[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3616 Reported in House (RH)]
Union Calendar No. 301
105th CONGRESS
2d Session
H. R. 3616
[Report No. 105-532]
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 1999 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 1999, and for other purposes.
_______________________________________________________________________
May 12, 1998
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
Union Calendar No. 301
105th CONGRESS
2d Session
H. R. 3616
[Report No. 105-532]
To authorize appropriations for fiscal year 1999 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 1999, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 1, 1998
Mr. Spence (for himself and Mr. Skelton) (both by request) introduced
the following bill; which was referred to the Committee on National
Security
May 12, 1998
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on April
1, 1998]
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 1999 for military
activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 1999, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 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. M1A2 System Enhancement Program Step 1 Program.
Subtitle C--Navy Programs
Sec. 121. Multiyear procurement authority for the Department of the
Navy.
Subtitle D--Other Matters
Sec. 141. Funding, transfer, and management of the Assembled Chemical
Weapons Assessment 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. Management responsibility for Navy mine countermeasures
programs.
Sec. 212. Future aircraft carrier transition technologies.
Sec. 213. Manufacturing technology program.
Subtitle C--Ballistic Missile Defense
Sec. 231. National Missile Defense policy.
Sec. 232. Limitation on funding for the Medium Extended Air Defense
System.
Sec. 233. Limitation on funding for cooperative ballistic missile
defense programs.
Sec. 234. Limitation on funding for counterproliferation support.
Sec. 235. Ballistic Missile Defense program elements.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.
Sec. 305. Refurbishment of M1-A1 tanks.
Sec. 306. Operation of prepositioned fleet, National Training Center,
Fort Irwin, California.
Sec. 307. Relocation of USS WISCONSIN.
Sec. 308. Fisher House Trust Funds.
Subtitle B--Information Technology Issues
Sec. 311. Additional information technology responsibilities of Chief
Information Officers.
Sec. 312. Defense-wide electronic mall system for supply purchases.
Sec. 313. Protection of funding provided for certain information
technology and national security programs.
Sec. 314. Priority funding to ensure year 2000 compliance of mission
critical information technology and
national security systems.
Sec. 315. Evaluation of year 2000 compliance as part of training
exercises programs.
Subtitle C--Environmental Provisions
Sec. 321. Authorization to pay negotiated settlement for environmental
cleanup at former Department of Defense
sites in Canada.
Sec. 322. Removal of underground storage tanks.
Subtitle D--Defense Infrastructure Support Improvement
Sec. 331. Reporting and study requirements before change of commercial
and industrial type functions to contractor
performance.
Sec. 332. Clarification of requirement to maintain Government-owned and
Government-operated core logistics
capability.
Sec. 333. Oversight of development and implementation of automated
identification technology.
Sec. 334. Conditions on expansion of functions performed under prime
vendor contracts.
Sec. 335. Clarification of definition of depot-level maintenance and
repair.
Sec. 336. Clarification of commercial item exception to requirements
regarding core logistics capabilities.
Sec. 337. Development of plan for establishment of core logistics
capabilities for maintenance and repair of
C-17 aircraft.
Sec. 338. Contractor-operated civil engineering supply stores program.
Sec. 339. Report on savings and effect of personnel reductions in Army
Materiel Command.
Subtitle E--Commissaries and Nonappropriated Fund Instrumentalities
Sec. 341. Continuation of management and funding of Defense Commissary
Agency through the Office of the Secretary
of Defense.
Sec. 342. Expansion of current eligibility of Reserves for commissary
benefits.
Sec. 343. Repeal of requirement for Air Force to sell tobacco products
to enlisted personnel.
Sec. 344. Restrictions on patron access to, and purchases in, overseas
commissaries and exchange stores.
Sec. 345. Extension of demonstration project for uniform funding of
morale, welfare, and recreation activities.
Sec. 346. Prohibition on consolidation or other organizational changes
of Department of Defense retail systems.
Sec. 347. Authorized use of appropriated funds for relocation of Navy
Exchange Service Command.
Sec. 348. Evaluation of merit of selling malt beverages and wine in
commissary stores as exchange system
merchandise.
Subtitle F--Other Matters
Sec. 361. Eligibility requirements for attendance at Department of
Defense domestic dependent elementary and
secondary schools.
Sec. 362. Specific emphasis of program to investigate fraud, waste, and
abuse within Department of Defense.
Sec. 363. Revision of inspection requirements relating to Armed Forces
Retirement Home.
Sec. 364. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces
and Department of Defense civilian
employees.
Sec. 365. Strategic plan for expansion of distance learning
initiatives.
Sec. 366. Public availability of operating agreements between military
installations and financial institutions.
Sec. 367. Department of Defense readiness reporting system.
Sec. 368. Travel by Reservists on carriers under contract with General
Services Administration.
Subtitle G--Demonstration of Commercial-Type Practices To Improve
Quality of Personal Property Shipments
Sec. 381. Demonstration program required.
Sec. 382. Goals of demonstration program.
Sec. 383. Program participants.
Sec. 384. Test plan.
Sec. 385. Other methods of personal property shipping.
Sec. 386. Duration of demonstration program.
Sec. 387. Evaluation of demonstration program.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength levels.
Sec. 403. Date for submission of annual manpower requirements report.
Sec. 404. Extension of authority for Chairman of the Joint Chiefs of
Staff to designate up to 12 general and
flag officer positions to be excluded from
general and flag officer grade limitations.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Increase in number of members in certain grades authorized to
serve on active duty in support of the
Reserves.
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. Codification of eligibility of retired officers and former
officers for consideration by special
selection boards.
Sec. 502. Communication to promotion boards by officers under
consideration.
Sec. 503. Procedures for separation of regular officers for substandard
performance of duty or certain other
reasons.
Sec. 504. Posthumous commissions and warrants.
Sec. 505. Tenure of Chief of the Air Force Nurse Corps.
Subtitle B--Reserve Component Matters
Sec. 511. Composition of selective early retirement boards of Reserve
general and flag officers of the Navy and
Marine Corps.
Sec. 512. Active status service requirement for promotion consideration
for Army and Air Force Reserve component
brigadier generals.
Sec. 513. Revision to educational requirement for promotion of Reserve
officers.
Subtitle C--Military Education and Training
Sec. 521. Requirements relating to recruit basic training.
Sec. 522. After-hours privacy for recruits during basic training.
Sec. 523. Extension of reporting dates for Commission on Military
Training and Gender Related Issues.
Sec. 524. Improved oversight of innovative readiness training.
Subtitle D--Decorations, Awards, and Commendations
Sec. 531. Study of new decorations for injury or death in line of duty.
Sec. 532. Waiver of time limitations for award of certain decorations
to specified persons.
Sec. 533. Commendation of the Navy and Marine Corps personnel who
served in the United States Navy Asiatic
Fleet from 1910-1942.
Sec. 534. Appreciation for service during World War I and World War II
by members of the Navy assigned on board
merchant ships as the Naval Armed Guard
Service.
Sec. 535. Sense of Congress regarding the heroism, sacrifice, and
service of the military forces of South
Vietnam and other nations in connection
with the United States Armed Forces during
the Vietnam conflict.
Sec. 536. 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.
Subtitle E--Administration of Agencies Responsible for Review and
Correction of Military Records
Sec. 541. Personnel freeze.
Sec. 542. Professional staff.
Sec. 543. Ex parte communications.
Sec. 544. Timeliness standards.
Subtitle F--Other Matters
Sec. 551. One-year extension of certain force drawdown transition
authorities relating to personnel
management and benefits.
Sec. 552. Leave without pay for academy cadets and midshipmen.
Sec. 553. Provision for recovery, care, and disposition of the remains
of all medically retired members.
Sec. 554. Continued eligibility under Voluntary Separation Incentive
program for members who involuntarily lose
membership in a reserve component.
Sec. 555. Definition of financial institution for direct deposit of
pay.
Sec. 556. Increase in maximum amount for College Fund program.
Sec. 557. Central Identification Laboratory, Hawaii.
Sec. 558. Honor guard details at funerals of veterans.
Sec. 559. Applicability to all persons in chain of command of policy
requiring exemplary conduct by commanding
officers and others in authority in the
Armed Forces.
Sec. 560. Report on prisoners transferred from United States
Disciplinary Barracks, Fort Leavenworth,
Kansas, to Federal Bureau of Prisons.
Sec. 561. Report on process for selection of members for service on
courts-martial.
Sec. 562. Study of revising the term of service of members of the
United States Court of Appeals for the
Armed Forces.
Sec. 563. Status of cadets at the Merchant Marine Academy.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 1999.
Sec. 602. Basic allowance for housing outside the United States.
Sec. 603. Basic allowance for subsistence for Reserves.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonuses and special pay
authorities for reserve forces.
Sec. 612. One-year extension of certain bonuses and special pay
authorities for nurse officer candidates,
registered nurses, and nurse anesthetists.
Sec. 613. One-year extension of authorities relating to payment of
other bonuses and special pays.
Sec. 614. Aviation career incentive pay and aviation officer retention
bonus.
Sec. 615. Special pay for diving duty.
Sec. 616. Selective reenlistment bonus eligibility for Reserve members
performing active Guard and Reserve duty.
Sec. 617. Removal of ten percent restriction on selective reenlistment
bonuses.
Sec. 618. Increase in maximum amount of Army enlistment bonus.
Sec. 619. Equitable treatment of Reserves eligible for special pay for
duty subject to hostile fire or imminent
danger.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Exception to maximum weight allowance for baggage and
household effects.
Sec. 632. Travel and transportation allowances for travel performed by
members in connection with rest and
recuperative leave from overseas stations.
Sec. 633. Storage of baggage of certain dependents.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
Sec. 641. Effective date of former spouse survivor benefit coverage.
Subtitle E--Other Matters
Sec. 651. Deletion of Canal Zone from definition of United States
possessions for purposes of pay and
allowances.
Sec. 652. Accounting of advance payments.
Sec. 653. Reimbursement of rental vehicle costs when motor vehicle
transported at Government expense is late.
Sec. 654. Education loan repayment program for certain health
profession officers serving in Selected
Reserve.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
Sec. 701. Expansion of dependent eligibility under retiree dental
program.
Sec. 702. Plan for provision of health care for military retirees and
their dependents comparable to health care
provided under TRICARE Prime.
Sec. 703. Plan for redesign of military pharmacy system.
Sec. 704. Transitional authority to provide continued health care
coverage for certain persons unaware of
loss of CHAMPUS eligibility.
Subtitle B--TRICARE Program
Sec. 711. Payment of claims for provision of health care under the
TRICARE program for which a third party may
be liable.
Sec. 712. Procedures regarding enrollment in TRICARE Prime.
Subtitle C--Other Matters
Sec. 721. Inflation adjustment of premium amounts for dependents dental
program.
Sec. 722. System for tracking data and measuring performance in meeting
TRICARE access standards.
Sec. 723. Air Force research, development, training, and education on
exposure to chemical, biological, and
radiological hazards.
Sec. 724. Authorization to establish a Level 1 Trauma Training Center.
Sec. 725. Report on implementation of enrollment-based capitation for
funding for military medical treatment
facilities.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Sec. 801. Limitation on procurement of ammunition and components.
Sec. 802. Acquisition Corps eligibility.
Sec. 803. Amendments relating to procurement from firms in industrial
base for production of small arms.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Sec. 901. Further reductions in defense acquisition workforce.
Sec. 902. Limitation on operation and support funds for the Office of
the Secretary of Defense.
Sec. 903. Revision to defense directive relating to management
headquarters and headquarters support
activities.
Sec. 904. Under Secretary of Defense for Policy to have responsibility
with respect to export control activities
of the Department of Defense.
Sec. 905. Independent task force on transformation and Department of
Defense organization.
Sec. 906. Improved accounting for defense contract services.
Sec. 907. Repeal of requirement relating to assignment of tactical
airlift mission to reserve components.
Sec. 908. Repeal of certain requirements relating to Inspector General
investigations of reprisal complaints.
Sec. 909. Consultation with Commandant of the Marine Corps regarding
Marine Corps aviation.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Outlay limitations.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Revision to requirement for continued listing of two Iowa-
class battleships on the Naval Vessel
Register.
Sec. 1012. Transfer of USS NEW JERSEY.
Sec. 1013. Long-term charter of three vessels in support of submarine
rescue, escort, and towing.
Sec. 1014. Transfer of obsolete Army tugboat.
Sec. 1015. Long-term charter contracts for acquisition of auxiliary
vessels for the Department of Defense.
Subtitle C--Matters Relating to Counter Drug Activities
Sec. 1021. Department of Defense support for counter-drug activities.
Sec. 1022. Support for counter-drug operation Caper Focus.
Subtitle D--Miscellaneous Report Requirements and Repeals
Sec. 1031. Annual report on resources allocated to support and mission
activities.
Subtitle E--Other Matters
Sec. 1041. Clarification of land conveyance authority, Armed Forces
Retirement Home, District of Columbia.
Sec. 1042. Content of notice required to be provided garnishees before
garnishment of pay or benefits.
Sec. 1043. Training of special operations forces with friendly foreign
forces.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
Sec. 1101. Authority for release to Coast Guard of drug test results of
civil service mariners of the Military
Sealift Command.
Sec. 1102. Limitations on back pay awards.
Sec. 1103. Restoration of annual leave accumulated by civilian
employees at installations in the Republic
of Panama to be closed pursuant to the
Panama Canal Treaty of 1977.
Sec. 1104. Repeal of program providing preference for employment of
military spouses in military child care
facilities.
Sec. 1105. Elimination of retained pay as basis for determining
locality-based adjustments.
Sec. 1106. Observance of certain holidays at duty posts outside the
United States.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Sec. 1201. Limitation on funds for peacekeeping in the Republic of
Bosnia and Herzegovina.
Sec. 1202. Reports on the mission of United States forces in Republic
of Bosnia and Herzegovina.
Sec. 1203. Report on military capabilities of an expanded NATO
alliance.
Sec. 1204. One-year extension of counterproliferation authorities for
support of United Nations Special
Commission on Iraq.
Sec. 1205. Repeal of landmine moratorium.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for specified purposes.
Sec. 1304. Limitation on use of funds for chemical weapons destruction
facility.
Sec. 1305. Limitation on obligation of funds for a specified period.
Sec. 1306. Requirement to submit breakdown of amounts requested by
project category.
Sec. 1307. Limitation on use of funds until completion of fiscal year
1998 requirements.
Sec. 1308. Report on biological weapons programs in Russia.
Sec. 1309. Limitation on use of funds for biological weapons
proliferation prevention activities in
Russia.
Sec. 1310. Limitation on use of certain funds for strategic arms
elimination in Russia or Ukraine.
Sec. 1311. Availability of funds.
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. Increase in fiscal year 1998 authorization for military
construction projects at Fort Drum, New
York, and Fort Sill, Oklahoma.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Authorization to accept road construction project, Marine
Corps Base, Camp Lejeune, North Carolina.
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. Increase in fiscal year 1995 authorization for military
construction projects at Pine Bluff
Arsenal, Arkansas, and Umatilla Army Depot,
Oregon.
Sec. 2406. Increase in fiscal year 1990 authorization for military
construction project at Portsmouth Naval
Hospital, Virginia.
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. Army Reserve construction project, Salt Lake City, Utah.
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. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Definition of ancillary supporting facilities under the
alternative authority for acquisition and
improvement of military housing.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Restoration of Department of Defense lands used by another
Federal agency.
Sec. 2812. Outdoor recreation development on military installations for
disabled veterans, military dependents with
disabilities, and other persons with
disabilities.
Sec. 2813. Report on use of utility system conveyance authority.
Subtitle C--Defense Base Closure and Realignment
Sec. 2821. Payment of stipulated penalties assessed under the
Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 in
connection with McClellan Air Force Base,
California.
Sec. 2822. Elimination of waiver authority regarding prohibition
against certain conveyances of property at
Naval Station, Long Beach, California.
Subtitle D--Land Conveyances
Part I--Army Conveyances
Sec. 2831. Land conveyance, Army Reserve Center, Massena, New York.
Sec. 2832. Land conveyance, Army Reserve Center, Ogdensburg, New York.
Sec. 2833. Land conveyance, Army Reserve Center, Jamestown, Ohio.
Sec. 2834. Land conveyance, Stewart Army Sub-Post, New Windsor, New
York.
Sec. 2835. Land conveyance, Indiana Army Ammunition Plant, Charlestown,
Indiana.
Sec. 2836. Land conveyance, Volunteer Army Ammunition Plant,
Chattanooga, Tennessee.
Sec. 2837. Release of reversionary interest of United States in former
Redstone Army Arsenal property conveyed to
Alabama Space Science Exhibit Commission.
Part II--Navy Conveyances
Sec. 2841. Easement, Marine Corps Base, Camp Pendleton, California.
Sec. 2842. Land conveyance, Naval Reserve Readiness Center, Portland,
Maine.
Part III--Air Force Conveyances
Sec. 2851. Land conveyance, Lake Charles Air Force Station, Louisiana.
Sec. 2852. Land conveyance, Air Force housing facility, La Junta,
Colorado.
Subtitle E--Other Matters
Sec. 2861. Repeal of prohibition on joint use of Gray Army Airfield,
Fort Hood, Texas, with civil aviation.
Sec. 2862. Designation of building containing Navy and Marine Corps
Reserve Center, Augusta, Georgia.
Sec. 2863. Expansion of Arlington National Cemetery.
Sec. 2864. Reporting requirements under demonstration project for
purchase of fire, security, police, public
works, and utility services from local
government agencies.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. Weapons activities.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
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. Prohibition on Federal loan guarantees for defense
environmental management privatization
projects.
Sec. 3132. Extension of funding prohibition relating to international
cooperative stockpile stewardship.
Sec. 3133. Use of certain funds for missile defense technology
development.
Sec. 3134. Selection of technology for tritium production.
Sec. 3135. Limitation on use of certain funds at Hanford Site.
Subtitle D--Other Matters
Sec. 3151. Termination of worker and community transition assistance.
Sec. 3152. Requirement for plan to modify employment system used by
Department of Energy in defense
environmental management programs.
Sec. 3153. Report on stockpile stewardship criteria.
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.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Definitions.
Sec. 3402. Authorization of appropriations.
Sec. 3403. Price requirement on sale of certain petroleum during fiscal
year 1999.
Sec. 3404. Disposal of Naval Petroleum Reserve Numbered 2.
Sec. 3405. Disposal of Naval Petroleum Reserve Numbered 3.
Sec. 3406. Disposal of Oil Shale Reserve Numbered 2.
Sec. 3407. Administration.
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. Sunset of United States overseas benefits just before
transfer.
Sec. 3507. Central Examining Office.
Sec. 3508. Liability for vessel accidents.
Sec. 3509. Panama Canal Board of Contract Appeals.
Sec. 3510. Technical amendments.
TITLE XXXVI--MARITIME ADMINISTRATION
Sec. 3601. Authorization of appropriations for fiscal year 1999.
Sec. 3602. Conveyance of NDRF vessel M/V BAYAMON.
Sec. 3603. Conveyance of NDRF vessels BENJAMIN ISHERWOOD and HENRY
ECKFORD.
Sec. 3604. Clearinghouse for maritime information.
Sec. 3605. Conveyance of NDRF vessel ex-USS LORAIN COUNTY.
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, $1,420,759,000.
(2) For missiles, $1,232,285,000.
(3) For weapons and tracked combat vehicles,
$1,507,638,000.
(4) For ammunition, $1,053,455,000.
(5) For other procurement, $3,136,918,000.
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, $7,420,847,000.
(2) For weapons, including missiles and torpedoes,
$1,192,195,000.
(3) For shipbuilding and conversion, $5,992,361,000.
(4) For other procurement, $3,969,507,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 1999 for procurement for the Marine Corps in the amount
of $691,868,000.
(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 $451,968,000.
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, $8,219,077,000.
(2) For missiles, $2,234,668,000.
(3) For ammunition, $383,627,000.
(4) For other procurement, $7,046,372,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 1999
for Defense-wide procurement in the amount of $1,962,866,000.
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, $50,000,000.
(2) For the Air National Guard, $50,000,000.
(3) For the Army Reserve, $50,000,000.
(4) For the Naval Reserve, $50,000,000.
(5) For the Air Force Reserve, $50,000,000.
(6) For the Marine Corps Reserve, $50,000,000.
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 $834,000,000 for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 108. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fiscal year 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
procurement of the AGM-114 Longbow Hellfire missile.
SEC. 112. M1A2 SYSTEM ENHANCEMENT PROGRAM STEP 1 PROGRAM.
Of the funds authorized to be appropriated for the Army in section
101 for weapons and tracked combat vehicles, $20,300,000 shall be
available only for the Step 1 program for the M1A2 System Enhancement
Program.
Subtitle C--Navy Programs
SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR THE DEPARTMENT OF THE
NAVY.
(a) Authority for Specified Navy 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 a multiyear procurement contract for procurement for the following
programs:
(1) The AV-8B aircraft program.
(2) The T-45TS aircraft program.
(3) The E-2C aircraft program.
(b) Authority for Marine Corps 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 to
procure the Marine Corps Medium Tactical Vehicle Replacement.
Subtitle D--Other Matters
SEC. 141. FUNDING, TRANSFER, AND MANAGEMENT OF THE ASSEMBLED CHEMICAL
WEAPONS ASSESSMENT PROGRAM.
(a) Funding.--Of the amount authorized to be appropriated in
section 107, $12,600,000 shall be available for the Assembled Chemical
Weapons Assessment Program (in this section referred to as the
``Program'').
(b) Transfer of Program Responsibility.--(1) The Under Secretary of
Defense for Acquisition and Technology and the Secretary of the Army
shall jointly submit to Congress, not later than December 1, 1998, a
plan for the transfer of oversight of the Program from the Under
Secretary to the Secretary.
(2) Oversight of the Program shall be transferred pursuant to the
plan submitted under paragraph (1) not later than 60 days after the
date of the submission of the notice required under section 152(f)(2)
of the National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104-106; 110 Stat. 214; 50 U.S.C. 1521(f)(2)).
(c) Plan For Pilot Program.--If the Secretary of Defense proceeds
with a pilot program under section 152(f) of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
214; 50 U.S.C. 1521(f)), the Secretary shall prepare a plan for the
pilot program and shall submit to Congress a report on such plan
(including information on the cost of, and schedule for, implementing
the pilot program).
(d) Management of Program.--The Program shall be managed
independently of the baseline incineration program until the pilot
program is completed.
(e) Definition.--In this section, the term ``Assembled Chemical
Weapons Assessment Program'' means the program established in section
152(e) of the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 214; 50 U.S.C. 1521), and section 8065
of the Department of Defense Appropriations Act, 1997 (as contained in
section 101 of Public Law 104-208; 110 Stat. 3009-101), for identifying
and demonstrating alternatives to the baseline incineration process for
the demilitarization of assembled chemical munitions.
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, $4,791,997,000.
(2) For the Navy, $8,377,059,000.
(3) For the Air Force, $13,785,401,000.
(4) For Defense-wide activities, $9,283,515,000, of which--
(A) $251,106,000 is authorized for the activities
of the Director, Test and Evaluation; and
(B) $29,245,000 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, $3,078,251,000 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. MANAGEMENT RESPONSIBILITY FOR NAVY MINE COUNTERMEASURES
PROGRAMS.
Section 216(a) of the National Defense Authorization Act for Fiscal
Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1317, as amended) is
amended by striking out ``through 1999'' and inserting in lieu thereof
``through 2003''.
SEC. 212. FUTURE AIRCRAFT CARRIER TRANSITION TECHNOLOGIES.
Of the funds authorized to be appropriated under section 201(2) for
Carrier System Development (program element 0603512N), $50,000,000
shall be available for research, development, test, evaluation, and
insertion into the CVN-77 nuclear aircraft carrier program of
technologies designed to transition to, demonstrate enhanced
capabilities for, or mitigate cost and technical risks of, the CV(X)
aircraft carrier program.
