.
Sec. 213. Unmanned aerial vehicle programs.
Sec. 214. Airborne Laser Program.
Sec. 215. Enhanced Global Positioning System program.
Sec. 216. Manufacturing Technology Program.
Sec. 217. Authority for use of major range and test facility
installations by commercial entities.
Sec. 218. Extension of authority to carry out certain prototype
projects.
Sec. 219. NATO alliance ground surveillance concept definition.
Sec. 220. NATO common-funded civil budget.
Sec. 221. Persian Gulf illnesses.
Sec. 222. DOD/VA Cooperative Research Program.
Sec. 223. Low Cost Launch Development Program.
Subtitle C--Other Matters
Sec. 231. Policy with respect to ballistic missile defense cooperation.
Sec. 232. Review of pharmacological interventions for reversing brain
injury.
Sec. 233. Landmines.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from the National Defense Stockpile Transaction
Fund.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 311. Special Operations Command counterproliferation and
counterterrorism activities.
Sec. 312. Tagging system for identification of hydrocarbon fuels used
by the Department of Defense.
Sec. 313. Pilot program for acceptance and use of landing fees charged
for use of domestic military airfields by
civil aircraft.
Sec. 314. NATO common-funded military budget.
Subtitle C--Environmental Provisions
Sec. 321. Transportation of polychlorinated biphenyls from abroad for
disposal in the United States.
Sec. 322. Modification of deadline for submittal to Congress of annual
reports on environmental activities.
Sec. 323. Submarine solid waste control.
Sec. 324. Payment of stipulated penalties assessed under CERCLA.
Sec. 325. Authority to pay negotiated settlement for environmental
cleanup of formerly used defense sites in
Canada.
Sec. 326. Settlement of claims of foreign governments for environmental
cleanup of overseas sites formerly used by
the Department of Defense.
Sec. 327. Arctic Military Environmental Cooperation Program.
Sec. 328. Sense of Senate regarding oil spill prevention training for
personnel on board Navy vessels.
Subtitle D--Counter-Drug Activities
Sec. 331. Patrol coastal craft for drug interdiction by Southern
Command.
Sec. 332. Program authority for Department of Defense support for
counter-drug activities.
Sec. 333. Southwest border fence.
Sec. 334. Revision and clarification of authority for Federal support
of National Guard drug interdiction and
counter-drug activities.
Sec. 335. Sense of Congress regarding priority of drug interdiction and
counter-drug activities.
Subtitle E--Other Matters
Sec. 341. Liquidity of working-capital funds.
Sec. 342. Termination of authority to manage working-capital funds and
certain activities through the Defense
Business Operations Fund.
Sec. 343. Clarification of authority to retain recovered costs of
disposals in working-capital funds.
Sec. 344. Best commercial inventory practices for management of
secondary supply items.
Sec. 345. Increased use of smart cards.
Sec. 346. Public-private competition in the provision of support
services.
Sec. 347. Condition for providing financial assistance for support of
additional duties assigned to the Army
National Guard.
Sec. 348. Repeal of prohibition on joint use of Gray Army Airfield,
Fort Hood, Texas.
Sec. 349. Inventory management of in-transit secondary items.
Sec. 350. Personnel reductions in Army Materiel Command.
Sec. 351. Prohibitions regarding evaluation of merit of selling malt
beverages and wine in commissary stores as
exchange system merchandise.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Limited exclusions of joint duty officers from limitations on
number of general and flag officers.
Sec. 403. Limitation on daily average of personnel on active duty in
grades E-8 and E-9.
Sec. 404. Repeal of permanent end strength requirement for support of
two major regional contingencies.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Exclusion of additional reserve component general and flag
officers from limitation on number of
general and flag officers who may serve on
active duty.
Sec. 415. Increase in numbers of members in certain grades authorized
to be on active duty in support of the
reserves.
Sec. 416. Consolidation of strength authorizations for active status
Naval Reserve flag officers of the Navy
Medical Department staff corps.
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. Streamlined selective retention process for regular officers.
Sec. 502. Permanent applicability of limitations on years of active
naval service of Navy limited duty officers
in grades of commander and captain.
Sec. 503. Involuntary separation pay denied for officer discharged for
failure of selection for promotion
requested by the officer.
Sec. 504. Term of office of the Chief of the Air Force Nurse Corps.
Sec. 505. Attendance of recipients of Naval Reserve Officers' Training
Corps scholarships at participating
colleges or universities.
Subtitle B--Reserve Component Matters
Sec. 511. Service required for retirement of National Guard officer in
higher grade.
Sec. 512. Reduced time-in-grade requirement for reserve general and
flag officers involuntarily transferred
from active status.
Sec. 513. Eligibility of Army and Air Force Reserve brigadier generals
to be considered for promotion while on
inactive status list.
Sec. 514. Composition of selective early retirement boards for rear
admirals of the Naval Reserve and major
generals of the Marine Corps Reserve.
Sec. 515. Use of Reserves for emergencies involving weapons of mass
destruction.
Subtitle C--Other Matters
Sec. 521. Annual manpower requirements report.
Sec. 522. Four-year extension of certain force reduction transition
period management and benefits authorities.
Sec. 523. Continuation of eligibility for voluntary separation
incentive after involuntary loss of
membership in Ready or Standby Reserve.
Sec. 524. Repeal of limitations on authority to set rates and waive
requirement for reimbursement of expenses
incurred for instruction at service
academies of persons from foreign
countries.
Sec. 525. Repeal of restriction on civilian employment of enlisted
members.
Sec. 526. Extension of reporting dates for Commission on Military
Training and Gender-Related Issues.
Sec. 527. Moratorium on changes of gender-related policies and
practices pending completion of the work of
the Commission on Military Training and
Gender-Related Issues.
Sec. 528. Transitional compensation for abused dependent children not
residing with the spouse or former spouse
of a member convicted of dependent abuse.
Sec. 529. Pilot program for treating GED and home school diploma
recipients as high school graduates for
determinations of eligibility for enlisting
in the Armed Forces.
Sec. 530. Waiver of time limitations for award of certain decorations
to certain persons.
Sec. 531. Prohibition on entry into correctional facilities for
presentation of decorations to persons who
commit certain crimes before presentation.
Sec. 532. Advancement of Benjamin O. Davis, Junior, to grade of
general.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 1999.
Sec. 602. Rate of pay for cadets and midshipmen at the service
academies.
Sec. 603. Payments for movements of household goods arranged by
members.
Sec. 604. Leave without pay for suspended academy cadets and
midshipmen.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Three-month extension of certain bonuses and special pay
authorities for reserve forces.
Sec. 612. Three-month extension of certain bonuses and special pay
authorities for nurse officer candidates,
registered nurses, and nurse anesthetists.
Sec. 613. Three-month extension of authorities relating to payment of
other bonuses and special pays.
Sec. 614. Eligibility of Reserves for selective reenlistment bonus when
reenlisting or extending to perform active
guard and reserve duty.
Sec. 615. Repeal of ten-percent limitation on payments of selective
reenlistment bonuses in excess of $20,000.
Sec. 616. Increase of maximum amount authorized for Army enlistment
bonus.
Sec. 617. Education loan repayment program for health professions
officers serving in Selected Reserve.
Sec. 618. Increase in amount of basic educational assistance under all-
volunteer force program for personnel with
critically short skills or specialties.
Sec. 619. Relationship of entitlements to enlistment bonuses and
benefits under the All-Volunteer Force
Educational Assistance Program.
Sec. 620. Hardship duty pay.
Sec. 620A. Increased hazardous duty pay for aerial flight crewmembers
in pay grades E-4 to E-9.
Sec. 620B. Diving duty special pay for divers having diving duty as a
nonprimary duty.
Sec. 620C. Retention incentives initiative for critically short
military occupational specialties.
Subtitle C--Travel and Transportation Allowances
Sec. 621. Travel and transportation for rest and recuperation in
connection with contingency operations and
other duty.
Sec. 622. Payment for temporary storage of baggage of dependent student
not taken on annual trip to overseas duty
station of sponsor.
Sec. 623. Commercial travel of Reserves at Federal supply schedule
rates for attendance at inactive duty
training assemblies.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
Sec. 631. Paid-up coverage under Survivor Benefit Plan.
Sec. 632. Court-required Survivor Benefit Plan coverage effectuated
through elections and deemed elections.
Sec. 633. Recovery, care, and disposition of remains of medically
retired member who dies during
hospitalization that begins while on active
duty.
Sec. 634. Survivor Benefit Plan open enrollment period.
Sec. 635. Eligibility for payments of certain survivors of captured and
interned Vietnamese operatives who were
unmarried and childless at death.
Sec. 636. Clarification of recipient of payments to persons captured or
interned by North Vietnam.
Sec. 637. Presentation of United States flag to members of the Armed
Forces.
Sec. 638. Elimination of backlog of unpaid retired pay.
Subtitle E--Other Matters
Sec. 641. Definition of possessions of the United States for pay and
allowances purposes.
Sec. 642. Federal employees' compensation coverage for students
participating in certain officer candidate
programs.
Sec. 643. Authority to provide financial assistance for education of
certain defense dependents overseas.
Sec. 644. Voting rights of military personnel.
TITLE VII--HEALTH CARE
Sec. 701. Dependents' dental program.
Sec. 702. Extension of authority for use of personal services contracts
for provision of health care at military
entrance processing stations and elsewhere
outside medical treatment facilities.
Sec. 703. TRICARE Prime automatic enrollments and retiree payment
options.
Sec. 704. Limited continued CHAMPUS coverage for persons unaware of a
loss of CHAMPUS coverage resulting from
eligibility for medicare.
Sec. 705. Enhanced Department of Defense organ and tissue donor
program.
Sec. 706. Joint Department of Defense and Department of Veterans
Affairs reviews relating to
interdepartmental cooperation in the
delivery of medical care.
Sec. 707. Demonstration projects to provide health care to certain
medicare-eligible beneficiaries of the
military health care system.
Sec. 708. Professional qualifications of physicians providing military
health care.
Sec. 709. Assessment of establishment of independent entity to evaluate
post-conflict illnesses among members of
the Armed Forces and health care provided
by the Department of Defense and Department
of Veterans Affairs before and after
deployment of such members.
Sec. 710. Lyme disease.
Sec. 711. Accessibility to care under TRICARE.
Sec. 712. Health benefits for abused dependents of members of the Armed
Forces.
Sec. 713. Process for waiving informed consent requirement for
administration of certain drugs to members
of Armed Forces.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Sec. 801. Para-aramid fibers and yarns.
Sec. 802. Procurement of travel services for official and unofficial
travel under one contract.
Sec. 803. Limitation on use of price preference upon attainment of
contract goal for small and disadvantaged
businesses.
Sec. 804. Distribution of assistance under the Procurement Technical
Assistance Cooperative Agreement Program.
Sec. 805. Defense commercial pricing management improvement.
Sec. 806. Department of Defense purchases through other agencies.
Sec. 807. Supervision of Defense Acquisition University structure by
Under Secretary of Defense for Acquisition
and Technology.
Sec. 808. Repeal of requirement for Director of Acquisition Education,
Training, and Career Development to be
within the Office of the Under Secretary of
Defense for Acquisition and Technology.
Sec. 809. Eligibility of involuntarily downgraded employee for
membership in an acquisition corps.
Sec. 810. Pilot programs for testing program manager performance of
product support oversight responsibilities
for life cycle of acquisition programs.
Sec. 811. Scope of protection of certain information from disclosure.
Sec. 812. Plan for rapid transition from completion of Small Business
Innovation Research into defense
acquisition programs.
Sec. 813. Senior executives covered by limitation on allowability of
compensation for certain contractor
personnel.
Sec. 814. Separate determinations of exceptional waivers of truth in
negotiation requirements for prime
contracts and subcontracts.
Sec. 815. Five-year authority for Secretary of the Navy to exchange
certain items.
Sec. 816. Clarification of responsibility for submission of information
on prices previously charged for property
or services offered.
Sec. 817. Denial of qualification of a small disadvantaged business
supplier.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Reduction in number of Assistant Secretary of Defense
positions.
Sec. 902. Renaming of position of Assistant Secretary of Defense for
Command, Control, Communications, and
Intelligence.
Sec. 903. Authority to expand the National Defense University.
Sec. 904. Reduction in Department of Defense headquarters staff.
Sec. 905. Permanent requirement for quadrennial defense review.
Sec. 906. Management reform for research, development, test, and
evaluation.
Sec. 907. Restructuring of administration of Fisher Houses.
Sec. 908. Redesignation of Director of Defense Research and Engineering
as Director of Defense Technology and
Counterproliferation and transfer of
responsibilities.
Sec. 909. Center for Hemispheric Defense Studies.
Sec. 910. Military aviation accident investigations.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Authorization of emergency appropriations for fiscal year
1999.
Sec. 1003. Authorization of prior emergency supplemental appropriations
for fiscal year 1998.
Sec. 1004. Partnership for Peace information system management.
Sec. 1005. Reductions in fiscal year 1998 authorizations of
appropriations for division A and division
B and increases in certain authorizations
of appropriations.
Sec. 1006. Amount authorized for contributions for NATO common-funded
budgets.
Subtitle B--Naval Vessels
Sec. 1011. Iowa class battleship returned to Naval Vessel Register.
Sec. 1012. Long-term charter of three vessels in support of submarine
rescue, escort, and towing.
Sec. 1013. Transfers of certain naval vessels to certain foreign
countries.
Sec. 1014. Sense of Congress concerning the naming of an LPD-17 vessel.
Sec. 1015. Conveyance of NDRF vessel ex-U.S.S. Lorain County.
Sec. 1016. Homeporting of the U.S.S. Iowa battleship in San Francisco.
Sec. 1017. Ship scrapping pilot program.
Subtitle C--Miscellaneous Report Requirements and Repeals
Sec. 1021. Repeal of reporting requirements.
Sec. 1022. Report on Department of Defense financial management
improvement plan.
Sec. 1023. Feasibility study of performance of Department of Defense
finance and accounting functions by private
sector sources or other Federal Government
sources.
Sec. 1024. Reorganization and consolidation of operating locations of
the Defense Finance and Accounting Service.
Sec. 1025. Report on inventory and control of military equipment.
Sec. 1026. Report on continuity of essential operations at risk of
failure because of computer systems that
are not year 2000 compliant.
Sec. 1027. Reports on naval surface fire-support capabilities.
Sec. 1028. Report on roles in Department of Defense aviation accident
investigations.
Sec. 1029. Strategic plan for expanding distance learning initiatives.
Sec. 1030. Report on involvement of Armed Forces in contingency and
ongoing operations.
Sec. 1031. Submission of report on objectives of a contingency
operation with first request for funding
the operation.
Sec. 1032. Reports on the development of the European Security and
Defense Identity.
Sec. 1033. Report on reduction of infrastructure costs at Brooks Air
Force Base, Texas.
Sec. 1034. Annual GAO review of F/A-18E/F aircraft program.
Sec. 1035. Review and report regarding the distribution of National
Guard resources among States.
Sec. 1036. Report on the peaceful employment of former Soviet experts
on weapons of mass destruction.
Subtitle D--Other Matters
Sec. 1041. Cooperative counterproliferation program.
Sec. 1042. Extension of counterproliferation authorities for support of
United Nations Special Commission on Iraq.
Sec. 1043. One-year extension of limitation on retirement or
dismantlement of strategic nuclear delivery
systems.
Sec. 1044. Direct-line communication between United States and Russian
commanders of strategic forces.
Sec. 1045. Chemical warfare defense.
Sec. 1046. Accounting treatment of advance payment of personnel.
Sec. 1047. Reinstatement of definition of financial institution in
authorities for reimbursing defense
personnel for Government errors in direct
deposits of pay.
Sec. 1048. Pilot program on alternative notice of receipt of legal
process for garnishment of Federal pay for
child support and alimony.
Sec. 1049. Costs payable to the Department of Defense and other Federal
agencies for services provided to the
Defense Commissary Agency.
Sec. 1050. Collection of dishonored checks presented at commissary
stores.
Sec. 1051. Defense Commissary Agency telecommunications.
Sec. 1052. Research grants competitively awarded to service academies.
Sec. 1053. Clarification and simplification of responsibilities of
Inspectors General regarding whistleblower
protections.
Sec. 1054. Amounts recovered from claims against third parties for loss
or damage to personal property shipped or
stored at Government expense.
Sec. 1055. Eligibility for attendance at Department of Defense domestic
dependent elementary and secondary schools.
Sec. 1056. Fees for providing historical information to the public.
Sec. 1057. Periodic inspection of the Armed Forces Retirement Home.
Sec. 1058. Transfer of F-4 Phantom II aircraft to foundation.
Sec. 1059. Act constituting presidential approval of vessel war risk
insurance requested by the Secretary of
Defense.
Sec. 1060. Commendation and memorialization of the United States Navy
Asiatic Fleet.
Sec. 1061. Program to commemorate 50th anniversary of the Korean War.
Sec. 1062. Department of Defense use of frequency spectrum.
Sec. 1063. Technical and clerical amendments.
Sec. 1064. Extension and reauthorization of Defense Production Act of
1950.
Sec. 1065. Budgeting for continued participation of United States
forces in NATO operations in Bosnia and
Herzegovina.
Sec. 1066. NATO participation in the performance of public security
functions of civilian authorities in Bosnia
and Herzegovina.
Sec. 1067. Pilot program for revitalizing the laboratories and test and
evaluation centers of the Department of
Defense.
Sec. 1068. Sense of Congress regarding the heroism, sacrifice, and
service of former South Vietnamese
commandos in connection with United States
Armed Forces during the Vietnam conflict.
Sec. 1069. Sense of the Senate regarding declassification of classified
information of the Department of Defense
and the Department of Energy.
Sec. 1070. Russian nonstrategic nuclear weapons.
Sec. 1071. Sense of Senate on nuclear tests in South Asia.
Sec. 1072. Sense of Congress regarding continued participation of
United States forces in operations in
Bosnia and Herzegovina.
Sec. 1073. Commission to assess the reliability, safety, and security
of the United States nuclear deterrent.
Sec. 1074. Authority for waiver of moratorium on Armed Forces use of
antipersonnel landmines.
Sec. 1075. Appointment of Director and Deputy Director of the Naval
Home.
Sec. 1076. Sense of the Congress on the Defense Science and Technology
Program.
Sec. 1077. Demilitarization and exportation of defense property.
Sec. 1078. Designation of America's National Maritime Museum.
Sec. 1079. Burial honors for veterans.
Sec. 1080. Chemical stockpile emergency preparedness program.
Sec. 1081. Sense of Senate regarding the August 1995 assassination
attempt against President Shevardnadze of
Georgia.
Sec. 1082. Issuance of burial flags for deceased members and former
members of the Selected Reserve.
Sec. 1083. Eliminating secret Senate holds.
Sec. 1084. Defense burdensharing.
Sec. 1085. Review of Defense Automated Printing Service functions.
Sec. 1086. Increased missile threat in Asia-Pacific region.
Sec. 1087. Cooperation between the Department of the Army and the EPA
in meeting CWC requirements.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Repeal of employment preference not needed for recruitment
and retention of qualified child care
providers.
Sec. 1102. Maximum pay rate comparability for faculty members of the
United States Air Force Institute of
Technology.
Sec. 1103. Four-year extension of voluntary separation incentive pay
authority.
Sec. 1104. Department of Defense employee voluntary early retirement
authority.
Sec. 1105. Defense Advanced Research Projects Agency experimental
personnel management program for technical
personnel.
TITLE XII--JOINT WARFIGHTING EXPERIMENTATION
Sec. 1201. Findings.
Sec. 1202. Sense of Congress.
Sec. 1203. Reports on joint warfighting experimentation.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out fiscal year 1998
project.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
Sec. 2405. Modification of authority to carry out certain fiscal year
1995 projects.
Sec. 2406. Modification of authority to carry out fiscal year 1990
project.
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. Reduction in fiscal year 1998 authorization of
appropriations for Army Reserve military
construction.
Sec. 2603. National Guard Military Educational Facility, Fort Bragg,
North Carolina.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1996
projects.
Sec. 2703. Extension of authorization of fiscal year 1995 project.
Sec. 2704. Authorization of additional military construction and
military family housing projects.
Sec. 2705. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Modification of authority relating to architectural and
engineering services and construction
design.
Sec. 2802. Expansion of Army overseas family housing lease authority.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Increase in thresholds for reporting requirements relating
to real property transactions.
Sec. 2812. Exceptions to real property transaction reporting
requirements for war and certain emergency
and other operations.
Sec. 2813. Waiver of applicability of property disposal laws to leases
at installations to be closed or realigned
under the base closure laws.
Sec. 2814. Restoration of Department of Defense lands used by another
Federal agency.
Subtitle C--Land Conveyances
Sec. 2821. Land conveyance, Indiana Army Ammunition Plant, Charlestown,
Indiana.
Sec. 2822. Land conveyance, Army Reserve Center, Bridgton, Maine.
Sec. 2823. Land conveyance, Volunteer Army Ammunition Plant,
Chattanooga, Tennessee.
Sec. 2824. Release of interests in real property, former Kennebec
Arsenal, Augusta, Maine.
Sec. 2825. Land exchange, Naval Reserve Readiness Center, Portland,
Maine.
Sec. 2826. Land conveyance, Air Force Station, Lake Charles, Louisiana.
Sec. 2827. Expansion of land conveyance authority, Eglin Air Force
Base, Florida.
Sec. 2828. Conveyance of water rights and related interests, Rocky
Mountain Arsenal, Colorado, for purposes of
acquisition of perpetual contracts for
water.
Sec. 2829. Land conveyance, Naval Air Reserve Center, Minneapolis,
Minnesota.
Sec. 2830. Land conveyance, Army Reserve Center, Peoria, Illinois.
Sec. 2830A. Land conveyance, Skaneateles, New York.
Sec. 2830B. Reauthorization of land conveyance, Army Reserve Center,
Youngstown, Ohio.
Sec. 2830C. Conveyance of utility systems, Lone Star Army Ammunition
Plant, Texas.
Sec. 2830D. Modification of land conveyance authority, Finley Air Force
Station, Finley, North Dakota.
Subtitle D--Other Matters
Sec. 2831. Purchase of build-to-lease family housing at Eielson Air
Force Base, Alaska.
Sec. 2832. Beach replenishment, San Diego, California.
Sec. 2833. Modification of authority relating to Department of Defense
Laboratory Revitalization Demonstration
Program.
Sec. 2834. Report and requirement relating to ``1 plus 1 barracks
initiative''.
Sec. 2835. Development of Ford Island, Hawaii.
Sec. 2836. Report on leasing and other alternative uses of non-excess
military property.
Sec. 2837. Emergency repairs and stabilization measures, Forest Glen
Annex of Walter Reed Army Medical Center,
Maryland.
Subtitle E--Base Closures
Sec. 2851. Modification of limitations on general authority relating to
base closures and realignments.
Sec. 2852. Prohibition on closure of a base within four years after a
realignment of the base.
Sec. 2853. Sense of the Senate on further rounds of base closures.
TITLE XXIX--JUNIPER BUTTE RANGE WITHDRAWAL
Sec. 2901. Short title.
Sec. 2902. Withdrawal and reservation.
Sec. 2903. Map and legal description.
Sec. 2904. Agency agreement.
Sec. 2905. Right-of-way grants.
Sec. 2906. Indian sacred sites.
Sec. 2907. Actions concerning ranching operations in withdrawn area.
Sec. 2908. Management of withdrawn and reserved lands.
Sec. 2909. Integrated natural resource management plan.
Sec. 2910. Memorandum of understanding.
Sec. 2911. Maintenance of roads.
Sec. 2912. Management of withdrawn and acquired mineral resources.
Sec. 2913. Hunting, fishing, and trapping.
Sec. 2914. Water rights.
Sec. 2915. Duration of withdrawal.
Sec. 2916. Environmental remediation of relinquished withdrawn lands or
upon termination of withdrawal.
Sec. 2917. Delegation of authority.
Sec. 2918. Sense of Senate regarding monitoring of withdrawn lands.
Sec. 2919. Authorization of appropriations.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Defense environmental management privatization.
Subtitle B--Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Funds available for all national security programs of the
Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfers of defense environmental management funds.
Subtitle C--Program Authorizations, Restrictions, and Limitations
Sec. 3131. International cooperative stockpile stewardship.
Sec. 3132. Prohibition on use of funds for ballistic missile defense
and theater missile defense.
Sec. 3133. Licensing of certain mixed oxide fuel fabrication and
irradiation facilities.
Sec. 3134. Continuation of processing, treatment, and disposition of
legacy nuclear materials.
Sec. 3135. Authority for Department of Energy federally funded research
and development centers to participate in
merit-based technology research and
development programs.
Sec. 3136. Support for public education in the vicinity of Los Alamos
National Laboratory, New Mexico.
Sec. 3137. Cost-sharing for operation of the Hazardous Materials
Management and Emergency Response training
facility, Richland, Washington.
Sec. 3138. Hanford Health Information Network.
Sec. 3139. Nonproliferation activities.
Sec. 3140. Activities of the contractor-operated facilities of the
Department of Energy.
Sec. 3140A. Relocation of National Atomic Museum, Albuquerque, New
Mexico.
Subtitle D--Other Matters
Sec. 3141. Repeal of fiscal year 1998 statement of policy on stockpile
stewardship program.
Sec. 3142. Increase in maximum rate of pay for scientific, engineering,
and technical personnel responsible for
safety at defense nuclear facilities.
Sec. 3143. Sense of Senate regarding treatment of Formerly Utilized
Sites Remedial Action Program under a
nondefense discretionary budget function.
Sec. 3144. Extension of authority for appointment of certain
scientific, engineering, and technical
personnel.
Sec. 3145. Extension of authority of Department of Energy to pay
voluntary separation incentive payments.
Sec. 3146. Inspection of permanent records prior to declassification.
Sec. 3147. Sense of Senate regarding memoranda of understanding with
the State of Oregon relating to Hanford.
Sec. 3148. Review of calculation of overhead costs of cleanup at
Department of Energy sites.
Sec. 3149. Sense of the Congress on funding requirements for the
nonproliferation science and technology
activities of the Department of Energy.
Sec. 3150. Deadline for selection of technology for tritium production.
Subtitle E--Maximum Age for New Department of Energy Nuclear Materials
Couriers
Sec. 3161. Maximum age to enter nuclear courier force.
Sec. 3162. Definition.
Sec. 3163. Amending section 8334(a)(1) of title 5, U.S.C.
Sec. 3164. Amending section 8336(c)(1) of title 5, U.S.C.
Sec. 3165. Amending section 8401 of title 5, U.S.C.
Sec. 3166. Amending section 8412(d) of title 5, U.S.C.
Sec. 3167. Amending section 8415(g) of title 5, U.S.C.
Sec. 3168. Amending section 8422(a)(3) of title 5, U.S.C.
Sec. 3169. Amending sections 8423(a) (1)(B)(i) and (3)(A) of title 5,
U.S.C.
Sec. 3170. Amending section 8335(b) of title 5, U.S.C.
Sec. 3171. Payments.
Sec. 3172. Effective date.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Authority to dispose of certain materials in National
Defense Stockpile.
Sec. 3304. Use of stockpile funds for certain environmental
remediation, restoration, waste management,
and compliance activities.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--PANAMA CANAL COMMISSION
Sec. 3501. Short title; references to Panama Canal Act of 1979.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures only in accordance with treaties.
Sec. 3505. Donations to the Commission.
Sec. 3506. Agreements for United States to provide post-transfer
administrative services for certain
employee benefits.
Sec. 3507. Sunset of United States overseas benefits just before
transfer.
Sec. 3508. Central Examining Office.
Sec. 3509. Liability for vessel accidents.
Sec. 3510. Placement of United States citizens in positions with the
United States Government.
Sec. 3511. Panama Canal Board of Contract Appeals.
Sec. 3512. Technical amendments.
Sec. 3513. Officer of the Department of Defense designated as a member
of the Panama Canal Commission Supervisory
Board.
TITLE XXXVI--COMMERCIAL ACTIVITIES OF PEOPLE'S LIBERATION ARMY
Sec. 3601. Application of authorities under the International Emergency
Economic Powers Act to Chinese military
companies.
Sec. 3602. Definition.
TITLE XXXVII--FORCED OR INDENTURED LABOR
Sec. 3701. Findings.
Sec. 3702. Authorization for additional Customs personnel to monitor
the importation of products made with
forced or indentured labor.
Sec. 3703. Reporting requirement on forced labor or indentured labor
products destined for the United States
market.
Sec. 3704. Renegotiating memoranda of understanding on forced labor.
TITLE XXXVIII--FAIR TRADE IN AUTOMOTIVE PARTS
Sec. 3801. Short title.
Sec. 3802. Definitions.
Sec. 3803. Re-establishment of initiative on automotive parts sales to
Japan.
Sec. 3804. Establishment of special advisory committee on automotive
parts sales in Japanese and other Asian
markets.
Sec. 3805. Expiration date
TITLE XXXIX --RADIO FREE ASIA
Sec. 3901. Short title.
Sec. 3902. Findings.
Sec. 3903. Authorization of appropriations for increased funding for
Radio Free Asia and Voice of America
broadcasting to China.
Sec. 3904. Reporting requirement.
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 National Security and the Committee on
Appropriations of the House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 1999
for procurement for the Army as follows:
(1) For aircraft, $1,466,508,000.
(2) For missiles, $1,175,539,000.
(3) For weapons and tracked combat vehicles,
$1,443,108,000.
(4) For ammunition, $1,010,155,000.
(5) For other procurement, $3,565,927,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated for
fiscal year 1999 for procurement for the Navy as follows:
(1) For aircraft, $7,499,934,000.
(2) For weapons, including missiles and torpedoes,
$1,370,045,000.
(3) For shipbuilding and conversion, $6,067,272,000.
(4) For other procurement, $4,052,012,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 1999 for procurement for the Marine Corps in the amount
of $910,558,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
to be appropriated for procurement of ammunition for the Navy and the
Marine Corps in the amount of $476,539,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 1999
for procurement for the Air Force as follows:
(1) For aircraft, $8,303,839,000.
(2) For missiles, $2,354,745,000.
(3) For ammunition, $384,161,000.
(4) For other procurement, $6,792,081,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 1999
for Defense-wide procurement in the amount of $2,029,250,000.
SEC. 105. RESERVE COMPONENTS.
Funds are hereby authorized to be appropriated for fiscal year 1999
for procurement of aircraft, vehicles, communications equipment, and
other equipment for the reserve components of the Armed Forces as
follows:
(1) For the Army National Guard, $10,000,000.
(2) For the Air National Guard, $10,000,000.
(3) For the Army Reserve, $10,000,000.
(4) For the Naval Reserve, $10,000,000.
(5) For the Air Force Reserve, $10,000,000.
(6) For the Marine Corps Reserve, $10,000,000.
SEC. 106. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 1999
for procurement for the Inspector General of the Department of Defense
in the amount of $1,300,000.
SEC. 107. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal year 1999
the amount of $780,150,000 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 material 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 1999
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 $402,387,000.
SEC. 109. DEFENSE EXPORT LOAN GUARANTEE PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 1999
for the Department of Defense for carrying out the Defense Export Loan
Guarantee Program under section 2540 of title 10, United States Code,
in the total amount of $1,250,000.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR LONGBOW HELLFIRE MISSILE
PROGRAM.
Beginning with the fiscal year 1999 program year, the Secretary of
the Army may, in accordance with section 2306b of title 10, United
States Code, enter into a multiyear procurement contract for the
procurement of the Longbow Hellfire missile. The contract may be for a
term of five years.
SEC. 112. CONDITION FOR AWARD OF MORE THAN ONE MULTIYEAR CONTRACT FOR
THE FAMILY OF MEDIUM TACTICAL VEHICLES.
Before awarding a multiyear procurement contract for the production
of the Family of Medium Tactical Vehicles to more than one contractor
under the authority of section 112(b) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
1648), the Secretary of the Army shall certify in writing to the
congressional defense committees that--
(1) the total quantity of Family of Medium Tactical
Vehicles trucks required by the Army to be delivered in any 12-
month period exceeds the production capacity of any single
prime contractor; or
(2)(A) the total cost of the procurements to the Army under
all such contracts over the period of the contracts will be the
same as or lower than the amount that would be the total cost
of the procurements if only one such contract were awarded; and
(B) the vehicles to be produced by all contractors under
the contracts will be produced with common components that will
be interchangeable among similarly configured models.
SEC. 113. ARMORED SYSTEM MODERNIZATION.
(a) Limitation.--Of the funds authorized to be appropriated under
section 101(3), $20,300,000 of the funds available for the M1A1D
Application Integration Kit may not be obligated for the procurement of
the Kit until 30 days after the Secretary of the Army submits the
report required under subsection (b).
(b) Report.--Not later than January 31, 1999, the Secretary of the
Army shall submit a report on armored system modernization to the
congressional defense committees. The report shall contain an
assessment of the current acquisition and fielding strategies for the
M1A2 Abrams Tank and M2A3 Bradley Fighting Vehicle and an assessment of
alternatives to those strategies. The report shall specifically include
an assessment of an alternative fielding strategy that provides for
placing all of the armored vehicles configured in the latest variant
into one heavy corps. The assessment of each alternative strategy shall
include the following:
(1) The relative effects on warfighting capabilities in
terms of operational effectiveness and training and support
efficiencies, taking into consideration the joint warfighting
context.
(2) How the alternative strategy would facilitate the
transition to the Future Scout and Cavalry System, the Future
Combat System, or other armored systems for the future force
structure known as the Army After Next.
(3) How the alternative strategy fits into the context of
overall armored system modernization through 2020.
(4) Budgetary implications.
(5) Implications for the national technology and industrial
base.
SEC. 114. REACTIVE ARMOR TILES.
(a) Limitation.--None of the funds authorized to be appropriated
under section 101(3) or 102(b) may be obligated for the procurement of
reactive armor tiles until 30 days after the date on which the
Secretary of Defense submits to the congressional defense committees
the study required by subsection (c).
(b) Exception.--The limitation in subsection (a) does not apply to
the obligation of any funds for the procurement of armor tiles for an
armored vehicle for which the Secretary of the Army or, in the case of
the Marine Corps, the Secretary of the Navy, had established a
requirement for such tiles before the date of the enactment of this
Act.
(c) Study Required.--(1) The Secretary of Defense shall contract
with an entity independent of the Department of Defense to conduct a
study of the present and future operational requirements of the Army
and the Marine Corps for reactive armor tiles for armored vehicles and
to submit to the Secretary a report on the results of the study.
(2) The study shall include the following:
(A) A detailed assessment of the operational requirements
of the Army and the Marine Corps for reactive armor tiles for
each of the armored vehicles presently in use, including the
requirements for each vehicle in its existing configurations
and in configurations proposed for the vehicle.
(B) For each armored vehicle, an analysis of the costs and
benefits of the procurement and installation of the tiles,
including a comparison of those costs and benefits with the
costs and benefits of any existing upgrade program for the
armored vehicle.
(3) The entity carrying out the study shall request the views of
the Secretary of the Army and the Secretary of the Navy.
(d) Submission to Congress.--Not later than April 1, 1999, the
Secretary of Defense shall submit to the congressional defense
committees--
(1) the report on the study;
(2) the comments of the Secretary of the Army and the
Secretary of the Navy on the study; and
(3) for each vehicle for which it is determined that a
requirement for reactive armor tiles exists, the Secretary's
recommendations as to the number of vehicles to be equipped
with the tiles.
SEC. 115. ANNUAL REPORTING OF COSTS ASSOCIATED WITH TRAVEL OF MEMBERS
OF CHEMICAL DEMILITARIZATION CITIZENS' ADVISORY
COMMISSION.
(a) Information To Be Included in Annual Report on Chemical
Demilitarization Program.--Section 1412(g)(2) of the Department of
Defense Authorization Act, 1986 (50 U.S.C. 1521(g)(2)) is amended by
adding at the end the following:
``(C) An accounting of all funds expended (for the fiscal
year covered by the report) for travel and associated travel
costs for Citizens' Advisory Commissioners under section 172(g)
of Public Law 102-484 (50 U.S.C. 1521 note).''.
(b) Technical Amendment.--Section 1412(g) of section 1412 of such
Act is amended by striking out ``(g) Periodic Reports.--'' and
inserting in lieu thereof ``(g) Annual Report.--''.
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 out ``During fiscal years 1993
through 1998'' and inserting in lieu thereof ``During fiscal years 1993
through 1999''.
SEC. 117. ALTERNATIVE TECHNOLOGIES FOR DESTRUCTION OF ASSEMBLED
CHEMICAL WEAPONS.
(a) Program Management.--The program manager for the Assembled
Chemical Weapons Assessment shall continue to manage the development
and testing (including demonstration and pilot-scale testing) of
technologies for the destruction of lethal chemical munitions that are
potential or demonstrated alternatives to incineration. In performing
such function, the program manager shall act independently of the
program manager for the baseline chemical demilitarization program and
shall report to the Under Secretary of Defense for Acquisition and
Technology.
(b) Post-Demonstration Activities.--(1) The program manager for the
Assembled Chemical Weapons Assessment may undertake the activities that
are necessary to ensure that an alternative technology for the
destruction of lethal chemical munitions can be implemented immediately
after--
(A) the technology has been demonstrated successful; and
(B) the Under Secretary of Defense for Acquisition and
Technology has submitted a report on the demonstration to
Congress.
(2) To prepare for the immediate implementation of any such
technology, the program manager may, during fiscal years 1998 and 1999,
take the following actions:
(A) Establish program requirements.
(B) Prepare procurement documentation.
(C) Develop environmental documentation.
(D) Identify and prepare to meet public outreach and public
participation requirements.
(E) Prepare to award a contract for the design,
construction, and operation of a pilot facility for the
technology to the provider team for the technology not later
than June 1, 1999.
(c) Independent Evaluation.--The Under Secretary of Defense for
Acquisition and Technology shall provide for two evaluations of the
cost and schedule of the Assembled Chemical Weapons Assessment to be
performed, and for each such evaluation to be submitted to the Under
Secretary, not later than September 30, 1999. One of the evaluations
shall be performed by a nongovernmental organization qualified to make
such an evaluation, and the other evaluation shall be performed
separately by the Cost Analysis Improvement Group of the Department of
Defense.
(d) Pilot Facilities Contracts.--(1) The Under Secretary of Defense
for Acquisition and Technology shall determine whether to proceed with
pilot-scale testing of a technology referred to in paragraph (2) in
time to award a contract for the design, construction, and operation of
a pilot facility for the technology to the provider team for the
technology not later than December 30, 1999. If the Under Secretary
determines to proceed with such testing, the Under Secretary shall
(exercising the acquisition authority of the Secretary of Defense) so
award a contract not later than such date.
(2) Paragraph (1) applies to an alternative technology for the
destruction of lethal chemical munitions, other than incineration, that
the Under Secretary--
(A) certifies in writing to Congress is--
(i) as safe and cost effective for disposing of
assembled chemical munitions as is incineration of such
munitions; and
(ii) is capable of completing the destruction of
such munitions on or before the later of the date by
which the destruction of the munitions would be
completed if incineration were used or the deadline
date for completing the destruction of the munitions
under the Chemical Weapons Convention; and
(B) determines as satisfying the Federal and State
environmental and safety laws that are applicable to the use of
the technology and to the design, construction, and operation
of a pilot facility for use of the technology.
(3) The Under Secretary shall consult with the National Research
Council in making determinations and certifications for the purpose of
paragraph (2).
(4) In this subsection, the term ``Chemical Weapons Convention''
means the Convention on the Prohibition of Development, Production,
Stockpiling and Use of Chemical Weapons and on their Destruction,
opened for signature on January 13, 1993, together with related annexes
and associated documents.
(e) Funding.--(1) Of the total amount authorized to be appropriated
under section 107, $18,000,000 shall be available for the program
manager for the Assembled Chemical Weapons Assessment for the
following:
(A) Demonstrations of alternative technologies under the
Assembled Chemical Weapons Assessment.
(B) Planning and preparation to proceed from demonstration
of an alternative technology immediately into the development
of a pilot-scale facility for the technology, including
planning and preparation for--
(i) continued development of the technology leading
to deployment of the technology for use;
(ii) satisfaction of requirements for environmental
permits;
(iii) demonstration, testing, and evaluation;
(iv) initiation of actions to design a pilot plant;
(v) provision of support at the field office or
depot level for deployment of the technology for use;
and
(vi) educational outreach to the public to engender
support for the deployment.
(C) The independent evaluation of cost and schedule
required under subsection (c).
(2) Funds authorized to be appropriated under section 107(1) are
authorized to be used for awarding contracts in accordance with
subsection (d) and for taking any other action authorized in this
section.
(f) Assembled Chemical Weapons Assessment Defined.--In this
section, 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).
Subtitle C--Navy Programs
SEC. 121. CVN-77 NUCLEAR AIRCRAFT CARRIER PROGRAM.
Of the amount authorized to be appropriated under section 102(a)(3)
for fiscal year 1999, $124,500,000 is available for the advance
procurement and advance construction of components (including nuclear
components) for the CVN-77 nuclear aircraft carrier program.
SEC. 122. INCREASED AMOUNT TO BE EXCLUDED FROM COST LIMITATION FOR
SEAWOLF SUBMARINE PROGRAM.
Section 123(a) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 1650) is amended by striking
out ``$272,400,000'' and inserting in lieu thereof ``$557,600,000''.
SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR THE MEDIUM TACTICAL
VEHICLE REPLACEMENT.
Beginning with the fiscal year 1999 program year, the Secretary of
the Navy may, in accordance with section 2306b of title 10, United
States Code, enter into a multiyear procurement contract for the
procurement of the Medium Tactical Vehicle Replacement. The contract
may be for a term of five years.
SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR CERTAIN AIRCRAFT
PROGRAMS.
Beginning with the fiscal year 1999 program year, the Secretary of
the Navy may, in accordance with section 2306b of title 10, United
States Code, enter into multiyear contracts for the procurement of the
following aircraft:
(1) The AV-8B aircraft.
(2) The E-2C aircraft.
(3) The T-45 aircraft.
Subtitle D--Air Force Programs
SEC. 131. JOINT SURVEILLANCE TARGET ATTACK RADAR SYSTEM.
(a) Amount for Follow-On Options.--Of the amount authorized to be
appropriated under section 103(1) for the Joint Surveillance Target
Attack Radar System (JSTARS) program, $72,000,000 is available for
funding the following options:
(1) Advance procurement of long-lead items for two
additional E-8C JSTARS aircraft.
(2) Payment of expenses associated with termination of
production of JSTARS aircraft, together with augmentation of
other funding for the program for development of an improved
joint surveillance target attack radar, known as the radar
technology insertion program.
(b) Limitation.--None of the funds available in accordance with
subsection (a) for funding an option described in that subsection may
be obligated until 30 days after the date on which the Secretary of
Defense submits to Congress a plan for using the funds. The plan shall
specify the option selected, the reasons for the selection of that
option, and details about how the funds are to be used for that option.
SEC. 132. LIMITATION ON REPLACEMENT OF ENGINES ON MILITARY AIRCRAFT
DERIVED FROM BOEING 707 AIRCRAFT.
None of the funds authorized to be appropriated under this title
may be obligated or expended for the replacement of engines on aircraft
of the Department of Defense that are derived from the Boeing 707
aircraft until the Secretary of Defense has submitted the analysis
required by section 133 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1652).
SEC. 133. F-22 AIRCRAFT PROGRAM.
(a) Limitation on Advance Procurement.--(1) Amounts available for
the Department of Defense for any fiscal year for the F-22 aircraft
program may not be obligated for advance procurement for the six Lot II
F-22 aircraft before the date that is 30 days after date that is
applicable under paragraph (2) or (3).
(2) The applicable date for the purposes of paragraph (1) is the
date on which the Secretary of Defense submits a certification under
subsection (b)(1) unless the Secretary submits a report under
subsection (b)(2).
(3) If the Secretary submits a report under subsection (b)(2), the
applicable date for the purposes of paragraph (1) is the later of--
(A) the date on which the Secretary of Defense submits the
report; or
(B) the date on which the Director of Operational Test and
Evaluation submits the certification required under subsection
(c).
(b) Certification by Secretary of Defense.--(1) Upon the completion
of 433 hours of flight testing of F-22 flight test vehicles, the
Secretary of Defense shall submit to the congressional defense
committees a certification of the completion of that amount of flight
testing. A certification is not required under this paragraph if the
Secretary submits a report under paragraph (2).
(2) If the Secretary determines that a number of hours of flight
testing of F-22 flight test vehicles less than 433 hours provides the
Defense Acquisition Board with a sufficient basis for deciding to
proceed into production of Lot II F-22 aircraft, the Secretary may
submit a report to the congressional defense committees upon the
completion of that lesser number of hours of flight testing. A report
under this paragraph shall contain the following:
(A) A certification of the number of hours of flight
testing completed.
(B) The reasons for the Secretary's determination that the
lesser number of hours is a sufficient basis for a decision by
the board.
(C) A discussion of the extent to which the Secretary's
determination is consistent with each decision made by the
Defense Acquisition Board since January 1997 in the case of a
major aircraft acquisition program that the amount of flight
testing completed for the program was sufficient or not
sufficient to justify a decision to proceed into low-rate
initial production.
(D) A determination by the Secretary that it is more
financially advantageous for the Department to proceed into
production of Lot II F-22 aircraft than to delay production
until completion of 433 hours of flight testing, together with
the reasons for that determination.
(c) Certification by the Director of Operational Test and
Evaluation.--Upon the completion of 183 hours of the flight testing of
F-22 flight test vehicles provided for in the test and evaluation
master plan for the F-22 aircraft program, as in effect on October 1,
1997, the Director of Operational Test and Evaluation shall submit to
the congressional defense committees a certification of the completion
of that flight testing.
SEC. 134. C-130J AIRCRAFT PROGRAM.
Not later than March 1, 1999, the Secretary of Defense shall review
the C-130J aircraft program and submit a report on the program to the
congressional defense committees. The report shall include at least the
following:
(1) A discussion of the testing planned and the testing
conducted under the program, including--
(A) the testing schedule intended at the beginning
of the program;
(B) the testing schedule as of when the testing
commenced; and
(C) an explanation of the time taken for the
testing.
(2) The cost and schedule of the program, including--
(A) whether the Department has exercised or plans
to exercise contract options for fiscal years 1996,
1997, 1998, and 1999;
(B) when the Department expects the aircraft to be
delivered and how the delivery dates compare to the
delivery dates specified in the contract;
(C) whether the Department expects to make any
modification to the negotiated contract price for these
aircraft, and the amount and basis for any such
modification; and
(D) whether the Department expects the reported
delays and overruns in the development of the aircraft
to have any other impact on the cost, schedule, or
performance of the aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 1999
for the use of the Department of Defense for research, development,
test, and evaluation as follows:
(1) For the Army, $4,838,145,000.
(2) For the Navy, $8,219,997,000.
(3) For the Air Force, $13,673,993,000.
(4) For Defense-wide activities, $9,583,822,000, of which--
(A) $249,106,000 is authorized for the activities
of the Director, Test and Evaluation; and
(B) $25,245,000 is authorized for the Director of
Operational Test and Evaluation.
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.
(a) Fiscal Year 1999.--Of the amounts authorized to be appropriated
by section 201, $4,186,817,000 shall be available for basic research
and applied research projects.
(b) Basic Research and Applied Research Defined.--For purposes of
this section, the term ``basic research and applied research'' means
work funded in program elements for defense research and development
under Department of Defense category 6.1 or 6.2.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. CRUSADER SELF-PROPELLED ARTILLERY SYSTEM PROGRAM.
(a) Limitation.--Of the amount authorized to be appropriated for
the Army pursuant to section 201(1), not more than $223,000,000 may be
obligated for the Crusader self-propelled artillery system program
until 30 days after the date on which the Secretary of the Army submits
the report required under subsection (b).
(b) Requirement for Report.--The Secretary of the Army shall submit
to the congressional defense committees a report on the Crusader self-
propelled artillery system. The report shall include the following:
(1) An assessment of the risks associated with the current
Crusader program technology.
(2) The total requirements for the Crusader system, taking
into consideration revisions in force structure resulting from
the redesign of heavy and light divisions to achieve a force
structure known as the Army After Next.
(3) The potential for reducing the weight of the Crusader
system by as much as 50 percent.
(4) The potential for using alternative propellants for the
artillery projectile for the Crusader system and the effects on
the overall program schedule that would result from taking the
actions and time necessary to develop mature technologies for
alternative propellants.
(5) An analysis of the costs and benefits of delaying
procurement of Crusader to avoid affordability issues
associated with the current schedule and to allow for
maturation of weight and propellant technologies.
(c) Submission of Report.--The Secretary of the Army shall submit
the report not later than March 1, 1999.
SEC. 212. CVN-77 NUCLEAR AIRCRAFT CARRIER PROGRAM.
(a) Amount for New Technologies.--Of the amounts authorized to be
appropriated under section 201(2) for aircraft carrier system
development, $50,000,000 shall be available only for research,
development, test, and evaluation, and for acquisition, of technologies
described in subsection (b) for use in the CVN-77 nuclear aircraft
carrier program.
(b) Technologies.--The technologies for which amounts are available
under subsection (a) are technologies that are designed--
(1) for a transition from the CVN-77 aircraft carrier
program to the CV(X) aircraft carrier program; and
(2) for--
(A) demonstrating enhanced capabilities for the
CV(X) aircraft carrier program; or
(B) mitigating the cost or technical risks of that
program.
SEC. 213. UNMANNED AERIAL VEHICLE PROGRAMS.
(a) Termination of Dark Star Program.--The Secretary of Defense
shall terminate the Dark Star unmanned aerial vehicle program. Except
as provided in subsection (b), funds available for that program may be
obligated after the date of the enactment of this Act only for costs
necessary for terminating the program.
(b) Global Hawk Program.--Of the unobligated balance of the funds
available for the Dark Star unmanned aerial vehicle program,
$32,500,000 shall be available for the procurement of three Global Hawk
unmanned aerial vehicles. However, none of the funds made available for
the Global Hawk unmanned aerial vehicle program under the preceding
sentence may be obligated or expended for that program until phase II
testing of the Global Hawk unmanned aerial vehicle has been completed.
SEC. 214. AIRBORNE LASER PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) The development plan of the Department of Defense for
the Airborne Laser Program does not include the basic
validation of certain key technologies until 2002, which is
shortly before the program is scheduled to enter the
engineering and manufacturing development phase of development.
(2) It is possible that the technical risk of the Airborne
Laser Program could be substantially reduced by restructuring
the program to include a technology demonstration using a low
power laser device to collect optical data in an operationally
representative environment.
(3) Department of Defense officials are currently planning
to have expended approximately $1,300,000,000 on the Airborne
Laser Program by the end of fiscal year 2002, and a total of
$6,300,000,000 by the end of fiscal year 2008 for the
development of the system and the procurement of seven airborne
laser aircraft.
(4) Due to the likely vulnerability of an airborne laser
system to air defense threats, the limited lethal range of the
laser device, and other operational limitations of the system,
the utility of the airborne laser system will be severely
restricted under a wide range of operational scenarios.
(b) Assessment of Technical and Operational Limitations.--The
Secretary of Defense shall conduct an assessment of the technical
obstacles and operational shortcomings expected for the Airborne Laser
Program. In conducting the assessment, the Secretary shall--
(1) require the Panel on Reducing Risk in Ballistic Missile
Defense Test Programs to evaluate the adequacy of the test
program for the Airborne Laser Program; and
(2) establish an independent team of persons from outside
the Department of Defense who are experts in relevant fields to
review the operational limitations and issues associated with
the Airborne Laser Program.
(c) Report on Assessment.--Not later than March 15, 1999, the
Secretary shall submit a report on the assessment to Congress. The
report shall include the Secretary's findings and any recommendations
that the Secretary considers appropriate.
(d) Funding for Program.--Of the amount authorized to be
appropriated under section 201(3), $195,219,000 shall be available for
the Airborne Laser Program.
(e) Limitation.--Of the amount made available pursuant to
subsection (d), not more than $150,000,000 may be obligated until 30
days after the Secretary submits the report required under subsection
(c).
SEC. 215. ENHANCED GLOBAL POSITIONING SYSTEM PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) Section 152(b) of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1578)
prohibits the obligation of funds, after September 30, 2000, to
modify or procure any Department of Defense aircraft, ship,
armored vehicle, or indirect-fire weapon system that is not
equipped with a Global Positioning System receiver.
(2) Section 279(b) of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 243)
requires the Secretary of Defense to prepare a plan for
enhancing the Global Positioning System and to provide in that
plan for--
(A) the development of capabilities to deny hostile
military forces the ability to use the Global
Positioning System without hindering the ability of
United States military forces and civil users to have
access to and use of the system; and
(B) the development and acquisition of receivers
for the Global Positioning System and other techniques
for weapons and weapon systems that provide
substantially improved resistance to jamming and other
forms of electronic interference or disruption.
(3) Section 2281 of title 10, United States Code, requires
the Secretary of Defense--
(A) to develop appropriate measures for preventing
hostile use of the Global Positioning System so as to
make it unnecessary for the Secretary to use the
selective availability feature of the system
continuously while not hindering the use of the Global
Positioning System by the United States and its allies
for military purposes;
(B) to ensure that the Armed Forces of the United
States have the capability to use the Global
Positioning System effectively despite hostile attempts
to prevent the use of the system by such forces; and
(C) to develop measures for preventing hostile use
of the Global Positioning System in a particular area
without hindering peaceful civil use of the system
elsewhere.
(b) Policy on Priority for Development of Enhanced GPS System.--The
development of an enhanced Global Positioning System is an urgent
national security priority.
(c) Development Required.--To fulfill the requirements described in
subsection (a), the Secretary of Defense shall develop an enhanced
Global Positioning System in accordance with the priority declared in
subsection (b). The enhanced Global Positioning System shall consist of
the following elements:
(1) An evolved satellite system that includes dynamic
frequency reconfiguration and regional-level directional signal
enhancements.
(2) Enhanced receivers and user equipment that are capable
of providing military users with direct access to encrypted
Global Positioning System signals.
(3) To the extent funded by the Secretary of
Transportation, additional civil frequencies and other
enhancements for civil users.
(d) Sense of Congress Regarding Funding.--It is the sense of
Congress that--
(1) the Secretary of Defense should ensure that the future-
years defense program provides for sufficient funding to
develop and deploy an enhanced Global Positioning System system
in accordance with the priority declared in subsection (b); and
(2) the Secretary of Transportation should provide
sufficient funding to support additional civil frequencies for
the Global Positioning System and other enhancements of the
system for civil users.
(e) Plan for Development of Enhanced Global Positioning System.--
Not later than April 15, 1999, the Secretary of Defense shall submit to
Congress a plan for carrying out the requirements of subsection (c).
(f) Delayed Effective Date for Limitation on Procurement of Systems
Not GPS-Equipped.--Section 152(b) of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1578) is
amended by striking out ``2000'' and inserting in lieu thereof
``2005''.
(g) Funding From Authorized Appropriations for Fiscal Year 1999.--
Of the amounts authorized to be appropriated under section 201(3),
$44,000,000 shall be available to establish and carry out an enhanced
Global Positioning System program.
SEC. 216. MANUFACTURING TECHNOLOGY PROGRAM.
(a) Competition and Cost Sharing.--Subsection (d) of section 2525
of title 10, United States Code, is amended by striking out paragraphs
(2), (3), and (4) and inserting in lieu thereof the following:
``(2) Except as provided in paragraph (3), the costs of a project
carried out under the program shall be shared by the Department of
Defense and the other parties to the grant, contract, cooperative
agreement, or other transaction involved if any results of the project
are likely to have an immediate and direct commercial application. The
cost share--
``(A) in the case of a grant, contract, cooperative
agreement, or other transaction that is awarded using a
competitive selection process, shall be the cost share proposed
in the application or offer selected for the award; or
``(B) in a case in which there is only one applicant or
offeror, shall be the cost share negotiated with the applicant
or offeror that provides the best value for the Government.
``(3)(A) Cost-sharing is not required of the non-Federal Government
parties to a grant, contract, cooperative agreement, or other
transaction under paragraph (2) if the project is determined as being
sufficiently high risk to discourage cost-sharing by non-Federal
Government sources.
``(B) A determination under subparagraph (A) that cost-sharing is
not required in the case of a particular grant, contract, cooperative
agreement or other transaction shall be made by--
``(i) the Secretary of the military department awarding the
grant or entering into the contract, cooperative agreement, or
other transaction; or
``(ii) the Secretary of Defense for any other grant,
contract, cooperative agreement, or transaction.
``(C) The transaction file for a case in which cost-sharing is
determined as not being required shall include written documentation of
the reasons for the determination.''.
(b) Five-Year Plan.--Subsection (e)(2) of such section is amended
to read as follows:
``(2) The plan shall include the following:
``(A) An assessment of the effectiveness of the program.
``(B) An assessment of the extent to which the costs of
projects are being shared by the following:
``(i) Commercial enterprises in the private sector.
``(ii) Department of Defense program offices,
including weapon system program offices.
``(iii) Departments and agencies of the Federal
Government outside the Department of Defense.
``(iv) Institutions of higher education.
``(v) Other institutions not operated for profit.
``(vi) Other sources.''.
SEC. 217. AUTHORITY FOR USE OF MAJOR RANGE AND TEST FACILITY
INSTALLATIONS BY COMMERCIAL ENTITIES.
(a) Permanent Authority.--Subsection (g) of section 2681 of title
10, United States Code, is repealed.
(b) Repeal of Executed Reporting Requirement.--Subsection (h) of
such section is repealed.
SEC. 218. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE
PROJECTS.
Section 845(c) of the National Defense Authorization Act for Fiscal
Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note) is amended by
striking out ``September 30, 1999'' and inserting in lieu thereof
``September 30, 2001''.
SEC. 219. NATO ALLIANCE GROUND SURVEILLANCE CONCEPT DEFINITION.
Amounts authorized to be appropriated under subtitle A are
available for a NATO alliance ground surveillance concept definition
that is based on the Joint Surveillance Target Attack Radar System
(Joint STARS) Radar Technology Insertion Program (RTIP) sensor of the
United States, as follows:
(1) Of the amount authorized to be appropriated under
section 201(1), $6,400,000.
(2) Of the amount authorized to be appropriated under
section 201(3), $3,500,000.
SEC. 220. NATO COMMON-FUNDED CIVIL BUDGET.
Of the amount authorized to be appropriated by section 201(1),
$750,000 shall be available for contributions for the common-funded
Civil Budget of NATO.
SEC. 221. PERSIAN GULF ILLNESSES.
(a) Additional Amount for Persian Gulf Illnesses.--The total amount
authorized to be appropriated under this title for research and
development relating to Persian Gulf illnesses is the total amount
authorized to be appropriated for such purpose under the other
provisions of this title plus $10,000,000.
(b) Reduced Amount for Army Commercial Operations and Support
Savings Program.--Of the amount authorized to be appropriated under
section 201(1), $23,600,000 shall be available for the Army Commercial
Operations and Support Savings Program.
SEC. 222. DOD/VA COOPERATIVE RESEARCH PROGRAM.
(a) Availability of Funds.--(1) The amount authorized to be
appropriated by section 201(4) is hereby increased by $10,000,000.
(2) Of the amount authorized to be appropriated by section 201(4),
as increased by paragraph (1), $10,000,000 shall be available for the
DOD/VA Cooperative Research Program.
(b) Offset.--(1) The amount authorized to be appropriated by
section 201(2) is hereby decreased by $10,000,000.
(2) Of the amount authorized to be appropriated by section 201(2),
as decreased by paragraph (1), not more than $18,500,000 shall be
available for the Commercial Operations and Support Savings Program.
(c) Executive Agent.--The Secretary of Defense, acting through the
Army Medical Research and Materiel Command and the Naval Operational
Medicine Institute, shall be the executive agent for the utilization of
the funds made available by subsection (a).
SEC. 223. LOW COST LAUNCH DEVELOPMENT PROGRAM.
Of the total amount authorized to be appropriated under section
201(3), $5,000,000 is available for the Low Cost Launch Development
Program.
Subtitle C--Other Matters
SEC. 231. POLICY WITH RESPECT TO BALLISTIC MISSILE DEFENSE COOPERATION.
As the United States proceeds with efforts to develop defenses
against ballistic missile attack, it should seek to foster a climate of
cooperation with Russia on matters related to missile defense. In
particular, the United States and its NATO allies should seek to
cooperate with Russia in such areas as early warning.
SEC. 232. REVIEW OF PHARMACOLOGICAL INTERVENTIONS FOR REVERSING BRAIN
INJURY.
(a) Review and Report Required.--The Assistant Secretary of Defense
for Health Affairs shall review research on pharmacological
interventions for reversing brain injury and, not later than March 31,
1999, submit a report on the results of the review to Congress.
(b) Content of Report.--The report shall include the following:
(1) The potential for pharmacological interventions for
reversing brain injury to reduce mortality and morbidity in
cases of head injuries incurred in combat or resulting from
exposures to chemical weapons or agents.
(2) The potential utility of such interventions for the
Armed Forces.
(3) A conclusion regarding whether funding for research on
such interventions should be included in the budget for the
Department of Defense for fiscal year 2000.
SEC. 233. LANDMINES.
(a) Availability of Funds.--(1) Of the amounts authorized to be
appropriated in section 201, $17,200,000 shall be available for
activities relating to the identification, adaptation, modification,
research, and development of existing and new tactics, technologies,
and operational concepts that--
(A) would provide a combat capability that is comparable to
the combat capability provided by anti-personnel landmines,
including anti-personnel landmines used in mixed mine systems;
and
(B) comply with the Convention on the Prohibition of the
Use, Stockpiling, Production and Transfer of Anti-Personnel
Mines and on Their Destruction.
(2) The amount available under paragraph (1) shall be derived as
follows:
(A) $12,500,000 shall be available from amounts authorized
to be appropriated by section 201(1).
(B) $4,700,000 shall be available from amounts authorized
to be appropriated by section 201(4).
(b) Studies.--(1) Not later than 30 days after the date of
enactment of this Act, the Secretary of Defense shall enter into a
contract with each of two appropriate scientific organizations for
purposes of identifying existing and new tactics, technologies, and
concepts referred to in subsection (a).
(2) Each contract shall require the organization concerned to
submit a report to the Secretary and to Congress, not later than one
year after the execution of such contract, describing the activities
under such contract and including recommendations with respect to the
adaptation, modification, and research and development of existing and
new tactics, technologies, and concepts identified under such contract.
(3) Amounts available under subsection (a) shall be available for
purposes of the contracts under this subsection.
(c) Reports.--Not later than April 1 of each of 1999 through 2001,
the Secretary shall submit to the congressional defense committees a
report describing the progress made in identifying and deploying
tactics, technologies, and concepts referred to in subsection (a).
(d) Definitions.--In this section:
(1) Anti-personnel landmine.--The term ``anti-personnel
landmine'' has the meaning given the term ``anti-personnel
mine'' in Article 2 of the Convention on the Prohibition of the
Use, Stockpiling, Production and Transfer of Anti-Personnel
Mines and on Their Destruction.
(2) Mixed mine system.--The term ``mixed mine system''
includes any system in which an anti-vehicle landmine or other
munition is constructed with or used with one or more anti-
personnel landmines, but does not include an anti-handling
device as that term is defined in Article 2 of the Convention
on the Prohibition of the Use, Stockpiling, Production and
Transfer of Anti-Personnel Mines and on Their Destruction.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
(a) Amounts Authorized.--Funds are hereby authorized to be
appropriated for fiscal year 1999 for the use of the Armed Forces and
other activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and maintenance, in
amounts as follows:
(1) For the Army, $17,395,563,000.
(2) For the Navy, $22,001,302,000.
(3) For the Marine Corps, $2,621,703,000.
(4) For the Air Force, $19,213,404,000.
(5) For the Special Operations Command, $1,251,503,000.
(6) For Defense-wide activities, $9,025,598,000.
(7) For the Army Reserve, $1,217,622,000.
(8) For the Naval Reserve, $943,639,000.
(9) For the Marine Corps Reserve, $134,593,000.
(10) For the Air Force Reserve, $1,759,696,000.
(11) For the Army National Guard, $2,476,815,000.
(12) For the Air National Guard, $3,113,933,000.
(13) For the Defense Inspector General, $130,764,000.
(14) For the United States Court of Appeals for the Armed
Forces, $7,324,000.
(15) For Environmental Restoration, Army, $370,640,000.
(16) For Environmental Restoration, Navy, $274,600,000.
(17) For Environmental Restoration, Air Force,
$372,100,000.
(18) For Environmental Restoration, Defense-wide,
$23,091,000.
(19) For Environmental Restoration, Formerly Used Defense
Sites, $195,000,000.
(20) For Overseas Humanitarian, Demining, and CINC
Initiatives, $50,000,000.
(21) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $727,582,000.
(22) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $15,000,000.
(23) For Medical Programs, Defense, $9,653,435,000.
(24) For Cooperative Threat Reduction programs,
$440,400,000.
(25) For Overseas Contingency Operations Transfer Fund,
$746,900,000.
(26) For Impact Aid, $35,000,000.
(b) General Limitation.--Notwithstanding paragraphs (1) through
(25) of subsection (a), the total amount authorized to be appropriated
for fiscal year 1999 under those paragraphs is $93,875,207,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 1999
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, Air Force,
$30,800,000.
(2) For Defense Working-Capital Fund, Defense-wide,
$63,700,000.
(3) For the National Defense Sealift Fund, $669,566,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 1999
from the Armed Forces Retirement Home Trust Fund the sum of $70,745,000
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 THE 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 1999 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) Treatment of Transfers.--Amounts transferred under this
section--
(1) shall be merged with, and be available for the same
purposes and the same period as, the amounts in the accounts to
which transferred; and
(2) may not be expended for an item that has been denied
authorization of appropriations by Congress.
(c) Relationship to Other Transfer Authority.--The transfer
authority provided in this section is in addition to the transfer
authority provided in section 1001.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 311. SPECIAL OPERATIONS COMMAND COUNTERPROLIFERATION AND
COUNTERTERRORISM ACTIVITIES.
Of the amount authorized to be appropriated under section
301(a)(5), the $18,500,000 available for the Special Operations Command
that is not needed for the operation of six of the patrol coastal craft
of the Department of Defense in the Caribbean Sea and Eastern Pacific
Ocean in support of the drug interdiction efforts of the United States
Southern Command by reason of section 331 shall be available for
increased training and related operations in support of that command's
counterproliferation of weapons of mass destruction and the command's
counterterrorism activities. The amount available under the preceding
sentence is in addition to other funds authorized to be appropriated
under section 301(a)(5) for the Special Operations Command for such
purposes.
SEC. 312. TAGGING SYSTEM FOR IDENTIFICATION OF HYDROCARBON FUELS USED
BY THE DEPARTMENT OF DEFENSE.
(a) Authority To Conduct Pilot Program.--The Secretary of Defense
may conduct a pilot program using existing technology to determine--
(1) the feasibility of tagging hydrocarbon fuels used by
the Department of Defense for the purposes of analyzing and
identifying such fuels;
(2) the deterrent effect of such tagging on the theft and
misuse of fuels purchased by the Department; and
(3) the extent to which such tagging assists in determining
the source of surface and underground pollution in locations
having separate fuel storage facilities of the Department and
of civilian companies.
(b) System Elements.--The tagging system under the pilot program
shall have the following characteristics:
(1) The tagging system does not harm the environment.
(2) Each chemical used in the tagging system is--
(A) approved for use under the Toxic Substances
Control Act (15 U.S.C. 2601 et seq.); and
(B) substantially similar to the fuel to which
added, as determined in accordance with criteria
established by the Environmental Protection Agency for
the introduction of additives into hydrocarbon fuels.
(3) The tagging system permits a determination if a tag is
present and a determination if the concentration of a tag has
changed in order to facilitate identification of tagged fuels
and detection of dilution of tagged fuels.
(4) The tagging system does not impair or degrade the
suitability of tagged fuels for their intended use.
(c) Report.--Not later than 30 days after the completion of the
pilot program, the Secretary shall submit to Congress a report setting
forth the results of the pilot program and including any
recommendations for legislation relating to the tagging of hydrocarbon
fuels by the Department that the Secretary considers appropriate.
(d) Funding.--Of the amounts authorized to be appropriated under
section 301(a)(6) for operation and maintenance for defense-wide
activities, not more than $5,000,000 shall be available for the pilot
program.
SEC. 313. PILOT PROGRAM FOR ACCEPTANCE AND USE OF LANDING FEES CHARGED
FOR USE OF DOMESTIC MILITARY AIRFIELDS BY CIVIL AIRCRAFT.
(a) Pilot Program Authorized.--The Secretary of each military
department may carry out a pilot program to demonstrate the use of
landing fees as a source of funding for the operation and maintenance
of airfields of the department.
(b) Imposition of Landing Fees.--Under a pilot program carried out
under this section, the Secretary of a military department may
prescribe and impose landing fees for use of any military airfield of
the department in the United States by civil aircraft during fiscal
years 1999 and 2000. No fee may be charged under the pilot program for
a landing after September 30, 2000.
(c) Use of Proceeds.--Amounts received for a fiscal year in payment
of landing fees imposed under the pilot program for use of a military
airfield shall be credited to the appropriation that is available for
that fiscal year for the operation and maintenance of the military
airfield, shall be merged with amounts in the appropriation to which
credited, and shall be available for that military airfield for the
same period and purposes as the appropriation is available.
(d) Report.--Not later than March 31, 2000, the Secretary of
Defense shall submit to Congress a report on the pilot programs carried
out under this section by the Secretaries of the military departments.
The report shall specify the amounts of fees received and retained by
each military department under the pilot program as of December 31,
1999.
SEC. 314. NATO COMMON-FUNDED MILITARY BUDGET.
Of the amount authorized to be appropriated by section 30(a)(1),
$227,377,000 shall be available for contributions for the common-funded
Military Budget of NATO.
Subtitle C--Environmental Provisions
SEC. 321. TRANSPORTATION OF POLYCHLORINATED BIPHENYLS FROM ABROAD FOR
DISPOSAL IN THE UNITED STATES.
(a) Authority.--Chapter 157 of title 10, United States Code, is
amended by adding at the end the following:
``Sec. 2646. Transportation of polychlorinated biphenyls from abroad;
disposal
``(a) Authority To Transport.--(1) Subject to paragraph (2), the
Secretary of the Defense and the Secretaries of the military
departments may provide for the transportation into the customs
territory of the United States of polychlorinated biphenyls generated
by or under the control of the Department of Defense for purposes of
their disposal, treatment, or storage in the customs territory of the
United States.
``(2) Polychlorinated biphenyls may be transported into the customs
territory of the United States under paragraph (1) only if the
Administrator of the Environmental Protection Agency determines that
the transportation will not result in an unreasonable risk of injury to
health or the environment, and only if such materials are specifically
provided for in subchapter VIII, chapter 98 of the Harmonized Tariff
Schedule of the United States.
``(b) Disposal.--(1) The disposal, treatment, and storage of
polychlorinated biphenyls transported into the customs territory of the
United States under subsection (a) shall be governed by the provisions
of the Toxic Substances Control Act (15 U.S.C. 2601 et seq.).
``(2) A chemical waste landfill may not be used for the disposal,
treatment, or storage of polychlorinated biphenyls transported into the
customs territory of the United States under subsection (a) unless the
landfill meets all of the technical requirements specified in section
761.75(b)(3) of title 40, Code of Federal Regulations, as in effect on
the date that was one year before the date of enactment of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999.
``(c) Customs Territory of the United States Defined.--In this
section, the term `customs territory of the United States' has the
meaning given that term in General Note 2. of the Harmonized Tariff
Schedule of the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
that chapter is amended by adding at the end the following:
``2646. Transportation of polychlorinated biphenyls from abroad;
disposal.''.
SEC. 322. MODIFICATION OF DEADLINE FOR SUBMITTAL TO CONGRESS OF ANNUAL
REPORTS ON ENVIRONMENTAL ACTIVITIES.
Section 2706 of title 10, United States Code, is amended by
striking out ``not later than 30 days'' each place it appears in
subsections (a), (b), (c), and (d) and inserting in lieu thereof ``not
later than 45 days''.
SEC. 323. SUBMARINE SOLID WASTE CONTROL.
(a) Solid Waste Discharge Requirements.--Subsection (c)(2) of
section 3 of the Act to Prevent Pollution from Ships (33 U.S.C. 1902)
is amended--
(1) in subparagraph (A), by adding at the end the
following:
``(iii) With regard to submersibles, non-plastic garbage
that has been compacted and weighted to ensure negative
buoyancy.''; and
(2) in subparagraph (B)(ii), by striking out ``subparagraph
(A)(ii)'' and inserting in lieu thereof ``clauses (ii) and
(iii) of subparagraph (A)''.
(b) Conforming Amendment.--Subsection (e)(3)(A) of that section is
amended by striking out ``garbage that contains more than the minimum
amount practicable of''.
SEC. 324. PAYMENT OF STIPULATED PENALTIES ASSESSED UNDER CERCLA.
The Secretary of Defense may pay, from amounts in the Department of
Defense Base Closure Account 1990 established by section 2906(a)(1) 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), not more than $15,000
as payment of pay stipulated civil penalties assessed under the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.) against McClellan Air Force Base,
California.
SEC. 325. AUTHORITY TO PAY NEGOTIATED SETTLEMENT FOR ENVIRONMENTAL
CLEANUP OF FORMERLY USED DEFENSE SITES IN CANADA.