SEC. 213. MANUFACTURING TECHNOLOGY PROGRAM.
(a) Requirements Relating to Competition.--Section 2525(d)(1) of
title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following new subparagraph:
``(B) For each grant awarded and each contract, cooperative
agreement, or other transaction entered into on a cost-share basis
under the program, the ratio of contract recipient cost to Government
cost shall be determined by competitive procedures. For a project for
which the Government receives an offer from only one offeror, the
contracting officer shall negotiate the ratio of contract recipient
cost to Government cost that represents the best value to the
Government.''.
(b) Requirements Relating to Cost Share Waivers.--Section
2525(d)(2) of such title is amended--
(1) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively;
(2) by inserting ``(A)'' after ``(2)''; and
(3) by adding at the end the following new subparagraphs:
``(B) For any grant awarded or contract, cooperative agreement, or
other transaction entered into on a basis other than a cost-sharing
basis because of a determination made under subparagraph (A), the
transaction file for the project concerned must document the rationale
for the determination.
``(C) The Secretary of Defense may delegate the authority to make
determinations under subparagraph (A) only to the Under Secretary of
Defense for Acquisition and Technology or a service acquisition
executive, as appropriate.''.
(c) Cost Share Goal.--Section 2525(d) of such title is amended--
(1) by striking out paragraph (4); and
(2) in paragraph (3)--
(A) by striking out ``At least'' and inserting in
lieu thereof ``As a goal, at least'';
(B) by striking out ``shall'' and inserting in lieu
thereof ``should''; and
(C) by adding at the end the following: ``The
Secretary of Defense, in coordination with the
Secretaries of the military departments and upon
recommendation of the Under Secretary of Defense for
Acquisition and Technology, shall establish annual
objectives to meet such goal.''.
(d) Additional Information To Be Included in Five-Year Plan.--
Section 2525(e)(1) of such title is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``; and''; and
(3) by inserting at the end the following new subparagraph:
``(C) the extent of cost sharing in the manufacturing
technology program by companies in the private sector, weapons
system program offices and other defense program offices,
Federal agencies other than the Department of Defense,
nonprofit institutions and universities, and other sources.''.
Subtitle C--Ballistic Missile Defense
SEC. 231. NATIONAL MISSILE DEFENSE POLICY.
(a) Findings.--Congress makes the following findings:
(1) Threats posed by ballistic missiles and weapons of mass
destruction to the national territory of the United States
continue to grow as the trend in ballistic missile
proliferation and development is toward longer range and
increasingly sophisticated missiles.
(2) Russian and Chinese sources continue to proliferate
missile and other advanced technologies.
(3) North Korea is developing the Taepo-Dong 2 missile,
which would have a range sufficient to strike Alaska and
Hawaii, and other countries hostile to the United States,
including Iran, Libya, and Iraq, have demonstrated an interest
in acquiring or developing ballistic missiles capable of
reaching the United States.
(4) Russia's increased reliance on nuclear forces to
compensate for the decline of its conventional forces and
uncertainty regarding command and control of those nuclear
forces increase the possibility of an accidental or
unauthorized launch of Russian ballistic missiles.
(5) The United States could be deterred from effectively
promoting or protecting its national interests around the world
if any State or territory of the United States is vulnerable to
long-range ballistic missiles deployed by nations hostile to
the United States.
(b) Sense of Congress Concerning National Missile Defense Policy.--
It is the sense of Congress that--
(1) any national missile defense system deployed by the
United States must provide effective defense against limited,
accidental, or unauthorized ballistic missile attack for all 50
States; and
(2) the territories of the United States should be afforded
effective protection against ballistic missile attack.
SEC. 232. LIMITATION ON FUNDING FOR THE MEDIUM EXTENDED AIR DEFENSE
SYSTEM.
None of the funds appropriated for fiscal year 1999 for the
Ballistic Missile Defense Organization may be obligated for the Medium
Extended Air Defense System (MEADS) until the Secretary of Defense
certifies to Congress that the future-years defense plan includes
sufficient programmed funding for that system to complete the design
and development phase. If the Secretary does not submit such a
certification by January 1, 1999, then (effective as of that date) the
funds appropriated for fiscal year 1999 for the Ballistic Missile
Defense Organization that are allocated for the MEADS program shall be
available to support modification of the Patriot Advanced Capability-3,
Configuration 3, so as to support the requirement for mobile theater
missile defense to be met by the MEADS system.
SEC. 233. LIMITATION ON FUNDING FOR COOPERATIVE BALLISTIC MISSILE
DEFENSE PROGRAMS.
Of the funds appropriated for fiscal year 1999 for the Russian-
American Observational Satellite (RAMOS) program, $5,000,000 may not be
obligated until the Secretary of Defense certifies to Congress that the
Department of Defense has received detailed information concerning the
nature, extent, and military implications of the transfer of ballistic
missile technology from Russian sources to Iran.
SEC. 234. LIMITATION ON FUNDING FOR COUNTERPROLIFERATION SUPPORT.
None of the funds appropriated for fiscal year 1999 for
counterproliferation support in Program Element 63160BR may be
obligated until the Secretary of Defense submits to Congress the report
required by section 234 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1664; 50 U.S.C. 2367) to
be submitted not later than January 30, 1998.
SEC. 235. BALLISTIC MISSILE DEFENSE PROGRAM ELEMENTS.
(a) BMD Program Elements.--(1) Chapter 9 of title 10, United States
Code, is amended by inserting after section 222 the following new
section:
``Sec. 223. Ballistic missile defense programs
``(a) Program Elements Specified.--In the budget justification
materials submitted to Congress in support of the Department of Defense
budget for any fiscal year (as submitted with the budget of the
President under section 1105(a) of title 31), the amount requested for
activities of the Ballistic Missile Defense Organization shall be set
forth in accordance with the following program elements:
``(1) The Patriot system.
``(2) The Navy Area system.
``(3) The Theater High-Altitude Area Defense system.
``(4) The Navy Theater Wide system.
``(5) The Medium Extended Air Defense System.
``(6) Joint Theater Missile Defense.
``(7) National Missile Defense.
``(8) Support Technologies.
``(9) Family of Systems Engineering and Integration.
``(10) Ballistic Missile Defense Technical Operations.
``(11) Threat and Countermeasures.
``(12) International Cooperative Programs.
``(b) Treatment of Major Defense Acquisition Programs.--Amounts
requested for Theater Missile Defense and National Missile Defense
major defense acquisition programs shall be specified in individual,
dedicated program elements, and amounts appropriated for those programs
shall be available only for Ballistic Missile Defense activities.
``(c) Management and Support.--The amount requested for each
program element specified in subsection (a) shall include requests for
the amounts necessary for the management and support of the programs,
projects, and activities contained in that program element.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 222 the
following new item:
``223. Ballistic missile defense programs.''.
(b) Repeal of Superseded Provision.--Section 251 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 10
U.S.C. 221 note) is repealed.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 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, $16,339,700,000.
(2) For the Navy, $21,839,328,000.
(3) For the Marine Corps, $2,539,703,000.
(4) For the Air Force, $18,816,108,000.
(5) For Defense-wide activities, $10,354,216,000.
(6) For the Army Reserve, $1,197,622,000.
(7) For the Naval Reserve, $948,639,000.
(8) For the Marine Corps Reserve, $116,993,000.
(9) For the Air Force Reserve, $1,747,696,000.
(10) For the Army National Guard, $2,464,815,000.
(11) For the Air National Guard, $3,096,933,000.
(12) For the Defense Inspector General, $130,764,000.
(13) For the United States Court of Appeals for the Armed
Forces, $7,324,000.
(14) For Environmental Restoration, Army, $377,640,000.
(15) For Environmental Restoration, Navy, $281,600,000.
(16) For Environmental Restoration, Air Force,
$379,100,000.
(17) For Environmental Restoration, Defense-wide,
$26,091,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $195,000,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $47,311,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $727,582,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $15,000,000.
(22) For Defense Health Program, $9,663,035,000.
(23) Former Soviet Union Threat Reduction programs,
$417,400,000.
(24) For Overseas Contingency Operations Transfer Fund,
$746,900,000.
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, $1,076,571,000.
(2) 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 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.
SEC. 305. REFURBISHMENT OF M1-A1 TANKS.
Of the amount authorized to be appropriated pursuant to section
301(1) for operation and maintenance for the Army, $31,000,000 shall be
available only for the refurbishment of up to 70 M1-A1 tanks under the
AIM-XXI program.
SEC. 306. OPERATION OF PREPOSITIONED FLEET, NATIONAL TRAINING CENTER,
FORT IRWIN, CALIFORNIA.
Of the amount authorized to be appropriated pursuant to section
301(1) for operation and maintenance for the Army, $60,200,000 shall be
available only to pay costs associated with the operation of the
prepositioned fleet of equipment during training rotations at the
National Training Center, Fort Irwin, California.
SEC. 307. RELOCATION OF USS WISCONSIN.
Of the amount authorized to be appropriated pursuant to section
301(2) for operation and maintenance for the Navy, $6,000,000 may be
available for the purpose of relocating the USS WISCONSIN, which is
currently in a reserve status at the Norfolk Naval Shipyard, Virginia,
to a suitable location in order to increase available berthing space at
the shipyard.
SEC. 308. FISHER HOUSE TRUST FUNDS.
Funds are hereby authorized to be appropriated for fiscal year
1999, out of funds in Fisher House Trust Funds not otherwise
appropriated, for the operation of Fisher houses described in section
2221(d) of title 10, United States Code, as follows:
(1) From the Fisher House Trust Fund, Department of the
Army, $250,000 for Fisher houses that are located in proximity
to medical treatment facilities of the Army.
(2) From the Fisher House Trust Fund, Department of the
Navy, $150,000 for Fisher houses that are located in proximity
to medical treatment facilities of the Navy.
(3) From the Fisher House Trust Fund, Department of the Air
Force, $150,000 for Fisher houses that are located in proximity
to medical treatment facilities of the Air Force.
Subtitle B--Information Technology Issues
SEC. 311. ADDITIONAL INFORMATION TECHNOLOGY RESPONSIBILITIES OF CHIEF
INFORMATION OFFICERS.
(a) In General.--(1) Chapter 131 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 2223. Information technology: additional responsibilities of
Chief Information Officers
``(a) Additional Responsibilities.--In addition to the
responsibilities provided for in chapter 35 of title 44 and in section
5125 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1425)--
``(1) the Chief Information Officer of the Department of
Defense, with respect to the elements of the Department of
Defense other than the military departments, shall--
``(A) review and provide recommendations to the
Secretary of Defense on Department of Defense budget
requests for information technology and national
security systems;
``(B) ensure the interoperability of information
technology and national security systems throughout the
Department of Defense; and
``(C) ensure that information technology and
national security systems standards that will apply
throughout the Department of Defense are prescribed;
and
``(2) the Chief Information Officer of each military
department, with respect to the military department concerned,
shall--
``(A) review budget requests for all information
technology and national security systems;
``(B) ensure that information technology and
national security systems are in compliance with
standards of the Government and the Department of
Defense;
``(C) ensure that information technology and
national security systems are interoperable with other
relevant information technology and national security
systems of the Government and the Department of
Defense;
``(D) provide for the elimination of duplicate
information technology and national security systems
within and between the military departments and Defense
Agencies; and
``(E) coordinate with the Joint Staff with respect
to information technology and national security
systems.
``(b) Definitions.--In this section:
``(1) The term `Chief Information Officer' means the senior
official designated by the Secretary of Defense or a Secretary
of a military department pursuant to section 3506 of title 44.
``(2) The term `information technology' has the meaning
given that term by section 5002 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1401).
``(3) The term `national security system' has the meaning
given that term by section 5142 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1452).''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2223. Information technology: additional responsibilities of Chief
Information Officers.''.
(b) Effective Date.--Section 2223 of title 10, United States Code,
as added by subsection (a), shall take effect on October 1, 1998.
SEC. 312. DEFENSE-WIDE ELECTRONIC MALL SYSTEM FOR SUPPLY PURCHASES.
(a) Electronic Mall System.--In this section, the term ``electronic
mall system'' means an electronic system for displaying, ordering, and
purchasing supplies and materiel available from sources within the
Department of Defense and from the private sector.
(b) Development and Management.--Using existing systems and
technology available in the Department of Defense, the Defense
Logistics Agency shall develop a single, defense-wide electronic mall
system. The Defense Logistics Agency shall be responsible for the
management of the resulting electronic mall system. The Secretary of
each military department and the head of each Defense Agency shall
provide to the Defense Logistics Agency the necessary and requested
data to support the development and operation of the electronic mall
system.
(c) Implementation Date.--The electronic mall system shall be
operational and available throughout the Department of Defense not
later than June 1, 1999. After that date, a military department or
Defense Agency (other than the Defense Logistics Agency) may not
develop or operate an electronic mall system.
SEC. 313. PROTECTION OF FUNDING PROVIDED FOR CERTAIN INFORMATION
TECHNOLOGY AND NATIONAL SECURITY PROGRAMS.
(a) Use for Specified Purposes.--Of the amounts authorized to be
appropriated to the Department of Defense for fiscal years 1999, 2000,
and 2001 for information technology and national security programs of
the Department of Defense, not less than the amount specified in
subsection (b) shall be available for each such fiscal year for the
purposes of the information technology and national security programs
described in such subsection, unless an alternative use of the funds is
specifically approved by a law enacted after the date of the enactment
of the law originally authorizing the funds.
(b) Covered Programs and Amounts.--The information technology and
national security programs referred to in subsection (a), and the
amounts to be available for each program, are the following:
(1) The Force XXI program of the Army, $360,000,000.
(2) The Information Technology for the 21st Century
programs of the Navy, $472,000,000.
(3) The Communications Infrastructure programs of the Air
Force, $228,500,000.
(4) The Telecom and Computing Infrastructure programs of
the Marine Corps, $93,000,000.
(c) Definitions.--In this section:
(1) The term ``information technology'' has the meaning
given that term in section 5002 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1401).
(2) The term ``national security system'' has the meaning
given that term in section 5142 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1452).
SEC. 314. PRIORITY FUNDING TO ENSURE YEAR 2000 COMPLIANCE OF MISSION
CRITICAL INFORMATION TECHNOLOGY AND NATIONAL SECURITY
SYSTEMS.
(a) Funds for Completion of Year 2000 Conversion.--(1) Of the
amounts authorized to be appropriated pursuant to this Act for
information technology and national security systems of the Department
of Defense designated as mission critical, not more than 25 percent may
be used to fund activities unrelated to ensuring that the awareness,
assessment, and renovation phases of year 2000 conversion for such
information technology and national security systems are completed.
(2) Of the amounts authorized to be appropriated pursuant to this
Act for information technology and national security systems of the
Department of Defense (other than information technology and national
security systems covered by paragraph (1)), not less than
$1,000,000,000 shall be available only for transfer to support
activities to ensure that the awareness, assessment, renovation, and
validation phases of year 2000 conversion for information technology
and national security systems covered by paragraph (1) are completed.
(b) Exceptions.--(1) This section does not apply to or affect
funding for information technology and national security programs
identified in section 313(b).
(2) The Secretary of Defense may authorize expenditures in excess
of the 25 percent limitation specified in subsection (a)(1) if the
Secretary determines that additional expenditures are required to
prevent the failure of the information technology or national security
system and provides prior notice to Congress of the reasons for the
additional expenditures.
(c) Termination.--(1) On the date on which the Secretary of Defense
determines that the year 2000 renovation phase has been completed for a
particular information technology or national security system covered
by paragraph (1) of subsection (a), such paragraph shall cease to apply
to that information technology or national security system.
(2) Paragraph (2) of such subsection shall cease to apply on the
date on which the Secretary of Defense determines that all of the
information technology and national security systems covered by
paragraph (1) of such subsection are fully funded through the
validation phase of year 2000 conversion, have an established
contingency plan, and have completed a point of origin to point of
execution evaluation.
(d) Comptroller General Review.--Not later than January 30, 1999,
the Comptroller General shall submit to Congress a briefing containing
the following:
(1) Separate lists of each information technology and
national security system of the Department of Defense covered
by subsection (a)(1) for which the renovation phase of year
2000 conversion is not completed by December 30, 1998.
(2) A evaluation of the effect of subsection (a) on the
year 2000 conversion success rate.
(3) A list of each information technology and national
security system covered by subsection (a)(1) that will not
achieve year 2000 compliance by September 30, 1999.
(4) An explanation of how the military departments, the
Joint Chiefs of Staff, and Defense Agencies are applying the
definition of mission critical.
(5) Recommendations regarding the manner in which funding
could best be allocated to achieve year 2000 compliance for the
greatest number of information technology and national security
systems covered by subsection (a)(1).
(e) Definitions.--In this section:
(1) The term ``information technology'' has the meaning
given that term in section 5002 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1401).
(2) The term ``national security system'' has the meaning
given that term in section 5142 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1452).
(3) The term ``mission critical'' means an information
technology or national security system of the Department of
Defense identified as mission critical in the table prepared by
the Joint Chiefs of Staff entitled ``Mission Critical Systems
(All Services/Agencies)'', dated March 20, 1998, or in the
table printed by the Defense Integrated Support Tool entitled
``Year 2000 Information on Mission Critical Systems'', dated
March 19, 1998.
(4) The terms ``awareness'', ``assessment'',
``renovation'', and ``validation'' have the meanings given the
terms in the Department of Defense ``Year 2000 Management
Plan'', version 1.0, released in April 1997.
SEC. 315. EVALUATION OF YEAR 2000 COMPLIANCE AS PART OF TRAINING
EXERCISES PROGRAMS.
(a) Report on Evaluation Plan.--Not later than December 15, 1998,
the Secretary of Defense shall submit to Congress a report containing a
plan to include a simulated year 2000 as part of the military exercises
described in subsection (b) in order to evaluate, in an operational
environment, the extent to which information technology and national
security systems involved in the exercises will successfully operate,
including the ability of the systems to access and transmit information
from point of origin to point of termination, during the actual year
2000.
(b) Covered Military Exercises.--A military exercise referred to in
subsection (a) is a military exercise conducted by the Department of
Defense, during the period beginning on January 1, 1999, and ending on
September 30, 1999--
(1) under the training exercises program known as the
``CJCS Exercise Program'';
(2) at the Naval Strike and Air Warfare Center, the Army
National Training Center, or the Air Force Air Warfare Center;
or
(3) as part of Naval Carrier Group fleet training or Marine
Corps Expeditionary Unit training.
(c) Elements of Report.--The report under subsection (a) shall
include the following:
(1) A list of all military exercises described in
subsection (b) to be conducted during the period specified in
such subsection.
(2) A description of the manner in which the year 2000 will
be simulated for information technology and national security
systems involved in each military exercise.
(3) The duration of the year 2000 simulation in each
military exercise.
(4) The methodology to be used in turning over the
information technology and national security systems to the
year 2000 in order to best identify those systems that fail to
operate reliably during the military exercise.
(5) A list of the information technology and national
security systems excluded from the plan under subsection
(d)(1), including how the military exercise will utilize an
excluded system's year 2000 contingency plan.
(6) A list of the exercises and information technology and
national security systems excluded from the plan under
subsection (d)(2), and a description of the effect that
continued year 2000 noncompliance of the systems would have on
military readiness.
(d) Exclusions.--(1) Subsection (a) shall not apply to an
information technology or national security system if the Secretary of
Defense determines that the system will be incapable of performing
reliably during the year 2000 simulation portion of the military
exercise. In the case of each excluded system, the system may not be
used during the period of the year 2000 simulation. Instead, the
excluded system shall be replaced by the year 2000 contingency plan for
the system.
(2) If the mission of a military exercise will be seriously
hampered by the number of information technology and national security
systems covered by paragraph (1), the Secretary of Defense may exclude
the entire exercise from the requirements of subsection (a).
(3) Subsection (a) shall not apply to an information technology or
national security system with cryptological applications.
(4) If the decision to exclude a military exercise or information
technology or national security system is made under paragraph (1) or
(2) after the date of the submission of the report required by
subsection (a), the Secretary of Defense shall notify Congress of the
exclusion not later than two weeks before commencing the military
exercise. The notification shall include the information required under
paragraph (5) or (6) of subsection (c), depending on whether the
exclusion covers the entire exercise or particular information
technology and national security systems.
(e) Comptroller General Review.--Not later than January 30, 1999,
the Comptroller General shall review the report and plan submitted
under subsection (a) and submit to Congress a briefing evaluating the
methodology to be used under the plan to simulate the year 2000,
describing the potential information that will be collected as a result
of implementation of the plan, and describing the impact that the plan
will have on military readiness.
(f) Definitions.--In this section:
(1) The term ``information technology'' has the meaning
given that term in section 5002 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1401).
(2) The term ``national security system'' has the meaning
given that term in section 5142 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1452).
Subtitle C--Environmental Provisions
SEC. 321. AUTHORIZATION TO PAY NEGOTIATED SETTLEMENT FOR ENVIRONMENTAL
CLEANUP AT FORMER DEPARTMENT OF DEFENSE SITES IN CANADA.
(a) Authorization.--To the extent provided in appropriations Acts,
the Secretary of Defense may pay an amount to the Government of Canada
of not more than $100,000,000 (in fiscal year 1996 constant dollars),
for purposes of implementing the October 1996 negotiated settlement
between the United States and Canada relating to environmental cleanup
at various sites in Canada that were formerly used by the Department of
Defense.
(b) Method of Payment.--The amount authorized by subsection (a)
shall be paid in 10 annual payments, with the first payment made from
amounts appropriated for fiscal year 1998.
(c) Fiscal Year 1998 Payment.--The payment under this section for
fiscal year 1998 shall be made from amounts appropriated pursuant to
section 301(5) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 1669).
(d) Fiscal Year 1999 Payment.--The payment under this section for
fiscal year 1999 shall be made from amounts appropriated pursuant to
section 301(5).
(e) Limitation.--The authorization provided in this section shall
not be construed as setting a precedent for payment under a treaty of
an environmental claim made by another nation, unless the Senate has
given its consent to the ratification of the treaty.
SEC. 322. REMOVAL OF UNDERGROUND STORAGE TANKS.
Of the amount authorized to be appropriated pursuant to section
301(18) (relating to environmental restoration of formerly used defense
sites), the Secretary of the Army may use not more than $150,000 for
the removal of underground storage tanks at the Authorities Allied
Industrial Park, Macon, Georgia.
Subtitle D--Defense Infrastructure Support Improvement
SEC. 331. REPORTING AND STUDY REQUIREMENTS BEFORE CHANGE OF COMMERCIAL
AND INDUSTRIAL TYPE FUNCTIONS TO CONTRACTOR PERFORMANCE.
(a) In General.--Section 2461 of title 10, United States Code, is
amended--
(1) by redesignating subsection (c) as subsection (h) and
transferring such subsection to appear after subsection (g);
and
(2) by striking out subsections (a) and (b) and inserting
in lieu thereof the following new subsections:
``(a) Reporting and Study Requirements as Precondition to Change in
Performance.--A commercial or industrial type function of the
Department of Defense that, as of October 1, 1980, was being performed
by Department of Defense civilian employees may not be changed to
performance by a private contractor or changed to procurement through a
private contractor until the Secretary of Defense fully complies with
the reporting and study requirements specified in subsections (b) and
(c).
``(b) Notification and Elements of Study.--(1) Before commencing to
study a commercial or industrial type function described in subsection
(a) for possible change to performance by a private contractor or
possible change to procurement through a private contractor, the
Secretary of Defense shall submit to Congress a report containing the
following:
``(A) The function to be studied for possible change.
``(B) The location at which the function is performed by
Department of Defense civilian employees.
``(C) The number of civilian employee positions potentially
affected.
``(D) The anticipated length and cost of the study.
``(E) A certification that the performance of the
commercial or industrial type function by civilian employees of
the Department of Defense is not precluded due to any
constraint or limitation in terms of man years, end strengths,
full-time equivalent positions, or maximum number of employees.