(a) Findings.--Congress makes the following findings with respect
to the authorization of payment of settlement with Canada in subsection
(b) regarding environmental cleanup at formerly used defense sites in
Canada:
(1) A unique and longstanding national security alliance
exists between the United States and Canada.
(2) The sites covered by the settlement were formerly used
by the United States and Canada for their mutual defense.
(3) There is no formal treaty or international agreement
between the United States and Canada regarding the
environmental cleanup of the sites.
(4) Environmental contamination at some of the sites could
pose a substantial risk to the health and safety of the United
States citizens residing in States near the border between the
United States and Canada.
(5) The United States and Canada reached a negotiated
agreement for an ex-gratia reimbursement of Canada in full
satisfaction of claims of Canada relating to environmental
contamination which agreement was embodied in an exchange of
Notes between the Government of the United States and the
Government of Canada.
(6) There is a unique factual basis for authorizing a
reimbursement of Canada for environmental cleanup at sites in
Canada after the United States departure from such sites.
(7) The basis for and authorization of such reimbursement
does not extend to similar claims by other nations.
(8) The Government of Canada is committed to spending the
entire $100,000,000 of the reimbursement authorized in
subsection (b) in the United States, which will benefit United
States industry and United States workers.
(b) Authority To Make Payments.--(1) Subject to paragraph (3), the
Secretary of Defense may, using funds specified under subsection (c),
make a payment described in paragraph (2) in each of fiscal years 1999
through 2008 for purposes of the ex-gratia reimbursement of Canada in
full satisfaction of any and all claims asserted against the United
States by Canada for environmental cleanup of sites in Canada that were
formerly used for the mutual defense of the United States and Canada.
(2) A payment referred to in paragraph (1) is a payment of
$10,000,000, in constant fiscal year 1996 dollars, into the Foreign
Military Sales Trust Account for purposes of Canada.
(3) A payment may be made under paragraph (1) in any fiscal year
after fiscal year 1999 only if the Secretary of Defense submits to
Congress with the budget for such fiscal year under section 1105 of
title 31, United States Code, evidence that the cumulative amount
expended by the Government of Canada for environmental cleanup
activities in Canada during any fiscal years before such fiscal year in
which a payment under that paragraph was authorized was an amount equal
to or greater than the aggregate amount of the payments under that
paragraph during such fiscal years.
(c) Source of Funds.--A payment may be made under subsection (b) in
a fiscal year from amounts appropriated pursuant to the authorization
of appropriations for the Department of Defense for such fiscal year
for Operation and Maintenance, Defense-Wide.
SEC. 326. SETTLEMENT OF CLAIMS OF FOREIGN GOVERNMENTS FOR ENVIRONMENTAL
CLEANUP OF OVERSEAS SITES FORMERLY USED BY THE DEPARTMENT
OF DEFENSE.
(a) Notice of Negotiations.--The President shall notify Congress
before entering into any negotiations for the ex-gratia settlement of
the claims of a government of another country against the United States
for environmental cleanup of sites in that country that were formerly
used by the Department of Defense.
(b) Authorization Required for Use Funds for Payment of
Settlement.--Notwithstanding any other provision of law, no funds may
be utilized for any payment under an ex-gratia settlement of any claims
described in subsection (a) unless the use of the funds for that
purpose is specifically authorized by law, treaty, or international
agreement.
SEC. 327. ARCTIC MILITARY ENVIRONMENTAL COOPERATION PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) The Secretary of Defense has developed a program to
address environmental matters relating to the military
activities of the Department of Defense in the Arctic region.
The program is known as the ``Arctic Military Environmental
Cooperation Program''.
(2) The Secretary has carried out the Arctic Military
Environmental Cooperation Program using funds appropriated for
Cooperative Threat Reduction programs.
(b) Activities Under Program.--(1) Subject to paragraph (2),
activities under the Arctic Military Environmental Cooperation Program
shall include cooperative activities on environmental matters in the
Arctic region with the military departments and agencies of other
countries, including the Russian Federation.
(2) Activities under the Arctic Military Environmental Cooperation
Program may not include any activities for purposes for which funds for
Cooperative Threat Reduction programs have been denied, including the
purposes for which funds were denied by section 1503 of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
Stat. 2732).
(c) Availability of Fiscal Year 1999 Funds.--(1) Of the amount
authorized to be appropriated by section 301(a)(6), $4,000,000 shall be
available for carrying out the Arctic Military Environmental Program.
(2) Amounts available for the Arctic Military Environmental
Cooperation Program under paragraph (1) may not be obligated or
expended for that Program until 45 days after the date on which the
Secretary of Defense submits to the congressional defense committees a
plan for the Program under paragraph (3).
(3) The plan for the Arctic Military Environmental Cooperation
Program under this paragraph shall include the following:
(A) A statement of the overall goals and objectives of the
Program.
(B) A statement of the proposed activities under the
Program and the relationship of such activities to the national
security interests of the United States.
(C) An assessment of the compatibility of the activities
set forth under subparagraph (B) with the purposes of the
Cooperative Threat Reduction programs of the Department of
Defense (including with any prohibitions and limitations
applicable to such programs).
(D) An estimate of the funding to be required and requested
in future fiscal years for the activities set forth under
subparagraph (B).
(E) A proposed termination date for the Program.
SEC. 328. SENSE OF SENATE REGARDING OIL SPILL PREVENTION TRAINING FOR
PERSONNEL ON BOARD NAVY VESSELS.
(a) Findings.--The Senate makes the following findings:
(1) There have been six significant oil spills in Puget
Sound, Washington, in 1998, five at Puget Sound Naval Shipyard
(including three from the U.S.S. Kitty Hawk, one from the
U.S.S. Carl Vinson, and one from the U.S.S. Sacramento) and one
at Naval Station Everett from the U.S.S. Paul F. Foster.
(2) Navy personnel on board vessels, and not shipyard
employees, were primarily responsible for a majority of these
oil spills at Puget Sound Naval Shipyard.
(3) Oil spills have the potential to damage the local
environment, killing microscopic organisms, contributing to air
pollution, harming plants and marine animals, and increasing
overall pollution levels in Puget Sound.
(b) Sense of Senate.--It is the sense of the Senate that the
Secretary of the Navy should take immediate action to significantly
reduce the risk of vessel oil spills, including the minimization of
fuel oil transfers, the assurance of proper training and qualifications
of all Naval personnel in occupations that may contribute to or
minimize the risk of shipboard oil spills, and the improvement of
liaison with local authorities concerning oil spill prevention and
response activities.
Subtitle D--Counter-Drug Activities
SEC. 331. PATROL COASTAL CRAFT FOR DRUG INTERDICTION BY SOUTHERN
COMMAND.
Of the funds authorized to be appropriated under section
301(a)(21), relating to drug interdiction and counter-drug activities,
$18,500,000 shall be available for the equipping and operation of six
of the Cyclone class coastal defense ships of the Department of Defense
in the Caribbean Sea and Eastern Pacific Ocean in support of the drug
interdiction efforts of the United States Southern Command.
SEC. 332. PROGRAM AUTHORITY FOR DEPARTMENT OF DEFENSE SUPPORT FOR
COUNTER-DRUG ACTIVITIES.
(a) Extension of Authority.--Subsection (a) of section 1004 of the
National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 374
note) is amended by striking out ``through 1999'' and inserting in lieu
thereof ``through 2004''.
(b) Bases and Facilities Support.--(1) Subsection (b)(4) of such
section is amended by inserting ``of the Department of Defense or any
Federal, State, local, or foreign law enforcement agency'' after
``counter-drug activities''.
(2) Section 1004 of such Act is further amended by adding at the
end the following:
``(h) Congressional Notification of Facilities Projects.--(1) Not
later than 21 days before obligating funds for beginning the work on a
project described in paragraph (2), the Secretary of Defense shall
submit to the congressional defense committees a notification of the
project, including the scope and estimated total cost of the project.
``(2) Paragraph (1) applies to a project for the modification or
repair of a Department of Defense facility for the purpose set forth in
subsection (b)(4) that is estimated to cost more than $500,000.''.
SEC. 333. SOUTHWEST BORDER FENCE.
(a) Limitation of Funding for Expansion.--None of the funds
authorized to be appropriated for the Department of Defense by this Act
may be used to expand the Southwest border fence until the Secretary of
Defense submits the report required by subsection (b).
(b) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report on the extent to which the
Southwest border fence has reduced the illegal transportation of
narcotics and other drugs into the United States.
(c) Southwest Border Fence Defined.--In this section, the term
``Southwest border fence'' means the fence that was constructed, at
Department of Defense expense, along the southwestern border of the
United States for the purpose of preventing or reducing the illegal
transportation of narcotics and other drugs into the United States.
SEC. 334. REVISION AND CLARIFICATION OF AUTHORITY FOR FEDERAL SUPPORT
OF NATIONAL GUARD DRUG INTERDICTION AND COUNTER-DRUG
ACTIVITIES.
(a) Procurement of Equipment.--Subsection (a)(3) of section 112 of
title 32, United States Code, is amended by striking out ``and leasing
of equipment'' and inserting in lieu thereof ``and equipment, and the
leasing of equipment,''.
(b) Training and Readiness.--Subsection (b)(2) of such section is
amended to read as follows:
``(2)(A) A member of the National Guard serving on full-time
National Guard duty under orders authorized under paragraph (1) shall
participate in the training required under section 502(a) of this title
in addition to the duty performed for the purpose authorized under that
paragraph. The pay, allowances, and other benefits of the member while
participating in the training shall be the same as those to which the
member is entitled while performing duty for the purpose of carrying
out drug interdiction and counter-drug activities.
``(B) Appropriations available for the Department of Defense for
drug interdiction and counter-drug activities may be used for paying
costs associated with a member's participation in training described in
subparagraph (A). The appropriation shall be reimbursed in full, out of
appropriations available for paying those costs, for the amounts paid.
Appropriations available for paying those costs shall be available for
making the reimbursements.''.
(c) Assistance to Youth and Charitable Organizations.--Subsection
(b)(3) of such section is amended to read as follows:
``(2) A unit or member of the National Guard of a State may be
used, pursuant to a State drug interdiction and counter-drug activities
plan approved by the Secretary of Defense under this section, to
provide services or other assistance (other than air transportation) to
an organization eligible to receive services under section 508 of this
title if--
``(A) the State drug interdiction and counter-drug
activities plan specifically recognizes the organization as
being eligible to receive the services or assistance;
``(B) in the case of services, the provision of the
services meets the requirements of paragraphs (1) and (2) of
subsection (a) of section 508 of this title; and
``(C) the services or assistance is authorized under
subsection (b) or (c) of such section or in the State drug
interdiction and counter-drug activities plan.''.
(d) Definition of Drug Interdiction and Counter-drug Activities.--
Subsection (i)(1) of such section is amended by inserting after ``drug
interdiction and counter-drug law enforcement activities'' the
following: ``, including drug demand reduction activities,''.
SEC. 335. SENSE OF CONGRESS REGARDING PRIORITY OF DRUG INTERDICTION AND
COUNTER-DRUG ACTIVITIES.
It is the sense of Congress that the Secretary of Defense should
revise the Global Military Force Policy of the Department of Defense--
(1) to treat the international drug interdiction and
counter-drug activities of the department as a military
operation other than war, thereby elevating the priority given
such activities under the policy to the next priority below the
priority given to war under the policy and to the same priority
as is given to peacekeeping operations under the policy; and
(2) to allocate the assets of the department to drug
interdiction and counter-drug activities in accordance with the
priority given those activities.
Subtitle E--Other Matters
SEC. 341. LIQUIDITY OF WORKING-CAPITAL FUNDS.
(a) Increased Cash Balances.--The Secretary of Defense shall
administer the working-capital funds of the Department of Defense
during fiscal year 1999 so as to ensure that the total amount of the
cash balances in such funds on September 30, 1999, exceeds the total
amount of the cash balances in such funds on September 30, 1998, by
$1,300,000,000.
(b) Actions Regarding Unbudgeted Losses and Gains.--(1) In order to
achieve the increase in cash balances in working-capital funds required
under subsection (a), the Under Secretary of Defense (Comptroller)
shall--
(A) assess surcharges on the rates charged to Department of
Defense activities for the performance of depot-level
maintenance and repair workloads for those activities in fiscal
year 1999 as necessary to recoup for the working-capital funds
the amounts of any operational losses that are incurred in the
performance of those workloads in excess of the amounts of the
losses that are budgeted for fiscal year 1999; and
(B) return to Department of Defense activities any amounts
that--
(i) are realized for the working-capital funds for
depot-level maintenance and repair workloads in excess
of the estimated revenues budgeted for the performance
of those workloads that originate in those activities;
and
(ii) are not needed to achieve the required
increase in cash balances.
(2) The Under Secretary of Defense (Comptroller) shall prescribe
policies and procedures for carrying out paragraph (1). The policies
and procedures shall include a prohibition on applying assessments of
surcharges to a Department of Defense activity more frequently than
once every six months.
(c) Waiver.--(1) The Secretary of Defense may waive the
requirements of this section upon certifying to Congress, in writing,
that the waiver is necessary to meet requirements associated with--
(A) a contingency operation (as defined in section
101(a)(13) of title 10, United States Code); or
(B) an operation of the Armed Forces that commenced before
October 1, 1998, and continues during fiscal year 1999.
(2) The waiver authority under paragraph (1) may not be delegated
to any official other than the Deputy Secretary of Defense.
(3) The waiver authority under paragraph (1) does not apply to the
limitation in subsection (d) or the limitation in section 2208(l)(3) of
title 10, United States Code (as added by subsection (e)).
(d) Fiscal Year 1999 Limitation on Advance Billings.--(1) The total
amount of the advance billings rendered or imposed for the working-
capital funds of the Department of Defense and the Defense Business
Operations Fund in fiscal year 1999--
(A) for the Department of the Navy, may not exceed
$500,000,000; and
(B) for the Department of the Air Force, may not exceed
$500,000,000.
(2) In paragraph (1), the term ``advance billing'' has the meaning
given such term in section 2208(l) of title 10, United States Code.
(e) Permanent Limitation on Advance Billings.--(1) Section 2208(l)
of title 10, United States Code, is amended--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The total amount of the advance billings rendered or imposed
for all working-capital funds of the Department of Defense in a fiscal
year may not exceed $1,000,000,000.''.
(2) Section 2208(l)(3) of such title, as added by paragraph (1),
applies to fiscal years after fiscal year 1999.
(f) Semiannual Report.--(1) The Under Secretary shall submit to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives--
(A) not later than May 1, 1999, a report on the
administration of this section for the 6-month period ending on
March 31, 1999; and
(B) not later than November 1, 1999, a report on the
administration of this section for the 6-month period ending on
September 30, 1999.
(2) Each report shall include, for the 6-month period covered by
the report, the following:
(A) The profit and loss status of each working-capital fund
activity.
(B) The actions taken by the Secretary of each military
department to use assessments of surcharges to correct for
unbudgeted losses and gains.
SEC. 342. TERMINATION OF AUTHORITY TO MANAGE WORKING-CAPITAL FUNDS AND
CERTAIN ACTIVITIES THROUGH THE DEFENSE BUSINESS
OPERATIONS FUND.
(a) Revision of Certain DBOF Provisions and Reenactment To Apply to
Working-Capital Funds Generally.--Section 2208 of title 10, United
States Code, is amended by adding at the end the following:
``(m) Capital Asset Subaccounts.--Amounts charged for depreciation
of capital assets shall be credited to a separate capital asset
subaccount established within a working-capital fund.
``(n) Separate Accounting, Reporting, and Auditing of Funds and
Activities.--The Secretary of Defense, with respect to the working-
capital funds of each Defense Agency, and the Secretary of each
military department, with respect to the working-capital funds of the
military department, shall provide in accordance with this subsection
for separate accounting, reporting, and auditing of funds and
activities managed through the working-capital funds.
``(o) Charges for Goods and Services Provided Through the Fund.--
(1) Charges for goods and services provided for an activity through a
working-capital fund shall include the following:
``(A) Amounts necessary to recover the full costs of the
goods and services provided for that activity.
``(B) Amounts for depreciation of capital assets, set in
accordance with generally accepted accounting principles.
``(2) Charges for goods and services provided through a working-
capital fund may not include the following:
``(A) Amounts necessary to recover the costs of a military
construction project (as defined in section 2801(b) of this
title), other than a minor construction project financed by the
fund pursuant to section 2805(c)(1) of this title.
``(B) Amounts necessary to cover costs incurred in
connection with the closure or realignment of a military
installation.
``(C) Amounts necessary to recover the costs of functions
designated by the Secretary of Defense as mission critical,
such as ammunition handling safety, and amounts for ancillary
tasks not directly related to the mission of the function or
activity managed through the fund.
``(p) Procedures For Accumulation of Funds.--The Secretary of
Defense, with respect to each working-capital fund of a Defense Agency,
and the Secretary of a military department, with respect to each
working-capital fund of the military department, shall establish
billing procedures to ensure that the balance in that working-capital
fund does not exceed the amount necessary to provide for the working-
capital requirements of that fund, as determined by the Secretary
concerned.
``(q) Annual Reports and Budget.--The Secretary of Defense, with
respect to each working-capital fund of a Defense Agency, and the
Secretary of each military department, with respect to each working-
capital fund of the military department, shall annually submit to
Congress, at the same time that the President submits the budget under
section 1105 of title 31, the following:
``(1) A detailed report that contains a statement of all
receipts and disbursements of the fund (including such a
statement for each subaccount of the fund) for the fiscal year
ending in the year preceding the year in which the budget is
submitted.
``(2) A detailed proposed budget for the operation of the
fund for the fiscal year for which the budget is submitted.
``(3) A comparison of the amounts actually expended for the
operation of the fund for the fiscal year referred to in
paragraph (1) with the amount proposed for the operation of the
fund for that fiscal year in the President's budget.
``(4) A report on the capital asset subaccount of the fund
that contains the following information:
``(A) The opening balance of the subaccount as of
the beginning of the fiscal year in which the report is
submitted.
``(B) The estimated amounts to be credited to the
subaccount in the fiscal year in which the report is
submitted.
``(C) The estimated amounts of outlays to be paid
out of the subaccount in the fiscal year in which the
report is submitted.
``(D) The estimated balance of the subaccount at
the end of the fiscal year in which the report is
submitted.
``(E) A statement of how much of the estimated
balance at the end of the fiscal year in which the
report is submitted will be needed to pay outlays in
the immediately following fiscal year that are in
excess of the amount to be credited to the subaccount
in the immediately following fiscal year.''.
(b) Repeal of Authority To Manage Through the Defense Business
Operations Fund.--(1) Section 2216a of title 10, United States Code, is
repealed.
(2) The table of sections at the beginning of chapter 131 of such
title is amended by striking out the item relating to section 2216a.
SEC. 343. CLARIFICATION OF AUTHORITY TO RETAIN RECOVERED COSTS OF
DISPOSALS IN WORKING-CAPITAL FUNDS.
Section 2210(a) of title 10, United States Code, is amended to read
as follows:
``(a)(1) A working-capital fund established pursuant to section
2208 of this title may retain so much of the proceeds of disposals of
property referred to in paragraph (2) as is necessary to recover the
expenses incurred by the fund in disposing of such property. Proceeds
from the sale or disposal of such property in excess of amounts
necessary to recover the expenses may be credited to current applicable
appropriations of the Department of Defense.
``(2) Paragraph (1) applies to disposals of supplies, material,
equipment, and other personal property that were not financed by stock
funds established under section 2208 of this title.''.
SEC. 344. BEST COMMERCIAL INVENTORY PRACTICES FOR MANAGEMENT OF
SECONDARY SUPPLY ITEMS.
(a) Development and Submission of Schedule.--Not later than 180
days after the date of the enactment of this Act, the Secretary of each
military department shall develop and submit to Congress a schedule for
implementing within the military department, for secondary supply items
managed by that military department, inventory practices identified by
the Secretary as being the best commercial inventory practices for the
acquisition and distribution of such supply items consistent with
military requirements. The schedule shall provide for the
implementation of such practices to be completed not later than five
years after the date of the enactment of this Act.
(b) Definition.--For purposes of this section, the term ``best
commercial inventory practice'' includes cellular repair processes, use
of third-party logistics providers, and any other practice that the
Secretary determines will enable the military department to reduce
inventory levels and holding costs while improving the responsiveness
of the supply system to user needs.
(c) GAO Reports on Military Department and Defense Logistics Agency
Schedules.--(1) Not later than 240 days after the date of the enactment
of this Act, the Comptroller General shall submit to Congress a report
evaluating the extent to which the Secretary of each military
department has complied with the requirements of this section.
(2) Not later than 18 months after the date on which the Director
of the Defense Logistics Agency submits to Congress a schedule for
implementing best commercial inventory practices under section 395 of
the National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 111 Stat. 1718; 10 U.S.C. 2458 note), the Comptroller General
shall submit to Congress an evaluation of the extent to which best
commercial inventory practices are being implemented in the Defense
Logistics Agency in accordance with that schedule.
SEC. 345. INCREASED USE OF SMART CARDS.
(a) Funding for Increased Use Generally.--Of the funds available
for the Navy for fiscal year 1999 for operation and maintenance, the
Secretary of the Navy shall allocate sufficient amounts, up to
$25,000,000, to making significant progress toward ensuring that smart
cards having a multi-application, multi-technology automated reading
capability are issued and used throughout the Navy and the Marine Corps
for purposes for which such cards are suitable.
(b) Deployment of Smart Cards.--(1) Not later than March 31, 1999,
the Secretary of the Navy shall equip with smart card technology at
least one carrier battle group, one carrier air wing, and one
amphibious readiness group (including the Marine Corps units embarked
on the vessels of such battle and readiness groups) in each of the
United States Atlantic Command and the United States Pacific Command.
(2) None of the funds appropriated pursuant to any authorization of
appropriations in this Act may be expended after March 31, 1999, for
the procurement of the Joint Uniformed Services Identification card
for, or for the issuance of such card to, members of the Navy or the
Marine Corps until the Secretary of the Navy certifies in writing to
the Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives that the Secretary
has completed the issuance of smart cards in accordance with paragraph
(1).
(c) Plan.--Not later than March 31, 1999, the Secretary of the Navy
shall submit to the congressional defense committees a plan for
equipping all operational naval units with smart card technology. The
Secretary shall include in the plan estimates of the costs of, and the
savings to be derived from, carrying out the plan.
(d) Smart Card Defined.--In this section, the term ``smart card''
means a credit card size device that contains one or more integrated-
circuits.
SEC. 346. PUBLIC-PRIVATE COMPETITION IN THE PROVISION OF SUPPORT
SERVICES.
(a) Sense of the Senate.--It is the sense of the Senate that the
Secretary of Defense should take action to initiate public-private
competitions pursuant to Office of Management and Budget Circular A-76
for functions of the Department of Defense involving not fewer than a
number of employees equivalent to 30,000 full-time employees for each
of fiscal years 1999, 2000, 2001, 2002, 2003, and 2004.
(b) Small Functions Qualified for a Waiver of the Notification and
Reporting Requirements for Conversion to Contractor Performance.--(1)
Section 2461(d) of title 10, United States Code, is amended by striking
out ``20 or fewer'' and inserting in lieu thereof ``50 or fewer''.
(2) Notwithstanding any other provision of law, no study,
notification, or report may be required pursuant to subsection (a),
(b), or (c) of section 2461 of title 10, United States Code, or Office
of Management and Budget Circular A-76 for functions that are being
performed by 50 or fewer Department of Defense civilian employees.
(c) Best Overall Value to the Taxpayer.--Section 2462(a) of title
10, United States Code, is amended by striking out ``at a cost that is
lower'' and all that follows through the period at the end and
inserting in lieu thereof: ``at a lower cost than the cost at which the
Department can provide the same supply or service or at a better
overall value than the value that the Department can provide for the
same supply or service. Each determination regarding relative cost or
relative overall value shall be based on an objective evaluation of
cost and performance-related factors and shall include the
consideration of any cost differential required by law, Executive
order, or regulation.''.
(d) Effective Date.--Subsections (b) and (c), and the amendments
made by such subsections, shall take effect on January 1, 2001.
SEC. 347. CONDITION FOR PROVIDING FINANCIAL ASSISTANCE FOR SUPPORT OF
ADDITIONAL DUTIES ASSIGNED TO THE ARMY NATIONAL GUARD.
(a) Competitive Source Selection.--Section 113(b) of title 32,
United States Code, is amended to read as follows:
``(b) Covered Activities.--(1) Except as provided in paragraph (2),
financial assistance may be provided for the performance of an activity
by the Army National Guard under subsection (a) only if--
``(A) the activity is carried out in the performance of a
responsibility of the Secretary of the Army under paragraph
(6), (10), or (11) of section 3013(b) of title 10; and
``(B) the Army National Guard was selected to perform the
activity under competitive procedures that permit all
responsible private-sector sources to submit offers and be
considered for selection to perform the activity on the basis
of the offers.
``(2) Paragraph (1)(B) does not apply to an activity that, on the
date of the enactment of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999, was performed for the Federal
Government by employees of the Federal Government or employees of a
State.''.
(b) Prospective Applicability.--Subparagraph (B) of section
113(b)(1) of title 32, United States Code (as amended by subsection (a)
of this section), does not apply to--
(1) financial assistance provided under that section before
October 1, 1998; or
(2) financial assistance for an activity that, on or before
May 8, 1998, the Secretary of the Army identified in writing as
being under consideration for supporting with financial
assistance under such section.
SEC. 348. REPEAL OF PROHIBITION ON JOINT USE OF GRAY ARMY AIRFIELD,
FORT HOOD, TEXAS.
Section 319 of the National Defense Authorization Act for Fiscal
Year 1987 (Public Law 99-661; 100 Stat. 3855), relating to a
prohibition on the joint military-civilian use of Robert Gray Army
Airfield, Fort Hood, Texas, is repealed.
SEC. 349. INVENTORY MANAGEMENT OF IN-TRANSIT SECONDARY ITEMS.
(a) Requirement for Plan.--Not later than March 1, 1999, the
Secretary of Defense shall submit to Congress a plan to address
problems with Department of Defense management of the department's
inventories of in-transit secondary items as follows:
(1) The vulnerability of in-transit secondary items to loss
through fraud, waste, and abuse.
(2) Loss of oversight of in-transit secondary items,
including any loss of oversight when items are being
transported by commercial carriers.
(3) Loss of accountability for in-transit secondary items
due to either a delay of delivery of the items or a lack of
notification of a delivery of the items.
(b) Content of Plan.-- The plan shall include, for each of the
problems described in subsection (a), the following information:
(1) The actions to be taken to correct the problems.
(2) Statements of objectives.
(3) Performance measures and schedules.
(4) An identification of any resources that may be
necessary for correcting the problem, together with an estimate
of the annual costs.
(c) GAO Reviews.--(1) Not later than 60 days after the date on
which the Secretary of Defense submits the plan to Congress, the
Comptroller General shall review the plan and submit to Congress any
comments that the Comptroller General considers appropriate regarding
the plan.
(2) The Comptroller General shall monitor any implementation of the
plan and, not later than one year after the date referred to in
paragraph (1), submit to Congress an assessment of the extent to which
the plan has been implemented.
SEC. 350. PERSONNEL REDUCTIONS IN ARMY MATERIEL COMMAND.
Not later than March 31, 1999, the Comptroller General shall submit
to the congressional defense committees a report concerning--
(1) the effect that the quadrennial defense review's
proposed personnel reductions in the Army Materiel Command will
have on workload and readiness if implemented; and
(2) the projected cost savings from such reductions and the
manner in which such savings are expected to be achieved.
SEC. 351. PROHIBITIONS REGARDING EVALUATION OF MERIT OF SELLING MALT
BEVERAGES AND WINE IN COMMISSARY STORES AS EXCHANGE
SYSTEM MERCHANDISE.
Neither the Secretary of Defense nor any other official of the
Department of Defense may--
(1) by contract or otherwise, conduct a survey of eligible
patrons of the commissary store system to determine patron
interest in having commissary stores sell malt beverages and
wine as exchange store merchandise; or
(2) conduct a demonstration project to evaluate the merit
of selling malt beverages and wine in commissary stores as
exchange store merchandise.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 1999, as follows:
(1) The Army, 480,000.
(2) The Navy, 372,696.
(3) The Marine Corps, 172,200.
(4) The Air Force, 370,882.
SEC. 402. LIMITED EXCLUSIONS OF JOINT DUTY OFFICERS FROM LIMITATIONS ON
NUMBER OF GENERAL AND FLAG OFFICERS.
(a) One Additional Exemption From Percentage Limitation on Number
of Lieutenant Generals and Vice Admirals.--Section 525(b)(4)(B) of
title 10, United States Code, is amended by striking out ``six'' and
inserting in lieu thereof ``seven''.
(b) Extension of Authority To Exclude Up to 12 Joint Duty Officers
From Limitation on Authorized General and Flag Officer Strength.--
Section 526(b)(2) of such title is amended by striking out ``October 1,
1998'' and inserting in lieu thereof ``October 1, 2002''.
SEC. 403. LIMITATION ON DAILY AVERAGE OF PERSONNEL ON ACTIVE DUTY IN
GRADES E-8 AND E-9.
(a) Fiscal Year Basis for Application of Limitation.--The first
sentence of section 517(a) of title 10, United States Code, is
amended--
(1) by striking out ``a calendar year'' and inserting in
lieu thereof ``a fiscal year''; and
(2) by striking out ``January 1 of that year'' and
inserting in lieu thereof ``the first day of that fiscal
year''.
(b) Correction of Cross Reference.--Such sentence is further
amended by striking out ``Except as provided in section 307 of title
37, the'' and inserting in lieu thereof ``The''.
SEC. 404. REPEAL OF PERMANENT END STRENGTH REQUIREMENT FOR SUPPORT OF
TWO MAJOR REGIONAL CONTINGENCIES.
(a) Repeal.--Section 691 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 39 of such title is amended by striking out the item relating
to section 691.
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, 1999, as follows:
(1) The Army National Guard of the United States, 357,000.
(2) The Army Reserve, 208,000.
(3) The Naval Reserve, 90,843.
(4) The Marine Corps Reserve, 40,018.
(5) The Air National Guard of the United States, 106,991.
(6) The Air Force Reserve, 74,242.
(7) The Coast Guard Reserve, 8,000.
(b) Waiver Authority.--The Secretary of Defense may vary an end
strength authorized by subsection (a) by not more than 2 percent.
(c) Adjustments.--The end strengths prescribed by subsection (a)
for the Selected Reserve of any reserve component shall be
proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year, and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released from active
duty during any fiscal year, the end strength prescribed for such
fiscal year for the Selected Reserve of such reserve component shall be
proportionately increased by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
1999, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 21,763.
(2) The Army Reserve, 11,804.
(3) The Naval Reserve, 15,590.
(4) The Marine Corps Reserve, 2,362.
(5) The Air National Guard of the United States, 10,930.
(6) The Air Force Reserve, 991.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The reserve components of the Army and the Air Force are authorized
strengths for military technicians (dual status) as of September 30,
1999, as follows:
(1) For the Army Reserve, 5,205.
(2) For the Army National Guard of the United States,
22,179.
(3) For the Air Force Reserve, 9,761.
(4) For the Air National Guard of the United States,
22,408.
SEC. 414. EXCLUSION OF ADDITIONAL RESERVE COMPONENT GENERAL AND FLAG
OFFICERS FROM LIMITATION ON NUMBER OF GENERAL AND FLAG
OFFICERS WHO MAY SERVE ON ACTIVE DUTY.
Section 526(d) of title 10, United States Code, is amended to read
as follows:
``(d) Exclusion of Certain Reserve Officers.--(1) Subject to
paragraph (2), the limitations of this section do not apply to the
following reserve component general or flag officers:
``(A) A general or flag officer who is on active duty for
training.
``(B) A general or flag officer who is on active duty under
a call or order specifying a period of less than 180 days.
``(C) A general or flag officer who is on active duty under
a call or order specifying a period of more than 179 days.
``(2) The number of general or flag officers of an armed force that
are excluded from the applicability of the limitations of this section
under paragraph (1)(C) at any one time may not exceed the number equal
to three percent of the number specified for that armed force under
subsection (a).''.
SEC. 415. 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:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
Major or Lieutenant Commander....... 3,219 1,071 791 140
Lieutenant Colonel or Commander..... 1,524 520 713 90
Colonel or Navy Captain............. 438 188 297 30''.
------------------------------------------------------------------------
(b) Senior Enlisted Members.--The table in section 12012(a) of
title 10, United States Code, is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
E-9................................. 623 202 395 20
E-8................................. 2,585 429 997 94''.
------------------------------------------------------------------------
SEC. 416. CONSOLIDATION OF STRENGTH AUTHORIZATIONS FOR ACTIVE STATUS
NAVAL RESERVE FLAG OFFICERS OF THE NAVY MEDICAL
DEPARTMENT STAFF CORPS.
Section 12004(c) of subtitle E of title 10, United States Code, is
amended--
(1) in the table in paragraph (1)--
(A) by striking out the item relating to the
Medical Corps and inserting in lieu thereof the
following:
``Medical Department staff corps.............. 9'';
and
(B) by striking out the items relating to the
Dental Corps, the Nurse Corps, and the Medical Service
Corps; and
(2) by adding at the end the following:
``(4)(A) For the purposes of paragraph (1), the Medical Department
staff corps referred to in the table are as follows:
``(i) The Medical Corps.
``(ii) The Dental Corps.
``(iii) The Nurse Corps.
``(iv) The Medical Service Corps.
``(B) Each of the Medical Department staff corps is authorized one
rear admiral (lower half) within the strength authorization distributed
to the Medical Department staff corps under paragraph (1). The
Secretary of the Navy shall distribute the remainder of the strength
authorization for the Medical Department staff corps under that
paragraph among those staff corps as the Secretary determines
appropriate to meet the needs of the Navy.''.
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 1999 a total of
$70,434,386,000. The authorization in the preceding sentence supersedes
any other authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 1999.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. STREAMLINED SELECTIVE RETENTION PROCESS FOR REGULAR OFFICERS.
(a) Repeal of Requirement for Duplicative Board.--Section 1183 of
title 10, United States Code, is repealed.
(b) Conforming Amendments.--(1) Section 1182(c) of such title is
amended by striking out ``send the record of proceedings to a board of
review convened under section 1183 of this title'' and inserting in
lieu thereof ``recommend to the Secretary concerned that the officer
not be retained on active duty''.
(2) Section 1184 of such title is amended by striking out ``board
of review convened under section 1183 of this title'' and inserting in
lieu thereof ``board of inquiry convened under section 1182 of this
title''.
(c) Clerical Amendments.--(1) The heading for section 1184 of such
title is amended by striking out ``review'' and inserting in lieu
thereof ``inquiry''.
(2) The table of sections at the beginning of chapter 60 of such
title is amended by striking out the items relating to sections 1183
and 1184 and inserting in lieu thereof the following:
``1184. Removal of officer: action by Secretary upon recommendation of
board of inquiry.''.
SEC. 502. PERMANENT APPLICABILITY OF LIMITATIONS ON YEARS OF ACTIVE
NAVAL SERVICE OF NAVY LIMITED DUTY OFFICERS IN GRADES OF
COMMANDER AND CAPTAIN.
(a) Commanders.--Section 633 of title 10, United States Code, is
amended--
(1) by striking out ``Except an officer'' and all that
follows through ``or section 6383 of this title applies'' and
inserting in lieu thereof ``Except an officer of the Navy or
Marine Corps who is an officer designated for limited duty to
whom section 5596(e) or 6383 of this title applies''; and
(2) by striking out the second sentence.
(b) Captains.--Section 634 of such title is amended--
(1) by inserting ``an officer of the Navy who is designated
for limited duty to whom section 6383(a)(4) of this title
applies and except'' in the first sentence after ``Except'';
and
(2) by striking out the second sentence.
(c) Years of Active Naval Service.--Section 6383(a) of such title
is amended by striking out paragraph (5).
(d) Limitations on Selective Retentions.--Section 6383(k) of such
title is amended by striking out the last sentence.
SEC. 503. INVOLUNTARY SEPARATION PAY DENIED FOR OFFICER DISCHARGED FOR
FAILURE OF SELECTION FOR PROMOTION REQUESTED BY THE
OFFICER.
(a) Ineligibility for Separation Pay.--Section 1174(a) of title 10,
United States Code, is amended by adding at the end the following:
``(3) Notwithstanding paragraphs (1) and (2), an officer discharged
for twice failing of selection for promotion to the next higher grade
is not entitled to separation pay under this section if the officer
submitted a request not to be selected for promotion to any selection
board that considered and did not select the officer for promotion to
that grade.''.
(b) Report of Selection Board To Name Officers Requesting
Nonselection.--Section 617 of such title is amended by adding at the
end the following:
``(c) A selection board convened under section 611(a) of this title
shall include in its report to the Secretary concerned the name of any
regular officer considered and not recommended by the board for
promotion who submitted to the board a request not to be selected for
promotion.''.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on the date of the enactment of this Act and
shall apply with respect to selection boards convened under section
611(a) of title 10, United States Code, on or after that date.
SEC. 504. TERM OF OFFICE OF THE CHIEF OF THE AIR FORCE NURSE CORPS.
Section 8069(b) of title 10, United States Code, is amended in the
third sentence by striking out ``and'' and inserting in lieu thereof
the following: ``except that the Secretary may increase the limit to
four years in any case in which the Secretary determines that special
circumstances justify a longer term of service in the position. An
officer appointed as Chief''.
SEC. 505. ATTENDANCE OF RECIPIENTS OF NAVAL RESERVE OFFICERS' TRAINING
CORPS SCHOLARSHIPS AT PARTICIPATING COLLEGES OR
UNIVERSITIES.
Section 2107 of title 10, United States Code, is amended by adding
at the end the following:
``(i)(1) Notwithstanding any other provision of law or any policy
or regulation of the Department of Defense or of the Department of the
Navy, recipients of Naval Reserve Officers' Training Corps scholarships
who live in a State which has more scholarship awardees than slots
available under the Navy quotas in their State colleges and
universities may attend any college or university of their choice in
their State to which they have been accepted, so long as the college or
university is a participant in the Naval Reserve Officers' Training
Corps program.
``(2) The Department of Defense and the Department of the Navy are
prohibited from setting maximum limits on the number of Naval Reserve
Officers' Training Corps scholarship students who can be enrolled at
any college or university participating in the Naval Reserve Officers'
Training Corps program in such State.''.
Subtitle B--Reserve Component Matters
SEC. 511. SERVICE REQUIRED FOR RETIREMENT OF NATIONAL GUARD OFFICER IN
HIGHER GRADE.
(a) Revision of Requirement.--Subparagraph (E) of section
1370(d)(3) of title 10, United States Code, is amended to read as
follows:
``(E) To the extent authorized by the Secretary of the military
department concerned, a person who, after having been found qualified
for Federal recognition in a higher grade by a board under section 307
of title 32, serves in a position for which that grade is the minimum
authorized grade and is appointed as a reserve officer in that grade
may be credited for the purposes of subparagraph (A) as having served
in that grade. The period of the service for which credit is afforded
under the preceding sentence may only be the period for which the
person served in the position after the Senate provides advice and
consent for the appointment.''.
(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 appointments to higher grades that take effect after
that date.
SEC. 512. REDUCED TIME-IN-GRADE REQUIREMENT FOR RESERVE GENERAL AND
FLAG OFFICERS INVOLUNTARILY TRANSFERRED FROM ACTIVE
STATUS.
(a) Minimum Service in Active Status.--Section 1370(d)(3) of title
10, United States Code, as amended by section 511, is further amended
by adding at the end the following new subparagraph:
``(F) A person covered by subparagraph (A) who has completed at
least six months of satisfactory service in a grade above colonel or
(in the case of the Navy) captain and, while serving in an active
status in such grade, is involuntarily transferred (other than for
cause) from active status may be credited with satisfactory service in
the grade in which serving at the time of such transfer,
notwithstanding failure of the person to complete three years of
service in that grade.''.
(b) Effective Date.--Subparagraph (F) of such section, as added by
subsection (a), shall take effect on the date of the enactment of this
Act and shall apply with respect to transfers referred to in such
subparagraph that are made on or after that date.
SEC. 513. ELIGIBILITY OF ARMY AND AIR FORCE RESERVE BRIGADIER GENERALS
TO BE CONSIDERED FOR PROMOTION WHILE ON INACTIVE STATUS
LIST.
(a) Waiver of Active Status Requirement.--Chapter 1405 of title 10,
United States Code, is amended by adding at the end the following:
``Sec. 14318. Officers on inactive status list: eligibility of Army and
Air Force reserve brigadier generals for consideration
for promotion
``(a) Waiver of One-Year Active Status Rule.--The Secretary
concerned may waive the eligibility requirements in section 14301(a) of
this title (and the requirement in section 140101(a) of this title that
an officer be on a reserve active-status list) in the case of a general
officer referred to in subsection (b) and authorize the officer to be
considered for promotion under this chapter by a promotion board
convened under section 14101(a) of this title.
``(b) Applicability.--Subsection (a) applies to a reserve officer
of the Army or Air Force who--
``(1) is on the inactive status list of the Standby Reserve
in the grade of brigadier general pursuant to a transfer under
section 14314(a)(2) of this title;
``(2) has been on the inactive status list pursuant to the
transfer for less than one year as of the date of the convening
of the promotion board that is to consider the officer for
promotion; and
``(3) during the one-year period ending on the date of the
transfer to the inactive status list, continuously performed
service on either the reserve active-status list, the active-
duty list, or a combination of both lists.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``14318. Officers on inactive status list: eligibility of Army and Air
Force reserve brigadier generals for
consideration for promotion.''.
SEC. 514. COMPOSITION OF SELECTIVE EARLY RETIREMENT BOARDS FOR REAR
ADMIRALS OF THE NAVAL RESERVE AND MAJOR GENERALS OF THE
MARINE CORPS RESERVE.
Section 14705(b) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b) Boards.--''; and
(2) by adding at the end the following:
``(2) In the case of a board convened to consider the early
retirement of officers in the grade of rear admiral in the Naval
Reserve or major general in the Marine Corps Reserve, the Secretary of
the Navy may prescribe the composition of the board notwithstanding
section 14102(b) of this title. In doing so, however, the Secretary
shall ensure that each regular commissioned officer of the Navy or the
Marine Corps appointed to the board holds a permanent grade higher than
the grade of the officers under consideration by the board and that at
least one member of the board is a reserve officer who holds the grade
of rear admiral or major general.''.
SEC. 515. USE OF RESERVES FOR EMERGENCIES INVOLVING WEAPONS OF MASS
DESTRUCTION.
(a) Order to Active Duty.--(1) Section 12304 of title 10, United
States Code, is amended--
(A) in subsection (a), by inserting ``or is necessary to
provide assistance referred to in subsection (b)'' after ``to
augment the active forces for any operational mission''.
(B) in subsection (b)--
(i) by striking out ``(b)'' and inserting in lieu
thereof ``(c) Limitations.--(1)''; and
(ii) by striking out ``, or to provide'' and
inserting in lieu thereof ``or, except as provided in
subsection (b), to provide'';
(C) by redesignating subsection (c) as paragraph (2); and
(D) by inserting after subsection (a) the following new
subsection (b):
``(b) Support for Responses to Certain Emergencies.--The authority
under subsection (a) includes authority to order a unit or member to
active duty to provide assistance in responding to an emergency
involving a use or threatened use of a weapon of mass destruction.''.
(2) Subsection (i) of such section is amended to read as follows:
``(i) Definitions.--For purposes of this section:
``(1) The term `Individual Ready Reserve mobilization
category' means, in the case of any reserve component, the
category of the Individual Ready Reserve described in section
10144(b) of this title.
``(2) The term `weapon of mass destruction' has the meaning
given such term in section 1402 of the Defense Against Weapons
of Mass Destruction Act of 1996 (50 U.S.C. 2302(1)).''.
(3) Such section is further amended--
(A) in subsection (a), by inserting ``Authority.--'' after
``(a)'';
(B) in subsection (d), by inserting ``Exclusion From
Strength Limitations.--'' after ``(d)'';
(C) in subsection (e), by inserting ``Policies and
Procedures.--'' after ``(e)'';
(D) in subsection (f), by inserting ``Notification of
Congress.--'' after ``(f)'';
(E) in subsection (g), by inserting ``Termination of
Duty.--'' after ``(g)''; and
(F) in subsection (h), by inserting ``Relationship to War
Powers Resolution.--'' after ``(h)''.
(b) Use of Active Guard and Reserve Personnel.--Section 12310 of
title 10, United States Code, is amended by adding at the end the
following:
``(c)(1) A Reserve on active duty as described in subsection (a),
or a Reserve who is a member of the National Guard serving on full-time
National Guard duty under section 502(f) of title 32 in connection with
functions referred to in subsection (a), may perform any duties in
support of emergency preparedness programs to prepare for or to respond
to any emergency involving the use of a weapon of mass destruction (as
defined in section 1402 of the Defense Against Weapons of Mass
Destruction Act of 1996 (50 U.S.C. 2302(1))).
``(2) The costs of the pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses for a Reserve performing
duties under the authority of paragraph (1) shall be paid from the
appropriation that is available to pay such costs for other members of
the reserve component of that Reserve who are performing duties as
described in subsection (a).''.
Subtitle C--Other Matters
SEC. 521. ANNUAL MANPOWER REQUIREMENTS REPORT.
Section 115a(a) of title 10, United States Code, is amended by
striking out the first sentence and inserting in lieu thereof the
following: ``The Secretary of Defense shall submit an annual manpower
requirements report to Congress each year, not later than 45 days after
the date on which the President submits the budget for the next fiscal
year to Congress under section 1105(a) of title 31.''.
SEC. 522. FOUR-YEAR EXTENSION OF CERTAIN FORCE REDUCTION TRANSITION
PERIOD MANAGEMENT AND BENEFITS AUTHORITIES.
(a) Active Force Early Retirement.--Section 4403(i) of the National
Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 1293 note) is
amended by striking out ``October 1, 1999'' and inserting in lieu
thereof ``October 1, 2003''.
(b) Special Separation Benefits Program.--Section 1174a(h) of title
10, United States Code, is amended by striking out ``September 30,
1999'' and inserting in lieu thereof ``September 30, 2003''.
(c) Voluntary Separation Incentive.--Section 1175(d)(3) of such
title is amended by striking out ``September 30, 1999'' and inserting
in lieu thereof ``September 30, 2003''.
(d) Selective Early Retirement Boards.--Section 638a(a) of such
title, is amended by striking out ``nine-year period'' and inserting in
lieu thereof ``13-year period''.
(e) Retired Grade.--Section 1370(a)(2)(A) of such title is amended
by striking out ``nine-year period'' and inserting in lieu thereof
``13-year period''.
(f) Minimum Commissioned Service for Voluntary Retirement.--
Sections 3911(b), 6323(a)(2), and 8911(b) of such title are amended by
striking out ``nine-year period'' and inserting in lieu thereof ``13-
year period''.
(g) Travel, Transportation, and Storage Benefits.--(1) Subsections
(c)(1)(C) and (f)(2)(B)(v) of section 404 of title 37, United States
Code, and subsections (a)(2)(B)(v) and (g)(1)(C) of section 406 of such
title are amended by striking out ``nine-year period'' and inserting in
lieu thereof ``13-year period''.
(2) Section 503(c)(1) of the National Defense Authorization Act for
Fiscal Year 1991 (37 U.S.C. 406 note) is amended by striking out
``nine-year period'' and inserting in lieu thereof ``13-year period''.
(h) Educational Leave for Public and Community Service.--Section
4463(f) of the National Defense Authorization Act for Fiscal Year 1993
(10 U.S.C. 1143a note) is amended by striking out ``September 30,
1999'' and inserting in lieu thereof ``September 30, 2003''.
(i) Health Benefits.--Section 1145 of title 10, United States Code,
is amended--
(1) in subsections (a)(1) and (c)(1), by striking out
``nine-year period'' and inserting in lieu thereof ``13-year
period''; and
(2) in subsection (e), by striking out ``five-year period''
and inserting in lieu thereof ``nine-year period''.
(j) Commissary and Exchange Benefits.--Section 1146 of such title
is amended--
(1) by striking out ``nine-year period'' in the first
sentence and inserting in lieu thereof ``13-year period''; and
(2) by striking out ``five-year period'' in the second
sentence and inserting in lieu thereof ``nine-year period''.
(k) Use of Military Housing.--Section 1147(a) of such title 10 is
amended--
(1) in paragraph (1), by striking out ``nine-year period''
and inserting in lieu thereof ``13-year period''; and
(2) in paragraph (2), by striking out ``five-year period''
and inserting in lieu thereof ``nine-year period''.
(l) Continued Enrollment of Dependents in Defense Dependents'
Education System.--Section 1407(c)(1) of the Defense Dependents'
Education Act of 1978 (20 U.S.C. 926(c)(1)) is amended by striking out
``nine-year period'' and inserting in lieu thereof ``13-year period''.
(m) Guard and Reserve Transition Initiatives.--Title XLIV of the
National Defense Authorization Act for Fiscal Year 1993 (10 U.S.C.
12681 note) is amended--
(1) in section 4411, by striking out ``September 30, 1999''
and inserting in lieu thereof ``September 30, 2003''; and
(2) in section 4416(b)(1), by striking out ``October 1,
1999'' and inserting in lieu thereof ``October 1, 2003''.
(n) Retired Pay for Nonregular Service-Age and Service
Requirements.--(1) Section 12731(f) of title 10, United States Code, is
amended by striking out ``September 30, 1999'' and inserting in lieu
thereof ``September 30, 2003''.
(2) Subsections (a)(1)(B) and (b) of section 12731a of such title
are amended by striking out ``October 1, 1999'' and inserting in lieu
thereof ``October 1, 2003''.
(o) Reduction of Time-in-Grade Requirement for Retention of Grade
Upon Voluntary Retirement.--Section 1370(d) of such title is amended by
adding at the end the following new paragraph:
``(5) The Secretary of Defense may authorize the Secretary of a
military department to reduce the three-year period required by
paragraph (3)(A) to a period not less than two years in the case of
retirements effective during the period beginning on the date of the
enactment of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 and ending September 30, 2003. The number of the
reserved commissioned officers of an armed force in the same grade for
whom a reduction is made during any fiscal year in the period of
service-in-grade otherwise required under this paragraph may not exceed
the number equal to two percent of the strength authorized for that
fiscal year for reserve commissioned officers of that armed force in an
active status in that grade.''.
(p) Affiliation With Guard and Reserve Units; Waiver of Certain
Limitations.--Section 1150(a) of such title is amended by striking out
``nine-year period'' and inserting in lieu thereof ``13-year period''.
(q) Time for Use of Montgomery G.I. Bill Entitlement.--Section
16133(b)(1)(B) of such title is amended by striking out ``September 30,
1999'' and inserting in lieu thereof ``September 30, 2003''.
SEC. 523. CONTINUATION OF ELIGIBILITY FOR VOLUNTARY SEPARATION
INCENTIVE AFTER INVOLUNTARY LOSS OF MEMBERSHIP IN READY
OR STANDBY RESERVE.
(a) Period of Eligibility.--Subsection (a) of section 1175 of title
10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by striking out ``, for the period of time the member
is serving in a reserve component''; and
(3) by adding at the end the following:
``(2)(A) Except as provided in subparagraph (B), a financial
incentive provided a member under this section shall be paid for the
period equal to twice the number of years of service of the member,
computed as provided in subsection (e)(5).
``(B) If, before the expiration of the period otherwise applicable
under subparagraph (A) to a member receiving a financial incentive
under this section, the member is separated from a reserve component or
is transferred to the Retired Reserve, the period for payment of a
financial incentive to the member under this section shall terminate on
the date of the separation or transfer unless--
``(i) the separation or transfer is required by reason of
the age or number of years of service of the member;
``(ii) the separation or transfer is required by reason of
the failure of selection for promotion or the medical
disqualification of the member, except in a case in which the
Secretary of Defense or the Secretary of Transportation
determines that the basis for the separation or transfer is a
result of a deliberate action taken by the member with the
intent to avoid retention in the Ready Reserve or Standby
Reserve; or
``(iii) in the case of a separation, the member is
separated from the reserve component for appointment or
enlistment in or transfer to another reserve component of an
armed force for service in the Ready Reserve or Standby Reserve
of that armed force.''.
(b) Repeal of Superseded Provision.--Subsection (e)(1) of such
section is amended by striking out the second sentence.
SEC. 524. REPEAL OF LIMITATIONS ON AUTHORITY TO SET RATES AND WAIVE
REQUIREMENT FOR REIMBURSEMENT OF EXPENSES INCURRED FOR
INSTRUCTION AT SERVICE ACADEMIES OF PERSONS FROM FOREIGN
COUNTRIES.
(a) United States Military Academy.--Section 4344(b) of title 10,
United States Code, is amended--
(1) in the second sentence of paragraph (2), by striking
out ``, except that the reimbursement rates may not be less
than the cost to the United States of providing such
instruction, including pay, allowances, and emoluments, to a
cadet appointed from the United States''; and
(2) by striking out paragraph (3).
(b) Naval Academy.--Section 6957(b) of such title is amended--
(1) in the second sentence of paragraph (2), by striking
out ``, except that the reimbursement rates may not be less
than the cost to the United States of providing such
instruction, including pay, allowances, and emoluments, to a
midshipman appointed from the United States''; and
(2) by striking out paragraph (3).
(c) Air Force Academy.--Section 9344(b) of such title is amended--
(1) in the second sentence of paragraph (2), by striking
out ``, except that the reimbursement rates may not be less
than the cost to the United States of providing such
instruction, including pay, allowances, and emoluments, to a
cadet appointed from the United States''; and
(2) by striking out paragraph (3).
SEC. 525. REPEAL OF RESTRICTION ON CIVILIAN EMPLOYMENT OF ENLISTED
MEMBERS.
(a) Repeal.--Section 974 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 49 of such title is amended by striking out the item relating
to section 974.
SEC. 526. EXTENSION OF REPORTING DATES FOR COMMISSION ON MILITARY
TRAINING AND GENDER-RELATED ISSUES.
(a) Interim Report.--Subsection (e)(1) of section 562 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 111 Stat. 1754; 10 U.S.C. 113 note) is amended by striking out
``April 15, 1998'' and inserting in lieu thereof ``October 15, 1998''.
(b) Final Report.--Subsection (e)(2) of such section is amended by
striking out ``September 16, 1998'' and inserting in lieu thereof
``March 15, 1999''.
SEC. 527. MORATORIUM ON CHANGES OF GENDER-RELATED POLICIES AND
PRACTICES PENDING COMPLETION OF THE WORK OF THE
COMMISSION ON MILITARY TRAINING AND GENDER-RELATED
ISSUES.
Notwithstanding any other provision of law, officials of the
Department of Defense are prohibited from implementing any change of
policy or official practice in the department regarding separation or
integration of members of the Armed Forces on the basis of gender that
is within the responsibility of the Commission on Military Training and
Gender-Related Issues to review under subtitle F of title V of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 111 Stat. 1750), before the date on which the commission
terminates under section 564 of such Act.
SEC. 528. TRANSITIONAL COMPENSATION FOR ABUSED DEPENDENT CHILDREN NOT
RESIDING WITH THE SPOUSE OR FORMER SPOUSE OF A MEMBER
CONVICTED OF DEPENDENT ABUSE.
(a) Entitlement Not Conditioned on Forfeiture of Spousal
Compensation.--Subsection (d) of section 1059 of title 10, United
States Code, is amended--
(1) by striking out paragraph (1) and inserting in lieu
thereof the following:
``(1) If the individual was married at the time of the
commission of the dependent-abuse offense resulting in the
separation, the spouse or former spouse to whom the individual
was married at that time shall be paid such compensation,
including an amount (determined under subsection (f)(2)) for
each, if any, dependent child of the individual described in
subsection (b) who resides in the same household as that spouse
or former spouse.'';
(2) in paragraph (2)--
(A) by striking out ``(but for subsection (g))
would be eligible'' and inserting in lieu thereof ``is
or, but for subsection (g), would be eligible''; and
(B) by striking out ``such compensation'' and
inserting in lieu thereof ``compensation under this
section''; and
(3) in paragraph (4), by striking out ``For purposes of
paragraphs (2) and (3)'' and inserting in lieu thereof ``For
purposes of this subsection''.
(b) Amount of Payment.--Subsection (f)(2) of such section is
amended by striking out ``has custody of a dependent child or children
of the member'' and inserting in lieu thereof ``has custody of a
dependent child of the member who resides in the same household as that
spouse or former spouse''.
(c) Prospective Applicability.--No benefits shall accrue by reason
of the amendments made by this section for any month that begins before
the date of the enactment of this Act.
SEC. 529. PILOT PROGRAM FOR TREATING GED AND HOME SCHOOL DIPLOMA
RECIPIENTS AS HIGH SCHOOL GRADUATES FOR DETERMINATIONS OF
ELIGIBILITY FOR ENLISTING IN THE ARMED FORCES.
(a) Program Required.--The Secretary of Defense shall establish a
pilot program to assess whether the Armed Forces could better meet
recruiting requirements by treating GED recipients and home school
diploma recipients as having graduated from high school with a high
school diploma for the purpose of determining the eligibility of those
persons to enlist in the Armed Forces. The Secretary of each military
department shall administer the pilot program for the armed force or
armed forces under the jurisdiction of the Secretary.
(b) Eligible Recipients.--(1) Under the pilot program, a person
shall be treated as having graduated from high school with a high
school diploma for the purpose described in subsection (a) if the
person--
(A) has completed a general education development program
while participating in the National Guard Challenge Program and
is a GED recipient; or
(B) is a home school diploma recipient and provides a
transcript demonstrating completion of high school to the
military department involved under the pilot program.
(2) For the purposes of this section, a person is a GED recipient
if the person, after completing a general education development
program, has obtained certification of high school equivalency by
meeting State requirements and passing a State approved exam that is
administered for the purpose of providing an appraisal of the person's
achievement or performance in the broad subject matter areas usually
required for high school graduates.
(3) For the purposes of this section, a person is a home school
diploma recipient if the person has received a diploma for completing a
program of education through the high school level at a home school,
without regard to whether the home school is treated as a private
school under the law of the State in which located.
(c) Annual Limit on Number.--Not more than 1,250 GED recipients,
and not more than 1,250 home school diploma recipients, enlisted by an
armed force in any fiscal year may be treated under the pilot program
as having graduated from high school with a high school diploma.
(d) Period for Pilot Program.--The pilot program shall be in effect
for five fiscal years beginning on October 1, 1998.
(e) Report.--(1) Not later than February 1, 2004, the Secretary of
Defense shall submit a report on the pilot program to the Committee on
Armed Services of the Senate and the Committee on National Security of
the House of Representatives.
(2)(A) The report shall include the assessment of the Secretary of
Defense, and any assessment of any of the Secretaries of the military
departments, regarding the value of, and any necessity for, authority
to treat GED recipients and home school diploma recipients as having
graduated from high school with a high school diploma for the purpose
of determining the eligibility of those persons to enlist in the Armed
Forces.
(B) The Secretary shall also set forth in the report, by armed
force for each fiscal year of the pilot program, a comparison of the
performance of the persons who enlisted in that armed force during the
fiscal year as GED or home school diploma recipients treated under the
pilot program as having graduated from high school with a high school
diploma with the performance of the persons who enlisted in that armed
force during the same fiscal year after having graduated from high
school with a high school diploma, with respect to the following:
(i) Attrition.
(ii) Discipline.
(iii) Adaptability to military life.
(iv) Aptitude for mastering the skills necessary for
technical specialties.
(v) Reenlistment rates.
(f) Reference to National Guard Challenge Program.--The National
Guard Challenge Program referred to in this section is a program
conducted under section 509 of title 32, United States Code.
(g) State Defined.--In this section, the term ``State'' has the
meaning given that term in section 509(l)(1) of title 32, United States
Code.
SEC. 530. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN DECORATIONS
TO CERTAIN PERSONS.
(a) Waiver.--Any limitation established by law or policy for the
time within which a recommendation for the award of a military
decoration or award must be submitted shall not apply to awards of
decorations described in this section, the award of each such
decoration having been determined by the Secretary of the military
department concerned to be warranted in accordance with section 1130 of
title 10, United States Code.
(b) Distinguished-Service Cross.--Subsection (a) applies to award
of the Distinguished-Service Cross of the Army as follows:
(1) To Isaac Camacho of El Paso, Texas, for extraordinary
heroism in actions at Camp Hiep Hoa in Vietnam on November 24,
1963, while serving as a member of the Army.
(2) To Bruce P. Crandall of Mesa, Arizona, for
extraordinary heroism in actions at Landing Zone X-Ray in
Vietnam on November 14, 1965, while serving as a member of the
Army.
(3) To Leland B. Fair of Jessieville, Arkansas, for
extraordinary heroism in actions in the Philippine Islands on
July 4, 1945, while serving as a member of the Army.
(c) Distinguished-Service Medal.--Subsection (a) applies to award
of the Distinguished-Service Medal of the Army to Richard P. Sakakida
of Fremont, California, for exceptionally meritorious service while a
prisoner of war in the Philippine Islands from May 7, 1942, to
September 14, 1945, while serving as a member of the Army.
(d) Distinguished Flying Cross.--Subsection (a) applies to 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 (not covered by section 573(d) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
1757)) concerning whom the Secretary of the Navy (or an officer of the
Navy acting on behalf of the Secretary) submitted to the Committee on
National Security of the House of Representatives and the Committee on
Armed Services of the Senate, before the date of the enactment of this
Act, a notice as provided in section 1130(b) of title 10, United States
Code, that the award of the Distinguished Flying Cross to that
individual is warranted and that a waiver of time restrictions
prescribed by law for recommendation for such award is recommended.
SEC. 531. PROHIBITION ON ENTRY INTO CORRECTIONAL FACILITIES FOR
PRESENTATION OF DECORATIONS TO PERSONS WHO COMMIT CERTAIN
CRIMES BEFORE PRESENTATION.
(a) Prohibition.--Chapter 57 of title 10, United States Code, is
amended by adding at the end the following:
``Sec. 1132. Presentation of decorations: prohibition on entering into
correctional facilities for certain presentations
``(a) Prohibition.--No member of the armed forces may enter into a
Federal, State, or local correctional facility for purposes of
presenting a decoration to a person who has been convicted of a serious
violent felony.
``(b) Definitions.--In this section:
``(1) The term `decoration' means any decoration or award
that may be presented or awarded to a member of the armed
forces.
``(2) The term `serious violent felony' has the meaning
given that term in section 3359(c)(2)(F) of title 18.''.
(b) Clerical Amendment.--The table of sections at the beginning of
that chapter is amended by adding at the end the following:
``1132. Presentation of decorations: prohibition on entering into
correctional facilities for certain
presentations.''.
SEC. 532. ADVANCEMENT OF BENJAMIN O. DAVIS, JUNIOR, TO GRADE OF
GENERAL.
(a) Authority.--The President is authorized to advance Benjamin O.
Davis, Junior, to the grade of general on the retired list of the Air
Force.
(b) Additional Benefits Not To Accrue.--An advancement of Benjamin
O. Davis, Junior, to the grade of general on the retired list of the
Air Force under subsection (a) shall not increase or change the
compensation or benefits from the United States to which any person is
now or may in the future be entitled based upon the military service of
the said Benjamin O. Davis, Junior.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 1999.
(a) Waiver of Section 1009 Adjustment.--Any adjustment required by
section 1009 of title 37, United States Code, in the rates of monthly
basic pay authorized members of the uniformed services by section
203(a) of such title to become effective during fiscal year 1999 shall
not be made.
(b) Increase in Basic Pay.--Effective on January 1, 1999, the rates
of basic pay of members of the uniformed services are increased by 3.6
percent.
(c) Offsetting Reductions in Authorizations of Appropriations.--(1)
Notwithstanding any other provision of title I, the total amount
authorized to be appropriated under title II is hereby reduced by
$150,000,000.
(2) Notwithstanding any other provision of title II, the total
amount authorized to be appropriated under title II is hereby reduced
by $275,000,000.
SEC. 602. RATE OF PAY FOR CADETS AND MIDSHIPMEN AT THE SERVICE
ACADEMIES.
(a) Increased Rate.--Section 203(c) of title 37, United States
Code, is amended by striking out ``$558.04'' and inserting in lieu
thereof ``$600.00''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on January 1, 1999.
SEC. 603. PAYMENTS FOR MOVEMENTS OF HOUSEHOLD GOODS ARRANGED BY
MEMBERS.
(a) Monetary Allowance Authorized.--Subsection (b)(1) of section
406 of title 37, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking out ``, or reimbursement
therefor,''; and
(B) by inserting after the second sentence the
following: ``Alternatively, a member may be paid
reimbursement or a monetary allowance under
subparagraph (F).''; and
(2) by adding at the end the following:
``(F) A member entitled to transportation of baggage and household
effects under subparagraph (A) may, as an alternative to the provision
of transportation, be paid reimbursement or, at the member's request, a
monetary allowance in advance for the cost of transportation of the
baggage and household effects. The monetary allowance may be paid only
if the amount of the allowance does not exceed the cost that would be
incurred by the Government under subparagraph (A) for the
transportation of the baggage and household effects. Appropriations
available to the Department of Defense, the Department of
Transportation, and the Department of Health and Human Services for
providing transportation of baggage or household effects of members of
the uniformed services shall be available to pay a reimbursement or
monetary allowance under this subparagraph. The Secretary concerned may
prescribe the manner in which the risk of liability for damage,
destruction, or loss of baggage or household effects arranged, packed,
crated, or loaded by a member is allocated among the member, the United
States, and any contractor when a reimbursement or monetary allowance
is elected under this subparagraph.''.
(b) Repeal of Superseded Provision.--Such section is further
amended by striking out subsection (j).
SEC. 604. LEAVE WITHOUT PAY FOR SUSPENDED ACADEMY CADETS AND
MIDSHIPMEN.
(a) Authority.--Section 702 of title 10, United States Code, is
amended--
(1) by designating the second sentence of subsection (b) as
subsection (d);
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Leave Without Pay.--(1) Under regulations prescribed under
subsection (d), the Superintendent of the United States Military
Academy, the United States Naval Academy, the United States Air Force
Academy, or the United States Coast Guard Academy may order a cadet or
midshipman of the Academy to be placed on leave involuntarily for any
period during which the cadet or midshipman is suspended from duty at
the Academy--
``(A) pending separation from the Academy;
``(B) pending return to the Academy to repeat an academic
semester or year; or
``(C) for other good cause.
``(2) A cadet or midshipman placed on involuntary leave under
paragraph (1) is not entitled to any pay under section 230(c) of title
37 for the period of the leave.
``(3) A return of a cadet or midshipman to a pay status at the
Academy from an involuntary leave status under paragraph (1) does not
restore any entitlement of the cadet or midshipman to pay for the
period of the involuntary leave.''.
(b) Subsection Headings.--Such section, as amended by subsection
(a), is further amended--
(1) in subsection (a), by inserting ``Graduation Leave.--''
after ``(a)'';
(2) in subsection (c), by inserting ``Inapplicable Leave
Provisions.--'' after ``(c)''; and
(3) in subsection (d), by inserting ``Regulations.--''
after ``(d)''.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. THREE-MONTH 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 out ``September 30, 1999'' and inserting in lieu
thereof ``December 31, 1999''.
(b) Selected Reserve Reenlistment Bonus.--Section 308b(f) of title
37, United States Code, is amended by striking out ``September 30,
1999'' and inserting in lieu thereof ``December 31, 1999''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of title
37, United States Code, is amended by striking out ``September 30,
1999'' and inserting in lieu thereof ``December 31, 1999''.
(d) Special Pay for Enlisted Members Assigned to Certain High
Priority Units.--Section 308d(c) of title 37, United States Code, is
amended by striking out ``September 30, 1999'' and inserting in lieu
thereof ``December 31, 1999''.
(e) Selected Reserve Affiliation Bonus.--Section 308e(e) of title
37, United States Code, is amended by striking out ``September 30,
1999'' and inserting in lieu thereof ``December 31, 1999''.
(f) Ready Reserve Enlistment and Reenlistment Bonus.--Section
308h(g) of title 37, United States Code, is amended by striking out
``September 30, 1999'' and inserting in lieu thereof ``December 31,
1999''.
(g) Prior Service Enlistment Bonus.--Section 308i(f) of title 37,
United States Code, as redesignated by section 622, is amended by
striking out ``September 30, 1999'' and inserting in lieu thereof
``December 31, 1999''.
(h) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of title 10,
United States Code, is amended by striking out ``October 1, 1999'' and
inserting in lieu thereof ``January 1, 2000''.
SEC. 612. THREE-MONTH EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY
AUTHORITIES FOR NURSE OFFICER CANDIDATES, REGISTERED
NURSES, AND NURSE ANESTHETISTS.
(a) Nurse Officer Candidate Accession Program.--Section 2130a(a)(1)
of title 10, United States Code, is amended by striking out ``September
30, 1999'' and inserting in lieu thereof ``December 31, 1999''.
(b) Accession Bonus for Registered Nurses.--Section 302d(a)(1) of
title 37, United States Code, is amended by striking out ``September
30, 1999'' and inserting in lieu thereof ``December 31, 1999''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of title 37, United States Code, is amended by striking out
``September 30, 1999'' and inserting in lieu thereof ``December 31,
1999''.
SEC. 613. THREE-MONTH 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 out ``September 30, 1999,''
and inserting in lieu thereof ``December 31, 1999,''.
(b) Reenlistment Bonus for Active Members.--Section 308(g) of title
37, United States Code, is amended by striking out ``September 30,
1999'' and inserting in lieu thereof ``December 31, 1999''.
(c) Enlistment Bonuses for Members With Critical Skills.--Sections
308a(c) and 308f(c) of title 37, United States Code, are each amended
by striking out ``September 30, 1999'' and inserting in lieu thereof
``December 31, 1999''.
(d) Special Pay for Nuclear-Qualified Officers Extending Period of
Active Service.--Section 312(e) of title 37, United States Code, is
amended by striking out ``September 30, 1999'' and inserting in lieu
thereof ``December 31, 1999''.
(e) Nuclear Career Accession Bonus.--Section 312b(c) of title 37,
United States Code, is amended by striking out ``September 30, 1999''
and inserting in lieu thereof ``December 31, 1999''.
(f) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of
title 37, United States Code, is amended by striking out ``October 1,
1999'' and inserting in lieu thereof ``October 1, 1998, and the 15-
month period beginning on that date and ending on December 31, 1999''.
SEC. 614. ELIGIBILITY OF RESERVES FOR SELECTIVE REENLISTMENT BONUS WHEN
REENLISTING OR EXTENDING TO PERFORM ACTIVE GUARD AND
RESERVE DUTY.
Section 308(a)(1)(D) of title 37, United States Code, is amended by
inserting after ``a regular component of the service concerned'' the
following: ``, or in a reserve component of the service concerned in
the case of a member reenlisting or extending to perform active Guard
and Reserve duty (as defined in section 101(d)(6) of title 10),''.
SEC. 615. REPEAL OF TEN-PERCENT LIMITATION ON PAYMENTS OF SELECTIVE
REENLISTMENT BONUSES IN EXCESS OF $20,000.
Section 308(b) of title 37, United States Code, is amended--
(1) by striking out paragraph (2); and
(2) in paragraph (1), by striking out ``(1)''.
SEC. 616. INCREASE OF MAXIMUM AMOUNT AUTHORIZED FOR ARMY ENLISTMENT
BONUS.
Section 308f(a) of title 37, United States Code, is amended by
striking out ``$4,000'' and inserting in lieu thereof ``$6,000''.
SEC. 617. EDUCATION LOAN REPAYMENT PROGRAM FOR HEALTH PROFESSIONS
OFFICERS SERVING IN SELECTED RESERVE.
(a) Eligible Persons.--Subsection (b)(2) of section 16302 of title
10, United States Code, is amended by inserting ``, or is enrolled in a
program of education leading to professional qualifications,'' after
``possesses professional qualifications''.
(b) Increased Benefits.--Subsection (c) of such section is
amended--
(1) in paragraph (2), by striking out ``$3,000'' and
inserting in lieu thereof ``$20,000''; and
(2) in paragraph (3), by striking out ``$20,000'' and
inserting in lieu thereof ``$50,000''.
SEC. 618. INCREASE IN AMOUNT OF BASIC EDUCATIONAL ASSISTANCE UNDER ALL-
VOLUNTEER FORCE PROGRAM FOR PERSONNEL WITH CRITICALLY
SHORT SKILLS OR SPECIALTIES.
Section 3015(d) of title 38, United States Code, is amended by
striking out ``$700'' and inserting in lieu thereof ``$950''.
SEC. 619. RELATIONSHIP OF ENTITLEMENTS TO ENLISTMENT BONUSES AND
BENEFITS UNDER THE ALL-VOLUNTEER FORCE EDUCATIONAL
ASSISTANCE PROGRAM.
(a) Entitlements Not Exclusive.--(1) Subchapter II of chapter 30 of
title 38, United States Code, is amended by adding at the end the
following:
``Sec. 3019A. Relationship to entitlement to certain enlistment bonuses
``The entitlement of an individual to benefits under this chapter
is not affected by receipt by that individual of an enlistment bonus
under section 308a or 308f of title 37.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 3019 the
following:
``3019A. Relationship to entitlement to certain enlistment bonuses.''.
(b) Repeal of Related Limitation.--Section 8013(a) of Public Law
105-56 (111 Stat. 1222) is amended--
(1) by striking out ``of this Act--'' and all that follows
through ``nor shall any amounts'' and inserting in lieu thereof
``of this Act enlists in the armed services for a period of
active duty of less that three years, nor shall any amounts'';
and
(2) in the first proviso, by striking out ``in the case of
a member covered by clause (1),''.
SEC. 620. HARDSHIP DUTY PAY.
(a) Duty for Which Pay Authorized.--Subsection (a) of section 305
of title 37, United States Code, is amended by striking out ``on duty
at a location'' and all that follows and inserting in lieu thereof
``performing duty in the United States or outside the United States
that is designated by the Secretary of Defense as hardship duty.''.
(b) Repeal of Exception for Members Receiving Career Sea Pay.--
Subsection (c) of such section is repealed.
(c) Conforming Amendments.--(1) Subsections (b) and (d) of such
section are amended by striking out ``hardship duty location pay'' and
inserting in lieu thereof ``hardship duty pay''.
(2) Subsection (d) of such section is redesignated as subsection
(c).
(3) The heading for such section is amended by striking out
``location''.
(4) Section 907(d) of title 37, United States Code, is amended by
striking out ``duty at a hardship duty location'' and inserting in lieu
thereof ``hardship duty''.
(d) Clerical Amendment.--The item relating to section 305 in the
table of sections at the beginning of chapter 5 of such title is
amended to read as follows:
``305. Special pay: hardship duty pay.''.
SEC. 620A. INCREASED HAZARDOUS DUTY PAY FOR AERIAL FLIGHT CREWMEMBERS
IN PAY GRADES E-4 TO E-9.
(a) Rates.--The table in section 301(b) of title 37, United States
Code, is amended by striking out the items relating to pay grades E-4,
E-5, E-6, E-7, E-8, and E-9, and inserting in lieu thereof the
following:
``E-
9....................................................................
240
E-
8.....................................................................
240
E-
7.....................................................................
240
E-
6.....................................................................
215
E-
5.....................................................................
190
E-
4.....................................................................
165''.
(b) Effective Date.--This section and the amendment made by this
section shall take effect on October 1, 1998, and shall apply with
respect to months beginning on or after that date.
SEC. 620B. DIVING DUTY SPECIAL PAY FOR DIVERS HAVING DIVING DUTY AS A
NONPRIMARY DUTY.
(a) Eligibility for Maintaining Proficiency.--Section 304(a)(3) of
title 37, United States Code, is amended to read as follows:
``(3) either--
``(A) actually performs diving duty while serving
in an assignment for which diving is a primary duty; or
``(B) meets the requirements to maintain
proficiency as described in paragraph (2) while serving
in an assignment that includes diving duty other than
as a primary duty.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 1998, and shall apply with respect to months
beginning on or after that date.
SEC. 620C. RETENTION INCENTIVES INITIATIVE FOR CRITICALLY SHORT
MILITARY OCCUPATIONAL SPECIALTIES.
(a) Requirement for New Incentives.--The Secretary of Defense shall
establish and provide for members of the Armed Forces qualified in
critically short military occupational specialties a series of new
incentives that the Secretary considers potentially effective for
increasing the rates at which those members are retained in the Armed
Forces for service in such specialties.
(b) Critically Short Military Occupational Specialties.--For the
purposes of this section, a military occupational specialty is a
critically short military occupational specialty for an armed force if
the number of members retained in that armed force in fiscal year 1998
for service in that specialty is less than 50 percent of the number of
members of that armed force that were projected to be retained in that
armed force for service in the specialty by the Secretary of the
military department concerned as of October 1, 1997.
(c) Incentives.--It is the sense of Congress that, among the new
incentives established and provided under this section, the Secretary
of Defense should include the following incentives:
(1) Family support and leave allowances.
(2) Increased special reenlistment or retention bonuses.
(3) Repayment of educational loans.
(4) Priority of selection for assignment to preferred
permanent duty station or for extension at permanent duty
station.
(5) Modified leave policies.
(6) Special consideration for Government housing or
additional housing allowances.
(d) Relationship to Other Incentives.--Incentives provided under
this section are in addition to any special pay or other benefit that
is authorized under any other provision of law.
(e) Reports.--(1) Not later than December 1, 1998, the Secretary of
Defense shall submit to the congressional defense committees a report
that identifies, for each of the Armed Forces, the critically short
military occupational specialties to which incentives under this
section are to apply.
(2) Not later than April 15, 1999, the Secretary of Defense shall
submit to the congressional defense committees a report that specifies,
for each of the Armed Forces, the incentives that are to be provided
under this section.
Subtitle C--Travel and Transportation Allowances
SEC. 621. TRAVEL AND TRANSPORTATION FOR REST AND RECUPERATION IN
CONNECTION WITH CONTINGENCY OPERATIONS AND OTHER DUTY.
Section 411c of title 37, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B); and
(B) by inserting ``In General.--(1)'' after
``(a)'';
(2) in subsection (b), by striking out ``(b) The
transportation authorized by this section'' and inserting in
lieu thereof ``(2) The transportation authorized by paragraph
(1)''; and
(3) by adding at the end the following:
``(b) Contingency Operations and Other Special Situations.--(1)
Under uniform regulations prescribed by the Secretaries concerned, a
member of the armed forces serving a tour of duty at a duty station,
and under conditions, described in paragraph (2) may be paid for or
provided transportation to a location described in subsection (a)(1) as
part of a program of rest and recuperation specifically authorized for
members of the armed forces serving under those conditions at that duty
station by the Secretary concerned in advance of the commencement of
the member's travel.
``(2) Paragraph (1) applies to a member of the armed forces serving
at a duty station outside the United States if--
``(A) the member is participating in a contingency
operation at or from that duty station; or
``(B) the payment for or provision of transportation would
be in the best interests of members of the armed forces and the
United States because of unusual conditions at the duty
station, as determined by the Secretary concerned.
``(3) Transportation may not be paid for or provided to a member
under this subsection for travel that begins--
``(A) more than 24 months after the commencement of the
tour of duty for which the transportation is authorized; or
``(B) after the tour of duty ends.
``(4) The transportation authorized by this subsection is limited
to one round-trip during any tour of at least 6, but less than 24,
consecutive months.
``(5) Transportation paid for or provided to a member under this
subsection may not be counted as transportation for which the member is
eligible under subsection (a).''.
SEC. 622. PAYMENT FOR TEMPORARY STORAGE OF BAGGAGE OF DEPENDENT STUDENT
NOT TAKEN ON ANNUAL TRIP TO OVERSEAS DUTY STATION OF
SPONSOR.
Section 430(b) of title 37, United States Code, is amended by
striking out the second sentence and inserting in lieu thereof the
following: ``The allowance authorized by this section may be prescribed
by the Secretaries concerned as transportation in kind or reimbursement
therefor, including an amount for the temporary storage of any baggage
not taken with the child on the annual trip if determined advantageous
to the Government.''.
SEC. 623. COMMERCIAL TRAVEL OF RESERVES AT FEDERAL SUPPLY SCHEDULE
RATES FOR ATTENDANCE AT INACTIVE DUTY TRAINING
ASSEMBLIES.
(a) Authority.--Chapter 1217 of title 10, United States Code is
amended by adding at the end the following:
``Sec. 12603. Commercial travel at Federal supply schedule rates for
attendance at inactive duty training assemblies
``(a) Federal Supply Schedule Travel.--Commercial travel under
Federal supply schedules is authorized for the travel of a Reserve to
the location of inactive duty training to be performed by the Reserve
or from that location upon completion of the training.
``(b) Regulations.--The Secretary of Defense shall prescribe in
regulations the requirements, conditions, and restrictions for travel
under the authority of subsection (a) that the Secretary considers
appropriate. The regulations shall include policies and procedures for
preventing abuses of the travel authority.
``(c) Reimbursement Not Authorized.--A Reserve is not entitled to
Government reimbursement for the cost of travel authorized under
subsection (a).
``(d) Treatment of Transportation as Use by Military Departments.--
For the purposes of section 201(a) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 481(a)), travel
authorized under subsection (a) shall be treated as transportation for
the use of a military department.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``12603. Commercial travel at Federal supply schedule rates for
attendance at inactive duty training
assemblies.''.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
SEC. 631. PAID-UP COVERAGE UNDER SURVIVOR BENEFIT PLAN.
(a) Paid Up at 30 Years of Service and Age 70.--Section 1452 of
title 10, United States Code, is amended by adding at the end the
following new subsection:
``(j) Coverage Paid Up at 30 Years and Attainment of Age 70.--(1)
Coverage of a survivor of a member under the Plan shall be considered
paid up as of the end of the later of--
``(A) the 360th month in which the member's retired pay has
been reduced under this section; or
``(B) the month in which the member attains 70 years of
age.
``(2) The retired pay of a member shall not be reduced under this
section to provide coverage of a survivor under the Plan after the
month when the coverage is considered paid up under paragraph (1).''.
(b) Effective Date.--Section 1452(j) of title 10, United States
Code (as added by subsection (a)), shall take effect on October 1,
2003.
SEC. 632. COURT-REQUIRED SURVIVOR BENEFIT PLAN COVERAGE EFFECTUATED
THROUGH ELECTIONS AND DEEMED ELECTIONS.
(a) Elimination of Disparity in Effective Date Provisions.--Section
1448(b)(3) of title 10, United States Code, is amended--
(1) in subparagraph (C)--
(A) by striking out the second sentence; and
(B) by striking out ``effective date,'' in the
heading; and
(2) by adding at the end the following:
``(E) Effective date.--An election under this
paragraph--
``(i) in the case of a person required (as
described in section 1450(f)(3)(B) of this
title) to make the election, is effective as of
the first day of the first month which begins
after the date of the court order or filing
that requires the election; and
``(ii) in all other cases, is effective as
of the first day of the first calendar month
following the month in which the election is
received by the Secretary concerned.''.
(b) Conformity by Cross Reference.--Section 1450(f)(3)(D) of such
title is amended by striking out ``the first day of the first month
which begins after the date of the court order or filing involved'' and
inserting in lieu thereof ``the day referred to in section
1448(b)(3)(E)(i) of this title''.
SEC. 633. RECOVERY, CARE, AND DISPOSITION OF REMAINS OF MEDICALLY
RETIRED MEMBER WHO DIES DURING HOSPITALIZATION THAT
BEGINS WHILE ON ACTIVE DUTY.
(a) In General.--Section 1481(a)(7) of title 10, United States
Code, is amended to read as follows:
``(7) A person who--
``(A) dies as a retired member of an armed force
under the Secretary's jurisdiction during a continuous
hospitalization of the member as a patient in a United
States hospital that began while the member was on
active duty for a period of more than 30 days; or
``(B) is not covered by subparagraph (A) and, while
in a retired status by reason of eligibility to retire
under chapter 61 of this title, dies during a
continuous hospitalization of the person that began
while the person was on active duty as a Regular of an
armed force, or a member of an armed force without
component, under the Secretary's jurisdiction.''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on the date of the enactment of this Act and applies with
respect to deaths occurring on or after that date.
SEC. 634. SURVIVOR BENEFIT PLAN OPEN ENROLLMENT PERIOD.
(a) Persons Not Currently Participating in Survivor Benefit Plan.--
(1) Election of sbp coverage.--An eligible retired or
former member may elect to participate in the Survivor Benefit
Plan during the open enrollment period specified in subsection
(d).
(2) Election of supplemental annuity coverage.--An eligible
retired or former member who elects under paragraph (1) to
participate in the Survivor Benefit Plan may also elect during
the open enrollment period to participate in the Supplemental
Survivor Benefit Plan.
(3) Eligible retired or former member.--For purposes of
paragraphs (1) and (2), an eligible retired or former member is
a member or former member of the uniformed services who on the
day before the first day of the open enrollment period is not a
participant in the Survivor Benefit Plan and--
(A) is entitled to retired pay; or
(B) would be entitled to retired pay under chapter
1223 of title 10, United States Code (or chapter 67 of
such title as in effect before October 5, 1994), but
for the fact that such member or former member is under
60 years of age.
(4) Status under sbp of persons making elections.--
(A) Standard annuity.--A person making an election
under paragraph (1) by reason of eligibility under
paragraph (3)(A) shall be treated for all purposes as
providing a standard annuity under the Survivor Benefit
Plan.
(B) Reserve-component annuity.--A person making an
election under paragraph (1) by reason of eligibility
under paragraph (3)(B) shall be treated for all
purposes as providing a reserve-component annuity under
the Survivor Benefit Plan.
(b) Manner of Making Elections.--
(1) In general.--An election under this section must be
made in writing, signed by the person making the election, and
received by the Secretary concerned before the end of the open
enrollment period. Except as provided in paragraph (2), any
such election shall be made subject to the same conditions, and
with the same opportunities for designation of beneficiaries
and specification of base amount, that apply under the Survivor
Benefit Plan or the Supplemental Survivor Benefit Plan, as the
case may be. A person making an election under subsection (a)
to provide a reserve-component annuity shall make a designation
described in section 1448(e) of title 10, United States Code.
(2) Election must be voluntary.--An election under this
section is not effective unless the person making the election
declares the election to be voluntary. An election to
participate in the Survivor Benefit Plan under this section may
not be required by any court. An election to participate or not
to participate in the Survivor Benefit Plan is not subject to
the concurrence of a spouse or former spouse of the person.
(c) Effective Date for Elections.--Any such election shall be
effective as of the first day of the first calendar month following the
month in which the election is received by the Secretary concerned.
(d) Open Enrollment Period Defined.--The open enrollment period is
the one-year period beginning on March 1, 1999.
(e) Effect of Death of Person Making Election Within Two Years of
Making Election.--If a person making an election under this section
dies before the end of the two-year period beginning on the effective
date of the election, the election is void and the amount of any
reduction in retired pay of the person that is attributable to the
election shall be paid in a lump sum to the person who would have been
the deceased person's beneficiary under the voided election if the
deceased person had died after the end of such two-year period.
(f) Applicability of Certain Provisions of Law.--The provisions of
sections 1449, 1453, and 1454 of title 10, United States Code, are
applicable to a person making an election, and to an election, under
this section in the same manner as if the election were made under the
Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the
case may be.
(g) Premiums for Open Enrollment Election.--
(1) Premiums to be charged.--The Secretary of Defense shall
prescribe in regulations premiums which a person electing under
this section shall be required to pay for participating in the
Survivor Benefit Plan pursuant to the election. The total
amount of the premiums to be paid by a person under the
regulations shall be equal to the sum of--
(A) the total amount by which the retired pay of
the person would have been reduced before the effective
date of the election if the person had elected to
participate in the Survivor Benefit Plan (for the same
base amount specified in the election) at the first
opportunity that was afforded the member to participate
under chapter 73 of title 10, United States Code;
(B) interest on the amounts by which the retired
pay of the person would have been so reduced, computed
from the dates on which the retired pay would have been
so reduced at such rate or rates and according to such
methodology as the Secretary of Defense determines
reasonable; and
(C) any additional amount that the Secretary
determines necessary to protect the actuarial soundness
of the Department of Defense Military Retirement Fund
against any increased risk for the fund that is
associated with the election.
(2) Premiums to be credited to retirement fund.--Premiums
paid under the regulations shall be credited to the Department
of Defense Military Retirement Fund.
(h) Definitions.--In this section:
(1) The term ``Survivor Benefit Plan'' means the program
established under subchapter II of chapter 73 of title 10,
United States Code.
(2) The term ``Supplemental Survivor Benefit Plan'' means
the program established under subchapter III of chapter 73 of
title 10, United States Code.
(3) The term ``retired pay'' includes retainer pay paid
under section 6330 of title 10, United States Code.
(4) The terms ``uniformed services'' and ``Secretary
concerned'' have the meanings given those terms in section 101
of title 37, United States Code.
(5) The term ``Department of Defense Military Retirement
Fund'' means the Department of Defense Military Retirement Fund
established under section 1461(a) of title 10, United States
Code.
SEC. 635. ELIGIBILITY FOR PAYMENTS OF CERTAIN SURVIVORS OF CAPTURED AND
INTERNED VIETNAMESE OPERATIVES WHO WERE UNMARRIED AND
CHILDLESS AT DEATH.
Section 657(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2585) is amended by adding at
the end the following:
``(3) In the case of a decedent who had not been married at
the time of death--
``(A) to the surviving parents; or
``(B) if there are no surviving parents, to the
surviving siblings by blood of the decedent, in equal
shares.''.
SEC. 636. CLARIFICATION OF RECIPIENT OF PAYMENTS TO PERSONS CAPTURED OR
INTERNED BY NORTH VIETNAM.
Section 657(f)(1) of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2585) is amended by
striking out ``The actual disbursement'' and inserting in lieu thereof
``Notwithstanding any agreement (including a power of attorney) to the
contrary, the actual disbursement''.
SEC. 637. PRESENTATION OF UNITED STATES FLAG TO MEMBERS OF THE ARMED
FORCES.
(a) Army.--(1) Chapter 353 of title 10, United States Code, is
amended by inserting after the table of sections the following:
``Sec. 3681. Presentation of flag upon retirement at end of active duty
service
``(a) Requirement.--The Secretary of the Army shall present a
United States flag to a member of any component of the Army upon the
release of the member from active duty for retirement.
``(b) Multiple Presentations Not Authorized.--A member is not
eligible for a presentation of a flag under subsection (a) if the
member has previously been presented a flag under this section or
section 6141 or 8681 of this title.
``(c) No Cost to Recipient.--The presentation of a flag under his
section shall be at no cost to the recipient.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting before the item relating to section 3684 the
following:
``3681. Presentation of flag upon retirement at end of active duty
service.''.
(b) Navy and Marine Corps.--(1) Chapter 561 of title 10, United
States Code, is amended by inserting after the table of sections the
following:
``Sec. 6141. Presentation of flag upon retirement at end of active duty
service
``(a) Requirement.--The Secretary of the Navy shall present a
United States flag to a member of any component of the Navy or Marine
Corps upon the release of the member from active duty for retirement or
for transfer to the Fleet Reserve or the Fleet Marine Corps Reserve.
``(b) Multiple Presentations Not Authorized.--A member is not
eligible for a presentation of a flag under subsection (a) if the
member has previously been presented a flag under this section or
section 3681 or 8681 of this title.
``(c) No Cost to Recipient.--The presentation of a flag under his
section shall be at no cost to the recipient.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting before the item relating to section 6151 the
following:
``6141. Presentation of flag upon retirement at end of active duty
service.''.
(c) Air Force.--(1) Chapter 853 of title 10, United States Code, is
amended by inserting after the table of sections the following:
``Sec. 8681. Presentation of flag upon retirement at end of active duty
service
``(a) Requirement.--The Secretary of the Air Force shall present a
United States flag to a member of any component of the Air Force upon
the release of the member from active duty for retirement.
``(b) Multiple Presentations Not Authorized.--A member is not
eligible for a presentation of a flag under subsection (a) if the
member has previously been presented a flag under this section or
section 3681 or 6141 of this title.
``(c) No Cost to Recipient.--The presentation of a flag under his
section shall be at no cost to the recipient.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting before the item relating to section 8684 the
following:
``8681. Presentation of flag upon retirement at end of active duty
service.''.
(d) Requirement for Advance Appropriations.--The Secretary of a
military department may present flags under authority provided the
Secretary in section 3681, 6141, or 8681 title 10, United States Code
(as added by this section), only to the extent that funds for such
presentations are appropriated for that purpose in advance.
(e) Effective Date.--Sections 3681, 6141, and 8681 of title 10,
United States Code (as added by this section shall take effect on
October 1, 1998, and shall apply with respect to releases described in
those sections on or after that date.
SEC. 638. ELIMINATION OF BACKLOG OF UNPAID RETIRED PAY.
(a) Requirement.--The Secretary of the Army shall take such actions
as are necessary to eliminate, by December 31, 1998, the backlog of
unpaid retired pay for members and former members of the Army
(including members and former members of the Army Reserve and the Army
National Guard).
(b) Report.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of the Army shall submit to Congress a
report on the backlog of unpaid retired pay. The report shall include
the following:
(1) The actions taken under subsection (a).
(2) The extent of the remaining backlog.
(3) A discussion of any additional actions that are
necessary to ensure that retired pay is paid in a timely
manner.
(c) Funding.--Of the amount authorized to be appropriated under
section 421, $1,700,000 shall be available for carrying out this
section.
Subtitle E--Other Matters
SEC. 641. DEFINITION OF POSSESSIONS OF THE UNITED STATES FOR PAY AND
ALLOWANCES PURPOSES.
Section 101(2) of title 37, United States Code, is amended by
striking out ``the Canal Zone,''.
SEC. 642. FEDERAL EMPLOYEES' COMPENSATION COVERAGE FOR STUDENTS
PARTICIPATING IN CERTAIN OFFICER CANDIDATE PROGRAMS.
(a) Periods of Coverage.--Subsection (a)(2) of section 8140 of
title 5, United States Code, is amended to read as follows:
``(2) during the period of the member's attendance at
training or a practice cruise under chapter 103 of title 10,
beginning when the authorized travel to the training or
practice cruise begins and ending when authorized travel from
the training or practice cruise ends.''.
(b) Line of Duty.--Subsection (b) of such section is amended to
read as follows:
``(b) For the purpose of this section, an injury, disability,
death, or illness of a member referred to in subsection (a) may be
considered as incurred or contracted in line of duty only if the
injury, disability, or death is incurred, or the illness is contracted,
by the member during a period described in that subsection. Subject to
review by the Secretary of Labor, the Secretary of the military
department concerned (under regulations prescribed by that Secretary),
shall determine whether an injury, disability, or death was incurred,
or an illness was contracted, by a member in line of duty.''.
(c) Clarification of Casualties Covered.--Subsection (a) of such
section, as amended by subsection (a) of this section, is further
amended by inserting ``, or an illness contracted,'' after ``death
incurred'' in the matter preceding paragraph (1).
(d) Effective Date and Applicability.--The amendments made by
subsections (a) and (b) shall take effect on the date of the enactment
of this Act and apply with respect to injuries, illnesses,
disabilities, and deaths incurred or contracted on or after that date.
SEC. 643. AUTHORITY TO PROVIDE FINANCIAL ASSISTANCE FOR EDUCATION OF
CERTAIN DEFENSE DEPENDENTS OVERSEAS.
Section 1407(b) of the Defense Dependents' Education Act of 1978
(20 U.S.C. 926(b)) is amended--
(1) by striking out ``(b) Under such circumstances as he
may by regulation prescribe, the Secretary of Defense'' and
inserting in lieu thereof ``(b) Tuition and Assistance When
Schools Unavailable.--(1) Under such circumstances as the
Secretary of Defense may prescribe in regulations, the
Secretary''; and
(2) by adding at the end the following:
``(2)(A) The Secretary of Defense, and the Secretary of
Transportation with respect to the Coast Guard when it is not operating
as a service of the Navy, may provide financial assistance to sponsors
of dependents in overseas areas where schools operated by the Secretary
of Defense under subsection (a) are not reasonably available in order
to assist the sponsors to defray the costs incurred by the sponsors for
the attendance of the dependents at schools in such areas other than
schools operated by the Secretary of Defense.
``(B) The Secretary of Defense and the Secretary of Transportation
shall each prescribe regulations relating to the availability of
financial assistance under subparagraph (A). Such regulations shall, to
the maximum extent practicable, be consistent with Department of State
regulations relating to the availability of financial assistance for
the education of dependents of Department of State personnel
overseas.''.
SEC. 644. VOTING RIGHTS OF MILITARY PERSONNEL.
(a) Guarantee of Residency.--Article VII of the Soldiers' and
Sailors' Civil Relief Act of 1940 (50 U.S.C. App. 590 et seq.) is
amended by adding at the end the following:
``Sec. 704. (a) For purposes of voting for an office of the United
States or of a State, a person who is absent from a State in compliance
with military or naval orders shall not, solely by reason of that
absence--
``(1) be deemed to have lost a residence or domicile in
that State;
``(2) be deemed to have acquired a residence or domicile in
any other State; or
``(3) be deemed to have become resident in or a resident of
any other State.
``(b) In this section, the term `State' includes a territory or
possession of the United States, a political subdivision of a State,
territory, or possession, and the District of Columbia.''.
(b) State Responsibility To Guarantee Military Voting Rights.--(1)
Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff-1) is amended--
(A) by inserting ``(a) Elections for Federal Offices.--''
before ``Each State shall--''; and
(B) by adding at the end the following:
``(b) Elections for State and Local Offices.--Each State shall--
``(1) permit absent uniformed services voters to use
absentee registration procedures and to vote by absentee ballot
in general, special, primary, and runoff elections for State
and local offices; and
``(2) accept and process, with respect to any election
described in paragraph (1), any otherwise valid voter
registration application from an absent uniformed services
voter if the application is received by the appropriate State
election official not less than 30 days before the election.''.
(2) The heading of title I of such Act is amended by striking out
``FOR FEDERAL OFFICE''.
TITLE VII--HEALTH CARE
SEC. 701. DEPENDENTS' DENTAL PROGRAM.
(a) Inflation-Indexed Premium.--(1) Section 1076a(b)(2) of title
10, United States Code, is amended--
(A) by inserting ``(A)'' after ``(2)''; and
(B) by adding at the end the following:
``(B) Effective as of January 1 of each year, the amount of the
premium required under subparagraph (A) shall be increased by the
percent equal to the lesser of--
``(i) the percent by which the rates of basic pay of
members of the uniformed services are increased on such date;
or
``(ii) the sum of one-half percent and the percent computed
under section 5303(a) of title 5 for the increase in rates of
basic pay for statutory pay systems for pay periods beginning
on or after such date.''.
(2) The amendment made by subparagraph (B) of paragraph (1) shall
take effect on January 1, 1999, and shall apply to months after 1998 as
if such subparagraph had been in effect since December 31, 1993.
(b) Offer of Plan Under TRICARE.--(1) Section 1097 of such title is
amended by adding at the end the following:
``(f) Dependents' Dental Plan.--A basic dental benefits plan
established for eligible dependents under section 1076a of this title
may be offered under the TRICARE program.''.
(2) Subsection (e) of such section is amended by adding at the end
the following: ``Charges for a basic dental benefits plan offered under
the TRICARE program pursuant to subsection (f) shall be those provided
for under section 1076a of this title.''.
SEC. 702. EXTENSION OF AUTHORITY FOR USE OF PERSONAL SERVICES CONTRACTS
FOR PROVISION OF HEALTH CARE AT MILITARY ENTRANCE
PROCESSING STATIONS AND ELSEWHERE OUTSIDE MEDICAL
TREATMENT FACILITIES.
Section 1091(a)(2) of title 10, United States Code, is amended in
the second sentence by striking out ``the end of the one-year period
beginning on the date of the enactment of this paragraph'' and
inserting in lieu thereof ``June 30, 1999''.
SEC. 703. TRICARE PRIME AUTOMATIC ENROLLMENTS AND RETIREE PAYMENT
OPTIONS.
(a) Procedures.--(1) Chapter 55 of title 10, United States Code, is
amended by inserting after section 1097 the following new section:
``Sec. 1097a. TRICARE Prime: automatic enrollments; payment options
``(a) Automatic Enrollment of Certain Dependents.--Each dependent
of a member of the uniformed services in grade E4 or below who is
entitled to medical and dental care under section 1076(a)(2)(A) of this
title and resides in the catchment area of a facility of a uniformed
service offering TRICARE Prime shall be automatically enrolled in
TRICARE Prime at the facility. The Secretary concerned shall provide
written notice of the enrollment to the member. The enrollment of a
dependent of the member may be terminated by the member or the
dependent at any time.
``(b) Automatic Renewal of Enrollments of Covered Beneficiaries.--
(1) An enrollment of a covered beneficiary in TRICARE Prime shall be
automatically renewed upon the expiration of the enrollment unless the
renewal is declined.
``(2) Not later than 15 days before the expiration date for an
enrollment of a covered beneficiary in TRICARE Prime, the Secretary
concerned shall--
``(A) transmit a written notification of the pending
expiration and renewal of enrollment to the covered beneficiary
or, in the case of a dependent of a member of the uniformed
services, to the member; and
``(B) afford the beneficiary or member, as the case may be,
an opportunity to decline the renewal of enrollment.
``(c) Payment Options for Retirees.--A member or former member of
the uniformed services eligible for medical care and dental care under
section 1074(b) of this title may elect to have any fee payable by the
member or former member for an enrollment in TRICARE Prime withheld
from the member's retired pay, retainer pay, or equivalent pay, as the
case may be, or to be paid from a financial institution through
electronic transfers of funds. The fee shall be paid in accordance with
the election.
``(d) Regulations.--The administering Secretaries shall prescribe
regulations, including procedures, for carrying out this section.
``(e) Definitions.--In this section:
``(1) The term `TRICARE Prime' means the managed care
option of the TRICARE program.
``(2) The term `catchment area', with respect to a facility
of a uniformed service, means the service area of the facility,
as designated under regulations prescribed by the administering
Secretaries.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1097 the
following new item:
1097a. TRICARE Prime: automatic enrollments; payment options.''.
(b) Deadline for Implementation.--The regulations required under
subsection (d) of section 1097a of title 10, United States Code (as
added by subsection (a)), shall be prescribed to take effect not later
than January 1, 1999. The section shall be applied under TRICARE Prime
on and after the date on which the regulations take effect.
SEC. 704. LIMITED CONTINUED CHAMPUS COVERAGE FOR PERSONS UNAWARE OF A
LOSS OF CHAMPUS COVERAGE RESULTING FROM ELIGIBILITY FOR
MEDICARE.
(a) Continuation of Eligibility.--The eligibility of a person
described in subsection (b) for care under CHAMPUS may be continued
under regulations prescribed by the administering Secretaries if it is
determined under the regulations that the continuation of the
eligibility is appropriate in order to ensure that the person has
adequate access to health care.
(b) Eligible Persons.--Subsection (a) applies to a person who--
(1) has been eligible for health care under CHAMPUS;
(2) loses eligibility for health care under CHAMPUS solely
by reason of paragraph (1) of section 1086(d), United States
Code;
(3) is unaware of the loss of eligibility; and
(4) satisfies the conditions set forth in subparagraphs (A)
and (B) of paragraph (2) of such section 1086(d) at the time
health care is provided under CHAMPUS pursuant to a
continuation of eligibility in accordance with this section.
(c) Period of Continued Eligibility.--A continuation of eligibility
under this section shall apply with regard to health care provided on
or after October 1, 1998, and before July 1, 1999.
(d) Definitions.--In this section:
(1) The term ``administering Secretaries'' has the meaning
given such term in paragraph (3) of section 1072 of title 10,
United States Code.
(2) The term ``CHAMPUS'' means the Civilian Health and
Medical Program of the Uniformed Services, as defined in
paragraph (4) of such section.
SEC. 705. ENHANCED DEPARTMENT OF DEFENSE ORGAN AND TISSUE DONOR
PROGRAM.
(a) Findings.--Congress makes the following findings:
(1) Organ and tissue transplantation is one of the most
remarkable medical success stories in the history of medicine.
(2) Each year, the number of people waiting for organ or
tissue transplantation increases. It is estimated that there
are approximately 39,000 patients, ranging in age from babies
to those in retirement, awaiting transplants of kidneys,
hearts, livers, and other solid organs.
(3) The Department of Defense has made significant progress
in increasing the awareness of the importance of organ and
tissue donations among members of the Armed Forces.
(4) The inclusion of organ and tissue donor elections in
the Defense Enrollment Eligibility Reporting System (DEERS)
central database through the Real-time Automated Personnel
Identification System (RAPIDS) represents a major step in
ensuring that organ and tissue donor elections are a matter of
record and are accessible in a timely manner.
(b) Responsibilities of the Secretary of Defense.--The Secretary of
Defense shall ensure that the advanced systems developed for recording
Armed Forces members' personal data and information (such as the
SMARTCARD, MEDITAG, and Personal Information Carrier) include the
capability to record organ and tissue donation elections.
(c) Responsibilities of the Secretaries of the Military
Departments.--The Secretaries of the military departments shall ensure
that--
(1) appropriate information about organ and tissue donation
is provided to each recruit and officer candidate of the Armed
Forces during initial training;
(2) members of the Armed Forces are given recurring,
specific opportunities to elect to be organ or tissue donors
during service in the Armed Forces and upon retirement; and
(3) members of the Armed Forces electing to be organ or
tissue donors are encouraged to advise their next of kin
concerning the donation decision and any subsequent change of
that decision.
(d) Responsibilities of the Surgeons General of the Military
Department.--The Surgeons General of the Armed Forces shall ensure
that--
(1) appropriate training is provided to enlisted and
officer medical personnel to facilitate the effective operation
of organ and tissue donation activities under garrison
conditions and, to the extent possible, under operational
conditions; and
(2) medical logistical activities can, to the extent
possible without jeopardizing operational requirements, support
an effective organ and tissue donation program.
(e) Report.--Not later than September 1, 1999, the Secretary of
Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representatives
a report on the status of the implementation of this section.
SEC. 706. JOINT DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS
AFFAIRS REVIEWS RELATING TO INTERDEPARTMENTAL COOPERATION
IN THE DELIVERY OF MEDICAL CARE.
(a) Findings.--Congress makes the following findings:
(1) The military health care system of the Department of
Defense and the Veterans Health Administration of the
Department of Veterans Affairs are national institutions that
collectively manage more than 1,500 hospitals, clinics, and
health care facilities worldwide to provide services to more
than 11,000,000 beneficiaries.
(2) In the post-Cold War era, these institutions are in a
profound transition that involves challenging opportunities.
(3) During the period from 1988 to 1998, the number of
military medical personnel has declined by 15 percent and the
number of military hospitals has been reduced by one-third.
(4) During the two years since 1996, the Department of
Veterans Affairs has revitalized its structure by
decentralizing authority into 22 Veterans Integrated Service
Networks.
(5) In the face of increasing costs of medical care,
increased demands for health care services, and increasing
budgetary constraints, the Department of Defense and the
Department of Veterans Affairs have embarked on a variety of
dynamic and innovative cooperative programs ranging from shared
services to joint venture operations of medical facilities.
(6) In 1984, there was a combined total of 102 Department
of Veterans Affairs and Department of Defense facilities with
sharing agreements. By 1997, that number had grown to 420.
During the six years from fiscal year 1992 through fiscal year
1997, shared services increased from slightly over 3,000
services to more than 6,000 services ranging from major medical
and surgical services, laundry, blood, and laboratory services
to unusual speciality care services.
(7) The Department of Defense and the Department of
Veterans Affairs are conducting four health care joint ventures
in New Mexico, Nevada, Texas, Oklahoma, and are planning to
conduct four more such ventures in Alaska, Florida, Hawaii, and
California.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense and the Department of
Veterans Affairs are to be commended for the cooperation
between the two departments in the delivery of medical care, of
which the cooperation involved in the establishment and
operation of the Department of Defense and the Department of
Veterans Affairs Executive Council is a praiseworthy example;
(2) the two departments are encouraged to continue to
explore new opportunities to enhance the availability and
delivery of medical care to beneficiaries by further enhancing
the cooperative efforts of the departments; and
(3) enhanced cooperation is encouraged for--
(A) the general areas of access to quality medical
care, identification and elimination of impediments to
enhanced cooperation, and joint research and program
development; and
(B) the specific areas in which there is
significant potential to achieve progress in
cooperation in a short term, including computerization
of patient records systems, participation of the
Department of Veterans Affairs in the TRICARE program,
pharmaceutical programs, and joint physical
examinations.
(c) Joint Survey of Populations Served.--(1) The Secretary of
Defense and the Secretary of Veterans Affairs shall jointly conduct a
survey of their respective medical care beneficiary populations to
identify, by category of beneficiary (defined as the Secretaries
consider appropriate), the expectations of, requirements for, and
behavior patterns of the beneficiaries with respect to medical care.
The two Secretaries shall develop the protocol for the survey jointly,
but shall obtain the services of an entity independent of the
Department of Defense and the Department of Veterans Affairs for
carrying out the survey.
(2) The survey shall include the following:
(A) Demographic characteristics, economic characteristics,
and geographic location of beneficiary populations with regard
to catchment or service areas.
(B) The types and frequency of care required by veterans,
retirees, and dependents within catchment or service areas of
Department of Defense and Veterans Affairs medical facilities
and outside those areas.
(C) The numbers of, characteristics of, and types of
medical care needed by the veterans, retirees, and dependents
who, though eligible for medical care in Department of Defense
or Department of Veterans Affairs treatment facilities or other
federally funded medical programs, choose not to seek medical
care from those facilities or under those programs, and the
reasons for that choice.
(D) The obstacles or disincentives for seeking medical care
from such facilities or under such programs that veterans,
retirees, and dependents perceive.
(E) Any other matters that the Secretary of Defense and the
Secretary of Veterans Affairs consider appropriate for the
survey.
(3) The Secretary of Defense and the Secretary of Veterans Affairs
shall submit a report on the results of the survey to the appropriate
committees of Congress. The report shall contain the matters described
in paragraph (2) and any proposals for legislation that the Secretaries
recommend for enhancing Department of Defense and Department of
Veterans Affairs cooperative efforts with respect to the delivery of
medical care.
(d) Review of Law and Policies.--(1) The Secretary of Defense and
the Secretary of Veterans Affairs shall jointly conduct a review to
identify impediments to cooperation between the Department of Defense
and the Department of Veterans Affairs regarding the delivery of
medical care. The matters reviewed shall include the following:
(A) All laws, policies, and regulations, and any attitudes
of beneficiaries of the health care systems of the two
departments, that have the effect of preventing the
establishment, or limiting the effectiveness, of cooperative
health care programs of the departments.
(B) The requirements and practices involved in the
credentialling and licensure of health care providers.
(C) The perceptions of beneficiaries in a variety of
categories (defined as the Secretaries consider appropriate)
regarding the various Federal health care systems available for
their use.
(2) The Secretaries shall jointly submit a report on the results of
the review to the appropriate committees of Congress. The report shall
include any proposals for legislation that the Secretaries recommend
for eliminating or reducing impediments to interdepartmental
cooperation that are identified during the review.
(e) Participation in TRICARE.--(1) The Secretary of Defense shall
review the TRICARE program to identify opportunities for increased
participation by the Department of Veterans Affairs in that program.
The ongoing collaboration between Department of Defense officials and
Department of Veterans Affairs officials regarding increasing the
participation shall be included among the matters reviewed.
(2) The Secretary of Defense and the Secretary of Veterans Affairs
shall jointly submit to the appropriate committees of Congress a
semiannual report on the status of the review and on efforts to
increase the participation of the Department of Veterans Affairs in the
TRICARE program. No report is required under this paragraph after the
submission of a semiannual report in which the Secretaries declare that
the Department of Veterans Affairs is participating in the TRICARE
program to the extent that can reasonably be expected to be attained.
(f) Pharmaceutical Benefits and Programs.--(1) The Federal
Pharmaceutical Steering Committee shall--
(A) undertake a comprehensive examination of existing
pharmaceutical benefits and programs for beneficiaries of
Federal medical care programs, including matters relating to
the purchasing, distribution, and dispensing of pharmaceuticals
and the management of mail order pharmaceuticals programs; and
(B) review the existing methods for contracting for and
distributing medical supplies and services.
(2) The committee shall submit a report on the results of the
examination to the appropriate committees of Congress.
(g) Standardization of Physical Examinations for Disability.--The
Secretary of Defense and the Secretary of Veterans Affairs shall submit
to the appropriate committees of Congress a report on the status of the
efforts of the Department of Defense and the Department of Veterans
Affairs to standardize physical examinations administered by the two
departments for the purpose of determining or rating disabilities.
(h) Appropriate Committees of Congress Defined.--For the purposes
of this section, the appropriate committees of Congress are as follows:
(1) The Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate.
(2) The Committee on National Security and the Committee on
Veterans' Affairs of the House of Representatives.
(i) Deadlines for Submission of Reports.--(1) The report required
by subsection (c)(3) shall be submitted not later than January 1, 2000.
(2) The report required by subsection (d)(2) shall be submitted not
later than March 1, 1999.
(3) The semiannual report required by subsection (e)(2) shall be
submitted not later than March 1 and September 1 of each year.
(4) The report on the examination required under subsection (f)
shall be submitted not later than 60 days after the completion of the
examination.
(5) The report required by subsection (g) shall be submitted not
later than March 1, 1999.
SEC. 707. DEMONSTRATION PROJECTS TO PROVIDE HEALTH CARE TO CERTAIN
MEDICARE-ELIGIBLE BENEFICIARIES OF THE MILITARY HEALTH
CARE SYSTEM.
(a) In General.--(1) The Secretary of Defense shall, after
consultation with the other administering Secretaries, carry out three
demonstration projects (described in subsections (d), (e), and (f)) in
order to assess the feasibility and advisability of providing certain
medical care coverage to the medicare-eligible individuals described in
subsection (b).
(2) The Secretary shall commence the demonstration projects not
later than January 1, 2000, and shall terminate the demonstration
projects not later than December 31, 2003.
(3) The aggregate costs incurred by the Secretary under the
demonstration projects in any year may not exceed $60,000,000.
(b) Eligible Individuals.--An individual eligible to participate in
a demonstration project under subsection (a) is a member or former
member of the uniformed services described in section 1074(b) of title
10, United States Code, a dependent of the member described in section
1076(a)(2)(B) or 1076(b) of that title, or a dependent of a member of
the uniformed services who died while on active duty for a period of
more than 30 days, who--
(1) is 65 years of age or older;
(2) is entitled to hospital insurance benefits under part A
of title XVIII of the Social Security Act (42 U.S.C. 1395c et
seq.);
(3) is enrolled in the supplemental medical insurance
program under part B of such title XVIII (42 U.S.C. 1395j et
seq.); and
(4) resides in an area of the demonstration project
selected by the Secretary under subsection (c).
(c) Areas of Demonstration Projects.--(1) Subject to paragraph (3),
the Secretary shall carry out each demonstration project under this
section in two separate areas selected by the Secretary.
(2) Of the two areas selected for each demonstration project--
(A) one shall be an area outside the catchment area of a
military medical treatment facility in which--
(i) no eligible organization has a contract in
effect under section 1876 of the Social Security Act
(42 U.S.C. 1395mm) and no Medicare+Choice organization
has a contract in effect under part C of title XVIII of
that Act (42 U.S.C. 1395w-21); or
(ii) the aggregate number of enrollees with an
eligible organization with a contract in effect under
section 1876 of that Act or with a Medicare+Choice
organization with a contract in effect under part C of
title XVIII of that Act is less than 2.5 percent of the
total number of individuals in the area who are
entitled to hospital insurance benefits under part A of
title XVIII of that Act; and
(B) one shall be an area outside the catchment area of a
military medical treatment facility in which--
(i) at least one eligible organization has a
contract in effect under section 1876 of that Act or
one Medicare+Choice organization has a contract in
effect under part C of title XVIII of that Act; and
(ii) the aggregate number of enrollees with an
eligible organization with a contract in effect under
section 1876 of that Act or with a Medicare+Choice
organization with a contract in effect under part C of
title XVIII of that Act exceeds 10 percent of the total
number of individuals in the area who are entitled to
hospital insurance benefits under part A of title XVIII
of that Act.
(3) The Secretary may not carry out a demonstration project under
this section in any area in which the Secretary is carrying out any
other medical care demonstration project unless the Secretary
determines that the conduct of such other medical care demonstration
project will not interfere with the conduct or evaluation of the
demonstration project under this section.
(d) FEHBP as Supplement to Medicare Demonstration.--(1)(A) Under
one of the demonstration projects under this section, the Secretary
shall permit eligible individuals described in subsection (b) who
reside in the areas of the demonstration project selected under
subsection (c) to enroll in the health benefits plans offered through
the Federal Employees Health Benefits program under chapter 89 of title
5, United States Code.
(B) The Secretary shall carry out the demonstration project under
this subsection under an agreement with the Office of Personnel
Management.
(2)(A) An eligible individual described in paragraph (1) shall not
be required to satisfy any eligibility criteria specified in chapter 89
of title 5, United States Code, as a condition for enrollment in the
health benefits plans offered through the Federal Employee Health
Benefits program under the demonstration project under this subsection.
(B) Each eligible individual who enrolls in a health benefits plan
under the demonstration project shall be required to remain enrolled in
the supplemental medical insurance program under part B of title XVIII
of the Social Security Act while participating in the demonstration
project.
(3)(A) The authority responsible for approving retired or retainer
pay or equivalent pay in the case of a member or former member shall
manage the participation of the members or former members who enroll in
health benefits plans offered through the Federal Employee Health
Benefits program pursuant to paragraph (1).
(B) Such authority shall distribute program information to eligible
individuals, process enrollment applications, forward all required
contributions to the Employees Health Benefits Fund established under
section 8909 of title 5, United States Code, in a timely manner, assist
in the reconciliation of enrollment records with health plans, and
prepare such reports as the Office of Personnel Management may require
in its administration of chapter 89 of such title.
(4)(A) The Office of Personnel Management shall require health
benefits plans under chapter 89 of title 5, United States Code, that
participate in the demonstration project to maintain a separate risk
pool for purposes of establishing premium rates for eligible
individuals who enroll in such plans in accordance with this
subsection.
(B) The Office shall determine total subscription charges for self
only or for family coverage for eligible individuals who enroll in a
health benefits plan under chapter 89 of such title in accordance with
this subsection, which shall include premium charges paid to the plan
and amounts described in section 8906(c) of title 5, United States
Code, for administrative expenses and contingency reserves.
(5) The Secretary shall be responsible for the Government
contribution for an eligible individual who enrolls in a health
benefits plan under chapter 89 of title 5, United States Code, in
accordance with this subsection, except that the amount of the
contribution may not exceed the amount of the Government contribution
which would be payable if such individual were an employee enrolled in
the same health benefits plan and level of benefits.
(6) The cancellation by a eligible individual of coverage under the
Federal Employee Health Benefits program shall be irrevocable during
the term of the demonstration project under this subsection.
(e) TRICARE as Supplement to Medicare Demonstration.--(1) Under one
of the demonstration projects under this section, the Secretary shall
permit eligible individuals described in subsection (b) who reside in
each area of the demonstration project selected under subsection (c) to
enroll in the TRICARE program. The demonstration project under this
subsection shall be known as the ``TRICARE Senior Supplement''.
(2) Payment for care and services received by eligible individuals
who enroll in the TRICARE program under the demonstration project shall
be made as follows:
(A) First, under title XVIII of the Social Security Act,
but only the extent that payment for such care and services is
provided for under that title.
(B) Second, under the TRICARE program, but only to the
extent that payment for such care and services is provided
under that program and is not provided for under subparagraph
(A).
(C) Third, by the eligible individual concerned, but only
to the extent that payment for such care and services is not
provided for under subparagraphs (B) and (C).
(3)(A) The Secretary shall require each eligible individual who
enrolls in the TRICARE program under the demonstration project to pay
an enrollment fee. The Secretary may provide for payment of the
enrollment fee on a periodic basis.
(B) The amount of the enrollment fee of an eligible individual
under subparagraph (A) in any year may not exceed an amount equal to 75
percent of the total subscription charges in that year for self-only or
family, fee-for-service coverage under the health benefits plan under
the Federal Employees Health Benefits program under chapter 89 of title
5, United States Code, that is most similar in coverage to the TRICARE
program.
(f) TRICARE Mail Order Pharmacy Benefit Supplement to Medicare
Demonstration.--(1) Under one of the demonstration projects under this
section, the Secretary shall permit eligible individuals described in
subsection (b) who reside in each area of the demonstration project
selected under subsection (c) to participate in the mail order pharmacy
benefit available under the TRICARE program.
(2) The Secretary may collect from eligible individuals who
participate in the mail order pharmacy benefit under the demonstration
project any premiums, deductibles, copayments, or other charges that
the Secretary would otherwise collect from individuals similar to such
eligible individuals for participation in the benefit.
(g) Independent Evaluation.--(1) The Secretary shall provide for an
evaluation of the demonstration projects conducted under this section
by an appropriate person or entity that is independent of the
Department of Defense.
(2) The evaluation shall include the following:
(A) An analysis of the costs of each demonstration project
to the United States and to the eligible individuals who enroll
or participate in such demonstration project.
(B) An assessment of the extent to which each demonstration
project satisfied the requirements of such eligible individuals
for the health care services available under such demonstration
project.
(C) An assessment of the effect, if any, of each
demonstration project on military medical readiness.
(D) A description of the rate of the enrollment or
participation in each demonstration project of the individuals
who were eligible to enroll or participate in such
demonstration project.
(E) An assessment of which demonstration project provides
the most suitable model for a program to provide adequate
health care services to the population of individuals
consisting of the eligible individuals.
(F) An evaluation of any other matters that the Secretary
considers appropriate.
(3) The Comptroller General shall review the evaluation conducted
under paragraph (1). In carrying out the review, the Comptroller
General shall--
(A) assess the validity of the processes used in the
evaluation; and
(B) assess the validity of any findings under the
evaluation.
(4)(A) The Secretary shall submit a report on the results of the
evaluation under paragraph (1), together with the evaluation, to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives not later than December 31,
2003.
(B) The Comptroller General shall submit a report on the results of
the review under paragraph (3) to the committees referred to in
subparagraph (A) not later than February 15, 2004.
(h) Additional Requirements Relating to FEHBP Demonstration
Project.--(1) Notwithstanding subsection (a)(2), the Secretary shall
commence the demonstration project under subsection (d) on July 1,
1999.
(2) Notwithstanding subsection (c), the Secretary shall carry out
the demonstration project under subsection (d) in four separate areas,
of which--
(A) two shall meet the requirements of subsection
(c)(1)(A); and
(B) two others shall meet the requirements of subsection
(c)(1)(B).
(3)(A) Notwithstanding subsection (f), the Secretary shall provide
for an annual evaluation of the demonstration project under subsection
(d) that meets the requirements of subsection (f)(2).
(B) The Comptroller shall review each evaluation provided for under
subparagraph (A).
(C) Not later than September 15 in each of 2000 through 2004, the
Secretary shall submit a report on the results of the evaluation under
subparagraph (A) during such year, together with the evaluation, to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives.
(D) Not later than December 31 in each of 2000 through 2004, the
Comptroller General shall submit a report on the results of the review
under subparagraph (B) during such year to the committees referred to
in subparagraph (C).
(i) Definitions.--In this section:
(1) The term ``administering Secretaries'' has the meaning
given that term in section 1072(3) of title 10, United States
Code.
(2) The term ``TRICARE program'' has the meaning given that
term in section 1072(7) of title 10, United States Code.
(j) Competition for Services.--The program under this section will
allow retail to compete for services in delivery of pharmacy benefits
without increasing costs to the Government or the beneficiaries.
SEC. 708. PROFESSIONAL QUALIFICATIONS OF PHYSICIANS PROVIDING MILITARY
HEALTH CARE.
(a) Requirement for Unrestricted License.--Section 1094(a)(1) of
title 10, United States Code, is amended by adding at the end the
following: ``In the case of a physician, the physician may not provide
health care as a physician under this chapter unless the current
license is an unrestricted license that is not subject to limitation on
the scope of practice ordinarily granted to other physicians for a
similar specialty by the jurisdiction that granted the license.''.
(b) Satisfaction of Continuing Medical Education Requirements.--(1)
Chapter 55 of title 10, United States Code, is amended by inserting
after section 1094 the following new section:
``Sec. 1094a. Continuing medical education requirements: system for
monitoring physician compliance
``The Secretary of Defense shall establish a mechanism for ensuring
that each person under the jurisdiction of the Secretary of a military
department who provides health care under this chapter as a physician
satisfies the continuing medical education requirements applicable to
the physician.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1094a. Continuing medical education requirements: system for
monitoring physician compliance.''.
(c) Effective Dates.--(1) The amendment made by subsection (a)
shall take effect on October 1, 1998.
(2) The system required by section 1094a of title 10, United States
Code (as added by subsection (b)), shall take effect on the date that
is three years after the date of the enactment of this Act.
SEC. 709. ASSESSMENT OF ESTABLISHMENT OF INDEPENDENT ENTITY TO EVALUATE
POST-CONFLICT ILLNESSES AMONG MEMBERS OF THE ARMED FORCES
AND HEALTH CARE PROVIDED BY THE DEPARTMENT OF DEFENSE AND
DEPARTMENT OF VETERANS AFFAIRS BEFORE AND AFTER
DEPLOYMENT OF SUCH MEMBERS.
(a) Agreement for Assessment.--The Secretary of Defense shall seek
to enter into an agreement with the National Academy of Sciences, or
other appropriate independent organization, under which agreement the
Academy shall carry out the assessment referred to in subsection (b).
(b) Assessment.--(1) Under the agreement, the Academy shall assess
the need for and feasibility of establishing an independent entity to--
(A) evaluate and monitor interagency coordination on issues
relating to the post-deployment health concerns of members of
the Armed Forces, including coordination relating to outreach
and risk communication, recordkeeping, research, utilization of
new technologies, international cooperation and research,
health surveillance, and other health-related activities;
(B) evaluate the health care (including preventive care and
responsive care) provided to members of the Armed Forces both
before and after their deployment on military operations;
(C) monitor and direct government efforts to evaluate the
health of members of the Armed Forces upon their return from
deployment on military operations for purposes of ensuring the
rapid identification of any trends in diseases or injuries
among such members as a result of such operations;
(D) provide and direct the provision of ongoing training of
health care personnel of the Department of Defense and the
Department of Veterans Affairs in the evaluation and treatment
of post-deployment diseases and health conditions, including
nonspecific and unexplained illnesses; and
(E) make recommendations to the Department of Defense and
the Department of Veterans Affairs regarding improvements in
the provision of health care referred to in subparagraph (B),
including improvements in the monitoring and treatment of
members referred to in that subparagraph.
(2) The assessment shall cover the health care provided by the
Department of Defense and, where applicable, by the Department of
Veterans Affairs.
(c) Report.--(1) The agreement shall require the Academy to submit
to the committees referred to in paragraph (3) a report on the results
of the assessment under this section not later than one year after the
date of enactment of this Act.
(2) The report shall include the following:
(A) The recommendation of the Academy as to the need for
and feasibility of establishing an independent entity as
described in subsection (b) and a justification of such
recommendation.
(B) If the Academy recommends that an entity be
established, the recommendations of the Academy as to--
(i) the organizational placement of the entity;
(ii) the personnel and other resources to be
allocated to the entity;
(iii) the scope and nature of the activities and
responsibilities of the entity; and
(iv) mechanisms for ensuring that any
recommendations of the entity are carried out by the
Department of Defense and the Department of Veterans
Affairs.
(3) The report shall be submitted to the following:
(A) The Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate.
(B) The Committee on National Security and the Committee on
Veterans' Affairs of the House of Representatives.
SEC. 710. LYME DISEASE.
Of the amounts authorized to be appropriated by this Act for
Defense Health Programs, $3,000,000 shall be available for research and
surveillance activities relating to Lyme disease and other tick-borne
diseases.
SEC. 711. ACCESSIBILITY TO CARE UNDER TRICARE.
(a) Rehabilitative Services for Head Injuries.--The Secretary of
Defense shall revise the TRICARE policy manual to clarify that
rehabilitative services are available to a patient for a head injury
when the treating physician certifies that such services would be
beneficial for the patient and there is potential for the patient to
recover from the injury.
(b) Review of Adequacy of Provider Network.--The Secretary of
Defense shall review the administration of the TRICARE Prime health
plans to determine whether, for the region covered by each such plan,
there is a sufficient number, distribution, and variety of qualified
participating health care providers to ensure that all covered health
care services, including specialty services, are available and
accessible in a timely manner to all persons covered by the plan. If
the Secretary determines during the review that, in the region, there
is an inadequate network of providers to provide the covered benefits
in proximity to the permanent duty stations of covered members of the
uniformed services in the region, or in proximity to the residences of
other persons covered by the plan in the region, the Secretary shall
take such actions as are necessary to ensure that the TRICARE Prime
plan network of providers in the region is adequate to provide for all
covered benefits to be available and accessible in a timely manner to
all persons covered by the plan.
SEC. 712. HEALTH BENEFITS FOR ABUSED DEPENDENTS OF MEMBERS OF THE ARMED
FORCES.
Paragraph (1) of section 1076(e) of title 10, United States Code,
is amended to read as follows:
``(1) The administering Secretary shall furnish an abused
dependent of a former member of a uniformed service described
in paragraph (4), during that period that the abused dependent
is in receipt of transitional compensation under section 1059
of this title, with medical and dental care, including mental
health services, in facilities of the uniformed services in
accordance with the same eligibility and benefits as were
applicable for that abused dependent during the period of
active service of the former member.''.
SEC. 713. PROCESS FOR WAIVING INFORMED CONSENT REQUIREMENT FOR
ADMINISTRATION OF CERTAIN DRUGS TO MEMBERS OF ARMED
FORCES.
(a) Limitation and Waiver.--(1) Section 1107 of title 10, United
States Code, is amended--
(A) by redesignating subsection (f) as subsection (g); and
(B) by inserting after subsection (e) the following new
subsection (f):
``(f) Limitation and Waiver.--(1) An investigational new drug or a
drug unapproved for its applied use may not be administered to a member
of the armed forces pursuant to a request or requirement referred to in
subsection (a) unless--
``(A) the member provides prior consent to receive the drug
in accordance with the requirements imposed under the
regulations required under paragraph (4) of section 505(i) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)); or
``(B) the Secretary obtains--
``(i) under such section a waiver of such
requirements; and
``(ii) a written statement that the President
concurs in the determination of the Secretary required
under paragraph (2) and with the Secretary's request
for the waiver.
``(2) The Secretary of Defense may request a waiver referred to in
paragraph (1)(B) in the case of any request or requirement to
administer a drug under this section if the Secretary determines that
obtaining consent is not feasible, is contrary to the best interests of
the members involved, or is not in the best interests of national
security. Only the Secretary may exercise the authority to make the
request for the Department of Defense, and the Secretary may not
delegate that authority.
``(3) The Secretary shall submit to the chairman and ranking
minority member of each congressional defense committee a notification
of each waiver granted pursuant to a request of the Secretary under
paragraph (2), together with the concurrence of the President under
paragraph (1)(B) that relates to the waiver and the justification for
the request or requirement under subsection (a) for a member to receive
the drug covered by the waiver.
``(4) In this subsection, the term `congressional defense
committee' means each of the following:
``(A) The Committee on Armed Services and the Committee on
Appropriations of the Senate.
``(B) The Committee on National Security and the Committee
on Appropriations of the House of Representatives.''.
(2) The requirements for a concurrence of the President and a
notification of committees of Congress that are set forth in section
1107(f) of title 10, United States Code (as added by paragraph (1)(B))
shall apply with respect to--
(A) each waiver of the requirement for prior consent
imposed under the regulations required under paragraph (4) of
section 505(i) of the Federal Food, Drug, and Cosmetic Act (or
under any antecedent provision of law or regulations) that--
(i) has been granted under that section (or
antecedent provision of law or regulations) before the
date of the enactment of this Act; and
(ii) is applied after that date; and
(B) each waiver of such requirement that is granted on or
after that date.
(b) Time and Form of Notice.--(1) Subsection (b) of such section is
amended by striking out ``, if practicable'' and all that follows
through ``first administered to the member''.
(2) Subsection (c) of such section is amended by striking out
``unless the Secretary of Defense determines'' and all that follows
through ``alternative method''.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
SEC. 801. PARA-ARAMID FIBERS AND YARNS.
(a) Authorized Sources.--Chapter 141 of title 10, United States
Code is amended by adding at the end the following:
``Sec. 2410n. Foreign manufactured para-aramid fibers and yarns:
procurement
``(a) Authority.--The Secretary of Defense may procure articles
containing para-aramid fibers and yarns manufactured in a foreign
country referred to in subsection (b).
``(b) Foreign Countries Covered.--The authority under subsection
(a) applies with respect to a foreign country that--
``(1) is a party to a defense memorandum of understanding
entered into under section 2531 of this title; and
``(2) permits United States firms that manufacture para-
aramid fibers and yarns to compete with foreign firms for the
sale of para-aramid fibers and yarns in that country, as
determined by the Secretary of Defense.
``(c) Applicability to Subcontracts.--The authority under
subsection (a) applies with respect to subcontracts under Department of
Defense contracts as well as to such contracts.
``(d) Definitions.--In this section, the terms `United States firm'
and `foreign firm' have the meanings given such terms in section
2532(d) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``2410n. Foreign manufactured para-aramid fibers and yarns:
procurement.''.
SEC. 802. PROCUREMENT OF TRAVEL SERVICES FOR OFFICIAL AND UNOFFICIAL
TRAVEL UNDER ONE CONTRACT.
(a) Authority.--Chapter 147 of title 10, United States Code, is
amended by inserting after section 2490a the following new section:
``Sec. 2490b. Travel services: procurement for official and unofficial
travel under one contract
``(a) Authority.--The head of an agency may enter into a contract
for travel-related services that provides for the contractor to furnish
services for both official travel and unofficial travel.
``(b) Credits, Discounts, Commissions, Fees.--(1) A contract
entered into under this section may provide for credits, discounts, or
commissions or other fees to accrue to the Department of Defense. The
accrual and amounts of credits, discounts, or commissions or other fees
may be determined on the basis of the volume (measured in the number or
total amount of transactions or otherwise) of the travel-related sales
that are made by the contractor under the contract.
``(2) The evaluation factors applicable to offers for a contract
under this section may include a factor that relates to the estimated
aggregate value of any credits, discounts, commissions, or other fees
that would accrue to the Department of Defense for the travel-related
sales made under the contract.
``(3) Commissions or fees received by the Department of Defense as
a result of travel-related sales made under a contract entered into
under this section shall be distributed as follows:
``(A) For amounts relating to sales for official travel,
credit to appropriations available for official travel for the
fiscal year in which the amounts were charged.
``(B) For amounts relating to sales for unofficial travel,
deposit in nonappropriated fund accounts available for morale,
welfare, and recreation programs.
``(c) Definitions.--In this section:
``(1) The term `head of an agency' has the meaning given
that term in section 2302(1) of this title.
``(2) The term `official travel' means travel at the
expense of the Federal Government.
``(3) The term `unofficial travel' means personal travel or
other travel that is not paid for or reimbursed by the Federal
Government out of appropriated funds.
``(d) Inapplicability to Coast Guard and NASA.--This section does
not apply to the Coast Guard when it is not operating as a service in
the Navy, nor to the National Aeronautics and Space Administration.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``2490b. Travel services: procurement for official and unofficial
travel under one contract.''.
SEC. 803. LIMITATION ON USE OF PRICE PREFERENCE UPON ATTAINMENT OF
CONTRACT GOAL FOR SMALL AND DISADVANTAGED BUSINESSES.
Section 2323(e)(3) of title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) by inserting ``, except as provided in (B),'' after
``the head of an agency may'' in the first sentence; and
(3) by adding at the end the following:
``(B) The head of an agency may not exercise the authority under
subparagraph (A) to enter into a contract for a price exceeding fair
market cost in the fiscal year following a fiscal year in which the
Department of Defense attained the 5 percent goal required by
subsection (a).''.
SEC. 804. DISTRIBUTION OF ASSISTANCE UNDER THE PROCUREMENT TECHNICAL
ASSISTANCE COOPERATIVE AGREEMENT PROGRAM.
(a) Correction of Description of Geographic Unit.--Section 2413(c)
of title 10, United States Code, is amended by striking out ``region''
and inserting in lieu thereof ``district''.
(b) Allocation of Funds.--(1) Section 2415 of title 10, United
States Code, is repealed.
(2) The table of sections at the beginning of chapter 142 of such
title is amended by striking the item relating to section 2415.
SEC. 805. DEFENSE COMMERCIAL PRICING MANAGEMENT IMPROVEMENT.
(a) Short Title.--This section may be cited as the ``Defense
Commercial Pricing Management Improvement Act of 1998''.
(b) Commercial Items Exempt From Cost or Pricing Data Certification
Requirements.--For the purposes of this section, the term ``exempt
item'' means a commercial item that is exempt under subsection
(b)(1)(B) of section 2306a of title 10, United States Code, or
subsection (b)(1)(B) of section 304A of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 254b), from the
requirements for submission of certified cost or pricing data under
that section.
(c) Commercial Pricing Regulations.--(1) The Federal Acquisition
Regulation issued in accordance with sections 6 and 25 of the Office of
Federal Procurement Policy Act shall be revised to clarify the
procedures and methods to be used for determining the reasonableness of
prices of exempt items.
(2) The regulations shall, at a minimum, provide specific guidance
on--
(A) the appropriate application and precedence of such
price analysis tools as catalog-based pricing, market-based
pricing, historical pricing, parametric pricing, and value
analysis;
(B) the circumstances under which contracting officers
should require offerors of exempt items to provide--
(i) uncertified cost or pricing data; or
(ii) information on prices at which the offeror has
previously sold the same or similar items;
(C) the role and responsibility of Department of Defense
support organizations, such as the Defense Contract Audit
Agency, in procedures for determining price reasonableness; and
(D) the meaning and appropriate application of the term
``purposes other than governmental purposes'' in section 4(12)
of the Office of Federal Procurement Policy Act (41 U.S.C.
403(12)).
(3) This subsection shall cease to be effective one year after the
date on which final regulations prescribed pursuant to paragraph (1)
take effect.
(d) Unified Management of Procurement of Exempt Commercial Items.--
The Secretary of Defense shall develop and implement procedures to
ensure that, to the maximum extent that is practicable and consistent
with the efficient operation of the Department of Defense, a single
item manager or contracting officer is responsible for negotiating and
entering into all contracts for the procurement of exempt items from a
single contractor.
(e) Commercial Price Trend Analysis.--(1) The Secretary of Defense
shall develop and implement procedures that, to the maximum extent that
is practicable and consistent with the efficient operation of the
Department of Defense, provide for the collection and analysis of
information on price trends for categories of exempt items described in
paragraph (2).
(2) A category of exempt items referred to in paragraph (1)
consists of exempt items--
(A) that are in a single Federal Supply Group or Federal
Supply Class, are provided by a single contractor, or are
otherwise logically grouped for the purpose of analyzing
information on price trends; and
(B) for which there is a potential for the price paid to be
significantly higher (on a percentage basis) than the prices
previously paid in procurements of the same or similar items
for the Department of Defense, as determined by the head of the
procuring Department of Defense agency or the Secretary of the
procuring military department on the basis of criteria
prescribed by the Secretary of Defense.
(3) The head of a Department of Defense agency or the Secretary of
a military department shall take appropriate action to address any
unreasonable escalation in prices being paid for items procured by that
agency or military department as identified in an analysis conducted
pursuant to paragraph (1).
(4)(A) Not later than 180 days after the date of the enactment of
this Act, the Under Secretary of Defense for Acquisition and Technology
shall submit to the congressional defense committees a report
describing the procedures prescribed under paragraph (1), including a
description of the criteria established for the selection of categories
of exempt items for price trend analysis.
(B) Not later than April 1 of each of fiscal years 2000, 2001, and
2002, the Under Secretary of Defense for Acquisition and Technology
shall submit to the congressional defense committees a report on the
analyses of price trends that were conducted for categories of exempt
items during the preceding fiscal year under the procedures prescribed
pursuant to paragraph (1). The report shall include a description of
the actions taken to identify and address any unreasonable price
escalation for the categories of items.
(f) Secretary of Defense To Act Through Under Secretary of Defense
for Acquisition and Technology.--The Secretary of Defense shall act
through the Under Secretary of Defense for Acquisition and Technology
to carry out subsections (d) and (e).
SEC. 806. DEPARTMENT OF DEFENSE PURCHASES THROUGH OTHER AGENCIES.
(a) Extension of Regulations.--Not later than three months after
the date of the enactment of this Act, the Secretary of Defense shall
revise the regulations issued pursuant to section 844 of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107
Stat. 1720; 31 U.S.C. 1535 note) to cover all purchases of goods and
services by the Department of Defense under contracts entered into or
administered by any other agency pursuant to the authority of section
2304a of title 10, United States Code, or section 303H of the Federal
Property and Administrative Services Act (41 U.S.C. 253h).
(b) Termination.--This section shall cease to be effective 1 year
after the date on which final regulations prescribed pursuant to
subsection (a) take effect.
SEC. 807. SUPERVISION OF DEFENSE ACQUISITION UNIVERSITY STRUCTURE BY
UNDER SECRETARY OF DEFENSE FOR ACQUISITION AND
TECHNOLOGY.
Section 1702 of title 10, United States Code, is amended by adding
at the end the following: ``The Under Secretary shall prescribe
policies and requirements for the educational programs of the defense
acquisition university structure established under section 1746 of this
title.''.
SEC. 808. REPEAL OF REQUIREMENT FOR DIRECTOR OF ACQUISITION EDUCATION,
TRAINING, AND CAREER DEVELOPMENT TO BE WITHIN THE OFFICE
OF THE UNDER SECRETARY OF DEFENSE FOR ACQUISITION AND
TECHNOLOGY.
Section 1703 of title 10, United States Code, is amended by
striking out ``within the office of the Under Secretary''.
SEC. 809. ELIGIBILITY OF INVOLUNTARILY DOWNGRADED EMPLOYEE FOR
MEMBERSHIP IN AN ACQUISITION CORPS.
Section 1732(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) Paragraph (1) of subsection (b) shall not apply to an
employee who--
``(A) having previously served in a position within a grade
referred to in subparagraph (A) of that paragraph, is currently
serving in the same position within a grade below GS-13, or in
another position within that grade, by reason of a reduction in
force or the closure or realignment of a military installation,
or for any other reason other by reason of an adverse personnel
action for cause; and
``(B) except as provided in paragraphs (1) and (2),
satisfies the educational, experience, and other requirements
prescribed under paragraphs (2), (3), and (4) of that
subsection.''.
SEC. 810. PILOT PROGRAMS FOR TESTING PROGRAM MANAGER PERFORMANCE OF
PRODUCT SUPPORT OVERSIGHT RESPONSIBILITIES FOR LIFE CYCLE
OF ACQUISITION PROGRAMS.
(a) Designation of Pilot Programs.--The Secretary of Defense,
acting through the Secretaries of the military departments, shall
designate 10 acquisition programs of the military departments as pilot
programs on program manager responsibility for product support.
(b) Responsibilities of Program Managers.--The program manager for
each acquisition program designated as a pilot program under this
section shall have the responsibility for ensuring that the product
support functions for the program are properly carried out over the
entire life cycle of the program.
(c) Report.--Not later than February 1, 1999, the Secretary of
Defense shall submit to the congressional defense committees a report
on the pilot programs. The report shall contain the following:
(1) A description of the acquisition programs designated as
pilot programs under subsection (a).
(2) For each such acquisition program, the specific
management actions taken to ensure that the program manager has
the responsibility for oversight of the performance of the
product support functions.
(3) Any proposed change to law, policy, regulation, or
organization that the Secretary considers desirable, and
determines feasible to implement, for ensuring that the program
managers are fully responsible under the pilot programs for the
performance of all such responsibilities.
SEC. 811. SCOPE OF PROTECTION OF CERTAIN INFORMATION FROM DISCLOSURE.
Section 2371(i)(2)(A) of title 10, United States Code, is amended
by striking out ``cooperative agreement that includes a clause
described in subsection (d)'' and inserting in lieu thereof
``cooperative agreement for performance of basic, applied, or advanced
research authorized by section 2358 of this title''.
SEC. 812. PLAN FOR RAPID TRANSITION FROM COMPLETION OF SMALL BUSINESS
INNOVATION RESEARCH INTO DEFENSE ACQUISITION PROGRAMS.
(a) Plan Required.--Not later than February 1, 1999, the Secretary
of Defense shall submit to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives a plan for facilitating the rapid transition into
Department of Defense acquisition programs of successful first phase
and second phase activities under the Small Business Innovation
Research program under section 9 of the Small Business Act (15 U.S.C.
638).
(b) Conditions.--The plan submitted under subsection (a) shall--
(1) be consistent with the Small Business Innovation
Research program and with recent acquisition reforms that are
applicable to the Department of Defense; and
(2) provide--
(A) a high priority for funding the projects under
the Small Business Innovation Research program that are
likely to be successful under a third phase agreement
entered into pursuant to section 9(r) of the Small
Business Act (15 U.S.C. 638(r)); and
(B) for favorable consideration, in the acquisition
planning process, for funding projects under the Small
Business Innovation Research program that are subject
to a third phase agreement described in subparagraph
(A).
SEC. 813. SENIOR EXECUTIVES COVERED BY LIMITATION ON ALLOWABILITY OF
COMPENSATION FOR CERTAIN CONTRACTOR PERSONNEL.
(a) Defense Contracts.--Section 2324(l)(5) of title 10, United
States Code, is amended to read as follows:
``(5) The term `senior executive', with respect to a
contractor, means the five most highly compensated employees in
management positions at each home office and segment of the
contractor.''.
(b) Non-Defense Contracts.--Section 306(m)(2) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 256(m)(2))
is amended to read as follows:
``(2) The term `senior executive', with respect to a
contractor, means the five most highly compensated employees in
management positions at each home office and segment of the
contractor.''.
(c) Conforming Amendment.--Section 39(c)(2) of the Office of
Federal Procurement Policy Act (41 U.S.C. 435(c)(2)) is amended to read
as follows:
``(2) The term `senior executive', with respect to a
contractor, means the five most highly compensated employees in
management positions at each home office and segment of the
contractor.''.
SEC. 814. SEPARATE DETERMINATIONS OF EXCEPTIONAL WAIVERS OF TRUTH IN
NEGOTIATION REQUIREMENTS FOR PRIME CONTRACTS AND
SUBCONTRACTS.