``(2) The responsibility of the Secretary of Defense to submit the
report required under paragraph (1) may be delegated only to senior
acquisition executives or higher officials for the military departments
and the Defense Agencies.
``(3) The study of a commercial or industrial type function for
possible change in performance shall include the following:
``(A) A comparison of the cost of performance of the
function by Department of Defense civilian employees and by
private contractor to demonstrate whether change to performance
by a private contractor or change to procurement through a
private contractor will result in savings to the Government
over the life of the contract, including in the comparison--
``(i) the amount estimated by the Secretary of
Defense (based on bids received) to be the amount of a
contract for performance of the function by a private
contractor;
``(ii) the cost to the Government of Department of
Defense civilian employees performing the function; and
``(iii) the costs and expenditures which the
Government would incur (in addition to the amount of
the contract) because of the award of such a contract.
``(B) An examination of the potential economic effect of
performance of the function by a private contractor--
``(i) on employees who would be affected by such a
change in performance; and
``(ii) on the local community and the Government,
if more than 75 employees perform the function.
``(C) An examination of the effect of performance of the
function by a private contractor on the military mission of the
function.
``(4) If the commercial or industrial type function at issue
involves a working-capital fund in the Department of Defense and the
study concerns the possible procurement by a requisitioning agency of
services or supplies from a private contractor instead of the working-
capital fund, in lieu of the comparison required by paragraph (3), the
study shall include a comparison of the sources of the services or
supplies to determine which source is more cost-effective for the
requisitioning agency.
``(5) An individual or entity at a facility where a commercial or
industrial type function is studied for possible change in performance
may raise an objection to the study on the grounds that the report
required under paragraph (1) as a precondition for the study does not
contain the certification required by subparagraph (E) of such
paragraph. The objection may be raised at any time during the course of
the study, shall be in writing, and shall be submitted to the Secretary
of Defense. If the Secretary determines that the certification was
omitted, the commercial or industrial type function covered by the
study may not be the subject of request for proposal or award of a
contract until a certification is made that fully complies with
paragraph (1)(E) and the other requirements of this section are
satisfied.
``(c) Notification of Decision.--(1) If, as a result of the
completion of a study under subsection (b)(3), a decision is made to
change the commercial or industrial type function that was the subject
of the study to performance by a private contractor or to procurement
through a private contractor, the Secretary of Defense shall submit to
Congress a report describing that decision. The report shall--
``(A) indicate that the study under subsection (b)(3) has
been completed;
``(B) certify that the Government calculation for the cost
of performance of the function by Department of Defense
civilian employees is based on an estimate of the most
efficient and cost effective organization for performance of
the function by Department of Defense civilian employees;
``(C) certify that the comparison required by subsection
(b)(3)(A) (or alternatively by subsection (b)(4)) as part of
the study demonstrates that the performance of the function by
a private contractor or procurement of the function through a
private contractor will result in savings to the Government
over the life of the contract;
``(D) certify that the entire comparison is available for
examination; and
``(E) contain a timetable for completing change of the
function to contractor performance.
``(2) The actual change of the function to contractor performance
may not begin until after the submission of the report required by this
subsection.''.
(b) Conforming Amendments.--(1) Subsections (e)(2) and (f)(1) of
such section are amended by striking out ``converted'' and inserting in
lieu thereof ``changed''.
(2) Subsection (f)(2) of such section is amended by striking out
``conversion'' and inserting in lieu thereof ``change''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act but shall not apply
with respect to conversion of a function of the Department of Defense
to performance by a private contractor concerning which the Secretary
of Defense provided to Congress, before the date of the enactment of
this Act, a notification under paragraph (1) of section 2461(a) of
title 10, United States Code, as in effect on the day before the date
of the enactment of this Act.
SEC. 332. CLARIFICATION OF REQUIREMENT TO MAINTAIN GOVERNMENT-OWNED AND
GOVERNMENT-OPERATED CORE LOGISTICS CAPABILITY.
Section 2464 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Rule of Construction.--The requirement under subsection (a)
that the Department of Defense maintain a core logistics capability
that is Government-owned and Government-operated is not satisfied when
a core logistics workload is converted to contractor performance even
though the actual performance of the workload will be carried out in a
Government-owned, Government-operated facility of the Department of
Defense as a subcontractor of the private contractor. Nothing in
section 2474 of this title or section 337 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2717) authorizes the use of subcontracts as a means to provide
workloads to Government-owned, Government-operated facilities of the
Department of Defense in order to satisfy paragraph (4) of subsection
(a).''.
SEC. 333. OVERSIGHT OF DEVELOPMENT AND IMPLEMENTATION OF AUTOMATED
IDENTIFICATION TECHNOLOGY.
(a) Smartcard Program Defined.--In this section, the term
``smartcard program'' means an automated identification technology
program, including any pilot program, employing one or more of the
following technologies:
(1) Magnetic stripe.
(2) Bar codes, both linear and two-dimensional (including
matrix symbologies).
(3) Smartcard.
(4) Optical memory.
(5) Personal computer memory card international association
carriers.
(6) Other established or emerging automated identification
technologies, including biometrics and radio frequency
identification.
(b) Oversight Responsibility.--(1) The Smartcard Technology Office
established in the Defense Human Resources Field Activity of the
Department of Defense shall be responsible for--
(A) overseeing the development and implementation of all
smartcard programs in the Department; and
(B) coordinating smartcard programs with the Joint Staff,
the Secretaries of the military departments, and the directors
of the Defense Agencies.
(2) After the date of the enactment of this Act, funds appropriated
for the Department of Defense may not be obligated for a smartcard
program unless the program is reviewed and approved by the Smartcard
Technology Office. The review and approval before that date of a
smartcard program by the Office is sufficient to satisfy the
requirements of this paragraph.
(c) Types of Oversight.--As part of its oversight responsibilities,
the Smartcard Technology Office shall establish standards designed--
(1) to ensure the compatibility and interoperability of
smartcard programs in the Department of Defense; and
(2) to identify and terminate redundant, unfeasible, or
uneconomical smartcard programs.
SEC. 334. CONDITIONS ON EXPANSION OF FUNCTIONS PERFORMED UNDER PRIME
VENDOR CONTRACTS.
(a) Prime Vendor Contract Defined.--For purposes of this section,
the term ``prime vendor contract'' means an innovative contract that
gives a defense contractor the responsibility to manage, store, and
distribute inventory, manage and provide services, or manage and
perform research, on behalf of the Department of Defense on a frequent,
regular basis, for users within the Department on request. The term
includes contracts commonly referred to as prime vendor support
contracts, flexible sustainment contracts, and direct vendor delivery
contracts.
(b) Conditions on Expanded Use.--If the Secretary of Defense or the
Secretary of a military department proposes to enter into a prime
vendor contract for a hardware system, including the performance or
management of depot-level maintenance and repair (as defined in section
2460 of title 10, United States Code) or logistics management
responsibilities, the Secretary may not enter into the prime vendor
contract until the end of the 60-day period beginning on the date on
which the Secretary submits to Congress a report, specific to that
proposal, that--
(1) describes the competitive procedures to be used to
award the prime vendor contract;
(2) evaluates the effect of the prime vendor contract on
working-capital funds in the Department of Defense; and
(3) contains a cost/benefit analysis that demonstrates that
use of the prime vendor contract will result in savings to the
Government over the life of the contract.
(c) Comptroller General Review.--During the waiting period provided
in subsection (b) for a proposed prime vendor contract, the Comptroller
General shall review the report submitted under subsection (b) with
respect to that contract and submit to Congress a report regarding--
(1) whether the cost savings to the Government identified
in the report submitted under subsection (b) are achievable;
and
(2) whether use of a prime vendor contract will comply with
the requirements of chapter 146 of title 10, United States
Code, applicable to depot-level maintenance and repair.
(d) Relationship to Other Laws.--Nothing in this section shall be
construed to exempt a prime vendor contract from the requirements of
section 2461 of title 10, United States Code, or any other provision of
chapter 146 of such title.
SEC. 335. CLARIFICATION OF DEFINITION OF DEPOT-LEVEL MAINTENANCE AND
REPAIR.
Section 2460(a) of title 10, United States Code, is amended by
inserting before the period at the end of the first sentence the
following: ``or the location at which the maintenance or repair is
performed''.
SEC. 336. CLARIFICATION OF COMMERCIAL ITEM EXCEPTION TO REQUIREMENTS
REGARDING CORE LOGISTICS CAPABILITIES.
Section 2464(a)(5) of title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(5)'';
(2) by adding at the end of subparagraph (A), as so
designated, the following: ``The determination of whether a
modification is minor shall be based on a comparison of only
the critical systems of the version sold in the commercial
marketplace and the version purchased by the Government, and a
modification may not be considered to be minor unless at least
90 percent of the total content by component value remains
identical.''; and
(3) by adding at the end the following new subparagraph:
``(B) In this paragraph, the term `substantial quantities' means,
with respect to determining whether an item is a commercial item, that
purchases and leases of the item to the general public constitute the
majority of all transactions involving the item at the time the
exception under paragraph (3) is proposed to be exercised.''.
SEC. 337. DEVELOPMENT OF PLAN FOR ESTABLISHMENT OF CORE LOGISTICS
CAPABILITIES FOR MAINTENANCE AND REPAIR OF C-17 AIRCRAFT.
(a) Findings.--Congress finds the following:
(1) The C-17 aircraft, which is replacing the C-141
aircraft, will serve as the cornerstone of heavy airlift
capability of the Armed Forces.
(2) The C-17 aircraft achieved initial operational
capability in January 1995 and will complete the significant
fourth year of its operational capability in January 1999.
(3) As provided in section 2464(a)(3) of title 10, United
States Code, the C-17 aircraft is a weapon system that is
``necessary to enable the armed forces to fulfill the strategic
and contingency plans prepared by the Chairman of the Joint
Chiefs of Staff''.
(4) The depot-level maintenance and repair of such a weapon
system must be performed at Government-owned, Government-
operated facilities of the Department of Defense in order to
maintain the core logistics capabilities of the Department of
Defense, as required under such section 2464.
(5) The sole-source contract entered into in January 1998
regarding the depot-level maintenance and repair of C-17
aircraft and related tasks, known as the Interim Contract for
the C-17 Flexible Sustainment Program, does not meet the
requirements of law.
(b) Plan Required.--Not later than March 1, 1999, the Secretary of
the Air Force shall submit to Congress a plan for the establishment of
the core logistics capabilities for the C-17 aircraft consistent with
the requirements of section 2464 of title 10, United States Code.
(c) Effect on Existing Contract.--After March 1, 1999, the
Secretary of the Air Force may not extend the Interim Contract for the
C-17 Flexible Sustainment Program until after the end of the 60-day
period beginning on the date the plan required by subsection (b) is
received by Congress.
(d) Comptroller General Review.--During the period specified in
subsection (c), the Comptroller General shall review the plan required
under subsection (b) and submit to Congress a report evaluating the
merits of the plan.
SEC. 338. CONTRACTOR-OPERATED CIVIL ENGINEERING SUPPLY STORES PROGRAM.
(a) Definitions.--In this section:
(1) The term ``contractor-operated civil engineering supply
store'' means a Government-owned facility that, as of the date
of the enactment of this Act, is operated by a contractor under
the contractor-operated civil engineering supply store (COCESS)
program of the Department of the Air Force for the purpose of--
(A) maintaining inventories of civil engineering
supplies on behalf of a military department; and
(B) furnishing such supplies to the department as
needed.
(2) The term ``civil engineering supplies'' means parts and
supplies needed for the repair and maintenance of military
installations.
(b) Findings.--Congress finds the following:
(1) In 1970, the Strategic Air Command of the Air Force
began to use contractor-operated civil engineering supply
stores to improve the efficiency and effectiveness of materials
management and relieve the Air Force from having to maintain
large inventories of civil engineering supplies.
(2) Contractor-operated civil engineering supply stores are
designed to support the civil engineering and public works
efforts of the Armed Forces through the provision of quality
civil engineering supplies at competitive prices and within a
reasonable period of time.
(3) Through the use of a contractor-operated civil
engineering supply store, a guaranteed inventory level of civil
engineering supplies is maintained at a military installation,
which ensures that urgently needed civil engineering supplies
are available on site.
(4) The contractor operating the contractor-operated civil
engineering supply store is an independent business
organization whose customer is a military department and the
Armed Forces and who is subject to all the rules of private
business and the regulations of the Government.
(5) The use of contractor-operated civil engineering supply
stores ensures the best price and best buy for the Government.
(6) Ninety-five percent of the cost savings realized
through the use of contractor-operated civil engineering supply
stores is due to savings in the cost of actually procuring
supplies.
(7) In the past 30 years, private contractors have never
lost a cost comparison conducted pursuant to the criteria set
forth in Office of Management and Budget Circular A-76 for the
provision of civil engineering supplies to the Government.
(c) Conditions on Multi-Function Contracts.--A civil engineering
supplies function that is performed, as of the date of the enactment of
this Act, by a contractor-operated civil engineering supply store may
not be combined with another supply function or any service function,
including any base operating support function, for purposes of
competition or contracting, until--
(1) the Secretary of Defense submits to Congress a report--
(A) notifying Congress of the proposed combined
competition or contract; and
(B) explaining why a combined competition or
contract is the best method by which to achieve cost
savings and efficiencies to the Government; and
(2) the Comptroller General reviews the report and submits
to Congress a briefing regarding whether the cost savings and
efficiencies identified in the report are achievable.
(d) Relationship to Other Laws.--If a civil engineering supplies
function covered by subsection (c) is proposed for combination with a
supply or service function that is subject to the study and reporting
requirements of section 2461 of title 10, United States Code, the
Secretary of Defense may include the report required under subsection
(c) as part of the report under such section.
SEC. 339. REPORT ON SAVINGS AND EFFECT OF PERSONNEL REDUCTIONS IN ARMY
MATERIEL COMMAND.
(a) Report Required.--Not later than March 31, 1999, the
Comptroller General shall submit to the congressional defense
committees a report concerning--
(1) the effect that the proposed personnel reductions in
the Army Materiel Command will have on workload and readiness
if implemented; and
(2) the likelihood that the cost savings projected to occur
from such reductions will actually be achieved.
(b) Delay in Implementation of Reductions Pending Report.--During
the period specified in subsection (c), the Secretary of Defense and
the Secretary of the Army may not commence personnel reductions based
on the guidelines contained in the May 1997 report of the Quadrennial
Defense Review (including the National Defense Panel) prepared pursuant
to subtitle B of title IX of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 111 note) at any Army
Material Command facility that provides depot-level maintenance and
repair or at any Army Arsenal.
(c) Duration of Delay.--Subsection (b) applies only during the
period beginning on the date of the enactment of this Act and ending on
the earlier of the following:
(1) March 31, 1999.
(2) The date on which the report required by subsection (a)
is submitted.
Subtitle E--Commissaries and Nonappropriated Fund Instrumentalities
SEC. 341. CONTINUATION OF MANAGEMENT AND FUNDING OF DEFENSE COMMISSARY
AGENCY THROUGH THE OFFICE OF THE SECRETARY OF DEFENSE.
Section 192 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Special Rule for Defense Commissary Agency.--Notwithstanding
the results of the periodic review required under subsection (c) with
regard to the Defense Commissary Agency, the Secretary of Defense may
not transfer to the Secretary of a military department the
responsibility to manage and fund the provision of services and
supplies provided by the Defense Commissary Agency unless the transfer
of the management and funding responsibility is specifically authorized
by a law enacted after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 1999.''.
SEC. 342. EXPANSION OF CURRENT ELIGIBILITY OF RESERVES FOR COMMISSARY
BENEFITS.
(a) Days of Eligibility for Ready Reserve Members With 50
Creditable Points.--Section 1063 of title 10, United States Code, is
amended--
(1) by striking out subsection (b); and
(2) in subsection (a)--
(A) by striking out ``(1)'';
(B) by striking out ``12 days of eligibility'' and
inserting in lieu thereof ``24 days of eligibility'';
and
(C) by striking out ``(2) Paragraph (1)'' and
inserting in lieu thereof ``(b) Effect of Compensation
or Type of Duty.--Subsection (a)''.
(b) Days of Eligibility for Reserve Retirees Under Age 60.--Section
1064 of such title is amended by striking out ``for 12 days each
calendar year'' and inserting in lieu thereof ``for 24 days each
calendar year''.
(c) Eligibility of Members of National Guard Serving in Federally
Declared Disaster.--Chapter 54 of such title is amended by inserting
after section 1063 the following new section:
``Sec. 1063a. Use of commissary stores and MWR retail facilities:
members of National Guard serving in federally declared
disaster
``(a) Eligibility of Members.--A member of the National Guard who,
although not in Federal service, is called or ordered to duty in
response to a federally declared disaster shall be permitted to use
commissary stores and MWR retail facilities during the period of such
duty on the same basis as members of the armed forces on active duty.
``(b) Eligibility of Dependents.--A dependent of a member of the
National Guard who is permitted under subsection (a) to use commissary
stores and MWR retail facilities shall be permitted to use such stores
and facilities, during the same period as the member, on the same basis
as dependents of members of the armed forces on active duty.
``(c) Definitions.--In this section:
``(1) Federally declared disaster.--The term `federally
declared disaster' means a disaster or other situation for
which a Presidential declaration of major disaster is issued
under section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170).
``(2) MWR retail facilities.--The term `MWR retail
facilities' means exchange stores and other revenue-generating
facilities operated by nonappropriated fund activities of the
Department of Defense for the morale, welfare, and recreation
of members of the armed forces.''.
(d) Section Headings.--(1) The heading of section 1063 of such
title is amended to read as follows:
``Sec. 1063. Use of commissary stores: members of Ready Reserve with at
least 50 creditable points''.
(2) The heading of section 1064 of such title is amended to read as
follows:
``Sec. 1064. Use of commissary stores: persons qualified for retired
pay under chapter 1223 but under age 60''.
(e) Clerical Amendment.--The table of sections at the beginning of
chapter 54 of such title is amended by striking out the items relating
to sections 1063 and 1064 and inserting in lieu thereof the following
items:
``1063. Use of commissary stores: members of Ready Reserve with at
least 50 creditable points.
``1063a. Use of commissary stores and MWR retail facilities: members of
National Guard serving in federally
declared disaster.
``1064. Use of commissary stores: persons qualified for retired pay
under chapter 1223 but under age 60.''.
SEC. 343. REPEAL OF REQUIREMENT FOR AIR FORCE TO SELL TOBACCO PRODUCTS
TO ENLISTED PERSONNEL.
(a) Repeal.--Section 9623 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 939 of such title is amended by striking out the item relating
to section 9623.
SEC. 344. RESTRICTIONS ON PATRON ACCESS TO, AND PURCHASES IN, OVERSEAS
COMMISSARIES AND EXCHANGE STORES.
(a) Authority to Impose Restrictions; Limitations on Authority.--
Chapter 147 of title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 2491. Overseas commissary and exchange stores: access and
purchase restrictions
``(a) General Authority.--The Secretary of Defense may establish
restrictions on the ability of eligible patrons of commissary and
exchange stores located outside of the United States to purchase
certain merchandise items (or the quantity of certain merchandise
items) otherwise included within an authorized merchandise category if
the Secretary determines that such restrictions are necessary to
prevent the resale of such merchandise in violation of host nation laws
or treaty obligations of the United States. In establishing a quantity
or other restriction, the Secretary shall ensure that the restriction
is consistent with the purpose of the overseas commissary and exchange
system to provide reasonable access for eligible patrons to purchase
merchandise items made in the United States.
``(b) Controlled Item Lists.--For each location outside the United
States that is served by the commissary system or the exchange system,
the Secretary of Defense may maintain a list of controlled merchandise
items, except that, after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 1999, the Secretary may not
change the list to add a merchandise item unless, before making the
change, the Secretary submits to Congress a notice of the proposed
addition and the reasons for the addition of the item.
``(c) Special Rules for Korea.--(1) The Secretary of Defense may
not prohibit a dependent who resides in Korea, is at least 21 years of
age, and is otherwise eligible to use the commissary and exchange
system, from purchasing alcoholic beverages through the commissary and
exchange system. Quantity restrictions on the purchase of alcoholic
beverages may be imposed, and any such restriction may be enforced
through the use of an issued ration control device, but a dependent may
not be required to sign for any purchase. A quantity restriction on
malt beverages may not restrict purchases to fewer than eight cases, of
24-units per case, per month. Daily or weekly restrictions on malt
beverage purchases may not be imposed. The purchase of malt beverages
may be recorded on a ration control device, but eligible patrons may
not be required to sign for any purchase.
``(2) A dependent residing in Korea who is at least 18 years of age
and otherwise eligible to use the commissary and exchange system may
purchase tobacco products on the same basis as other eligible patrons
of the commissary and exchange system.
``(3) Eligible patrons of the commissary and exchange system who
are traveling through a military air terminal in Korea shall be
authorized to the purchase sundry items, including tobacco products, on
a temporary basis during the normal operating hours of commissary and
exchange stores operated in connection with the terminal.
``(4) In applying restrictions to dependents of members of the
armed forces, the Secretary of Defense may not differentiate between a
dependent whose movement to Korea was authorized at the expense of the
United States under section 406 of title 37 and other dependents
residing in Korea.
``(d) Reporting Requirements.--The Secretary of Defense shall
submit to Congress an annual report describing the host nation laws and
the treaty obligations of the United States, and the conditions within
host nations, that necessitate the use of quantity or other
restrictions on purchases in commissary and exchange stores located
outside the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2491. Overseas commissary and exchange stores: access and purchase
restrictions.''.
SEC. 345. EXTENSION OF DEMONSTRATION PROJECT FOR UNIFORM FUNDING OF
MORALE, WELFARE, AND RECREATION ACTIVITIES.
Section 335 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 10 U.S.C. 2241 note) is amended--
(1) in subsection (c), by striking out ``not later than
September 30, 1998'' and inserting in lieu thereof ``on
September 30, 1999''; and
(2) in subsection (e)(2), by striking out ``a final report
on the results'' and inserting in lieu thereof ``an additional
report on the progress''.
SEC. 346. PROHIBITION ON CONSOLIDATION OR OTHER ORGANIZATIONAL CHANGES
OF DEPARTMENT OF DEFENSE RETAIL SYSTEMS.
(a) Defense Retail Systems Defined.--For purposes of this section,
the term ``defense retail systems'' means the defense commissary system
and exchange stores and other revenue-generating facilities operated by
nonappropriated fund activities of the Department of Defense for the
morale, welfare, and recreation of members of the Armed Forces.
(b) Prohibition.--The operation and administration of the defense
retail systems may not be consolidated or otherwise changed, and a
study or review may not be commenced regarding the need for or merits
of such a consolidation or change, unless the consolidation, change,
study, or review is specifically authorized by a law enacted after the
date of the enactment of this Act.
(c) Effect on Existing Study.--Nothing in this section shall be
construed to prohibit the study of defense retail systems, known as the
``Joint Exchange Due Diligence Study'', which is underway on the date
of the enactment of this Act pursuant to a contract awarded by the
Department of the Navy on April 21, 1998, except that any
recommendation contained in the completed study regarding the operation
or administration of the defense retail systems may not be implemented
unless implementation of the recommendation is specifically authorized
by a law enacted after the date of the enactment of this Act.
SEC. 347. AUTHORIZED USE OF APPROPRIATED FUNDS FOR RELOCATION OF NAVY
EXCHANGE SERVICE COMMAND.
The Navy Exchange Service Command is not required to reimburse the
United States for appropriated funds allotted to the Navy Exchange
Service Command during fiscal years 1994, 1995, and 1996 to cover costs
incurred by the Navy Exchange Service Command to relocate to Virginia
Beach, Virginia, and to lease headquarters space in Virginia Beach.
SEC. 348. EVALUATION OF MERIT OF SELLING MALT BEVERAGES AND WINE IN
COMMISSARY STORES AS EXCHANGE SYSTEM MERCHANDISE.
(a) Patron Survey.--(1) The Secretary of Defense shall enter into a
contract with a commercial survey firm to 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.
(2) The survey shall be conducted at not less than three military
installations in the United States of each of the Armed Forces (other
than the Coast Guard).
(3) The survey shall be completed, and the results submitted to the
Secretary of Defense, not later than November 30, 1998.
(b) Demonstration Project.--(1) After consideration of the survey
results, the Secretary of Defense may conduct a demonstration project
at seven military installations in the United States (two Army
installations, two Air Force installations, two Navy installations, and
one Marine Corps installation) to evaluate the merit of selling malt
beverages and wine in commissary stores as exchange store merchandise.
Under the demonstration project, the Secretary may sell malt beverages
and wine in commissary stores as exchange store merchandise
notwithstanding the general requirement that merchandise sold in, at,
or by commissary stores be commissary store inventory.
(2) The demonstration project may only be conducted in States where
it is legal to sell malt beverages and wine in grocery stores.
(3) Not later than February 1, 1999, the Secretary of Defense shall
determine whether to conduct the demonstration project. Any such
demonstration project shall be completed not later than September 30,
2000.
(c) Report.--(1) If the Secretary of Defense conducts a
demonstration project under subsection (b), the Secretary shall submit
to Congress a report describing the results of the demonstration
project. The report shall include a description of patron views, the
impact on commissary sales, the impact on exchange sales, and the
impact, if any, on dividends for morale, welfare, and recreation
activities.
(2) The report shall be submitted not later than March 1, 2000.
(d) Limitation.--Nothing in this section shall be construed to
authorize the sale of malt beverages and wine in commissary stores as
commissary store inventory.
Subtitle F--Other Matters
SEC. 361. ELIGIBILITY REQUIREMENTS FOR ATTENDANCE AT DEPARTMENT OF
DEFENSE DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY
SCHOOLS.
(a) Dependents of Members Residing in Certain Areas.--Subsection
(a) of section 2164 of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``If'';
(2) by designating the second sentence as paragraph (2);
and
(3) by adding at the end of paragraph (2) (as so
designated) the following new sentence: ``If a member of the
armed forces is assigned to a remote location or is assigned to
an unaccompanied tour of duty, a dependent of the member who
resides, on or off a military installation, in a territory,
commonwealth, or possession of the United States, as authorized
by the member's orders, may be enrolled in an educational
program provided by the Secretary under this subsection.''.
(b) Waiver of Five-Year Attendance Limitation.--Subsection (c)(2)
of such section is amended by striking out subparagraph (B) and
inserting in lieu thereof the following new subparagraph:
``(B) At the discretion of the Secretary, a dependent referred to
in subparagraph (A) may be enrolled in the program for more than five
consecutive school years if the dependent is otherwise qualified for
enrollment, space is available in the program, and the Secretary will
be reimbursed for the services provided. Any such extension shall cover
only one school year at a time.''.
SEC. 362. SPECIFIC EMPHASIS OF PROGRAM TO INVESTIGATE FRAUD, WASTE, AND
ABUSE WITHIN DEPARTMENT OF DEFENSE.
Section 392 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 10 U.S.C. 113 note) is amended by
inserting before the period the following: ``and any fraud, waste, and
abuse occurring in connection with overpayments made to vendors by the
Department of Defense, including overpayments identified under section
354 of the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 10 U.S.C. 2461 note)''.
SEC. 363. REVISION OF INSPECTION REQUIREMENTS RELATING TO ARMED FORCES
RETIREMENT HOME.
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) Periodic Inspection.--The Inspector Generals of the military
departments shall conduct, at three-year intervals, an inspection of
the Retirement Home and the records of the Retirement Home. Each
inspection under this subsection shall be performed by a single
Inspector General on an alternating basis.
``(b) Report.--The Inspector General of a military department who
performs an inspection of the Retirement Home under subsection (a)
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.''.
SEC. 364. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) Continuation of Department of Defense Program for Fiscal Year
1999.--Of the amount authorized to be appropriated pursuant to section
301(5) for operation and maintenance for Defense-wide activities--
(1) $30,000,000 shall be available only for the purpose of
providing educational agencies assistance (as defined in
subsection (d)(1)) to local educational agencies; and
(2) $5,000,000 shall be available only for the purpose of
making educational agencies payments (as defined in subsection
(d)(2)) to local educational agencies.
(b) Notification.--Not later than June 30, 1999, the Secretary of
Defense shall--
(1) notify each local educational agency that is eligible
for educational agencies assistance for fiscal year 1999 of
that agency's eligibility for such assistance and the amount of
such assistance for which that agency is eligible; and
(2) notify each local educational agency that is eligible
for an educational agencies payment for fiscal year 1999 of
that agency's eligibility for such payment and the amount of
the payment for which that agency is eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall disburse
funds made available under paragraphs (1) and (2) of subsection (a) not
later than 30 days after the date on which notification to the eligible
local educational agencies is provided pursuant to subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 20 U.S.C. 7703 note).
(2) The term ``educational agencies payments'' means
payments authorized under section 386(d) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 20 U.S.C. 7703 note).
(3) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 365. STRATEGIC PLAN FOR EXPANSION OF DISTANCE LEARNING
INITIATIVES.
(a) Development of Plan.--The Secretary of Defense shall develop a
strategic plan for guiding and expanding distance learning initiatives
in the Department of Defense. The strategic plan shall cover the five-
year period beginning on October 1, 1999.
(b) Elements of Plan.--The strategic plan required by this section
shall contain at a minimum the following elements:
(1) Measurable goals and objectives, including outcome-
related performance indicators, for developing distance
learning initiatives in the Department that would be consistent
with the principles of the Government Performance and Results
Act of 1993 (section 306 of title 5 and sections 1115 through
1119, 9703, and 9704 of title 31).
(2) A description of the manner in which distance learning
initiatives will be developed and managed in the Department.
(3) An estimate of the costs and benefits associated with
developing and maintaining an infrastructure in the Department
to support distance learning initiatives and a statement of
planned expenditures for investments necessary to build and
maintain the infrastructure.
(4) A description of mechanisms that will be used to
oversee the development and coordination of distance learning
initiatives in the Department.
(c) Consideration of Current Effort.--In developing the strategic
plan required by this section, the Secretary of Defense may recognize
the collaborative distance learning effort of the Department of Defense
and other Federal agencies and private industry (known as the Advanced
Distribution Learning initiative), but the strategic plan shall be
specific to the goals and objectives of the Department.
(d) Submission of Plan.--Not later than March 1, 1999, the
Secretary of Defense shall submit to Congress the completed strategic
plan required by this section.
SEC. 366. PUBLIC AVAILABILITY OF OPERATING AGREEMENTS BETWEEN MILITARY
INSTALLATIONS AND FINANCIAL INSTITUTIONS.
With respect to an agreement between the commander of a military
installation in the United States (or the designee of an installation
commander) and a financial institution that permits, allows, or
otherwise authorizes the provision of financial services by the
financial institution on the military installation, nothing in the
terms or nature of such an agreement shall be construed to exempt the
agreement from the provisions of sections 552 and 552a of title 5,
United States Code.
SEC. 367. DEPARTMENT OF DEFENSE READINESS REPORTING SYSTEM.
(a) Establishment of System.--(1) Chapter 2 of title 10, United
States Code, is amended by inserting after section 116 the following
new section:
``Sec. 117. Readiness reporting system: establishment; reporting to
congressional committees
``(a) Required Readiness Reporting System.--The Secretary of
Defense shall establish a comprehensive readiness reporting system for
the Department of Defense. The readiness reporting system shall measure
in an objective, accurate, and timely manner the capability of the
armed forces to carry out--
``(1) the National Security Strategy prescribed by the
President in the most recent annual national security strategy
report under section 108 of the National Security Act of 1947
(50 U.S.C. 404a);
``(2) the defense planning guidance provided by the
Secretary of Defense pursuant to section 113(g) of this title;
and
``(3) the National Military Strategy prescribed by the
Chairman of the Joint Chiefs of Staff.
``(b) Readiness Reporting System Characteristics.--In establishing
the readiness reporting system, the Secretary shall ensure--
``(1) that the readiness reporting system is applied
uniformly throughout the Department of Defense;
``(2) that information in the readiness reporting system is
continually updated, with any change in the overall readiness
status of a unit, of an element of the training establishment,
or an element of defense infrastructure that is required to be
reported as part of the readiness reporting system shall be
reported within 24 hours of the event necessitating the change
in readiness status; and
``(3) that sufficient resources are provided to establish
and maintain the system so as to allow reporting of changes in
readiness status as required by this section.
``(c) Capabilities.--The readiness reporting system shall have the
capability to do the following:
``(1) Measure the capability of units (both as elements of
their respective armed force and as elements of joint forces)
to conduct their assigned wartime missions.
``(2) Measure the capability of training establishments to
provide trained and ready forces for wartime missions.
``(3) Measure the capability of defense installations and
facilities and other elements of Department of Defense
infrastructure, both in the United States and abroad, to
provide appropriate support to forces in the conduct of their
wartime missions.
``(4) Measure critical warfighting deficiencies in unit
capability, training establishments, and defense
infrastructure.
``(5) Measure the level of current risk based upon the
readiness reporting system relative to the capability of forces
to carry out their wartime missions.
``(6) Measure such other factors relating to readiness as
the Secretary prescribes.
``(d) Periodic Joint Readiness Review.--The Chairman of the Joint
Chiefs of Staff shall periodically, and not less frequently than
monthly, conduct a joint readiness review. The Chairman shall
incorporate into each such review the current information derived from
the readiness reporting system and shall assess the capability of the
armed forces to execute their wartime missions based upon their posture
at the time of the review. The Chairman shall submit to the Secretary
of Defense the results of each review, including the deficiencies in
readiness identified during that review.
``(e) Submission to Congressional Committees.--The Secretary shall
each month submit to the Committee on Armed Services and the Committee
on Appropriations of the Senate and the Committee on National Security
and the Committee on Appropriations of the House of Representatives a
report in writing containing the complete results of each review under
subsection (d) during the preceding month, including the current
information derived from the readiness reporting system. Each such
report shall be submitted in unclassified form and may, as the
Secretary determines necessary, also be submitted in classified form.
``(f) Regulations.--The Secretary shall prescribe regulations to
carry out this section. In those regulations, the Secretary shall
prescribe the units that are subject to reporting in the readiness
reporting system, what type of equipment is subject to such reporting,
and the elements of the training establishment and of defense
infrastructure that are subject to such reporting.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 116 the
following new item:
``117. Readiness reporting system: establishment; reporting to
congressional committees.''.
(b) Implementation.--The Secretary of Defense shall establish and
implement the readiness reporting system required by section 117 of
title 10, United States Code, as added by subsection (a), so as to
ensure that the capabilities required by subsection (c) of that section
are attained not later than July 1, 1999.
(c) Implementation Plan.--Not later than March 1, 1999, the
Secretary of Defense shall submit to Congress a report setting forth
the Secretary's plan for implementation of section 117 of title 10,
United States Code, as added by subsection (a).
(d) Repeal of Quarterly Readiness Report Requirement.--Effective
July 1, 1999, or the date on which the first report of the Secretary of
Defense is submitted under section 117(d) of title 10, United States
Code, as added by subsection (a), whichever is later--
(1) section 482 of title 10, United States Code, is
repealed; and
(2) the table of sections at the beginning of chapter 23 of
such title is amended by striking out the item relating to that
section.
SEC. 368. TRAVEL BY RESERVISTS ON CARRIERS UNDER CONTRACT WITH GENERAL
SERVICES ADMINISTRATION.
(a) Reserve Use of Federal Supply Transportation.--Chapter 1217 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 12603. Travel: use of carriers under contract with General
Services Administration
``A member of a reserve component who requires transportation in
order to perform inactive duty training may use a carrier under
contract with the General Services Administration to provide the
transportation. The transportation shall be provided by the carrier in
the same manner as transportation is provided to members of the armed
forces and civilian employees who are traveling at Government expense,
except that the Reserve is responsible for the cost of the travel at
the contract rate. The Secretary concerned may require the Reserve to
use a Government approved travel card to ensure that the transportation
is procured for the purpose of performing inactive duty training.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by adding at the end the following new item:
``12603. Travel: use of carriers under contract with General Services
Administration.''.
Subtitle G--Demonstration of Commercial-Type Practices To Improve
Quality of Personal Property Shipments
SEC. 381. DEMONSTRATION PROGRAM REQUIRED.
(a) In General.--The Secretary of Defense shall conduct a
demonstration program, to be known as the ``Commercial-Like Activities
for Superior Quality Demonstration Program'', pursuant to this subtitle
to test commercial-style practices to improve the quality of personal
property shipments within the Department of Defense.
(b) Definitions.--In this subtitle:
(1) The term ``CLASS Demonstration Program'' means the
Commercial-Like Activities for Superior Quality Demonstration
Program required by subsection (a).
(2) The term ``affiliated'' means an entity that is owned
and controlled by another entity or an independently owned
entity whose day-to-day business operations are controlled by
another entity.
(3) The term ``best value CLASS score'' means a weighted
score that reflects an eligible provider's past performance
rating score and the schedules of charges for services
provided.
(4) The term ``broker'' means an entity, described in
section 13102(2) of title 49, United States Code, that conducts
operations on behalf of the Military Traffic Management Command
and possesses appropriate authority from the Department of
Transportation or an appropriate State regulatory agency to
arrange for the transportation of personal property in
interstate, intrastate, or foreign commerce.
(5) The term ``freight forwarder'' means an entity that
provides the services described in section 13102(8) of title
49, United States Code, in interstate, intrastate, or foreign
commerce and possesses the authority to provide such services
from the Department of Transportation or an appropriate State
regulatory agency.
(6) The term ``motor carrier'' means an entity that uses
motor vehicles to transport personal property in interstate,
intrastate, or foreign commerce and possesses the authority to
provide such services from the Department of Transportation or
an appropriate State regulatory agency.
(7) The term ``motor vehicles'' has the meaning given such
term in section 13102(14) of title 49, United States Code.
(8) The term ``move management services provider'' means an
entity that provides certain services in connection with the
shipment of the household goods of a member of the Armed
Forces, such as arranging, coordinating, and monitoring the
shipment.
(9) The term ``test plan'' means the plan prepared under
section 384 for the conduct of the CLASS Demonstration Program.
SEC. 382. GOALS OF DEMONSTRATION PROGRAM.
The goals of the CLASS Demonstration Program are to--
(1) adopt commercial-style practices to improve the quality
of Department of Defense personal property shipments within the
United States and to foreign locations;
(2) adopt simplified acquisition procedures for the
selection of contractors qualified to provide various types of
personal property shipping services and for the award of
individual orders to such contractors;
(3) assure ready access of the Department of Defense to a
sufficient number of qualified providers of personal property
shipping to permit timely shipments during periods of high
demand for such services;
(4) assure maximum practicable opportunities for small
business concerns to participate as prime contractors rather
than subcontractors;
(5) empower Installation Transportation Officers to assure
that the personal property shipping needs of individual members
of the Armed Forces are met in a timely manner by quality
contractors who minimize opportunities for damage; and
(6) provide for the expedited resolution of claims for
damaged or lost property through direct settlement negotiations
between the service provider and the member of the Armed Forces
who sustains the loss, with commercial-like arbitration
available to the member with the assistance of the military
department concerned.
SEC. 383. PROGRAM PARTICIPANTS.
(a) Eligible Service Providers.--(1) Any motor carrier, freight
forwarder, or broker regularly providing personal property shipping
services that is approved by the Military Traffic Management Command to
provide such services to the Department of Defense is eligible to
participate in the CLASS Demonstration Program. A motor carrier
providing domestic personal property shipping services shall not be
precluded from providing such services to international destinations
through an affiliated freight forwarder.
(2) If a motor carrier is affiliated with another motor carrier or
freight forwarder that also seeks qualification to participate in the
CLASS Demonstration Program, the affiliate must demonstrate that it
also conducts independent regular motor carrier operations using motor
vehicles or independent freight forwarding services described in
subparagraph (A), (B), or (C) of section 13102(8) of title 49, United
States Code. If a freight forwarder is affiliated with another freight
forwarder or motor carrier that also seeks qualification to participate
in the program, the affiliate must demonstrate that it also conducts
regular independent operations.
(b) Move Management Services Providers.--The test plan may provide
for the participation of a broker providing move management services. A
move management service provider shall be compensated for providing
such services solely by the Department of Defense. The test plan shall
prohibit a move management services provider from obtaining a
commission (or similar type of payment however denominated) from a
motor carrier or freight forwarder providing the personal property
shipping services.
(c) Demonstration Program Participants.--Eligible service providers
shall be offered participation in the CLASS Demonstration Program on
the basis of their best value CLASS score. Each eligible service
provider's best value CLASS score shall be computed in a manner that
assigns 70 percent of the weighted average to the provider's past
performance rating and 30 percent to the provider's offered prices.
SEC. 384. TEST PLAN.
(a) In General.--The CLASS Demonstration Program shall be conducted
pursuant to a test plan.
(b) Components of the Test Plan.--In addition to such other matters
as the Secretary of Defense considers appropriate, the test plan shall
include the following components:
(1) Rating past performance.--A past performance rating
score shall be developed for each eligible service provider
based on--
(A) evaluations from service members who have
received personal property shipping services during a
specified six-month rating period prior to the
commencement of the CLASS Demonstration Program; or
(B) a rating of comparable personal property
shipping services provided to non-Department of Defense
customers during the same rating period, if an eligible
provider did not make a sufficient number of military
personal property shipments during the rating period to
be assigned a rating pursuant to subparagraph (A).
(2) Participation by quality service providers.--A minimum
best value CLASS score shall be established for participation
in the CLASS Demonstration Program. In establishing the minimum
score for participation, consideration shall be given to
assuring access to sufficient numbers of service providers to
meet the needs of members of the Armed Forces during periods of
high demand for such personal property shipping services.
(3) Simplified acquisition procedures.--The CLASS
Demonstration Program shall make use of simplified acquisition
procedures similar to those provided in section 2304(g)(1)(A)
of title 10, United States Code.
(4) Pricing.--The test plan shall specify pricing policies
to be met by the CLASS Demonstration Program participants. The
pricing policies shall reflect the following:
(A) Domestic pricing shall be based on the
contemporary Household Goods Carriers Commercial Tariff
400-M, or subsequent reissues thereof, applicable to
commercial domestic shipments with discounts and
adjustments for States outside the continental United
States.
(B) So-called single factor rates for international
shipments.
(C) Full value protection for a shipment based on
the actual cash value of the contents of the shipment
with liability limited on a per pound basis as well as
a total-value basis.
(5) Allocation of orders.--Orders to provide personal
property shipping services shall be allocated by the
appropriate Installation Transportation Officer taking into
consideration--
(A) the service provider's best value CLASS score;
(B) maximum practicable utilization of small
business service providers;
(C) exceptional performance of a CLASS
Demonstration Program participant; and
(D) other criteria necessary to advance the goals
of the CLASS Demonstration Program, except that carrier
selection by a member of the Armed Forces using the
CLASS Demonstration Program shall be honored if the
selection does not conflict with subparagraph (A) or
(B) and the need to maintain adequate capacity.
(6) Performance evaluation during the term of the
demonstration program.--The CLASS Demonstration Program shall
provide for procedures for evaluation of the Demonstration
Program participants by the members of the Armed Forces
furnished personal property shipping services and by
Installation Transportation Officers. To the maximum extent
practicable, such evaluations shall be objective and
quantifiable. The program participant shall be accorded the
opportunity to review and make comment on a performance
evaluation provided by an individual in a manner that will not
deter candid evaluations by the individual. The results of this
evaluation may be used in developing future best value CLASS
scores.
(7) Modern customer service techniques.--The CLASS
Demonstration Program shall maximize the testing of modern
customer service techniques, such as in-transit tracking of
shipments and service member communication with the service
provider by means of toll-free telephone numbers.
(8) Direct claims settlement techniques.--The CLASS
Demonstration Program shall provide for settlement of claims
for personal property lost or damaged directly with the firm
providing the services. The procedures shall provide for--
(A) acknowledgment of a claim by the service
provider within 30 days of receipt;
(B) provision of a settlement offer within 120
days;
(C) filing of a claim within nine months, with
appropriate extensions for extenuating circumstances
relating to war or national emergency that impair the
ability of a member of the Armed Forces to file a
timely claim; and
(D) referring of an unsettled claim by the member
of the Armed Forces to a designated claims officer for
assistance in resolving the claim or seeking
commercial-like arbitration of the claim, or both, if
considered appropriate by the claims officer.
(9) Criteria for evaluation of the overall demonstration
program.--The CLASS Demonstration Program shall include the
development of criteria to evaluate the overall performance and
effectiveness of the CLASS demonstration program.
(c) Development in Collaboration With Industry.--In developing the
test plan, the Secretary of Defense shall maximize collaboration with
representatives of associations that represent all segments of the
affected industries. Special efforts shall be made to actively involve
those associations that represent small business providers of personal
property shipping services.
(d) Opportunity for Public Comment on Proposed Test Plan.--Notice
of the availability of the test plan shall be published in the Federal
Register and given by other means likely to result in the notification
of eligible service providers and associations that represent them.
Copies of the proposed test plan may be made available in a printable
electronic format. The public shall be afforded 60 days to comment on
the proposed test plan.
SEC. 385. OTHER METHODS OF PERSONAL PROPERTY SHIPPING.
The CLASS Demonstration Program shall not impair the access of a
member of the Armed Forces to the shipment of personal property through
the programs known as the Do-It-Yourself Program or the Direct
Procurement Method Program.
SEC. 386. DURATION OF DEMONSTRATION PROGRAM.
The CLASS Demonstration Program shall commence on the first day of
the fiscal year quarter after the issuance of the test plan in final
form and terminate on the last day of the fiscal year quarter after
eight fiscal year quarters of operation. The CLASS Demonstration
Program shall take the place of the re-engineering pilot solicitation
of the Military Traffic Management Command identified as DAMTO1-97-R-
3001.
SEC. 387. EVALUATION OF DEMONSTRATION PROGRAM.
(a) In General.--The Secretary of Defense shall provide for the
evaluation the CLASS Demonstration Program throughout the term of the
program pursuant to the evaluation criteria included in the test plan.
(b) Interim Reports.--The Secretary of Defense shall issue such
interim reports relating to the implementation of the CLASS
Demonstration Program as may be appropriate.
(c) Final Report.--The Secretary of Defense shall issue a final
report on the CLASS Demonstration Program within 180 days before the
termination date of the program. The report may include recommendations
for further implementation of the CLASS Demonstration Program.
(d) Congressional Recipients.--The reports required by this section
shall be furnished to the congressional defense committees and the
Committee on Small Business of the Senate and the House of
Representatives.
(e) Public Availability.--The Secretary of Defense shall provide
public notice of the availability of copies of the reports submitted to
the congressional recipients through a notice in the Federal Register
and such other means as may be appropriate. Copies of the reports may
be made available in a printable electronic format or in a printed
form.
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, 484,800.
(2) The Navy, 376,423.
(3) The Marine Corps, 173,922.
(4) The Air Force, 371,577.
SEC. 402. REVISION IN PERMANENT END STRENGTH LEVELS.
(a) Revised End Strength Floors.--Subsection (b) of section 691 of
title 10, United States Code, is amended--
(1) in paragraph (1), by striking out ``495,000'' and
inserting in lieu thereof ``484,800'';
(1) in paragraph (2), by striking out ``390,802'' and
inserting in lieu thereof ``376,423''; and
(2) in paragraph (3), by striking out ``174,000'' and
inserting in lieu thereof ``173,922''.
(b) Revision to Flexibility Authority for the Army.--Subsection (e)
of such section is amended by striking out ``or, in the case of the
Army, by not more than 1.5 percent''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 1998.
SEC. 403. DATE FOR SUBMISSION OF ANNUAL MANPOWER REQUIREMENTS REPORT.