(a) Defense Procurements.--Section 2306a(a)(5) of title 10, United
States Code, is amended to read as follows:
``(5) A waiver of requirements for submission of certified cost or
pricing data that is granted under subsection (b)(1)(C) in the case of
a contract or subcontract does not waive the requirement under
paragraph (1)(C) for submission of cost or pricing data in the case of
subcontracts under that contract or subcontract unless the head of the
agency concerned determines that the requirement under that paragraph
should be waived in the case of such subcontracts and justifies in
writing the reasons for the determination.''.
(b) Non-Defense Procurements.--Section 304A(a)(5) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 254b(a)(5))
is amended to read as follows:
``(5) A waiver of requirements for submission of certified cost or
pricing data that is granted under subsection (b)(1)(C) in the case of
a contract or subcontract does not waive the requirement under
paragraph (1)(C) for submission of cost or pricing data in the case of
subcontracts under that contract or subcontract unless the head of the
executive agency concerned determines that the requirement under that
paragraph should be waived in the case of such subcontracts and
justifies in writing the reasons for the determination.''.
SEC. 815. FIVE-YEAR AUTHORITY FOR SECRETARY OF THE NAVY TO EXCHANGE
CERTAIN ITEMS.
(a) Barter Authority.--The Secretary of the Navy may enter into a
barter agreement to exchange trucks and other tactical vehicles for the
repair and remanufacture of ribbon bridges for the Marine Corps in
accordance with section 201(c) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 481(c)), except that the
requirement for items exchanged under that section to be similar items
shall not apply to the authority under this subsection.
(b) Period of Authority.--The authority to enter into agreements
under subsection (a) and to make exchanges under any such agreement is
effective during the 5-year period beginning on October 1, 1998, and
ending at the end of September 30, 2003.
SEC. 816. CLARIFICATION OF RESPONSIBILITY FOR SUBMISSION OF INFORMATION
ON PRICES PREVIOUSLY CHARGED FOR PROPERTY OR SERVICES
OFFERED.
(a) Armed Services Procurements.--Section 2306a(d)(1) of title 10,
United States Code is amended--
(1) by striking out ``the data submitted shall'' in the
second sentence and inserting in lieu thereof the following:
``the contracting officer shall require that the data
submitted''; and
(2) by adding at the end the following: ``Submission of
data required of an offeror under the preceding sentence in the
case of a contract or subcontract shall be a condition for the
eligibility of the offeror to enter into the contract or
subcontract.''.
(b) Civilian Agency Procurements.--Section 304A(d)(1) of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C.
254b(d)(1)), is amended--
(1) by striking out ``the data submitted shall'' in the
second sentence and inserting in lieu thereof the following:
``the contracting officer shall require that the data
submitted''; and
(2) by adding at the end the following: ``Submission of
data required of an offeror under the preceding sentence in the
case of a contract or subcontract shall be a condition for the
eligibility of the offeror to enter into the contract or
subcontract.''.
(c) Criteria for Certain Determinations.--Not later than 180 days
after the date of the enactment of this Act, the Federal Acquisition
Regulation shall be amended to include criteria for contracting
officers to apply for determining the specific price information that
an offeror should be required to submit under section 2306(d) of title
10, United States Code, or section 304A(d) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 254b(d)).
SEC. 817. DENIAL OF QUALIFICATION OF A SMALL DISADVANTAGED BUSINESS
SUPPLIER.
(a) No later than December 1, 1998, the Secretary shall submit to
the Congress a report recommending alternative means through which a
refiner that qualifies as a small disadvantaged business and that
delivers fuel by barge to Defense Energy Supply Point-Anchorage under a
contract with the Defense Energy Supply Center can--
(1) fulfill its contractual obligations,
(2) maintain its status as a small disadvantaged business,
and
(3) receive the small disadvantaged business premium for
the total amount of fuel under the contract,
when ice conditions in Cook Inlet threaten physical delivery of such
fuel.
(b) Any inability by such refiner to satisfy its contractual
obligations to the Defense Energy Supply Center for the delivery of
fuel to Defense Energy Supply Point-Anchorage may not be used as a
basis for the denial of such refiner's small disadvantaged business
status or small disadvantaged business premium for the total amount of
fuel under the contract, where such inability is a result of ice
conditions, as determined by the United States Coast Guard, in Cook
Inlet through February 1999, and if the Secretary of Defense determines
that such inability will result in an inequity to the refiner.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 901. REDUCTION IN NUMBER OF ASSISTANT SECRETARY OF DEFENSE
POSITIONS.
(a) Nine Positions.--Section 138(a) of title 10, United States
Code, is amended by striking out ``ten'' and insert in lieu thereof
``nine''.
(b) Conforming Amendment.--The item relating to the Assistant
Secretaries of Defense in section 5315 of title 5, United States Code,
is amended to read as follows:
``Assistant Secretaries of Defense (9).''.
SEC. 902. RENAMING OF POSITION OF ASSISTANT SECRETARY OF DEFENSE FOR
COMMAND, CONTROL, COMMUNICATIONS, AND INTELLIGENCE.
Section 138(b)(3) of title 10, United States Code is amended to
read as follows:
``(3) One of the Assistant Secretaries shall be the Assistant
Secretary of Defense for Space and Information Superiority. The
Assistant Secretary--
``(A) shall have as his principal duty the overall
supervision of the functions of the Department of Defense that
relate to space, intelligence, information security,
information operations, command, control, communications,
computers, surveillance, reconnaissance, and electromagnetic
spectrum; and
``(B) shall be the Chief Information Officer of the
Department of Defense.''.
SEC. 903. AUTHORITY TO EXPAND THE NATIONAL DEFENSE UNIVERSITY.
Section 2165(b) of title 10, United States Code, is amended by
adding at the end the following:
``(7) Any other educational institution of the Department
of Defense that the Secretary considers appropriate and
designates as an institution of the university.''.
SEC. 904. REDUCTION IN DEPARTMENT OF DEFENSE HEADQUARTERS STAFF.
(a) Reduction Required.--(1) The Secretary of Defense shall reduce
the number of Federal Government employees and members of the Armed
Forces on the headquarters staffs of Department of Defense
organizations in accordance with this section. The Secretary shall
achieve the required reductions not later than September 30, 2003.
(2) The total number of Federal Government employees and members of
the Armed Forces on the headquarters staffs of all organizations within
a category of organizations described in paragraph (4) shall be reduced
below the baseline number for the category by the percentage specified
for the category in that paragraph. In the administration of this
section, the number of employees employed on a basis other than a full
time basis shall be converted to, and expressed as, the equivalent
number of full time employees.
(3) For the purposes of this subsection, the baseline number for
the organizations in a category is the total number of Federal
Government employees and members of the Armed Forces on the
headquarters staffs of those organizations on October 1, 1996.
(4) The categories of organizations, and the percentages applicable
under paragraph (1) to the organizations in such categories, are as
follows:
(A) The Office of the Secretary of Defense and associated
activities, a reduction of 33 percent.
(B) Defense agencies, a reduction of 21 percent.
(C) Department of Defense field activities and other
operating organizations reporting to the Office of the
Secretary of Defense, a reduction of 36 percent.
(D) The Joint Staff and associated activities, a reduction
of 29 percent.
(E) The headquarters of the combatant commands and
associated activities, a reduction of 7 percent.
(F) Other headquarters elements (including the headquarters
of the military departments and their major commands) and
associated activities, a reduction of 29 percent.
(b) Limited Relief From Prohibition on Managing by End-Strength.--
(1) The Secretary may waive the requirements and restrictions of
section 129 of title 10, United States Code, for an organization or
activity covered by subsection (a) to the extent that the Secretary
determines necessary to achieve the personnel reductions required by
that subsection.
(2) Not later than 30 days after exercising the waiver authority
under paragraph (1) in the case of an organization or activity, the
Secretary shall notify the congressional defense committees of the
scope and duration of the waiver and the reasons for granting the
waiver.
(c) Management by Budget.--(1) The Secretary shall waive the
requirement under subsection (a) to reduce the number of personnel on
the headquarters staff of an organization or activity if the Secretary
determines that the budget authority available for the organization or
activity for fiscal year 2003 has been reduced below the budget
authority available for the organization or activity for fiscal year
1996 by at least the percentage equal to one-fifth of the percentage
specified in subsection (a)(4) for the category of the organization or
activity.
(2) In this subsection, the term ``budget authority'' has the
meaning given that term in section 3(2)(A) of the Congressional Budget
Act of 1974 (2 U.S.C. 622(2)(A)).
(d) Joint and Defense-Wide Activities.--If the Secretary
consolidates functions in a Department of Defense-wide or joint
organization or activity described in subparagraph (A), (B), (C), (D),
or (E) of subsection (a)(4) in order to meet the requirement for
reduction in the personnel of the other headquarters (including the
headquarters of the military departments and their major commands)
referred to in subparagraph (F) of such subsection, the Secretary may
apply to that organization or activity, instead of the percentage that
would otherwise apply under such subsection, a lesser percentage that
is appropriate to reflect the increased responsibilities of the
organization or activity.
(e) Report.--Not later than March 1, 1999, the Secretary of Defense
shall submit to the congressional defense committees a report
containing a plan to implement the personnel reductions required by
this section.
(f) Categories Defined.--In this section:
(1) The term ``Office of the Secretary of Defense and
associated activities'' means the following organizations and
activities:
(A) The Office of the Secretary of Defense, as
defined in section 131 of title 10, United States Code.
(B) The defense support activities that perform
technical and analytical support for the Office of the
Secretary of Defense.
(2) The term ``defense agencies'' means the following
organizations and activities:
(A) The Ballistic Missile Defense Organization.
(B) The Defense Advanced Research Projects Agency.
(C) The Defense Commissary Agency.
(D) The Defense Contract Audit Agency.
(E) The Defense Finance and Accounting Services.
(F) The Defense Information Systems Agency.
(G) The Defense Legal Services Agency.
(H) The Defense Logistics Agency.
(I) The Defense Security Assistance Agency.
(J) The Defense Security Service.
(K) The Defense Special Weapons Agency.
(L) The On-Site Inspection Agency.
(M) The Treaty Compliance and Threat Reduction
Agency.
(3) The term ``Department of Defense field activities and
other operating organizations reporting to the Office of the
Secretary of Defense'' means the following organizations and
activities:
(A) The American Forces Information Service.
(B) The TRICARE Support Office.
(C) The Office of Economic Adjustment.
(D) The Department of Defense Education Activity.
(E) Washington Headquarters Services.
(F) The Department of Defense Human Resources
Activity.
(G) The Defense Prisoner of War/Missing Personnel
Office.
(H) The Defense Medical Programs Activity.
(I) The Defense Technology Security Administration.
(J) The C4I Support Activity.
(K) The Plans and Program Analysis Support Center.
(L) The Defense Airborne Reconnaissance Office.
(M) The Defense Acquisition University.
(N) The Director of Military Support.
(O) The Defense Technical Information Center.
(P) The National Defense University.
(4) The term ``Joint Staff and associated activities''
means the following organizations and activities:
(A) The Joint Staff referred to in section 155 of
title 10, United States Code.
(B) Department of Defense activities that are
controlled by the Chairman of the Joint Chiefs of Staff
and report directly to the Joint Staff.
(5) The term ``headquarters of the combatant commands''
means the headquarters of the combatant commands, as defined in
section 161(c)(3) of title 10, United States Code.
(6) The term ``other headquarters elements (including the
headquarters of the military departments and their major
commands)'' means the following organizations and activities:
(A) The military department headquarters listed and
defined in Department of Defense Directive 5100.73,
``Department of Defense Management Headquarters and
Headquarters Support Activities'', as in effect on
November 12, 1996.
(B) Other military headquarters elements defined in
such directive that are not otherwise covered by
paragraphs (1), (2), (3), (4), and (5).
(g) Repeal of Superseded Provisions.--(1) Sections 130a and 194 of
title 10, United States Code, are repealed.
(2)(A) The table of sections at the beginning of chapter 3 of such
title is amended by striking out the item relating to section 130a.
(B) The table of sections at the beginning of chapter 8 of such
title is amended by striking out the item relating to section 194.
SEC. 905. PERMANENT REQUIREMENT FOR QUADRENNIAL DEFENSE REVIEW.
(a) Review Required.--Chapter 2 of title 10, United States Code, is
amended by inserting after section 116 the following:
``Sec. 117. Quadrennial defense review
``(a) Review Required.--The Secretary of Defense, in consultation
with the Chairman of the Joint Chiefs of Staff, shall conduct in each
year in which a President is inaugurated a comprehensive examination of
the defense strategy, force structure, force modernization plans,
infrastructure, budget plan, and other elements of the defense program
and policies with a view toward determining and expressing the defense
strategy of the United States and establishing a revised defense plan
for the ensuing 10 years and a revised defense plan for the ensuing 20
years.
``(b) Consideration of Reports of National Defense Panel.--In
conducting the review, the Secretary shall take into consideration the
reports of the National Defense Panel submitted under section 181(d) of
this title.
``(c) Report to Congress.--The Secretary shall submit a report on
each review to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives 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 defense strategy of the United States and the
force structure best suited to implement that strategy.
``(2) The threats examined for purposes of the review and
the scenarios developed in the examination of such threats.
``(3) The assumptions used in the review, including
assumptions relating to the cooperation of allies and mission-
sharing, levels of acceptable risk, warning times, and
intensity and duration of conflict.
``(4) The effect on the force structure of preparations for
and participation in peace operations and military operations
other than war.
``(5) The effect on the force structure of the utilization
by the Armed Forces of technologies anticipated to be available
for the ensuing 10 years and technologies anticipated to be
available for the ensuing 20 years, including precision guided
munitions, stealth, night vision, digitization, and
communications, and the changes in doctrine and operational
concepts that would result from the utilization of such
technologies.
``(6) The manpower and sustainment policies required under
the defense strategy to support engagement in conflicts lasting
more than 120 days.
``(7) The anticipated roles and missions of the reserve
components in the 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 defense strategy, including, in particular, the
appropriate number and size of headquarter units and Defense
Agencies for that purpose.
``(9) The air-lift and sea-lift capabilities required to
support the defense strategy.
``(10) The forward presence, pre-positioning, and other
anticipatory deployments necessary under the 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 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 defense strategy.
``(13) Any other matter the Secretary considers
appropriate.''.
(b) National Defense Panel.--Chapter 7 of such title is amended by
adding at the end the following:
``Sec. 181. National Defense Panel
``(a) Establishment.--Not later than January 1 of each year
immediately preceding a year in which a President is to be inaugurated,
the Secretary of Defense shall establish a nonpartisan, independent
panel to be known as the National Defense Panel. The Panel shall have
the duties set forth in this section.
``(b) Membership.--The Panel shall be composed of a chairman and
eight other individuals appointed by the Secretary, in consultation
with the chairman and ranking member of the Committee on Armed Services
of the Senate and the chairman and ranking member of the Committee on
National Security of the House of Representatives, from among
individuals in the private sector who are recognized experts in matters
relating to the national security of the United States.
``(c) Duties.--The Panel shall--
``(1) conduct and submit to the Secretary of Defense and to
the Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives a
comprehensive assessment of the defense strategy, force
structure, force modernization plans, infrastructure, budget
plan, and other elements of the defense program and policies
with a view toward recommending a defense strategy of the
United States and a revised defense plan for the ensuing 10
years and a revised defense plan for the ensuing 20 years; and
``(2) identify issues that the Panel recommends for
assessment during the next review to be conducted under section
117 of this title.
``(d) Report.--(1) The Panel, in the year that it is conducting an
assessment under subsection (c), shall submit to the Secretary of
Defense and to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives two
reports on its activities and the findings and recommendations of the
Panel, including any recommendations for legislation that the Panel
considers appropriate, as follows:
``(A) An interim report not later than July 1 of the year.
``(B) A final report not later than December 1 of the year.
``(2) Not later than December 15 of the year in which the Secretary
receive a final report under paragraph (1)(B), the Secretary shall
submit to the committees referred to in subsection (b) a copy of the
report together with the Secretary's comments on the report.
``(e) Information From Federal Agencies.--The Panel may secure
directly from the Department of Defense and any of its components and
from any other Federal department and agency such information as the
Panel considers necessary to carry out its duties under this section.
The head of the department or agency concerned shall ensure that
information requested by the Panel under this subsection is promptly
provided.
``(f) Personnel Matters.--(1) Each member of the Panel shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5 for each day (including travel time) during
which the member is engaged in the performance of the duties of the
Panel.
``(2) The members of the Panel 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 while
away from their homes or regular places of business in the performance
of services for the Panel.
``(3)(A) The chairman of the Panel may, without regard to the civil
service laws and regulations, appoint and terminate an executive
director and a staff if the Panel determines that an executive director
and staff are necessary in order for the Panel to perform its duties
effectively. The employment of an executive director shall be subject
to confirmation by the Panel.
``(B) The chairman may fix the compensation of the executive
director without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of title 5 relating to classification of positions
and General Schedule pay rates, except that the rate of pay for the
executive director may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
``(4) Any Federal Government employee may be detailed to the Panel
without reimbursement of the employee's agency, and such detail shall
be without interruption or loss of civil service status or privilege.
The Secretary shall ensure that sufficient personnel are detailed to
the Panel to enable the Panel to carry out its duties effectively.
``(5) To the maximum extent practicable, the members and employees
of the Panel shall travel on military aircraft, military ships,
military vehicles, or other military conveyances when travel is
necessary in the performance of a duty of the Panel, except that no
such aircraft, ship, vehicle, or other conveyance may be scheduled
primarily for the transportation of any such member or employee when
the cost of commercial transportation is less expensive.
``(g) Administrative Provisions.--(1) The Panel 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.
``(2) The Secretary shall furnish the Panel any administrative and
support services requested by the Panel.
``(3) The Panel may accept, use, and dispose of gifts or donations
of services or property.
``(h) Payment of Panel Expenses.--The compensation, travel
expenses, and per diem allowances of members and employees of the Panel
shall be paid out of funds available to the Department of Defense for
the payment of compensation, travel allowances, and per diem
allowances, respectively, of civilian employees of the Department. The
other expenses of the Panel shall be paid out of funds available to the
Department for the payment of similar expenses incurred by the
Department.
``(i) Termination.--The Panel shall terminate at the end of the
year following the year in which the Panel submits its final report
under subsection (d)(1)(B). For the period that begins 90 days after
the date of submittal of the report, the activities and staff of the
panel shall be reduced to a level that the Secretary of Defense
considers sufficient to continue the availability of the panel for
consultation with the Secretary of Defense and with the Committee on
Armed Services of the Senate and the Committee on National Security of
the House of Representatives.''.
(c) Clerical Amendments.--(1) The table of sections at the
beginning of chapter 2 of title 10, United States Code, is amended by
inserting after the item relating to section 116 the following:
``117. Quadrennial defense review.''.
(2) The table of sections at the beginning of chapter 7 of such
title is amended by adding at the end the following:
``181. National Defense Panel.''.
(d) Continuation of 1997 National Defense Panel.--Section 924(j) of
the Military Force Structure Review Act of 1996 (subtitle B of title IX
of Public Law 104-201; 110 Stat. 2626; 10 U.S.C. 111 note) is amended
to read as follows:
``(j) Termination.--The Panel shall continue until the first
National Defense Panel is established under section 181(a) of title 10,
United States Code, and shall then terminate. The activities and staff
of the panel shall be reduced to a level that the Secretary of Defense
considers sufficient to continue the availability of the panel for
consultation with the Secretary of Defense and with the Committee on
Armed Services of the Senate and the Committee on National Security of
the House of Representatives.''.
SEC. 906. MANAGEMENT REFORM FOR RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION.
(a) Requirements for Analysis and Plan.--(1) The Secretary of
Defense, acting through the Under Secretary of Defense for Acquisition
and Technology, shall analyze the structures and processes of the
Department of Defense for management of its laboratories and test and
evaluation centers and, taking into consideration the analysis, develop
a plan for improving the management of the laboratories and centers.
The plan shall include the reorganizations and reforms that the
Secretary considers appropriate.
(2) The analysis shall include the following:
(A) Opportunities to achieve efficiency and reduce
duplication of efforts by consolidating responsibilities for
research, development, test, and evaluation, by area or
function, in a military department as a lead agency or
executive agent.
(B) Reforms of the management processes of Department of
Defense laboratories and test and evaluation centers that would
reduce costs and increase efficiency in the conduct of
research, development, test, and evaluation.
(C) Opportunities for Department of Defense laboratories
and test and evaluation centers to enter into partnership
arrangements with laboratories in industry, academia, and other
Federal agencies that demonstrate leadership, initiative, and
innovation in research, development, test, and evaluation.
(D) The benefits of consolidating test ranges and test
facilities under one management structure.
(E) Personnel demonstration projects and pilot projects
that are being carried out to address the challenges for and
constraints on recruitment and retention of scientists and
engineers.
(F) The extent to which there is disseminated within the
Department of Defense laboratories and test and evaluation
centers information regarding initiatives that have
successfully improved efficiency through reform of management
processes and other means.
(G) Any cost savings that can be derived directly from
reorganization of management structures.
(H) Options for reinvesting any such cost savings in the
Department of Defense laboratories and test and evaluation
centers.
(3) The Secretary shall submit the plan required under paragraph
(1) to the congressional defense committees not later than 180 days
after the date of the enactment of this Act.
(b) Cost-Based Management Information System.--(1) The Secretary of
Defense shall develop a plan, including a schedule, for establishing a
cost-based management information system for Department of Defense
laboratories and test and evaluation centers. The system shall provide
for accurately identifying and comparing the costs of operating each
laboratory and each center.
(2) In preparing the plan, the Secretary shall assess the
feasibility and desirability of establishing a common methodology for
assessing costs. The Secretary shall consider the use of a revolving
fund as one potential methodology.
(3) The Secretary shall submit the plan required under paragraph
(1) to the congressional defense committees not later than 90 days
after the date of the enactment of this Act.
SEC. 907. RESTRUCTURING OF ADMINISTRATION OF FISHER HOUSES.
(a) Administration as Nonappropriated Fund Instrumentality.--(1)
Chapter 147 of title 10, United States Code, is amended by adding at
the end the following:
``Sec. 2490b. Fisher Houses: administration as nonappropriated fund
instrumentality
``(a) Fisher Houses and Suites.--(1) For the purposes of this
section, a Fisher House is a housing facility that--
``(A) is located in proximity to a health care facility of
the Army, the Air Force, or the Navy;
``(B) is available for residential use on a temporary basis
by patients of that health care facility, members of the
families of such patients, and others providing the equivalent
of familial support for such patients; and
``(C) has been constructed and donated by--
``(i) the Zachary and Elizabeth M. Fisher Armed
Services Foundation; or
``(ii) another source, if the Secretary designates
the housing facility as a Fisher House.
``(2) For the purposes of this section, a Fisher Suite is one or
more rooms that meet the requirements of subparagraph (A) and (B) of
paragraph (1), are constructed, altered, or repaired and donated by a
source described in subparagraph (C) of that paragraph, and are
designated by the Secretary concerned as a Fisher Suite.
``(b) Nonappropriated Fund Instrumentality.--The Secretary of a
military department shall administer all Fisher Houses and Fisher
Suites associated with health care facilities of that military
department as a nonappropriated fund instrumentality of the United
States.
``(c) Governance.--The Secretary shall establish a system for the
governance of the nonappropriated fund instrumentality.
``(d) Central Fund.--The Secretary shall establish a single fund as
the source of funding for the operation, maintenance, and improvement
of all Fisher Houses and Fisher Suites of the nonappropriated fund
instrumentality.
``(e) Acceptance of Contributions and Fees.--The Secretary of a
military department may accept money, property, and services donated
for the support of a Fisher House or Fisher Suite, and may impose fees
relating to the use of the Fisher Houses and Fisher Suites. All
monetary donations, and the proceeds of the disposal of any other
donated property, accepted by the Secretary under this subsection shall
be credited to the fund established under subsection (d) for the Fisher
Houses and Fisher Suites of that military department and shall be
available for all Fisher Houses and Fisher Suites of that military
department.
``(f) Annual Report.--Not later than January 15 of each year, the
Secretary of each military department shall submit a report on Fisher
House operations to the Committee on Armed Services of the Senate and
the Committee on National Security of the House of Representatives. The
report shall include, at a minimum, the following:
``(1) The amount in the fund established by the Secretary
for the Fisher Houses and Fisher Suites under subsection (d),
as of October 1 of the previous year.
``(2) The operation of the fund during the fiscal year
ending on the day before that date, including--
``(A) all gifts, fees, and interest credited to the
fund; and
``(B) the disbursements from the fund.
``(3) The budget for the operation of the Fisher Houses and
Fisher Suites for the fiscal year in which the report is
submitted.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``2490b. Fisher Houses: administration as nonappropriated fund
instrumentality.''.
(b) Funding Transition.--(1) Not later than 90 days after the date
of the enactment of this Act the Secretary of each military department
shall--
(A) establish the fund required under section 2490b(d) of
title 10, United States Code (as added by subsection (a)); and
(B) close the Fisher House trust fund for that department
and transfer the amounts in the closed fund to the newly
established fund.
(2) Of the amounts appropriated for the Navy pursuant to section
301, the Secretary of the Navy shall transfer to the fund established
by the Secretary under section 2490b(d) of title 10, United States Code
(as added by subsection (a)) such amount as the Secretary considers
appropriate for establishing in the fund a corpus sufficient for
operating Fisher Houses and Fisher Suites of the Navy.
(3) Of the amounts appropriated for the Air Force pursuant to
section 301, the Secretary of the Air Force shall transfer to the fund
established by the Secretary under section 2490b(d) of title 10, United
States Code (as added by subsection (a)) such amount as the Secretary
considers appropriate for establishing in the fund a corpus sufficient
for operating Fisher Houses and Fisher Suites of the Air Force.
(4) The Secretary of each military department, upon completing the
actions required of the Secretary under the preceding paragraphs of
this subsection, shall submit to Congress a report containing--
(A) the Secretary's certification that those actions have
been completed; and
(B) a statement of the amount deposited in the newly
established fund.
(5) Amounts transferred to a fund established under section
2490b(d) of title 10, United States Code (as added by subsection (a)),
shall be available without fiscal year limitation for the purposes for
which the fund is established and shall be administered as
nonappropriated funds.
(c) Conforming Repeals.--(1) Section 2221 of title 10, United
States Code, and the item relating to that section in the table of
sections at the beginning of chapter 131 of such title, are repealed.
(2) Section 1321(a) of title 31, United States Code, is amended by
striking out paragraphs (92), (93), and (94).
(3) The amendments made by paragraphs (1) and (2) shall take effect
90 days after the date of the enactment of this Act.
SEC. 908. REDESIGNATION OF DIRECTOR OF DEFENSE RESEARCH AND ENGINEERING
AS DIRECTOR OF DEFENSE TECHNOLOGY AND
COUNTERPROLIFERATION AND TRANSFER OF RESPONSIBILITIES.
(a) Redesignation.--Subsection (a) of section 137 of title 10,
United States Code, is amended by striking out ``Director of Defense
Research and Engineering'' and inserting in lieu thereof ``Director of
Defense Technology and Counterproliferation''.
(b) Duties.--Subsection (b) of such section 137 is amended to read
as follows:
``(b) The Director of Defense Technology and Counterproliferation
shall--
``(1) except as otherwise prescribed by the Secretary of
Defense, perform such duties relating to research and
engineering as the Under Secretary of Defense for Acquisition
and Technology may prescribe;
``(2) advise the Secretary of Defense on matters relating
to nuclear energy and nuclear weapons;
``(3) serve as the Staff Director of the Joint Nuclear
Weapons Council under section 179 of this title; and
``(4) perform such other duties as the Secretary of Defense
may prescribe.''.
(c) Abolishment of Position of Assistant to the Secretary of
Defense for Nuclear and Chemical and Biological Defense Programs.--
Section 142 of such title is repealed.
(d) Conforming Amendments.--(1) Title 5, United States Code, is
amended as follows:
(A) In section 5315, by striking out ``Director of Defense
Research and Engineering'' and inserting in lieu thereof the
following:
``Director of Defense Technology and
Counterproliferation''.
(B) In section 5316, by striking out ``Assistant to the
Secretary of Defense for Nuclear and Chemical and Biological
Defense Programs, Department of Defense.''.
(2) Title 10, United States Code, is amended as follows:
(A) In section 131(b), by striking out paragraph (6) and
inserting in lieu thereof the following:
``(6) Director of Defense Technology and
Counterproliferation.''.
(B) In section 138(d), by striking out ``Director of
Defense Research and Engineering'' and inserting in lieu
thereof ``Director of Defense Technology and
Counterproliferation''.
(C) In section 179(c)(2), by striking out ``Assistant to
the Secretary of Defense for Nuclear and Chemical and
Biological Defense Programs'' and inserting in lieu thereof
``Director of Defense Technology and Counterproliferation''.
(D) In section 2350a(g)(3), by striking out ``Deputy
Director, Defense Research and Engineering (Test and
Evaluation)'' and inserting in lieu thereof ``Under Secretary
of Defense for Acquisition and Technology''.
(E) In section 2617(a), by striking out ``Director of
Defense Research and Engineering'' and inserting in lieu
thereof ``Director of Defense Technology and
Counterproliferation''.
(F) In section 2902(b), by striking out paragraph (1) and
inserting in lieu thereof the following:
``(1) The Director of Defense Technology and
Counterproliferation.''.
(3) Section 257(a) of the National Defense Authorization Act for
Fiscal Year 1995 (10 U.S.C. 2358 note) is amended by striking out
``Director of Defense Research and Engineering'' and inserting in lieu
thereof ``Director of Defense Technology and Counterproliferation''.
(4) The National Defense Authorization Act for Fiscal Year 1994 is
amended as follows:
(A) In section 802(a) (10 U.S.C. 2358 note), by striking
out ``Director of Defense Research and Engineering'' and
inserting in lieu thereof ``Director of Defense Technology and
Counterproliferation''.
(B) In section 1605(a)(5), (22 U.S.C. 2751 note) by
striking out ``Assistant to the Secretary of Defense for
Nuclear and Chemical and Biological Defense Programs'' and
inserting in lieu thereof ``Director of Defense Technology and
Counterproliferation''.
(e) Clerical Amendments.--(1) The section heading of section 137 of
title 10, United States Code, is amended to read as follows:
``Sec. 137. Director of Defense Technology and Counterproliferation''.
(2) The table of sections at the beginning of chapter 4 of title
10, United States Code, is amended--
(A) by striking out the item relating to section 137 and
inserting in lieu thereof the following:
``137. Director of Defense Technology and Counterproliferation.'';
and
(B) by striking out the item relating to section 142.
SEC. 909. CENTER FOR HEMISPHERIC DEFENSE STUDIES.
(a) Funding for Center for Hemispheric Defense Studies.--(1)
Chapter 108 of title 10, United States Code, is amended by adding at
the end the following:
``Sec. 2166. National Defense University: funding of component
institution
``Funds available for the payment of personnel expenses under the
Latin American cooperation authority set forth in section 1050 of this
title are also available for the costs of the operation of the Center
for Hemispheric Defense Studies.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``2166. National Defense University: funding of component
institution.''.
(b) Conforming Amendment.--Section 1050 of title 10, United States
Code, is amended by inserting ``Secretary of Defense or the'' before
``Secretary of a military department''.
SEC. 910. MILITARY AVIATION ACCIDENT INVESTIGATIONS.
(a) Findings.--Congress makes the following findings:
(1) In February 1996, the Government Accounting Office
released a report highlighting a 75 percent reduction in
aviation Class A mishaps, a 70 percent reduction in aviation
mishap fatalities and a 65 percent reduction in Class A mishap
rates from 1975-1995 (Military Aircraft Safety--Significant
Improvements since 1975).
(2) In February 1998, the Government Accounting Office
completed a follow-up review of military aircraft safety,
noting that the military experienced fewer serious aviation
mishaps in fiscal years 1996 and 1997 than in previous fiscal
years (Military Aircraft Safety: Serious Accidents Remain at
Historically Low Levels).
(3) The report required by section 1046 of the National
Defense Authorization Act for fiscal year 1998 (Public Law 105-
85; 111 Stat. 1888) concluded, ``DoD found no evidence that
changing existing investigation processes to more closely
resemble those of the NTSB would help DoD to find more answers
more quickly, or accurately''.
(4) The Department of Defense must further improve its
aviation safety by fully examining all options for improving or
replacing its current aviation accident investigation
processes.
(5) The inter-service working group formed as a result of
that report has contributed to progress in military aviation
accident investigations by identifying ways to improve family
assistance, as has the formal policy direction coordinated by
the Office of the Secretary of Defense.
(6) Such progress includes the issuance of Air Force
Instruction 90-701 entitled ``Assistance to Families of Persons
Involved in Air Force Aviation Mishaps'', that attempts to meet
the need for a more timely flow of relevant information to
families, a family liaison officer, and the establishment of
the Air Force Office of Family Assistance. However, formal
policy directions and Air Force instructions have not
adequately addressed the failure to provide primary next of kin
of members of the Armed Forces involved in military aviation
accidents with interim reports regarding the course of
investigations into such accidents, and the Department of
Defense must improve its procedures for informing the families
of the persons involved in military aviation mishaps.
(7) The report referred to in paragraph (3) concluded that
the Department would ``benefit from the disappearance of the
misperception that the privileged portion of the safety
investigation exists to hide unfavorable information''.
(8) That report further specified that ``[e]ach Military
Department has procedures in place to place to provide redacted
copies of the final [privileged] safety report to the families.
However, families must formally request a copy of the final
safety investigation report''.
(9) Current efforts to improve family notification would be
enhanced by the issuance by the Secretary of Defense of uniform
regulations to improve the timeliness and reliability of information
provided to the primary next of kin of persons involved in military
aviation accidents during and following both the legal investigation
and safety investigation phases of such investigations.
(b) Evaluation of Department of Defense Aviation Accident
Investigation Procedures.--(1) The Secretary of Defense shall establish
a task force to--
(A) review the procedures employed by the Department of
Defense to conduct military aviation accident investigations;
and
(B) identify mechanisms for improving such investigations
and the military aviation accident investigation process.
(2) The Secretary shall appoint to the task force the following:
(A) An appropriate number of members of the Armed Forces,
including both members of the regular components and the
reserve components, who have experience relating to military
aviation or investigations into military aviation accidents.
(B) An appropriate number of former members of the Armed
Forces who have such experience.
(C) With the concurrence of the member concerned, a member
of the National Transportation Safety Board.
(3)(A) The task force shall submit to Congress an interim report
and a final report on its activities under this subsection. The interim
report shall be submitted on December 1, 1998, and the final report
shall be submitted on March 31, 1999.
(B) Each report under subparagraph (A) shall include the following:
(i) An assessment of the advisability of conducting all
military aviation accident investigations through an entity
that is independent of the military departments.
(ii) An assessment of the effectiveness of the current
military aviation accident investigation process in identifying
the cause of military aviation accidents and correcting
problems so identified in a timely manner.
(iii) An assessment whether or not the procedures for
sharing the results of military aviation accident
investigations among the military departments should be
improved.
(iv) An assessment of the advisability of centralized
training and instruction for military aircraft investigators.
(v) An assessment of any costs or cost avoidances that
would result from the elimination of any overlap in military
aviation accident investigation activities conducted under the
current so-called ``two-track'' investigation process.
(vi) Any improvements or modifications in the current
military aviation accident investigation process that the task
force considers appropriate to reduce the potential for
aviation accidents and increase public confidence in the
process.
(c) Uniform Regulations for Release of Interim Safety Investigation
Reports.--(1)(A) Not later than May 1, 1999, the Secretary of Defense
shall prescribe regulations that provide for the release to the family
members of persons involved in military aviation accidents, and to
members of the public, of reports referred to in paragraph (2).
(B) The regulations shall apply uniformly to each military
department.
(2) A report under paragraph (1) is a report on the findings of any
ongoing privileged safety investigation into an accident referred to in
that paragraph. Such report shall be in a redacted form or other form
appropriate to preserve witness confidentiality and to minimize the
effects of the release of information in such report on national
security.
(3) Reports under paragraph (1) shall be made available--
(A) in the case of family members, at least once every 30
days or upon the development of a new or significantly changed
finding during the course of the investigation concerned; and
(B) in the case of members of the public, on request.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--(1) Upon determination
by the Secretary of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts of authorizations
made available to the Department of Defense in this division for fiscal
year 1999 between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred shall
be merged with and be available for the same purposes as the
authorization to which transferred.
(2) The total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$2,000,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. AUTHORIZATION OF EMERGENCY APPROPRIATIONS FOR FISCAL YEAR
1999.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year 1999
for incremental costs of operations of the Armed Forces in and around
Bosnia and Herzegovina in the total amount of $1,858,600,000, as
follows:
(1) For military personnel, in addition to the amounts
authorized to be appropriated in title IV of this Act:
(A) For the Army, $297,700,000.
(B) For the Navy, $9,700,000.
(C) For the Marine Corps, $2,700,000.
(D) For the Air Force, $33,900,000.
(E) For the Naval Reserve, $2,200,000.
(2) For operation and maintenance for the Overseas
Contingency Operations Transfer Fund, in addition to the total
amount authorized to be appropriated for that fund in section
301(a)(25) of this Act, $1,512,400,000.
(b) Transfer Authority.--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 subsection (a)(2) for fiscal year 1999 to any
of the authorizations for that fiscal year in section 301. Amounts of
authorizations so transferred shall be merged with and be available for
the same purposes as the authorization to which transferred. The
transfer authority under this subsection is in addition to any other
transfer authority provided in this Act.
(c) Designation as Emergency.--Funds authorized to be appropriated
in accordance with subsection (a) are designated as emergency
requirements pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
SEC. 1003. AUTHORIZATION OF PRIOR EMERGENCY SUPPLEMENTAL APPROPRIATIONS
FOR FISCAL YEAR 1998.
Amounts authorized to be appropriated to the Department of Defense
for fiscal year 1998 in the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85) 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 1998
Supplemental Appropriations and Rescissions Act (Public Law 105-174).
SEC. 1004. PARTNERSHIP FOR PEACE INFORMATION SYSTEM MANAGEMENT.
Funds authorized to be appropriated under titles II and III of this
Act shall be available for Partnership for Peace information management
systems as follows:
(1) Of the amount authorized to be appropriated under
section 201(4) for Defense-wide activities, $2,000,000.
(2) Of the amount authorized to be appropriated under
section 301 for Defense-wide activities, $3,000,000.
SEC. 1005. REDUCTIONS IN FISCAL YEAR 1998 AUTHORIZATIONS OF
APPROPRIATIONS FOR DIVISION A AND DIVISION B AND
INCREASES IN CERTAIN AUTHORIZATIONS OF APPROPRIATIONS.
(a) Total Reduction.--Notwithstanding any other provision in this
division, amounts authorized to be appropriated under other provisions
of this division are reduced in accordance with subsection (b) by the
total amount of $421,900,000 in order to reflect savings resulting from
revised economic assumptions.
(b) Distribution of Reduction.--
(1) Procurement.--Amounts authorized to be appropriated for
procurement under title I are reduced as follows:
(A) Army.--For the Army:
(i) Aircraft.--For aircraft under section
101(1), by $4,000,000.
(ii) Missiles.--For missiles under section
101(2), by $4,000,000.
(iii) Weapons and tracked combat
vehicles.--For weapons and tracked combat
vehicles under section 101(3), by $4,000,000.
(iv) Ammunition.--For ammunition under
section 101(4), by $3,000,000.
(v) Other procurement.--For other
procurement under section 101(5), by
$9,000,000.
(B) Navy and marine corps.--For the Navy, Marine
Corps, or both the Navy and Marine Corps:
(i) Aircraft.--For aircraft under section
102(a)(1), by $22,000,000.
(ii) Weapons.--For weapons, including
missiles and torpedoes, under section
102(a)(2), by $4,000,000.
(iii) Shipbuilding and conversion.--For
shipbuilding and conversion under section
102(a)(3), by $18,000,000.
(iv) Other procurement.--For other
procurement under section 102(a)(4), by
$12,000,000.
(v) Marine corps procurement.--For
procurement for the Marine Corps under section
102(b), by $2,000,000.
(vi) Ammunition.--For ammunition under
section 102(c), by $1,000,000.
(C) Air Force.--For the Air Force:
(i) Aircraft.--For aircraft under section
103(1), by $23,000,000.
(ii) Missiles.--For missiles under section
103(2), by $7,000,000.
(iii) Ammunition.--For ammunition under
section 103(3), by $1,000,000.
(iv) Other procurement.--For other
procurement under section 103(4), by
$17,500,000.
(D) Defense-wide activities.--For the Department of
Defense for Defense-wide activities under section 104,
by $5,800,000.
(E) Chemical demilitarization program.--For the
destruction of lethal chemical agents and munitions and
of chemical warfare material under section 107, by
$3,000,000.
(2) RDT&E.--Amounts authorized to be appropriated for
research, development, test, and evaluation under title II are
reduced as follows:
(A) Army.--For the Army under section 201(1), by
$10,000,000.
(B) Navy.--For the Navy under section 201(2), by
$20,000,000.
(C) Air force.--For the Air Force under section
201(3), by $39,000,000.
(D) Defense-wide activities.--For Defense-wide
activities under section 201(4), by $26,700,000.
(3) Operation and maintenance.--Amounts authorized to be
appropriated for operation and maintenance under title III are
reduced as follows:
(A) Army.--For the Army under section 301(a)(1), by
$24,000,000.
(B) Navy.--For the Navy under section 301(a)(2), by
$32,000,000.
(C) Marine corps.--For the Marine Corps under
section 301(a)(3), by $4,000,000.
(D) Air force.--For the Air Force under section
301(a)(4), by $31,000,000.
(E) Defense-wide activities.--For Defense-wide
activities under section 301(a)(6), by $17,600,000.
(F) Army reserve.--For the Army Reserve under
section 301(a)(7), by $2,000,000.
(G) Naval reserve.--For the Naval Reserve under
section 301(a)(8), by $2,000,000.
(H) Air force reserve.--For the Air Force Reserve
under section 301(a)(10), by $2,000,000.
(I) Army national guard.--For the Army National
Guard under section 301(a)(11), by $4,000,000.
(J) Air national guard.--For the Air National Guard
under section 301(a)(12), by $4,000,000.
(K) Environmental restoration, army.--For
Environmental Restoration, Army under section
301(a)(15), by $1,000,000.
(L) Environmental restoration, navy.--For
Environmental Restoration, Navy under section
301(a)(16), by $1,000,000.
(M) Environmental restoration, air force.--For
Environmental Restoration, Air Force under section
301(a)(17), by $1,000,000.
(N) Environmental restoration, defense-wide.--For
Environmental Restoration, Defense-wide under section
301(a)(18), by $1,000,000.
(O) Drug interdiction and counter-drug activities,
defense-wide.--For Drug Interdiction and Counter-drug
Activities, Defense-wide under section 301(a)(21), by
$2,000,000.
(P) Medical programs, defense.--For Medical
Programs, Defense under section 301(a)(23), by
$36,000,000.
(4) Military construction, army.--Amounts authorized to be
appropriated for military construction, Army, under title XXI
by section 2104(a) are reduced by $5,000,000, of which
$3,000,000 shall be a reduction of support of military family
housing under section 2104(a)(5)(B).
(5) Military construction, navy.--Amounts authorized to be
appropriated for military construction, Navy, under title XXII
by section 2204(a) are reduced by $5,000,000, of which--
(A) $1,000,000 shall be a reduction of construction
and acquisition of military family housing under
section 2204(a)(5)(A); and
(B) $3,000,000 shall be a reduction of support of
military family housing under section 2204(a)(5)(B).
(6) Military construction, air force.--Amounts authorized
to be appropriated for military construction, Air Force, under
title XXIII by section 2304(a) are reduced by $4,000,000, of
which--
(A) $1,000,000 shall be a reduction of construction
and acquisition of military family housing under
section 2304(a)(5)(A); and
(B) $2,000,000 shall be a reduction of support of
military family housing under section 2304(a)(5)(B).
(7) Military construction, defense agencies.--Amounts
authorized to be appropriated for military construction,
Defense Agencies, under title XXIV by section 2404(a) are
reduced by $6,300,000, of which $5,000,000 shall be a reduction
of defense base closure and realignment under section
2404(a)(10), of which--
(A) $1,000,000 shall be a reduction of defense base
closure and realignment, Army;
(B) $2,000,000 shall be a reduction of defense base
closure and realignment, Navy; and
(C) $2,000,000 shall be a reduction of defense base
closure and realignment, Air Force.
(8) North atlantic treaty organization security investment
program.--Amounts authorized to be appropriated for
contributions to the North Atlantic Treaty Organization
Security Investment program under title XXV by section 2502 are
reduced by $1,000,000.
(c) Proportionate Reductions Within Accounts.--The amount provided
for each budget activity, budget activity group, budget subactivity
group, program, project, or activity under an authorization of
appropriations reduced by subsection (b) is hereby reduced by the
percentage computed by dividing the total amount of that authorization
of appropriations (before the reduction) into the amount by which that
total amount is so reduced.
(d) Increase in Certain Authorizations of Appropriations.--
(1) Operation and maintenance, army national guard.--The
amount authorized to be appropriated by section 301(a)(11), as
reduced by subsection (b)(3)(I), is increased by $120,000,000.
(2) Other defense programs, department of energy.--The
amount authorized to be appropriated by section 3103 is
increased by $20,000,000, which amount shall be available for
verification and control technology under paragraph (1)(C) of
that section.
SEC. 1006. AMOUNT AUTHORIZED FOR CONTRIBUTIONS FOR NATO COMMON-FUNDED
BUDGETS.
(a) Total Amount.--Contributions are authorized to be made in
fiscal year 1999 for the common-funded budgets of NATO, out of funds
available for the Department of Defense for that purpose, in the total
amount that is equal to the sum of (1) the amounts of the unexpended
balances, as of the end of fiscal year 1998, of funds appropriated for
fiscal years before fiscal year 1999 for payments for such budgets, (2)
the amount authorized to be appropriated under section 301(a)(1) that
is available for contributions for the NATO common-funded military
budget under section 314, (3) the amount authorized to be appropriated
under section 201(1) that is available for contribution for the NATO
common-funded civil budget under section 219, and (4) the total amount
of the contributions authorized to be made under section 2501.
(b) Definition.--In this section, the term ``common-funded budgets
of NATO'' means the Military Budget, the Security Investment Program,
and the Civil Budget of NATO (and any successor or additional account
or program of NATO).
Subtitle B--Naval Vessels
SEC. 1011. IOWA CLASS BATTLESHIP RETURNED TO NAVAL VESSEL REGISTER.
The U.S.S. Iowa shall be listed, and maintained, on the Naval
Vessel Register under section 1011 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
421) instead of the U.S.S. New Jersey, which shall be stricken from the
register. The preceding sentence does not affect the continued
effectiveness of subsection (d) of such section.
SEC. 1012. LONG-TERM CHARTER OF THREE VESSELS IN SUPPORT OF SUBMARINE
RESCUE, ESCORT, AND TOWING.
(a) Authority.--The Secretary of the Navy may to enter into one or
more long-term charters in accordance with section 2401 of title 10,
United States Code, for three vessels to support the rescue, escort,
and towing of submarines.
(b) Vessels.--The vessels that may be chartered under subsection
(a) are as follows:
(1) The Carolyn Chouest (United States official number
D102057).
(2) The Kellie Chouest (United States official number
D1038519).
(3) The Dolores Chouest (United States official number
D600288).
(c) Charter Period.--The period for which a vessel is chartered
under subsection (a) may not extend beyond October 1, 2004.
(d) Funding.--The funds used for charters entered into under
subsection (a) shall be funds authorized to be appropriated under
section 301(a)(2).
SEC. 1013. TRANSFERS OF CERTAIN NAVAL VESSELS TO CERTAIN FOREIGN
COUNTRIES.
(a) Authority.--
(1) Argentina.--The Secretary of the Navy is authorized to
transfer to the Government of Argentina on a grant basis the
tank landing ship Newport (LST 1179).
(2) Brazil.--The Secretary of the Navy is authorized to
transfer vessels to the Government of Brazil as follows:
(A) On a sale basis, the Newport class tank landing
ships Cayuga (LST 1186) and Peoria (LST 1183).
(B) On a combined lease-sale basis, the Cimarron
class oiler Merrimack (AO 179).
(3) Chile.--The Secretary of the Navy is authorized to
transfer vessels to the Government of Chile on a sale basis as
follows:
(A) The Newport class tank landing ship San
Bernardino (LST 1189).
(B) The auxiliary repair dry dock Waterford (ARD
5).
(4) Greece.--The Secretary of the Navy is authorized to
transfer vessels to the Government of Greece as follows:
(A) On a sale basis, the following vessels:
(i) The Oak Ridge class medium dry dock
Alamogordo (ARDM 2).
(ii) The Knox class frigates Vreeland (FF
1068) and Trippe (FF 1075).
(B) On a combined lease-sale basis, the Kidd class
guided missile destroyers Kidd (DDG 993), Callaghan
(DDG 994), Scott (DDG 995) and Chandler (DDG 996).
(C) On a grant basis, the following vessels:
(i) The Knox class frigate Hepburn (FF
1055).
(ii) The Adams class guided missile
destroyers Strauss (DDG 16), Semmes (DDG 18),
and Waddell (DDG 24).
(5) Mexico.--The Secretary of the Navy is authorized to
transfer to the Government of Mexico on a sale basis the
auxiliary repair dry dock San Onofre (ARD 30) and the Knox
class frigate Pharris (FF 1094).
(6) Philippines.--The Secretary of the Navy is authorized
to transfer to the Government of the Philippines on a sale
basis the Stalwart class ocean surveillance ship Triumph (T-
AGOS 4).
(7) Portugal.--The Secretary of the Navy is authorized to
transfer to the Government of Portugal on a grant basis the
Stalwart class ocean surveillance ship Assurance (T-AGOS 5).
(8) Spain.--The Secretary of the Navy is authorized to
transfer to the Government of Spain on a sale basis the Newport
class tank landing ships Harlan County (LST 1196) and
Barnstable County (LST 1197).
(9) Taiwan.--The Secretary of the Navy is authorized to
transfer vessels 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) on a sale basis as follows:
(A) The Knox class frigates Peary (FF 1073), Joseph
Hewes (FF 1078), Cook (FF 1083), Brewton (FF 1086),
Kirk (FF 1087) and Barbey (FF 1088).
(B) The Newport class tank landing ships Manitowoc
(LST 1180) and Sumter (LST 1181).
(C) The floating dry dock Competent (AFDM 6).
(D) The Anchorage class dock landing ship Pensacola
(LSD 38).
(10) Turkey.--The Secretary of the Navy is authorized to
transfer vessels to the Government of Turkey as follows:
(A) On a sale basis, the following vessels:
(i) The Oliver Hazard Perry class guided
missile frigates Mahlon S. Tisdale (FFG 27),
Reid (FFG 30) and Duncan (FFG 10).
(ii) The Knox class frigates Reasoner (FF
1063), Fanning (FF 1076), Bowen (FF 1079),
McCandless (FF 1084), Donald Beary (FF 1085),
Ainsworth (FF 1090), Thomas C. Hart (FF 1092),
and Capodanno (FF 1093).
(B) On a grant basis, the Knox class frigates Paul
(FF 1080), Miller (FF 1091), W.S. Simms (FF 1059).
(11) Venezuela.--The Secretary of the Navy is authorized to
transfer to the Government of Venezuela on a sale basis the
unnamed medium auxiliary floating dry dock AFDM 2.
(b) Bases of Transfer.--
(1) Grant.--A transfer of a naval vessel authorized to be
made on a grant basis under subsection (a) shall be made under
section 516 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j).
(2) Sale.--A transfer of a naval vessel authorized to be
made on a sale basis under subsection (a) shall be made under
section 21 of the Arms Export Control Act (22 U.S.C. 2761).
(3) Combined lease-sale.--(A) A transfer of a naval vessel
authorized to be made on a combined lease-sale basis under
subsection (a) shall be made under sections 61 and 21 of the
Arms Export Control Act (22 U.S.C. 2796 and 2761, respectively)
in accordance with this paragraph.
(B) For each naval vessel authorized by subsection (a) for
transfer on a lease-sale basis, the Secretary of the Navy is
authorized to transfer the vessel under the terms of a lease,
with lease payments suspended for the term of the lease, if the
country entering into the lease of the vessel simultaneously
enters into a foreign military sales agreement for the transfer
of title to the leased vessel. Delivery of title to the
purchasing country shall not be made until the purchase price
of the vessel has been paid in full. Upon delivery of title to
the purchasing country, the lease shall terminate.
(C) If the purchasing country fails to make full payment of
the purchase price by the date required under the sales
agreement, the sales agreement shall be immediately terminated,
the suspension of lease payments under the lease shall be
vacated, and the United States shall retain all funds received
on or before the date of the termination under the sales
agreement, up to the amount of the lease payments due and
payable under the lease and all other costs required by the
lease to be paid to that date. No interest shall be payable to
the recipient by the United States on any amounts that are paid
to the United States by the recipient under the sales agreement
and are not retained by the United States under the lease.
(c) Requirement for Provision in Advance in an Appropriations
Act.--Authority to transfer vessels on a sale or combined lease-sale
basis under subsection (a) shall be effective only to the extent that
authority to effectuate such transfers, together with appropriations to
cover the associated cost (as defined in section 502 of the
Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C.
661a)), are provided in advance in an appropriations Act.
(d) Notification of Congress.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of the Navy shall
submit to Congress, for each naval vessel that is to be transferred
under this section before January 1, 1999, the notifications required
under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j) and section 525 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
Stat. 2413).
(e) Grants not Counted in Annual Total of Transferred Excess
Defense Articles.--The value of the 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
counted for the purposes of that section in the aggregate value of
excess defense articles transferred to countries under that section in
any fiscal year.
(f) Costs of Transfers.--Any expense of the United States in
connection with a transfer authorized by subsection (a) shall be
charged to the recipient (notwithstanding section 516(e)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)(1)) in the case of a
transfer authorized to be made on a grant basis under subsection (a)).
(g) Repair and Refurbishment in United States Shipyards.--The
Secretary of the Navy shall require, as a condition of the transfer of
a vessel under this section, 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.
(h) Expiration of Authority.--The authority to transfer a vessel
under subsection (a) shall expire at the end of the two-year period
beginning on the date of the enactment of this Act.
SEC. 1014. SENSE OF CONGRESS CONCERNING THE NAMING OF AN LPD-17 VESSEL.
It is the sense of Congress that, consistent with section 1018 of
the National Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat. 425), the next unnamed vessel of the LPD-17 class of
amphibious vessels should be named the U.S.S. Clifton B. Cates, in
honor of Marine General Clifton B. Cates (1893-1970), a native of
Tennessee whose distinguished career of service in the Marine Corps
included combat service in World War I so heroic that he became the
most decorated Marine Corps officer of World War I, included exemplary
combat leadership from Guadalcanal to Tinian and Iwo Jima and beyond in
the Pacific Theater during World War II, and culminated in Lieutenant
General Cates being appointed the 19th Commandant of the Marine Corps,
a position in which he led the Marine Corps' efficient and alacritous
response to the invasion of the Republic of South Korea by Communist
North Korea.
SEC. 1015. CONVEYANCE OF NDRF VESSEL EX-U.S.S. LORAIN COUNTY.
(a) Authority To Convey.--The Secretary of Transportation may
convey all right, title, and interest of the Federal Government in and
to the vessel ex-U.S.S. LORAIN COUNTY (LST-1177) to the Ohio War
Memorial, Inc., located in Sandusky, Ohio (in this section referred to
as the ``recipient''), for use as a memorial to Ohio veterans.
(b) Terms of Conveyance.--
(1) Delivery of vessel.--In carrying out subsection (a),
the Secretary shall deliver the vessel--
(A) at the place where the vessel is located on the
date of conveyance;
(B) in its condition on that date; and
(C) at no cost to the Federal Government.
(2) Required conditions.--The Secretary may not convey a
vessel under this section unless--
(A) the recipient agrees to hold the Government
harmless for any claims arising from exposure to
hazardous materials, including asbestos and
polychlorinated biphenyls, after conveyance of the
vessel, except for claims arising before the date of
the conveyance of from use of the vessel by the
Government after that date; and
(B) the recipient has available, for use to restore
the vessel, in the form of cash, liquid assets, or a
written loan commitment, financial resources of at
least $100,000.
(3) Additional terms.--The Secretary may require such
additional terms and conditions in connection with the
conveyance authorized by this section as the Secretary
considers appropriate.
(c) Other Unneeded Equipment.--The Secretary may convey to the
recipient of the vessel conveyed under this section any unneeded
equipment from other vessels in the National Defense Reserve Fleet, for
use to restore the vessel conveyed under this section to museum
quality.
SEC. 1016. HOMEPORTING OF THE U.S.S. IOWA BATTLESHIP IN SAN FRANCISCO.
It is the sense of Congress that the U.S.S. Iowa should be
homeported at the Port of San Francisco, California.
SEC. 1017. SHIP SCRAPPING PILOT PROGRAM.
(a) In General.--The Secretary of the Navy shall carry out a vessel
scrapping pilot program within the United States during fiscal years
1999 and 2000. The scope of the program shall be that which the
Secretary determines is sufficient to gather data on the cost of
scrapping Government vessels domestically and to demonstrate cost
effective technologies and techniques to scrap such vessels in a manner
that is protective of worker safety and health and the environment.
(b) Contract Award.--(1) The Secretary shall award a contract or
contracts under subsection (a) to the offeror or offerors that the
Secretary determines will provide the best value to the United States,
taking into account such factors as the Secretary considers
appropriate.
(2) In making a best value determination under this subsection, the
Secretary shall give a greater weight to technical and performance-
related factors than to cost and price-related factors.
(3) The Secretary shall give significant weight to the technical
qualifications and past performance of the contractor and the major
subcontractors or team members of the contractor in complying with
applicable Federal, State, and local laws and regulations for
environmental and worker protection. In accordance with the
requirements of the Federal Acquisition Regulation, in the case of an
offeror without a record of relevant past performance or for whom
information on past performance is not available, the offeror may not
be evaluated favorably or unfavorably on past performance.
(c) Contract Terms and Conditions.--The contract or contracts
awarded by the Secretary pursuant to subsection (b) shall, at a
minimum, provide for--
(1) the transfer of the vessel or vessels to the contractor
or contractors;
(2) the sharing, by any appropriate contracting method, of
the costs of scrapping the vessel or vessels between the
Government and the contractor or contractors;
(3) a performance incentive for a successful record of
environmental and worker protection; and
(4) Government access to contractor records in accordance
with the requirements of section 2313 of title 10, United
States Code.
(d) Reports.--(1) Not later than September 30, 1999, the Secretary
of the Navy shall submit an interim report on the pilot program to the
congressional defense committees. The report shall contain the
following:
(A) The procedures used for the solicitation and award of a
contract or contracts under the pilot program.
(B) The contract or contracts awarded under the pilot
program.
(2) Not later than September 30, 2000, the Secretary of the Navy
shall submit a final report on the pilot program to the congressional
defense committees. The report shall contain the following:
(A) The results of the pilot program and the performance of
the contractors under such program.
(B) The Secretary's procurement strategy for future ship
scrapping activities.
Subtitle C--Miscellaneous Report Requirements and Repeals
SEC. 1021. REPEAL OF REPORTING REQUIREMENTS.
(a) Reports Required by Title 10.--
(1) Health and medical care studies and demonstrations.--
Section 1092(a) of title 10, United States Code, is amended by
striking out paragraph (3).
(2) Annual report on use of money rentals for leases of
non-excess property.--Section 2667(d) of title 10, United
States Code, is amended--
(A) in paragraph (1)(A)(ii), by striking out
``paragraph (4) or (5)'' and inserting in lieu thereof
``paragraph (3) or (4)''.
(B) by striking out paragraph (3); and
(C) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively.
(b) Report Required by Military Construction Authorization Act.--
Section 2819 of the National Defense Authorization Act, Fiscal Year
1989 (Public Law 100-456; 102 Stat. 2119; 10 U.S.C. 2391 note,),
relating to the Commission on Alternative Utilization of Military
Facilities, is amended--
(1) in subsection (a) by striking out ``(a) Establishment
of Commission.--''; and
(2) by striking out subsections (b) and (c).
SEC. 1022. REPORT ON DEPARTMENT OF DEFENSE FINANCIAL MANAGEMENT
IMPROVEMENT PLAN.
Not later than 60 days after the date on which the Secretary of
Defense submits the first biennial financial management improvement
plan required by section 2222 of title 10, United States Code, the
Comptroller General shall submit to Congress an analysis of the plan.
The analysis shall include a discussion of the content of the plan and
the extent to which the plan--
(1) complies with the requirements of such section 2222;
and
(2) is a workable plan for addressing the financial
management problems of the Department of Defense.
SEC. 1023. FEASIBILITY STUDY OF PERFORMANCE OF DEPARTMENT OF DEFENSE
FINANCE AND ACCOUNTING FUNCTIONS BY PRIVATE SECTOR
SOURCES OR OTHER FEDERAL GOVERNMENT SOURCES.
(a) Study Required.--The Secretary of Defense shall carry out a
study of the feasibility and advisability of selecting on a competitive
basis the source or sources for performing the finance and accounting
functions of the Department of Defense from among private sector
sources, the Defense Finance and Accounting Service of the Department
of Defense, the military departments, and other Federal Government
agencies.
(b) Report.--Not later than October 1, 1999, the Secretary shall
submit a written report on the results of the study to Congress. The
report shall include the following:
(1) A discussion of how the finance and accounting
functions of the Department of Defense are performed, including
the necessary operations, the operations actually performed,
the personnel required for the operations, and the core
competencies that are necessary for the performance of those
functions.
(2) A comparison of the performance of the finance and
accounting functions by the Defense Finance and Accounting
Service with the performance of finance and accounting
functions by the other sources referred to in subsection (a)
that exemplify the best finance and accounting practices and
results, together with a comparison of the costs of the
performance of such functions by the Defense Finance and
Accounting Service and the estimated costs of the performance
of such functions by those other sources.
(3) The finance and accounting functions, if any, that are
appropriate for performance by those other sources, together
with a concept of operations that--
(A) specifies the mission;
(B) identifies the finance and accounting
operations to be performed;
(C) describes the work force that is necessary to
perform those operations;
(D) discusses where the operations are to be
performed;
(E) describes how the operations are to be
performed; and
(F) discusses the relationship between how the
operations are to be performed and the mission.
(4) An analysis of how Department of Defense programs or
processes would be affected by the performance of the finance
and accounting functions of the Department of Defense by one or
more of those other sources.
(5) The status of the efforts within the Department of
Defense to consolidate and eliminate redundant finance and
accounting systems and to better integrate the automated and
manual systems of the department that provide input to
financial management or accounting systems of the department.
(6) A description of a feasible and effective process for
selecting, on a competitive basis, sources to perform the
finance and accounting functions of the Department of Defense
from among the sources referred to in subsection (a), including
a discussion of the selection criteria considered appropriate.
(7) Any recommended policy for selecting sources to perform
the finance and accounting functions of the Department of
Defense on a competitive basis from among the sources referred
to in subsection (a), together with such other recommendations
that the Secretary considers appropriate.
(8) An analysis of the costs and benefits of the various
policies and actions recommended.
(9) A discussion of any findings, analyses, and
recommendations of the performance of the finance and
accounting functions of the Department of Defense that have
been made by the Task Force on Defense Reform appointed by the
Secretary of Defense.
(c) Market Research.--In carrying out the study, the Secretary
shall perform market research to determine whether the availability of
responsible private sector sources of finance and accounting services
is sufficient for there to be a reasonable expectation of meaningful
competition for any contract for the procurement of finance and
accounting services for the Department of Defense.
SEC. 1024. REORGANIZATION AND CONSOLIDATION OF OPERATING LOCATIONS OF
THE DEFENSE FINANCE AND ACCOUNTING SERVICE.
(a) Limitation.--No operating location of the Defense Finance and
Accounting Service may be closed before the date that is six months
after the date on which the Secretary submits to Congress the plan
required by subsection (b).
(b) Plan Required.--The Secretary of Defense shall submit to
Congress a strategic plan for improving the financial management
operations at each of the operating locations of the Defense Finance
and Accounting Service.
(c) Content of Plan.--The plan shall include, at a minimum, the
following:
(1) The workloads that it is necessary to perform at the
operating locations each fiscal year.
(2) The capacity and number of operating locations that are
necessary for performing the workloads.
(3) A discussion of the costs and benefits that could
result from reorganizing the operating locations of the Defense
Finance and Accounting Service on the basis of function
performed, together with the Secretary's assessment of the
feasibility of carrying out such a reorganization.
(d) Submittal of Plan.--The plan shall be submitted to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives not later than December 15,
1998.
SEC. 1025. REPORT ON INVENTORY AND CONTROL OF MILITARY EQUIPMENT.
(a) Report Required.--Not later than March 1, 1999, the Secretary
of Defense shall submit to the Committee on Armed Services of the
Senate and the Committee on National Security of 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
1998. 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 fiscal
year.
(3) For each item of military equipment that cannot be
reconciled--
(A) an explanation of why the quantities cannot be
reconciled; and
(B) a discussion of the remedial actions planned to
be taken, including target dates for accomplishing the
remedial actions.
(4) Supporting schedules identifying the location of each
item that are available to Congress or auditors of the
Comptroller General upon request.
(c) Military Equipment Defined.--For the purposes of this section,
the term ``military equipment'' means all equipment that is used in
support of military missions and is maintained on the visibility
systems of the Army, Navy, Air Force, or Marine Corps.
(d) Inspector General Review.--Not later than June 1, 1999, the
Inspector General of the Department of Defense shall review the report
submitted to the committees under subsection (a) and shall submit to
the committees any comments that the Inspector General considers
appropriate.
SEC. 1026. REPORT ON CONTINUITY OF ESSENTIAL OPERATIONS AT RISK OF
FAILURE BECAUSE OF COMPUTER SYSTEMS THAT ARE NOT YEAR
2000 COMPLIANT.
(a) Findings.--Congress makes the following findings:
(1) Because of the way computers store and process dates,
most computers will not function properly, or at all, after
January 1, 2000, a problem that is commonly referred to as the
year 2000 problem.
(2) The United States Government is currently conducting a
massive program to identify and correct computer systems that
suffer from the year 2000 problem.
(3) The cost to the Department of Defense of correcting
this problem in its computer systems has been estimated to be
more than $1,000,000,000.
(4) Other nations have failed to initiate aggressive action
to identify and correct the year 2000 problem within their own
computers.
(5) Unless other nations initiate aggressive actions to
ensure the reliability and stability of certain communications
and strategic systems, United States nationally security may be
jeopardized.
(b) Report Required.--The Secretary of Defense and the Director of
Central Intelligence shall jointly submit to the Committee on Armed
Services of the Senate and the Committee on National Security of the
House of Representatives a report on the plans of the Department of
Defense and the intelligence community for ensuring the continuity of
performance of essential operations that are at risk of failure because
of computer systems and other information and support systems that are
not year 2000 compliant.
(c) Content.--The report shall contain, at a minimum, the
following:
(1) A prioritization of mission critical systems to ensure
that the most critical systems have the highest priority for
efforts to reprogram computers to be year 2000 compliant.
(2) A discussion of the private and other public
information and support systems relied on by the national
security community, including the intelligence community, and
the efforts under way to ensure that those systems are year
2000 compliant.
(3) The efforts under way to repair the underlying
operating systems and infrastructure.
(4) The plans for comprehensive testing of Department of
Defense systems, including simulated operational tests in
mission areas.
(5) A comprehensive contingency plan, for the entire
national security community, which provides for resolving
emergencies resulting from a system that is not year 2000
compliant and includes provision for the creation of crisis
action teams for use in resolving such emergencies.
(6) A discussion of the efforts undertaken to ensure the
continued reliability of service on the systems used by the
President and other leaders of the United States for
communicating with the leaders of other nations.
(7) A discussion of the vulnerability of allied armed
forces to failure systems that are not, or have critical
components that are not, year 2000 compliant, together with an
assessment of the potential problems for interoperability among
the Armed Forces of the United States and allied armed forces
because of the potential for failure of such systems.
(8) An estimate of the total cost of making the computer
systems and other information and support systems comprising
the computer networks of the Department of Defense and the
intelligence community year 2000 compliant.
(9) The countries that have critical computer-based systems
any disruption of which, due to not being year 2000 compliant,
would cause a significant potential national security risk to
the United States.
(10) A discussion of the cooperative arrangements between
the United States and other nations to assist those nations in
identifying and correcting (to the extent necessary to meet
national security interests of the United States) any problems
in their communications and strategic systems, or other systems
identified by the Secretary of Defense, that make the systems
not year 2000 compliant.
(11) A discussion of the threat posed to the national
security interests of the United States from any potential
failure of strategic systems of foreign countries that are not
year 2000 compliant.
(d) Submittal.--The report shall be submitted not later than March
31, 1999, in classified form and, as necessary, unclassified form.
(e) International Cooperative Arrangements.--The Secretary of
Defense, with the concurrence of the Secretary of State may enter into
a cooperative arrangement with a representative of any foreign
government to provide for the United States to assist the foreign
government in identifying and correcting (to the extent necessary to
meet national security interests of the United States) any problems in
communications, strategic, or other systems of that foreign government
that make the systems not year 2000 compliant.
(f) Year 2000 Compliant.--In this section, the term ``year 2000
compliant'', with respect to a computer system or any other information
or support system, means that the programs of the system correctly
recognize dates in years after 1999 as being dates after 1999 for the
purposes of program functions for which the correct date is relevant to
the performance of the functions.
SEC. 1027. REPORTS ON NAVAL SURFACE FIRE-SUPPORT CAPABILITIES.
(a) Navy Report.--(1) Not later than March 31, 1999, the Secretary
of the Navy shall submit to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives a report on battleship readiness for meeting
requirements of the Armed Forces for naval surface fire support.
(2) The report shall contain the following:
(A) The reasons for the Secretary's failure to comply with
the requirements of section 1011 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110
Stat. 421) until February 1998.
(B) The requirements for Air-Naval Gunfire Liaison
Companies.
(C) The plans of the Navy for retaining and maintaining 16-
inch ammunition for the main guns of battleships.
(D) The plans of the Navy for retaining the hammerhead
crane essential for lifting battleship turrets.
(E) An estimate of the cost of reactivating Iowa-class
battleships for listing on the Naval Vessel Register, restoring
the vessels to seaworthiness with operational capabilities
necessary to meet requirements for naval surface fire-support,
and maintaining the battleships in that condition for continued
listing on the register, together with an estimate of the time
necessary to reactivate and restore the vessels to that
condition.
(3) The Secretary shall act through the Director of Expeditionary
Warfare Division (N85) of the Office of the Chief of Naval Operations
in preparing the report.
(b) GAO Report.--(1) The Comptroller General shall submit to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives a report on the naval surface
fire-support capabilities of the Navy.
(2) The report shall contain the following:
(A) An assessment of the extent of the compliance by the
Secretary of the Navy with the requirements of section 1011 of
the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 421).
(B) The plans of the Navy for executing the naval surface
fire-support mission of the Navy.
(C) An assessment of the short-term costs and the long-term
costs associated with the plans.
(D) An assessment of the short-term costs and the long-term
costs associated with alternative methods for executing the
naval surface fire-support mission of the Navy, including the
alternative of reactivating two battleships.
SEC. 1028. REPORT ON ROLES IN DEPARTMENT OF DEFENSE AVIATION ACCIDENT
INVESTIGATIONS.
(a) Report Required.--Not later than March 31, 1999, the Secretary
of Defense shall submit to Congress a report on the roles of the Office
of the Secretary of Defense and the Joint Staff in the investigation of
Department of Defense aviation accidents.
(b) Content of Report.--The report shall include the following:
(1) An assessment of whether the Office of the Secretary of
Defense and the Joint Staff should have more direct involvement
in the investigation of military aviation accidents.
(2) The advisability of the Office of the Secretary of
Defense, the Joint Staff, or another Department of Defense
entity independent of the military departments supervising the
conduct of aviation accident investigations.
(3) An assessment of the minimum training and experience
required for aviation accident investigation board presidents
and board members.
SEC. 1029. STRATEGIC PLAN FOR EXPANDING DISTANCE LEARNING INITIATIVES.
(a) Plan Required.--The Secretary of Defense shall develop a
strategic plan for guiding and expanding distance learning initiatives
within the Department of Defense. The plan shall provide for an
expansion of such initiatives over five consecutive fiscal years
beginning with fiscal year 2000.
(b) Content of Plan.--The strategic plan shall, at a minimum,
contain the following:
(1) A statement of measurable goals and objectives and
outcome-related performance indicators (consistent with section
1115 of title 31, United States Code, relating to agency
performance plans) for the development and execution of
distance learning initiatives throughout the Department of
Defense.
(2) A detailed description of how distance learning
initiatives are to be developed and managed within the
Department of Defense.
(3) An assessment of the estimated costs and the benefits
associated with developing and maintaining an appropriate
infrastructure for distance learning.
(4) A statement of planned expenditures for the investments
necessary to build and maintain the infrastructure.
(5) A description of the mechanisms that are to be used to
supervise the development and coordination of the distance
learning initiatives of the Department of Defense.
(c) Relationship to Existing Initiative.--In developing the
strategic plan, the Secretary may take into account the ongoing
collaborative effort among the Department of Defense, other Federal
agencies, and private industry that is known as the Advanced
Distribution Learning initiative. However, the Secretary shall ensure
that the strategic plan is specifically focused on the training and
education goals and objectives of the Department of Defense.
(d) Submission to Congress.--The Secretary of Defense shall submit
the strategic plan to Congress not later than March 1, 1999.
SEC. 1030. REPORT ON INVOLVEMENT OF ARMED FORCES IN CONTINGENCY AND
ONGOING OPERATIONS.
(a) Report Required.--Not later than January 31, 1999, the
Secretary of Defense shall submit to the congressional defense
committees a report on the involvement of the Armed Forces of the
United States in major contingency operations and major ongoing
operations since the end of the Persian Gulf War, including such
operations as the involvement in the Stabilization Force in Bosnia and
Herzegovina, Operation Southern Watch, and Operation Northern Watch.
The report shall contain the following:
(1) A discussion of the effects of that involvement on
retention and reenlistment of personnel in the Armed Forces.
(2) The extent to which the use of combat support and
combat service support personnel and equipment of the Armed
Forces in the operations has resulted in shortages of Armed
Forces personnel and equipment in other regions of the world.
(3) The accounts from which funds have been drawn to pay
for the operations and the specific programs for which the
funds were available until diverted to pay for the operations.
(4) The vital interests of the United States that are
involved in each operation or, if none, the interests of the
United States that are involved in each operation and a
characterization of those interests.
(5) What clear and distinct objectives guide the activities
of United States forces in each operation.
(6) What the President has identified on the basis of those
objectives as the date, or the set of conditions, that defines
the end of each operation.
(b) Form of Report.--The report shall be submitted in unclassified
form, but may also be submitted in a classified form if necessary.
(c) Major Operation Defined.--For the purposes of this section, a
contingency operation or an ongoing operation is a major contingency
operation or a major ongoing operation, respectively, if the operation
involves more than 500 members of the Armed Forces.
SEC. 1031. SUBMISSION OF REPORT ON OBJECTIVES OF A CONTINGENCY
OPERATION WITH FIRST REQUEST FOR FUNDING THE OPERATION.
(a) Findings.--Congress makes the following findings:
(1) On May 3, 1994, the President issued Presidential
Decision Directive 25 declaring that American participation in
United Nations and other peace operations would depend in part
on whether the role of United States forces is tied to clear
objectives and an endpoint for United States participation can
be identified.
(2) Between that date and mid-1998, the President and other
executive branch officials have obligated or requested
appropriations of approximately $9,400,000,000 for military-
related operations throughout Bosnia and Herzegovina without
providing to Congress, in conjunction with the budget
submission for any fiscal year, a strategic plan for such
operations under the criteria set forth in that Presidential
Decision Directive.
(3) Between November 27, 1995, and mid-1998 the President
has established three deadlines, since elapsed, for the
termination of United States military-related operations
throughout Bosnia and Herzegovina.
(4) On December 17, 1997, the President announced that
United States ground combat forces would remain in Bosnia and
Herzegovina for an unknown period of time.
(5) Approximately 47,880 United States military personnel
(excluding personnel serving in units assigned to the Republic
of Korea) have participated in 14 international contingency
operations between fiscal years 1991 and 1998.
(6) The 1998 posture statements of the Navy and Air Force
included declarations that the pace of military operations over
fiscal year 1997 adversely affected the readiness of non-
deployed forces, personnel retention rates, and spare parts
inventories of the Navy and Air Force.
(b) Information To Be Reported With Funding Request.--Section 113
of title 10, United States Code, is amended by adding at the end the
following:
``(l) Information To Accompany Initial Funding Request for
Contingency Operation.--Whenever the President submits to Congress a
request for appropriations for costs associated with a contingency
operation that involves, or likely will involve, the deployment of more
than 500 members of the armed forces, the Secretary of Defense shall
submit to Congress a report on the objectives of the operation. The
report shall include a discussion of the following:
``(1) What clear and distinct objectives guide the
activities of United States forces in the operation.
``(2) What the President has identified on the basis of
those objectives as the date, or the set of conditions, that
defines the endpoint of the operation.''.
SEC. 1032. REPORTS ON THE DEVELOPMENT OF THE EUROPEAN SECURITY AND
DEFENSE IDENTITY.
(a) Requirement for Reports.--The Secretary of Defense shall submit
to the congressional defense committees in accordance with this section
reports on the development of the European Security and Defense
Identity (ESDI) within the NATO Alliance that would enable the Western
European Union (WEU), with the consent of the NATO Alliance, to assume
the political control and strategic direction of NATO assets and
capabilities made available by the Alliance.
(b) Reports To Be Submitted.--The reports required to be submitted
under subsection (a) are as follows:
(1) An initial report, submitted not later than December
15, 1998, that contains a discussion of the actions taken, and
the plans for future actions, to build the European Security
and Defense Identity, together with the matters required under
subsection (c).
(2) A semiannual report on the progress made toward
establishing the European Security and Defense Identity,
submitted not later than March 15 and December 15 of each year
after 1998.
(c) Content of Reports.--The Secretary shall include in each report
under this section the following:
(1) A discussion of the arrangements between NATO and the
Western European Union for the release, transfer, monitoring,
return, and recall of NATO assets and capabilities.
(2) A discussion of the development of such planning and
other capabilities by the Western European Union that are
necessary to provide political control and strategic direction
of NATO assets and capabilities.
(3) A discussion of the development of terms of reference
for the Deputy Supreme Allied Commander, Europe, with respect
to the European Security and Defense Identity.
(4) A discussion of the arrangements for the assignment or
appointment of NATO officers to serve in two positions
concurrently (commonly referred to as ``dual-hatting'').
(5) A discussion of the development of the Combined Joint
Task Force (CJTF) concept, including lessons-learning from the
NATO-led Stabilization Force in Bosnia.
(6) Identification within the NATO Alliance of the types of
separable but not separate capabilities, assets, and support
assets for Western European Union-led operations.
(7) Identification of separable but not separate
headquarters, headquarters elements, and command positions for
command and conduct of Western European Union-led operations.
(8) The conduct by NATO, at the request of and in
coordination with the Western European Union, of military
planning and exercises for illustrative missions.
(9) A discussion of the arrangements between NATO and the
Western European Union for the sharing of information,
including intelligence.
(10) Such other information as the Secretary considers
useful for a complete understanding of the establishment of the
European Security and Defense Identity within the NATO
Alliance.
(d) Termination of Semiannual Reporting Requirement.--No report is
required under subsection (b)(2) after the Secretary submits under that
subsection a report in which the Secretary states that the European
Security and Defense Identity has been fully established.
SEC. 1033. REPORT ON REDUCTION OF INFRASTRUCTURE COSTS AT BROOKS AIR
FORCE BASE, TEXAS.
(a) Requirement.--Not later than December 31, 1998, the Secretary
of the Air Force shall, in consultation with the Secretary of Defense,
submit to the congressional defense committees a report on means of
reducing significantly the infrastructure costs at Brooks Air Force
Base, Texas, while also maintaining or improving the support for
Department of Defense missions and personnel provided through Brooks
Air Force Base.
(b) Elements.--The report shall include the following:
(1) A description of any barriers (including barriers under
law and through policy) to improved infrastructure management
at Brooks Air Force Base.
(2) A description of means of reducing infrastructure
management costs at Brooks Air Force Base through cost-sharing
arrangements and more cost-effective utilization of property.
(3) A description of any potential public partnerships or
public-private partnerships to enhance management and
operations at Brooks Air Force Base.
(4) An assessment of any potential for expanding
infrastructure management opportunities at Brooks Air Force
Base as a result of initiative considered at the Base or at
other installations.
(5) An analysis (including appropriate data) on current and
projected costs of the ownership or lease of Brooks Air Force
Base under a variety of ownership or leasing scenarios,
including the savings that would accrue to the Air Force under
such scenarios and a schedule for achieving such savings.
(6) Any recommendations relating to reducing the
infrastructure costs at Brooks Air Force Base that the
Secretary considers appropriate.
SEC. 1034. ANNUAL GAO REVIEW OF F/A-18E/F AIRCRAFT PROGRAM.
(a) Review and Report Required.--Not later than June 15 of each
year, the Comptroller General shall review the F/A-18E/F aircraft
program and submit to Congress a report on the results of the review.
The Comptroller General shall also submit to Congress with each report
a certification regarding whether the Comptroller General has had
access to sufficient information to make informed judgments on the
matters covered by the report.
(b) Content of Report.--The report submitted on the program each
year shall include the following:
(1) The extent to which engineering and manufacturing
development and operational test and evaluation under the
program are meeting the goals established for engineering and
manufacturing development and operational test and evaluation
under the program, including the performance, cost, and
schedule goals.
(2) The status of modifications expected to have a
significant effect on the cost or performance of the F/A-18E/F
aircraft.
(c) Duration of Requirement.--The Comptroller General shall submit
the first report under this section not later than June 15, 1999. No
report is required under this section after the full rate production
contract is awarded under the program.
(d) Requirement to Support Annual GAO Review.--The Secretary of
Defense and the prime contractors under the F/A-18E/F aircraft program
shall timely provide the Comptroller General with such information on
the program, including information on program performance, as the
Comptroller General considers necessary to carry out the
responsibilities under this section.
SEC. 1035. REVIEW AND REPORT REGARDING THE DISTRIBUTION OF NATIONAL
GUARD RESOURCES AMONG STATES.
(a) Requirement for Review.--The Chief of the National Guard Bureau
shall review the process used for allocating and distributing
resources, including all categories of full-time manning, among the
States for the National Guard of the States.
(b) Purpose of Review.--The purpose of the review is to determine
whether the process provides for adequately funding the National Guard
of the States that have within the National Guard no unit or few (15 or
less) units categorized in readiness tiers I, II, and III.
(c) Matters Reviewed.--The matters reviewed shall include the
following:
(1) The factors considered for the process of determining
the distribution of resources, including the weights assigned
to the factors.
(2) The extent to which the process results in funding for
the units of the States described in subsection (b) at the
levels necessary to optimize the preparedness of the units to
meet the mission requirements applicable to the units.
(3) The effects that funding at levels determined under the
process will have on the National Guard of those States in the
future, including the effects on all categories of full-time
manning, and unit readiness, recruitment, and continued use of
existing National Guard armories and other facilities.
(d) Report.--Not later than March 15, 1999, the Chief of the
National Guard Bureau shall submit a report on the results of the
review to the congressional defense committees.
SEC. 1036. REPORT ON THE PEACEFUL EMPLOYMENT OF FORMER SOVIET EXPERTS
ON WEAPONS OF MASS DESTRUCTION.
(a) Report Required.--Not later than January 31, 1999, the
Secretary of Defense shall submit to the congressional defense
committees a report on the need for and the feasibility of programs,
other than those involving the development or promotion of commercially
viable proposals, to further United States nonproliferation objectives
regarding former Soviet experts in ballistic missiles or weapons of
mass destruction. The report shall contain an analysis of the
following:
(1) The number of such former Soviet experts who are, or
are likely to become within the coming decade, unemployed,
underemployed, or unpaid and, therefore, at risk of accepting
export orders, contracts, or job offers from countries
developing weapons of mass destruction.
(2) The extent to which the development of nonthreatening,
commercially viable products and services, with or without
United States assistance, can reasonably be expected to employ
such former experts.
(3) The extent to which projects that do not involve the
development of commercially viable products or services could
usefully employ additional such former experts.
(4) The likely cost and benefits of a 10-year program of
United States or international assistance to projects of the
sort discussed in paragraph (3).
(b) Consultation Requirement.--The report shall be prepared in
consultation with the Secretary of State, the Secretary of Energy, and
such other officials as the Secretary of Defense considers appropriate.
Subtitle D--Other Matters
SEC. 1041. COOPERATIVE COUNTERPROLIFERATION PROGRAM.
(a) Assistance Authorized.--Subject to subsection (b), the
Secretary of Defense may provide a foreign country or any of its
instrumentalities with assistance that the Secretary determines
necessary for destroying, removing, or obtaining from that country--
(1) weapons of mass destruction; or
(2) materials, equipment, or technology related to the
delivery or development of weapons of mass destruction.
(b) Certification Required.--(1) Not later than 15 days before
providing assistance under subsection (a) regarding weapons, materials,
equipment, or technology referred to in that subsection, the Secretary
of Defense shall certify to the congressional defense committees that
the weapons, materials, equipment, or technology meet each of the
following requirements:
(A) The weapons, materials, equipment, or technology are at
risk of being sold or otherwise transferred to a restricted
foreign state or entity.
(B) The transfer of the weapons, materials, equipment, or
technology would pose a significant threat to national security
interests of the United States or would significantly advance a
foreign country's weapon program that threatens national
security interests of the United States.
(C) Other options for securing or otherwise preventing the
transfer of the weapons, materials, equipment, or technology
have been considered and rejected as ineffective or inadequate.
(2) The Secretary may waive the deadline for submitting a
certification required under paragraph (1) in any case if the Secretary
determines that compliance with the requirement would compromise
national security objectives of the United States in that case. The
Secretary shall promptly notify the Chairman and ranking minority
members of the congressional defense committees regarding the waiver
and submit the certification not later than 45 days after completing
the action of providing the assistance in the case.
(3) No assistance may be provided under subsection (a) in any case
unless the Secretary submits the certification required under paragraph
(1) or a notification required under paragraph (2) in such case.
(c) Annual Reports.--(1) Not later than January 30 of each year,
the Secretary of Defense shall submit to the congressional defense
committees a report on the activities carried out under this section.
The first annual report shall be submitted not later than January 30,
2000.
(2) Each annual report shall set forth in separate sections for the
previous year the following:
(A) The assistance provided under this section and the
purposes for which provided.
(B) The sources of funds for the assistance provided.
(C) Any assistance provided for the Department of Defense
under this section by any other department or agency of the
Federal Government, together with the source or sources of that
assistance.
(D) Any other information that the Secretary considers
appropriate for informing the appropriate congressional
committees about actions taken under this section.
(d) Definitions.--In this section:
(1) The term ``restricted foreign state or entity'', with
respect to weapons, materials, equipment, or technology covered
by a certification of the Secretary of Defense under subsection
(b), means--
(A) any foreign country the government of which has
repeatedly provided support for acts of international
terrorism, as determined by the Secretary of State
determines under section 620A of the Foreign Assistance
Act of 1961 (22 U.S.C. 2371); or
(B) any foreign state or entity that the Secretary
of Defense determines would constitute a military
threat to the territory of the United States, national
security interests of the United States, or allies of
the United States, if that foreign state or entity were
to possess the weapons, materials, equipment, or
technology.
(2) The term ``weapon of mass destruction'' has the meaning
given that term in section 1402 of the Defense Against Weapons
of Mass Destruction Act of 1996 (50 U.S.C. 2302(1)).
SEC. 1042. EXTENSION OF COUNTERPROLIFERATION AUTHORITIES FOR SUPPORT OF
UNITED NATIONS SPECIAL COMMISSION ON IRAQ.
Section 1505 of the Weapons of Mass Destruction Control Act of 1992
(title XV of Public Law 102-484; 22 U.S.C. 5859a) is amended--
(1) in subsection (d)(3), by striking out ``or $15,000,000
for fiscal year 1998'' and inserting in lieu thereof ``or
$15,000,000 for each of fiscal years 1998 and 1999''; and
(2) in subsection (f), by striking out ``fiscal year 1998''
and inserting in lieu thereof ``fiscal year 1999''.
SEC. 1043. ONE-YEAR EXTENSION OF LIMITATION ON RETIREMENT OR
DISMANTLEMENT OF STRATEGIC NUCLEAR DELIVERY SYSTEMS.
Section 1302 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 1948) is amended--
(1) by striking out ``during fiscal year 1998'' each place
it appears and inserting in lieu thereof ``during any fiscal
year''; and
(2) by adding at the end the following:
``(g) Applicability to Fiscal Years 1998 and 1999.--This section
applies to fiscal years 1998 and 1999.''.
SEC. 1044. DIRECT-LINE COMMUNICATION BETWEEN UNITED STATES AND RUSSIAN
COMMANDERS OF STRATEGIC FORCES.
(a) Sense of Congress.--It is the sense of Congress that a direct
line of communication between the commanders in chief of the United
States Strategic and Space Commands and the Commander of the Russian
Strategic Rocket Forces could be a useful confidence-building tool.
(b) Report.--Not later than two months after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and to the Committee on
National Security of the House of Representatives a report on the
feasibility of initiating discussions on direct-line communication
described in subsection (a).
SEC. 1045. CHEMICAL WARFARE DEFENSE.
(a) Review and Modification of Policies and Doctrine.--The
Secretary of Defense shall review the policies and doctrines of the
Department of Defense on chemical warfare defense and modify the
policies and doctrine as appropriate to achieve the objectives set
forth in subsection (b).
(b) Objectives.--The objectives for the modification of policies
and doctrines of the Department of Defense on chemical warfare defense
are as follows:
(1) To provide for adequate protection of personnel from
any low-level exposure to a chemical warfare agent that would
endanger the health of exposed personnel because of the
deleterious effects of--
(A) a single exposure to the agent;
(B) exposure to the agent concurrently with other
dangerous exposures, such as exposures to--
(i) other potentially toxic substances in
the environment, including pesticides, other
insect and vermin control agents, and
environmental pollutants;
(ii) low-grade nuclear and electromagnetic
radiation present in the environment;
(iii) preventive medications (that are
dangerous when taken concurrently with other
dangerous exposures referred to in this
paragraph); and
(iv) occupational hazards, including
battlefield hazards; and
(C) repeated exposures to the agent, or some
combination of one or more exposures to the agent and
other dangerous exposures referred to in subparagraph
(B), over time.
(2) To provide for--
(A) the prevention of and protection against, and
the detection (including confirmation) of, exposures to
a chemical warfare agent (whether intentional or
inadvertent) at levels that, even if not sufficient to
endanger health immediately, are greater than the level
that is recognized under Department of Defense policies
as being the maximum safe level of exposure to that
agent for the general population; and
(B) the recording, reporting, coordinating, and
retaining of information on possible exposures
described in subparagraph (A), including the monitoring
of the health effects of exposures on humans and
animals, and the documenting and reporting of those
health effects specifically by location.
(3) Provide solutions for the concerns and mission
requirements that are specifically applicable for one or more
of the Armed Forces in a protracted conflict when exposures to
chemical agents could be complex, dynamic, and occurring over
an extended period.
(c) Research Program.--The Secretary of Defense shall develop and
carry out a plan to establish a research program for determining the
effects of chronic and low-dose exposures to chemical warfare agents.
The research shall be designed to yield results that can guide the
Secretary in the evolution of policy and doctrine on low-level
exposures to chemical warfare agents. The plan shall state the
objectives and scope of the program and include a 5-year funding plan.
(d) Report.--Not later than May 1, 1999, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
on the results of the review under subsection (a) and on the research
program developed under subsection (c). The report shall include the
following:
(1) Each modification of chemical warfare defense policy
and doctrine resulting from the review.
(2) Any recommended legislation regarding chemical warfare
defense.
(3) The plan for the research program.
SEC. 1046. ACCOUNTING TREATMENT OF ADVANCE PAYMENT OF PERSONNEL.
(a) Treatment.--Section 1006 of title 37, United States Code, is
amended by adding at the end the following:
``(l) Notwithstanding any provision of chapter 15 of title 31, an
amount paid a member under this section in advance of the fiscal year
in which the member's entitlement to that amount accrues--
``(1) shall be treated as being obligated and expended in
that fiscal year; and
``(2) may not be treated as reducing the unobligated
balance of the appropriations available for military personnel,
Reserve personnel, or National Guard personnel, as the case may
be, for the fiscal year in which paid.''.
(b) Applicability.--Subsection (l) of section 1006 of title 37,
United States Code (as added by subsection (a)), shall apply to advance
payments made under such section in fiscal years beginning after
September 30, 1997.
SEC. 1047. REINSTATEMENT OF DEFINITION OF FINANCIAL INSTITUTION IN
AUTHORITIES FOR REIMBURSING DEFENSE PERSONNEL FOR
GOVERNMENT ERRORS IN DIRECT DEPOSITS OF PAY.
(a) Members of the Armed Forces.--Section 1053(d)(1) of title 10,
United States Code, is amended to read as follows:
``(1) The term `financial institution' means a bank,
savings and loan association or similar institution, or a
credit union chartered by the United States Government or a
State.''.
(b) Civilian Employees.--Section 1594(d)(1) of title 10, United
States Code, is amended to read as follows:
``(1) The term `financial institution' means a bank,
savings and loan association or similar institution, or a
credit union chartered by the United States Government or a
State.''.
SEC. 1048. PILOT PROGRAM ON ALTERNATIVE NOTICE OF RECEIPT OF LEGAL
PROCESS FOR GARNISHMENT OF FEDERAL PAY FOR CHILD SUPPORT
AND ALIMONY.
(a) Program Required.--The Secretary of Defense shall conduct a
pilot program on alternative notice procedures for withholding or
garnishment of pay for the payment of child support and alimony under
section 459 of the Social Security Act (42 U.S.C. 659).
(b) Purpose.--The purpose of the pilot program is to test the
efficacy of providing notice in accordance with subsection (c) to the
person whose pay is to be withheld or garnisheed.
(c) Notice Requirements.--Under the pilot program, if an agent
designated under paragraph (1) of section 459(c) of the Social Security
Act for members of the Armed Forces or employees of the Department of
Defense receives notice or service of a court order, notice to
withhold, or other legal process regarding a child support or alimony
obligation of such a member or employee, the agent may omit from the
notice that the agent sends to the member or employee under paragraph
(2)(A) of that section the copy of the notice or service received by
the agent. The agent shall include in the notice, which shall be in
writing, the following:
(1) A description of the court order, notice to withhold,
or other legal process.
(2) The identity of the court, administrative agency, or
official that issued the order.
(3) The case number assigned by the court, administrative
agency, or official.
(4) The amount of the obligation.
(5) The name of each person for whom the support or alimony
is provided.
(6) The name, address, and telephone number of the person
or office from which a copy of the notice or service may be
obtained.
(d) Period of Pilot Program.--The Secretary shall commence the
pilot program not later than 90 days after the date of the enactment of
this Act. The pilot program shall terminate on September 30, 2000.
(e) Report.--Not later than April 1, 2001, the Secretary shall
submit a report on the pilot program to Congress. The report shall
contain the following:
(1) The number of notices that were issued in accordance
with subsection (c) during the period of the pilot program.
(2) The number of persons who requested copies of the
notice or service of the court order, notice of withholding, or
other legal process involved.
(3) Any communication received by the Secretary or an agent
referred to in subsection (c) complaining about not being
furnished a copy of the notice or service of the court order,
notice of withholding, or other legal process with the agent's
notice.
SEC. 1049. COSTS PAYABLE TO THE DEPARTMENT OF DEFENSE AND OTHER FEDERAL
AGENCIES FOR SERVICES PROVIDED TO THE DEFENSE COMMISSARY
AGENCY.
(a) Limitation.--Section 2482(b)(1) of title 10, United States
Code, is amended by adding at the end the following: ``However, the
Defense Commissary Agency may not pay for any such service any amount
that exceeds the price at which the service could be procured in full
and open competition (as such term is defined in section 4(6) of the
Office of Federal Procurement Policy Act (41 U.S.C. 403(6)).''.
(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 services provided or obtained on or after that date.
SEC. 1050. COLLECTION OF DISHONORED CHECKS PRESENTED AT COMMISSARY
STORES.
Section 2486 of title 10, United States Code, is amended by adding
at the end the following:
``(g) Collection of Dishonored Checks.--(1) The Secretary of
Defense may impose a charge for the collection of a check accepted at a
commissary store that is not honored by the financial institution on
which the check is drawn. The imposition and amounts of charges shall
be consistent with practices of commercial grocery stores regarding
dishonored checks.
``(2)(A) The following persons are liable to the United States for
the amount of a check referred to in paragraph (1) that is returned
unpaid to the United States, together with any charge imposed under
that paragraph:
``(i) The person who presented the check.
``(ii) Any person whose status and relationship to the
person who presented the check provide the basis for that
person's eligibility to make purchases at a commissary store.
``(B) Any amount for which a person is liable under subparagraph
(A) may be collected by deducting and withholding such amount from any
amounts payable to that person by the United States.
``(3) Amounts collected as charges imposed under paragraph (1)
shall be credited to the commissary trust revolving fund.
``(4) Appropriated funds may be used to pay any costs incurred in
the collection of checks and charges referred to in paragraph (1). An
appropriation account charged a cost under the preceding sentence shall
be reimbursed the amount of that cost out of funds in the commissary
trust revolving fund.
``(5) In this subsection, the term `commissary trust revolving
fund' means the trust revolving fund maintained by the Department of
Defense for surcharge collections and proceeds of sales of commissary
stores.''.
SEC. 1051. DEFENSE COMMISSARY AGENCY TELECOMMUNICATIONS.
(a) Use of FTS2000/2001.--The Secretary of Defense shall prescribe
in regulations authority for the Defense Commissary Agency to meet its
telecommunication requirements by obtaining telecommunication services
and related items under the FTS2000/2001 contract through a frame relay
system procured for the agency.
(b) Report.--Upon the initiation of telecommunication service for
the Defense Commissary Agency under the FTS2000/2001 contract through
the frame relay system, the Secretary of Defense shall submit to
Congress a notification that the service has been initiated.
(c) Definition.--In this section, the term ``FTS2000/2001
contract'' means the contract for the provision of telecommunication
services for the Federal Government that was entered into by the
Defense Information Technology Contract Organization.
SEC. 1052. RESEARCH GRANTS COMPETITIVELY AWARDED TO SERVICE ACADEMIES.
(a) United States Military Academy.--(1) Chapter 403 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 4358. Research grants: acceptance, application, and use
``(a) Acceptance of Competitively Awarded Grants.--The
Superintendent of the Academy may accept a research grant that is
awarded on a competitive basis by a source referred to in subsection
(b) for a research project that is to be carried out by a professor or
instructor of the Academy for a scientific, literary, or educational
purpose.
``(b) Application for Grants.--A professor or instructor of the
Academy, together with the Superintendent, may apply for a research
grant referred to in subsection (a) from any corporation, fund,
foundation, educational institution, or similar entity that is
organized and operated primarily for scientific, literary, or
educational purposes.
``(c) Administration of Grant Proceeds.--The Superintendent shall
establish a special account for administering the proceeds of a
research grant accepted under subsection (a) and shall use the account
for the administration of such proceeds in accordance with applicable
regulations and the terms and conditions of the grant.
``(d) Related Expenses.--Subject to such limitations as may be
provided in appropriations Acts, appropriations available for the
Academy may be used to pay expenses incurred by the Academy in pursuit
of an award of a research grant authorized to be accepted under
subsection (a).
``(e) Regulations.--The Secretary of the Army shall prescribe in
regulations the requirements, restrictions, and conditions that the
Secretary considers appropriate for the exercise and administration of
the authority under this section.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``4358. Research grants: acceptance, application, and use.''.
(b) United States Naval Academy.--(1) Chapter 603 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 6977. Research grants: acceptance, application, and use
``(a) Acceptance of Competitively Awarded Grants.--The
Superintendent of the Academy may accept a research grant that is
awarded on a competitive basis by a source referred to in subsection
(b) for a research project that is to be carried out by a professor or
instructor of the Academy for a scientific, literary, or educational
purpose.
``(b) Application for Grants.--A professor or instructor of the
Academy, together with the Superintendent, may apply for a research
grant referred to in subsection (a) from any corporation, fund,
foundation, educational institution, or similar entity that is
organized and operated primarily for scientific, literary, or
educational purposes.
``(c) Administration of Grant Proceeds.--The Superintendent shall
establish a special account for administering the proceeds of a
research grant accepted under subsection (a) and shall use the account
for the administration of such proceeds in accordance with applicable
regulations and the terms and conditions of the grant.
``(d) Related Expenses.--Subject to such limitations as may be
provided in appropriations Acts, appropriations available for the
Academy may be used to pay expenses incurred by the Academy in pursuit
of an award of a research grant authorized to be accepted under
subsection (a).
``(e) Regulations.--The Secretary of the Navy shall prescribe in
regulations the requirements, restrictions, and conditions that the
Secretary considers appropriate for the exercise and administration of
the authority under this section.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``6977. Research grants: acceptance, application, and use.''.
(c) United States Air Force Academy.--(1) Chapter 903 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 9357. Research grants: acceptance, application, and use
``(a) Acceptance of Competitively Awarded Grants.--The
Superintendent of the Academy may accept a research grant that is
awarded on a competitive basis by a source referred to in subsection
(b) for a research project that is to be carried out by a professor or
instructor of the Academy for a scientific, literary, or educational
purpose.
``(b) Application for Grants.--A professor or instructor of the
Academy, together with the Superintendent, may apply for a research
grant referred to in subsection (a) from any corporation, fund,
foundation, educational institution, or similar entity that is
organized and operated primarily for scientific, literary, or
educational purposes.
``(c) Administration of Grant Proceeds.--The Superintendent shall
establish a special account for administering the proceeds of a
research grant accepted under subsection (a) and shall use the account
for the administration of such proceeds in accordance with applicable
regulations and the terms and conditions of the grant.
``(d) Related Expenses.--Subject to such limitations as may be
provided in appropriations Acts, appropriations available for the
Academy may be used to pay expenses incurred by the Academy in pursuit
of an award of a research grant authorized to be accepted under
subsection (a).
``(e) Regulations.--The Secretary of the Air Force shall prescribe
in regulations the requirements, restrictions, and conditions that the
Secretary considers appropriate for the exercise and administration of
the authority under this section.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``9357. Research grants: acceptance, application, and use.''.
SEC. 1053. CLARIFICATION AND SIMPLIFICATION OF RESPONSIBILITIES OF
INSPECTORS GENERAL REGARDING WHISTLEBLOWER PROTECTIONS.
(a) Roles of Inspectors General of the Armed Forces.--(1)
Subsection (c) of section 1034 of title 10, United States Code, is
amended--
(A) by striking out paragraph (1) and inserting in lieu
thereof the following:
``(1) If a member of the armed forces submits to an Inspector
General an allegation that a personnel action prohibited by subsection
(b) has been taken (or threatened) against the member with respect to a
communication described in paragraph (2), the Inspector General of the
Department of Defense or the Inspector General of the armed force
concerned shall take the action required under paragraph (3).''; and
(B) by striking out paragraph (3) and inserting in lieu
thereof the following:
``(3) The Inspector General receiving an allegation as described in
paragraph (1) shall expeditiously determine whether there is sufficient
evidence to warrant an investigation of the allegation. Upon
determining that an investigation is warranted, the Inspector General
shall expeditiously investigate the allegation. In the case of an
allegation received by the Inspector General of the Department of
Defense, the Inspector General may delegate that duty to the Inspector
General of the armed force concerned. Neither an initial determination
nor an investigation is required under this paragraph in the case of an
allegation made more than 60 days after the date on which the member
becomes aware of the personnel action that is the subject of the
allegation.
``(4) If an Inspector General within a military department receives
an allegation covered by this subsection, that Inspector General shall
promptly notify the Inspector General of the Department of Defense of
the allegation in accordance with regulations prescribed under
subsection (h).
``(5) The Inspector General of the Department of Defense, or the
Inspector General of the Department of Transportation (in the case of a
member of the Coast Guard when the Coast Guard is not operating as a
service in the Navy), shall ensure that the inspector general
conducting the investigation of an allegation under this paragraph is
outside the immediate chain of command of both the member submitting
the allegation and the individual or individuals alleged to have taken
the retaliatory action.''.
(2) Subsection (d) of such section is amended--
(A) by striking out ``the Inspector General shall conduct''
and inserting in lieu thereof ``an Inspector General shall
conduct''; and
(B) by adding at the end the following: ``In the case of an
allegation received by the Inspector General of the Department
of Defense, the Inspector General may delegate that duty to the
Inspector General of the armed force concerned.''.
(b) Mismanagement Covered by Protected Communications.--Subsection
(c)(2)(B) of such section is amended by striking out ``Mismanagement''
and inserting in lieu thereof ``Gross mismanagement''.
(c) Simplified Reporting and Notice Requirements.--(1) Paragraph
(1) of subsection (e) of such section is amended--
(A) by striking out ``the Inspector General shall submit a
report on'' and inserting in lieu thereof ``the Inspector
General conducting the investigation shall provide''; and
(B) inserting ``shall transmit a copy of the report on the
results of the investigation to'' before ``the member of the
armed forces''.
(2) Paragraph (2) of such subsection is amended by adding at the
end the following: ``However, the copy need not include summaries of
interviews conducted, nor any document acquired, during the course of
the investigation. Such items shall be transmitted to the member if the
member requests the items, whether before or after the copy of the
report is transmitted to the member.''.
(3) Paragraph (3) of such subsection is amended by striking out
``90 days'' and inserting in lieu thereof ``120 days''.
(d) Repeal of Post-Investigation Interview Requirement.--Subsection
(h) of such section is repealed.
(e) Inspector General Defined.--Subsection (j)(2) of such section
is amended--
(1) by redesignating subparagraph (B) as subparagraph (G)
and, in that subparagraph, by striking out ``an officer'' and
inserting in lieu thereof ``An officer'';
(2) by striking out subparagraph (A) and inserting in lieu
thereof the following:
``(A) The Inspector General of the Department of
Defense.
``(B) The Inspector General of the Department of
Transportation, in the case of a member of the Coast
Guard when the Coast Guard is not operating as a
service in the Navy.
``(C) The Inspector General of the Army, in the
case of a member of the Army.
``(D) The Naval Inspector General, in the case of a
member of the Navy.
``(E) The Inspector General of the Air Force, in
the case of a member of the Air Force.
``(F) The Deputy Naval Inspector General for Marine
Corps Matters, in the case of a member of the Marine
Corps.''; and
(3) in the matter preceding subparagraph (A), by striking
out ``means--'' and inserting in lieu thereof ``means the
following:''.
(f) Technical and Conforming Amendments.--(1) Subsections (i) and
(j) of such section are redesignated as subsections (h) and (i),
respectively.
(2) Subsection (b)(1)(B)(ii) of such section is amended by striking
out ``subsection (j))'' and inserting in lieu thereof ``subsection (i))
or any other Inspector General appointed under the Inspector General
Act of 1978''.
SEC. 1054. AMOUNTS RECOVERED FROM CLAIMS AGAINST THIRD PARTIES FOR LOSS
OR DAMAGE TO PERSONAL PROPERTY SHIPPED OR STORED AT
GOVERNMENT EXPENSE.
(a) In General.--Chapter 163 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2739. Amounts recovered from claims against third parties for
loss or damage to personal property shipped or stored at
Government expense
``(a) Crediting of Collections.--Amounts collected as described in
subsection (b) by or for a military department in any fiscal year shall
be credited to the appropriation that is available for that fiscal year
for the military department for the payment of claims for loss or
damage of personal property shipped or stored at Government expense.
Amounts so credited shall be merged with the funds in the appropriation
and shall be available for the same period and purposes as the funds
with which merged.
``(b) Collections Covered.--An amount authorized for crediting in
accordance with subsection (a) is any amount that a military department
collects under sections 3711, 3716, 3717 and 3721 of title 31 from a
third party for a loss or damage to personal property that occurred
during shipment or storage of the property at Government expense and
for which the Secretary of the military department paid the owner in
settlement of a claim.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2739. Amounts recovered from claims against third parties for loss or
damage to personal property shipped or
stored at government expense.''.
SEC. 1055. ELIGIBILITY FOR ATTENDANCE AT DEPARTMENT OF DEFENSE DOMESTIC
DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS.
(a) Military Dependents.--Subsection (a) of section 2164 of title
10, United States Code, is amended--
(1) by designating the first sentence as paragraph (1);
(2) by designating the second sentence as paragraph (2);
and
(3) by adding at the end of paragraph (2), as so
designated, the following: ``The Secretary may also permit a
dependent of a member of the armed forces to enroll in such a
program if the dependent is residing in such a jurisdiction,
whether on or off a military installation, while the member is
assigned away from that jurisdiction on a remote or
unaccompanied assignment under permanent change of station
orders.''.
(b) Employee Dependents.--Subsection (c)(2) of such section is
amended by striking out subparagraph (B) and inserting in lieu thereof
the following:
``(B) The Secretary may extend the enrollment of a dependent
referred to in subparagraph (A) in the program for more than five
consecutive school years if the Secretary determines that the dependent
is eligible under paragraph (1), space is available in the program, and
adequate arrangements are made for reimbursement of the Secretary for
the costs to the Secretary of the educational services provided for the
dependent. An extension shall be for only one school year, but the
Secretary may authorize a successive extension each year for the next
school year upon making the determinations required under the preceding
sentence for that next school year.''.
(c) Customs Service Employee Dependents in Puerto Rico.--(1)
Subsection (c) of such section is further amended by adding at the end
the following:
``(4)(A) A dependent of a United States Customs Service employee
who resides in Puerto Rico but not on a military installation may
enroll in an educational program provided by the Secretary pursuant to
subsection (a) in Puerto Rico.
``(B) Notwithstanding the limitation on duration of enrollment set
forth in paragraph (2), a dependent described in subparagraph (A) who
is enrolled in an education program described in that subparagraph may
be removed from the program only for good cause (as determined by the
Secretary). No requirement under that paragraph for reimbursement of
the Secretary for the costs of educational services provided for the
dependent shall apply with respect to the dependent.
``(C) In the event of the death in the line of duty of an employee
described in subparagraph (A), a dependent of the employee may remain
enrolled in an educational program described in that subparagraph
until--
``(i) the end of the academic year in which the death
occurs; or
``(ii) the dependent is removed for good cause (as so
determined).''.
(2) The amendment made by paragraph (1) shall take effect on the
date of enactment of this Act and apply to academic years beginning on
or after that date.
SEC. 1056. FEES FOR PROVIDING HISTORICAL INFORMATION TO THE PUBLIC.
(a) Army.--(1) Chapter 437 of title 10, United States Code, is
amended by adding at the end the following:
``Sec. 4595. Army Military History Institute: fee for providing
historical information to the public
``(a) Authority.--Except as provided in subsection (b), the
Secretary of the Army may charge a person a fee for providing the
person with information requested by the person that is provided from
the United States Army Military History Institute.
``(b) Exceptions.--A fee may not be charged under this section--
``(1) to a person for information that the person requests
to carry out a duty as a member of the armed forces or an
officer or employee of the United States; or
``(2) for a release of information under section 552 of
title 5.
``(c) Limitation on Amount of Fee.--The amount of the fee charged
under this section for providing information may not exceed the cost of
providing the information.
``(d) Retention of Fees.--Amounts received under subsection (a) for
providing information in any fiscal year shall be credited to the
appropriation or appropriations charged the costs of providing
information to the public from the United States Army Military History
Institute during that fiscal year.
``(e) Definitions.--In this section:
``(1) The term `United States Army Military History
Institute' means the archive for historical records and
materials of the Army that the Secretary of the Army designates
as the primary archive for such records and materials.
``(2) The terms `officer of the United States' and
`employee of the United States' have the meanings given those
terms in sections 2104 and 2105, respectively, of title 5.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``4595. Army Military History Institute: fee for providing historical
information to the public.''.
(b) Navy.--(1) Chapter 649 of such title 10 is amended by adding at
the end the following new section:
``Sec. 7582. Naval and Marine Corps Historical Centers: fee for
providing historical information to the public
``(a) Authority.--Except as provided in subsection (b), the
Secretary of the Navy may charge a person a fee for providing the
person with information requested by the person that is provided from
the United States Naval Historical Center or the Marine Corps
Historical Center.
``(b) Exceptions.--A fee may not be charged under this section--
``(1) to a person for information that the person requests
to carry out a duty as a member of the armed forces or an
officer or employee of the United States; or
``(2) for a release of information under section 552 of
title 5.
``(c) Limitation on Amount of Fee.--The amount of the fee charged
under this section for providing information may not exceed the cost of
providing the information.
``(d) Retention of Fees.--Amounts received under subsection (a) for
providing information from the United States Naval Historical Center or
the Marine Corps Historical Center in any fiscal year shall be credited
to the appropriation or appropriations charged the costs of providing
information to the public from that historical center during that
fiscal year.
``(e) Definitions.--In this section:
``(1) The term `United States Naval Historical Center'
means the archive for historical records and materials of the
Navy that the Secretary of the Navy designates as the primary
archive for such records and materials.
``(2) The term `Marine Corps Historical Center' means the
archive for historical records and materials of the Marine
Corps that the Secretary of the Navy designates as the primary
archive for such records and materials.
``(3) The terms `officer of the United States' and
`employee of the United States' have the meanings given those
terms in sections 2104 and 2105, respectively, of title 5.''.
(2) The heading of such chapter is amended by striking out
``related''.
(3)(A) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``7582. Naval and Marine Corps Historical Centers: fee for providing
historical information to the public.''.
(B) The item relating to such chapter in the tables of chapters at
the beginning of subtitle C of title 10, United States Code, and the
beginning of part IV of such subtitle is amended by striking out
``Related''.
(c) Air Force.--(1) Chapter 937 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 9594. Air Force Military History Institute: fee for providing
historical information to the public
``(a) Authority.--Except as provided in subsection (b), the
Secretary of the Air Force may charge a person a fee for providing the
person with information requested by the person that is provided from
the United States Air Force Military History Institute.
``(b) Exceptions.--A fee may not be charged under this section--
``(1) to a person for information that the person requests
to carry out a duty as a member of the armed forces or an
officer or employee of the United States; or
``(2) for a release of information under section 552 of
title 5.
``(c) Limitation on Amount of Fee.--The amount of the fee charged
under this section for providing information may not exceed the cost of
providing the information.
``(d) Retention of Fees.--Amounts received under subsection (a) for
providing information in any fiscal year shall be credited to the
appropriation or appropriations charged the costs of providing
information to the public from the United States Air Force Military
History Institute during that fiscal year.
``(e) Definitions.--In this section:
``(1) The term `United States Air Force Military History
Institute' means the archive for historical records and
materials of the Air Force that the Secretary of the Air Force
designates as the primary archive for such records and
materials.
``(2) The terms `officer of the United States' and
`employee of the United States' have the meanings given those
terms in sections 2104 and 2105, respectively, of title 5.''.
(2) The table of sections at the beginning of such chapter 937 is
amended by adding at the end the following new item:
``9594. Air Force Military History Institute: fee for providing
historical information to the public.''.
SEC. 1057. PERIODIC INSPECTION OF THE ARMED FORCES RETIREMENT HOME.
(a) Inspection by Inspectors General of the Armed Forces.--Section
1518 of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 418) is
amended to read as follows:
``SEC. 1518. INSPECTION OF RETIREMENT HOME.
``(a) Triennial Inspection.--Every three years the Inspector
General of an armed force shall inspect the Retirement Home, including
the records of the Retirement Home.
``(b) Alternating Duty Among Inspectors General.--The duty to
inspect the Retirement Home shall alternate among the Inspector General
of the Army, the Naval Inspector General, and the Inspector General of
the Air Force on such schedule as the Secretary of Defense shall
direct.
``(c) Reports.--Not later than 45 days after completing an
inspection under subsection (a), the Inspector General carrying out the
inspection shall submit to the Retirement Home Board, the Secretary of
Defense, and Congress a report describing the results of the inspection
and containing such recommendations as the Inspector General considers
appropriate.''.
(b) First Inspection.--The first inspection under section 1518 of
the Armed Forces Retirement Home Act of 1991, as amended by subsection
(a), shall be carried out during fiscal year 1999.
SEC. 1058. TRANSFER OF F-4 PHANTOM II AIRCRAFT TO FOUNDATION.
(a) Authority.--The Secretary of the Air Force may convey, without
consideration to the Collings Foundation, Stow, Massachusetts (in this
section referred to as the ``foundation''), all right, title, and
interest of the United States in and to one surplus F-4 Phantom II
aircraft. The conveyance shall be made by means of a conditional deed
of gift.
(b) Condition of Aircraft.--The Secretary may not convey ownership
of the aircraft under subsection (a) until the Secretary determines
that the foundation has altered the aircraft in such manner as the
Secretary determines necessary to ensure that the aircraft does not
have any capability for use as a platform for launching or releasing
munitions or any other combat capability that it was designed to have.
The Secretary is not required to repair or alter the condition of the
aircraft before conveying ownership of the aircraft.
(c) Reverter Upon Breach of Conditions.--The Secretary shall
include in the instrument of conveyance of the aircraft--
(1) a condition that the foundation not convey any
ownership interest in, or transfer possession of, the aircraft
to any other party without the prior approval of the Secretary
of the Air Force;
(2) a condition that the operation and maintenance of the
aircraft comply with all applicable limitations and maintenance
requirements imposed by the Administrator of the Federal
Aviation Administration; and
(3) a condition that if the Secretary of the Air Force
determines at any time that the foundation has conveyed an
ownership interest in, or transferred possession of, the
aircraft to any other party without the prior approval of the
Secretary, or has failed to comply with the condition set forth
in paragraph (2), all right, title, and interest in and to the
aircraft, including any repair or alteration of the aircraft,
shall revert to the United States, and the United States shall
have the right of immediate possession of the aircraft.
(d) Conveyance at No Cost to the United States.--The conveyance of
an aircraft authorized by this section shall be made at no cost to the
United States. Any costs associated with such conveyance, costs of
determining compliance with subsection (b), and costs of operation and
maintenance of the aircraft conveyed shall be borne by the foundation.
(e) Additional Terms and Conditions.--The Secretary of the Air
Force may require such additional terms and conditions in connection
with the conveyance under this section as the Secretary considers
appropriate to protect the interests of the United States.
(f) Clarification of Liability.--Notwithstanding any other
provision of law, upon the conveyance of ownership of the F-4 Phantom
II aircraft to the foundation under subsection (a), the United States
shall not be liable for any death, injury, loss, or damage that results
from any use of that aircraft by any person other than the United
States.
SEC. 1059. ACT CONSTITUTING PRESIDENTIAL APPROVAL OF VESSEL WAR RISK
INSURANCE REQUESTED BY THE SECRETARY OF DEFENSE.
Section 1205(b) of the Merchant Marine Act of 1936 (46 U.S.C. App.
1285(b)) is amended by adding at the end the following: ``The signature
of the President (or of an official designated by the President) on the
agreement shall be treated as an expression of the approval required
under section 1202(a) to provide the insurance.''.
SEC. 1060. COMMENDATION AND MEMORIALIZATION OF THE UNITED STATES NAVY
ASIATIC FLEET.
(a) Findings.--Congress makes the following findings:
(1) The United States established the Asiatic Fleet of the
Navy in 1910 to protect American nationals, policies, and
possessions in the Far East.
(2) The sailors and Marines of the Asiatic Fleet ensured
the safety of United States citizens and foreign nationals, and
provided humanitarian assistance, in that region during the
Chinese civil war, the Yangtze Flood of 1931, and the outbreak
of Sino-Japanese hostilities.
(3) In 1940, due to deteriorating political relations and
increasing tensions between the United States and Japan, a
reinforced Asiatic Fleet began concentrating on the defense of
the Philippines and engaged in extensive training to ensure
maximum operational readiness for any eventuality.
(4) Following the declaration of war against Japan, the
warships, submarines, and aircraft of the Asiatic Fleet singly
or in task forces courageously fought many naval battles
against a superior Japanese armada.
(5) The Asiatic Fleet directly suffered the loss of 22
ships, 1,826 men killed or missing in action, and 518 men
captured and imprisoned under the worst of conditions with many
of them dying while held as prisoners of war.
(b) Commendation.--Congress--
(1) commends the personnel who served in the Asiatic Fleet
of the United States Navy during the period 1910 to 1942; and
(2) honors those who gave their lives in the line of duty
while serving in the Asiatic Fleet.
(c) United States Navy Asiatic Fleet Memorial Day.--The President
is authorized and requested to issue a proclamation designating March
1, 1999 as ``United States Navy Asiatic Fleet Memorial Day'' and
calling upon the people of the United States to observe United States
Navy Asiatic Fleet Memorial Day with appropriate programs, ceremonies,
and activities.
SEC. 1061. PROGRAM TO COMMEMORATE 50TH ANNIVERSARY OF THE KOREAN WAR.
(a) Reference to Korean War.--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--
(1) in the section heading, by striking out ``korean
conflict'' and inserting in lieu thereof ``korean war'';
(2) by striking out ``Korean conflict'' each place it
appears and inserting in lieu thereof ``Korean War''; and
(3) in subsections (c) and (d)(1), by striking out ``Korean
Conflict'' and inserting in lieu thereof ``Korean War''.
(b) Limitation on Expenditures.--Subsection (f) of such section is
amended to read as follows:
``(f) Limitation on Expenditures.--The total amount expended for
the commemorative program for fiscal years 1998 through 2004 by the
Department of Defense 50th Anniversary of the Korean War Commemorative
Committee established by the Secretary of Defense may not exceed
$10,000,000.''.
SEC. 1062. DEPARTMENT OF DEFENSE USE OF FREQUENCY SPECTRUM.
(a) Finding.--Congress finds that the report submitted to Congress
by the Secretary of Defense on April 2, 1998, regarding the
reallocation of the frequency spectrum used or dedicated to the
Department of Defense and the intelligence community, does not include
a discussion of the costs to the Department of Defense that are
associated with past and potential future reallocations of the
frequency spectrum, although such a discussion was to be included in
the report as directed in connection with the enactment of the National
Defense Authorization Act for Fiscal Year 1998.
(b) Additional Report.--The Secretary of Defense shall, not later
than October 31, 1998, submit to the Committee on Armed Services of the
Senate and the Committee on National Security of the House of
Representatives a report that discusses the costs referred to in
subsection (a).
(c) Relocation of Federal Frequencies.--Section 113(g)(1) of the
National Telecommunications and Information Administration Organization
Act (47 U.S.C. 923(g)(1)) is amended--
(1) by striking out ``(1) In general.--In order'' and
inserting in lieu thereof the following:
``(1) In general.--
``(A) Authority of federal entities to accept
compensation.--In order'';
(2) in subparagraph (A), as so designated, by striking out
the second, third, and fourth sentences and inserting in lieu
thereof the following: ``Any such Federal entity which proposes
to so relocate shall notify the NTIA, which in turn shall
notify the Commission, before the auction concerned of the
marginal costs anticipated to be associated with such
relocation or with modifications necessary to accommodate
prospective licensees. The Commission in turn shall notify
potential bidders of the estimated relocation or modification
costs based on the geographic area covered by the proposed
licenses before the auction; and
(3) by adding at the end the following:
``(B) Requirement to compensate federal entities.--
Any person on whose behalf a Federal entity incurs
costs under subparagraph (A) shall compensate the
Federal entity in advance for such costs. Such
compensation may take the form of a cash payment or in-
kind compensation.
``(C) Disposition of payments.--
``(i) Payment by electronic funds
transfer.--A person making a cash payment under
this paragraph shall make the cash payment by
depositing the amount of the payment by
electronic funds transfer in the account of the
Federal entity concerned in the Treasury of the
United States or in another account as
authorized by law.
``(ii) Availability.--Subject to the
provisions of authorization Acts and
appropriations Acts, amounts deposited under
this subparagraph shall be available to the
Federal entity concerned to pay directly the
costs of relocation under this paragraph, to
repay or make advances to appropriations or
funds which do or will initially bear all or
part of such costs, or to refund excess sums
when necessary.
``(D) Application to certain other relocations.--
The provisions of this paragraph also apply to any
Federal entity that operates a Federal Government
station assigned to used electromagnetic spectrum
identified for reallocation under subsection (a) if
before August 5, 1997, the Commission has not
identified that spectrum for service or assigned
licenses or otherwise authorized service for that
spectrum.
``(E) Implementation procedures.--The NTIA and the
Commission shall develop procedures for the
implementation of this paragraph, which procedures
shall include a process for resolving any differences
that arise between the Federal Government and
commercial licensees regarding estimates of relocation
or modification costs under this paragraph.
``(F) Inapplicability to certain relocations.--With
the exception of spectrum located at 1710-1755
Megahertz, the provisions of this paragraph shall not
apply to Federal spectrum identified for reallocation
in the first reallocation report submitted to the
President and Congress under subsection (a).''.
(d) Reports on Costs of Relocations.--The head of each department
or agency of the Federal Government shall include in the annual budget
submission of such department or agency to the Director of the Office
of Management and Budget a report assessing the costs to be incurred by
such department or agency as a result of any frequency relocations of
such department or agency that are anticipated under section 113 of the
National Telecommunications Information Administration Organization Act
(47 U.S.C. 923) as of the date of such report.
SEC. 1063. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) The item relating to section 484 in the table of
sections at the beginning of chapter 23 is amended to read as
follows:
``484. Annual report on aircraft inventory.''.
(2) Section 517(a) is amended by striking out ``Except as
provided in section 307 of title 37, the'' and inserting in
lieu thereof ``The''.
(3) The item relating to section 2302c in the table of
sections at the beginning of chapter 137 is amended to read as
follows:
``2302c. Implementation of electronic commerce capability.''.
(4) The table of subchapters at the beginning of chapter
148 is amended by striking out ``2491'' in the item relating to
subchapter I and inserting in lieu thereof ``2500''.
(5) Section 7045(c) is amended by striking out ``the''
after ``are subject to''.
(6) Section 7572(b) is repealed.
(7) Section 12683(b)(2) is amended by striking out ``; or''
at the end and inserting in lieu thereof a period.
(b) Public Law 105-85.--Effective as of November 18, 1997, and as
if included therein as enacted, the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85) is amended as follows:
(1) Section 1006(a) (111 Stat. 1869) is amended by striking
out ``or'' in the quoted matter and inserting in lieu thereof
``and''.
(2) Section 3133(b)(3) (111 Stat. 2036) is amended by
striking out ``III'' and inserting in lieu thereof ``XIV''.
(c) Other Acts.--
(1) Section 18(c)(1) of the Office of Federal Procurement
Policy Act (41 U.S.C. 416(c)(1)) is amended by striking out the
period at the end of subparagraph (A) and inserting in lieu
thereof a semicolon.
(2) Section 3(c)(2) of Public Law 101-533 (22 U.S.C.
3142(c)(2)) is amended by striking out ``included in the most
recent plan submitted to the Congress under section 2506 of
title 10'' and inserting in lieu thereof ``identified in the
most recent assessment prepared under section 2505 of title
10''.
(d) Coordination With Other Amendments.--For purposes of applying
amendments made by provisions of this Act other than provisions of this
section, this section shall be treated as having been enacted
immediately before the other provisions of this Act.
SEC. 1064. EXTENSION AND REAUTHORIZATION OF DEFENSE PRODUCTION ACT OF
1950.
(a) Extension of Termination Date.--Section 717(a) of the Defense
Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended by striking
``September 30, 1998'' and inserting ``September 30, 1999''.
(b) Extension of Authorization.--Section 711(b) of the Defense
Production Act of 1950 (50 U.S.C. App. 2161(b)) is amended by striking
``and 1998'' and inserting ``1998, and 1999''.
SEC. 1065. BUDGETING FOR CONTINUED PARTICIPATION OF UNITED STATES
FORCES IN NATO OPERATIONS IN BOSNIA AND HERZEGOVINA.
(a) Findings.--Congress makes the following findings:
(1) Funding levels in the Department of Defense budget have
not been sufficient to pay for the deployment of United States
ground combat forces in Bosnia and Herzegovina that began in
fiscal year 1996.
(2) The Department of Defense has used funds from the
operation and maintenance accounts of the Armed Forces to pay
for the operations because the funding levels included in the
defense budgets for fiscal years 1996 and 1997 have not been
adequate to maintain operations in Bosnia and Herzegovina.
(3) Funds necessary to continue United States participation
in the NATO operations in Bosnia and Herzegovina, and to
replace operation and maintenance funds used for the
operations, have been requested by the President as
supplemental appropriations in fiscal years 1996 and 1997. The
Department of Defense has also proposed to reprogram previously
appropriated funds to make up the shortfall for continued
United States operations in Bosnia and Herzegovina.
(4) In February 1998, the President certified to Congress
that the continued presence of United States forces in Bosnia
and Herzegovina after June 30, 1998, was necessary in order to
meet national security interests of the United States.
(5) The discretionary spending limit established for the
defense category for fiscal year 1998 in the Balanced Budget
and Emergency Deficit Control Act of 1985 does not take into
account the continued deployment of United States forces in
Bosnia and Herzegovina after June 30, 1998. Therefore, the
President requested emergency supplemental appropriations for
the Bosnia and Herzegovina mission through September 30, 1998.
(6) Amounts for operations in Bosnia and Herzegovina were
not included in the original budget proposed by the President
for the Department of Defense for fiscal year 1999.
(7) The President requested $1,858,600,000 in emergency
appropriations in his March 4, 1998 amendment to the fiscal
year 1999 budget to cover the shortfall in funding in the
fiscal year 1999 for the costs of extending the mission in
Bosnia.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President should include in the budget for the
Department of Defense that the President submits to Congress
under section 1105(a) of title 31, United States Code, for each
fiscal year sufficient amounts to pay for any proposed
continuation of the participation of United States forces in
NATO operations in Bosnia and Herzegovina for that fiscal year;
and
(2) amounts included in the budget for that purpose should
not be transferred from amounts that would otherwise be
proposed in the budget of any of the Armed Forces in accordance
with the future-years defense program related to that budget,
or any other agency of the Executive Branch, but, instead,
should be an overall increase in the budget for the Department
of Defense.
SEC. 1066. NATO PARTICIPATION IN THE PERFORMANCE OF PUBLIC SECURITY
FUNCTIONS OF CIVILIAN AUTHORITIES IN BOSNIA AND
HERZEGOVINA.
(a) Findings.--Congress makes the following findings:
(1) The North Atlantic Treaty Organization (NATO) has
approved the creation of a multi-national specialized unit of
gendarmes- or para-military police composed of European
security forces to help promote public security in Bosnia and
Herzegovina as a part of the post-June 1998 mission for the
Stabilization Force (SFOR) authorized under the United Nations
Security Council Resolution 1088 (December 12, 1996).
(2) On at least four occasions, beginning in July 1997, the
Stabilization Force (SFOR) has been involved, pursuant to
military annex 1(A) of the Dayton Agreement, in carrying out
missions for the specific purpose of detaining war criminals,
and on at least one of those occasions United States forces
were directly involved in carrying out the mission.
(b) Sense of Congress.--It is the sense of Congress that United
States forces should not serve as civil police in Bosnia and
Herzegovina.
(c) Requirement for Report.--The President shall submit to
Congress, not later than October 1, 1998, a report on the status of the
NATO force of gendarmes or paramilitary police referred to in
subsection (a)(1), including the mission of the force, the composition
of the force, and the extent, if any, to which members of the Armed
Forces of the United States are participating (or are to participate)
in the force.
SEC. 1067. PILOT PROGRAM FOR REVITALIZING THE LABORATORIES AND TEST AND
EVALUATION CENTERS OF THE DEPARTMENT OF DEFENSE.
(a) Findings.--Congress makes the following findings:
(1) Officials of the Department of Defense are critically
dependent on the science and technology laboratories and test
and evaluation centers, of the department--
(A) to exploit commercial technology for unique
military purposes;
(B) to develop advanced technology in precise
areas;
(C) to provide the officials with objective advice
and counsel on science and technology matters; and
(D) to lead the decisionmaking that identifies the
most cost-effective procurements of military equipment
and services.
(2) The laboratories and test and evaluation centers are
facing a number of challenges that, if not overcome, could
limit the productivity and self-sustainability of the
laboratories and centers, including--
(A) the declining funding provided for science and
technology in the technology base program of the
Department of Defense;
(B) difficulties experienced in recruiting,
retaining, and motivating high-quality personnel; and
(C) the complex web of policies and regulatory
constraints that restrict authority of managers to
operate the laboratories and centers in a businesslike
fashion.
(3) Congress has provided tools to deal with the changing
nature of technological development in the defense sector by
encouraging closer cooperation with industry and university
research and by authorizing demonstrations of alternative
personnel systems.
(4) A number of laboratories and test and evaluation
centers have addressed the challenges and are employing a
variety of innovative methods, such as the so-called
``Federated Lab Concept'' undertaken at the Army Research
Laboratory, to maintain the high quality of the technical
program, to provide a challenging work environment for
researchers, and to meet the high cost demands of maintaining
facilities that are equal or superior in quality to comparable
facilities anywhere in the world.
(b) Commendation.--Congress commends the Secretary of Defense for
the progress made by the science and technology laboratories and test
and evaluation centers to achieve the results described in subsection
(a)(4) and encourages the Secretary to take the actions necessary to
ensure continued progress for the laboratories and test and evaluation
centers in developing cooperative relationships with universities and
other private sector entities for the performance of research and
development functions.
(c) Pilot Program.--(1) In conjunction with the plan for
restructuring and revitalizing the science and technology laboratories
and test and evaluation centers of the Department of Defense that is
required by section 906 of this Act, the Secretary of Defense may carry
out a pilot program to demonstrate improved cooperative relationships
with universities and other private sector entities for the performance
of research and development functions.
(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 center, of each military department with
authority for the following:
(A) To explore innovative methods for quickly, efficiently,
and fairly entering into cooperative relationships with
universities and other private sector entities with respect to
the performance of research and development functions.
(B) To waive any restrictions on the demonstration and
implementation of such methods that are not required by law.
(C) To develop or expand innovative methods of operation
that provide more defense research for each dollar of cost,
including to carry out such initiatives as focusing on the
performance of core functions and adopting more business-like
practices.
(3) In selecting the laboratories and centers for participation in
the pilot program, the Secretary shall consider laboratories and
centers 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 and center for a period of three years beginning not later
than March 1, 1999.
(d) Reports.--(1) Not later than March 1, 1999, the Secretary of
Defense shall submit a report on the implementation of the pilot
program to Congress. The report shall include the following:
(A) Each laboratory and center selected for the pilot
program.
(B) To the extent possible, a description of the innovative
concepts that are to be tested at each laboratory or center.
(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 or center in the pilot program, the Secretary of
Defense shall submit to Congress a final report on the participation of
the laboratory or center in the pilot program. The report shall contain
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 the laboratory or
center under the pilot program.
SEC. 1068. SENSE OF CONGRESS REGARDING THE HEROISM, SACRIFICE, AND
SERVICE OF FORMER SOUTH VIETNAMESE COMMANDOS IN
CONNECTION WITH UNITED STATES ARMED FORCES DURING THE
VIETNAM CONFLICT.
(a) Findings.--Congress makes the following findings:
(1) South Vietnamese commandos were recruited by the United
States as part of OPLAN 34A or its predecessor or OPLAN 35 from
1961 to 1970.
(2) The commandos conducted covert operations in North
Vietnam during the Vietnam conflict.
(3) Many of the commandos were captured and imprisoned by
North Vietnamese forces, some for as long as 20 years.
(4) The commandos served and fought proudly during the
Vietnam conflict.
(5) Many of the commandos lost their lives serving in
operations conducted by the United States during the Vietnam
conflict.
(6) Many of the Vietnamese commandos now reside in the
United States.
(b) Sense of Congress--Congress recognizes and honors the former
South Vietnamese commandos for their heroism, sacrifice, and service in
connection with United States armed forces during the Vietnam conflict.
SEC. 1069. SENSE OF THE SENATE REGARDING DECLASSIFICATION OF CLASSIFIED
INFORMATION OF THE DEPARTMENT OF DEFENSE AND THE
DEPARTMENT OF ENERGY.
It is the sense of the Senate that the Secretary of Defense and the
Secretary of Energy should submit to Congress a request for funds in
fiscal year 2000 for activities relating to the declassification of
information under the jurisdiction of such Secretaries in order to
fulfill the obligations and commitments of such Secretaries under
Executive Order No. 12958 and the Atomic Energy Act of 1954 (42 U.S.C.
2011 et seq.) and to the stakeholders.
SEC. 1070. RUSSIAN NONSTRATEGIC NUCLEAR WEAPONS.
(a) Sense of the Senate.--It is the sense of the Senate that--
(1) the 7,000 to 12,000 or more nonstrategic (or
``tactical'') nuclear weapons estimated by the United States
Strategic Command to be in the Russian arsenal may present the
greatest threat of sale or theft of a nuclear warhead in the
world today;
(2) as the number of deployed strategic warheads in the
Russian and United States arsenals declines to just a few
thousand under the START accords, Russia's vast superiority in
tactical nuclear warheads--many of which have yields equivalent
to strategic nuclear weapons--could become strategically
destabilizing;
(3) while the United States has unilaterally reduced its
inventory of tactical nuclear weapons by nearly 90 percent
since the end of the Cold War, Russia is behind schedule in
implementing the steep tactical nuclear arms reductions pledged
by former Soviet President Gorbachev in 1991 and Russian
President Yeltsin in 1992, perpetuating the dangers from
Russia's tactical nuclear stockpile; and
(4) the President of the United States should call on the
Russian Federation to expedite reduction of its tactical
nuclear arsenal in accordance with the promises made in 1991
and 1992.
(b) Report.--Not later than March 15, 1999, the Secretary of
Defense shall submit to the Congress a report on Russia's nonstrategic
nuclear weapons, including--
(1) estimates regarding the current numbers, types, yields,
viability, and locations of such warheads;
(2) an assessment of the strategic implications of the
Russian Federation's nonstrategic arsenal, including the
potential use of such warheads in a strategic role or the use
of their components in strategic nuclear systems;
(3) an assessment of the extent of the current threat of
theft, sale, or unauthorized use of such warheads, including an
analysis of Russian command and control as it concerns the use
of tactical nuclear warheads; and
(4) a summary of past, current, and planned efforts to work
cooperatively with the Russian Federation to account for,
secure, and reduce Russia's stockpile of tactical nuclear
warheads and associated fissile material.
(c) Views.--This report shall include the views of the Director of
Central Intelligence and the Commander in Chief of the United States
Strategic Command.
SEC. 1071. SENSE OF SENATE ON NUCLEAR TESTS IN SOUTH ASIA.
(a) Findings.--The Senate finds that--
(1) on May 11 and 13, 1998, the Government of India
conducted a series of underground nuclear tests;
(2) on May 28 and 30, 1998, the Government of Pakistan
conducted a series of underground nuclear tests;
(3) although not recognized or accepted as such by the
United Nations Security Council, India and Pakistan have
declared themselves nuclear weapon states;
(4) India and Pakistan have conducted extensive nuclear
weapons research over several decades, resulting in the
development of nuclear capabilities and the potential for the
attainment of nuclear arsenals and the dangerous proliferation
of nuclear weaponry;
(5) India and Pakistan have refused to enter into
internationally recognized nuclear non-proliferation
agreements, including the Comprehensive Test Ban Treaty, the
Treaty on the Non-Proliferation of Nuclear Weapons, and full-
scope safeguards agreements with the International Atomic
Energy Agency;
(6) India and Pakistan, which have been at war with each
other 3 times in the past 50 years, have urgent bilateral
conflicts, most notably over the disputed territory of Kashmir;
(7) the testing of nuclear weapons by India and Pakistan
has created grave and serious tensions on the Indian
subcontinent; and
(8) the United States response to India and Pakistan's
nuclear tests has included the imposition of wide-ranging
sanctions as called for under the Arms Export Control Act and
the Nuclear Proliferation Prevention Act of 1994.
(b) Sense of Senate.--The Senate--
(1) strongly condemns the decisions by the governments of
India and Pakistan to conduct nuclear tests in May 1998;
(2) supports the President's decision to carry out the
provisions of the Nuclear Proliferation Prevention Act of 1994
with respect to India and Pakistan and invoke all sanctions in
that Act;
(3) calls upon members of the international community to
impose similar sanctions against India and Pakistan to those
imposed by the United States;
(4) calls for the governments of India and Pakistan to
commit not to conduct any additional nuclear tests;
(5) urges the governments of India and Pakistan to take
immediate steps, bilaterally and under the auspices of the
United Nations, to reduce tensions between them;
(6) urges India and Pakistan to engage in high-level
dialogue aimed at reducing the likelihood of armed conflict,
enacting confidence and security building measures, and
resolving areas of dispute;
(7) commends all nations to take steps which will reduce
tensions in South Asia, including appropriate measures to
prevent the transfer of technology that could further
exacerbate the arms race in South Asia, and thus avoid further
deterioration of security there;
(8) calls upon the President to seek a diplomatic solution
between the governments of India and Pakistan to promote peace
and stability in South Asia and resolve the current impasse;
(9) encourages United States leadership in assisting the
governments of India and Pakistan to resolve their 50-year
conflict over the disputed territory in Kashmir;
(10) urges India and Pakistan to take immediate, binding,
and verifiable steps to roll back their nuclear programs and
come into compliance with internationally accepted norms
regarding the proliferation of weapons of mass destruction; and
(11) urges the United States to reevaluate its bilateral
relationship with India and Pakistan, in light of the new
regional security realities in South Asia, with the goal of
preventing further nuclear and ballistic missile proliferation,
diffusing long-standing regional rivalries between India and
Pakistan, and securing commitments from them which, if carried
out, could result in a calibrated lifting of United States
sanctions imposed under the Arms Export Control Act and the
Nuclear Proliferation Prevention Act of 1994.
SEC. 1072. SENSE OF CONGRESS REGARDING CONTINUED PARTICIPATION OF
UNITED STATES FORCES IN OPERATIONS IN BOSNIA AND
HERZEGOVINA.
(a) Findings.--Congress makes the following findings:
(1) The contributions of the people of the United States
and other nations have, in large measure, resulted in the
suspension of fighting and alleviated the suffering of the
people of Bosnia and Herzegovina since December 1995.
(2) the people of the United States have expended
approximately $9,500,000,000 in tax dollars between 1992 and
mid-1998 just in support of the United States military
operations in Bosnia to achieve those results.
(3) Efforts to restore the economy and political structure
in Bosnia and Herzegovina have achieved some success in
accordance with the Dayton Agreement.
(4) In February 1998, the President certified to Congress
that the continued presence of United States forces in Bosnia
and Herzegovina after June 30, 1998, was necessary in order to
meet national security interests of the United States.
(5) There is, however, no accurate estimate of the time
needed to accomplish the civilian implementation tasks outlined
in the Dayton Agreement.
(b) Sense of Congress.--It is the sense of Congress that--
(1) United States ground combat forces should not remain in
Bosnia and Herzegovina indefinitely in view of the world-wide
commitments of the Armed Forces of the United States;
(2) the President should work with NATO allies and the
other nations whose military forces are participating in the
NATO-led Stabilization Force to withdraw United States ground
combat forces from Bosnia and Herzegovina within a reasonable
period of time, consistent with the safety of those forces and
the accomplishment of the Stabilization Force's military tasks;
(3) a NATO-led force without the participation of United
States ground combat forces in Bosnia and Herzegovina might be
suitable for a follow-on force for Bosnia and Herzegovina if
the European Security and Defense Identity is not sufficiently
developed or is otherwise considered inappropriate for such a
mission;
(4) the United States may decide to provide appropriate
support to a Western European Union-led or NATO-led follow-on
force for Bosnia and Herzegovina, including command and
control, intelligence, logistics, and, if necessary, a ready
reserve force in the region;
(5) the President should inform the European NATO allies of
this expression of the sense of Congress and should strongly
urge them to undertake preparations for establishing a Western
European Union-led or a NATO-led force as a follow-on force to
the NATO-led Stabilization Force if needed to maintain peace
and stability in Bosnia and Herzegovina; and
(6) the President should consult closely with the
congressional leadership and the congressional defense
committees with respect to the progress being made toward
achieving a sustainable peace in Bosnia and Herzegovina and the
progress being made toward a reduction and ultimate withdrawal
of United States ground combat forces from Bosnia and
Herzegovina.
(c) One-Time Reports.--The President shall submit to Congress the
following reports:
(1) Not later than September 30, 1998, a report containing
a discussion of the likely impact on the security situation in
Bosnia and Herzegovina and on the prospects for establishing
self-sustaining peace and stable local government there that
would result from a phased reduction in the number of United
States military personnel stationed in Bosnia and Herzegovina
under the following alternatives:
(A) A phased reduction to 5,000 by February 2,
1999, to 3,500 by June 30, 1999, and to 2,500 by
February 2, 2000.
(B) A phased reduction by February 2, 2000, to the
number of personnel that is approximately equal to the
mean average of--
(i) the number of military personnel of the
United Kingdom that are stationed in Bosnia and
Herzegovina on that date;
(ii) the number of military personnel of
Germany that are stationed there on that date;
(iii) the number of military personnel of
France that are stationed there on that date;
and
(iv) the number of military personnel of
Italy that are stationed there on that date.
(2) Not later than October 1, 1998, a report on the status
of the NATO force of gendarmes or paramilitary police referred
to in subsection (a)(1), including the mission of the force,
the composition of the force, and the extent, if any, to which
members of the Armed Forces of the United States are
participating (or are to participate) in the force.
(d) Report To Accompany Each Request for Funding.--(1) Each time
that the President submits to Congress a proposal for funding continued
operations of United States forces in Bosnia and Herzegovina, the
President shall submit to Congress a report on the missions of United
States forces there. The first report shall be submitted at the same
time that the President submits the budget for fiscal year 2000 to
Congress under section 1105(a) of title 31, United States Code.
(2) Each report under paragraph (1) shall include the following:
(A) The performance objectives and schedule for the
implementation of the Dayton Agreement, including--
(i) the specific objectives for the reestablishment
of a self-sustaining peace and a stable local
government in Bosnia and Herzegovina, taking into
account (I) each of the areas of implementation
required by the Dayton Agreement, as well as other
areas that are not covered specifically in the Dayton
Agreement but are essential for reestablishing such a
peace and local government and to permitting an orderly
withdrawal of the international peace implementation
force from Bosnia and Herzegovina, and (II) the
benchmarks reported in the latest semiannual report
submitted under section 7(b)(2) of the 1998
Supplemental Appropriations and Rescissions Act
(revised as necessary to be current as of the date of
the report submitted under this subsection); and
(ii) the schedule, specified by fiscal year, for
achieving the objectives.