Section 115a(a) of title 10, United States Code, is amended--
(1) by striking out ``, not later than February 15 of each
fiscal year,'' in the first sentence; and
(2) by striking out ``The report shall be in writing and''
in the second sentence and inserting in lieu thereof ``The
report shall be submitted each year not later than 30 days
after the date on which the budget for the next fiscal year is
transmitted to Congress pursuant to section 1105 of title 31,
shall be in writing, and''.
SEC. 404. EXTENSION OF AUTHORITY FOR CHAIRMAN OF THE JOINT CHIEFS OF
STAFF TO DESIGNATE UP TO 12 GENERAL AND FLAG OFFICER
POSITIONS TO BE EXCLUDED FROM GENERAL AND FLAG OFFICER
GRADE LIMITATIONS.
Section 526(b)(2) of title 10, United States Code, is amended by
striking out ``October 1, 1998'' and inserting in lieu thereof
``October 1, 2001''.
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, 209,000.
(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) 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, 12,804.
(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 minimum number of military technicians (dual status) as of the
last day of fiscal year 1999 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army Reserve, 5,395.
(2) For the Army National Guard of the United States,
23,125.
(3) For the Air Force Reserve, 9,761.
(4) For the Air National Guard of the United States,
22,408.
SEC. 414. INCREASE IN NUMBER OF MEMBERS IN CERTAIN GRADES AUTHORIZED TO
SERVE ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
(a) Officers.--The table in section 12011(a) of title 10, United
States Code, is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
Major or Lieutenant Commander....... 3,219 1,071 776 140
Lieutenant Colonel or Commander..... 1,524 520 672 90
Colonel or Navy Captain............. 438 188 274 30''.
------------------------------------------------------------------------
(b) Senior Enlisted Members.--The table in section 12012(a) of such
title is amended to read as follows:
------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
E-9................................. 623 202 388 20
E-8................................. 2,585 429 979 94''.
------------------------------------------------------------------------
(c) Effective Date.--The amendments made by this section shall take
efffect on October 1, 1998.
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
$70,697,086,000. 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. CODIFICATION OF ELIGIBILITY OF RETIRED OFFICERS AND FORMER
OFFICERS FOR CONSIDERATION BY SPECIAL SELECTION BOARDS.
(a) Persons Not Considered by Promotion Boards Due to
Administrative Error.--Subsection (a) of section 628 of title 10,
United States Code, is amended--
(1) by striking out paragraph (1) and inserting in lieu
thereof the following:
``(a) Persons Not Considered by Promotion Boards Due to
Administrative Error.--(1) If the Secretary of the military department
concerned determines that because of administrative error a person who
should have been considered for selection for promotion by a promotion
board was not so considered, the Secretary shall convene a special
selection board under this subsection to determine whether that person
(whether or not then on active duty) should be recommended for
promotion.'';
(2) in paragraph (2), by striking out ``the officer as his
record'' in the first sentence and inserting in lieu thereof
``the person whose name was referred to it for consideration as
that record''; and
(3) in paragraph (3), by striking out ``an officer in a
grade'' and all that follows through ``the officer'' and
inserting in lieu thereof ``a person whose name was referred to
it for consideration for selection for appointment to a grade
other than a general officer or flag officer grade, the
person''.
(b) Persons Considered by Promotion Boards in Unfair Manner.--
Subsection (b) of such section is amended--
(1) by striking out paragraph (1) and inserting in lieu
thereof the following:
``(b) Persons Considered by Promotion Boards in Unfair Manner.--(1)
If the Secretary of the military department concerned determines, in
the case of a person who was considered for selection for promotion by
a promotion board but was not selected, that there was material
unfairness with respect to that person, the Secretary may convene a
special selection board under this subsection to determine whether that
person (whether or not then on active duty) should be recommended for
promotion. In order to determine that there was material unfairness,
the Secretary must determine that--
``(A) the action of the promotion board that considered the
person was contrary to law or involved material error of fact
or material administrative error; or
``(B) the board did not have before it for its
consideration material information.'';
(2) in paragraph (2), by striking out ``the officer as his
record'' in the first sentence and inserting in lieu thereof
``the person whose name was referred to it for consideration as
that record''; and
(3) in paragraph (3)--
(A) by striking out ``an officer'' and inserting in
lieu thereof ``a person''; and
(B) by striking out ``the officer'' and inserting
in lieu thereof ``the person''.
(c) Conforming Amendments.--(1) Subsection (c) of such section is
amended--
(A) by inserting ``Reports of Boards.--'' after ``(c)'';
(B) by striking out ``officer'' both places it appears in
paragraph (1) and inserting in lieu thereof ``person''; and
(C) in paragraph (2), by adding the following new sentence
at the end: ``However, in the case of a board convened under
this section to consider a warrant officer or former warrant
officer, the provisions of sections 576(d) and 576(f) of this
title (rather than the provisions of section 617(b) and 618 of
this title) apply to the report and proceedings of the board in the
same manner as they apply to the report and proceedings of a selection
board convened under section 573 of this title.''.
(2) Subsection (d)(1) of such section is amended--
(A) by inserting ``Appointment of Persons Selected by
Boards.--'' after ``(d)'';
(B) by striking out ``an officer'' and inserting in lieu
thereof ``a person'';
(C) by striking out ``such officer'' and inserting in lieu
thereof ``that person'';
(D) by striking out ``the next higher grade'' the second
place it appears and inserting in lieu thereof ``that grade'';
(E) by adding at the end the following: ``However, in the
case of a board convened under this section to consider a
warrant officer or former warrant officer, if the report of
that board, as approved by the Secretary concerned, recommends
that warrant officer or former warrant officer for promotion to
the next higher grade, that person shall, as soon as
practicable, be appointed to the next higher grade in
accordance with provisions of section 578(c) of this title
(rather than subsections (b), (c), and (d) of section 624 of
this title).''.
(3) Subsection (d)(2) of such section is amended--
(A) by striking out ``An officer who is promoted'' and
inserting in lieu thereof ``A person who is appointed'';
(B) by striking out ``such promotion'' and inserting in
lieu thereof ``that appointment''; and
(C) by adding at the end the following new sentence: ``In
the case of a person who is not on the active-duty list when
appointed to the next higher grade, placement of that person on
the active-duty list pursuant to the preceding sentence shall
be only for purposes of determination of eligibility of that
person for consideration for promotion by any subsequent
special selection board under this section.''.
(d) Applicability to Deceased Persons.--Subsection (e) of such
section is amended to read as follows:
``(e) Deceased Persons.--If a person whose name is being considered
for referral to a special selection board under this section dies
before the completion of proceedings under this section with respect to
that person, this section shall be applied to that person
posthumously.''.
(e) Recodification of Administrative Matters.--Such section is
further amended by adding at the end the following::
``(f) Convening of Boards.--A board convened under this section--
``(1) shall be convened under regulations prescribed by the
Secretary of Defense;
``(2) shall be composed in accordance with section 612 of
this title or, in the case of board to consider a warrant
officer or former warrant officer, in accordance with section
573 of this title and regulations prescribed by the Secretary
of the military department concerned; and
``(3) shall be subject to the provisions of section 613 of
this title.
``(g) Promotion Board Defined.--In this section, the term
`promotion board' means a selection board convened by the Secretary of
a military department under section 573(a) or 611(a) of this title.''.
(f) Ratification of Codified Practice.--The consideration by a
special selection board convened under section 628 of title 10, United
States Code, before the date of the enactment of this Act of a person
who, at the time of consideration, was a retired officer or former
officer of the Armed Forces (including a deceased retired or former
officer) is hereby ratified.
SEC. 502. COMMUNICATION TO PROMOTION BOARDS BY OFFICERS UNDER
CONSIDERATION.
Section 614(b) of title 10, United States Code, is amended by
striking out ``his case'' and inserting in lieu thereof ``enhancing his
case for selection for promotion''.
SEC. 503. PROCEDURES FOR SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD
PERFORMANCE OF DUTY OR CERTAIN OTHER REASONS.
(a) Elimination of Requirement for a Board of Review.--Section
1182(c) of title 10, United States Code, is amended by striking out
``it shall send the record of its proceedings to a board of review
convened under section 1183 of this title'' and inserting in lieu
thereof ``it shall report that determination to the Secretary
concerned'';
(b) Repeal of Board of Review.--(1) Section 1183 of such title is
repealed.
(2) The table of sections at the beginning of chapter 60 of such
title is amended by striking out the item relating to section 1183.
(c) Conforming Amendments.--(1) 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''.
(2) The heading of such section and the item relating to such
section in the table of sections at the beginning of chapter 60 of such
title are amended by striking out the last two words.
(d) Elimination of 30-Day Notice Requirement.--Section 1185(a)(1)
of such title is amended by striking out ``, at least 30 days before
the hearing of his case by a board of inquiry,''.
SEC. 504. POSTHUMOUS COMMISSIONS AND WARRANTS.
Section 1521 of title 10, United States Code, is amended--
(1) by inserting ``(whether before or after the member's
death)'' in subsection (a)(3) after ``approved by the Secretary
concerned''; and
(2) by adding at the end of subsection (b) the following
new sentence: ``In the case of a member to whom subsection
(a)(3) applies who dies before approval by the Secretary
concerned of the appointment or promotion, the commission shall
issue as of the date of death.''.
SEC. 505. TENURE OF CHIEF OF THE AIR FORCE NURSE CORPS.
Section 8069(b) of title 10, United States Code, is amended by
striking out ``, but not for more than three years, and may not be
reappointed to the same position'' in the last sentence.
Subtitle B--Reserve Component Matters
SEC. 511. COMPOSITION OF SELECTIVE EARLY RETIREMENT BOARDS OF RESERVE
GENERAL AND FLAG OFFICERS OF THE NAVY AND MARINE CORPS.
Section 14705(b) of title 10, United States Code, is amended to
read as follows:
``(b) Boards.--(1) If the Secretary of the Navy determines that
consideration of officers for early retirement under this section is
necessary, the Secretary shall convene a continuation board under
section 14101(b) of this title to recommend an appropriate number of
officers for early retirement.
``(2) In the case of such a board convened to consider officers in
the grade of rear admiral or major general--
``(A) the Secretary may appoint the board without regard to
section 14102(b) of this title; and
``(B) each member of the board must be serving in a grade
higher than the grade of rear admiral or major general.''.
SEC. 512. ACTIVE STATUS SERVICE REQUIREMENT FOR PROMOTION CONSIDERATION
FOR ARMY AND AIR FORCE RESERVE COMPONENT BRIGADIER
GENERALS.
Section 14301 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(g) A reserve component brigadier general of the Army or the Air
Force who is in an inactive status is eligible (notwithstanding
subsection (a)) for consideration for promotion to major general by a
promotion board convened under section 14101(a) of this title if the
officer--
``(1) has been in an inactive status for less than one year
as of the date of the convening of the promotion board; and
``(2) had continuously served for at least one year on the
reserve active status list or the active duty list (or a
combination of both) immediately before the officer's most
recent transfer to an inactive status.''.
SEC. 513. REVISION TO EDUCATIONAL REQUIREMENT FOR PROMOTION OF RESERVE
OFFICERS.
(a) Extension for Army OCS Graduates.--Section 12205(b)(4) of title
10, United States Code, is amended by inserting after ``October 1,
1995'' the following: ``, or in the case of an officer commissioned
through the Army Officer Candidate School, October 1, 2000''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as of October 1, 1995.
Subtitle C--Military Education and Training
SEC. 521. REQUIREMENTS RELATING TO RECRUIT BASIC TRAINING.
(a) Army.--(1) Chapter 401 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 4319. Recruit basic training: separate platoons and separate
housing for male and female recruits
``(a) Separate Platoons.--The Secretary of the Army shall require
that during basic training--
``(1) male recruits shall be assigned to platoons
consisting only of male recruits; and
``(2) female recruits shall be assigned to platoons
consisting only of female recruits.
``(b) Separate Housing Facilities.--The Secretary of the Army shall
require that during basic training male and female recruits be housed
in separate barracks or other troop housing facilities.
``(c) Interim Authority for Housing Recruits on Separate Floors.--
(1) If the Secretary of the Army determines that it is not feasible,
during some or all of the period beginning on April 15, 1999, and
ending on October 1, 2001, to comply with subsection (b) at any
particular installation at which basic training is conducted because
facilities at that installation are insufficient for such purpose, the
Secretary may grant a waiver of subsection (b) with respect to that
installation. Any such waiver may not be in effect after October 1,
2001, and may only be in effect while the facilities at that
installation are insufficient for the purposes of compliance with
subsection (b).
``(2) If the Secretary grants a waiver under paragraph (1) with
respect to an installation, the Secretary shall require that male and
female recruits in basic training at that installation during any
period that the waiver is in effect not be housed on the same floor of
a barracks or other troop housing facility.
``(d) Basic Training Defined.--In this section, the term `basic
training' means the initial entry training program of the Army that
constitutes the basic training of new recruits.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``4319. Recruit basic training: separate platoons and separate housing
for male and female recruits.''.
(3) The Secretary of the Army shall implement section 4319 of title
10, United States Code, as added by paragraph (1), as rapidly as
feasible and shall ensure that the provisions of that section are
applied to all recruit basic training classes beginning not later than
the first such class that enters basic training on or after April 15,
1999.
(b) Navy and Marine Corps.--(1) Part III of subtitle C of title 10,
United States Code, is amended by inserting after chapter 601 the
following new chapter:
``CHAPTER 602--TRAINING GENERALLY
``Sec.
``6931. Recruit basic training: separate small units and separate
housing for male and female recruits.
``Sec. 6931. Recruit basic training: separate small units and separate
housing for male and female recruits
``(a) Separate Small Unit Organization.--The Secretary of the Navy
shall require that during basic training--
``(1) male recruits in the Navy shall be assigned to
divisions, and male recruits in the Marine Corps shall be
assigned to platoons, consisting only of male recruits; and
``(2) female recruits in the Navy shall be assigned to
divisions, and female recruits in the Marine Corps shall be
assigned to platoons, consisting only of female recruits.
``(b) Separate Housing.--The Secretary of the Navy shall require
that during basic training male and female recruits be housed in
separate barracks or other troop housing facilities.
``(c) Interim Authority for Housing Recruits on Separate Floors.--
(1) If the Secretary of the Navy determines that it is not feasible,
during some or all of the period beginning on April 15, 1999, and
ending on October 1, 2001, to comply with subsection (b) at any
particular installation at which basic training is conducted because
facilities at that installation are insufficient for that purpose, the
Secretary may grant a waiver of subsection (b) with respect to that
installation. Any such waiver may not be in effect after October 1,
2001, and may only be in effect while the facilities at that
installation are insufficient for the purposes of compliance with
subsection (b).
``(2) If the Secretary grants a waiver under paragraph (1) with
respect to an installation, the Secretary shall require that male and
female recruits in basic training at that installation during any
period that the waiver is in effect not be housed on the same floor of
a barracks or other troop housing facility.
``(d) Basic Training Defined.--In this section, the term `basic
training' means the initial entry training programs of the Navy and
Marine Corps that constitute the basic training of new recruits.''.
(2) The tables of chapters at the beginning of subtitle C, and at
the beginning of part III of subtitle C, of such title are amended by
inserting after the item relating to chapter 601 the following new
item:
``602. Training Generally................................... 6931''.
(3) The Secretary of the Navy shall implement section 6931 of title
10, United States Code, as added by paragraph (1), as rapidly as
feasible and shall ensure that the provisions of that section are
applied to all recruit basic training classes beginning not later than
the first such class that enters basic training on or after April 15,
1999.
(c) Air Force.--(1) Chapter 901 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 9319. Recruit basic training: separate flights and separate
housing for male and female recruits
``(a) Separate Flights.--The Secretary of the Air Force shall
require that during basic training--
``(1) male recruits shall be assigned to flights consisting
only of male recruits; and
``(2) female recruits shall be assigned to flights
consisting only of female recruits.
``(b) Separate Housing.--The Secretary of the Air Force shall
require that during basic training male and female recruits be housed
in separate dormitories or other troop housing facilities.
``(c) Interim Authority for Housing Recruits on Separate Floors.--
(1) If the Secretary of the Air Force determines that it is not
feasible, during some or all of the period beginning on April 15, 1999,
and ending on October 1, 2001, to comply with subsection (b) at any
particular installation at which basic training is conducted because
facilities at that installation are insufficient for such purpose, the
Secretary may grant a waiver of subsection (b) with respect to that
installation. Any such waiver may not be in effect after October 1,
2001, and may only be in effect while the facilities at that
installation are insufficient for the purposes of compliance with
subsection (b).
``(2) If the Secretary grants a waiver under paragraph (1) with
respect to an installation, the Secretary shall require that male and
female recruits in basic training at that installation during any
period that the waiver is in effect not be housed on the same floor of
a dormitory or other troop housing facility.
``(d) Basic Training Defined.--In this section, the term `basic
training' means the initial entry training program of the Air Force
that constitutes the basic training of new recruits.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``9319. Recruit basic training: separate flights and separate housing
for male and female recruits.''.
(3) The Secretary of the Air Force shall implement section 9319 of
title 10, United States Code, as added by paragraph (1), as rapidly as
feasible and shall ensure that the provisions of that section are
applied to all recruit basic training classes beginning not later than
the first such class that enters basic training on or after April 15,
1999.
SEC. 522. AFTER-HOURS PRIVACY FOR RECRUITS DURING BASIC TRAINING.
(a) Purpose.--The purpose of this section is to ensure that
military recruits are provided some degree of privacy during basic
training when in their barracks after completion of the normal training
day.
(b) Army.--(1) Chapter 401 of title 10, United States Code, is
amended by adding after section 4319, as added by section 521(a)(1),
the following new section:
``Sec. 4320. Recruit basic training: privacy
``The Secretary of the Army shall require that access by drill
sergeants and other training personnel to a barracks floor on which
recruits are housed during basic training shall be limited after the
end of the training day, other than in the case of an emergency or
other exigent circumstance, to drill sergeants and other training
personnel who are of the same sex as the recruits housed on that
floor.''.
(2) The table of sections at the beginning of such chapter is
amended by adding after the item relating to section 4319, as added by
section 521(a)(2), the following new item:
``4320. Recruit basic training: privacy.''.
(3) The Secretary of the Army shall implement section 4320 of title
10, United States Code, as added by paragraph (1), as rapidly as
feasible and shall ensure that the provisions of that section are
applied to all recruit basic training classes beginning not later than
the first such class that enters basic training on or after April 15,
1999.
(c) Navy.--(1) Chapter 602 of title 10, United States Code, as
added by section 521(b)(1), is amended by adding at the end the
following new section:
``Sec. 6932. Recruit basic training: privacy
``The Secretary of the Navy shall require that access by recruit
division commanders and other training personnel to a barracks floor on
which Navy recruits are housed during basic training shall be limited
after the end of the training day, other than in the case of an
emergency or other exigent circumstance, to recruit division commanders
and other training personnel who are of the same sex as the recruits
housed on that floor.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``6932. Recruit basic training: privacy.''.
(3) The Secretary of the Navy shall implement section 6932 of title
10, United States Code, as added by paragraph (1), as rapidly as
feasible and shall ensure that the provisions of that section are
applied to all recruit basic training classes beginning not later than
the first such class that enters basic training on or after April 15,
1999.
(d) Air Force.--(1) Chapter 901 of title 10, United States Code, is
amended by adding after section 9319, as added by section 521(c)(1),
the following new section:
``Sec. 9320. Recruit basic training: privacy
``The Secretary of the Air Force shall require that access by drill
sergeants and other training personnel to a dormitory floor on which
recruits are housed during basic training shall be limited after the
end of the training day, other than in the case of an emergency or
other exigent circumstance, to drill sergeants and other training
personnel who are of the same sex as the recruits housed on that
floor.''.
(2) The table of sections at the beginning of such chapter is
amended by adding after the item relating to section 9312, as added by
section 521(c)(2), the following new item:
``9320. Recruit basic training: privacy.''.
(3) The Secretary of the Air Force shall implement section 9320 of
title 10, United States Code, as added by paragraph (1), as rapidly as
feasible and shall ensure that the provisions of that section are
applied to all recruit basic training classes beginning not later than
the first such class that enters basic training on or after April 15,
1999.
SEC. 523. EXTENSION OF REPORTING DATES FOR COMMISSION ON MILITARY
TRAINING AND GENDER-RELATED ISSUES.
(a) First Report.--Subsection (e)(1) of section 562 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
Stat. 1754) 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. 524. IMPROVED OVERSIGHT OF INNOVATIVE READINESS TRAINING.
(a) In General.--Section 2012 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(j) Oversight and Cost Accounting.--The Secretary of Defense
shall establish a program to improve the oversight and cost accounting
of training projects conducted in accordance with this section. The
program shall include measures to accomplish the following:
``(1) Ensure that each project that is proposed to be
conducted in accordance with this section (regardless of
whether additional funding from the Secretary of Defense is
sought) is requested in writing, reviewed for full compliance
with this section, and approved in advance of initiation by the
Secretary of the military department concerned and, in the case
of a project that seeks additional funding from the Secretary
of Defense, by the Secretary of Defense.
``(2) Ensure that each project that is conducted in
accordance with this section is required to provide, within a
specified period following completion of the project, an after-
action report to the Secretary of Defense.
``(3) Require that each application for a project to be
conducted in accordance with this section include an analysis
and certification that the proposed project would not result in
a significant increase in the cost of training (as determined
in accordance with procedures prescribed by the Secretary of
Defense).
``(4) Determine the total program cost for each project,
including both those costs that are borne by the military
departments from their own accounts and those costs that are
borne by defense-wide accounts.
``(5) Provide for oversight of project execution to ensure
that a training project under this section is carried out in
accordance with the proposal for that project as approved.''.
(b) Implementation.--The Secretary of Defense may not initiate any
project under section 2012 of title 10, United States Code, after
October 1, 1998, until the program required by subsection (i) of that
section (as added by subsection (a)) has been established.
Subtitle D--Decorations, Awards, and Commendations
SEC. 531. STUDY OF NEW DECORATIONS FOR INJURY OR DEATH IN LINE OF DUTY.
(a) Determination of Criteria for New Decoration.--(1) The
Secretary of Defense shall determine the appropriate name, policy,
award criteria, and design for two possible new decorations.
(2) The first such decoration would, if implemented, be awarded to
members of the Armed Forces who, while serving under competent
authority in any capacity with the Armed Forces, are killed or injured
in the line of duty as a result of noncombat circumstances occurring--
(A) as a result of an international terrorist attack
against the United States or a foreign nation friendly to the
United States;
(B) while engaged in, training for, or traveling to or from
a peacetime or contingency operation; or
(C) while engaged in, training for, or traveling to or from
service outside the territory of the United States as part of a
peacekeeping force.
(3) The second such decoration would, if implemented, be awarded to
civilian nationals of the United States who, while serving under
competent authority in any capacity with the Armed Forces, are killed
or injured in the line of duty under circumstances which, if they were
members of the Armed Forces, would qualify them for award of the Purple
Heart or the medal described in paragraph (2).
(b) Limitation on Implementation.--Any such decoration may only be
implemented as provided by a law enacted after the date of the
enactment of this Act.
(c) Recommendation to Congress.--Not later than July 31, 1999, the
Secretary shall submit to Congress a legislative proposal that would,
if enacted, establish the new decorations developed pursuant to
subsection (a). The Secretary shall include with that proposal the
Secretary's recommendation concerning the need for, and propriety of,
each of the decorations.
(d) Coordination.--The Secretary shall carry out this section in
coordination with the Secretaries of the military departments and the
Secretary of Transportation with regard to the Coast Guard.
SEC. 532. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN DECORATIONS
TO SPECIFIED PERSONS.
(a) Waiver of Time Limitation.--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 in the
case of awards of decorations described in subsection (b), the award of
each such decoration having been determined by the Secretary of the
military department concerned to be warranted in accordance with
section 1130 of title 10, United States Code.
(b) Distinguished Flying Cross.--Subsection (a) applies to awards
of the Distinguished Flying Cross for service during World War II or
Korea (including multiple awards to the same individual) in the case of
each individual concerning whom the Secretary of the Navy (or an
officer of the Navy acting on behalf of the Secretary) submitted to the
Committee on 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. 533. COMMENDATION OF THE NAVY AND MARINE CORPS PERSONNEL WHO
SERVED IN THE UNITED STATES NAVY ASIATIC FLEET FROM 1910-
1942.
(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 in
December 1941, the warships, submarines, and aircraft of the
Asiatic Fleet singly or in task forces courageously fought many
battles against a superior Japanese armada.
(5) The Asiatic Fleet directly suffered the loss of 22
vessels, 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) Congressional Commendation.--Congress--
(1) commends the Navy and Marine Corps personnel who served
in the Asiatic Fleet of the United States Navy between 1910 and
1942; and
(2) honors those who gave their lives in the line of duty
while serving in the Asiatic Fleet.
SEC. 534. APPRECIATION FOR SERVICE DURING WORLD WAR I AND WORLD WAR II
BY MEMBERS OF THE NAVY ASSIGNED ON BOARD MERCHANT SHIPS
AS THE NAVAL ARMED GUARD SERVICE.
(a) Findings.--Congress makes the following findings:
(1) The Navy established a special force during both World
War I and World War II, known as the Naval Armed Guard Service,
to protect merchant ships of the United States from enemy
attack by stationing members of the Navy and weapons on board
those ships.
(2) Members of the Naval Armed Guard Service served on
6,236 merchant ships during World War II, of which 710 were
sunk by enemy action.
(3) Over 144,900 members of the Navy served in the Naval
Armed Guard Service during World War II as officers, gun
crewmen, signalmen, and radiomen, of whom 1,810 were killed in
action.
(4) The efforts of the members of the Naval Armed Guard
Service played a significant role in the safe passage of United
States merchant ships to their destinations in the Soviet Union
and various locations in western Europe and the Pacific
Theater.
(5) The efforts of the members of the Navy who served in
the Naval Armed Guard Service have been largely overlooked due
to the rapid disbanding of the service after World War II and
lack of adequate records.
(6) Recognition of the service of the naval personnel who
served in the Naval Armed Guard Service is highly warranted and
long overdue.
(b) Sense of Congress.--Congress expresses its appreciation, and
the appreciation of the American people, for the dedicated service
performed during World War I and World War II by members of the Navy
assigned as gun crews on board merchant ships as part of the Naval
Armed Guard Service.
SEC. 535. SENSE OF CONGRESS REGARDING THE HEROISM, SACRIFICE, AND
SERVICE OF THE MILITARY FORCES OF SOUTH VIETNAM AND OTHER
NATIONS IN CONNECTION WITH THE UNITED STATES ARMED FORCES
DURING THE VIETNAM CONFLICT.
(a) Findings.--Congress finds the following:
(1) South Vietnam, Australia, South Korea, Thailand, New
Zealand, and the Philippines contributed military forces,
together with the United States, during military operations
conducted in Southeast Asia during the Vietnam conflict.
(2) The contributions of the combat forces from these
nations continued through long years of armed conflict.
(3) As a result, in addition to the United States
casualties exceeding 210,000, this willingness to participate
in the Vietnam conflict resulted in the death, and wounding of
more than 1,000,000 military personnel from South Vietnam and
16,000 from other allied nations.
(4) The service of the Vietnamese and other allied nations
was repeatedly marked by exceptional heroism and sacrifice,
with particularly noteworthy contributions being made by the
Vietnamese airborne, commando, infantry and ranger units, the
Republic of Korea marines, the Capital and White Horse
divisions, the Royal Thai Army Black Panther Division, the
Royal Australian Regiment, the New Zealand ``V'' force, and the
1st Philippine Civic Action Group.
(b) Sense of Congress.--Congress recognizes and honors the members
and former members of the military forces of South Vietnam, the
Republic of Korea, Thailand, Australia, New Zealand, and the
Philippines for their heroism, sacrifice and service in connection with
United States Armed Forces during the Vietnam conflict.
SEC. 536. 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 finds the following:
(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.
Subtitle E--Administration of Agencies Responsible for Review and
Correction of Military Records
SEC. 541. PERSONNEL FREEZE.
(a) Limitation.--During fiscal years 1999, 2000, and 2001, the
Secretary of a military department may not carry out any reduction in
the number of military and civilian personnel assigned to duty with the
service review agency for that military department below the baseline
number for that agency until--
(1) the Secretary submits to Congress a report that
describes the reduction proposed to be made, provides the
Secretary's rationale for that reduction, and specifies the
number of such personnel that would be assigned to duty with
that agency after the reduction; and
(2) a period of 90 days has elapsed after the date on which
such report is submitted.
(b) Baseline Number.--The baseline number for a service review
agency under this section is--
(1) for purposes of the first report with respect to a
service review agency under this section, the number of
military and civilian personnel assigned to duty with that
agency as of October 1, 1997; and
(2) for purposes of any subsequent report with respect to a
service review agency under this section, the number of such
personnel specified in the most recent report with respect to
that agency under this section.
(c) Service Review Agency Defined.--In this section, the term
`service review agency' means--
(1) with respect to the Department of the Army, the Army
Review Boards Agency;
(2) with respect to the Department of the Navy, the Board
for Correction of Naval Records; and
(3) with respect to the Department of the Air Force, the
Air Force Review Boards Agency.
SEC. 542. PROFESSIONAL STAFF.
(a) In General.--(1) Chapter 79 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1555. Professional staff
``(a) The Secretary of each military department shall assign to the
staff of the service review agency of that military department at least
one attorney and at least one physician. Such assignments shall be made
on a permanent, full-time basis and may be made from members of the
armed forces or civilian employees.
``(b) Personnel assigned pursuant to subsection (a)--
``(1) shall work under the supervision of the director or
executive director (as the case may be) of the service review
agency; and
``(2) shall be assigned duties as advisers to the director
or executive director or other staff members on legal and
medical matters, respectively, that are being considered by the
agency.
``(c) In this section, the term `service review agency' means--
``(1) with respect to the Department of the Army, the Army
Review Boards Agency;
``(2) with respect to the Department of the Navy, the Board
for Correction of Naval Records; and
``(3) with respect to the Department of the Air Force, the
Air Force Review Boards Agency.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1555. Professional staff.''.
(b) Effective Date.--Section 1555 of title 10, United States Code,
as added by subsection (a), shall take effect 180 days after the date
of the enactment of this Act.
SEC. 543. EX PARTE COMMUNICATIONS.
(a) In General.--(1) Chapter 79 of title 10, United States Code, is
amended by adding after section 1555, as added by section 542(a)(1),
the following new section:
``Sec. 1556. Ex parte communications prohibited
``(a) In General.--The Secretary of each military department shall
ensure that an applicant seeking corrective action by the Army Review
Boards Agency, the Air Force Review Boards Agency, or the Board for
Correction of Naval Records, as the case may be, is provided a copy of
all correspondence and communications (including summaries of verbal
communications) to or from the agency or board, or a member of the
staff of the agency or board, with an entity or person outside the
agency or board that pertain directly to the applicant's case or have a
material effect on the applicant's case.
``(b) Exceptions.--Subsection (a) does not apply to the following:
``(1) Classified information.
``(2) Information the release of which is otherwise
prohibited by law or regulation.
``(3) Any record previously provided to the applicant or
known to be possessed by the applicant.
``(4) Any correspondence that is purely administrative in
nature.
``(5) Any military record that is (or may be) provided to
the applicant by the Secretary of the military department or
other source.''.
(2) The table of sections at the beginning of such chapter is
amended by adding after the item relating to 1555, as added by section
542(a)(2), the following new item:
``1556. Ex parte communications prohibited.''.
(b) Effective Date.--Section 1556 of title 10, United States Code,
as added by subsection (a), shall apply with respect to correspondence
and communications made 60 days or more after the date of the enactment
of this Act.
SEC. 544. TIMELINESS STANDARDS.
(a) In General.--Chapter 79 of title 10, United States Code, is
amended by adding after section 1556, as added by section 543(a)(1),
the following new section:
``Sec. 1557. Timeliness standards for disposition of cases before
Corrections Boards
``(a) Ten-Month Clearance Percentage.--Of the cases accepted for
consideration by a Corrections Board during a period specified in the
following table, the percentage on which final action must be completed
within 10 months of receipt (other than for those cases considered
suitable for administrative correction) is as follows:
The percentage on which final
``For cases accepted action must be completed
during-- within 10 months of receipt
is--
the period of fiscal years 2001 and 2002...... 50
the period of fiscal years 2003 and 2004...... 60
the period of fiscal years 2005, 2006, and 70
2007.
the period of fiscal years 2008, 2009, and 80
2010.
the period of any fiscal year after fiscal 90.
year 2010.
``(b) Clearance Deadline for All Cases.--Effective October 1, 2002,
final action on all cases accepted for consideration by a Corrections
Board (other than those cases considered suitable for administrative
correction) shall be completed within 18 months of receipt.
``(c) Waiver Authority.--The Secretary of the military department
concerned may exclude an individual case from the timeliness standards
prescribed in subsections (a) and (b) if the Secretary determines that
the case warrants a longer period of consideration. The authority of
the Secretary of a military department under this subsection may not be
delegated.
``(d) Reports on Failure To Meet Timeliness Standards.--The
Secretary of the military department concerned shall submit to the
Committee on Armed Services of the Senate and the Committee on National
Security of the House of Representatives a report not later than June 1
following any fiscal year during which the Corrections Board of that
Secretary's military department was unable to meet the timeliness
standards in subsections (a) and (b). The report shall specify the
reasons why the standard could not be met and the corrective actions
initiated to ensure compliance in the future. The report shall also
specify the number of waivers granted under subsection (c) during that
fiscal year.
``(e) Corrections Board Defined.--In this section, the term
`Corrections Board' means--
``(1) with respect to the Department of the Army, the Army
Board for Correction of Military Records;
``(2) with respect to the Department of the Navy, the Board
for Correction of Naval Records; and
``(3) with respect to the Department of the Air Force, the
Air Force Board for Correction of Military Records.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
1556, as added by section 543(a)(2), the following new item:
``1557. Timeliness standards for disposition of cases before
Corrections Boards.''.
Subtitle F--Other Matters
SEC. 551. ONE-YEAR EXTENSION OF CERTAIN FORCE DRAWDOWN TRANSITION
AUTHORITIES RELATING TO PERSONNEL MANAGEMENT AND
BENEFITS.
(a) Early Retirement Authority for Active Duty Members.--Section
4403(i) of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 10 U.S.C. 1293 note) is amended by striking out
``October 1, 1999'' and inserting in lieu thereof ``October 1, 2000''.
(b) SSB and VSI.--Sections 1174a(h) and 1175(d)(3) of title 10,
United States Code, are amended by striking out ``September 30, 1999''
and inserting in lieu thereof ``September 30, 2000''.
(c) Selective Early Retirement Boards.--Section 638a(a) of such
title is amended by striking out ``during the nine-year period
beginning on October 1, 1990'' and inserting in lieu thereof ``during
the period beginning on October 1, 1990, and ending on September 30,
2000''.
(d) Time-in-Grade Requirement for Retention of Grade Upon Voluntary
Retirement.--Section 1370(a)(2)(A) of such title is amended by striking
out ``during the nine-year period beginning on October 1, 1990'' and
inserting in lieu thereof ``during the period beginning on October 1,
1990, and ending on September 30, 2000''.
(e) Length of Commissioned Service for Voluntary Retirement as an
Officer.--Sections 3911(b), 6323(a)(2), and 8911(b) of such title are
amended by striking out ``during the nine-year period beginning on
October 1, 1990'' and inserting in lieu thereof ``during the period
beginning on October 1, 1990, and ending on September 30, 2000''.
(f) Retirement of Certain Limited Duty Officers of the Navy and
Marine Corps.--(1) Sections 633 and 634 of such title are amended by
striking out ``October 1, 1999'' in the last sentence and inserting in
lieu thereof ``October 1, 2000''.
(2) Section 6383 of such title is amended--
(A) in subsection (a)(5), by striking out ``October 1,
1999'' and inserting in lieu thereof ``October 1, 2000''; and
(B) in subsection (k), by striking out ``October 1, 1999''
in the last sentence and inserting in lieu thereof ``October 1,
2000''.
(g) Travel and Transportation Allowances and Storage of Baggage and
Household Effects for Certain Members Being Involuntarily Separated.--
Sections 404(c)(1)(C), 404(f)(2)(B)(v), 406(a)(2)(B)(v), and
406(g)(1)(C) of title 37, United States Code, and section 503(c) of the
National Defense Authorization Act for Fiscal Year 1991 (Public Law
101-510; 37 U.S.C. 406 note) are amended by striking out ``during the
nine-year period beginning on October 1, 1990'' and inserting in lieu
thereof ``during the period beginning on October 1, 1990, and ending on
September 30, 2000''.
(h) Educational Leave Relating to Continuing Public and Community
Service.--Section 4463(f) of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 1143a note) is amended
by striking out ``September 30, 1999'' and inserting in lieu thereof
``September 30, 2000''.
(i) Transitional Health, Commissary, and Family Housing Benefits.--
(1) Health care.--Section 1145 of title 10, United States
Code, is amended--
(A) in subsections (a)(1) and (c)(1), by striking
out ``during the nine-year period beginning on October
1, 1990'' and inserting in lieu thereof ``during the
period beginning on October 1, 1990, and ending on
September 30, 2000''; and
(B) in subsection (e), by striking out ``during the
five-year period beginning on October 1, 1994'' and
inserting in lieu thereof ``during the period beginning
on October 1, 1994, and ending on September 30, 2000''.
(2) Commissary and exchange benefits.--Section 1146 of such
title is amended--
(A) by striking out ``during the nine-year period
beginning on October 1, 1990'' and inserting in lieu
thereof ``during the period beginning on October 1,
1990, and ending on September 30, 2000''; and
(B) by striking out ``during the five-year period
beginning on October 1, 1994'' and inserting in lieu
thereof ``during the period beginning on October 1,
1994, and ending on September 30, 2000''.
(3) Use of military housing.--Section 1147(a) of such title
is amended--
(A) in paragraph (1), by striking out ``during the
nine-year period beginning on October 1, 1990'' and
inserting in lieu thereof ``during the period beginning
on October 1, 1990, and ending on September 30, 2000'';
and
(B) in paragraph (2), by striking out ``during the
five-year period beginning on October 1, 1994'' and
inserting in lieu thereof ``during the period beginning
on October 1, 1994, and ending on September 30, 2000''.
(j) 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 ``during the
nine-year period beginning on October 1, 1990'' and inserting in lieu
thereof ``during the period beginning on October 1, 1990, and ending on
September 30, 2000''.
(k) Force Reduction Transition Period Definition.--Section 4411 of
the National Defense Authorization Act for Fiscal Year 1993 (10 U.S.C.
12681 note) is amended by striking out ``September 30, 1999'' and
inserting in lieu thereof ``September 30, 2000''.
(l) Temporary Special Authority for Force Reduction Period
Retirements.--Section 4416(b)(1) of the National Defense Authorization
Act for Fiscal Year 1993 (10 U.S.C. 12681 note) is amended by striking
out ``October 1, 1999'' and inserting in lieu thereof ``October 1,
2000''.
(m) Retired Pay for Non-Regular Service.--(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, 2000''.
(2) Section 12731a of such title is amended in subsections
(a)(1)(B) and (b), by striking out ``October 1, 1999'' and inserting in
lieu thereof ``October 1, 2000''.
(n) Affiliation With Guard and Reserve Units; Waiver of Certain
Limitations.--Section 1150(a) of such title is amended by striking out
``during the nine-year period beginning on October 1, 1990'' and
inserting in lieu thereof ``during the period beginning on October 1,
1990, and ending on September 30, 2000''.
(o) Reserve Montgomery GI Bill.--Section 16133(b)(1)(B) of such
title is amended by striking out ``September 30, 1999'' and inserting
in lieu thereof ``September 30, 2000''.
SEC. 552. LEAVE WITHOUT PAY FOR ACADEMY CADETS AND MIDSHIPMEN.
(a) Authority for Leave Without Pay.--Section 702 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(c)(1) The Secretary concerned may place an academy cadet or
midshipman on involuntary leave without pay if, under regulations
prescribed by the Secretary concerned, the Superintendent of the
Academy at which the cadet or midshipman is admitted--
``(A) has recommended that the cadet or midshipman be
dismissed or discharged;
``(B) has directed the cadet or midshipman return to the
Academy to repeat an academic semester or year;
``(C) has otherwise recommended to the Secretary for good
cause that the cadet or midshipman be placed on involuntary
leave without pay.
``(2) In this subsection, the term `academy cadet or midshipman'
means--
``(A) a cadet of the United States Military Academy;
``(B) a midshipman of the United States Naval Academy;
``(C) a cadet of the United States Air Force Academy; or
``(D) a cadet of the United States Coast Guard Academy.''.
(b) Effective Date.--Subsection (c) of section 702 of title 10,
United States Code, as added by subsection (a), shall apply with
respect to academy cadets and midshipmen (as defined in that
subsection) who are placed on involuntary leave after the date of the
enactment of this Act.
SEC. 553. PROVISION FOR RECOVERY, CARE, AND DISPOSITION OF THE REMAINS
OF ALL MEDICALLY RETIRED MEMBERS.
(a) In General.--Section 1481(a) of title 10, United States Code,
is amended--
(1) in paragraph (1), by striking out ``, or member of an
armed force without component,''; and
(2) in paragraph (7)--
(A) by striking out ``United States''; and
(B) by striking out ``for a period of more than 30
days,''.
(b) Effective Date.--The amendments made by subsection (a)(2) apply
with respect to persons dying on or after the date of the enactment of
this Act.
SEC. 554. CONTINUED ELIGIBILITY UNDER VOLUNTARY SEPARATION INCENTIVE
PROGRAM FOR MEMBERS WHO INVOLUNTARILY LOSE MEMBERSHIP IN
A RESERVE COMPONENT.
(a) Continued Eligibility.--Section 1175(a) of title 10, United
States Code, is amended by inserting before the period at the end ``,
or for the period described in section 1175(e)(1) of this section if
the member becomes ineligible for retention in an active or inactive
status in a reserve component because of age, years of service, failure
to select for promotion, or medical disqualification, so long as such
ineligibility does not result from deliberate action on the part of the
member with the intent to avoid retention in an active or inactive
status in a reserve component.''.
(b) Effective Date.--The amendment made by subsection (a) applies
with respect to any person provided a voluntary separation incentive
under section 1175 of title 10, United States Code (whether before, on,
or after the date of the enactment of this Act).
SEC. 555. DEFINITION OF FINANCIAL INSTITUTION FOR DIRECT DEPOSIT OF
PAY.
(a) Servicemembers Reimbursement for Expenses Due to Government
Error.--Paragraph (1) of section 1053(d) 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 or a State.''.
(b) Civilian Employees Reimbursement for Expenses Due to Government
Error.--Paragraph (1) of section 1594(d) of such title 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 or a State.''.
SEC. 556. INCREASE IN MAXIMUM AMOUNT FOR COLLEGE FUND PROGRAM.
(a) Increase in Maximum Rate for Active Component Montgomery GI
Bill Kicker.--Section 3015(d) of title 38, United States Code, is
amended--
(1) by inserting ``, at the time the individual first
becomes a member of the Armed Forces,'' after ``Secretary of
Defense, may''; and
(2) by striking out ``$400'' and all that follows through
``that date'' and inserting in lieu thereof ``$950 per month''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 1999, and shall apply with respect to
individuals who first become members of the Armed Forces on or after
that date.
SEC. 557. CENTRAL IDENTIFICATION LABORATORY, HAWAII.
(a) Sense of Congress.--It is the sense of Congress that the
Central Identification Laboratory, Hawaii, of the Department of the
Army is an important element of the Department of Defense and is
critical to the full accounting of members of the Armed Forces who have
been classified as POW/MIAs or are otherwise unaccounted for.
(b) Required Staffing Level.--The Secretary of Defense shall
provide sufficient personnel to fill all authorized personnel positions
of the Central Identification Laboratory, Hawaii, Department of the
Army. Those personnel shall be drawn from members of the Army, Navy,
Air Force, and Marine Corps and from civilian personnel, as
appropriate, considering the proportion of POW/MIAs from each service.
(c) Joint Manning Plan.--The Secretary of Defense shall develop and
implement, not later than March 31, 2000, a joint manning plan to
ensure the appropriate participation of the four services in the
staffing of the Central Identification Laboratory, Hawaii, as required
by subsection (b).
(d) Limitation on Reductions.--The Secretary of the Army may not
carry out any personnel reductions (in authorized or assigned
personnel) at the Central Identification Laboratory, Hawaii, until the
joint manning plan required by subsection (c) is implemented.
SEC. 558. HONOR GUARD DETAILS AT FUNERALS OF VETERANS.
(a) In General.--(1) Chapter 75 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1491. Honor guard details at funerals of veterans
``(a) Availability.--The Secretary of a military department shall,
upon request, provide an honor guard detail (or ensure that an honor
guard detail is provided) for the funeral of any veteran.
``(b) Composition of Honor Guard Details.--The Secretary of each
military department shall ensure that an honor guard detail for the
funeral of a veteran consists of not less than three persons and
(unless a bugler is part of the detail) has the capability to play a
recorded version of Taps.
``(c) Persons Forming Honor Guards.--An honor guard detail may
consist of members of the armed forces or members of veterans
organizations or other organizations approved for purposes of this
section under regulations prescribed by the Secretary of Defense. The
Secretary of a military department may provide transportation, or
reimbursement for transportation, and expenses for a person who
participates in an honor guard detail under this section and is not a
member of the armed forces or an employee of the United States.
``(d) Regulations.--The Secretary of Defense shall by regulation
establish a system for selection of units of the armed forces and other
organizations to provide honor guard details. The system shall place an
emphasis on balancing the funeral detail workload among the units and
organizations providing honor guard details in an equitable manner as
they are able to respond to requests for such details in terms of
geographic proximity and available resources. The Secretary shall
provide in such regulations that the armed force in which a veteran
served shall not be considered to be a factor when selecting the
military unit or other organization to provide an honor guard detail
for the funeral of the veteran.
``(e) Annual Report.--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 not later than
January 31 of each year beginning with 2001 and ending with 2005 on the
experience of the Department of Defense under this section. Each such
report shall provide data on the number of funerals supported under
this section, cost for that support, shown by manpower and other cost
factors, and the number and costs of funerals supported by each
participating organization. The data in the report shall be presented
in a standard format, regardless of military department or other
organization.
``(f) Veteran Defined.--In this section, the term `veteran' has the
meaning given that term in section 101(2) of title 38.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1491. Honor guard details at funerals of veterans.''.
(b) Treatment of Performance of Honor Guard Functions by
Reserves.--(1) Chapter 1215 of title 10, United States Code, is amended
by adding at the end the following new section:
``Sec. 12552. Funeral honor guard functions: prohibition of treatment
as drill or training
``Performance by a Reserve of honor guard functions at the funeral
of a veteran may not be considered to be a period of drill or training
otherwise required.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``12552. Funeral honor guard functions: prohibition of treatment as
drill or training.''.
(c) Repeal of Limitation on Availability of Funds for Honor Guard
Functions by National Guard.--Section 114 of title 32, United States
Code, is amended--
(1) by striking out ``(a)''; and
(2) by striking out subsection (b).
(d) Applicability.--The amendments made by this section shall apply
to burials of veterans that occur on or after October 1, 1999.
(e) Study.--The Secretary of Defense, in coordination with the
Secretary of Veterans Affairs, shall study alternative means for the
provision of honor guard details at funerals of veterans. Not later
than March 31, 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 results of the
study and the Secretary's views and recommendations.