(B) The military and non-military missions that the
President has directed for United States forces in Bosnia and
Herzegovina in support of the objectives identified pursuant to
paragraph (1), including a specific discussion of--
(i) the mission of the United States forces, if
any, in connection with the pursuit and apprehension of
war criminals;
(ii) the mission of the United States forces, if
any, in connection with civilian police functions;
(iii) the mission of the United States forces, if
any, in connection with the resettlement of refugees;
and
(iv) the missions undertaken by the United States
forces, if any, in support of international and local
civilian authorities.
(C) An assessment of the risk for the United States forces
in Bosnia and Herzegovina, including, for each mission
identified pursuant to subparagraph (B), the assessment of the
Chairman of the Joint Chiefs of Staff regarding the nature and
level of risk of the mission for the safety and well-being of
United States military personnel.
(D) An assessment of the cost to the United States, by
fiscal year, of carrying out the missions identified pursuant
to subparagraph (B) for the period indicated in the schedule
provided pursuant to subparagraph (A).
(E) A joint assessment by the Secretary of Defense and the
Secretary of State of the status of planning for--
(i) the assumption of all remaining military
missions inside Bosnia and Herzegovina by European
military and paramilitary forces; and
(ii) the establishment and support of forward-based
United States rapid response force outside of Bosnia
and Herzegovina that would be capable of deploying
rapidly to defeat military threats to a European
follow-on force inside Bosnia and Herzegovina, and of
providing whatever logistical, intelligence, and air
support is needed to ensure that a European follow-on
force is fully capable of accomplishing its missions
under the Dayton Agreement.
(e) Dayton Agreement Defined.--In this section, the term ``Dayton
Agreement'' means the General Framework Agreement for Peace in Bosnia
and Herzegovina, together with annexes relating thereto, done at
Dayton, November 10 through 16, 1995.
SEC. 1073. COMMISSION TO ASSESS THE RELIABILITY, SAFETY, AND SECURITY
OF THE UNITED STATES NUCLEAR DETERRENT.
(a) Establishment.--There is hereby established a commission to be
known as the ``Commission for Assessment of the Reliability, Safety,
and Security of the United States Nuclear Deterrent''.
(b) Composition.--(1) The Commission shall be composed of six
members who shall be appointed from among private citizens of the
United States with knowledge and expertise in the technical aspects of
design, maintenance, and deployment of nuclear weapons, as follows:
(A) Two members appointed by the Majority Leader of the
Senate.
(B) One member appointed by the Minority Leader of the
Senate.
(C) Two members appointed by the Speaker of the House of
Representatives.
(D) One member appointed by the Minority Leader of the
House of Representatives.
(2) The Senate Majority Leader and the Speaker of the House of
Representatives shall each appoint one member to serve for five years
and one member to serve for two years. The Minority Leaders of the
Senate and House of Representatives shall each appoint one member to
serve for five years. A member may be reappointed.
(3) Any vacancy in the Commission shall be filled in the same
manner as the original appointment.
(4) All members of the Commission shall hold appropriate security
clearances.
(c) Chairman.--The Majority Leader of the Senate, after
consultation with the Speaker of the House of Representatives and the
Minority Leaders of the Senate and House of Representatives, shall
designate one of the members of the Commission, without regard to the
term of appointment of that member, to serve as Chairman of the
Commission.
(d) Duties of Commission.--(1) Each year the Commission shall
assess, for Congress--
(A) the safety, security, and reliability of the nuclear
deterrent forces of the United States; and
(B) the annual certification on the safety, security, and
reliability of the nuclear weapons stockpile of the United
States that is provided by the directors of the national
weapons laboratories through the Secretary of Energy to the
President.
(2) The Commission shall submit to Congress an annual report, in
classified form, setting forth the findings and conclusions resulting
from each assessment.
(e) Cooperation of Other Agencies.--(1) The Commission may secure
directly from the Department of Energy, the Department of Defense, or
any of the national weapons laboratories or plants or any other Federal
department or agency information that the Commission considers
necessary for the Commission to carry out its duties.
(2) For carrying out its duties, the Commission shall be provided
full and timely cooperation by the Secretary of Energy, the Secretary
of Defense, the Commander of United States Strategic Command, the
Directors of the Los Alamos National Laboratory, the Lawrence Livermore
National Laboratory, the Sandia National Laboratories, the Savannah
River Site, the Y-12 Plant, the Pantex Facility, and the Kansas City
Plant, and any other official of the United States that the Chairman
determines as having information described in paragraph (1).
(3) The Secretary of Energy and the Secretary of Defense shall each
designate at least one officer or employee of the Department of Energy
and the Department of Defense, respectively, to serve as a liaison
officer between the department and the Commission.
(f) Commission Procedures.--(1) The Commission shall meet at the
call of the Chairman.
(2) Four members of the Commission shall constitute a quorum,
except that the Commission may designate a lesser number of members as
a quorum for the purpose of holding hearings. The Commission shall act
by resolution agreed to by a majority of the members of the Commission.
(3) Any member or agent of the Commission may, if authorized by the
Commission, take any action that the Commission is authorized to take
under this section.
(4) The Commission may establish panels composed of less than the
full membership of the Commission for the purpose of carrying out the
Commission's duties. Findings and conclusions of a panel of the
Commission may not be considered findings and conclusions of the
Commission unless approved by the Commission.
(5) The Commission or, at its direction, any panel or member of the
Commission, may, for the purpose of carrying out its duties, 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.
(g) Personnel Matters.--(1) A member of the Commission shall be
compensated at the daily equivalent of the rate of basic pay
established for level V of the Executive Schedule under 5316 of title
5, United States Code, for each day on which the member is engaged in
any meeting, hearing, briefing, or other work in the performance of
duties of the Commission.
(2) A member 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 the member's home or regular place
of business in the performance of services for the Commission.
(3) The Chairman of the Commission may, without regard to the
provisions of the 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 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.
(4) Upon the 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.
(5) 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 and under section 5316 of such title.
(h) Miscellaneous Administrative Provisions.--(1) 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.
(2) The Secretary of Defense and the Secretary of Energy shall
furnish the Commission with any administrative and support services
requested by the Commission and with office space within the
Washington, District Columbia, metropolitan area that is sufficient for
the administrative offices of the Commission and for holding general
meetings of Commission.
(i) Funding.--The Secretary of Defense and the Secretary of Energy
shall each contribute 50 percent of the amount of funds that are
necessary for the Commission to carry out its duties. Upon receiving
from the Chairman of the Commission a written certification of the
amount of funds that is necessary for funding the activities of the
Commission for a period, the Secretaries shall promptly make available
to the Commission funds in the total amount specified in the
certification. Funds available for the Department of Defense for
Defense-wide research, development, test, and evaluation shall be
available for the Department of Defense contribution. Funds available
for the Department of Energy for atomic energy defense activities shall
be available for the Department of Energy contribution.
(j) Termination of the Commission.--The Commission shall terminate
three years after the date of the appointment of the member designated
as Chairman.
(k) Initial Implementation.--All appointments to the Commission
shall be made not later than 45 days after the date of the enactment of
this Act. The Commission shall convene its first meeting not later than
30 days after the date as of which all members of the Commission have
been appointed.
SEC. 1074. AUTHORITY FOR WAIVER OF MORATORIUM ON ARMED FORCES USE OF
ANTIPERSONNEL LANDMINES.
Section 580 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
Stat. 751) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Waiver Authority.--(1) The President may waive the moratorium
set forth in subsection (a) if the President determines that the waiver
is necessary in the national security interests of the United States.
``(2) The President shall notify the President pro tempore of the
Senate and the Speaker of the House of Representatives of the exercise
of the authority provided by paragraph (1).''.
SEC. 1075. APPOINTMENT OF DIRECTOR AND DEPUTY DIRECTOR OF THE NAVAL
HOME.
(a) Appointment and Qualifications of Director and Deputy
Director.--Subsection (a) of section 1517 of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 417) is amended--
(1) in paragraph (2)--
(A) by striking out ``Each Director'' and inserting
in lieu thereof ``The Director of the United States
Soldiers' and Airmen's Home''; and
(B) by striking out subparagraph (B) and inserting
in lieu thereof the following:
``(B) meet the requirements of paragraph (4).'';
(2) by redesignating paragraph (3) as paragraph (5); and
(3) by inserting after paragraph (2) the following new
paragraphs (3) and (4):
``(3) The Director, and any Deputy Director, of the Naval Home
shall be appointed by the Secretary of Defense from among persons
recommended by the Secretaries of the military departments who--
``(A) in the case of the position of Director, are
commissioned officers of the Armed Forces serving on active
duty in a pay grade above 0-5;
``(B) in the case of the position of Deputy Director, are
commissioned officers of the Armed Forces serving on active
duty in a pay grade above 0-4; and
``(C) meet the requirements of paragraph (4).
``(4) Each Director shall have appropriate leadership and
management skills, an appreciation and understanding of the culture and
norms associated with military service, and significant military
background.''.
(b) Term of Director and Deputy Director.--Subsection (c) of such
section is amended--
(1)bystrikingout``(c)TermofDirector.--'' and all that
follows through ``A Director'' in the second sentence and
inserting in lieu thereof ``(c) Terms of Directors.--(1) The
term of office of the Director of the United States Soldiers'
and Airmen's Home shall be five years. The Director''; and
(2) by adding at the end the following new paragraph:
``(2) The Director and the Deputy Director of the Naval Home shall
serve at the pleasure of the Secretary of Defense.''.
(c) Definitions.--Such section is further amended by adding at the
end the following:
``(g) Definitions.--In this section:
``(1) The term `United States Soldiers' and Airmen's Home'
means the separate facility of the Retirement Home that is
known as the United States Soldiers' and Airmen's Home.
``(2) The term `Naval Home' means the separate facility of
the Retirement Home that is known as the Naval Home.''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 1998.
SEC. 1076. SENSE OF THE CONGRESS ON THE DEFENSE SCIENCE AND TECHNOLOGY
PROGRAM.
(a) Funding Requirements for the Defense Science and Technology
Program Budget.--It is the sense of the Congress that for each of the
fiscal years 2000 through 2008, it should be an objective of the
Secretary of Defense to increase the budget for the Defense Science and
Technology Program 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.
(b) Guidelines for the Defense Science and Technology Program.--
(1) Relationship of defense science and technology program
to university research.--It is the sense of the Congress that
the following should be key objectives of the Defense Science
and Technology Program--
(A) the sustainment of research capabilities in
scientific and engineering disciplines critical to the
Department of Defense;
(B) the education and training of the next
generation of scientists and engineers in disciplines
that are relevant to future defense systems,
particularly through the conduct of basic research; and
(C) the Continued support of the Defense
Experimental Program to Stimulate Competitive Research
and research programs at historically black colleges
and universities and minority institutions.
(2) Relationship of the defense science and technology
program to commercial research and technology.--
(A) It is the sense of the Congress that in
supporting projects within the Defense Science and
Technology Program, the Secretary of Defense should
attempt to leverage commercial research, technology,
products, and processes for the benefit of the
Department of Defense.
(B) It is the sense of the Congress that funds made
available for projects and programs of the Defense
Science and Technology Program should be used only for
the benefit of the Department of Defense, which
includes--
(i) the development of technology that has
only military applications;
(ii) the development of militarily useful,
commercially viable technology; or
(iii) the adaption of commercial
technology, products, or processes for military
purposes.
(3) Synergistic management of research and development.--It
is the sense of the Congress that the Secretary of Defense may
allocate a combination of funds available for the Department of
Defense for basic and applied research and for advanced
development to support any individual project or program within
the Defense Science and Technology Program. This flexibility is
not intended to change the allocation of funds in any fiscal
year among basic and applied research and advanced development.
(c) Definitions.--In this section:
(1) The term ``Defense Science and Technology Program''
means basic and applied research and advanced development.
(2) The term ``basic and applied research'' means work
funded in program elements for defense research and development
under Department of Defense R&D Budget Activities 1 or 2.
(3) The term ``advanced development'' means work funded in
program elements for defense research and development under
Department of Defense R&D Budget Activity 3.
SEC. 1077. DEMILITARIZATION AND EXPORTATION OF DEFENSE PROPERTY.
(a) Centralized Assignment of Demilitarization Codes for Defense
Property.--(1) Chapter 153 of title 10, United States Code, is amended
by inserting after section 2572 the following:
``Sec. 2573. Demilitarization codes for defense property
``(a) Authority.--The Secretary of Defense shall--
``(1) assign the demilitarization codes to the property
(other than real property) of the Department of Defense; and
``(2) take any action that the Secretary considers
necessary to ensure that the property assigned demilitarization
codes is demilitarized in accordance with the assigned codes.
``(b) Supremacy of Codes.--A demilitarization code assigned to an
item of property by the Secretary of Defense under this section shall
take precedence over any demilitarization code assigned to the item
before the date of enactment of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 by any other official in the
Department of Defense.
``(c) Enforcement.--The Secretary of Defense shall commit the
personnel and resources to the exercise of authority under subsection
(a) that are necessary to ensure that--
``(1) appropriate demilitarization codes are assigned to
property of the Department of Defense; and
``(2) property is demilitarized in accordance with the
assigned codes.
``(d) Annual Report.--The Secretary of Defense shall include in the
annual reports submitted to Congress under section 113(c)(1) of this
title in 1999 and 2000 a discussion of the following:
``(1) The exercise of the authority under this section
during the fiscal year preceding the fiscal year in which the
report is submitted.
``(2) Any changes in the exercise of the authority that are
taking place in the fiscal year in which the report is
submitted or are planned for that fiscal year or any subsequent
fiscal year.
``(e) Definitions.--In this section:
``(1) The term `demilitarization code', with respect to
property, means a code that identifies the extent to which the
property must be demilitarized before disposal.
``(2) The term `demilitarize', with respect to property,
means to destroy the military offensive or defensive advantages
inherent in the property, by mutilation, cutting, crushing,
scrapping, melting, burning, or altering the property so that
the property cannot be used for the purpose for which it was
originally made.''.
(2) The table of sections at the beginning of such chapter 153 is
amended by inserting after the item relating to section 2572 the
following:
``2573. Demilitarization codes for defense property.''.
(b) Criminal Offense.--(1) Chapter 27 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 554. Violations of regulated acts involving the exportation of
United States property
``(a) Any person who--
``(1) fraudulently or knowingly exports or otherwise sends
from the United States (as defined in section 545 of this
title), or attempts to export or send from the United States
any merchandise contrary to any law of the United States; or
``(2) receives, conceals, buys, sells, or in any manner
facilitates, the transportation, concealment, or sale of any
merchandise prior to exportation, knowing that the merchandise
is intended for exportation in violation of Federal law;
shall be fined under this title, imprisoned not more than 5 years, or
both.
``(b) The penalties under this section shall be in addition to any
other applicable criminal penalty.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following:
``554. Violations of regulated acts involving the exportation of United
States property.''.
SEC. 1078. DESIGNATION OF AMERICA'S NATIONAL MARITIME MUSEUM.
(a) Designation of America's National Maritime Museum.--The
Mariners' Museum building located at 100 Museum Drive, Newport News,
Virginia, and the South Street Seaport Museum buildings located at 207
Front Street, New York, New York, shall be known and designated as
``America's National Maritime Museum''.
(b) Reference to America's National Maritime Museum.--Any reference
in a law, map, regulation, document, paper, or other record of the
United States to the buildings referred to in subsection (a) shall be
deemed to be a reference to America's National Maritime Museum.
(c) Later Additions of Other Museums Not Precluded.--The
designation of museums named in subsection (a) as America's National
Maritime Museum does not preclude the addition of any other museum to
the group of museums covered by that designation.
(d) Criteria for Later Additions.--A museum is appropriate for
designation as a museum of America's National Maritime Museum if the
museum--
(1) houses a collection of maritime artifacts clearly
representing America's maritime heritage; and
(2) provides outreach programs to educate the public on
America's maritime heritage.
SEC. 1079. BURIAL HONORS FOR VETERANS.
(a) Findings.--The Senate makes the following findings:
(1) Throughout the years, men and women have unselfishly
answered the call to arms, at tremendous personal sacrifice.
Burial honors for deceased veterans are an important means of
reminding Americans of the sacrifices endured to keep the
Nation free.
(2) The men and women who serve honorably in the Armed
Forces, whether in war or peace, and whether discharged,
separated, or retired, deserve commemoration for their military
service at the time of their death by an appropriate military
tribute.
(3) It is tremendously important to pay an appropriate
final tribute on behalf of a grateful Nation to honor
individuals who served the Nation in the Armed Forces.
(b) Conference on Military Burial Honor Practices.--(1) Not later
than October 31, 1998, the Secretary of Defense shall, in consultation
with the Secretary of Veterans Affairs, convene and preside over a
conference for the purpose of determining means of improving and
increasing the availability of military burial honors for veterans. The
Secretary of Veterans Affairs shall also participate in the conference.
(2) The Secretaries shall invite and encourage the participation at
the conference of appropriate representatives of veterans service
organizations.
(3) The participants in the conference shall--
(A) review current policies and practices of the military
departments and the Department of Veterans Affairs relating to
the provision of military honors at the burial of veterans;
(B) analyze the costs associated with providing military
honors at the burial of veterans, including the costs
associated with utilizing personnel and other resources for
that purpose;
(C) assess trends in the rate of death of veterans; and
(D) propose, consider, and determine means of improving and
increasing the availability of military honors at the burial of
veterans.
(4) Not later than 180 days after the date of enactment of this
Act, the Secretary of Defense shall submit to Congress a report on the
conference under this subsection. The report shall set forth any
modifications to Department of Defense directives on military burial
honors adopted as a result of the conference and include any
recommendations for legislation that the Secretary considers
appropriate as a result of the conference.
(c) Veterans Service Organization Defined.--In this section, the
term ``veterans service organization'' means any organization
recognized by the Secretary of Veterans Affairs under section 5902 of
title 38, United States Code.
SEC. 1080. CHEMICAL STOCKPILE EMERGENCY PREPAREDNESS PROGRAM.
Section 1412 of the Department of Defense Authorization Act, 1986
(Public Law 99-145; 50 U.S.C. 1521) is amended by adding at the end of
subsection (c) the following:
``(4)(A) The Director of the Federal Emergency Management Agency
shall carry out a program to provide assistance to State and local
governments in developing capabilities to respond to emergencies
involving risks to the public health or safety within their
jurisdictions that are identified by the Secretary as being risks
resulting from--
``(i) the storage of any such agents and munitions at
military installations in the continental United States; or
``(ii) the destruction of such agents and munitions at
facilities referred to in paragraph (1)(B).
``(B) No assistance may be provided under this paragraph after the
completion of the destruction of the United States stockpile of lethal
chemical agents and munitions.''.
SEC. 1081. SENSE OF SENATE REGARDING THE AUGUST 1995 ASSASSINATION
ATTEMPT AGAINST PRESIDENT SHEVARDNADZE OF GEORGIA.
(a) Findings.--Congress makes the following findings:
(1) On Tuesday, August 29, 1995, President Eduard
Shevardnadze of Georgia narrowly survived a car bomb attack as
he departed his offices in the Georgian Parliament building to
attend the signing ceremony for the new constitution of
Georgia.
(2) The former Chief of the Georgian National Security
Service, Lieutenant General Igor Giorgadze, after being
implicated in organizing the August 29, 1995, assassination
attempt on President Shevardnadze, fled Georgia from the
Russian-controlled Varziani airbase on a Russian military
aircraft.
(3) Lieutenant General Giorgadze has been seen openly in
Moscow and is believed to have been given residence at a
Russian government facility despite the fact that Interpol is
conducting a search for Lieutenant General Giorgadze for his
role in the assassination attempt against President
Shervardnadze.
(4) The Russian Interior Ministry claims that it is unable
to locate Lieutenant General Giorgadze in Moscow.
(5) The Georgian Security and Interior Ministries presented
information to the Russian Interior Ministry on November 13,
1996; January 17, 1997; March 7, 1997; March 24, 1997 and
August 12, 1997, which included the exact location in Moscow of
where Lieutenant General Giorgadze's family lived, the exact
location where Lieutenant General Giorgadze lived outside of
Moscow in a dacha of the Russian Ministry of Defense; as well
as the changing official Russian government license tag numbers
and description of the automobile that Lieutenant General
Giorgadze uses; the people he associates with; the apartments
he visits, and the places including restaurants, markets, and
companies, that he frequents.
(6) On May 12, 1998, the Moscow-based Russian newspaper
Zavtra carried an interview with Lieutenant General Giorgadze
in which Lieutenant General Giorgadze calls for the overthrow
of the Government of Georgia.
(7) Title II of the Foreign Operations Appropriations,
Export Financing, and Related Programs Appropriations Act, 1998
(Public Law 105-118) prohibits assistance to any government of
the new independent states of the former Soviet Union if that
government directs any action in violation of the national
sovereignty of any other new independent state.
(b) Sense of the Senate.--It is the sense of the Senate that the
Secretary of Defense should--
(1) urge the Government of the Russian Federation to
extradite the former Chief of the Georgian National Security
Service, Lieutenant General Igor Giorgadze, to Georgia for the
purpose of standing trial for his role in the attempted
assassination of Georgian President Eduard Shevardnadze on
August 29, 1995;
(2) request cooperation from the Minister of Defense of the
Russian Federation and the Government of the Russian Federation
to ensure that Russian military bases on Georgian territory are
no longer used to facilitate the escape of assassins seeking to
kill the freely elected President of Georgia and to otherwise
respect the national sovereignty of Georgia; and
(3) use all authorities available to the United States
Government to provide urgent and immediate assistance to ensure
to the maximum extent practicable the personal security of
President Shevardnadze.
SEC. 1082. ISSUANCE OF BURIAL FLAGS FOR DECEASED MEMBERS AND FORMER
MEMBERS OF THE SELECTED RESERVE.
Section 2301(a) of title 38, United States Code, is amended--
(1) by striking out ``and'' at the end of paragraph (1);
(2) by striking out the period at the end of paragraph (2)
and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following:
``(3) deceased individual who--
``(A) was serving as a member of the Selected
Reserve (as described in section 10143 of title 10) at
the time of death;
``(B) had served at least one enlistment, or the
period of initial obligated service, as a member of the
Selected Reserve and was discharged from service in the
Armed Forces under conditions not less favorable than
honorable; or
``(C) was discharged from service in the Armed
Forces under conditions not less favorable than
honorable by reason of a disability incurred or
aggravated in line of duty during the individual's
initial enlistment, or period of initial obligated
service, as a member of the Selected Reserve.''.
SEC. 1083. ELIMINATING SECRET SENATE HOLDS.
(a) Standing Order.--It is a standing order of the Senate that a
Senator who provides notice to leadership of his or her intention to
object to proceeding to a motion or matter shall disclose the objection
or hold in the Congressional Record not later than 2 session days after
the date of the notice.
(b) Rulemaking.--This section is adopted--
(1) as an exercise of the rulemaking power of the Senate
and as such it is deemed a part of the rules of the Senate and
it supersedes other rules only to the extent that it is
inconsistent with such rules; and
(2) with full recognition of the constitutional right of
the Senate to change its rules at any time, in the same manner,
and to the same extent as in the case of any other rule of the
Senate.
SEC. 1084. DEFENSE BURDENSHARING.
(a) Revised Goals for Efforts To Increase Allied Burdensharing.--
Subsection (a) of section 1221 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1935; 22 U.S.C.
1928 note) is amended to read as follows:
``(a) Efforts To Increase Allied Burdensharing.--The President
shall seek to have each nation that has cooperative military relations
with the United States (including security agreements, basing
arrangements, or mutual participation in multinational military
organizations or operations) take one or more of the following actions:
``(1) For any nation in which United States military
personnel are assigned to permanent duty ashore, increase its
financial contributions to the payment of the nonpersonnel
costs incurred by the United States Government for stationing
United States military personnel in that nation, with a goal of
achieving by September 30, 2000, 75 percent of such costs. An
increase in financial contributions by any nation under this
paragraph may include the elimination of taxes, fees, or other
charges levied on United States military personnel, equipment,
or facilities stationed in that nation.
``(2) Increase its annual budgetary outlays for national
defense as a percentage of its gross domestic product by 10
percent or at least to a percentage level commensurate to that
of the United States by September 30, 1999.
``(3) Increase the military assets (including personnel,
equipment, logistics, support and other resources) that it
contributes or has pledged to contribute to multinational
military activities worldwide by 10 percent by September 30,
1999.
``(4) Increase its annual budgetary outlays for foreign
assistance (funds to promote democratization, governmental
accountability and transparency, economic stabilization and
development, defense economic conversion, respect for the rule
of law and internationally recognized human rights, or
humanitarian relief efforts) by 10 percent, or to provide such
foreign assistance at a minimum annual rate equal to one
percent of its gross domestic product, by September 30,
1999.''.
(b) Revised Requirement for Report on Progress in Increasing Allied
Burdensharing.--Subsection (c) of such section is amended to read as
follows:
``(c) Report on Progress in Increasing Allied Burdensharing.--Not
later than March 1, 1999, the Secretary of Defense shall submit to
Congress a report on--
``(1) steps taken by other nations toward completing the
actions described in subsection (a);
``(2) all measures taken by the President, including those
authorized in subsection (b), to achieve the actions described
in subsection (a);
``(3) the difference between the amount allocated by other
nations for each of the actions described in subsection (a)
during the period beginning on October 1, 1996, and ending on
September 30, 1997, and during the period beginning on October
1, 1997, and ending on September 30, 1998, or, in the case of
any nation for which the data for such periods is inadequate,
the difference between the amounts for the latest periods for
which adequate data is available; and
``(4) the budgetary savings to the United States that are
expected to accrue as a result of the steps described under
paragraph (1).''.
(c) Extension of Deadline for Report Regarding National Security
Bases for Forward Deployment and Burdensharing Relationships.--
Subsection (d)(2) of such section is amended by striking out ``March 1,
1998'' and inserting in lieu thereof ``March 1, 1999''.
SEC. 1085. REVIEW OF DEFENSE AUTOMATED PRINTING SERVICE FUNCTIONS.
(a) Review Required.--The Secretary of Defense shall provide for a
review of the functions of the Defense Automated Printing Service in
accordance with this section and submit to the Committee on Armed
Services of the Senate and the Committee on National Security of the
House of Representatives the matters required under subsection (d) not
later than March 31, 1999.
(b) Performance by Independent Entity.--The Secretary of Defense
shall select the General Accounting Office, an experienced entity in
the private sector, or any other entity outside the Department of
Defense to perform the review. The Comptroller General shall perform
the review if the Secretary selects the Comptroller General to do so.
(c) Report.--The entity performing the review under this section
shall submit to the Secretary of Defense a report that sets forth the
findings and recommendations of that entity resulting from the review.
The report shall contain the following:
(1) The functions that are inherently national security
functions and, as such, need to be performed within the
Department of Defense, together with a detailed justification
for the determination for each such function.
(2) The functions that are appropriate for transfer to
another appropriate entity to perform, including private sector
entity.
(3) Any recommended legislation and any administrative
action that is necessary for transferring or outsourcing the
functions.
(4) A discussion of the costs or savings associated with
the transfers or outsourcing.
(5) A description of the management structure of the
Defense Automated Printing Service.
(6) A list of all sites where functions of the Defense
Automated Printing Service are performed by the Defense
Automated Printing Service.
(7) The total number of the personnel employed by the
Defense Automated Printing Service and the locations where the
personnel perform the duties as employees.
(8) A description of the functions performed by the Defense
Automated Printing Service and, for each such function, the
number of employees of the Defense Automated Printing Service
that perform the function.
(9) For each site identified under paragraph (6), an
assessment of each type of equipment at the site.
(10) The type and explanation of the networking and
technology integration linking all of the sites referred to in
paragraph (6).
(11) The current and future requirements of customers of
the Defense Automated Printing Service.
(12) An assessment of the effectiveness of the current
structure of the Defense Automated Printing Service in
supporting current and future customer requirements and plans
to address any deficiencies in supporting such requirements.
(13) A description and discussion of the best business
practices that are used by the Defense Automated Printing
Service and of other best business that could be used by the
Defense Automated Printing Service.
(14) Options for maximizing the Defense Automated Printing
Service structure and services to provide the most cost
effective service to its customers.
(d) Review and Comments of Secretary of Defense.--(1) After
reviewing the report, the Secretary of Defense shall submit the report
to Congress, together with the Secretary's comments on the report and a
plan to transfer or outsource from the Defense Automated Printing
Service to another appropriate entity the functions of the Defense
Automated Printing Service that--
(1) are not identified in the report as being inherently
national security functions; and
(2) the Secretary believes should be transferred or
outsourced for performance outside the Department of Defense in
accordance with law.
(e) Extension of Requirement for Competitive Procurement of
Services.--Section 351(a) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 266), as amended by
section 351(a) of Public Law 104-201 (110 Stat. 2490) and section
387(a)(1) of Public Law 105-85 (111 Stat. 1713), is further amended by
striking out ``1998'' and inserting in lieu thereof ``1999''.
SEC. 1086. INCREASED MISSILE THREAT IN ASIA-PACIFIC REGION.
(a) Study.--The Secretary of Defense shall carry out a study of the
architecture requirements for the establishment and operation of a
theater ballistic missile defense system in the Asia-Pacific region
that would have the capability to protect key regional allies of the
United States.
(b) Report.--(1) Not later than January 1, 1999, the Secretary
shall submit to the Committee on National Security of the House of
Representatives and the Committee on Armed Services of the Senate a
report containing--
(A) the results of the study conducted under subsection
(a);
(B) the factors used to obtain such results; and
(C) a description of any existing United States missile
defense system that could be transferred to key allies of the
United States in the Asia-Pacific region to provide for their
self-defense against limited ballistic missile attacks.
(2) The report shall be submitted in both classified and
unclassified form.
SEC. 1087. COOPERATION BETWEEN THE DEPARTMENT OF THE ARMY AND THE EPA
IN MEETING CWC REQUIREMENTS.
(a) Findings.--The Senate finds that:
(1) Compliance with international obligations to destroy
the United States chemical stockpile by April 28, 2007, as
required under the Chemical Weapons Convention (CWC), is a
national priority.
(2) The President should ensure that the Department of
Defense and the Department of the Army receive all necessary
assistance from Federal agencies in expediting and accelerating
the destruction of the lethal chemical stockpile.
(3) The Environmental Protection Agency, as one of the
Federal agencies with responsibilities to assist the Department
of Defense and the Department of the Army, has asserted that it
is not adequately funded to provide, or meet its National
responsibilities under the Resource Conservation and Recovery
Act (RCRA) permitting requirements, in order to assist the
United States Government in meeting its international
obligations to destroy its lethal chemical stockpile.
(4) The Environmental Protection Agency (EPA) should work
in concert with the State and local governments in this
process, and that they should properly budget for this process.
(b) Report Required.--The Department of Defense, in coordination
with the Environmental Protection Agency, shall report to the
congressional defense committees by April 1, 1999, on the following--
(1) responsibilities associated with obligations under the
Resource Conservation and Recovery Act (RCRA) permitting
process related to United States international obligations
under the CWC to destroy the United States chemical stockpile;
(2) technical assistance provided by the EPA to its
regional offices and the States and local governments in the
permitting process, and how that assistance facilitates the
issuance of the environmental permits at the various sites;
(3) responsibility of the Department of Defense to provide
funding to the EPA, for the facilitation of meetings of the
National Chemical Agent Demilitarization Workgroup, meetings
between the Office of Solid Waste and the affected EPA Regional
Offices and States, and meetings between the Office of Solid
Waste, the Program Manager for Chemical Demilitarization and
the Department of Defense; and
(4) responsibility of the Department of Defense and the
Department of the Army to provide funds to the Environmental
Protection Agency to hire full-time equivalents to assist in
the formulation of RCRA permits.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
SEC. 1101. REPEAL OF EMPLOYMENT PREFERENCE NOT NEEDED FOR RECRUITMENT
AND RETENTION OF QUALIFIED CHILD CARE PROVIDERS.
Section 1792 of title 10, United States Code, is amended--
(1) by striking out subsection (d); and
SEC. 1102. MAXIMUM PAY RATE COMPARABILITY FOR FACULTY MEMBERS OF THE
UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY.
Section 9314(b)(2)(B) of title 10, United States Code, is amended
by striking out ``section 5306(e)'' and inserting in lieu thereof
``section 5373''.
(2) by redesignating subsection (e) as subsection (d).
SEC. 1103. FOUR-YEAR EXTENSION OF VOLUNTARY SEPARATION INCENTIVE PAY
AUTHORITY.
Section 5597(e) of title 5, United States Code, is amended by
striking out ``September 30, 2001'' and inserting in lieu thereof
``September 30, 2003''.
SEC. 1104. DEPARTMENT OF DEFENSE EMPLOYEE VOLUNTARY EARLY RETIREMENT
AUTHORITY.
(a) Civil Service Retirement System.--Section 8336 of title 5,
United States Code, is amended--
(1) in subsection (d)(2), by inserting ``except in the case
of an employee described in subsection (o)(1),'' after ``(2)'';
and
(2) by adding at the end the following:
``(o)(1) An employee of the Department of Defense who is separated
from the service under conditions described in paragraph (2) after
completing 25 years of service or after becoming 50 years of age and
completing 20 years of service is entitled to an annuity.
``(2) Paragraph (1) applies to an employee who--
``(A) has been employed continuously by the Department of
Defense for more than 30 days before the date on which the
Secretary concerned requests the determinations required under
in subparagraph (D)(i);
``(B) is serving under an appointment that is not limited
by time;
``(C) has not received a decision notice of involuntary
separation for misconduct or unacceptable performance that is
pending decision; and
``(D) is separated from the service voluntarily during a
period in which--
``(i) the Department of Defense or the military
department or subordinate organization within the
Department of Defense or military department in which
the employee is serving is undergoing a major
reorganization, a major reduction in force, or a major
transfer of function, and employees comprising a
significant percentage of the employees serving in that
department or organization are to be separated or
subject to an immediate reduction in the rate of basic
pay (without regard to subchapter VI of chapter 53, or
comparable provisions of law), as determined by the
Office of Personnel Management (under regulations
prescribed by the Office) upon the request of the
Secretary concerned; and
``(ii) 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 concerned under
regulations prescribed by the Office.
``(3) In this subsection, the term `Secretary concerned' means--
``(A) the Secretary of Defense, with respect to an employee
of the Department of Defense not employed in a position in a
military department;
``(B) the Secretary of the Army, with respect to an
employee of the Department of the Army;
``(C) the Secretary of the Navy, with respect to an
employee of the Department of the Navy;
``(D) the Secretary of the Air Force, with respect to an
employee of the Department of the Air Force.''.
(b) Federal Employees' Retirement System.--Section 8414 of such
title is amended--
(1) in subsection (b)(1)(B), inserting ``except in the case
of an employee described in subsection (d)(1),'' after ``(B)'';
and
(2) by adding at the end the following:
``(d)(1) An employee of the Department of Defense who is separated
from the service under conditions described in paragraph (2) after
completing 25 years of service or after becoming 50 years of age and
completing 20 years of service is entitled to an annuity.
``(2) Paragraph (1) applies to an employee who--
``(A) has been employed continuously by the Department of
Defense for more than 30 days before the date on which the
Secretary concerned requests the determinations required under
subparagraph (D)(i);
``(B) is serving under an appointment that is not limited
by time;
``(C) has not received a decision notice of involuntary
separation for misconduct or unacceptable performance that is
pending decision; and
``(D) is separated from the service voluntarily during a
period in which--
``(i) the Department of Defense or the military
department or subordinate organization within the
Department of Defense or military department in which
the employee is serving is undergoing a major
reorganization, a major reduction in force, or a major
transfer of function, and employees comprising a
significant percentage of the employees serving in that
department or organization are to be separated or
subject to an immediate reduction in the rate of basic
pay (without regard to subchapter VI of chapter 53, or
comparable provisions of law), as determined by the
Office of Personnel Management (under regulations
prescribed by the Office) upon the request of the
Secretary concerned; and
``(ii) 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 concerned under
regulations prescribed by the Office.
``(3) In this subsection, the term `Secretary concerned' means--
``(A) the Secretary of Defense, with respect to an employee
of the Department of Defense not employed in a position in a
military department;
``(B) the Secretary of the Army, with respect to an
employee of the Department of the Army;
``(C) the Secretary of the Navy, with respect to an
employee of the Department of the Navy;
``(D) the Secretary of the Air Force, with respect to an
employee of the Department of the Air Force.''.
(c) Conforming Amendments.--(1) Section 8339(h) of such title is
amended by striking out ``or (j)'' in the first sentence and inserting
in lieu thereof ``(j), or (o)''.
(2) Section 8464(a)(1)(A)(i) of such title is amended by striking
out ``or (b)(1)(B)'' and inserting in lieu thereof ``, (b)(1)(B), or
(d)''.
SEC. 1105. DEFENSE ADVANCED RESEARCH PROJECTS AGENCY EXPERIMENTAL
PERSONNEL MANAGEMENT PROGRAM FOR TECHNICAL PERSONNEL.
(a) Program Authorized.--During the 5-year period beginning on the
date of the enactment of this Act, the Secretary of Defense may carry
out a program of experimental use of special personnel management
authority provided in this section in order to facilitate the
recruitment of eminent experts in science or engineering for research
and development projects administered by the Defense Advanced Research
Projects Agency.
(b) Special Personnel Management Authority.--Under the program, the
Secretary may--
(1) appoint scientists and engineers from outside the civil
service and uniformed services (as such terms are defined in
section 2101 of title 5, United States Code) to not more than
20 scientific and engineering positions in the Defense Advanced
Research Projects Agency without regard to any provision of
title 5, United States Code, governing the appointment of
employees in the civil service;
(2) prescribe the rates of basic pay for positions to which
employees are appointed under paragraph (1) at rates not in
excess of the maximum rate of basic pay authorized for senior-
level positions under section 5376 of title 5, United States
Code, notwithstanding any provision of such title governing the
rates of pay or classification of employees in the executive
branch; and
(3) pay any employee appointed under paragraph (1) payments
in addition to basic pay within the limit applicable to the
employee under subsection (d)(1).
(c) Limitation on Term of Appointment.--(1) Except as provided in
paragraph (2), the service of an employee under an appointment under
subsection (b)(1) may not exceed four years.
(2) The Secretary may, in the case of a particular employee, extend
the period to which service is limited under paragraph (1) by up to two
years if the Secretary determines that such action is necessary to
promote the efficiency of the Defense Advanced Research Projects
Agency.
(d) Limitations on Additional Payments.--(1) The total amount of
the additional payments paid to an employee under subsection (b)(3) for
any 12-month period may not exceed the least of the following amounts:
(A) $25,000.
(B) The amount equal to 25 percent of the employee's annual
rate of basic pay.
(C) The amount of the limitation that is applicable for a
calendar year under section 5307(a)(1) of title 5, United
States Code.
(2) An employee appointed under subsection (b)(1) is not eligible
for any bonus, monetary award, or other monetary incentive for service
except for payments authorized under subsection (b)(3).
(e) Period of Program.--(1) The program authorized under this
section shall terminate at the end of the 5-year period referred to in
subsection (a).
(2) After the termination of the program--
(A) no appointment may be made under paragraph (1) of
subsection (b);
(B) a rate of basic pay prescribed under paragraph (2) of
that subsection may not take effect for a position; and
(C) no period of service may be extended under subsection
(c)(1).
(f) Savings Provisions.--In the case of an employee who, on the day
before the termination of the program, is serving in a position
pursuant to an appointment under subsection (b)(1)--
(1) the termination of the program does not terminate the
employee's employment in that position before the expiration of
the lesser of--
(A) the period for which the employee was
appointed; or
(B) the period to which the employee's service is
limited under subsection (c), including any extension
made under paragraph (2) of that subsection before the
termination of the program; and
(2) the rate of basic pay prescribed for the position under
subsection (b)(2) may not be reduced for so long (within the
period applicable to the employee under paragraph (1)) as the
employee continues to serve in the position without a break in
service.
(g) Annual Report.--(1) Not later than October 15 of each year,
beginning in 1999, the Secretary of Defense shall submit a report on
the program to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives. The
report submitted in a year shall cover the 12-month period ending on
the day before the anniversary, in that year, of the date of the
enactment of this Act.
(2) The annual report shall contain, for the period covered by the
report, the following:
(A) A detailed discussion of the exercise of authority
under this section.
(B) The sources from which appointees were recruited.
(C) The methodology used for identifying and selecting
appointees.
(D) Any additional information that the Secretary considers
helpful for assessing the utility of the authority under this
section.
TITLE XII--JOINT WARFIGHTING EXPERIMENTATION
SEC. 1201. FINDINGS.
Congress makes the following findings:
(1) The collapse of the Soviet Union in 1991 and the
unprecedented explosion of technological advances that could
fundamentally redefine military threats and military
capabilities in the future have generated a need to assess the
defense policy, strategy, and force structure necessary to meet
future defense requirements of the United States.
(2) The assessment conducted by the administration of
President Bush (known as the ``Base Force'' assessment) and the
assessment conducted by the administration of President Clinton
(known as the ``Bottom-Up Review'') were important attempts to
redefine the defense strategy of the United States and the
force structure of the Armed Forces necessary to execute that
strategy.
(3) Those assessments have become inadequate as a result of
the pace of global geopolitical change and the speed of
technological change, which have been greater than expected.
(4) The Chairman of the Joint Chiefs of Staff reacted to
the changing environment by developing and publishing in May
1996 a vision statement, known as ``Joint Vision 2010'', to be
a basis for the transformation of United States military
capabilities. The vision statement embodies the improved
intelligence and command and control that is available in the
information age and sets forth the operational concepts of
dominant maneuver, precision engagement, full-dimensional
protection, and focused logistics to achieve the objective of
full spectrum dominance.
(5) In 1996 Congress, concerned about the shortcomings in
defense policies and programs derived from the Base-Force
Review and the Bottom-Up Review, determined that there was a
need for a new, comprehensive assessment of the defense
strategy of the United States and the force structure of the
Armed Forces necessary for meeting the threats to the United
States in the 21st century.
(6) As a result of that determination, Congress passed the
Military Force Structure Review Act of 1996 (subtitle B of
title IX of the National Defense Authorization Act for Fiscal
Year 1997), which required the Secretary of Defense to complete
in 1997 a quadrennial defense review of the defense program of
the United States. The review was required to include a
comprehensive examination of the defense strategy, force
structure, force modernization plans, infrastructure, and other
elements of the defense program and policies with a view toward
determining and expressing the defense strategy of the United
States and establishing a revised defense program through 2005.
The Act also established a National Defense Panel to assess the
Quadrennial Defense Review and to conduct an independent,
nonpartisan review of the strategy, force structure, and
funding required to meet anticipated threats to the national
security of the United States through 2010 and beyond.
(7) The Quadrennial Defense Review, completed by the
Secretary of Defense in May 1997, defined the defense strategy
in terms of ``Shape, Respond, and Prepare Now''. The
Quadrennial Defense Review placed greater emphasis on the need
to prepare now for an uncertain future by exploiting the
revolution in technology and transforming the force toward
Joint Vision 2010. It concluded that our future force will be
different in character than our current force.
(8) The National Defense Panel Report, published in
December 1997, concluded that ``the Department of Defense
should accord the highest priority to executing a
transformation strategy for the United States military,
starting now.'' The panel recommended the establishment of a
Joint Forces Command with the responsibility to be the joint
force integrator and provider and the responsibility for
driving the process for transforming United States forces,
including the conduct of joint experimentation, and to have the
budget for carrying out those responsibilities.
(9) The assessments of both the Quadrennial Defense Review
and the National Defense Panel provide Congress with a
compelling argument that the future security environment and
the military challenges to be faced by the United States in the
future will be fundamentally different than the current
environment and challenges. The assessments also reinforce the
foundational premise of the Goldwater-Nichols Department of
Defense Reorganization Act of 1986 that warfare, in all of its
varieties, will be joint warfare requiring the execution of
developed joint operational concepts.
(10) A process of joint experimentation is necessary for--
(A) integrating advances in technology with changes
in the organizational structure of the Armed Forces and
the development of joint operational concepts that will
be effective against national security threats
anticipated for the future; and
(B) identifying and assessing the interdependent
aspects of joint warfare that are key for transforming
the conduct of military operations by the United States
to meet those anticipated threats successfully.
(11) It is critical for future readiness that the Armed
Forces of the United States innovatively investigate and test
technologies, forces, and joint operational concepts in
simulations, wargames, and virtual settings, as well as in
field environments under realistic conditions against the full
range of future challenges. It is essential that an energetic
and innovative organization be established and empowered to
design and implement a process of joint experimentation to
develop and validate new joint warfighting concepts, along with
experimentation by the Armed Forces, that is directed at
transforming the Armed Forces to meet the threats to the
national security that are anticipated for the early 21st
century. That process will drive changes in doctrine,
organization, training and education, materiel, leadership, and
personnel.
(12) The Department of Defense is committed to conducting
aggressive experimentation as a key component of its
transformation strategy.
(13) The competition of ideas is critical for achieving
effective transformation. Experimentation by each of the Armed
Forces has been, and will continue to be, a vital aspect of the
pursuit of effective transformation. Joint experimentation
leverages the effectiveness of each of the Armed Forces and the
Defense Agencies.
SEC. 1202. SENSE OF CONGRESS.
(a) Designation of Commander To Have Joint Warfighting
Experimentation Mission.--It is the sense of Congress that Congress
supports the initiative of the Secretary of Defense and the Chairman of
the Joint Chiefs of Staff to designate a commander of a combatant
command to have the mission for joint warfighting experimentation,
consistent with the understanding of Congress that the Chairman of the
Joint Chiefs of Staff will assign the designated commander the tasks to
develop and validate new joint warfighting concepts and capabilities,
and to determine the implications, for doctrine, organization, training
and education, materiel, leadership, and personnel, of the Department
of Defense strategy for transforming the Armed Forces to meet the
national security threats of the future.
(b) Resources of Commander.--It is, further, the sense of Congress
that the commander designated to have the joint warfighting
experimentation mission should--
(1) have sufficient freedom of action and authority over
the necessary forces to successfully establish and conduct the
process of joint warfighting experimentation;
(2) be provided resources adequate for the joint
warfighting experimentation process; and
(3) have authority over the use of the resources for the
planning, preparation, conduct, and assessment of joint
warfighting experimentation.
(c) Authority and Responsibilities of Commander.--It is, further,
the sense of Congress that, for the conduct of joint warfighting
experimentation to be effective, it is necessary that the commander
designated to have the joint warfighting experimentation mission also
have the authority and responsibility for the following:
(1) Developing and implementing a process of joint
experimentation to formulate and validate concepts critical for
joint warfighting in the future, including (in such process)
analyses, simulations, wargames, information superiority and
other experiments, advanced concept technology demonstrations,
and joint exercises conducted in virtual and actual field
environments.
(2) Planning, preparing, and conducting the program of
joint warfighting experimentation.
(3) Assessing the effectiveness of organizational
structures, operational concepts, and technologies employed in
joint experimentation, investigating opportunities for
coordinating the evolution of the organizational structure of
the Armed Forces compatibly with the concurrent evolution of
advanced technologies, and investigating new concepts for
transforming joint warfighting capabilities to meet the
operational challenges expected to be encountered by the Armed
Forces in the early 21st century.
(4) Coordinating with each of the Armed Forces and the
Defense Agencies regarding the development of the equipment
(including surrogate or real technologies, platforms, and
systems) necessary for the conduct of joint experimentation,
or, if necessary, developing such equipment directly.
(5) Coordinating with each of the Armed Forces and the
Defense Agencies regarding the acquisition of the materiel,
supplies, services, and surrogate or real technology resources
necessary for the conduct of joint experimentation, or, if
necessary, acquiring such items and services directly.
(6) Developing scenarios and measures of effectiveness for
joint experimentation.
(7) Conducting so-called ``red team'' vulnerability
assessments as part of joint experimentation.
(8) Assessing the interoperability of equipment and forces.
(9) Providing the Secretary of Defense and the Chairman of
the Joint Chiefs of Staff with the commander's recommendations
(developed on the basis of joint experimentation) for reducing
unnecessary redundancy of equipment and forces.
(10) Providing the Secretary of Defense and the Chairman of
the Joint Chiefs of Staff with the commander's recommendations
(developed on the basis of joint experimentation) regarding
synchronization of the fielding of advanced technologies among
the Armed Forces to enable the development and execution of
joint operational concepts.
(11) Submitting, reviewing, and making recommendations (in
conjunction with the joint experimentation and evaluation
process) to the Chairman of the Joint Chiefs of Staff on
mission needs statements and operational requirements
documents.
(12) Exploring new operational concepts (including those
developed within the Office of the Secretary of Defense and
Defense Agencies, other unified commands, the Armed Forces, and
the Joint Staff), and integrating and testing in joint
experimentation the systems and concepts that result from
warfighting experimentation by the Armed Forces and the Defense
Agencies.
(13) Developing, planning, refining, assessing, and
recommending to the Secretary of Defense and the Chairman of
the Joint Chiefs of Staff the most promising joint concepts and
capabilities for experimentation and assessment.
(14) Assisting the Secretary of Defense and the Chairman of
the Joint Chiefs of Staff to prioritize joint requirements and
acquisition programs on the basis of joint warfighting
experimentation.
(d) Continued Experimentation by Other Defense Organizations.--It
is, further, the sense of Congress that--
(1) the Armed Forces are expected to continue to develop
concepts and conduct intraservice and multiservice warfighting
experimentation within their core competencies; and
(2) the commander of United States Special Operations
Command is expected to continue to develop concepts and conduct
joint experimentation associated with special operations
forces.
(e) Congressional Review.--It is, further, the sense of Congress
that--
(1) Congress will carefully review the initial report and
annual reports on joint warfighting experimentation required
under section 1203 to determine the adequacy of the scope and
pace of the transformation of the Armed Forces to meet future
challenges to the national security; and
(2) if the progress is inadequate, Congress will consider
legislation to establish a unified combatant command with the
mission, forces, budget, responsibilities, and authority
described in the preceding provisions of this section.
SEC. 1203. REPORTS ON JOINT WARFIGHTING EXPERIMENTATION.
(a) Initial Report.--(1) On such schedule as the Secretary of
Defense shall direct, the commander of the combatant command assigned
the mission for joint warfighting experimentation shall submit to the
Secretary an initial report on the implementation of joint
experimentation. Not later than April 1, 1999, the Secretary shall
submit the report, together with any comments that the Secretary
considers appropriate and any comments that the Chairman of the Joint
Chiefs of Staff considers appropriate, to the Chairmen of the Committee
on Armed Services of the Senate and the Committee on National Security
of the House of Representatives.
(2) The initial report of the commander shall include the
following:
(A) The commander's understanding of the commander's
specific authority and responsibilities and of the commander's
relationship to the Secretary of Defense, the Chairman of the
Joint Chiefs of Staff, the Joint Staff, the commanders of other
combatant commands, the Armed Forces, and the Defense Agencies
and activities.
(B) The organization of the commander's combatant command,
and of its staff, for carrying out the joint warfighting
experimentation mission.
(C) The process established for tasking forces to
participate in joint warfighting experimentation and the
commander's specific authority over the forces.
(D) Any forces designated or made available as joint
experimentation forces.
(E) The resources provided for joint warfighting
experimentation, including the personnel and funding for the
initial implementation of joint experimentation, the process
for providing the resources to the commander, the categories of
the funding, and the authority of the commander for budget
execution.
(F) The authority of the commander, and the process
established, for the development and acquisition of the
material, supplies, services, and equipment necessary for the
conduct of joint warfighting experimentation, including the
authority and process for development and acquisition by the
Armed Forces and the Defense Agencies and the authority and
process for development and acquisition by the commander
directly.
(G) The authority of the commander to design, prepare, and
conduct joint experiments (including the scenarios and measures
of effectiveness used) for assessing operational concepts for
meeting future challenges to the national security.
(H) The role assigned the commander for--
(i) integrating and testing in joint warfighting
experimentation the systems that emerge from
warfighting experimentation by the Armed Forces or the
Defense Agencies;
(ii) assessing the effectiveness of organizational
structures, operational concepts, and technologies
employed in joint warfighting experimentation; and
(iii) assisting the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff in prioritizing
acquisition programs in relationship to future joint
warfighting capabilities.
(I) Any other comments that the commander considers
appropriate.
(b) Annual Report.--(1) On such schedule as the Secretary of
Defense shall direct, the commander of the combatant command assigned
the mission for joint warfighting experimentation shall submit to the
Secretary an annual report on the conduct of joint experimentation
activities for the fiscal year ending in the year of the report. Not
later than December 1 of each year, the Secretary shall submit the
report, together with any comments that the Secretary considers
appropriate and any comments that the Chairman of the Joint Chiefs of
Staff considers appropriate, to the Chairmen of the Committee on Armed
Services of the Senate and the Committee on National Security of the
House of Representatives. The first annual report shall be submitted in
1999.
(2) The annual report of the commander shall include, for the
fiscal year covered by the report, the following:
(A) Any changes in--
(i) the commander's authority and responsibilities
for joint warfighting experimentation;
(ii) the commander's relationship to the Secretary
of Defense, the Chairman of the Joint Chiefs of Staff,
the Joint Staff, the commanders of the other combatant
commands, the Armed Forces, or the Defense Agencies or
activities;
(iii) the organization of the commander's command
and staff for joint warfighting experimentation;
(iv) any forces designated or made available as
joint experimentation forces;
(v) the process established for tasking forces to
participate in joint experimentation activities or the
commander's specific authority over the tasked forces;
(vi) the procedures for providing funding for the
commander, the categories of funding, or the
commander's authority for budget execution;
(vii) the authority of the commander, and the
process established, for the development and
acquisition of the material, supplies, services, and
equipment necessary for the conduct of joint
warfighting experimentation;
(viii) the commander's authority to design,
prepare, and conduct joint experiments (including the
scenarios and measures of effectiveness used) for
assessing operational concepts for meeting future
challenges to the national security; or
(ix) any role described in subsection (a)(2)(H).
(B) The conduct of joint warfighting experimentation
activities, including the number of activities, the forces
involved, the national security challenges addressed, the
operational concepts assessed, and the scenarios and measures
of effectiveness used.
(C) An assessment of the results of warfighting
experimentation within the Department of Defense.
(D) The effect of warfighting experimentation on the
process for transforming the Armed Forces to meet future
challenges to the national security.
(E) Any recommendations that the commander considers
appropriate regarding--
(i) the development or acquisition of advanced
technologies; or
(ii) changes in organizational structure,
operational concepts, or joint doctrine.
(F) An assessment of the adequacy of resources, and any
recommended changes for the process of providing resources, for
joint warfighting experimentation.
(G) Any recommended changes in the authority or
responsibilities of the commander.
(H) Any additional comments that the commander considers
appropriate.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 1999''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2104(a)(1), the
Secretary of the Army may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Alabama...................... Anniston Army Depot...... $3,550,000
Fort Rucker.............. $10,000,000
Alaska....................... Fort Wainwright.......... $22,600,000
California................... Fort Irwin............... $7,000,000
Georgia...................... Fort Benning............. $28,600,000
Fort Stewart............. $17,000,000
Hawaii....................... Schofield Barracks....... $67,500,000
Illinois..................... Rock Island Arsenal...... $5,300,000
Indiana...................... Crane Army Ammunition $7,100,000
Activity.
Kentucky..................... Bluegrass Army Depot..... $5,300,000
Fort Campbell............ $41,000,000
Louisiana.................... Fort Polk................ $8,300,000
Maryland..................... Fort Detrick............. $3,550,000
Fort Meade............... $5,300,000
Missouri..................... Fort Leonard Wood........ $5,200,000
New York..................... Fort Drum................ $4,650,000
United States Military $85,000,000
Academy, West Point.
North Carolina............... Fort Bragg............... $85,300,000
Oklahoma..................... Fort Sill................ $13,800,000
McAlester Army Ammunition $10,800,000
Plant.
Texas........................ Fort Bliss............... $4,100,000
Fort Hood................ $32,500,000
Fort Sam Houston......... $21,800,000
Utah......................... Tooele Army Depot........ $3,900,000
Virginia..................... Charlottesville.......... $46,200,000
Fort Eustis.............. $36,531,000
Washington................... Fort Lewis............... $18,200,000
CONUS Classified............. Classified Locations..... $4,600,000
---------------
Total:............... $604,681,000
------------------------------------------------------------------------
(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
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Belgium........................ 80th Area Support Group $6,300,000
Germany........................ Schweinfurt............ $18,000,000
Wuerzburg.............. $4,250,000
Korea.......................... Camp Casey............. $13,400,000
Camp Castle............ $18,226,000
Camp Humphreys......... $8,500,000
Camp Stanley........... $5,800,000
Kwajalein...................... Kwajalein Atoll........ $48,600,000
---------------
Total:............. $123,076,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alabama............................... Redstone Arsenal......... 118 Units.................... $14,000,000
Hawaii................................ Schofield Barracks....... 64 Units..................... $14,700,000
North Carolina........................ Fort Bragg............... 170 Units.................... $19,800,000
Texas................................. Fort Hood................ 154 Units.................... $21,600,000
---------------
Total:................... $70,100,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2104(a)(5)(A), the
Secretary of the Army may 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 $7,490,000.
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
section 2104(a)(5)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $46,029,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1998, for military
construction, land acquisition, and military family housing functions
of the Department of the Army in the total amount of $1,983,304,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $516,681,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $87,076,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $10,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $65,295,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $123,619,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $1,104,733,000.
(6) For the Homeowners Assistance Program as authorized by
section 2832 of title 10, United States Code, $12,800,000.
(7) For the construction of the missile software
engineering annex, phase II, Redstone Arsenal, Alabama,
authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 1998 (division B of Public
Law 105-85; 111 Stat. 1966), $13,600,000.
(8) For the construction of a disciplinary barracks, phase
II, Fort Leavenworth, Kansas, authorized by section 2101(a) of
the Military Construction Authorization Act for Fiscal Year
1998, $29,000,000.
(9) For the construction of the whole barracks complex
renewal, Fort Sill, Oklahoma, authorized by section 2101(a) of
the Military Construction Authorization Act for Fiscal Year
1998, $20,500,000.
(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) $73,000,000 (the balance of the amount authorized to be
appropriated under section 2101(a) of this Act for the
construction of the Cadet Physical Development project at the
United States Military Academy, West Point, New York);
(3) $15,000,000 (the balance of the amount authorized to be
appropriated under section 2101(a) of this Act for the
construction of a rail head facility at Fort Hood, Texas); and
(4) $36,000,000 (the balance of the amount authorized to be
appropriated under section 2101(b) of this Act for the
construction of a power plant on Roi Namur Island, Kwajalein
Atoll).
(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
$1,639,000, which represents the combination of project savings in
military construction resulting from favorable bids, reduced overhead
costs, and cancellations due to force structure changes.
(d) Availability of Certain Funds.--Notwithstanding section 2701 or
any other provision of law, the amounts appropriated pursuant to the
authorization of appropriations in subsection (a)(6) shall remain
available until expended.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 1998
PROJECT.
The table in section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 1998 (division B of Public Law 105-
85; 111 Stat. 1967) is amended in the item relating to Fort Sill,
Oklahoma, by striking out ``$25,000,000'' in the amount column and
inserting in lieu thereof ``$28,500,000''.
(b) Conforming Amendments.--(1) The table in section 2101(a) of
that Act is amended in the item relating to the total by striking out
``$598,750,000'' in the amount column and inserting in lieu thereof
``$602,250,000''.
(2) Section 2104 of that Act (111 Stat. 1968) is amended--
(A) in the matter preceding paragraph (1), by striking out
``$2,010,466,000'' and inserting in lieu thereof
``$2,013,966,000''; and
(B) in paragraph (1), by striking out ``$435,350,000'' and
inserting in lieu thereof ``$438,850,000''.
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a)(1), the
Secretary of the Navy may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Arizona........................ Marine Corps Air $11,010,000
Station, Yuma.
Naval Observatory $990,000
Detachment, Flagstaff.
California..................... Marine Corps Air $29,570,000
Station, Miramar.
Marine Corps Base, Camp $28,240,000
Pendleton.
Naval Air Station, $20,640,000
Lemoore.
Naval Air Warfare $3,240,000
Center Weapons
Division, China Lake.
Naval Facility, San $8,350,000
Clemente Island.
Naval Submarine Base, $11,400,000
San Diego.
Connecticut.................... Naval Submarine Base, $12,510,000
New London.
District of Columbia........... Naval District, $790,000
Washington.
Florida........................ Naval Air Station, Key $3,730,000
West.
Naval Air Station, $1,400,000
Whiting Field.
Georgia........................ Naval Submarine Base, $2,550,000
Kings Bay.
Hawaii......................... Marine Corps Air $27,410,000
Station, Kaneohe Bay.
Marine Corps Base, $23,570,000
Hawaii.
Naval Communications & $1,970,000
Telecommunications
Area Master Station
Eastern Pacific,
Wahiawa.
Naval Shipyard, Pearl $11,400,000
Harbor.
Naval Submarine Base, $8,060,000
Pearl Harbor.
Navy Public Works $28,967,000
Center, Pearl Harbor.
Fleet and Industrial $9,730,000
Supply Center, Pearl
Harbor.
Naval Station, Pearl $18,180,000
Harbor.
Illinois....................... Naval Training Center, $5,750,000
Great Lakes.
Naval Training Center, $7,410,000
Great Lakes.
Maryland....................... Naval Surface Warfare $6,680,000
Center, Indian Head
Division, Indian Head.
United States Naval $4,300,000
Academy.
Mississippi.................... Naval Construction $10,670,000
Battalion Center,
Gulfport.
North Carolina................. Marine Corps Air $6,040,000
Station, Cherry Point.
Marine Corps Base, Camp $30,300,000
LeJeune.
Rhode Island................... Naval Education and $5,630,000
Training Center,
Newport.
Naval Undersea Warfare $9,140,000
Center Division,
Newport.
South Carolina................. Marine Corps Air $1,770,000
Station, Beaufort.
Marine Corps Recruit $7,960,000
Depot, Parris Island.
Naval Weapons Station, $9,737,000
Charleston.
Virginia....................... Fleet and Industrial $1,770,000
Supply Center, Norfolk
(Craney Island).
Fleet Training Center, $5,700,000
Norfolk.
Naval Shipyard, $6,180,000
Norfolk, Portsmouth.
Naval Station, Norfolk. $45,530,000
Naval Surface Warfare $5,130,000
Center, Dahlgren.
Tactical Training Group $2,430,000
Atlantic, Dam Neck.
Washington..................... Strategic Weapons $2,750,000
Facility Pacific,
Bremerton.
Naval Shipyard, Puget $4,300,000
Sound, Bremerton.
---------------
Total:............. $442,884,000
------------------------------------------------------------------------
(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 installations and locations outside the
United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Greece......................... Naval Support Activity, $5,260,000
Souda Bay.
Guam........................... Naval Activities, Guam. $10,310,000
Italy.......................... Naval Support Activity, $18,270,000
Naples.
United Kingdom................. Joint Maritime $2,010,000
Communications Center,
St. Mawgan.
---------------
Total:............. $35,850,000
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
California............................ Naval Air Station, 162 Units.................... $30,379,000
Lemoore.
Hawaii................................ Navy Public Works Center, 150 Units.................... $29,125,000
Pearl Harbor.
---------------
Total:................... $59,504,000
----------------------------------------------------------------------------------------------------------------
(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 $15,618,000.
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 $211,991,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1998, for military
construction, land acquisition, and military family housing functions
of the Department of the Navy in the total amount of $1,737,021,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $429,384,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $35,850,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $8,900,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $60,481,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $287,113,000.
(B) For support of military housing (including
functions described in section 2833 of title 10, United
States Code), $915,293,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a); and
(2) $13,500,000 (the balance of the amount authorized under
section 2201(a) of this Act for the construction of a berthing
pier at Naval Station, Norfolk, Virginia).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (5) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs reduced by
$6,323,000, which represents the combination of project savings in
military construction resulting from favorable bids, reduced overhead
costs, and cancellations due to force structure changes.
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(1), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................ Maxwell Air Force Base. $19,398,000
Alaska......................... Eielson Air Force Base. $10,552,000
Arkansas....................... Little Rock Air Force $1,500,000
Base.
California..................... Edwards Air Force Base. $10,361,000
Travis Air Force Base.. $4,250,000
Vandenberg Air Force $18,709,000
Base.
Colorado....................... Falcon Air Force $9,601,000
Station.
United States Air Force $4,413,000
Academy.
Delaware....................... Dover Air Force Base... $1,600,000
District of Columbia........... Bolling Air Force Base. $2,948,000
Florida........................ Eglin Air Force Base... $20,437,000
Eglin Auxiliary Field 9 $3,837,000
MacDill Air Force Base. $5,008,000
Georgia........................ Robins Air Force Base.. $11,894,000
Hawaii......................... Hickam Air Force Base.. $5,890,000
Idaho.......................... Mountain Home Air Force $17,897,000
Base.
Kansas......................... McConnell Air Force $2,900,000
Base.
Maryland....................... Andrews Air Force Base. $4,448,000
Massachusetts.................. Hanscom Air Force Base. $10,000,000
Mississippi.................... Keesler Air Force Base. $35,526,000
Columbus Air Force Base $8,200,000
Montana........................ Malmstrom Air Force $13,200,000
Base.
Nevada......................... Indian Springs......... $15,013,000
Nellis Air Force Base.. $6,378,000
New Jersey..................... McGuire Air Force Base. $6,044,000
New Mexico..................... Cannon Air Force Base.. $6,500,000
Kirtland Air Force Base $8,574,000
North Carolina................. Seymour Johnson Air $6,100,000
Force Base.
North Dakota................... Grand Forks Air Force $2,686,000
Base.
Minot Air Force Base... $8,500,000
Ohio........................... Wright-Patterson Air $22,000,000
Force Base.
Oklahoma....................... Altus Air Force Base... $4,000,000
Tinker Air Force Base.. $24,985,000
Vance Air Force Base... $6,223,000
South Carolina................. Charleston Air Force $24,330,000
Base.
Shaw Air Force Base.... $8,500,000
South Dakota................... Ellsworth Air Force $6,500,000
Base.
Texas.......................... Dyess Air Force Base... $1,400,000
Lackland Air Force Base $6,800,000
Lackland Training Annex $8,130,000
Randolph Air Force Base $3,166,000
Utah........................... Hill Air Force Base.... $4,100,000
Washington..................... Fairchild Air Force $11,520,000
Base.
Total:............. $465,865,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a)(2), the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations and locations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................ Spangdahlem Air Base... $13,967,000
Korea.......................... Kunsan Air Base........ $5,958,000
Osan Air Base.......... $7,496,000
Turkey......................... Incirlik Air Base...... $2,949,000
United Kingdom................. Royal Air Force, $15,838,000
Lakenheath.
Royal Air Force, $24,960,000
Mildenhall.
Total:............. $71,168,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(5)(A), the Secretary of the Air Force may construct or acquire
family housing units (including land acquisition) at the installations,
for the purposes, and in the amounts set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alabama............................... Maxwell Air Force Base... 143 Units.................... $16,300,000
Alaska................................ Eielson Air Force Base... 46 Units..................... $12,932,000
California............................ Edwards Air Force Base... 48 Units..................... $12,580,000
Vandenberg Air Force Base 95 Units..................... $18,499,000
Delaware.............................. Dover Air Force Base..... 55 Units..................... $8,998,000
Florida............................... MacDill Air Force Base... 48 Units..................... $7,609,000
Patrick Air Force Base... 46 Units..................... $9,692,000
Tyndall Air Force Base... 122 Units.................... $14,500,000
Mississippi........................... Columbus Air Force Base.. 52 Units..................... $6,800,000
Keesler Air Force Base... 52 Units..................... $6,800,000
Nebraska.............................. Offutt Air Force Base.... Housing Maintenance Facility. $900,000
Offutt Air Force Base.... Housing Office............... $870,000
Offutt Air Force Base.... 90 Units..................... $12,212,000
New Mexico............................ Kirtland Air Force Base.. 37 Units..................... $6,400,000
Ohio.................................. Wright-Patterson Air 40 Units..................... $5,600,000
Force Base.
Texas................................. Dyess Air Force Base..... 64 Units..................... $9,415,000
Sheppard Air Force Base.. 115 Units.................... $12,800,000
Washington............................ Fairchild Air Force Base. Housing Office and $1,692,000
Maintenance Facility.
Fairchild Air Force Base. 14 Units..................... $2,300,000
Total:................... $166,899,000
----------------------------------------------------------------------------------------------------------------
(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 $12,622,000.
SEC. 2303. 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 2304(a)(5)(A), the Secretary of the Air Force may improve
existing military family housing units in an amount not to exceed
$90,888,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1998, for military
construction, land acquisition, and military family housing functions
of the Department of the Air Force in the total amount of
$1,649,334,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $465,865,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $71,168,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $7,135,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $44,762,000.
(5) For military housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $270,409,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $789,995,000.
(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
$7,584,000, which represents the combination of project savings in
military construction resulting from favorable bids, overhead costs,
and cancellations due to force structure changes.
TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2404(a)(1), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations and locations inside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Chemical Demilitarization Aberdeen Proving
Program. Ground, Maryland...... $186,350,000
Newport Army Depot,
Indiana............... $191,550,000
Defense Logistics Agency....... Defense Fuel Support
Point, Fort Sill,
Oklahoma.............. $3,500,000
Defense Fuel Support
Point, Jacksonville
Annex, Mayport,
Florida............... $11,020,000
Defense Fuel Support
Point, Jacksonville,
Florida............... $11,000,000
Defense General Supply
Center, Richmond
(DLA), Virginia....... $10,500,000
Defense Fuel Supply
Center, Camp Shelby,
Mississippi........... $5,300,000
Defense Fuel Supply
Center, Elmendorf Air
Force Base, Alaska.... $19,500,000
Defense Fuel Supply
Center, Pope Air Force
Base, North Carolina.. $4,100,000
Various Locations...... $1,300,000
Defense Medical Facilities Barksdale Air Force
Office. Base, Louisiana....... $3,450,000
Beale Air Force Base,
California............ $3,500,000
Carlisle Barracks,
Pennsylvania.......... $4,678,000
Cheatham Annex,
Virginia.............. $11,300,000
Edwards Air Force Base,
California............ $6,000,000
Eglin Air Force Base,
Florida............... $9,200,000
Fort Bragg, North
Carolina.............. $6,500,000
Fort Hood, Texas....... $14,100,000
Fort Stewart/Hunter
Army Air Field,
Georgia............... $10,400,000
Grand Forks Air Force
Base, North Dakota.... $5,600,000
Holloman Air Force
Base, New Mexico...... $1,300,000
Keesler Air Force Base,
Mississippi........... $700,000
Marine Corps Air
Station, Camp
Pendleton, California. $6,300,000
McChord Air Force Base,
Washington............ $20,000,000
Moody Air Force Base,
Georgia............... $11,000,000
Naval Air Station,
Pensacola, Florida.... $25,400,000
Naval Hospital,
Bremerton, Washington. $28,000,000
Naval Hospital, Great
Lakes, Illinois....... $7,100,000
Naval Station, San
Diego, California..... $1,350,000
Naval Submarine Base,
Bangor, Washington.... $5,700,000
Travis Air Force Base,
California............ $1,700,000
Defense Education Activity..... Marine Corps Base, Camp
LeJeune, North
Carolina.............. $16,900,000
United States Military
Academy, West Point,
New York.............. $2,840,000
National Security Agency....... Fort Meade, Maryland... $668,000
Special Operations Command..... Eglin Auxiliary Field
3, Florida............ $2,210,000
Eglin Auxiliary Field
9, Florida............ $2,400,000
Fort Campbell, Kentucky $15,000,000
MacDill Air Force Base,
Florida............... $8,400,000
Mississippi Army
Ammunition Plant/
Stennis Space Center,
Mississippi........... $5,500,000
Naval Amphibious Base,
Coronado, California.. $3,600,000
---------------
Total:............. $684,916,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2404(a)(2), the
Secretary of Defense may acquire real property and carry out military
construction projects for the installations and locations outside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Ballistic Missile Defense Kwajalein Atoll,
Organization. Kwajalein............. $4,600,000
Defense Logistics Agency....... Lajes Field, Azores,
Portugal.............. $7,700,000
Defense Medical Facilities Naval Air Station,
Office. Sigonella, Italy...... $5,300,000
Royal Air Force,
Lakenheath, United
Kingdom............... $10,800,000
Defense Education Activity..... Fort Buchanan, Puerto
Rico.................. $8,805,000
Naval Activities, Guam. $13,100,000
Special Operations Command..... Naval Station,
Roosevelt Roads,
Puerto Rico........... $9,600,000
---------------
Total:............. $59,905,000
------------------------------------------------------------------------
SEC. 2402. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriation in
section 2404(a)(11)(A), the Secretary of Defense may improve existing
military family housing units in an amount not to exceed $345,000.
SEC. 2403. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2404(a)(9), the Secretary of Defense may
carry out energy conservation projects under section 2865 of title 10,
United States Code.
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal years beginning after September 30, 1998, 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 $2,346,923,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $340,866,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $59,905,000.
(3) For military construction projects at Portsmouth Naval
Hospital, Virginia, hospital replacement, authorized by section
2401(a) of the Military Construction Authorization Act for
Fiscal Years 1990 and 1991 (division B of Public Law 101-189;
106 Stat. 1640), as amended by section 2406 of this Act,
$17,954,000.
(4) For construction of the Ammunition Demilitarization
Facility, Pine Bluff Arsenal, Arkansas, authorized by 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 (111 Stat.
1982), and section 2405 of this Act, $10,000,000.
(5) For construction of the Ammunition Demilitarization
Facility, Umatilla Army Depot, Oregon, authorized by section
2401 of the Military Construction Authorization Act for Fiscal
Year 1995, as amended by section 2407 of the Military
Construction Authorization Act for Fiscal Year 1996, section
2408 of the Military Construction Authorization Act for Fiscal
Year 1998, and section 2405 of this Act, $30,950,000.
(6) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $13,394,000.
(7) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$9,390,000.
(8) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $42,566,000.
(9) For energy conservation projects authorized by section
2404, $46,950,000.
(10) 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), $1,730,704,000.
(11) For military family housing functions:
(A) For improvement of military family housing and
facilities, $345,000.
(B) For support of military housing (including
functions described in section 2833 of title 10, United
States Code), $36,899,000 of which not more than
$31,139,000 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 established by section
2883(a)(1) of title 10, United States Code, $7,000,000.
(b) Limitation of Total Cost of Construction Projects.--
Notwithstanding the cost variations 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) $174,550,000 (the balance of the amount authorized
under section 2401(a) of this Act for the construction of a
chemical demilitarization facility at Newport Army Depot,
Indiana); and
(3) $169,500,000 (the balance of the amount authorized
under section 2401(a) of this Act for the construction of a
chemical demilitarization facility at Aberdeen Proving Ground,
Maryland).
SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
1995 PROJECTS.
The table 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) and section 2408 of the Military
Construction Authorization Act for Fiscal Year 1998 (division B of
Public Law 105-85; 111 Stat. 1982), under the agency heading relating
to Chemical Weapons and Munitions Destruction, is amended--
(1) in the item relating to Pine Bluff Arsenal, Arkansas,
by striking out $134,000,000'' in the amount column and
inserting in lieu thereof ``$154,400,000''; and
(2) in the item relating to Umatilla Army Depot, Oregon, by
striking out ``$187,000,000'' in the amount column and
inserting in lieu thereof ``$193,377,000''.
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 1990
PROJECT.
The table in section 2401(a) of the Military Construction
Authorization Act for Fiscal Years 1990 and 1991 (division B of Public
Law 100-189; 103 Stat. 1640) is amended in the item relating to
Portsmouth Naval Hospital, Virginia, by striking out ``$330,000,000''
and inserting in lieu thereof ``$351,354,000''.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 1998, 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 $159,000,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
There are authorized to be appropriated for fiscal years beginning
after September 30, 1998, 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, $122,574,000; and
(B) for the Army Reserve, $116,109,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $19,371,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $161,932,000; and
(B) for the Air Force Reserve, $23,625,000.
SEC. 2602. REDUCTION IN FISCAL YEAR 1998 AUTHORIZATION OF
APPROPRIATIONS FOR ARMY RESERVE MILITARY CONSTRUCTION.
Section 2601(a)(1)(B) of the Military Construction Authorization
Act for Fiscal Year 1998 (division B of Public Law 105-85; 111 Stat.
1983) is amended by striking out ``$66,267,000'' and inserting in lieu
thereof ``$53,553,000''.
SEC. 2603. NATIONAL GUARD MILITARY EDUCATIONAL FACILITY, FORT BRAGG,
NORTH CAROLINA.
Of the amount authorized to be appropriated by section 2601(1)(A),
$1,000,000 may be available for purposes of Planning and Design of the
National Guard Military Educational Facility at Fort Bragg, North
Carolina.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVI for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 2001; or
(2) the date of enactment of an Act authorizing funds for
military construction for fiscal year 2002.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2001; or
(2) the date of enactment of an Act authorizing funds for
fiscal year 2002 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 1996
PROJECTS.
(a) Extensions.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1996 (division B of
Public Law 104-106; 110 Stat. 541), authorizations for the projects set
forth in the tables in subsection (b), as provided in sections 2201,
2302, or 2601 of that Act, shall remain in effect until October 1,
1999, or the date of enactment of an Act authorizing funds for military
construction for fiscal year 2000, 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 Amount
----------------------------------------------------------------------------------------------------------------
Puerto Rico........................... Naval Station Roosevelt Housing Office............... $710,000
Roads.
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 1996 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Texas................................. Lackland Air Force Base.. Family Housing (67 units).... $6,200,000
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 1996 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Mississippi........................... Camp Shelby.............. Multipurpose Range Complex $5,000,000
(Phase I).
Missouri.............................. National Guard Training Multipurpose Range........... $2,236,000
Site, Jefferson City.
Total:................... $7,236,000
----------------------------------------------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATION OF FISCAL YEAR 1995 PROJECT.
(a) Extension.--Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 1995 (division B of
Public Law 103-337; 108 Stat. 3046), the authorization for the project
set forth in the table in subsection (b), as provided in section 2201
of that Act and extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 1998 (division B of Public Law 105-
85; 111 Stat. 1985), shall remain in effect until October 1, 1999, or
the date of enactment of an Act authorizing funds for military
construction for fiscal year 2000, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Navy: Extension of 1995 Project Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or location Project Amount
----------------------------------------------------------------------------------------------------------------
Maryland.............................. Indian Head Naval Surface Denitrification/Acid Mixing $6,400,000
Warfare Center. Facility.
----------------------------------------------------------------------------------------------------------------
SEC. 2704. AUTHORIZATION OF ADDITIONAL MILITARY CONSTRUCTION AND
MILITARY FAMILY HOUSING PROJECTS.
(a) Additional Army Construction Projects Inside the United
States.--In addition to the projects authorized by section 2101(a), and
using amounts appropriated pursuant to the authorization of
appropriations in section 2104(a)(1), as increased by subsection (d),
the Secretary of the Army may also acquire real property and carry out
military construction projects for the installations and locations
inside the United States, and in the amounts, set forth in the
following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation or location Amount
------------------------------------------------------------------------
Kansas....................... Fort Riley............... $16,500,000
Kentucky..................... Fort Campbell............ $15,500,000
Maryland..................... Fort Detrick............. $7,100,000
New York..................... Fort Drum................ $7,000,000
Texas........................ Fort Sam Houston......... $5,500,000
Virginia..................... Fort Eustis.............. $4,650,000
Fort Meyer............... $6,200,000
------------------------------------------------------------------------
(b) Additional Army Construction Project Outside the United
States.--In addition to the projects authorized by section 2101(b), and
using amounts appropriated pursuant to the authorization of
appropriations in section 2104(a)(2), as increased by subsection (d),
the Secretary of the Army may also acquire real property and carry out
the military construction project for the location outside the United
States, and in the amount, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Korea.......................... Camp Casey............. $8,000,000
------------------------------------------------------------------------
(c) Improvement of Army Family Housing at White Sands Missile
Range, New Mexico.--In addition to the projects authorized by section
2103, and using amounts appropriated pursuant to the authorization of
appropriations in section 2104(a)(5)(A), as increased by subsection
(d), the Secretary of the Army may also improve existing military
family housing units (36 units) at White Sands Missile Range, New
Mexico, in an amount not to exceed $3,650,000.
(d) Additional Authorizations of Appropriations, Army Military
Construction.--(1) The total amount authorized to be appropriated by
section 2104(a) is hereby increased by $74,100,000.
(2) The amount authorized to be appropriated by section 2104(a)(1)
is hereby increased by $62,450,000.
(3) The amount authorized to be appropriated by section 2104(a)(2)
is hereby increased by $8,000,000.
(4) The amount authorized to be appropriated by section
2104(a)(5)(A) is hereby increased by $3,650,000.
(e) Additional Navy Construction Projects Inside the United
States.--In addition to the projects authorized by section 2201(a), and
using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a)(1), as increased by subsection (g),
the Secretary of the Navy may also 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
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Florida........................ Naval Station, Mayport. $3,400,000
Maine.......................... Naval Air Station, $15,220,000
Brunswick.
Pennsylvania................... Naval Inventory Control $1,600,000
Point, Mechanisburg.
Naval Inventory Control $1,550,000
Point, Philadelphia.
South Carolina................. Marine Corps Recruit $8,030,000
Depot, Parris Island.
------------------------------------------------------------------------
(f) Improvement of Navy Family Housing at Whidbey Island Naval Air
Station, Washington.--In addition to the projects authorized by section
2203, and using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a)(5)(A), as increased by subsection
(g), the Secretary of the Navy may also improve existing military
family housing units (80 units) at Whidbey Island Naval Air Station,
Washington, in an amount not to exceed $5,800,000.
(g) Additional Authorizations of Appropriations, Navy Military
Construction.--(1) The total amount authorized to be appropriated by
section 2204(a) is hereby increased by $35,600,000.
(2) The amount authorized to be appropriated by section 2204(a)(1)
is hereby increased by $29,800,000.
(3) The amount authorized to be appropriated by section
2204(a)(5)(A) is hereby increased by $5,800,000.
(h) Additional Air Force Construction Projects Inside the United
States.--In addition to the projects authorized by section 2301(a), and
using amounts appropriated pursuant to the authorization of
appropriations in section 2304(a)(1), as increased by subsection (k),
the Secretary of the Air Force may also 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
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Colorado....................... Falcon Air Force $5,800,000
Station.
Georgia........................ Robins Air Force Base.. $6,000,000
Louisiana...................... Barksdale Air Force $9,300,000
Base.
North Dakota................... Grand Forks Air Force $8,800,000
Base.
Ohio........................... Wright-Patterson Air $4,600,000
Force Base.
Texas.......................... Goodfellow Air Force $7,300,000
Base.
Wyoming........................ F.E. Warren Air Force $3,850,000
Base.
------------------------------------------------------------------------
(i) Construction and Acquisition of Air Force Family Housing.--In
addition to the projects authorized by section 2302(a), and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(a)(5)(A), as increased by subsection (k), the Secretary of
the Air Force may also construct or acquire family housing units
(including land acquisition) at the installation, for the purpose, and
in the amount set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Montana............................... Malmstrom Air Force Base. 62 Units..................... $12,300,000
----------------------------------------------------------------------------------------------------------------
(j) Improvement of Air Force Family Housing.--In addition to the
projects authorized by section 2303, and using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(5)(A), as increased by subsection (k), the Secretary of the Air
Force may also improve existing military family housing units as
follows:
(1) Travis Air Force Base, California, 105 units, in an
amount not to exceed $10,500,000.
(2) Moody Air Force Base, Georgia, 68 units, in an amount
not to exceed $5,220,000.
(3) McGuire Air Force Base, New Jersey, 50 units, in an
amount not to exceed $5,800,000.
(4) Seymour Johnson Air Force Base, North Carolina, 95
units, in an amount not to exceed $10,830,000.
(k) Additional Authorizations of Appropriations, Air Force Military
Construction.--(1) The total amount authorized to be appropriated by
section 2304(a) is hereby increased by $90,300,000.
(2) The amount authorized to be appropriated by section 2304(a)(1)
is hereby increased by $45,650,000.
(3) The amount authorized to be appropriated by section
2304(a)(5)(A) is hereby increased by $44,650,000.
SEC. 2705. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on
the later of--
(1) October 1, 1998; or
(2) the date of enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. MODIFICATION OF AUTHORITY RELATING TO ARCHITECTURAL AND
ENGINEERING SERVICES AND CONSTRUCTION DESIGN.
(a) Covered Projects.--Subsection (a) of section 2807 of title 10,
United States Code, is amended in the first sentence by striking out
``not otherwise authorized by law.'' and inserting in lieu thereof
``without regard to the authority under this chapter utilized in
carrying out the projects and without regard to whether the projects
are authorized by law.''.
(b) Increase in Threshold for Notice to Congress.--Subsection (b)
of that section is amended by striking out ``$300,000'' and inserting
in lieu thereof ``$500,000''.
(c) Availability of Appropriations.--Subsection (d) of that section
is amended by striking out ``study, planning, design, architectural,
and engineering services'' and inserting in lieu thereof
``architectural and engineering services and construction design''.
SEC. 2802. EXPANSION OF ARMY OVERSEAS FAMILY HOUSING LEASE AUTHORITY.
(a) Alternative Maximum Unit Amounts.--Section 2828(e) of title 10,
United States Code, is amended--
(1) in paragraph (2), by inserting, ``, and the Secretary
of the Army may lease not more than 500 units of family housing
in Italy,'' after ``family housing in Italy'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3) In addition to the 450 units of family housing referred to in
paragraph (1) for which the maximum lease amount is $25,000 per unit
per year, the Secretary of the Army may lease not more than 800 units
of family housing in Korea subject to that maximum lease amount.''.
(b) Conforming Amendment.--Paragraph (4) of that section, as
redesignated by subsection (a)(2) of this section, is amended by
striking out ``and (2)'' and inserting in lieu thereof ``, (2), and
(3)''.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. INCREASE IN THRESHOLDS FOR REPORTING REQUIREMENTS RELATING
TO REAL PROPERTY TRANSACTIONS.
Section 2662 of title 10, United States Code, is amended by
striking out ``$200,000'' each place it appears in subsections (a),
(b), and (e) and inserting in lieu thereof ``$500,000''.
SEC. 2812. EXCEPTIONS TO REAL PROPERTY TRANSACTION REPORTING
REQUIREMENTS FOR WAR AND CERTAIN EMERGENCY AND OTHER
OPERATIONS.
(a) Exceptions.--Section 2662 of title 10, United States Code, as
amended by section 2811 of this Act, is further amended by adding at
the end the following:
``(g) Exceptions for Transactions for War and Certain Emergency and
Other Operations.--(1) The reporting requirement set forth in
subsection (a) shall not apply with respect to a real property
transaction otherwise covered by that subsection, and the reporting
requirement set forth in subsection (e) shall not apply with respect to
a real property transaction otherwise covered by that subsection, if
such transaction is made as a result of the following:
``(A) A declaration of war.
``(B) A declaration of a national emergency by the
President pursuant to the National Emergencies Act (Public Law
94-412; 50 U.S.C. 1601 et seq.).
``(C) A declaration of an emergency or major disaster
pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.).
``(D) The use of the militia or the armed forces after a
proclamation to disperse under section 334 of this title.
``(E) A contingency operation.
``(2) The reporting requirement set forth in subsection (a) shall
not apply with respect to a real property transaction otherwise covered
by that subsection if the Secretary concerned determines that--
``(A) an event listed in paragraph (1) is imminent; and
``(B) the transaction is necessary for purposes of
preparation for such event.
``(3) Not later than 30 days after entering into a real property
transaction covered by paragraph (1) or (2), the Secretary concerned
shall submit to the committees named in subsection (a) a report on the
transaction. The report shall set forth any facts or information which
would otherwise have been submitted in a report on the transaction
under subsection (a) or (e), as the case may be, but for the operation
of paragraph (1) or (2).''.
(b) Amendments for Stylistic Uniformity.--That section is further
amended--
(1) in subsection (a), by inserting ``General Notice and
Wait Requirements.--'' after ``(a)'';
(2) in subsection (b), by inserting ``Annual Reports on
Certain Minor Transactions.--'' after ``(b)'';
(3) in subsection (c), by inserting ``Geographic Scope;
Excepted Projects.--'' after ``(c)'';
(4) in subsection (d), by inserting ``Statements of
Compliance in Transaction Instruments.--'' after ``(d)'';
(5) in subsection (e), by inserting ``Notice and Wait
Regarding Leases of Space for DoD by GSA.--'' after ``(e)'';
and
(6) in subsection (f), by inserting ``Reports on
Transactions Involving Intelligence Components.--'' after
``(f)''.
SEC. 2813. WAIVER OF APPLICABILITY OF PROPERTY DISPOSAL LAWS TO LEASES
AT INSTALLATIONS TO BE CLOSED OR REALIGNED UNDER THE BASE
CLOSURE LAWS.
Section 2667(f) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Secretary of a military department may waive the
applicability of a provision of title II of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) that is
inconsistent with a provision of this subsection if the waiver is
required for purposes of a lease of property under this subsection.''.
SEC. 2814. RESTORATION OF DEPARTMENT OF DEFENSE LANDS USED BY ANOTHER
FEDERAL AGENCY.
(a) Restoration as Term of Agreement.--Section 2691 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(c)(1) As a condition of any lease, permit, license, or other
grant of access entered into by the Secretary of a military department
with another Federal agency authorizing the agency to use lands under
the control of the Secretary, the Secretary may require the agency to
agree to remove any improvements and to take any other action necessary
in the judgment of the Secretary to restore the land used by the agency
to its condition before its use by the agency.
``(2) In lieu of performing any removal or restoration work under
paragraph (1), a Federal agency may elect, with the consent of the
Secretary, to reimburse the Secretary for the costs incurred by the
military department in performing such removal and restoration work.''.
(b) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 2691. Restoration of land used by permit or lease''.
(2) The table of sections at the beginning of chapter 159 of title
10, United States Code, is amended by striking the item relating to
section 2691 and inserting in lieu thereof the following new item:
``2691. Restoration of land used by permit or lease.''.
Subtitle C--Land Conveyances
SEC. 2821. LAND CONVEYANCE, INDIANA ARMY AMMUNITION PLANT, CHARLESTOWN,
INDIANA.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
the Indiana Army Ammunition Plant Reuse Authority (in this section
referred to as the ``Reuse Authority'') all right, title, and interest
of the United States in and to a parcel of real property, including
improvements thereon, consisting of up to approximately 4660 acres
located at the Indiana Army Ammunition Plant, Charlestown, Indiana, for
the purpose of developing the parcel as an industrial park to replace
all or part of the economic activity lost at the inactivated plant.
(b) Consideration.--Except as provided in subsection (d), as
consideration for the conveyance under subsection (a), the Reuse
Authority shall pay to the Secretary an amount equal to the fair market
value of the conveyed property as of the time of the conveyance,
determined by the Secretary in accordance with Federal appraisal
standards and procedures.
(c) Time for Payment.--The consideration required under subsection
(b) shall be paid by the Reuse Authority at the end of the 10-year
period beginning on the date on which the conveyance under subsection
(a) is completed.
(d) Effect of Reconveyance or Lease.--(1) If the Reuse Authority
reconveys all or any part of the conveyed property during the 10-year
period specified in subsection (c), the Reuse Authority shall pay to
the United States an amount equal to the fair market value of the
reconveyed property as of the time of the reconveyance, excluding the
value of any improvements made to the property by the Reuse Authority,
determined by the Secretary in accordance with Federal appraisal
standards and procedures.
(2) The Secretary may treat a lease of the property within such 10-
year period as a reconveyance if the Secretary determines that the
lease is being used to avoid application of paragraph (1).
(e) Deposit of Proceeds.--The Secretary shall deposit any proceeds
received under subsection (b) or (d) in the special account established
pursuant to section 204(h)(2) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 485(h)(2)).
(f) Administrative Expenses.--In connection with the conveyance
under subsection (a), the Secretary may accept amounts provided by the
Reuse Authority or other persons to cover administrative expenses
incurred by the Secretary in making the conveyance. Amounts received
under this subsection for administrative expenses shall be credited to
the appropriation, fund, or account from which the expenses were paid.
Amounts so credited shall be merged with funds in such appropriation,
fund, or account and shall be available for the same purposes and
subject to the same limitations as the funds with which merged.
(g) Description of Property.--The property to be conveyed under
subsection (a) includes the administrative area of the Indiana Army
Ammunition Plant as well as open space in the southern end of the
plant. The exact acreage and legal description of the property to be
conveyed shall be determined by a survey satisfactory to the Secretary.
The cost of the survey shall be borne by the Reuse Authority.
(h) 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. 2822. LAND CONVEYANCE, ARMY RESERVE CENTER, BRIDGTON, MAINE.
(a) Conveyance Authorized.--(1) The Secretary of the Army may
convey, without consideration, to the Town of Bridgton, Maine (in this
section referred to as the ``Town''), all right, title, and interest of
the United States in and to a parcel of excess real property, including
improvements thereon, consisting of approximately 3.65 acres and
located in Bridgton, Maine, the site of the Army Reserve Center,
Bridgton, Maine.
(2) The conveyance is for the public benefit and will facilitate
the expansion of the municipal office complex in Bridgton, Maine.
(b) Reversion.--If the Secretary determines at any time that the
real property conveyed under subsection (a) is not being used by the
Town for purposes of a municipal office complex, all right, title, and
interest in and to the real property, including any improvements
thereon, shall revert to the United States, and the United States shall
have the right of immediate entry thereon.
(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 Town.
(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 interest of the United States.
SEC. 2823. LAND CONVEYANCE, VOLUNTEER ARMY AMMUNITION PLANT,
CHATTANOOGA, TENNESSEE.
(a) Conveyance Authorized.--The Secretary of the Army may convey to
Hamilton County, Tennessee (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 1033 acres located at the Volunteer Army
Ammunition Plant, Chattanooga, Tennessee, for the purpose of developing
the parcel as an industrial park to replace all or part of the economic
activity lost at the inactivated plant.
(b) Consideration.--Except as provided in subsection (d), as
consideration for the conveyance under subsection (a), the County shall
pay to the Secretary an amount equal to the fair market value of the
conveyed property as of the time of the conveyance, determined by the
Secretary in accordance with Federal appraisal standards and
procedures.
(c) Time for Payment.--The consideration required under subsection
(b) shall be paid by the County at the end of the 10-year period
beginning on the date on which the conveyance under subsection (a) is
completed.
(d) Effect of Reconveyance or Lease.--(1) If the County reconveys
all or any part of the conveyed property during the 10-year period
specified in subsection (c), the County shall pay to the United States
an amount equal to the fair market value of the reconveyed property as
of the time of the reconveyance, excluding the value of any
improvements made to the property by the County, determined by the
Secretary in accordance with Federal appraisal standards and
procedures.
(2) The Secretary may treat a lease of the property within such 10-
year period as a reconveyance if the Secretary determines that the
lease is being used to avoid application of paragraph (1).
(e) Deposit of Proceeds.--The Secretary shall deposit any proceeds
received under subsection (b) or (d) in the special account established
pursuant to section 204(h)(2) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 485(h)(2)).
(f) Effect on Existing Leases.--The conveyance of the real property
under subsection (a) shall not affect the terms or length of any
contract entered into by the Secretary before the date of the enactment
of this Act with regard to the property to be conveyed.
(g) Administrative Expenses.--In connection with the conveyance
under subsection (a), the Secretary may accept amounts provided by the
County or other persons to cover administrative expenses incurred by
the Secretary in making the conveyance. Amounts received under this
subsection for administrative expenses shall be credited to the
appropriation, fund, or account from which the expenses were paid.
Amounts so credited shall be merged with funds in such appropriation,
fund, or account and shall be available for the same purposes and
subject to the same limitations as the funds with which merged.
(h) Description of Property.--The exact acreage and legal
description of the 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 County.
(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. 2824. RELEASE OF INTERESTS IN REAL PROPERTY, FORMER KENNEBEC
ARSENAL, AUGUSTA, MAINE.
(a) Authority To Release.--The Secretary of the Army may release,
without consideration, all right, title, and interest of the United
States in and to the real property described in subsection (b).
(b) Covered Property.--The real property referred to in subsection
(a) is the parcel of real property consisting of approximately 40 acres
located in Augusta, Maine, and formerly known as the Kennebec Arsenal,
which parcel was conveyed by the Secretary of War to the State of Maine
under the provisions of the Act entitled ``An Act Authorizing the
Secretary of War to convey the Kennebec Arsenal property, situated in
Augusta, Maine, to the State of Maine for public purposes'', approved
March 3, 1905 (33 Stat. 1270), as amended by section 771 of the
Department of Defense Appropriations Act, 1981 (Public Law 96-527; 94
Stat. 3093).
(c) Instrument of Release.--The Secretary of the Army shall execute
and file in the appropriate office a deed of release, amended deed, or
other appropriate instrument effectuating the release of interests
authorized by this section.
SEC. 2825. LAND EXCHANGE, NAVAL RESERVE READINESS CENTER, PORTLAND,
MAINE.
(a) Conveyance Authorized.--(1) The Secretary of the Navy may
convey to the Gulf of Maine Aquarium Development Corporation, Portland,
Maine (in this section referred to as the ``Corporation''), all right,
title, and interest of the United States in and to a parcel of real
property, including improvements thereon, consisting of approximately
3.72 acres in Portland, Maine, the site of the Naval Reserve Readiness
Center, Portland, Maine.
(2) As part of the conveyance under paragraph (1), the Secretary
shall also convey to the Corporation any interest of the United States
in the submerged lands adjacent to the real property conveyed under
that paragraph that is appurtenant to the real property conveyed under
that paragraph.
(3) The purpose of the conveyance under this subsection is to
facilitate economic development in accordance with the plan of the
Corporation for the construction of an aquarium and marine research
facility in Portland, Maine.
(b) Consideration.--(1) As consideration for the conveyance
authorized by subsection (a), the Corporation shall provide for such
facilities as the Secretary determines appropriate for the Naval
Reserve to replace the facilities conveyed under that subsection--
(A) by--
(i) conveying to the United States all right,
title, and interest in and to a parcel of real property
determined by the Secretary to be an appropriate
location for such facilities; and
(ii) designing and constructing such facilities on
the parcel of real property conveyed under clause (i);
or
(B) by designing and constructing such facilities on such
parcel of real property under the jurisdiction of the Secretary
as the Secretary shall specify.
(2) The Secretary shall select the form of consideration under
paragraph (1) for the conveyance under subsection (a).
(c) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection
(a)(1), of any interest to be conveyed under subsection (a)(2), and of
the real property, if any, to be conveyed under subsection
(b)(1)(A)(i), shall be determined by surveys satisfactory to the
Secretary. The cost of the surveys shall be borne by the Corporation.
(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 interest of the United States.
SEC. 2826. LAND CONVEYANCE, AIR FORCE STATION, LAKE CHARLES, LOUISIANA.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to McNeese State University in Lake
Charles, Louisiana (in this section referred to as the ``University''),
all right, title, and interest of the United States in and to
approximately 4.38 acres of real property, including improvements
thereon, located in Lake Charles, Louisiana, and comprising the Lake
Charles Air Force Station.
(b) Conditions of Conveyance.--The conveyance under subsection (a)
shall be subject to the following conditions:
(1) That the University accept the property subject to such
easements or rights of way as the Secretary considers
appropriate.
(2) That the University utilize the property as the site of
a research facility.
(c) Reversion.--If the Secretary determines at any time that the
real property conveyed under subsection (a) is not being used in
accordance with subsection (b)(2), all right, title, and interest in
and to the real property, including any improvements thereon, shall
revert to the United States, and the United States shall have the right
of immediate entry thereon.
(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 University.
(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 interest of the United States.
SEC. 2827. EXPANSION OF LAND CONVEYANCE AUTHORITY, EGLIN AIR FORCE
BASE, FLORIDA.
Section 809(c) of the Military Construction Authorization Act, 1979
(Public Law 95-356; 92 Stat. 587), as amended by section 2826 of the
Military Construction Authorization Act, 1989 (division B of Public Law
100-456; 102 Stat. 2123), is further amended by striking out ``and a
third parcel containing forty-two acres'' and inserting in lieu thereof
``, a third parcel containing forty-two acres, a fourth parcel
containing approximately 3.43 acres, and a fifth parcel containing
approximately 0.56 acres''.
SEC. 2828. CONVEYANCE OF WATER RIGHTS AND RELATED INTERESTS, ROCKY
MOUNTAIN ARSENAL, COLORADO, FOR PURPOSES OF ACQUISITION
OF PERPETUAL CONTRACTS FOR WATER.
(a) Conveyance Authorized.--Subject to subsection (c), the
Secretary of the Army may convey any and all interest of the United
States in the water rights and related rights at Rocky Mountain
Arsenal, Colorado, described in subsection (b) to the City and County
of Denver, Colorado, acting through its Board of Water Commissioners.
(b) Covered Water Rights and Related Rights.--The water rights and
related rights authorized to be conveyed under subsection (a) are the
following:
(1) Any and all interest in 300 acre rights to water from
Antero Reservoir as set forth in Antero Reservoir Contract No.
382 dated August 22, 1923, for 160 acre rights; Antero
Reservoir Contract No. 383 dated August 22, 1923, for 50 acre
rights; Antero Reservoir Contract No. 384 dated October 30,
1923, for 40 acre rights; Antero Reservoir Contract No. 387
dated March 3, 1923, for 50 acre rights; and Supplemental
Contract No. 382-383-384-387 dated July 24, 1932, defining the
amount of water to be delivered under the 300 acre rights in
the prior contracts as 220 acre feet.
(2) Any and all interest in the 305 acre rights of water
from the High Line Canal, diverted at its headgate on the South
Platte River and delivered to the Fitzsimons Army Medical
Center and currently subject to cost assessments pursuant to
Denver Water Department contract #001990.
(3) Any and all interest in the 2,603.55 acre rights of
water from the High Line Canal, diverted at its headgate on the
South Platte River and delivered to the Rocky Mountain Arsenal
in Adams County, Colorado, and currently subject to cost
assessments by the Denver Water Department, including 680 acre
rights transferred from Lowry Field to the Rocky Mountain
Arsenal by the October 5, 1943, agreement between the City and
County of Denver, acting by and through its Board of Water
Commissioners, and the United States of America.
(4) Any and all interest in 4,058.34 acre rights of water
not currently subject to cost assessments by the Denver Water
Department.
(5) A new easement for the placement of water lines
approximately 50 feet wide inside the Southern boundary of
Rocky Mountain Arsenal and across the Reserve Center along the
northern side of 56th Avenue.
(6) A permanent easement for utilities where Denver has an
existing temporary easement near the southern and western
boundaries of Rocky Mountain Arsenal.
(c) Consideration.--(1) The Secretary of the Army may make the
conveyance under subsection (a) only if the Board of Water
Commissioners, on behalf of the City and County of Denver, Colorado--
(A) enters into a permanent contract with the Secretary of
the Army for purposes of ensuring the delivery of nonpotable
water and potable water to Rocky Mountain Arsenal; and
(B) enters into a permanent contract with the Secretary of
the Interior for purposes of ensuring the delivery of
nonpotable water and potable water to Rocky Mountain Arsenal
National Wildlife Refuge, Colorado.
(2) Section 2809(e) of title 10, United States Code, shall not
operate to limit the term of the contract entered into under paragraph
(1)(A).
(d) Requirement Relating to Conveyance.--The Secretary of the Army
may not make the conveyance authorized by subsection (a) until the
execution of the proposed agreement provided for under subsection (c)
between the City and County of Denver, Colorado, acting through its
Board of Water Commissioners, the South Adams County Water and
Sanitation District, the United States Fish and Wildlife Service, and
the Army.
(e) Additional Terms and Conditions.--The Secretary of the Army 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. 2829. LAND CONVEYANCE, NAVAL AIR RESERVE CENTER, MINNEAPOLIS,
MINNESOTA.
(a) Conveyance Authorized.--The Secretary of the Navy may convey,
without any consideration other than the consideration provided for
under subsection (c), to the Minneapolis-St. Paul Metropolitan Airports
Commission, Minnesota (in this section referred to as the
``Commission''), all right, title, and interest of the United States in
and to a parcel of real property, including improvements thereon,
consisting of approximately 32 acres located in Minneapolis, Minnesota,
and comprising the Naval Air Reserve Center, Minneapolis, Minnesota.
The purpose of the conveyance is to facilitate expansion of the
Minneapolis-St. Paul International Airport.
(b) Alternative Lease Authority.--(1) The Secretary may, in lieu of
the conveyance authorized by subsection (a), elect to lease the
property referred to in that subsection to the Commission if the
Secretary determines that a lease of the property would better serve
the interests of the United States.
(2) Notwithstanding any other provision of law, the term of the
lease under this subsection may not exceed 99 years.
(3) The Secretary may not require any consideration as part of the
lease under this subsection other than the consideration provided for
under subsection (c).
(c) Consideration.--As consideration for the conveyance under
subsection (a), or the lease under subsection (b), the Commission
shall--
(1) provide for such facilities as the Secretary considers
appropriate for the Naval Reserve to replace the facilities
conveyed or leased under this section--
(A) by--
(i) conveying to the United States, without
any consideration other than the consideration
provided for under subsection (a), all right,
title, and interest in and to a parcel of real
property determined by the Secretary to be an
appropriate location for such facilities, if
the Secretary elects to make the conveyance
authorized by subsection (a); or
(ii) leasing to the United States, for a
term of 99 years and without any consideration
other than the consideration provided for under
subsection (b), a parcel of real property
determined by the Secretary to be an
appropriate location for such facilities, if
the Secretary elects to make the lease
authorized by subsection (b); and
(B) assuming the costs of designing and
constructing such facilities on the parcel conveyed or
leased under subparagraph (A); and
(2) assume any reasonable costs incurred by the Secretary
in relocating the operations of the Naval Air Reserve Center to
the facilities constructed under paragraph (1)(B).
(d) Requirement Relating to Conveyance.--The Secretary may not make
the conveyance authorized by subsection (a), or enter into the lease
authorized by subsection (b), until the facilities to be constructed
under subsection (c) are available for the relocation of the operations
of the Naval Air Reserve Center.
(e) Agreement Relating to Conveyance.--If the Secretary determines
to proceed with the conveyance authorized by subsection (a), or the
lease authorized by subsection (b), the Secretary and the Commission
shall enter into an agreement specifying the terms and conditions under
which the conveyance or lease will occur.
(f) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a),
or leased under subsection (b), and to be conveyed or leased under
subsection (c)(1)(A), shall be determined by surveys satisfactory to
the Secretary. The cost of the surveys shall be borne by the
Commission.
(g) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a), or the lease under subsection (b), as the
Secretary considers appropriate to protect the interests of the United
States.
SEC. 2830. LAND CONVEYANCE, ARMY RESERVE CENTER, PEORIA, ILLINOIS.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Peoria School District #150 of Peoria,
Illinois (in this section referred to as the ``School District''), all
right, title, and interest of the United States in and to a parcel of
real property (including improvements thereon) comprising the location
of the Army Reserve Center located at 1429 Northmoor Road in Peoria,
Illinois, for the purposes of staff, student and community education
and training, additional maintenance and transportation facilities, and
for other 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 School District.
(c) Reversion.--If the Secretary determines at any time that the
real property conveyed under subsection (a) is not being used in
accordance with subsection (a), all right, title, and interest in and
to the real property, including any improvements thereon, shall revert
to the United States, and the United States shall have the right of
immediate entry thereon.
(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. 2830A. LAND CONVEYANCE, SKANEATELES, NEW YORK.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Town of Skaneateles, 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, together with
any improvements thereon, consisting of approximately 147.10 acres in
Skaneateles, New York, and commonly known as the ``Federal Farm''. The
purpose of the conveyance is to permit the Town to develop the parcel
for public benefit, including for recreational purposes.
(b) Reversion.--If the Secretary determines at any time that the
real property conveyed under subsection (a) is not being used by the
Town in accordance with that subsection, all right, title, and interest
in and to the real property, including any improvements thereon, shall
revert to the United States, and the United States shall have the right
of immediate entry thereon.
(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 Town.
(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 interest of the United States.
SEC. 2830B. REAUTHORIZATION OF LAND CONVEYANCE, ARMY RESERVE CENTER,
YOUNGSTOWN, OHIO.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the City of Youngstown, Ohio (in this section
referred to as the ``City''), all right, title, and interest of the
United States in and to a parcel of excess real property, including
improvements thereon, that is located at 399 Miller Street in
Youngstown, Ohio, and contains the Kefurt Army Reserve Center.
(b) Condition of Conveyance.--The conveyance authorized under
subsection (a) shall be subject to the condition that the City retain
the conveyed property for purposes of activities relating to public
schools in Youngstown, Ohio.
(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.
(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.
(e) Repeal of Superseded Authority.--Section 2861 of the Military
Construction Authorization Act for Fiscal Year 1996 (division B of
Public Law 104-106; 110 Stat. 573) is repealed.
SEC. 2830C. CONVEYANCE OF UTILITY SYSTEMS, LONE STAR ARMY AMMUNITION
PLANT, TEXAS.
(a) Conveyance Authorized.--The Secretary of the Army may convey at
fair market value all right, title, and interest of the United States
in and to any utility system, or part thereof, including any real
property associated with such system, at the Lone Star Army Ammunition
Plant, Texas, to the redevelopment authority for the Red River Army
Depot, Texas, in conjunction with the disposal of property at the Depot
under the Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
(b) Construction.--Nothing in subsection (a) may be construed to
prohibit or otherwise limit the Secretary from conveying any utility
system referred to in that subsection under any other provision of law,
including section 2688 of title 10, United States Code.
(c) Utility System Defined.--In this section, the term ``utility
system'' has the meaning given that term in section 2688(g) of title
10, United States Code.
SEC. 2830D. MODIFICATION OF LAND CONVEYANCE AUTHORITY, FINLEY AIR FORCE
STATION, FINLEY, NORTH DAKOTA.
Section 2835 of the Military Construction Authorization Act for
Fiscal Year 1995 (division B of Public Law 103-337; 108 Stat. 3063) is
amended--
(1) by striking out subsections (a), (b), and (c) and
inserting in lieu thereof the following new subsections (a),
(b), and (c):
``(a) Conveyance Authorized.--(1) The Secretary of the Air Force
may convey, without consideration, to the City of Finley, North Dakota
(in this section referred to as the `City'), all right, title, and
interest of the United States in and to the parcels of real property,
including any improvements thereon, in the vicinity of Finley, North
Dakota, described in paragraph (2).
``(2) The real property referred to in paragraph (1) is the
following:
``(A) A parcel of approximately 14 acres that served as the
support complex of the Finley Air Force Station and Radar Site.
``(B) A parcel of approximately 57 acres known as the
Finley Air Force Station Complex.
``(C) A parcel of approximately 6 acres that includes a
well site and wastewater treatment system.
``(3) The purpose of the conveyance authorized by paragraph (1) is
to encourage and facilitate the economic redevelopment of Finley, North
Dakota, following the closure of the Finley Air Force Station and Radar
Site.
``(b) Reversion.--If the Secretary determines at any time that the
real property conveyed under subsection (a) is not being used for
purposes of the economic development of Finley, North Dakota, 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 thereon.
``(c) Abatement.--The Secretary of the Air Force may, prior to
conveyance, abate any hazardous substances in the improvements to be
conveyed.''.
Subtitle D--Other Matters
SEC. 2831. PURCHASE OF BUILD-TO-LEASE FAMILY HOUSING AT EIELSON AIR
FORCE BASE, ALASKA.
(a) Authority To Purchase.--The Secretary of the Air Force may
purchase the entire interest of the developer in the military family
housing project at Eielson Air Force Base, Alaska, described in
subsection (b) if the Secretary determines that the purchase is in the
best economic interests of the Air Force.
(b) Description of Project.--The military family housing project
referred to in this section is the 366-unit military family housing
project at Eielson Air Force Base that was constructed by the developer
and is being leased by the Secretary under the authority of former
subsection (g) of section 2828 of title 10, United States Code (now
section 2835 of such title), as added by section 801 of the Military
Construction Authorization Act, 1984 (Public Law 98-115; 97 Stat. 782).
(c) Purchase Price.--The purchase price to be paid by the Secretary
under this section for the interest of the developer in the military
family housing project may not exceed an amount equal to the amount of
the outstanding indebtedness of the developer to the lender for the
project that would have remained at the time of the purchase under this
section if the developer had paid down its indebtedness to the lender
for the project in accordance with the original debt instruments for
the project.
(d) Time for Purchase.--(1) Subject to paragraph (2), the Secretary
may elect to make the purchase authorized by subsection (a) at any time
during or after the term of the lease for the military family housing
project.
(2) The Secretary may not make the purchase until 30 days after the
date on which the Secretary notifies the congressional defense
committees of the Secretary's election to make the purchase under
paragraph (1).
SEC. 2832. BEACH REPLENISHMENT, SAN DIEGO, CALIFORNIA.
(a) Project Authorized.--The Secretary of the Navy may, using funds
available under subsection (b), carry out beach replenishment in and
around San Diego, California. The Secretary may use sand obtained from
any location for the replenishment.
(b) Funding.--Subject to subsection (c), the Secretary shall carry
out the beach replenishment authorized by subsection (a) using the
following:
(1) Amounts appropriated pursuant to the authorization of
appropriations in section 2204(a)(1) of the Military
Construction Authorization Act for Fiscal Year 1997 (division B
of Public Law 104-201; 110 Stat. 2769) for the project
authorized by section 2201(a) of that Act (110 Stat. 2766) at
Naval Air Station North Island, California, that remain
available for obligation and expenditure on the date of
enactment of this Act.
(2) Amounts contributed to the cost of such project by the
State of California and by local governments under the
agreement under section 2205 of that Act (110 Stat. 2770).
(c) Limitation on United States Share of Cost.--The amount utilized
by the Secretary under subsection (b)(1) for the beach replenishment
authorized by subsection (a) may not exceed $9,630,000.
(d) Treatment of Contributions.--(1)(A) The Secretary shall credit
any contributions that the Secretary receives from the State of
California and local governments under the agreement referred to in
subsection (b)(2) to the account to which amounts were appropriated
pursuant to the authorization of appropriations referred to in
subsection (b)(1) for the project referred to in such subsection
(b)(1).
(B) Amounts credited under subparagraph (A) shall be merged with
funds in the account to which credited.
(2) The amount of contributions credited under paragraph (1) may be
applied only to costs of beach replenishment under this section that
are incurred after the date of enactment of this Act.
(e) Notice and Wait.--The Secretary may not obligate funds to carry
out the beach replenishment authorized by subsection (a) until 30 days
after the date on which the Secretary submits to the congressional
defense committees a report setting forth the following:
(1) An explanation why the sand originally proposed to be
utilized for the purpose of beach replenishment under the
project relating to Naval Air Station North Island authorized
in section 2201(a)(1) of the Military Construction
Authorization Act for Fiscal Year 1997 could not be utilized
for that purpose.
(2) A comprehensive explanation why the beach replenishment
plan at Naval Air Station North Island covered by such project
was abandoned.
(3) A description of any administrative action taken
against any agency or individual as a result of the abandonment
of the plan.
(4) A statement of the total amount of funds available
under subsection (b) for the beach replenishment authorized by
subsection (a).
(5) A statement of the amount of the contributions of the
State of California and local governments under the agreement
referred to in subsection (b)(2).
(6) An estimate of the total cost of the beach
replenishment authorized by subsection (a).
(7) The total amount of financial aid the State of
California has received from the Federal Government for the
purpose of beach restoration and replenishment during the 10-
year period ending on the date of enactment of this Act.
(8) The amount of financial aid the State of California has
requested from the Federal Government for the purpose of beach
restoration or replenishment as a result of the 1997-1998 El
Nino event.
(9) A current analysis that compares the costs and benefits
of homeporting the U.S.S. John C. Stennis (CVN-74) at Naval
Station North Island with the costs and benefits of homeporting
that vessel at Naval Station Pearl Harbor, Hawaii, and the
costs and benefits of homeporting that vessel at Naval Station
Bremerton, Washington.
(f) Repeal of Superseded Authority.--Section 2205 of the Military
Construction Authorization Act for Fiscal Year 1997 is repealed.
SEC. 2833. MODIFICATION OF AUTHORITY RELATING TO DEPARTMENT OF DEFENSE
LABORATORY REVITALIZATION DEMONSTRATION PROGRAM.
(a) Program Requirements.--Subsection (c) of section 2892 of the
National Defense Authorization for Fiscal Year 1996 (Public Law 104-
106; 110 Stat. 590; 10 U.S.C. 2805 note) is amended to read as follows:
``(c) Program Requirements.--(1) Not later than 30 days before
commencing the program, the Secretary shall establish procedures for
the review and approval of requests from Department of Defense
laboratories for construction under the program.
``(2) The laboratories at which construction may be carried out
under the program may not include Department of Defense laboratories
that are contractor-owned.''.
(b) Report.--Subsection (d) of that section is amended to read as
follows:
``(d) Report.--Not later than February 1, 2003, the Secretary shall
submit to Congress a report on the program. The report shall include
the Secretary's conclusions and recommendation regarding the
desirability of making the authority set forth under subsection (b)
permanent.''.
(c) Extension.--Subsection (g) of that section is amended by
striking out ``September 30, 1998'' and inserting in lieu thereof
``September 30, 2003''.
SEC. 2834. REPORT AND REQUIREMENT RELATING TO ``1 PLUS 1 BARRACKS
INITIATIVE''.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Defense shall, in consultation with the
Secretaries of the military departments, submit to Congress a report on
the costs and benefits of implementing the initiative to build single
occupancy barracks rooms with a shared bath, the so-called ``1 plus 1
barracks initiative''.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A justification for the initiative referred to in
subsection (a), including a description of the manner in which
the initiative is designed to assure the retention of first-
term enlisted members of the Armed Forces in adequate numbers.
(2) A description of the experiences of the military
departments with the retention of first-term enlisted members
of the Armed Forces, including--
(A) a comparison of such experiences before
implementation of the initiative with such experiences
after implementation of the initiative; and
(B) an analysis of the basis for any change in
retention rates of such members that has arisen since
implementation of the initiative.
(3) Any information indicating that the lack of single
occupancy barracks rooms with a shared bath has been or is the
basis of the decision of first-term members of the Armed Forces
not to reenlist in the Armed Forces.
(4) Any information indicating that the lack of such
barracks rooms has hampered recruitment for the Armed Forces or
that the construction of such barracks rooms would
substantially improve recruitment.
(5) The cost for each Armed Force of implementing the
initiative, including the amount of funds obligated or expended
on the initiative before the date of enactment of this Act and
the amount of funds required to be expended after that date to
complete the initiative.
(6) The views of each of the Chiefs of Staff of the Armed
Forces regarding the initiative and regarding any alternatives
to the initiative having the potential of assuring the
retention of first-term enlisted members of the Armed Forces in
adequate numbers.
(7) A cost-benefit analysis of the initiative.
(c) Limitation on FY 2000 Funding Request.--The Secretary of
Defense may not submit to Congress any request for funding for the so-
called ``1 plus 1 barracks initiative'' in fiscal year 2000 unless the
Secretary certifies to Congress that further implementation of the
initiative is necessary in order to assure the retention of first-term
enlisted members of the Armed Forces in adequate numbers.
SEC. 2835. DEVELOPMENT OF FORD ISLAND, HAWAII.
Not later than December 1, 1998, the Secretary of Defense shall
submit to the President and the congressional defense committees a
report regarding the potential for development of Ford Island within
the Pearl Harbor Naval Complex, Oahu, Hawaii through an integrated
resourcing plan incorporating both appropriated funds and one or more
public-private ventures. This report shall consider innovative resource
development measures, including but not limited to, an enhanced-use
leasing program similar to that of the Department of Veterans Affairs
as well as the sale or other disposal of land in Hawaii under the
control of the Navy as part of an overall program for Ford Island
development. The report shall include proposed legislation for carrying
out the measures recommended therein.
SEC. 2836. REPORT ON LEASING AND OTHER ALTERNATIVE USES OF NON-EXCESS
MILITARY PROPERTY.
(a) Findings.--Congress makes the following findings:
(1) The Secretary of Defense, with the support of the
chiefs of staff of the Armed Forces, is calling for the closure
of additional military installations in the United States as a
means of eliminating excess capacity in such installations.
(2) Excess capacity in Department of Defense installations
is a valuable asset, and the utilization of such capacity
presents a potential economic benefit for the Department and
the Nation.
(3) The experiences of the Department have demonstrated
that the military departments and private businesses can carry
out activities at the same military installation
simultaneously.
(4) Section 2667 of title 10, United States Code,
authorizes the Secretaries of the military departments to
lease, upon terms that promote the national defense or are in
the public interest, real property that is--
(A) under the control of such departments;
(B) not for the time needed for public use; and
(C) not excess to the requirements of the United
States.
(b) Report.--Not later than February 1, 1999, the Secretary shall
submit to the Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives a report
setting forth the following:
(1) The number and purpose of the leases entered into under
section 2667 of title 10, United States Code, during the five-
year period ending on the date of enactment of this Act.
(2) The types and amounts of payments received under the
leases specified in paragraph (1).
(3) The costs, if any, foregone as a result of the leases
specified in paragraph (1).
(4) A discussion of the positive and negative aspects of
leasing real property and surplus capacity at military
installations to the private sector, including the potential
impact on force protection.
(5) A description of the current efforts of the Department
of Defense to identify for the private sector any surplus
capacity at military installations that could be leased or
otherwise used by the private sector.
(6) A proposal for any legislation that the Secretary
considers appropriate to enhance the ability of the Department
to utilize surplus capacity in military installations in order
to improve military readiness, achieve cost savings with
respect to such installations, or decrease the cost of
operating such installations.
(7) An estimate of the amount of income that could accrue
to the Department as a result of the enhanced authority
proposed under paragraph (6) during the five-year period
beginning on the effective date of such enhanced authority.
(8) A discussion of the extent to which any such income
should be reserved for the use of the installations exercising
such authority and of the extent to which installations are
likely to enter into such leases if they cannot retain such
income.
SEC. 2837. EMERGENCY REPAIRS AND STABILIZATION MEASURES, FOREST GLEN
ANNEX OF WALTER REED ARMY MEDICAL CENTER, MARYLAND.
Of the amounts authorized to be appropriated by this Act,
$2,000,000 may be available for the completion of roofing and other
emergency repairs and stabilization measures at the historic district
of the Forest Glen Annex of Walter Reed Army Medical Center, Maryland,
in accordance with the plan submitted under section 2865 of the
National Defense Authorization Act for Fiscal Year 1997 (division B of
Public Law 104-201; 110 Stat. 2806).
Subtitle E--Base Closures
SEC. 2851. MODIFICATION OF LIMITATIONS ON GENERAL AUTHORITY RELATING TO
BASE CLOSURES AND REALIGNMENTS.
(a) Actions Covered by Notice and Wait Procedures.--Subsection (a)
of section 2687 of title 10, United States Code, is amended by striking
out paragraphs (1) and (2) and inserting in lieu thereof the following
new paragraphs (1) and (2)--
``(1) the closure of any military installation at which at
least 225 civilian personnel are authorized to be employed;
``(2) any realignment with respect to a military
installation referred to in paragraph (1) if such realignment
will result in an aggregate reduction in the number of civilian
personnel authorized to be employed at such military
installation during the fiscal year in which notice of such
realignment is submitted to Congress under subsection (b) equal
to or greater than--
``(A) 750 such civilian personnel; or
``(B) the number equal to 40 percent of the total
number of civilian personnel authorized to be employed
at such military installation at the beginning of such
fiscal year; or''.
(b) Definitions.--Subsection (e) of that section is amended--
(1) in paragraph (3), by inserting ``(including a
consolidation)'' after ``any action''; and
(2) by adding at the end the following:
``(5) The term `closure' includes any action to inactivate
or abandon a military installation or to transfer a military
installation to caretaker status.''.
SEC. 2852. PROHIBITION ON CLOSURE OF A BASE WITHIN FOUR YEARS AFTER A
REALIGNMENT OF THE BASE.
(a) Prohibition.--(1) Chapter 159 of title 10, United States Code,
is amended by inserting after section 2687 the following:
``Sec. 2688. Base closures and realignments: closure prohibited within
four years after realignment in certain cases
``(a) Prohibition.--Notwithstanding any other provision of law, no
action may be taken, and no funds appropriated or otherwise available
to the Department of Defense may be obligated or expended, to effect or
implement the closure of a military installation within 4 years after
the completion of a realignment of the installation that, alone or with
other causes, reduced the number of civilian personnel employed at that
installation below 225.
``(b) Definitions.--In this section, the terms `military
installation', `civilian personnel', and `realignment' have the
meanings given such terms in section 2687(e) of this title.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item related to section 2687
the following:
``2688. Base closures and realignments: closure prohibited within four
years after realignment in certain
cases.''.
(b) Conforming Amendment.--Section 2687(a) of such title is amended
by inserting ``(other than section 2688 of this title)'' after
``Notwithstanding any other provision of law''.
SEC. 2853. SENSE OF THE SENATE ON FURTHER ROUNDS OF BASE CLOSURES.
(a) Findings.--The Senate finds that:
(1) While the Department of Defense has proposed further
rounds of base closures, there is no need to authorize in 1998
a new base closure commission that would not begin its work
until three years from now, in 2001.
(2) While the Department of Defense has submitted a report
to the Congress in response to section 2824 of the National
Defense Authorization Act for Fiscal Year 1998, that report--
(A) based its estimates of the costs and savings of
previous base closure rounds on data that the General
Accounting Office has described as ``inconsistent'',
``unreliable'' and ``incomplete'';
(B) failed to demonstrate that the Defense
Department is working effectively to improve its
ability to track base closure costs and savings
resulting from the 1993 and 1995 base closure rounds,
which are ongoing;
(C) modeled the savings to be achieved as a result
of further base closure rounds on the 1993 and 1995
rounds, which are as yet incomplete and on which the
Department's information is faulty; and
(D) projected that base closure rounds in 2001 and
2005 would not produce substantial savings until 2008,
a decade after the Federal Government will have
achieved unified budget balance, and 5 years beyond the
planning period for the current congressional budget
and Future Years Defense Plan.
(3) Section 2824 required that the Congressional Budget
Office and the General Accounting Office review the Defense
Department's report, and--
(A) the General Accounting Office stated on May 1
that ``we are now conducting our analysis to be able to
report any limitations that may exist in the required
level of detail. . . . [W]e are awaiting some
supporting documentation from the military services to
help us finish assessing the report's information.'';
(B) the Congressional Budget Office stated on May 1
that its review is ongoing, and that ``it is important
that CBO take the time necessary to provide a
thoughtful and accurate evaluation of DOD's report,
rather than issue a preliminary and potentially
inaccurate assessment.''.
(4) The Congressional Budget Office recommended that ``The
Congress could consider authorizing an additional round of base
closures if the Department of Defense believes that there is a
surplus of military capacity after all rounds of BRAC have been
carried out. That consideration, however, should follow an
interval during which DOD and independent analysts examine the
actual impact of the measures that have been taken thus far.''.
(b) Sense of the Congress.--It is the sense of the Congress that--
(1) Congress should not authorize further rounds of base
closures and realignments until all actions authorized by the
Defense Base Closure and Realignment Act of 1990 are completed;
and
(2) the Department of Defense should submit forthwith to
the Congress the report required by section 2815 of Public Law
103-337, analyzing the effects of base closures and
realignments on the ability of the Armed Forces to remobilize,
describing the military construction projects needed to
facilitate such remobilization, and discussing the assets, such
as air space, that would be difficult to reacquire in the event
of such remobilization.
TITLE XXIX--JUNIPER BUTTE RANGE WITHDRAWAL
SEC. 2901. SHORT TITLE.
This title may be cited as the ``Juniper Butte Range Withdrawal
Act''.
SEC. 2902. WITHDRAWAL AND RESERVATION.
(a) Withdrawal.--Subject to valid existing rights and except as
otherwise provided in this title, the lands at the Juniper Butte Range,
Idaho, referred to in subsection (c), are withdrawn from all forms of
appropriation under the public land laws, including the mining laws and
the mineral and geothermal leasing laws, but not the Materials Act of
1947 (30 U.S.C. 601-604).
(b) Reserved Uses.--The lands withdrawn under subsection (a) are
reserved for use by the Secretary of the Air Force for--
(1) a high hazard training area;
(2) dropping non-explosive training ordnance with spotting
charges;
(3) electronic warfare and tactical maneuvering and air
support; and
(4) other defense-related purposes consistent with the
purposes specified in paragraphs (1), (2), and (3), including
continued natural resource management and environmental
remediation in accordance with section 2916.
(c) Site Development Plans.--Site development plans shall be
prepared prior to construction; site development plans shall be
incorporated in the Integrated Natural Resource Management Plan
identified in section 2909; and, except for any minimal improvements,
development on the withdrawn lands of any facilities beyond those
proposed and analyzed in the Air Force's Enhanced Training in Idaho
Environmental Impact Statement, the Enhanced Training in Idaho Record
of Decision dated March 10, 1998, and the site development plans shall
be contingent upon review and approval of the Idaho State Director,
Bureau of Land Management.
(d) General Description.--The public lands withdrawn and reserved
by this section comprise approximately 11,300 acres of public land in
Owhyee County, Idaho, as generally depicted on the map entitled
``Juniper Butte Range Withdrawal--Proposed'', dated June 1998, that
will be filed in accordance with section 2903. The withdrawal is for an
approximately 10,600-acre tactical training range, a 640-acre no-drop
target site, four 5-acre no-drop target sites and nine 1-acre
electronic threat emitter sites.
SEC. 2903. MAP AND LEGAL DESCRIPTION.
(a) In General.--As soon as practicable after the effective date 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
title; and
(2) file a map or maps and the legal description of the
lands withdrawn and reserved by this title with the Committee
on Energy and Natural Resources of the Senate and with the
Committee on Resources of the House of Representatives.
(b) Incorporation by Reference.--Such maps and legal description
shall have the same force and effect as if included in this title.
(c) Correction of Errors.--The Secretary of the Interior may
correct clerical and typographical errors in such map or maps and legal
description.
(d) Availability.--Copies of such map or maps and the legal
description shall be available for public inspection in the office of
the Idaho State Director of the Bureau of Land Management; the offices
of the managers of the Lower Snake River District, Bureau Field Office
and Jarbidge Field Office of the Bureau of Land Management; and the
Office of the Commander, Mountain Home Air Force Base, Idaho. To the
extent practicable, the Secretary of the Interior shall adopt the legal
description and maps prepared by the Secretary of the Air Force in
support of this title.
(e) The Secretary of the Air Force shall reimburse the Secretary of
the Interior for the costs incurred by the Department of the Interior
in implementing this section.
SEC. 2904. AGENCY AGREEMENT
The Bureau of Land Management and the Air Force have agreed upon
additional mitigation measures associated with this land withdrawal as
specified in the ``ENHANCED TRAINING IN IDAHO Memorandum of
Understanding Between The Bureau of Land Management and The United
States Air Force'' that is dated June 11, 1998. This agreement
specifies that these mitigation measures will be adopted as part of the
Air Force's Record of Decision for Enhanced Training in Idaho. Congress
endorses this collaborative effort between the agencies and directs
that the agreement be implemented: Provided, however, That the parties
may, in accordance with the National Environmental Policy Act of 1969,
as amended, mutually agree to modify the mitigation measures specified
in the agreement in light of experience gained through the actions
called for in the agreement or as a result of changed military
circumstances: Provided further, That neither the agreement, any
modification thereof, nor this section creates any right, benefit, or
trust responsibility, substantive or procedural, enforceable at law or
equity by a party against the United States, its agencies, its
officers, or any person.
SEC. 2905. RIGHT-OF-WAY GRANTS.
In addition to the withdrawal under section 2902 and in accordance
with all applicable laws, the Secretary of the Interior shall process
and grant the Secretary of the Air Force rights-of-way using the
Department of the Interior regulations and policies in effect at the
time of filing applications for the one-quarter acre electronic warfare
threat emitter sites, roads, powerlines, and other ancillary facilities
as described and analyzed in the Enhanced Training in Idaho Final
Environmental Impact Statement, dated January 1998.
SEC. 2906. INDIAN SACRED SITES.
(a) Management.--In the management of the Federal lands withdrawn
and reserved by this title, the Air Force shall, to the extent
practicable and not clearly inconsistent with essential agency
functions, (1) accommodate access to and ceremonial use of Indian
sacred sites by Indian religious practitioners and (2) avoid adversely
affecting the integrity of such sacred sites. The Air Force shall
maintain the confidentiality of such sites where appropriate. The term
``sacred site'' shall mean any specific, discrete, narrowly delineated
location on Federal land that is identified by an Indian tribe, or
Indian individual determined to be an appropriately authoritative
representative of an Indian religion, as sacred by virtue of its
established religious significance to, or ceremonial use by, an Indian
religion: Provided, That the tribe or appropriately authoritative
representative of an Indian religion has informed the Air Force of the
existence of such a site. 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 Public Law 103-454 (108 Stat. 4791), and ``Indian'' refers
to a member of such an Indian tribe.
(b) Consultation.--Air Force officials at Mountain Home Air Force
Base shall regularly consult with the Tribal Chairman of the Shoshone-
Paiute Tribes of the Duck Valley Reservation to assure that tribal
government rights and concerns are fully considered during the
development of the Juniper Butte Range.
SEC. 2907. ACTIONS CONCERNING RANCHING OPERATIONS IN WITHDRAWN AREA.
The Secretary of the Air Force is authorized and directed to, upon
such terms and conditions as the Secretary of the Air Force considers
just and in the national interest, conclude and implement agreements
with the grazing permittees to provide appropriate consideration,
including future grazing arrangements. Upon the conclusion of these
agreements, the Assistant Secretary, Land and Minerals Management,
shall grant rights-of-way and approvals and take such actions as are
necessary to implement promptly this title and the agreements with the
grazing permittees. The Secretary of the Air Force and the Secretary of
the Interior shall allow the grazing permittees for lands withdrawn and
reserved by this title to continue their activities on the lands in
accordance with the permits and their applicable regulations until the
Secretary of the Air Force has fully implemented the agreement with the
grazing permittees under this section. Upon the implementation of these
agreements, the Bureau of Land Management is authorized and directed,
subject to the limitations included in this section, to terminate
grazing on the lands withdrawn.
SEC. 2908. MANAGEMENT OF WITHDRAWN AND RESERVED LANDS.
(a) In General.--Except as provided in section 2916(d), during the
withdrawal and reservation of any lands under this title, the Secretary
of the Air Force shall manage such lands for purposes relating to the
uses set forth in section 2902(b).
(b) Management According To Plan.--The lands withdrawn and reserved
by this title shall be managed in accordance with the provisions of
this title under the integrated natural resources management plan
prepared under section 2909.
(c) Authority To Close Land.--If the Secretary of the Air Force
determines that military operations, public safety, or the interests of
national security require the closure to public use of any road, trail
or other portion of the lands withdrawn by this title that are commonly
in public use, the Secretary of the Air Force may take such action:
Provided, That such closures shall be limited to the minimum areas and
periods required for the purposes specified in this subsection. During
closures, the Secretary of the Air Force shall keep appropriate warning
notices posted and take appropriate steps to notify the public about
the closure.
(d) Lease Authority.--The Secretary of the Air Force may enter into
leases for State lands with the State of Idaho in support of the
Juniper Butte Range and operations at the Juniper Butte Range.
(e) Prevention and Suppression of Fire.--
(1) The Secretary of the Air Force shall take appropriate
precautions to prevent and suppress brush fires and range fires
that occur within the boundaries of the Juniper Butte Range, as
well as brush and range fires occurring outside the boundaries
of the Range resulting from military activities.
(2) Notwithstanding section 2465 of title 10, United States
Code, the Secretary of the Air Force may obligate funds
appropriated or otherwise available to the Secretary of the Air
Force to enter into contracts for fire-fighting.
(3)(A) The memorandum of understanding under section 2910
shall provide for the Bureau of Land Management to assist the
Secretary of the Air Force in the suppression of the fires
described in paragraph (1).
(B) The memorandum of understanding shall provide that the
Secretary of the Air Force reimburse the Bureau of Land
Management for any costs incurred by the Bureau of Land
Management under this paragraph.
(f) Use of Mineral Materials.--Notwithstanding any other provision
of this title 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 Air Force may use, from the lands withdrawn and reserved by this
title, sand, gravel, or similar mineral material resources of the type
subject to disposition under the Act of July 31, 1947, when the use of
such resources is required for construction needs of the Juniper Butte
Range.
SEC. 2909. INTEGRATED NATURAL RESOURCE MANAGEMENT PLAN.
(a) Requirement.--
(1) Not later than 2 years after the date of enactment of
this title, the Secretary of the Air Force shall, in
cooperation with the Secretary of the Interior, the State of
Idaho and Owyhee County, develop an integrated natural
resources management plan to address the management of the
resources of the lands withdrawn and reserved by this title
during their withdrawal and reservation under this title.
Additionally, the Integrated Natural Resource Management Plan
will address mitigation and monitoring activities by the Air
Force for State and Federal lands affected by military training
activities associated with the Juniper Butte Range. The
foregoing will be done cooperatively between the Air Force and
the Bureau of Land Management, the State of Idaho and Owyhee
County.
(2) Except as otherwise provided under this title, the
integrated natural resources management plan under this section
shall be developed in accordance with, and meet the
requirements of, section 101 of the Sikes Act (16 U.S.C. 670a).
(3) Site development plans shall be prepared prior to
construction of facilities. These plans shall be reviewed by
the Bureau of Land Management for Federal lands and the State
of Idaho for State lands for consistency with the proposal
assessed in the Enhanced Training in Idaho Environmental Impact
Statement. The portion of the site development plans describing
reconfigurable or replacement targets may be conceptual.
(b) Elements.--The integrated natural resources management plan
under subsection (a) shall--
(1) include provisions for the proper management and
protection of the natural, cultural, and other resources and
values of the lands withdrawn and reserved by this title and
for the use of such resources in a manner consistent with the
uses set forth in section 2902(b);
(2) permit livestock grazing at the discretion of the
Secretary of the Air Force in accordance with section 2907 or
any other authorities relating to livestock grazing that are
available to that Secretary;
(3) permit fencing, water pipeline modifications and
extensions, and the construction of aboveground water
reservoirs, and the maintenance and repair of these items on
the lands withdrawn and reserved by this title, and on other
lands under the jurisdiction of the Bureau of Land Management;
and
(4) otherwise provide for the management by the Secretary
of the Air Force of any lands withdrawn and reserved by this
title while retained under the jurisdiction of that Secretary
under this title.
(c) Periodic Review.--The Secretary of the Air Force shall, in
cooperation with the Secretary of the Interior and the State of Idaho,
review the adequacy of the provisions of the integrated natural
resources management plan developed under this section at least once
every 5 years after the effective date of the plan.
SEC. 2910. MEMORANDUM OF UNDERSTANDING.
(a) Requirement.--The Secretary of the Air Force, the Secretary of
the Interior, and the Governor of the State of Idaho shall jointly
enter into a memorandum of understanding to implement the integrated
natural resources management plan required under section 2909.
(b) Term.--The memorandum of understanding under subsection (a)
shall apply to any lands withdrawn and reserved by this title until
their relinquishment by the Secretary of the Air Force under this
title.
(c) Modification.--The memorandum of understanding under subsection
(a) may be modified by agreement of all the parties specified in that
subsection.
SEC. 2911. MAINTENANCE OF ROADS.
The Secretary of the Air Force shall enter into agreements with the
Owyhee County Highway District, Idaho, and the Three Creek Good Roads
Highway District, Idaho, under which the Secretary of the Air Force
shall pay the costs of road maintenance incurred by such districts that
are attributable to Air Force operations associated with the Juniper
Butte Range.
SEC. 2912. MANAGEMENT OF WITHDRAWN AND ACQUIRED MINERAL RESOURCES.
Except as provided in subsection 2908(f), the Secretary of the
Interior shall manage all withdrawn and acquired mineral resources
within the boundaries of the Juniper Butte Range in accordance with the
Act of February 28, 1958 (known as the Engle Act; 43 U.S.C. 155-158).
SEC. 2913. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands withdrawn and
reserved by this title shall be conducted in accordance with the
provision of section 2671 of title 10, United States Code.
SEC. 2914. WATER RIGHTS.
(a) Limitation.--The Secretary of the Air Force shall not seek or
obtain any water rights associated with any water pipeline modified or
extended, or aboveground water reservoir constructed, for purposes of
consideration under section 2907.
(b) New Rights.--
(1) Nothing in this title shall be construed to establish a
reservation in favor of the United States with respect to any
water or water right on the lands withdrawn and reserved by
this title.
(2) Nothing in this title shall be construed to authorize
the appropriation of water on the lands withdrawn and reserved
by this title by the United States after the date of enactment
of this title unless such appropriation is carried out in
accordance with the laws of the State of Idaho.
(c) Applicability.--This section may not be construed to affect any
water rights acquired by the United States before the date of enactment
of this title.
SEC. 2915. DURATION OF WITHDRAWAL.
(a) Termination.--
(1) Except as otherwise provided in this section and
section 2916, the withdrawal and reservation of lands by this
title shall, unless extended as provided herein, terminate at
one minute before midnight on the 25th anniversary of the date
of the enactment of this title.
(2) At the time of termination, the previously withdrawn
lands shall not be open to the general land laws including the
mining laws and the mineral and geothermal leasing laws until
the Secretary of the Interior publishes in the Federal Register
an appropriate order which shall state the date upon which such
lands shall be opened.
(b) Relinquishment.--
(1) If the Secretary of the Air Force determines under
subsection (c) of this section that the Air Force has no
continuing military need for any lands withdrawn and reserved
by this title, the Secretary of the Air Force shall submit to
the Secretary of the Interior a notice of intent to relinquish
jurisdiction over such lands back to the Secretary of the
Interior.
(2) The Secretary of the Interior may accept jurisdiction
over any lands covered by a notice of intent to relinquish
jurisdiction under paragraph (1) if the Secretary of the
Interior determines that the Secretary of the Air Force has
completed the environmental review required under section
2916(a) and the conditions under section 2916(c) have been met.
(3) If the Secretary of the Interior decides to accept
jurisdiction over lands under paragraph (2) before the date of
termination, as provided for in subsection (a)(1) of this
section, the Secretary of the Interior shall publish in the
Federal Register an appropriate order which shall--
(A) revoke the withdrawal and reservation of such
lands under this title;
(B) constitute official acceptance of
administrative jurisdiction over the 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 and
geothermal leasing laws, if appropriate.
(4) The Secretary of the Interior shall manage any lands
relinquished under this subsection as multiple use status
lands.
(5) If the Secretary of the Interior declines pursuant to
paragraph (b)(2) of this section to accept jurisdiction of any
parcel of the land proposed for relinquishment, that parcel
shall remain under the continued administration of the
Secretary of the Air Force pursuant to section 2916(d).
(c) Extension.--
(1) In general.--In the case of any lands withdrawn and
reserved by this title that the Air Force proposes to include
in a notice of extension because of continued military need
under paragraph (2) of this subsection, the Secretary of the
Air Force shall prior to issuing the notice under paragraph
(2)--
(A) evaluate the environmental effects of the
extension of the withdrawal and reservation of such
lands in accordance with all applicable laws and
regulations; and
(B) hold at least one public meeting in the State
of Idaho regarding that evaluation.
(2) Notice of need for extension of withdrawal.--
(A) Not later than 2 years before the termination
of the withdrawal and reservation of lands by this
title under subsection (a), the Secretary of the Air
Force shall notify Congress and the Secretary of the
Interior as to whether or not the Air Force has a
continuing military need for any of the lands withdrawn
and reserved by this title, and not previously
relinquished under this section, after the termination
date as specified in subsection (a) of this section.
(B) The Secretary of the Air force shall specify in
the notice under subparagraph (A) the duration of any
extension or further extension of withdrawal and
reservation of such lands under this title: Provided
however, That the duration of each extension or further
extension shall not exceed 25 years.
(C) The notice under subparagraph (A) shall be
published in the Federal Register and a newspaper of
local distribution with the opportunity for comments,
within a 60-day period, which shall be provided to the
Secretary of the Air Force and the Secretary of the
Interior.
(3) Effect of notification.--
(A) Subject to subparagraph (B), in the case of any
lands withdrawn and reserved by this title that are
covered by a notice of extension under subsection
(c)(2), the withdrawal and reservation of such lands
shall extend under the provisions of this title after
the termination date otherwise provided for under
subsection (a) for such period as is specified in the
notice under subsection (c)(2).
(B) Subparagraph (A) shall not apply with respect
to any lands covered by a notice referred to in that
paragraph until 90 legislative days after the date on
which the notice with respect to such lands is
submitted to Congress under paragraph (2).
SEC. 2916. ENVIRONMENTAL REMEDIATION OF RELINQUISHED WITHDRAWN LANDS OR
UPON TERMINATION OF WITHDRAWAL.
(a) Environmental Review.--
(1) Before submitting under section 2915 a notice of an
intent to relinquish jurisdiction over lands withdrawn and
reserved by this title, and in all cases not later than 2 years
prior to the date of termination of withdrawal and reservation,
the Secretary of the Air Force shall, in consultation with the
Secretary of the Interior, complete a review that fully
characterizes the environmental conditions of such lands
(including any water and air associated with such lands) in
order to identify any contamination on such lands.
(2) The Secretary of the Air Force shall submit to the
Secretary of the Interior a copy of the review prepared with
respect to any lands under paragraph (1). The Secretary of the
Air Force shall also submit at the same time any notice of
intent to relinquish jurisdiction over such lands under section
2915.
(3) The Secretary of the Air Force shall submit a copy of
any such review to Congress.
(b) Environmental Remediation of Lands.--The Secretary of the Air
Force shall, in accordance with applicable State and Federal law, carry
out and complete environmental remediation--
(1) before relinquishing jurisdiction to the Secretary of
the Interior over any lands identified in a notice of intent to
relinquish under subsection 2915(b); or
(2) prior to the date of termination of the withdrawal and
reservation, except as provided under subsection (d) of this
section.