(f) Consultation with Veterans Service Organizations.--Before
prescribing the initial regulations under section 1491 of title 10,
United States Code, as added by subsection (a), the Secretary of
Defense shall consult with veterans service organizations to determine
the views of those organizations regarding methods for providing honor
guard details at funerals for veterans, suggestions for organizing the
system to provide those details, and estimates of the resources that
those organizations could provide for honor guard details for veterans.
SEC. 559. APPLICABILITY TO ALL PERSONS IN CHAIN OF COMMAND OF POLICY
REQUIRING EXEMPLARY CONDUCT BY COMMANDING OFFICERS AND
OTHERS IN AUTHORITY IN THE ARMED FORCES.
(a) In General.--(1) Chapter 3 of title 10, United States Code, is
amended by inserting after section 121 the following new section:
``Sec. 121a. Requirement of exemplary conduct by civilians in chain of
command
``The President, as Commander in Chief, and the Secretary of
Defense are required (in the same manner that commanding officers and
others in authority in the Armed Forces are required)--
``(1) to show in themselves a good example of virtue,
honor, and patriotism and to subordinate themselves to those
ideals;
``(2) to be vigilant in inspecting the conduct of all
persons who are placed under their command;
``(3) to guard against and to put an end to all dissolute
and immoral practices and to correct, according to the laws and
regulations of the armed forces, all persons who are guilty of
them; and
``(4) to take all necessary and proper measures, under the
laws, regulations, and customs of the armed forces, to promote
and safeguard the morale, the physical well-being, and the
general welfare of the officers and enlisted persons under
their command or charge.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
121 the following new item:
``121a. Requirement of exemplary conduct by civilians in chain of
command.''.
SEC. 560. REPORT ON PRISONERS TRANSFERRED FROM UNITED STATES
DISCIPLINARY BARRACKS, FORT LEAVENWORTH, KANSAS, TO
FEDERAL BUREAU OF PRISONS.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a
report, to be prepared by the General Counsel of the Department of
Defense, concerning the decision of the Secretary of the Army in 1994
to transfer approximately 500 prisoners from the United States
Disciplinary Barracks, Fort Leavenworth, Kansas, to the Federal Bureau
of Prisons.
(b) Matters To Be Included.--The Secretary shall include in the
report the following:
(1) A description of the basis for the selection of
prisoners to be transferred, particularly in light of the fact
that many of the prisoners transferred are minimum or medium
security prisoners, who are considered to have the best chance
for rehabilitation, and whether the transfer of those prisoners
indicates a change in Department of Defense policy regarding
the rehabilitation of military prisoners.
(2) A comparison of the historical recidivism rates of
prisoners released from the United States Disciplinary Barracks
and the Federal Bureau of Prisons, together with a description
of any plans of the Army to track the parole and recidivism
rates of prisoners transferred to the Federal Bureau of Prisons and
whether it has tracked those factors for previous transferees.
(3) A description of the projected future flow of prisoners
into the new United States Disciplinary Barracks being
constructed at Fort Leavenworth, Kansas, and whether the
Secretary of the Army plans to automatically send new prisoners
to the Federal Bureau of Prisons without serving at the United
States Disciplinary Barracks if that Barracks is at capacity
and whether the Memorandum of Understanding between the Federal
Bureau of Prisons and the Army covers that possibility.
(4) A description of the cost of incarcerating a prisoner
in the Federal Bureau of Prisons compared to the United States
Disciplinary Barracks and the assessment of the Secretary as to
the extent to which the transfer of prisoners to the Federal
Bureau of Prisons by the Secretary of the Army is made in order
to shift a budgetary burden.
(c) Monitoring.--During fiscal years 1999 through 2003, the
Secretary of the Army shall track the parole and recidivism rates of
prisoners transferred from the United States Disciplinary Barracks,
Fort Leavenworth, Kansas, to the Federal Bureau of Prisons.
SEC. 561. REPORT ON PROCESS FOR SELECTION OF MEMBERS FOR SERVICE ON
COURTS-MARTIAL.
(a) Report Required.--Not later than April 15, 1999, the Secretary
of Defense shall submit to Congress a report on the method of selection
of members of the Armed Forces to serve on courts-martial.
(b) Matters To Be Considered.--In preparing the report, the
Secretary shall--
(1) direct the Secretaries of the military departments to
develop a plan for random selection of members of courts-
martial , subject to the provisions relating to service on
courts-martial specified in section 825(d)(2) of title 10,
United States Code (article 25(d)(2) of the Uniform Code of
Military Justice), as a possible replacement for the current
system of selection by the convening authority; and
(2) obtain the views of the members of the committee
referred to in section 946 of such title (known as the ``Code
Committee'').
SEC. 562. STUDY OF REVISING THE TERM OF SERVICE OF MEMBERS OF THE
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES.
Not later than April 15, 1999, the Secretary of Defense shall
submit to Congress a report on the desirability of revising the term of
appointment of judges of the United States Court of Appeals for the
Armed Forces so that the term of a judge on that court is for a period
of 15 years or until the judge attains the age of 65, whichever is
later. In preparing the report, the Secretary shall obtain the view of
the members of the committee referred to in section 946 of title 10,
United States Code, (known as the ``Code Committee'').
SEC. 563. STATUS OF CADETS AT THE MERCHANT MARINE ACADEMY.
(a) Status of Cadets.--Any citizen of the United States appointed
as a cadet at the United States Merchant Marine Academy shall be
considered to be a member of the United States Naval Reserve.
(b) Eligibility.--The Secretary of Defense shall provide that
cadets of the United States Merchant Marine Academy shall be issued an
identification card (referred to as a ``military ID card'') and shall
be entitled to all rights and privileges in accordance with the same
eligibility criteria as apply to other members of the Ready Reserve of
the reserve components of the Armed Forces.
(c) Coordination With Secretary of Transportation.--The Secretary
of Defense shall carry out this section in coordination with the
Secretary of Transportation.
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.--Except as provided in
subsection (b), the adjustment, to become effective during fiscal year
1999, required by section 1009 of title 37, United States Code, in the
rate of monthly basic pay authorized members of the uniformed services
by section 203(a) of such title shall not be made.
(b) Increase in Basic Pay.--Effective on January 1, 1999, the rates
of basic pay of members of the uniformed services shall be increased by
the greater of--
(1) 3.6 percent; or
(2) the percentage increase determined under subsection (c)
of section 1009 of title 37, United States Code, by which the
monthly basic pay of members would be adjusted under subsection
(a) of that section on that date in the absence of subsection
(a) of this section.
SEC. 602. BASIC ALLOWANCE FOR HOUSING OUTSIDE THE UNITED STATES.
(a) Payment of Certain Expenses Related to Overseas Housing.--
Section 403(c) of title 37, United States Code, is amended by adding at
the end the following new paragraph:
``(3)(A) In the case of a member of the uniformed services
authorized to receive an allowance under paragraph (1), the Secretary
concerned may make a lump-sum payment to the member for required
deposits and advance rent, and for expenses relating thereto, that
are--
``(i) incurred by the member in occupying private housing
outside of the United States; and
``(ii) authorized or approved under regulations prescribed
by the Secretary concerned.
``(B) Expenses for which a member may be reimbursed under this
paragraph may include losses relating to housing that are sustained by
the member as a result of fluctuations in the relative value of the
currencies of the United States and the foreign country in which the
housing is located.
``(C) The Secretary concerned shall recoup the full amount of any
deposit or advance rent payments made by the Secretary under
subparagraph (A), including any gain resulting from currency
fluctuations between the time of payment and the time of recoupment.''.
(b) Conforming Amendment.--Section 405 of title 37, United States
Code, is amended by striking out subsection (c).
(c) Retroactive Application.--The reimbursement authority provided
by section 403(c)(3)(B) of title 37, United States Code, as added by
subsection (a), applies with respect to losses relating to housing that
are sustained, on or after July 1, 1997, by a member of the uniformed
services as a result of fluctuations in the relative value of the
currencies of the United States and the foreign country in which the
housing is located.
SEC. 603. BASIC ALLOWANCE FOR SUBSISTENCE FOR RESERVES.
(a) In General.--Section 402 of title 37, United States Code, is
amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Special Rule for Certain Enlisted Reserve Members.--Unless
entitled to basic pay under section 204 of this title, an enlisted
member of a reserve component may receive, at the discretion of the
Secretary concerned, rations in kind, or a part thereof, when the
member's instruction or duty periods, as described in section 206(a) of
this title, total at least eight hours in a calendar day. The Secretary
concerned may provide an enlisted member who could be provided rations
in kind under the preceding sentence with a commutation when rations in
kind are not available.''.
(b) Application During Transitional Period.--Section 602(d)(1) of
the National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 37 U.S.C. 402 note) is amended by adding at the end the
following new subparagraph:
``(D) Special rule for certain enlisted reserve
members.--Unless entitled to basic pay under section
204 of title 37, United States Code, an enlisted member
of a reserve component (as defined in section 101(24)
of such title) may receive, at the discretion of the
Secretary concerned (as defined in section 101(5) of
such title), rations in kind, or a part thereof, when
the member's instruction or duty periods (as described
in section 206(a) of such title) total at least eight
hours in a calendar day. The Secretary concerned may
provide an enlisted member who could be provided
rations in kind under the preceding sentence with a
commutation when rations in kind are not available.''.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR 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 ``September 30, 2000''.
(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 ``September 30, 2000''.
(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 ``September 30, 2000''.
(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 ``September 30, 2000''.
(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 ``September 30, 2000''.
(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 ``September 30,
2000''.
(g) Prior Service Enlistment Bonus.--Section 308i(f) of title 37,
United States Code, is amended by striking out ``September 30, 1999''
and inserting in lieu thereof ``September 30, 2000''.
(h) Repayment of Education Loans for Certain Health Professionals
Who Serve in the Selected Reserve.--Section 16302(d) of title 10,
United States Code, is amended by striking out ``October 1, 1999'' and
inserting in lieu thereof ``October 1, 2000''.
SEC. 612. ONE-YEAR 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 ``September 30, 2000''.
(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 ``September 30, 2000''.
(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 ``September 30,
2000''.
SEC. 613. ONE-YEAR 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 ``September 30, 2000,''.
(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 ``September 30, 2000''.
(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
``September 30, 2000''.
(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 ``September 30, 2000''.
(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 ``September 30, 2000''.
(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, 2000''.
SEC. 614. AVIATION CAREER INCENTIVE PAY AND AVIATION OFFICER RETENTION
BONUS.
(a) Definition of Aviation Service.--(1) Section 301a(a)(6) of
title 37, United States Code, is amended--
(A) by redesignating subparagraphs (A), (B), and (C) as
subparagraphs (B), (C), and (D), respectively; and
(B) by inserting before subparagraph (B) (as so
redesignated) the following new subparagraph:
``(A) The term `aviation service' means service performed
by an officer (except a flight surgeon or other medical
officer) while holding an aeronautical rating or designation or
while in training to receive an aeronautical rating or
designation.''.
(2) Section 301b(j) of such title is amended by striking out
paragraph (1) and inserting in lieu thereof the following new
paragraph:
``(1) The term `aviation service' means service performed
by an officer (except a flight surgeon or other medical
officer) while holding an aeronautical rating or designation or
while in training to receive an aeronautical rating or
designation.''.
(b) Amount of Incentive Pay.--Subsection (b) of section 301a of
such title is amended to read as follows:
``(b)(1) A member who satisfies the requirements described in
subsection (a) is entitled to monthly incentive pay as follows:
``Years of aviation service Monthly
(including
flight training) as an officer: rate
2 or less.............................................. $125
Over 2................................................. $156
Over 3................................................. $188
Over 4................................................. $206
Over 6................................................. $650
Over 14................................................ $840
Over 22................................................ $585
Over 23................................................ $495
Over 24................................................ $385
Over 25................................................ $250
``(2) An officer in a pay grade above O-6 is entitled, until the
officer completes 25 years of aviation service, to be paid at the rates
set forth in the table in paragraph (1), except that--
``(A) an officer in pay grade O-7 may not be paid at a rate
greater than $200 a month; and
``(B) an officer in pay grade O-8 or above may not be paid
at a rate greater than $206 a month.
``(3) For a warrant officer with over 22, 23, 24, or 25 years of
aviation service who is qualified under subsection (a), the rate
prescribed in the table in paragraph (1) for officers with over 14
years of aviation service shall continue to apply to the warrant
officer.''.
(c) References to Aviation Service.--(1) Section 301a of such title
is further amended--
(A) in subsection (a)(4)--
(i) by striking out ``22 years of the officer's
service as an officer'' and inserting in lieu thereof
``22 years of aviation service of the officer''; and
(ii) by striking out ``25 years of service as an
officer (as computed under section 205 of this title)''
and inserting in lieu thereof ``25 years of aviation
service''; and
(B) in subsection (d), by striking out ``subsection (b)(1)
or (2), as the case may be, for the performance of that duty by
a member of corresponding years of aviation or officer service,
as appropriate,'' and inserting in lieu thereof ``subsection
(b) for the performance of that duty by a member with
corresponding years of aviation service''.
(2) Section 301b(b)(5) of such title is amended by striking out
``active duty'' and inserting in lieu thereof ``aviation service''.
(d) Conforming Amendment.--Section 615 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
1787) is repealed.
SEC. 615. SPECIAL PAY FOR DIVING DUTY.
Section 304(a) of title 37, United States Code, is amended--
(1) by inserting ``or'' at the end of paragraph (1);
(2) in paragraph (2), by striking out ``by frequent and
regular dives; and'' and inserting in lieu thereof a period;
and
(3) by striking out paragraph (3).
SEC. 616. SELECTIVE REENLISTMENT BONUS ELIGIBILITY FOR RESERVE MEMBERS
PERFORMING ACTIVE GUARD AND RESERVE DUTY.
Section 308(a)(1)(D) of title 37, United States Code, is amended to
read as follows:
``(D) reenlists or voluntarily extends the member's
enlistment for a period of at least three years in a regular
component, or in a reserve component if the member is
performing active Guard and Reserve duty (as defined in section
101(d)(6) of title 10), of the service concerned;''.
SEC. 617. REMOVAL OF TEN PERCENT RESTRICTION ON SELECTIVE REENLISTMENT
BONUSES.
Section 308(b) of title 37, United States Code, is amended--
(1) by striking out ``(1)'' after ``(b)''; and
(2) by striking out paragraph (2).
SEC. 618. INCREASE IN MAXIMUM AMOUNT OF 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. 619. EQUITABLE TREATMENT OF RESERVES ELIGIBLE FOR SPECIAL PAY FOR
DUTY SUBJECT TO HOSTILE FIRE OR IMMINENT DANGER.
Section 310(b) of title 37, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2) A member of a reserve component who is eligible for special
pay under this section for a month shall receive the full amount
authorized in subsection (a) for that month regardless of the number of
days during that month on which the member satisfies the eligibility
criteria specified in such subsection.''.
Subtitle C--Travel and Transportation Allowances
SEC. 631. EXCEPTION TO MAXIMUM WEIGHT ALLOWANCE FOR BAGGAGE AND
HOUSEHOLD EFFECTS.
Section 406(b)(1)(D) of title 37, United States Code, is amended in
the second sentence by inserting before the period the following: ``,
unless the additional weight allowance in excess of such maximum is
intended to permit the shipping of consumables that cannot be
reasonably obtained at the new station of the member''.
SEC. 632. TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED BY
MEMBERS IN CONNECTION WITH REST AND RECUPERATIVE LEAVE
FROM OVERSEAS STATIONS.
(a) Provision of Transportation.--Section 411c of title 37, United
States Code, is amended by striking out subsection (b) and inserting in
lieu thereof the following new subsection:
``(b) When the transportation authorized by subsection (a) is
provided by the Secretary concerned, the Secretary may use Government
or commercial carriers. The Secretary concerned may limit the amount of
payments made to members under subsection (a).''.
(b) Clerical Amendments.--(1) The heading of such section is
amended to read as follows:
``Sec. 411c. Travel and transportation allowances: travel performed in
connection with rest and recuperative leave from certain
stations in foreign countries''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 7 of such title is amended to read as follows:
``411c. Travel and transportation allowances: travel performed in
connection with rest and recuperative leave
from certain stations in foreign
countries.''.
SEC. 633. STORAGE OF BAGGAGE OF CERTAIN DEPENDENTS.
Section 430(b) of title 37, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2) At the option of the member, in lieu of the transportation of
baggage of a dependent child under paragraph (1) from the dependent's
school in the continental United States, the Secretary concerned may
pay or reimburse the member for costs incurred to store the baggage at
or in the vicinity of the school during the dependent's annual trip
between the school and the member's duty station. The amount of the
payment or reimbursement may not exceed the cost that the Government
would incur to transport the baggage.''.
Subtitle D--Retired Pay, Survivor Benefits, and Related Matters
SEC. 641. EFFECTIVE DATE OF FORMER SPOUSE SURVIVOR BENEFIT COVERAGE.
(a) Coordination of Provisions.--Section 1448(b)(3)(C) of title 10,
United States Code, is amended by inserting after ``the Secretary
concerned'' in the second sentence the following: ``, except that, in
the case of an election made by a person described in section
1450(f)(3)(B) of this title, such an election is effective on the first
day of the first month which begins after the date of the court order
or filing involved (in the same manner as provided under section
1450(f)(3)(D) of this title)''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to elections under section 1448(b)(3) of title 10, United States
Code, that are received by the Secretary concerned on or after the date
of the enactment of this Act.
Subtitle E--Other Matters
SEC. 651. DELETION OF CANAL ZONE FROM DEFINITION OF UNITED STATES
POSSESSIONS FOR PURPOSES OF PAY AND ALLOWANCES.
Section 101(2) of title 37, United States Code, is amended by
striking ``the Canal Zone,''.
SEC. 652. ACCOUNTING OF ADVANCE PAYMENTS.
Section 1006(e) of title 37, United States Code, is amended--
(1) by inserting ``(1)'' after ``(e)''; and
(2) by adding at the end the following new paragraph:
``(2) Obligations and expenditures incurred for an advance payment
under this section may not be included in any determination of amounts
available for obligation or expenditure except in the fiscal year in
which the advance payment is ultimately earned and such obligations and
expenditures shall be accounted for only in such fiscal year.''.
SEC. 653. REIMBURSEMENT OF RENTAL VEHICLE COSTS WHEN MOTOR VEHICLE
TRANSPORTED AT GOVERNMENT EXPENSE IS LATE.
(a) Transportation in Connection With Change of Permanent
Station.--Section 2634 of title 10, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) If a motor vehicle of a member (or a dependent of the member)
that is transported at the expense of the United States under this
section does not arrive at the authorized destination of the vehicle by
the designated delivery date, the Secretary concerned shall reimburse
the member for expenses incurred after that date to rent a motor
vehicle for the member's use, or for the use of the dependent for whom
the delayed vehicle was transported. However, the amount reimbursed
shall not exceed $30 per day, and the rental period for which
reimbursement may be provided shall expire after seven days or on the
date on which the delayed vehicle finally arrives at the authorized
destination (whichever occurs first).''.
(b) Transportation in Connection With Other Moves.--Section 406(h)
of title 37, United States Code, is amended by adding at the end the
following new paragraph:
``(3) If a motor vehicle of a member (or a dependent of the member)
that is transported at the expense of the United States under this
subsection does not arrive at the authorized destination of the vehicle
by the designated delivery date, the Secretary concerned shall
reimburse the member for expenses incurred after that date to rent a
motor vehicle for the dependent's use. However, the amount reimbursed
shall not exceed $30 per day, and the rental period for which
reimbursement may be provided shall expire after seven days or on the
date on which the delayed vehicle finally arrives at the authorized
destination (whichever occurs first).''.
(c) Transportation in Connection With Departure Allowances for
Dependents.--Section 405a(b) of title 37, United States Code, is
amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2) If a motor vehicle of a member (or a dependent of the member)
that is transported at the expense of the United States under paragraph
(1) does not arrive at the authorized destination of the vehicle by the
designated delivery date, the Secretary concerned shall reimburse the
member for expenses incurred after that date to rent a motor vehicle
for the dependent's use. However, the amount reimbursed shall not
exceed $30 per day, and the rental period for which reimbursement may
be provided shall expire after seven days or on the date on which the
delayed vehicle finally arrives at the authorized destination
(whichever occurs first).''.
(d) Transportation in Connection With Effects of Missing Persons.--
Section 554 of title 37, United States Code, is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection:
``(i) If a motor vehicle of a member (or a dependent of the member)
that is transported at the expense of the United States under this
section does not arrive at the authorized destination of the vehicle by
the designated delivery date, the Secretary concerned shall reimburse
the dependent for expenses incurred after that date to rent a motor
vehicle for the dependent's use. However, the amount reimbursed shall
not exceed $30 per day, and the rental period for which reimbursement
may be provided shall expire after seven days or on the date on which
the delayed vehicle finally arrives at the authorized destination
(whichever occurs first).''.
(e) Application of Amendments.--Reimbursement for motor vehicle
rental expenses may not be provided under the amendments made by this
section until after the date on which the Secretary of Defense submits
to Congress a report certifying that the Department of Defense has in
place and operational a system to recover the cost to the Department of
providing such reimbursement from commercial carriers that are
responsible for the delay in the delivery of the motor vehicles of
members of the Armed Forces and their dependents. The amendments shall
apply with respect to rental expenses described in such amendments that
are incurred on or after the date of the submission of the report.
SEC. 654. EDUCATION LOAN REPAYMENT PROGRAM FOR CERTAIN HEALTH
PROFESSION OFFICERS SERVING IN SELECTED RESERVE.
(a) Loan Repayment Amounts.--Section 16302(c) of title 10, United
States Code, is amended--
(1) in paragraph (2), by striking out ``$3,000'' and
inserting in lieu thereof ``$10,000''; and
(2) in paragraph (3), by striking out ``$20,000'' and
inserting in lieu thereof ``$50,000''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 1998.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Health Care Services
SEC. 701. EXPANSION OF DEPENDENT ELIGIBILITY UNDER RETIREE DENTAL
PROGRAM.
(a) In General.--Subsection (b) of section 1076c of title 10,
United States Code, is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Eligible dependents of a member described in
paragraph (1) or (2) who is not enrolled in the plan and who--
``(A) is enrolled under section 1705 of title 38 to
receive dental care from the Secretary of Veterans
Affairs;
``(B) is enrolled in a dental plan that--
``(i) is available to the member as a
result of employment by the member that is
separate from the military service of the
member; and
``(ii) is not available to dependents of
the member as a result of such separate
employment by the member; or
``(C) is prevented by a medical or dental condition
from being able to obtain benefits under the plan.''.
(b) Conforming Amendment.--Subsection (f)(3) of such section is
amended by striking out ``(b)(4)'' and inserting in lieu thereof
``(b)(5)''.
SEC. 702. PLAN FOR PROVISION OF HEALTH CARE FOR MILITARY RETIREES AND
THEIR DEPENDENTS COMPARABLE TO HEALTH CARE PROVIDED UNDER
TRICARE PRIME.
(a) Requirement To Submit Plan.--(1) The Secretary of Defense shall
submit to Congress--
(A) a plan under which the Secretary would guarantee
access, for covered beneficiaries described in subsection (b),
to health care that is comparable to the health care provided
to covered beneficiaries under chapter 55 of title 10, United
States Code, under TRICARE Prime (as defined in subsection (d)
of section 1097a of such title (as added by section 712)); and
(B) a legislative proposal and cost estimate for
implementing the plan.
(2) The plan required under paragraph (1)(A) shall provide for
guaranteed access to such health care for such covered beneficiaries by
October 1, 2001.
(b) Covered Beneficiaries.--A covered beneficiary under this
subsection is an individual who is a covered beneficiary under chapter
55 of title 10, United States Code, who--
(1) is a member or former member of the Armed Forces
entitled to retired pay under such title; or
(2) is a dependent (as that term is defined in section
1072(2) of such chapter) of such a member.
(c) Deadline for Submission.--The Secretary shall submit the plan
required by subsection (a) not later than March 1, 1999.
SEC. 703. PLAN FOR REDESIGN OF MILITARY PHARMACY SYSTEM.