(c) Postponement of Relinquishment.--The Secretary of the Interior
shall not accept jurisdiction over any lands that are the subject of
activities under subsection (b) of this section until the Secretary of
the Interior determines that environmental conditions on the lands are
such that--
(1) all necessary environmental remediation has been
completed by the Secretary of the Air Force;
(2) the lands are safe for nonmilitary uses; and
(3) the lands could be opened consistent with the Secretary
of the Interior's public land management responsibilities.
(d) Jurisdiction When Withdrawal Terminates.--If the determination
required by section (c) cannot be achieved for any parcel of land
subject to the withdrawal and reservation prior to the termination date
of the withdrawal and reservation, the Secretary of the Air Force shall
retain administrative jurisdiction over such parcels of land
notwithstanding the termination date for the limited purposes of--
(1) environmental remediation activities under subsection
(b); and,
(2) any activities relating to the management of such lands
after the termination of the withdrawal reservation for
military purposes that are provided for in the integrated
natural resources management plan under section 2909.
(e) Request for Appropriations.--The Secretary of the Air Force
shall request an appropriation pursuant to section 2919 sufficient to
accomplish the remediation under this title.
SEC. 2917. DELEGATION OF AUTHORITY.
(a) Air Force Functions.--Except for executing the agreement
referred to in section 2907, the Secretary of the Air Force may
delegate that Secretary's functions under this title.
(b) Interior Functions.--
(1) Except as provided in paragraph (2), the Secretary of
the Interior may delegate that Secretary's functions under this
title.
(2) The order referred to in section 2915(b)(3) may be
approved and signed only by the Secretary of the Interior, the
Deputy Secretary of the Interior, or an Assistant Secretary of
the Interior.
(3) The approvals granted by the Bureau of Land Management
shall be pursuant to the decisions of the Secretary of the
Interior, or the Assistant Secretary for Land and Minerals
Management.
SEC. 2918. SENSE OF SENATE REGARDING MONITORING OF WITHDRAWN LANDS.
(a) Finding.--The Senate finds that there is a need for the
Department of the Air Force, the Bureau of Land Management, the State
of Idaho, and Owyhee County to develop a cooperative effort to monitor
the impact of military activities on the natural, cultural, and other
resources and values of the lands withdrawn and reserved by this title
as well as other Federal and State lands affected by military
activities associated with the Juniper Butte Range.
(b) Sense of Senate.--It is the sense of the Senate that the
Secretary of the Air Force should ensure that the budgetary planning of
the Department of the Air Force makes available sufficient funds to
assure Air Force participation in the cooperative effort developed by
the Department of the Air Force, the Bureau of Land Management, and the
State of Idaho to monitor the impact of military activities on the
natural, cultural, and other resources and values of the lands
withdrawn and reserved by this title as well as other Federal and State
lands affected by military activities associated with the Juniper Butte
Range.
SEC. 2919. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this title.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL
SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
SEC. 3101. WEAPONS ACTIVITIES.
(a) In General.--Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 1999 for weapons activities in
carrying out programs necessary for national security in the amount of
$4,519,700,000, to be allocated as follows:
(1) Stockpile stewardship.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year
1999 for stockpile stewardship in carrying out weapons
activities necessary for national security programs in the
amount of $2,123,375,000, to be allocated as follows:
(A) For core stockpile stewardship, $1,556,375,000,
to be allocated as follows:
(i) For operation and maintenance,
$1,440,832,000.
(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), $115,543,000, to be allocated
as follows:
Project 99-D-102, rehabilitation of
maintenance facility, Lawrence
Livermore National Laboratory,
Livermore, California, $6,500,000.
Project 99-D-103, isotope sciences
facilities, Lawrence Livermore National
Laboratory, Livermore, California,
$4,000,000.
Project 99-D-104, protection of
real property (roof replacement-Phase
II), Lawrence Livermore National
Laboratory, Livermore, California,
$7,300,000.
Project 99-D-105, central health
physics calibration facility, TA-36,
Los Alamos National Laboratory, Los
Alamos, New Mexico, $3,900,000.
Project 99-D-106, model validation
and system certification test center,
Sandia National Laboratories,
Albuquerque, New Mexico, $1,600,000.
Project 99-D-107, Joint
Computational Engineering Laboratory,
Sandia National Laboratories,
Albuquerque, New Mexico, $1,800,000.
Project 99-D-108, renovate existing
roadways, Nevada Test Site, Nevada,
$2,000,000.
Project 97-D-102, dual-axis
radiographic hydrotest facility
(DARHT), Los Alamos National
Laboratory, Los Alamos, New Mexico,
$36,000,000.
Project 96-D-102, stockpile
stewardship facilities revitalization,
Phase VI, various locations,
$20,423,000.
Project 96-D-103, ATLAS, Los Alamos
National Laboratory, Los Alamos, New
Mexico, $6,400,000.
Project 96-D-104, processing and
environmental technology laboratory
(PETL), Sandia National Laboratories,
Albuquerque, New Mexico, $18,920,000.
Project 96-D-105, contained firing
facility (CFF) addition, Lawrence
Livermore National Laboratory,
Livermore, California, $6,700,000.
(B) For inertial fusion, $498,000,000, to be
allocated as follows:
(i) For operation and maintenance,
$213,800,000.
(ii) For the following plant project
(including maintenance, restoration, planning,
construction, acquisition, and modification of
facilities, and land acquisition related
thereto), $284,200,000, to be allocated as
follows:
Project 96-D-111, national ignition
facility (NIF), Lawrence Livermore
National Laboratory, Livermore,
California, $284,200,000.
(C) For technology partnerships and education,
$69,000,000, to be allocated as follows:
(i) For technology partnerships,
$60,000,000.
(ii) For education, $9,000,000.
(2) Stockpile management.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year
1999 for stockpile management in carrying out weapons
activities necessary for national security programs in the
amount of $2,140,825,000, to be allocated as follows:
(A) For operation and maintenance, $2,040,803,000.
(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), $100,022,000, to be
allocated as follows:
Project 99-D-122, rapid reactivation,
various locations, $11,200,000.
Project 99-D-123, replace mechanical
utility systems, Y-12 Plant, Oak Ridge,
Tennessee, $1,900,000.
Project 99-D-125, replace boilers and
controls, Kansas City Plant, Kansas City,
Missouri, $1,000,000.
Project 99-D-127, stockpile management
restructuring initiative, Kansas City Plant,
Kansas City, Missouri, $13,700,000.
Project 99-D-128, stockpile management
restructuring initiative, Pantex Plant,
Amarillo, Texas, $1,108,000.
Project 99-D-132, nuclear materials
safeguards and security upgrades project, Los
Alamos National Laboratory, Los Alamos, New
Mexico, $9,700,000.
Project 98-D-123, stockpile management
restructuring initiative, tritium factory
modernization and consolidation, Savannah River
Site, Aiken, South Carolina, $27,500,000.
Project 98-D-124, stockpile management
restructuring initiative, Y-12 Plant
consolidation, Oak Ridge, Tennessee,
$10,700,000.
Project 97-D-122, nuclear materials storage
facility renovation, Los Alamos National
Laboratory, Los Alamos, New Mexico, $4,864,000.
Project 97-D-123, structural upgrades,
Kansas City Plant, Kansas City, Missouri,
$6,400,000.
Project 96-D-122, sewage treatment quality
upgrade (STQU), Pantex Plant, Amarillo, Texas,
$3,700,000.
Project 95-D-102, chemistry and metallurgy
research building (CMR) upgrades project, Los
Alamos National Laboratory, Los Alamos, New
Mexico, $5,000,000.
Project 93-D-122, life safety upgrades, Y-
12 Plant, Oak Ridge, Tennessee, $3,250,000.
(3) Program direction.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1999
for program direction in carrying out weapons activities
necessary for national security programs in the amount of
$255,500,000.
(b) Adjustment.--The total amount authorized to be appropriated in
paragraphs (1), (2), and (3) of subsection (a) is the sum of the
amounts authorized to be appropriated by such paragraphs reduced by the
sum of $145,000,000 for use of prior year balances.
SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a) In General.--Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 1999 for environmental
restoration and waste management in carrying out programs necessary for
national security in the amount of $5,323,143,000, to be allocated as
follows:
(1) Site and project completion.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 1999 for site project and completion in carrying
out environmental restoration and waste management activities
necessary for national security programs in the amount of
$1,047,253,000, to be allocated as follows:
(A) For operation and maintenance, $848,090,000.
(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), $199,163,000, to be
allocated as follows:
Project 99-D-402, tank farm support
services, F&H area, Savannah River Site, Aiken,
South Carolina, $2,745,000.
Project 99-D-404, health physics
instrumentation laboratory, Idaho National
Engineering and Environmental Laboratory, Idaho
Falls, Idaho, $950,000.
Project 98-D-401, H-tank farm storm water
systems upgrade, Savannah River Site, Aiken,
South Carolina, $3,120,000.
Project 98-D-453, plutonium stabilization
and handling system for plutonium finishing
plant, Richland, Washington, $26,814,000.
Project 98-D-700, road rehabilitation,
Idaho National Engineering and Environmental
Laboratory, Idaho Falls, Idaho, $7,710,000.
Project 97-D-450, actinide packaging and
storage facility, Savannah River Site, Aiken,
South Carolina, $79,184,000.
Project 97-D-470, regulatory monitoring and
bioassay laboratory, Savannah River Site,
Aiken, South Carolina, $7,000,000.
Project 96-D-406, spent nuclear fuels
canister storage and stabilization facility,
Richland, Washington, $38,680,000.
Project 96-D-408, waste management
upgrades, Kansas City Plant, Kansas City,
Missouri, and Savannah River Site, Aiken, South
Carolina, $4,512,000.
Project 96-D-464, electrical and utility
systems upgrade, Idaho Chemical Processing
Plant, Idaho National Engineering and
Environmental Laboratory, Idaho Falls, Idaho,
$11,544,000.
Project 96-D-471, chlorofluorocarbon
heating, ventilation, and air conditioning and
chiller retrofit, Savannah River Site, Aiken,
South Carolina, $8,000,000.
Project 95-D-456, security facilities
consolidation, Idaho Chemical Processing Plant,
Idaho National Engineering and Environmental
Laboratory, Idaho Falls, Idaho, $485,000.
Project 92-D-140, F-canyon and H-canyon
exhaust upgrades, Savannah River Site, Aiken,
South Carolina, $3,667,000.
Project 86-D-103, decontamination and waste
treatment facility, Lawrence Livermore National
Laboratory, Livermore, California, $4,752,000.
(2) Post 2006 completion.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year
1999 for post 2006 project completion in carrying out
environmental restoration and waste management activities
necessary for national security programs in the amount of
$2,683,451,000, to be allocated as follows:
(A) For operation and maintenance, $2,602,195,000.
(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), $81,256,000, to be
allocated as follows:
Project 99-D-403, privatization phase I
infrastructure support, Richland, Washington,
$14,800,000.
Project 97-D-402, tank farm restoration and
safe operations, Richland, Washington,
$22,723,000.
Project 96-D-408, waste management
upgrades, Richland, Washington, $171,000.
Project 94-D-407, initial tank retrieval
systems, Richland, Washington, $32,860,000.
Project 93-D-187, high-level waste removal
from filled waste tanks, Savannah River Site,
Aiken, South Carolina, $10,702,000.
(3) Closure projects.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1999
for closure projects carried out in accordance with section
3143 of the National Defense Authorization Act for Fiscal Year
1997 (Public Law 104-201; 110 Stat. 2836; 42 U.S.C. 7274n) in
the amount of $1,006,240,000.
(4) Technology development.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year
1999 for science and technology in carrying out environmental
restoration and waste management activities necessary for
national security programs in the amount of $250,000,000.
(5) Program direction.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 1999
for program direction in carrying out environmental restoration
and waste management activities necessary for national security
programs in the amount of $336,199,000.
(b) Adjustment.--The total amount authorized to be appropriated in
paragraphs (1), (2), (3), and (5) of subsection (a) is the sum of the
amounts authorized to be appropriated by such paragraphs reduced by the
sum of $21,000,000 for use of prior year balances.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1999 for other defense activities in carrying
out programs necessary for national security in the amount of
$1,672,160,000, to be allocated as follows:
(1) Verification and control technology.--For verification
and control technology, $483,500,000, to be allocated as
follows:
(A) For nonproliferation and verification research
and development, $210,000,000.
(B) For arms control, $236,900,000.
(C) For intelligence, $36,600,000.
(2) Nuclear safeguards and security.--For nuclear
safeguards and security, $53,200,000.
(3) Security investigations.--For security investigations,
$30,000,000.
(4) Emergency management.--For emergency management,
$23,700,000.
(5) Program direction.--For program direction,
nonproliferation and national security, $84,900,000.
(6) Worker and community transition assistance.--For worker
and community transition assistance, $40,000,000, to be
allocated as follows:
(A) For worker and community transition,
$36,000,000.
(B) For program direction, worker and community
transition assistance, $4,000,000.
(7) Fissile materials control and disposition.--For fissile
materials control and disposition, $168,960,000, to be
allocated as follows:
(A) For operation and maintenance, $111,372,000.
(B) For program direction, fissile materials
control and disposition, $4,588,000.
(C) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and land acquisition
related thereto), $53,000,000, to be allocated as
follows:
Project 99-D-141, pit disassembly and
conversion facility, location to be determined,
$25,000,000.
Project 99-D-143, mixed oxide fuel
fabrication facility, location to be
determined, $28,000,000.
(8) Environment, safety, and health.--For environment,
safety, and health, defense, $69,000,000, to be allocated as
follows:
(A) For the Office of Environment, Safety, and
Health (Defense), $64,231,000.
(B) For program direction, environment, safety, and
health (defense), $4,769,000.
(9) Office of hearings and appeals.--For the Office of
Hearings and Appeals, $2,400,000.
(10) International nuclear safety.--For international
nuclear safety, $35,000,000.
(11) Naval reactors.--For naval reactors, $681,500,000, to
be allocated as follows:
(A) For naval reactors development, $661,400,000,
to be allocated as follows:
(i) For operation and maintenance,
$639,600,000.
(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), $12,800,000, to be allocated
as follows:
Project 98-D-200, site laboratory/
facility upgrade, various locations,
$7,000,000.
Project 90-N-102, expended core
facility dry cell project, Naval
Reactors facility, Idaho Falls, Idaho,
$5,800,000.
(iii) For general plant projects,
$9,000,000, to be allocated as follows:
Project GPN-101, general plant
projects, various locations,
$9,000,000.
(B) For program direction, naval reactors,
$20,100,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 1999 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 $190,000,000.
SEC. 3105. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.
(a) In General.--Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 1999 for privatization
initiatives in carrying out environmental restoration and waste
management activities necessary for national security programs in the
amount of $273,857,000, to be allocated as follows:
Project 99-PVT-1, remote handled transuranic waste
transportation, Carlsbad, New Mexico, $19,605,000.
Project 98-PVT-2, spent nuclear fuel dry storage, Idaho
Falls, Idaho, $20,000,000.
Project 98-PVT-5, waste disposal, Oak Ridge, Tennessee,
$33,500,000.
Project 97-PVT-1, tank waste remediation system phase I,
Hanford, Washington, $113,500,000.
Project 97-PVT-2, advanced mixed waste treatment facility,
Idaho Falls, Idaho, $87,252,000.
(b) Adjustment.--The amount authorized to be appropriated in
subsection (a) is the sum of the amounts authorized to be appropriated
for the projects set forth in that subsection reduced by the sum of
$32,000,000 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 30 days has elapsed after the date on which such
committees receive the report, the Secretary may not use amounts
appropriated pursuant to this title for any program--
(1) in amounts that exceed, in a fiscal year--
(A) 110 percent of the amount authorized for that
program by this title; or
(B) $1,000,000 more than the amount authorized for
that program by this title; or
(2) which has not been presented to, or requested of,
Congress.
(b) Report.--(1) The report referred to in subsection (a) is a
report containing a full and complete statement of the action proposed
to be taken and the facts and circumstances relied upon in support of
such proposed action.
(2) In the computation of the 30-day period under subsection (a),
there shall be excluded any day on which either House of Congress is
not in session because of an adjournment of more than 3 days to a day
certain.
(c) Limitations.--(1) In no event may the total amount of funds
obligated pursuant to this title exceed the total amount authorized to
be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be used for
an item for which Congress has specifically denied funds.
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.
(a) In General.--The Secretary of Energy may carry out any
construction project under the general plant projects authorized by
this title if the total estimated cost of the construction project does
not exceed $5,000,000.
(b) Report to Congress.--If, at any time during the construction of
any general plant project authorized by this title, the estimated cost
of the project is revised because of unforeseen cost variations and the
revised cost of the project exceeds $5,000,000, the Secretary shall
immediately furnish a complete report to the congressional defense
committees explaining the reasons for the cost variation.
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.
(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or additional
obligations incurred in connection with the project above the total
estimated cost, whenever the current estimated cost of the construction
project, which is authorized by section 3101, 3102, or 3103, or which
is in support of national security programs of the Department of Energy
and was authorized by any previous Act, exceeds by more than 25 percent
the higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project
as shown in the most recent budget justification data submitted
to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the actions and
the circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on which
the report is received by the committees.
(3) In the computation of the 30-day period under paragraph (2),
there shall be excluded any day on which either House of Congress is
not in session because of an adjournment of more than 3 days to a day
certain.
(b) Exception.--Subsection (a) shall not apply to any construction
project which has a current estimated cost of less than $5,000,000.
SEC. 3124. FUND TRANSFER AUTHORITY.
(a) Transfer to Other Federal Agencies.--The Secretary of Energy
may transfer funds authorized to be appropriated to the Department of
Energy pursuant to this title to other Federal agencies for the
performance of work for which the funds were authorized. Funds so
transferred may be merged with and be available for the same purposes
and for the same period as the authorizations of the Federal agency to
which the amounts are transferred.
(b) Transfer Within Department of Energy.--(1) Subject to paragraph
(2), the Secretary of Energy may transfer funds authorized to be
appropriated to the Department of Energy pursuant to this title between
any such authorizations. Amounts of authorizations so transferred may
be merged with and be available for the same purposes and for the same
period as the authorization to which the amounts are transferred.
(2) Not more than five percent of any such authorization may be
transferred between authorizations under paragraph (1). No such
authorization may be increased or decreased by more than five percent
by a transfer under such paragraph.
(c) Limitation.--The authority provided by this section to transfer
authorizations--
(1) may only be used to provide funds for items relating to
activities necessary for national security programs that have a
higher priority than the items from which the funds are
transferred; and
(2) may not be used to provide funds for an item for which
Congress has specifically denied funds.
(d) Notice to Congress.--The Secretary of Energy shall promptly
notify the Committee on Armed Services of the Senate and the Committee
on National Security of the House of Representatives of any transfer of
funds to or from authorizations under this title.
SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.
(a) Requirement for Conceptual Design.--(1) Subject to paragraph
(2) and except as provided in paragraph (3), before submitting to
Congress a request for funds for a construction project that is in
support of a national security program of the Department of Energy, the
Secretary of Energy shall complete a conceptual design for that
project.
(2) If the estimated cost of completing a conceptual design for a
construction project exceeds $3,000,000, the Secretary shall submit to
Congress a request for funds for the conceptual design before
submitting a request for funds for the construction project.
(3) The requirement in paragraph (1) does not apply to a request
for funds--
(A) for a construction project the total estimated cost of
which is less than $5,000,000; or
(B) for emergency planning, design, and construction
activities under section 3126.
(b) Authority for Construction Design.--(1) Within the amounts
authorized by this title, the Secretary of Energy may carry out
construction design (including architectural and engineering services)
in connection with any proposed construction project if the total
estimated cost for such design does not exceed $600,000.
(2) If the total estimated cost for construction design in
connection with any construction project exceeds $600,000, funds for
such design must be specifically authorized by law.
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND CONSTRUCTION
ACTIVITIES.
(a) Authority.--The Secretary of Energy may use any funds available
to the Department of Energy pursuant to an authorization in this title,
including those funds authorized to be appropriated for advance
planning and construction design under sections 3101, 3102, and 3103,
to perform planning, design, and construction activities for any
Department of Energy national security program construction project
that, as determined by the Secretary, must proceed expeditiously in
order to protect public health and safety, to meet the needs of
national defense, or to protect property.
(b) Limitation.--The Secretary may not exercise the authority under
subsection (a) in the case of any construction project until the
Secretary has submitted to the congressional defense committees a
report on the activities that the Secretary intends to carry out under
this section and the circumstances making such activities necessary.
(c) Specific Authority.--The requirement of section 3125(b)(2) does
not apply to emergency planning, design, and construction activities
conducted under this section.
SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE
DEPARTMENT OF ENERGY.
Subject to the provisions of appropriations Acts and section 3121,
amounts appropriated pursuant to this title for management and support
activities and for general plant projects are available for use, when
necessary, in connection with all national security programs of the
Department of Energy.
SEC. 3128. AVAILABILITY OF FUNDS.
(a) In General.--Except as provided in subsection (b), when so
specified in an appropriations Act, amounts appropriated for operation
and maintenance or for plant projects may remain available until
expended.
(b) Exception for Program Direction Funds.--Amounts appropriated
for program direction pursuant to an authorization of appropriations in
subtitle A shall remain available to be expended only until the end of
fiscal year 2001.
SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS.
(a) Transfer Authority for Defense Environmental Management
Funds.--The Secretary of Energy shall provide the manager of each field
office of the Department of Energy with the authority to transfer
defense environmental management funds from a program or project under
the jurisdiction of the office to another such program or project.
(b) Limitations.--(1) Only one transfer may be made to or from any
program or project under subsection (a) in a fiscal year.
(2) The amount transferred to or from a program or project under
subsection (a) may not exceed $5,000,000 in a fiscal year.
(3) A transfer may not be carried out by a manager of a field
office under subsection (a) unless the manager determines that the
transfer is necessary to address a risk to health, safety, or the
environment or to assure the most efficient use of defense
environmental management funds at the field office.
(4) Funds transferred pursuant to subsection (a) may not be used
for an item for which Congress has specifically denied funds or for a
new program or project that has not been authorized by Congress.
(c) Exemption From Reprogramming Requirements.--The requirements of
section 3121 shall not apply to transfers of funds pursuant to
subsection (a).
(d) Notification.--The Secretary, acting through the Assistant
Secretary of Energy for Environmental Management, shall notify Congress
of any transfer of funds pursuant to subsection (a) not later than 30
days after such transfer occurs.
(e) Definitions.--In this section:
(1) The term ``program or project'' means, with respect to
a field office of the Department of Energy, any of the
following:
(A) An activity carried out pursuant to paragraph
(1), (2), or (3) of section 3102(a).
(B) A project or program not described in
subparagraph (A) that is for environmental restoration
or waste management activities necessary for national
security programs of the Department, that is being
carried out by the office, and for which defense
environmental management funds have been authorized and
appropriated before the date of enactment of this Act.
(2) The term ``defense environmental management funds''
means funds appropriated to the Department of Energy pursuant
to an authorization for carrying out environmental restoration
and waste management activities necessary for national security
programs.
(f) Duration of Authority.--The managers of the field offices of
the Department may exercise the authority provided under subsection (a)
during the period beginning on October 1, 1998, and ending on September
30, 1999.
Subtitle C--Program Authorizations, Restrictions, and Limitations
SEC. 3131. INTERNATIONAL COOPERATIVE STOCKPILE STEWARDSHIP.
(a) Funding Prohibition.--No funds authorized to be appropriated or
otherwise available to the Department of Energy for fiscal year 1999
may be obligated or expended to conduct any activities associated with
international cooperative stockpile stewardship.
(b) Exceptions.--Subsection (a) does not apply to the following:
(1) Activities conducted between the United States and the
United Kingdom.
(2) Activities conducted between the United States and
France.
(3) Activities carried out under title III of this Act
relating to cooperative threat reduction with states of the
former Soviet Union.
SEC. 3132. PROHIBITION ON USE OF FUNDS FOR BALLISTIC MISSILE DEFENSE
AND THEATER MISSILE DEFENSE.
No funds authorized to be appropriated or otherwise made available
to the Department of Energy by this title for fiscal year 1999 may be
obligated or expended for any activities (including research,
development, test, and evaluation activities, demonstration activities,
or studies) relating to ballistic missile defense or theater missile
defense.
SEC. 3133. LICENSING OF CERTAIN MIXED OXIDE FUEL FABRICATION AND
IRRADIATION FACILITIES.
(a) License Requirement.--Notwithstanding section 110 a. of the
Atomic Energy Act of 1954 (42 U.S.C. 2140(a)), no person may construct
or operate a facility referred to in subsection (b) without obtaining a
license from the Nuclear Regulatory Commission.
(b) Covered Facilities.--(1) Except as provided in paragraph (2),
subsection (a) applies to any facility under a contract with and for
the account of the Department of Energy that fabricates mixed
plutonium-uranium oxide nuclear reactor fuel for use in a commercial
nuclear reactor.
(2) Subsection (a) does not apply to any such facility that is
utilized for research, development, demonstration, testing, or analysis
purposes.
(c) Availability of Funds for Licensing by NRC.--Section 210 of the
Department of Energy National Security and Military Applications of
Nuclear Energy Authorization Act of 1981 (42 U.S.C. 7272) shall not
apply to any licensing activities required as a result of subsection
(a).
(d) Applicability of Occupational Safety and Health Requirements to
Activities under License.--Any activities carried out under a license
referred to in subsection (a) shall be subject to regulation under the
Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).
SEC. 3134. 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 and shall provide technical staff necessary to
operate and so maintain such facilities.
SEC. 3135. AUTHORITY FOR DEPARTMENT OF ENERGY FEDERALLY FUNDED RESEARCH
AND DEVELOPMENT CENTERS TO PARTICIPATE IN MERIT-BASED
TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAMS.
Section 217(f)(1) of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2695) is amended by
inserting ``or of the Department of Energy'' after ``the Department of
Defense''.
SEC. 3136. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF LOS ALAMOS
NATIONAL LABORATORY, NEW MEXICO.
(a) Availability of Funds.--Of the funds authorized to be
appropriated or otherwise made available to the Department of Energy by
this title, $5,000,000 shall be available for payment by the Secretary
of Energy to the educational foundation chartered to enhance
educational activities in the public schools in the vicinity of Los
Alamos National Laboratory, New Mexico (in this section referred to as
the ``Foundation'').
(b) Use of Funds.--(1) The Foundation shall utilize funds provided
under subsection (a) as a contribution to an endowment fund for the
Foundation.
(2) The Foundation shall use the income generated from investments
in the endowment fund that are attributable to the payment made under
subsection (a) to fund programs to support the educational needs of
children in public schools in the vicinity of Los Alamos National
Laboratory.
SEC. 3137. COST-SHARING FOR OPERATION OF THE HAZARDOUS MATERIALS
MANAGEMENT AND EMERGENCY RESPONSE TRAINING FACILITY,
RICHLAND, WASHINGTON.
The Secretary of Energy may enter into partnership arrangements
with Federal and non-Federal entities to share the costs of operating
the Hazardous Materials Management and Emergency Response training
facility authorized under section 3140 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
3088). Such arrangements may include the exchange of equipment and
services.
SEC. 3138. HANFORD HEALTH INFORMATION NETWORK.
Of the funds authorized to be appropriated or otherwise made
available to the Department of Energy by section 3102, $2,500,000 shall
be available for activities relating to the Hanford Health Information
Network established pursuant to the authority in section 3138 of the
National Defense Authorization Act for Fiscal Year 1991 (Public Law
101-510; 104 Stat. 1834), as amended by section 3138(b) of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
Stat. 3087).
SEC. 3139. NONPROLIFERATION ACTIVITIES.
(a) Initiatives for Proliferation Prevention Program.--Of the
amount authorized to be appropriated by section 3103(1)(B), $30,000,000
may be available for the Initiatives for Proliferation Prevention
program.
(b) Nuclear Cities Initiative.--Of the amount authorized to be
appropriated by section 3103(1)(B), $30,000,000 may be available for
the purpose of implementing 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 (the so-called ``nuclear cities''
initiative).
SEC. 3140. ACTIVITIES OF THE CONTRACTOR-OPERATED FACILITIES OF THE
DEPARTMENT OF ENERGY.
(a) Research and Activities on Behalf of Non-Department Persons and
Entities.--(1) The Secretary of Energy may conduct research and other
activities referred to in paragraph (2) through contractor-operated
facilities of the Department of Energy on behalf of other departments
and agencies of the Government, agencies of State and local
governments, and private persons and entities.
(2) The research and other activities that may be conducted under
paragraph (1) are those which the Secretary is authorized to conduct by
law, and include, but are not limited to, research and activities
authorized under the following:
(A) Section 33 of the Atomic Energy Act of 1954 (42 U.S.C.
2053).
(B) Section 107 of the Energy Reorganization Act of 1974
(42 U.S.C. 5817).
(C) The Federal Nonnuclear Energy Research and Development
Act of 1974 (42 U.S.C. 5901 et seq.).
(b) Charges.--(1) The Secretary shall impose on the department,
agency, or person or entity for whom research and other activities are
carried out under subsection (a) a charge for such research and
activities equal to not more than the full cost incurred by the
contractor concerned in carrying out such research and activities,
which cost shall include--
(A) the direct cost incurred by the contractor in carrying
out such research and activities; and
(B) the overhead cost including site-wide indirect costs
associated with such research and activities.
(2)(A) Subject to subparagraph (B), the Secretary shall also impose
on the department, agency, or person or entity concerned a Federal
administrative charge (which includes any depreciation and imputed
interest charges) in an amount not to exceed 3 percent of the full cost
incurred by the contractor concerned in carrying out the research and
activities concerned.
(B) The Secretary may waive the imposition of the Federal
administrative charge required by subparagraph (A) in the case of
research and other activities conducted on behalf of small business
concerns, institutions of higher education, non-profit entities, and
State and local governments.
(3) Not later than 2 years after the date of enactment of this Act,
the Secretary shall terminate any waiver of charges under section 33 of
the Atomic Energy Act of 1954 (42 U.S.C. 2053) that were made before
such date, unless the Secretary determines that such waiver should be
continued.
(c) Pilot Program of Reduced Facility Overhead Charges.--(1) The
Secretary may, with the cooperation of participating contractors of the
contractor-operated facilities of the Department, carry out a pilot
program under which the Secretary and such contractors reduce the
facility overhead charges imposed under this section for research and
other activities conducted under this section.
(2) The Secretary shall carry out the pilot program at contractor-
operated facilities selected by the Secretary in consultation with the
contractors concerned.
(3) The Secretary shall determine the facility overhead charges to
be imposed under the pilot program based on their joint review of all
items included in the overhead costs of the facility concerned in order
to determine which items are appropriately incurred as facility
overhead charges by the contractor in carrying out research and other
activities at such facility under this section.
(4) The Secretary shall commence carrying out the pilot program not
later than October 1, 1999, and shall terminate the pilot program on
September 30, 2003.
(5) Not later than January 31, 2003, the Secretary shall submit to
the congressional defense committees, the Committee on Energy and
Natural Resources of the Senate, and other appropriate committees of
the House of Representatives an interim report on the results of the
pilot program under this subsection. The report shall include any
recommendations for the extension or expansion of the pilot program,
including the establishment of multiple rates of overhead charges for
various categories of persons and entities seeking research and other
activities in contractor-operated facilities of the Department.
(d) Partnerships and Interactions.--(1) The Secretary of Energy may
encourage partnerships and interactions between each contractor-
operated facility of the Department of Energy and universities and
private businesses.
(2) The Secretary may take into account the progress of each
contractor-operated facility of the Department in developing and
expanding partnerships and interactions under paragraph (1) in
evaluating the annual performance of such contractor-operated facility.
(e) Small Business Technology Partnership Program.--(1) The
Secretary may require that each contractor operating a facility of the
Department establish a program at such facility under which the
contractor may enter into partnerships with small businesses at such
facility relating to technology.
(2) The amount of funds expended by a contractor under a program
under paragraph (1) at a particular facility may not exceed an amount
equal to 0.25 percent of the total operating budget of the facility.
(3) Amounts expended by a contractor under a program--
(A) shall be used to cover the costs (including research
and development costs and technical assistance costs) incurred
by the contractor in connection with activities under the
program; and
(B) may not be used for direct grants to small businesses.
(4) The Secretary shall submit to the congressional defense
committees, the Committee on Energy and Natural Resources of the
Senate, and the appropriate committee of the House of Representatives,
together with the budget of the President for each fiscal year that is
submitted to Congress under section 1105 of title 31, United States
Code, an assessment of the program under this subsection during the
preceding year, including the effectiveness of the program in providing
opportunities for small businesses to interact with and use the
resources of the contractor-operated facilities of the Department, the
cost of the program to the Federal Government and any impact on the
execution of the Department's mission.
SEC. 3140A. RELOCATION OF NATIONAL ATOMIC MUSEUM, ALBUQUERQUE, NEW
MEXICO.
The Secretary of Energy shall submit to the Defense Committees of
Congress a plan for the design, construction, and relocation of the
National Atomic Museum in Albuquerque, New Mexico.
Subtitle D--Other Matters
SEC. 3141. REPEAL OF FISCAL YEAR 1998 STATEMENT OF POLICY ON STOCKPILE
STEWARDSHIP PROGRAM.
Section 3156 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 2045; 42 U.S.C. 2121 note) is
repealed.
SEC. 3142. INCREASE IN MAXIMUM RATE OF PAY FOR SCIENTIFIC, ENGINEERING,
AND TECHNICAL PERSONNEL RESPONSIBLE FOR SAFETY AT DEFENSE
NUCLEAR FACILITIES.
Section 3161(a)(2) of the National Defense Authorization Act for
Fiscal Year 1995 (42 U.S.C. 7231 note) is amended by striking out
``level IV of the Executive Schedule under section 5315'' and inserting
in lieu thereof ``level III of the Executive Schedule under section
5314''.
SEC. 3143. SENSE OF SENATE REGARDING TREATMENT OF FORMERLY UTILIZED
SITES REMEDIAL ACTION PROGRAM UNDER A NONDEFENSE
DISCRETIONARY BUDGET FUNCTION.
It is the sense of the Senate that the Office of Management and
Budget should, beginning with fiscal year 2000, transfer the Formerly
Utilized Sites Remedial Action Program from the 050 budget function to
a nondefense discretionary budget function.
SEC. 3144. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN
SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.
Section 3161(c)(1) of the National Defense Authorization Act for
Fiscal Year 1995 (42 U.S.C. 7231 note) is amended by striking out
``September 30, 1999'' and inserting in lieu thereof ``September 30,
2000''.
SEC. 3145. EXTENSION OF AUTHORITY OF DEPARTMENT OF ENERGY TO PAY
VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
(a) Extension.--Notwithstanding subsection (c)(2)(D) of section 663
of the Treasury, Postal Service, and General Government Appropriations
Act, 1997 (Public Law 104-208; 110 Stat. 3009-383; 5 U.S.C. 5597 note),
the Department of Energy may pay voluntary separation incentive
payments to qualifying employees who voluntarily separate (whether by
retirement or resignation) before January 1, 2001.
(b) Exercise of Authority.--The Department shall pay voluntary
separation incentive payments under subsection (a) in accordance with
the provisions of such section 663.
SEC. 3146. INSPECTION OF PERMANENT RECORDS PRIOR TO DECLASSIFICATION.
Section 3155 of the National Defense Authorization Act for Fiscal
Year 1996 (P.L. 104-106) is amended by inserting the following:
``(c) Agencies, including the National Archives and Records
Administration, shall conduct a visual inspection of all permanent
records of historical value which are 25 years old or older prior to
declassification to ascertain that they contain no pages with
Restricted Data (RD) or Formerly Restricted Data (FRD) markings (as
defined by the Atomic Energy Act of 1954, as amended). Record
collection in which marked RD or FRD is found shall be set aside
pending the completion of a review by the Department of Energy.''.
SEC. 3147. SENSE OF SENATE REGARDING MEMORANDA OF UNDERSTANDING WITH
THE STATE OF OREGON RELATING TO HANFORD.
(a) Findings.--The Senate makes the following findings:
(1) The Department of Energy and the State of Washington
have entered into memoranda of understanding with the State of
Oregon to provide the State of Oregon greater involvement in
decisions regarding the Hanford Reservation.
(2) Hanford has an impact on the State of Oregon, and the
State of Oregon has an interest in the decisions made regarding
Hanford.
(3) The Department of Energy and the State of Washington
are to be congratulated for entering into the memoranda of
understanding with the State of Oregon regarding Hanford.
(b) Sense of Senate.--It is the sense of the Senate to--
(1) encourage the Department of Energy and the State of
Washington to implement the memoranda of understanding
regarding Hanford in ways that result in continued involvement
by the State of Oregon in decisions of concern to the State of
Oregon regarding Hanford; and
(2) encourage the Department of Energy and the State of
Washington to continue similar efforts to permit ongoing
participation by the State of Oregon in the decisions regarding
Hanford that may affect the environment or public health or
safety of the citizens of the State of Oregon.
SEC. 3148. REVIEW OF CALCULATION OF OVERHEAD COSTS OF CLEANUP AT
DEPARTMENT OF ENERGY SITES.
(a) Review.--(1) The Comptroller General shall--
(A) carry out a review of the methods currently used by the
Department of Energy for calculating overhead costs (including
direct overhead costs and indirect overhead costs) associated
with the cleanup of Department sites; and
(B) pursuant to the review, identify how such costs are
allocated among different program and budget accounts of the
Department.
(2) The review shall include the following:
(A) All activities whose costs are spread across other
accounts of a Department site or of any contractor performing
work at a site.
(B) Support service overhead costs, including activities or
services which are paid for on a per-unit-used basis.
(C) All fees, awards, and other profit on indirect and
support service overhead costs or fees that are not attributed
to performance on a single project.
(D) Any portion of contractor costs for which there is no
competitive bid.
(E) All computer service and information management costs
that have been previously reported as overhead costs.
(F) Any other costs that the Comptroller General considers
appropriate to categorize as direct or indirect overhead costs.
(b) Report.--Not later than January 31, 1999, the Comptroller
General shall submit to Congress a report setting forth the findings of
the Comptroller as a result of the review under subsection (a). The
report shall include the recommendations of the Comptroller regarding
means of standardizing the methods used by the Department for
allocating and reporting overhead costs associated with the cleanup of
Department sites.
SEC. 3149. SENSE OF THE CONGRESS ON FUNDING REQUIREMENTS FOR THE
NONPROLIFERATION SCIENCE AND TECHNOLOGY ACTIVITIES OF THE
DEPARTMENT OF ENERGY.
(a) Funding Requirements for the Nonproliferation Science and
Technology Activities Budget.--It is the sense of the Congress that for
each of the fiscal years 2000 through 2008, it should be an objective
of the Secretary of Energy to increase the budget for the
nonproliferation science and technology activities for the fiscal year
over the budget for those activities 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.
(b) Nonproliferation Science and Technology Activities Defined.--In
this section, the term ``nonproliferation science and technology
activities'' means activities (including program direction activities)
relating to preventing and countering the proliferation of weapons of
mass destruction that are funded by the Department of Energy under the
following programs and projects:
(1) The Verification and Control Technology program within
the Office of Nonproliferation and National Security.
(2) Projects under the ``Technology and Systems
Development'' element of the Nuclear Safeguards and Security
program within the Office of Nonproliferation and National
Security.
(3) Projects relating to a national capability to assess
the credibility of radiological and extortion threats, or to
combat nuclear materials trafficking or terrorism, under the
Emergency Management program within the Office of
Nonproliferation and National Security.
(4) Projects relating to the development or integration of
new technology to respond to emergencies and threats involving
the presence, or possible presence, of weapons of mass
destruction, radiological emergencies, and related terrorist
threats, under the Office of Defense Programs.
SEC. 3150. DEADLINE FOR SELECTION OF TECHNOLOGY FOR TRITIUM PRODUCTION.
(a) Deadline.--The Secretary of Energy shall select a technology
for the production of tritium not later than December 31, 1998.
(b) Options Available for Selection.--Notwithstanding any provision
of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), after the
completion of the Department of Energy's evaluation of their
Interagency Review on the production of tritium, the Secretary shall
make the selection for tritium production consistent with the laws,
regulations and procedures of the Department of Energy as stated in
subsection (a).
Subtitle E--Maximum Age for New Department of Energy Nuclear Materials
Couriers
SEC. 3161. MAXIMUM AGE TO ENTER NUCLEAR COURIER FORCE.
Section 3307 of title 5, United States Code, is amended as
follows--
(1) by striking in subsection (a) ``and (d)'' and inserting
in its place ``(d), (e), and (f)''; and
(2) by adding the following new subsection (f) after
subsection (e):
``(f) The Secretary of Energy may determine and fix the maximum age
limit for an original appointment to a position as a Department of
Energy nuclear materials courier, so defined by section 8331(27) of
this title.
SEC. 3162. DEFINITION.
Section 8331 of title 5, United States Code, is amended by adding
the following new paragraph (27) after paragraph (26):
``(27) Department of Energy nuclear materials courier means
an employee of the Department of Energy or its predecessor
agencies, the duties of whose position are primarily to
transport, and provide armed escort and protection during
transit of, nuclear weapons, nuclear weapon components,
strategic quantities of special nuclear materials or other
materials related to national security, including an employee
who remains fully certified to engage in this activity who is
transferred to a supervisory, training, or administrative
position.''.
SEC. 3163. AMENDING SECTION 8334(A)(1) OF TITLE 5, U.S.C.
(a) The first sentence of section 8334(a)(1) of title 5, United
States Code, is amended by striking ``and a firefighter'', and
inserting in its place ``a firefighter, and a Department of Energy
nuclear materials courier,''.
(b) Section 8334(c) of title 5, United States Code, is amended by
adding the following new schedule after the schedule for a Member of
the Capitol Police:
``Department of Energy nuclear 5..................... July 1, 1942 to June 30, 1948.
materials courier for courier service July 1, 1948 to October 31, 1956.
(while employed by DOE and its 6.....................
predecessor agencies).
6\1/2\................ November 1, 1956 to December 31, 1969.
7..................... January 1, 1970 to December 31, 1974.
7\1/2\................ After December 31, 1974.''.
SEC. 3164. AMENDING SECTION 8336(C)(1) OF TITLE 5, U.S.C.
Section 8336(c)(1) of title 5, United States Code, is amended by
striking ``or firefighter'' and inserting in its place, ``a
firefighter, or a Department of Energy nuclear materials courier,''.
SEC. 3165. AMENDING SECTION 8401 OF TITLE 5, U.S.C.
Section 8401 of title 5, United States Code, is amended by adding
the following new paragraph (33) after paragraph (32):
``(33) Department of Energy nuclear materials courier means
an employee of the Department of Energy or its predecessor
agencies, the duties of whose position are primarily to
transport, and provide armed escort and protection during
transit of, nuclear weapons, nuclear weapons components,
strategic quantities of special nuclear materials, or other
materials related to national security, including an employee
who remains fully certified to engage in this activity who is
transferred to a supervisory, training, or administrative
position.''.
SEC. 3166. AMENDING SECTION 8412(D) OF TITLE 5, U.S.C.
Section 8412(d) of title 5, United States Code, is amended by
striking ``or firefighter'' in paragraphs (1) and (2) and inserting in
its place, ``a firefighter, or a Department of Energy nuclear materials
courier,''.
SEC. 3167. AMENDING SECTION 8415(G) OF TITLE 5, U.S.C.
Section 8415(g) of title 5, United States Code, is amended by
striking ``firefighter'' and inserting in its place ``firefighter,
Department of Energy nuclear materials courier,''.
SEC. 3168. AMENDING SECTION 8422(A)(3) OF TITLE 5, U.S.C.
Section 8422(a)(3) of title 5, United States Code, is amended by
striking ``firefighter'' in the schedule and inserting in its place
``firefighter, Department of Energy nuclear materials courier,''.
SEC. 3169. AMENDING SECTIONS 8423(A) (1)(B)(I) AND (3)(A) OF TITLE 5,
U.S.C.
Sections 8423(a)(1)(B)(i) and 8423(a)(3)(A) of title 5, United
States Code, are amended by striking ``Firefighters'' and inserting in
its place ``firefighters, Department of Energy nuclear materials
couriers,''.
SEC. 3170. AMENDING SECTION 8335(B) OF TITLE 5, U.S.C.
Section 8335(b) of title 5, United States Code, is amended by
adding the words ``or Department of Energy Nuclear Materials Couriers''
after the word ``officer'' in the second sentence.
SEC. 3171. PAYMENTS.
Any payments made by the Department of Energy to the Civil Service
Retirement or Disability Fund pursuant to this Act shall be made from
the Weapons Activities account.
SEC. 3172. EFFECTIVE DATE.
These amendments are effective at the beginning of the first pay
period in fiscal year 2000, and applies only to those employees who
retire after fiscal year 1999.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 1999,
$17,500,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
SEC. 3301. DEFINITIONS.
In this title:
(1) The term ``National Defense Stockpile'' means the
stockpile provided for in section 4 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98c).
(2) The term ``National Defense Stockpile Transaction
Fund'' means the fund in the Treasury of the United States
established under section 9(a) of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h(a)).
SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year 1999, the
National Defense Stockpile Manager may obligate up to $83,000,000 of
the funds in the National Defense Stockpile Transaction Fund for the
authorized uses of such funds under section 9(b)(2) of the Strategic
and Critical Materials Stock Piling Act (50 U.S.C. 98h(b)(2)),
including the disposal of hazardous materials that are environmentally
sensitive.
(b) Additional Obligations.--The National Defense Stockpile Manager
may obligate amounts in excess of the amount specified in subsection
(a) if the National Defense Stockpile Manager notifies Congress that
extraordinary or emergency conditions necessitate the additional
obligations. The National Defense Stockpile Manager may make the
additional obligations described in the notification after the end of
the 45-day period beginning on the date Congress receives the
notification.
(c) Limitations.--The authorities provided by this section shall be
subject to such limitations as may be provided in appropriations Acts.
SEC. 3303. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS IN NATIONAL
DEFENSE STOCKPILE.
(a) Disposal Required.--Subject to subsection (c), the President
shall dispose of materials contained in the National Defense Stockpile
and specified in the table in subsection (b) so as to result in
receipts to the United States in the amount of $103,000,000 by the end
of fiscal year 1999 and $377,000,000 by the end of fiscal year 2003.
(b) Limitation on Disposal Quantity.--The total quantities of
materials authorized for disposal by the President under subsection (a)
may not exceed the amounts set forth in the following table:
Authorized Stockpile Disposals
------------------------------------------------------------------------
Material for disposal Quantity
------------------------------------------------------------------------
Beryllium Metal, vacuum cast.............. 227 short tons
Chromium Metal--EL........................ 8,511 short tons
Columbium Carbide Powder.................. 21,372 pounds contained
Columbium Ferro........................... 249,395 pounds contained
Columbium Concentrates.................... 1,733,454 pounds contained
Chromium Ferroalloy....................... 92,000 short tons
Diamond, Stones........................... 3,000,000 carats
Germanium Metal........................... 28,198 kilograms
Indium.................................... 14,248 troy ounces
Palladium................................. 1,227,831 troy ounces
Platinum.................................. 439,887 troy ounces
Tantalum Carbide Powder................... 22,681 pounds contained
Tantalum Metal Powder..................... 50,000 pounds contained
Tantalum Minerals......................... 1,751,364 pounds contained
Tantalum Oxide............................ 122,730 pounds contained
Tungsten Ferro............................ 2,024,143 pounds
Tungsten Carbide Powder................... 2,032,954 pounds
Tungsten Metal Powder..................... 1,898,009 pounds
Tungsten Ores & Concentrates.............. 76,358,230 pounds.
------------------------------------------------------------------------
(c) Minimization of Disruption and Loss.--The President may not
dispose of materials 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) 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.
(e) Authorization of Sale.--The authority provided by this section
to dispose of materials contained in the National Defense Stockpile so
as to result in receipts of $100,000,000 of the amount specified for
fiscal year 1999 in subsection (a) by the end of that fiscal year shall
be effective only to the extent provided in advance in appropriation
Acts.
SEC. 3304. USE OF STOCKPILE FUNDS FOR CERTAIN ENVIRONMENTAL
REMEDIATION, RESTORATION, WASTE MANAGEMENT, AND
COMPLIANCE ACTIVITIES.
Section 9(b)(2) of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h(b)(2)) is amended--
(1) by redesignating subparagraphs (J) and (K) as
subparagraphs (K) and (L), respectively; and
(2) by inserting after subparagraph (I) the following new
subparagraph (J):
``(J) Performance of environmental remediation,
restoration, waste management, or compliance activities at
locations of the stockpile that are required under a Federal
law or are undertaken by the Government under an administrative
decision or negotiated agreement.''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There is hereby authorized to be appropriated to the
Secretary of Energy $117,000,000 for fiscal year 1999 for the purposes
of carrying out--
(1) activities under chapter 641 of title 10, United States
Code, relating to the naval petroleum reserves (as defined in
section 7420(2) of such title); and
(2) activities necessary to terminate the administration of
Naval Petroleum Reserve Numbered 1 by the Secretary after the
sale of that reserve under subtitle B of title XXXIV of the
National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104-106; 10 U.S.C. 7420 note).
(b) Availability.--Funds appropriated pursuant to the authorization
in subsection (a) shall remain available until expended.
TITLE XXXV--PANAMA CANAL COMMISSION
SEC. 3501. SHORT TITLE; REFERENCES TO PANAMA CANAL ACT OF 1979.
(a) Short Title.--This title may be cited as the ``Panama Canal
Commission Authorization Act for Fiscal Year 1999''.
(b) References to Panama Canal Act of 1979.--Except as otherwise
expressly provided, whenever in this title an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Panama Canal Act of 1979 (22 U.S.C. 3601 et
seq.).
SEC. 3502. AUTHORIZATION OF EXPENDITURES.
(a) In General.--Subject to subsection (b), the Panama Canal
Commission is authorized to use amounts in the Panama Canal Revolving
Fund to make such expenditures within the limits of funds and borrowing
authority available to it in accordance with law, and to make such
contracts and commitments, as may be necessary under the Panama Canal
Act of 1979 (22 U.S.C. 3601 et seq.) for the operation, maintenance,
improvement, and administration of the Panama Canal for fiscal year
1999.
(b) Limitations.--For fiscal year 1999, the Panama Canal Commission
may expend from funds in the Panama Canal Revolving Fund not more than
$90,000 for official reception and representation expenses, of which--
(1) not more than $28,000 may be used for official
reception and representation expenses of the Supervisory Board
of the Commission;
(2) not more than $14,000 may be used for official
reception and representation expenses of the Secretary of the
Commission; and
(3) not more than $48,000 may be used for official
reception and representation expenses of the Administrator of
the Commission.
SEC. 3503. PURCHASE OF VEHICLES.
Notwithstanding any other provision of law, the funds available to
the Commission shall be available for the purchase and transportation
to the Republic of Panama of passenger motor vehicles, the purchase
price of which shall not exceed $23,000 per vehicle.
SEC. 3504. 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.
SEC. 3505. DONATIONS TO THE COMMISSION.
Section 1102b (22 U.S.C. 3612b) is amended by adding at the end the
following new subsection:
``(f)(1) The Commission may seek and accept donations of funds,
property, and services from individuals, foundations, corporations, and
other private and public entities for the purpose of carrying out its
promotional activities.
``(2) The Commission shall establish written guidelines setting
forth the criteria to be used in determining whether the acceptance of
funds, property, or services authorized by paragraph (1) would reflect
unfavorably upon the ability of the Commission (or any employee of the
Commission) to carry out its responsibilities or official duties in a
fair and objective manner or would compromise the integrity or the
appearance of the integrity of its programs or of any official in those
programs.''.
SEC. 3506. AGREEMENTS FOR UNITED STATES TO PROVIDE POST-TRANSFER
ADMINISTRATIVE SERVICES FOR CERTAIN EMPLOYEE BENEFITS.
Section 1110 (22 U.S.C. 3620) is amended by adding at the end the
following new subsection:
``(c)(1) The Secretary of State may enter into one or more
agreements to provide for the United States to furnish administrative
services relating to the benefits described in paragraph (2) after
December 31, 1999, and to establish appropriate procedures for
providing advance funding for the services.
``(2) The benefits referred to in paragraph (1) are the following:
``(A) Pension, disability, and medical benefits provided by
the Panama Canal Commission pursuant to section 1245.
``(B) Compensation for work injuries covered by chapter 81
of title 5, United States Code.''.
SEC. 3507. SUNSET OF UNITED STATES OVERSEAS BENEFITS JUST BEFORE
TRANSFER.
(a) Repeals.--Effective 11:59 p.m. (Eastern Standard Time),
December 30, 1999, the following provisions are repealed and any right
or condition of employment provided for in, or arising from, those
provisions is terminated: sections 1206 (22 U.S.C. 3646), 1207 (22
U.S.C. 3647), 1217(a), (22 U.S.C. 3657(a)), and 1224(11) (22 U.S.C.
3664(11)), subparagraphs (A), (B), (F), (G), and (H) of section
1231(a)(2) (22 U.S.C. 3671(a)(2)) and section 1321(e) (22 U.S.C.
3731(e)).
(b) Savings Provision for Basic Pay.--Notwithstanding subsection
(a), benefits based on basic pay, as listed in paragraphs (1), (2),
(3), (5), and (6) of section 1218 of the Panama Canal Act of 1979,
shall be paid as if sections 1217(a) and 1231(a)(2) (A) and (B) of that
Act had been repealed effective 12:00 p.m., December 31, 1999. The
exception under the preceding sentence shall not apply to any pay for
hours of work performed on December 31, 1999.
(c) Nonapplicability to Agencies in Panama Other Than Panama Canal
Commission.--Section 1212(b)(3) (22 U.S.C. 3652(b)(3)) is amended by
striking out ``the Panama Canal Transition Facilitation Act of 1997''
and inserting in lieu thereof ``the Panama Canal Transition
Facilitation Act of 1997 (subtitle B of title XXXV of Public Law 105-
85; 110 Stat. 2062), or the Panama Canal Commission Authorization Act
for Fiscal Year 1999''.
SEC. 3508. CENTRAL EXAMINING OFFICE.
Section 1223 (22 U.S.C. 3663) is repealed.
SEC. 3509. LIABILITY FOR VESSEL ACCIDENTS.
(a) Commission Liability Subject to Claimant Insurance.--(1)
Section 1411(a) (22 U.S.C. 3771(a)) is amended by inserting ``to
section 1419(b) of this Act and'' after ``Subject'' in the first
sentence.
(2) Section 1412 (22 U.S.C. 3772) is amended by striking out ``The
Commission'' in the first sentence and inserting in lieu thereof
``Subject to section 1419(b) of this Act, the Commission''.
(3) Section 1416 (22 U.S.C. 3776) is amended by striking out ``A
claimant'' in the first sentence and inserting in lieu thereof
``Subject to section 1419(b) of this Act, a claimant''.
(b) Limitation on Liability.--Section 1419 (22 U.S.C. 3779) is
amended by designating the text as subsection (a) and by adding at the
end the following:
``(b) The Commission may not consider or pay any claim under
section 1411 or 1412 of this Act, nor may an action for damages lie
thereon, unless the claimant is covered by one or more valid policies
of insurance totalling at least $1,000,000 against the injuries
specified in those sections. The Commission's liability on any such
claim shall be limited to damages in excess of all amounts recovered or
recoverable by the claimant from its insurers. The Commission may not
consider or pay any claim by an insurer or subrogee of a claimant under
section 1411 or 1412 of this Act.''.
SEC. 3510. PLACEMENT OF UNITED STATES CITIZENS IN POSITIONS WITH THE
UNITED STATES GOVERNMENT.
Section 1232 (22 U.S.C. 3672) is amended--
(1) by striking out subsection (d);
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c)(1) Upon the request of an employee or former employee of the
Panama Canal Commission described in paragraph (2), the employee shall
be afforded eligibility for appointment on a noncompetitive basis to
vacant positions in the competitive service of the civil service
within--
``(A) an area determined by the Director of the Office of
Personnel Management as being within a reasonable commuting
distance of the employee's residence; or
``(B) in the case of an employee in the Republic of Panama
who chooses to so designate, any Standard Federal Region
designated by the employee.
``(2) Paragraph (1) applies to a person who--
``(A) is a citizen of the United States;
``(B) was an employee of the Panama Canal Commission on or
after July 1, 1998; and
``(C) is in receipt of a notice of separation by reason of
a reduction in force.
``(3) A person's eligibility for a noncompetitive appointment under
paragraph (1) expires one year after the date of the separation of that
person from employment by the Panama Canal Commission.
``(4) For the purposes of paragraph (2)(B), an employee of the
dissolution office established to manage Panama Canal Commission
Dissolution Fund established by section 1305 is an employee of the
Panama Canal Commission.
``(5) In this subsection, the terms `civil service' and
`competitive service' have the meanings given such terms in sections
2101(1) and 2102, respectively, of title 5, United States Code.''.
SEC. 3511. PANAMA CANAL BOARD OF CONTRACT APPEALS.
(a) Establishment and Pay of Board.--Section 3102(a) (22 U.S.C.
3862(a)) is amended--
(1) in paragraph (1), by striking out ``shall'' in the
first sentence and inserting in lieu thereof ``may''; and
(2) by adding at the end the following new paragraph:
``(3) Compensation for members of the Board of Contract Appeals
shall be established by the Commission's supervisory board. The annual
compensation established for members may not exceed the rate of basic
pay established for level IV of the Executive Schedule under section
5315 of title 5, United States Code. The compensation of a member may
not be reduced during the member's term of office from the level
established at the time of the appointment of the member.''.
(b) Deadline for Commencement of Board.--Section 3102(e) (22 U.S.C.
3862(e)) is amended by striking out ``, but not later than January 1,
1999''.
SEC. 3512. TECHNICAL AMENDMENTS.
(a) Panama Canal Act of 1979.--The Panama Canal Act of 1979 is
amended as follows:
(1) Section 1202(c) (22 U.S.C. 3642(c)) is amended--
(A) by striking out ``the day before the date of
the enactment of the Panama Canal Transition
Facilitation Act of 1997'' and inserting in lieu
thereof ``November 17, 1997,'';
(B) by striking out ``on or after that date''; and
(C) by striking out ``the day before the date of
enactment'' and inserting in lieu thereof ``that
date''.
(2) Section 1212(b)(3) (22 U.S.C. 3652(b)(3)) is amended by
inserting ``the'' after ``by the head of''.
(3) Section 1313 (22 U.S.C. 3723) is amended by striking
out ``subsection (d)'' in each of subsections (a), (b), and (d)
and inserting in lieu thereof ``subsection (c)''.
(4) Sections 1411(a) and 1412 (22 U.S.C. 3771(a), 3772) are
amended by striking out ``the date of the enactment of the
Panama Canal Transition Facilitation Act of 1997'' and
inserting in lieu thereof ``by November 18, 1998''.
(5) Section 1416 (22 U.S.C. 3776) is amended by striking
out ``the date of the enactment of the Panama Canal Transition
Facilitation Act of 1997'' and inserting in lieu thereof ``by
May 17, 1998''.
(b) Public Law 104-201.--Effective as of September 23, 1996, and as
if included therein as enacted, section 3548(b)(3) of the Panama Canal
Act Amendments of 1996 (subtitle B of title XXXV of Public Law 104-201;
110 Stat. 2869) is amended by striking out ``section'' in both items of
quoted matter and inserting in lieu thereof ``sections''.
SEC. 3513. OFFICER OF THE DEPARTMENT OF DEFENSE DESIGNATED AS A MEMBER
OF THE PANAMA CANAL COMMISSION SUPERVISORY BOARD.
(a) Authority.--Section 1102(a) (22 U.S.C. 3612(a)) is amended--
(1) by striking out the first sentence and inserting in
lieu thereof the following: ``The Commission shall be
supervised by a Board composed of nine members. An officer of
the Department of Defense designated by the Secretary of
Defense shall be one of the members of the Board.''; and
(2) in the last sentence, by striking out ``Secretary of
Defense or a designee of the Secretary of Defense'' and
inserting in lieu thereof ``the officer of the Department of
Defense designated by the Secretary of Defense to be a member
of the Board''.
(b) Repeal of Superseded Provision.--Section 302 of Public Law 105-
18 (111 Stat. 168) is repealed.
TITLE XXXVI--COMMERCIAL ACTIVITIES OF PEOPLE'S LIBERATION ARMY
SEC. 3601. APPLICATION OF AUTHORITIES UNDER THE INTERNATIONAL EMERGENCY
ECONOMIC POWERS ACT TO CHINESE MILITARY COMPANIES.
(a) Determination of Communist Chinese Military Companies.--
(1) In general.--Subject to paragraphs (2) and (3), not
later than 90 days after the date of the enactment of this Act,
the Secretary of Defense, in consultation with the Attorney
General, the Director of Central Intelligence, and the Director
of the Federal Bureau of Investigation, shall compile a list of
persons who are Communist Chinese military companies and who
are operating directly or indirectly in the United States or
any of its territories and possessions, and shall publish the
list of such persons in the Federal Register. On an ongoing
basis, the Secretary of Defense, in consultation with the
Attorney General, the Director of Central Intelligence, and the
Director of the Federal Bureau of Investigation, shall make
additions or deletions to the list based on the latest
information available.
(2) Communist chinese military company.--For purposes of
making the determination required by paragraph (1), the term
``Communist Chinese military company''--
(A) means a person that is--
(i) engaged in providing commercial
services, manufacturing, producing, or
exporting, and
(ii) owned or controlled by the People's
Liberation Army, and
(B) includes, but is not limited to, any person
identified in the United States Defense Intelligence
Agency publication numbered VP-1920-271-90, dated
September 1990, or PC-1921-57-95, dated October 1995,
and any update of such reports for the purposes of this
title.
(b) Presidential Authority.--
(1) Authority.--The President may exercise the authorities
set forth in section 203(a) of the International Emergency
Economic Powers Act (50 U.S.C. 1702(a)) with respect to any
commercial activity in the United States by a Communist Chinese
military company (except with respect to authorities relating
to importation), without regard to section 202 of that Act.
(2) Penalties.--The penalties set forth in section 206 of
the International Emergency Economic Powers Act (50 U.S.C.
1705) shall apply to violations of any license, order, or
regulation issued under paragraph (1).
SEC. 3602. DEFINITION.
For purposes of this title, the term ``People's Liberation Army''
means the land, naval, and air military services, the police, and the
intelligence services of the Communist Government of the People's
Republic of China, and any member of any such service or of such
police.
TITLE XXXVII--FORCED OR INDENTURED LABOR
SEC. 3701. FINDINGS.
Congress makes the following findings:
(1) The United States Customs Service has identified goods,
wares, articles, and merchandise mined, produced, or
manufactured under conditions of convict labor, forced labor,
or indentured labor, in several countries.
(2) The United States Customs Service has made limited
attempts to prohibit the import of products made with forced
labor, resulting in only a few seizures, detention orders,
fines, and criminal prosecutions.
(3) The United States Customs Service has taken 21 formal
administrative actions in the form of detention orders against
different products destined for the United States market, found
to have been made with forced labor, including products from
the People's Republic of China.
(4) However, the United States Customs Service has never
formally investigated or pursued enforcement with respect to
attempts to import products made with forced or indentured
child labor.
(5) The United States Customs Service can use additional
resources and tools to obtain the timely and in-depth
verification necessary to identify and interdict products made
with forced labor or indentured labor, including forced or
indentured child labor, that are destined for the United States
market.
(6) The International Labor Organization estimates that
approximately 250,000,000 children between the ages of 5 and 14
are working in developing countries, including millions of
children in bondage or otherwise forced to work for little or
no pay.
(7) Congress has clearly indicated in Public Law 105-61,
Treasury-Postal Service Appropriations, 1998, that forced or
indentured child labor constitutes forced labor under section
307 of the Tariff Act of 1930 (19 U.S.C. 1307).
SEC. 3702. AUTHORIZATION FOR ADDITIONAL CUSTOMS PERSONNEL TO MONITOR
THE IMPORTATION OF PRODUCTS MADE WITH FORCED OR
INDENTURED LABOR.
There are authorized to be appropriated $2,000,000 for fiscal year
1999 to the United States Customs Service to monitor the importation of
products made with forced labor or indentured labor, including forced
or indentured child labor, the importation of which violates section
307 of the Tariff Act of 1930 or section 1761 of title 18, United
States Code.
SEC. 3703. REPORTING REQUIREMENT ON FORCED LABOR OR INDENTURED LABOR
PRODUCTS DESTINED FOR THE UNITED STATES MARKET.
(a) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Commissioner of Customs shall prepare and
transmit to Congress a report on products made with forced labor or
indentured labor, including forced or indentured child labor that are
destined for the United States market.
(b) Contents of Report.--The report under subsection (a) shall
include information concerning the following:
(1) The extent of the use of forced labor or indentured
labor, including forced or indentured child labor in
manufacturing or mining products destined for the United States
market.
(2) The volume of products made or mined with forced labor
or indentured labor, including forced or indentured child labor
that is--
(A) destined for the United States market,
(B) in violation of section 307 of the Tariff Act
of 1930 or section 1761 of title 18, United States
Code, and
(C) seized by the United States Customs Service.
(3) The progress of the United States Customs Service in
identifying and interdicting products made with forced labor or
indentured labor, including forced or indentured child labor
that are destined for the United States market.
SEC. 3704. RENEGOTIATING MEMORANDA OF UNDERSTANDING ON FORCED LABOR.
It is the sense of Congress that the President should determine
whether any country with which the United States has a memorandum of
understanding with respect to reciprocal trade that involves goods made
with forced labor or indentured labor, including forced or indentured
child labor is frustrating implementation of the memorandum. If an
affirmative determination be made, the President should immediately
commence negotiations to replace the current memorandum of
understanding with one providing for effective procedures for the
monitoring of forced labor or indentured labor, including forced or
indentured child labor. The memorandum of understanding should include
improved procedures for requesting investigations of suspected work
sites by international monitors.
TITLE XXXVIII--FAIR TRADE IN AUTOMOTIVE PARTS
SEC. 3801. SHORT TITLE.
This title may be cited as the ``Fair Trade in Automotive Parts Act
of 1998''.
SEC. 3802. DEFINITIONS.
In this title:
(1) Japanese markets.--The term ``Japanese markets'' refers
to markets, including markets in the United States and Japan,
where automotive parts and accessories, both original equipment
and aftermarket, are purchased for use in the manufacture or
repair of Japanese automobiles.
(2) Japanese and other asian markets.--The term ``Japanese
and other Asian markets'' refers to markets, including markets
in the United States, Japan, and other Asian countries, where
automotive parts and accessories, both original equipment and
aftermarket, are purchased for use in the manufacture or repair
of Japanese, American, or other Asian automobiles.
SEC. 3803. RE-ESTABLISHMENT OF INITIATIVE ON AUTOMOTIVE PARTS SALES TO
JAPAN.
(a) In General.--The Secretary of Commerce shall re-establish the
initiative to increase the sale of United States made automotive parts
and accessories to Japanese markets.
(b) Functions.--In carrying out this section, the Secretary shall--
(1) foster increased access for United States made
automotive parts and accessories to Japanese companies,
including specific consultations on access to Japanese markets;
(2) facilitate the exchange of information between United
States automotive parts manufacturers and the Japanese
automobile industry;
(3) collect data and market information on the Japanese
automotive industry regarding needs, trends, and procurement
practices, including the types, volume, and frequency of parts
sales to Japanese automobile manufacturers;
(4) establish contacts with Japanese automobile
manufacturers in order to facilitate contact between United
States automotive parts manufacturers and Japanese automobile
manufacturers;
(5) report on and attempt to resolve disputes, policies or
practices, whether public or private, that result in barriers
to increased commerce between United States automotive parts
manufacturers and Japanese automobile manufacturers;
(6) take actions to initiate periodic consultations with
officials of the Government of Japan regarding sales of United
States-made automotive parts in Japanese markets; and
(7) transmit to Congress the annual report prepared by the
Special Advisory Committee under section 3804(c)(5).
SEC. 3804. ESTABLISHMENT OF SPECIAL ADVISORY COMMITTEE ON AUTOMOTIVE
PARTS SALES IN JAPANESE AND OTHER ASIAN MARKETS.
(a) In General.--The Secretary of Commerce shall seek the advice of
the United States automotive parts industry in carrying out this title.
(b) Establishment of Committee.--The Secretary of Commerce shall
establish a Special Advisory Committee for purposes of carrying out
this title.
(c) Functions.--The Special Advisory Committee established under
subsection (b) shall--
(1) report to the Secretary of Commerce on barriers to
sales of United States-made automotive parts and accessories in
Japanese and other Asian markets;
(2) review and consider data collected on sales of United
States-made automotive parts and accessories in Japanese and
other Asian markets;
(3) advise the Secretary of Commerce during consultations
with other governments on issues concerning sales of United
States-made automotive parts in Japanese and other Asian
markets;
(4) assist in establishing priorities for the initiative
established under section 3803, and otherwise provide
assistance and direction to the Secretary of Commerce in
carrying out the intent of that section; and
(5) assist the Secretary in reporting to Congress by
submitting an annual written report to the Secretary on the
sale of United States-made automotive parts in Japanese and
other Asian markets, as well as any other issues with respect
to which the Committee provides advice pursuant to this title.
(d) Authority.--The Secretary of Commerce shall draw on existing
budget authority in carrying out this title.
SEC. 3805. EXPIRATION DATE.
The authority under this title shall expire on December 31, 2003.
TITLE XXXIX --RADIO FREE ASIA
SEC. 3901. SHORT TITLE.
This title may be cited as the ``Radio Free Asia Act of 1998''.
SEC. 3902. FINDINGS.
The Congress makes the following findings:
(1) The Government of the People's Republic of China
systematically controls the flow of information to the Chinese
people.
(2) The Government of the People's Republic of China
demonstrated that maintaining its monopoly on political power
is a higher priority than economic development by announcing in
January 1996 that its official news agency, Xinhua, will
supervise wire services selling economic information, including
Dow Jones-Telerate, Bloomberg, and Reuters Business, and in
announcing in February 1996 the ``Interim Internet Management
Rules'', which have the effect of censoring computer networks.
(3) Under the May 30, 1997, order of Premier Li Peng, all
organizations that engage in business activities related to
international computer networking must now apply for a license,
increasing still further government control over access to the
Internet.
(4) Both Radio Free Asia and the Voice of America, as a
surrogate for a free press in the People's Republic of China,
provide an invaluable source of uncensored information to the
Chinese people, including objective and authoritative news of
in-country and regional events, as well as accurate news about
the United States and its policies.
(5) Enhanced broadcasting service to China and Tibet can
efficiently be established through a combination of Radio Free
Asia and Voice of America programming.
(6) Radio Free Asia and Voice of America, in working toward
continuously broadcasting to the People's Republic of China in
multiple languages, have the capability to establish 24-hour-a-
day Mandarin broadcasting to that nation by staggering the
hours of Radio Free Asia and Voice of America.
(7) Simultaneous broadcastings on Voice of America radio
and Worldnet television 7 days a week in Mandarin are also
important and needed capabilities.
SEC. 3903. AUTHORIZATION OF APPROPRIATIONS FOR INCREASED FUNDING FOR
RADIO FREE ASIA AND VOICE OF AMERICA BROADCASTING TO
CHINA.
(a) Authorization of Appropriations for Radio Free Asia.--
(1) Authorization of appropriations.--There are authorized
to be appropriated for ``Radio Free Asia'' $30,000,000 for
fiscal year 1998 and $22,000,000 for fiscal year 1999.
(2) Limitations.--Of the funds under paragraph (1)
authorized to be appropriated for fiscal year 1998, $8,000,000
is authorized to be appropriated for one-time capital costs.
(3) Sense of congress.--It is the sense of Congress that of
the funds under paragraph (1), a significant amount shall be
directed towards broadcasting to China and Tibet in the
appropriate languages and dialects.
(b) Authorization of Appropriations for International Broadcasting
to China.--In addition to such sums as are otherwise authorized to be
appropriated for ``International Broadcasting Activities'' for fiscal
years 1998 and 1999, there are authorized to be appropriated for
``International Broadcasting Activities'' $5,000,000 for fiscal year
1998 and $3,000,000 for fiscal year 1999, which shall be available only
for enhanced Voice of America broadcasting to China. Of the funds
authorized under this subsection $100,000 is authorized to be
appropriated for each of the fiscal years 1998 and 1999 for additional
personnel to staff Hmong language broadcasting.
(c) Authorization of Appropriations for Radio Construction.--In
addition to such sums as are otherwise authorized to be appropriated
for ``Radio Construction'' for fiscal years 1998 and 1999, there are
authorized to be appropriated for ``Radio Construction'' $10,000,000
for fiscal year 1998 and $2,000,000 for fiscal year 1999, which shall
be available only for construction in support of enhanced broadcasting
to China, including the timely augmentation of transmitters at Tinian,
the Commonwealth of the Northern Mariana Islands.
SEC. 3904. REPORTING REQUIREMENT.
(a) Report.--Not later than 90 days after the date of enactment of
this Act, the Broadcasting Board of Governors shall prepare and submit
to the appropriate congressional committees an assessment of the
board's efforts to increase broadcasting by Radio Free Asia and Voice
of America to China and Tibet. This report shall include an analysis of
Chinese government control of the media, the ability of independent
journalists and news organizations to operate in China, and the results
of any research conducted to quantify listenership.
(b) Purposes.--For purposes of this section, appropriate
congressional committees are defined as the Senate Committees on
Foreign Relations and Appropriations and the House Committees on
International Relations and Appropriations.
Attest:
Secretary.
105th CONGRESS
2d Session
H. R. 3616
_______________________________________________________________________
AMENDMENT