(a) Plan Required.--The Secretary of Defense shall submit to
Congress a plan that would provide for a system-wide redesign of the
military and contractor retail and mail-order pharmacy system of the
Department of Defense by incorporating ``best business practices'' of
the private sector. The Secretary shall work with contractors of
TRICARE retail pharmacy and national mail-order pharmacy programs to
develop a plan for the redesign of the pharmacy system that--
(1) may include a plan for an incentive-based formulary for
military medical treatment facilities and contractors of
TRICARE retail pharmacies and the national mail-order pharmacy;
and
(2) shall include a plan for each of the following:
(A) A uniform formulary for such facilities and
contractors.
(B) A centralized database that integrates the
patient databases of pharmacies of military medical
treatment facilities and contractor retail and mail-
order programs to implement automated prospective drug
utilization review systems.
(C) A system-wide drug benefit for covered
beneficiaries under chapter 55 of title 10, United
States Code, who are entitled to hospital insurance
benefits under part A of title XVIII of the Social
Security Act (42 U.S.C. 1395c et seq.).
(b) Submission of Plan.--The Secretary shall submit the plan
required under subsection (a) not later than March 1, 1999.
(c) Suspension of Implementation of Program.--The Secretary shall
suspend any plan to establish a national retail pharmacy program for
the Department of Defense until--
(1) the plan required under subsection (a) is submitted;
and
(2) the Secretary implements cost-saving reforms with
respect to the military and contractor retail and mail order
pharmacy system.
SEC. 704. TRANSITIONAL AUTHORITY TO PROVIDE CONTINUED HEALTH CARE
COVERAGE FOR CERTAIN PERSONS UNAWARE OF LOSS OF CHAMPUS
ELIGIBILITY.
(a) Transitional Coverage.--The administering Secretaries may
continue eligibility of a person described in subsection (b) for health
care coverage under the Civilian Health and Medical Program of the
Uniformed Services based on a determination that such continuation is
appropriate to assure health care coverage for any such person who may
have been unaware of the loss of eligibility to receive health benefits
under that program.
(b) Persons Eligible.--A person shall be eligible for transitional
health care coverage under subsection (a) if the person--
(1) is a person described in paragraph (1) of subsection
(d) of section 1086 of title 10, United States Code;
(2) in the absence of such paragraph, would be eligible for
health benefits under such section; and
(3) satisfies the criteria specified in subparagraphs (A)
and (B) of paragraph (2) of such subsection.
(c) Extent of Transitional Authority.--The authority to continue
eligibility under this section shall apply with respect to health care
services provided between October 1, 1998, and July 1, 1999.
(d) Definition.--In this section, the term ``administering
Secretaries'' has the meaning given that term in section 1072(3) of
title 10, United States Code.
Subtitle B--TRICARE Program
SEC. 711. PAYMENT OF CLAIMS FOR PROVISION OF HEALTH CARE UNDER THE
TRICARE PROGRAM FOR WHICH A THIRD PARTY MAY BE LIABLE.
(a) In General.--(1) Chapter 55 of title 10, United States Code, is
amended by inserting after section 1095a the following new section:
``Sec. 1095b. TRICARE program: contractor payment of certain claims
``(a) Payment of Claims.--(1) The Secretary of Defense may
authorize a contractor under the TRICARE program to pay a claim
described in paragraph (2) before seeking to recover from a third-party
payer the costs incurred by the contractor to provide health care
services that are the basis of the claim to a beneficiary under such
program.
``(2) A claim under this paragraph is a claim--
``(A) that is submitted to the contractor by a provider
under the TRICARE program for payment for services for health
care provided to a covered beneficiary; and
``(B) that is identified by the contractor as a claim for
which a third-party payer may be liable.
``(b) Recovery From Third-Party Payers.--A contractor for the
provision of health care services under the TRICARE program that pays a
claim described in subsection (a)(2) shall have the right to collect
from the third-party payer the costs incurred by such contractor on
behalf of the covered beneficiary. The contractor shall have the same
right to collect such costs under this subsection as the right of the
United States to collect costs under section 1095 of this title.
``(c) Definition of Third-Party Payer.--In this section, the term
`third-party payer' has the meaning given that term in section 1095(h)
of this title, except that such term excludes primary medical
insurers.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1095a the following new item:
``1095b. TRICARE program: contractor payment of certain claims.''.
SEC. 712. PROCEDURES REGARDING ENROLLMENT IN TRICARE PRIME.
(a) In General.--(1) Chapter 55 of title 10, United States Code, is
amended by inserting after section 1097 the following new section:
``Sec. 1097a. Enrollment in TRICARE Prime: procedures
``(a) Automatic Enrollment of Certain Dependents.--The Secretary of
Defense shall establish procedures under which dependents of members of
the armed forces on active duty who reside in the catchment area of a
military medical treatment facility shall be automatically enrolled in
TRICARE Prime at the military medical treatment facility. The Secretary
shall provide notice in writing to the member regarding such
enrollment.
``(b) Automatic Continuation of Enrollment.--The Secretary of
Defense shall establish procedures under which enrollment of covered
beneficiaries in TRICARE Prime shall automatically continue until such
time as the covered beneficiary elects to disenroll or is no longer
eligible for enrollment.
``(c) Option for Retirees To Deduct Fee From Pay.--The Secretary of
Defense shall establish procedures under which a retired member of the
armed forces may elect to have any fees payable by the member for
enrollment in TRICARE Prime withheld from the retired pay of the member
(if pay is available to the member).
``(d) Definition of TRICARE Prime.--In this section, the term
`TRICARE Prime' means the managed care option of the TRICARE program
known as TRICARE Prime.''.
(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. Enrollment in TRICARE Prime: procedures.''.
(b) Deadline for Implementation.--The Secretary of Defense shall
establish the procedures required under section 1097a of title 10,
United States Code, as added by subsection (a), not later than April 1,
1999.
Subtitle C--Other Matters
SEC. 721. INFLATION ADJUSTMENT OF PREMIUM AMOUNTS FOR DEPENDENTS DENTAL
PROGRAM.
Section 1076a(b)(2) of title 10, United States Code, is amended by
inserting after ``$20 per month'' the following: ``(in 1993 dollars, as
adjusted for inflation in each year thereafter)''.
SEC. 722. SYSTEM FOR TRACKING DATA AND MEASURING PERFORMANCE IN MEETING
TRICARE ACCESS STANDARDS.
(a) Requirement To Establish System.--(1) The Secretary of Defense
shall establish a system--
(A) to track data regarding access of covered beneficiaries
under chapter 55 of title 10, United States Code, to primary
health care under the TRICARE program; and
(B) to measure performance in increasing such access
against the primary care access standards established by the
Secretary under the TRICARE program.
(2) In implementing the system described in paragraph (1), the
Secretary shall collect data on the timeliness of appointments and
precise waiting times for appointments in order to measure performance
in meeting the primary care access standards established under the
TRICARE program.
(b) Deadline for Establishment.--The Secretary shall establish the
system described in subsection (a) not later than April 1, 1999.
SEC. 723. AIR FORCE RESEARCH, DEVELOPMENT, TRAINING, AND EDUCATION ON
EXPOSURE TO CHEMICAL, BIOLOGICAL, AND RADIOLOGICAL
HAZARDS.
(a) In General.--The Secretary of the Air Force is hereby
authorized to--
(1) conduct research on the health-related, environmental,
and ecological effects of exposure to chemical, biological, and
radiological hazards;
(2) develop new risk-assessment methods and instruments
with respect to exposure to such hazards, including more
accurate risk assessment tools to support the Air Force
Enhanced Site Specific Risk Assessment; and
(3) educate and train researchers with respect to exposure
to such hazards.
(b) Activities To Be Conducted.--Research and development conducted
under subsection (a) includes--
(1) development of equipment to monitor soil and ground
water contamination and the impact of such contamination on the
biosystem chain;
(2) implementation of a cross-sectional epidemiological
study of exposure to jet fuel; and
(3) implementation of a health-risk assessment regarding
exposure to jet fuel.
SEC. 724. AUTHORIZATION TO ESTABLISH A LEVEL 1 TRAUMA TRAINING CENTER.
The Secretary of the Army is hereby authorized to establish a Level
1 Trauma Training Center (as designated by the American College of
Surgeons) in order to provide the Army with a trauma center capable of
training forward surgical teams.
SEC. 725. REPORT ON IMPLEMENTATION OF ENROLLMENT-BASED CAPITATION FOR
FUNDING FOR MILITARY MEDICAL TREATMENT FACILITIES.
(a) Report Required.--The Secretary of Defense shall submit to
Congress a report on the potential impact of using an enrollment-based
capitation methodology to allocate funds for military medical treatment
facilities. The report shall address the following:
(1) A description of the plans of the Secretary to
implement an enrollment-based capitation methodology for
military medical treatment facilities and with respect to
contracts for the delivery of health care under the TRICARE
program.
(2) The justifications for implementing an enrollment-based
capitation methodology without first conducting a demonstration
project for implementation of such methodology.
(3) The impact that implementation of an enrollment based
capitation methodology would have on the provision of space-
available care at military medical treatment facilities,
particularly in the case of care for--
(A) military retirees entitled who are entitled to
hospital insurance benefits under part A of title XVIII
of the Social Security Act (42 U.S.C. 1395c et seq.);
and
(B) covered beneficiaries under chapter 55 of title
10, United States Code, who reside outside the
catchment area of a military medical treatment
facility.
(4) The impact that implementation of an enrollment-based
capitation methodology would have with respect to the pharmacy
benefits provided at military medical treatment facilities,
given that the enrollment-based capitation methodology would
fund military medical treatment facilities based on the number
of members at such facilities enrolled in TRICARE Prime, but
all covered beneficiaries may fill prescriptions at military
medical treatment facility pharmacies.
(5) An explanation of how additional funding will be
provided for a military medical treatment facility if an
enrollment-based capitation methodology is implemented to
ensure that space-available care and pharmacy coverage can be
provided to covered beneficiaries who are not enrolled at the
military medical treatment facility, and the amount of funding
that will be available.
(6) An explanation of how implementation of an enrollment-
based capitation methodology would impact the provision of
uniform benefits under TRICARE Prime, and how the Secretary
would ensure, if such methodology were implemented, that the
provision of health care under TRICARE Prime would not be
bifurcated between the provision of such care at military
medical treatment facilities and the provision of such care
from civilian providers.
(b) Deadline for Submission.--The Secretary shall submit the report
required by subsection (a) not later than March 1, 1999.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
SEC. 801. LIMITATION ON PROCUREMENT OF AMMUNITION AND COMPONENTS.
(a) Limitation.--Section 2534(a) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(6) Ammunition.--Ammunition or ammunition components.''.
(b) Effective Date.--Paragraph (6) of section 2534(a) of title 10,
United States Code, as added by subsection (a), shall apply with
respect to contracts entered into after September 30, 1998.
SEC. 802. ACQUISITION CORPS ELIGIBILITY.
Section 1732(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) The requirement of subsection (b)(1)(A) shall not apply to an
employee who served in an Acquisition Corps in a position within grade
GS-13 or above of the General Schedule and who is placed in another
position which is in a grade lower than GS-13 of the General Schedule,
or whose position is reduced in grade to a grade lower than GS-13 of
the General Schedule, as a result of reduction-in-force procedures, the
realignment or closure of a military installation, or another reason
other than for cause.''.
SEC. 803. AMENDMENTS RELATING TO PROCUREMENT FROM FIRMS IN INDUSTRIAL
BASE FOR PRODUCTION OF SMALL ARMS.
(a) Requirement To Limit Procurements to Certain Sources.--
Subsection (a) of section 2473 of title 10, United States Code, is
amended--
(1) in the heading, by striking out the first word and
inserting in lieu thereof ``Requirement''; and
(2) by striking out ``To the extent that the Secretary of
Defense determines necessary to preserve the small arms
production industrial base, the Secretary may'' and inserting
in lieu thereof ``In order to preserve the small arms
production industrial base, the Secretary of Defense shall''.
(b) Additional Covered Property and Services.--Subsection (b) of
such section is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(2) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
``(1) Small arms end items.'';
(3) in paragraph (2), as so redesignated, by inserting
before the period the following: ``, if those parts are
manufactured under a contract with the Department of Defense to
produce the end item''; and
(4) by adding after paragraph (3) the following new
paragraph:
``(4) Repair parts consisting of barrels, receivers, and
bolts for small arms, whether or not the small arms are in
production under a contract with the Department of Defense at
the time of production of such repair parts.''.
(c) Relationship to Other Provisions of Law.--Such section is
further amended by adding at the end the following new subsection:
``(d) Relationship to Other Provisions.--(1) If a procurement under
subsection (a) is a procurement of a commercial item, the Secretary
may, notwithstanding section 2306(b)(1)(B) of this title, require the
submission of certified cost or pricing data under section 2306(a) of
this title.
``(2) Subsection (a) is a requirement for purposes of section
2304(c)(5) of this title.''.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 901. FURTHER REDUCTIONS IN DEFENSE ACQUISITION WORKFORCE.
(a) Reduction in Defense Acquisition Workforce.--Chapter 87 of
title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 1765. Limitation on number of personnel
``(a) Limitation.--Effective October 1, 2001, the number of defense
acquisition personnel may not exceed the baseline number reduced by
70,000.
``(b) Phased Reduction.--The number of defense acquisition
personnel--
``(1) as of October 1, 1999, may not exceed the baseline
number reduced by 25,000; and
``(2) as of October 1, 2000, may not exceed the baseline
number reduced by 50,000.
``(c) Baseline Number.--For purposes of this section, the baseline
number is the total number of defense acquisition personnel as of
October 1, 1998.
``(d) Defense Acquisition Personnel Defined.--In this section, the
term `defense acquisition personnel' means military and civilian
personnel (other than civilian personnel who are employed at a
maintenance depot) who are assigned to, or employed in, acquisition
organizations of the Department of Defense (as specified in Department
of Defense Instruction numbered 5000.58 dated January 14, 1992).''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter V of such chapter is amended by adding at the end the
following new item:
``1765. Limitation on number of personnel.''.
SEC. 902. LIMITATION ON OPERATION AND SUPPORT FUNDS FOR THE OFFICE OF
THE SECRETARY OF DEFENSE.
Of the amount available for fiscal year 1999 for operation and
support activities of the Office of the Secretary of Defense, not more
than 90 percent may be obligated until each of the following reports
has been submitted:
(1) The report required to be submitted to the
congressional defense committees by section 904(b) of the
National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104-201; 110 Stat. 2619).
(2) The reports required to be submitted to Congress by
sections 911(b) and 911(c) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
Stat. 1858, 1859).
SEC. 903. REVISION TO DEFENSE DIRECTIVE RELATING TO MANAGEMENT
HEADQUARTERS AND HEADQUARTERS SUPPORT ACTIVITIES.
Not later than October 1, 1999, the Secretary of Defense shall
issue a revision to Department of Defense Directive 5100.73, entitled
``Department of Defense Management Headquarters and Headquarters
Support Activities'', so as to incorporate in that directive the
following:
(1) A threshold specified by command (or other
organizational element) such that any headquarters activity
below the threshold is not considered for the purpose of the
directive to be a management headquarters or headquarters
support activity.
(2) A definition of the term ``management headquarters and
headquarters support activities'' that (A) is based upon
function (rather than organization), and (B) includes any
activity (other than an operational activity) that reports
directly to such an activity.
(3) Uniform application of those definitions throughout the
Department of Defense.
SEC. 904. UNDER SECRETARY OF DEFENSE FOR POLICY TO HAVE RESPONSIBILITY
WITH RESPECT TO EXPORT CONTROL ACTIVITIES OF THE
DEPARTMENT OF DEFENSE.
(a) Functions of the Under Secretary.--Section 134(b)(1) of title
10, United States Code, is amended by adding at the end the following
new sentence: ``The Under Secretary shall have responsibility for
overall supervision of activities of the Department of Defense relating
to export controls.''.
(b) Implementation Report.--Not later than 30 days 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 the Committee on
National Security of the House of Representatives a report on the plans
of the Secretary for the implementation of the amendment made by
subsection (a). The report shall include--
(1) a description of any organizational changes within the
Department of Defense to be made in order to implement that
amendment; and
(2) a description of the role of the Chairman of the Joint
Chiefs of Staff with respect to export control activities of
the Department following the implementation of the amendment
made by subsection (a) and how that role compares to the
practice in effect before such implementation.
(c) Effective Date.--The amendment made by subsection (a) shall be
implemented not later than 45 days after the date of the enactment of
this Act.
SEC. 905. INDEPENDENT TASK FORCE ON TRANSFORMATION AND DEPARTMENT OF
DEFENSE ORGANIZATION.
(a) Findings.--Congress finds the following:
(1) The post-Cold War era is marked by geopolitical
uncertainty and by accelerating technological change,
particularly with regard to information technologies.
(2) The combination of that geopolitical uncertainty and
accelerating technological change portends a transformation in
the conduct of war, particularly in ways that are likely to
increase the effectiveness of joint force operations.
(3) The Department of Defense must be organized
appropriately in order to fully exploit the opportunities
offered by, and to meet the challenges posed by, this
anticipated transformation in the conduct of war.
(4) The basic organization of the Department of Defense was
established by the National Security Act of 1947 and the 1949
amendments to that Act.
(5) The Goldwater-Nichols Department of Defense
Reorganization Act of 1986 (Public Law 99-433) dramatically
improved the capability of the Department of Defense to carry
out operations involving joint forces, but did not address
adequately issues pertaining to the development of joint
forces.
(6) In the future, the ability to achieve improved
operations of joint forces, particularly under rapidly changing
technological conditions, will depend on improved force
development for joint forces.
(b) Independent Task Force on Transformation and Department of
Defense Organization.--The Secretary of Defense shall establish a task
force of the Defense Science Board to examine the current organization
of the Department of Defense with regard to the appropriateness of that
organization for preparing for a transformation in the conduct of war.
The task force shall be established not later than November 1, 1998.
(c) Duties of the Task Force.--The task force shall assess, and
shall make recommendations for the appropriate organization of, the
Office of the Secretary of Defense, the Joint Chiefs of Staff, the
individual Armed Forces, and the executive parts of the military
departments for the purpose of preparing the Department of Defense for
a transformation in the conduct of war. In making those assessments and
developing those recommendations, the task force shall review the
following:
(1) The general organization of the Department of Defense,
including whether responsibility and authority for issues
relating to a transformation in the conduct of war are
appropriately allocated, especially among the Office of the
Secretary of Defense, the Joint Chiefs of Staff, and the
individual Armed Forces.
(2) The joint requirements process and the requirements
processes for each of the Armed Forces, including the
establishment of measures of effectiveness and methods for
resource allocation.
(3) The process and organizations responsible for doctrinal
development, including the appropriate relationship between
joint force and service doctrine and doctrinal development
organizations.
(4) The current programs and organizations under the Office
of the Secretary of Defense, the Joint Chiefs of Staff and the
Armed Forces devoted to innovation and experimentation related
to a transformation in the conduct of war, including the
appropriateness of--
(A) conducting joint field tests;
(B) establishing a separate unified command as a
joint forces command to serve, as its sole function, as
the trainer, provider, and developer of forces for
joint operations;
(C) establishing a Joint Concept Development Center
to monitor exercises and develop measures of
effectiveness, analytical concepts, models, and
simulations appropriate for understanding the
transformation in the conduct of war;
(D) establishing a Joint Battle Laboratory
headquarters to conduct joint experimentation and to
integrate the similar efforts of the Armed Forces; and
(E) establishing an Assistant Secretary of Defense
for transformation in the conduct of war.
(5) Joint training establishments and training
establishments of the Armed Forces, including those devoted to
professional military education, and the appropriateness of
establishing national training centers.
(6) Other issues relating to a transformation in the
conduct of war that the Secretary considers appropriate.
(d) Report.--The task force shall submit to the Secretary of
Defense a report containing its assessments and recommendations not
later than February 1, 1999. The Secretary shall submit the report to
the Committee on National Security of the House of Representatives and
the Committee on Armed Services of the Senate not later than March 1,
1999, together with the recommendations and comments of the Secretary
of Defense.
SEC. 906. IMPROVED ACCOUNTING FOR DEFENSE CONTRACT SERVICES.
(a) In General.--(1) Chapter 131 of title 10, United States Code,
is amended by inserting after section 2211 the following new section:
``Sec. 2212. Obligations for contract services: reporting in budget
object classes
``(a) Limitation on Reporting in Miscellaneous Services Object
Class.--The Secretary of Defense shall ensure that, in reporting to the
Office of Management and Budget (pursuant to OMB Circular A-11
(relating to preparation and submission of budget estimates))
obligations of the Department of Defense for any period of time for
contract services, no more than 15 percent of the total amount of
obligations so reported is reported in the miscellaneous services
object class.
``(b) Definition of Reporting Categories for Advisory and
Assistance Services.--In carrying out section 1105(g) of title 31 for
the Department of Defense (and in determining what services are to be
reported to the Office of Management and Budget in the advisory and
assistance services object class), the Secretary of Defense shall apply
to the terms used for the definition of `advisory and assistance
services' in paragraph (2)(A) of that section the following meanings:
``(1) Management and professional support services.--The
term `management and professional support services' (used in
clause (i) of section 1105(g)(2)(A) of title 31) means services
that provide engineering or technical support, assistance,
advice, or training for the efficient and effective management
and operation of organizations, activities, or systems. Those
services--
``(A) are closely related to the basic
responsibilities and mission of the using organization;
and
``(B) include efforts that support or contribute to
improved organization or program management, logistics
management, project monitoring and reporting, data
collection, budgeting, accounting, auditing, and
administrative or technical support for conferences and
training programs.
``(2) Studies, analyses, and evaluations.--The term
`studies, analyses, and evaluations' (used in clause (ii) of
section 1105(g)(2)(A) of title 31) means services that provide
organized, analytic assessments to understand or evaluate
complex issues to improve policy development, decisionmaking,
management, or administration and that result in documents
containing data or leading to conclusions or recommendations.
Those services may include databases, models, methodologies,
and related software created in support of a study, analysis,
or evaluation.
``(3) Engineering and technical services.--The term
`engineering and technical services' (used in clause (iii) of
section 1105(g)(2)(A) of title 31) means services that take the
form of advice, assistance, training, or hands-on training
necessary to maintain and operate fielded weapon systems,
equipment, and components (including software when applicable)
at design or required levels of effectiveness.
``(c) Proper Classification of Advisory and Assistance Services.--
Before the submission to the Office of Management and Budget of the
proposed Department of Defense budget for inclusion in the President's
budget for a fiscal year pursuant to section 1105 of title 31, the
Secretary of Defense, acting through the Under Secretary of Defense
(Comptroller), shall review all Department of Defense services expected
to be performed as contract services during the fiscal year for which
that budget is to be submitted in order to ensure that those services
that are advisory and assistance services (as defined in accordance
with subsection (b)) are in fact properly classified, in accordance
with that subsection, in the advisory and assistance services object
class.
``(d) Information on Service Contracts.--In carrying out the annual
review under subsection (c) of Department of Defense services expected
to be performed as contract services during the next fiscal year, the
Secretary (acting through the Under Secretary (Comptroller)) shall
conduct an assessment of the total non-Federal effort that resulted
from the performance of all contracts for such services during the
preceding fiscal year and the total non-Federal effort that resulted,
or that is expected to result, from the performance of all contracts
for such services during the current fiscal year and the next fiscal
year. The assessment shall include determination of the following for
each such year:
``(1) The amount expended or expected to be expended for
non-Federal contract services, shown for the Department of
Defense as a whole and displayed by contract services object
class for each DOD organization.
``(2) The amount expended or expected to be expended for
contract services competed under OMB Circular A-76 or a similar
process, shown for the Department of Defense as a whole and
displayed by contract services object class for each DOD
organization.
``(3) The number of private sector workyears performed or
expected to be performed in connection with the performance of
non-Federal contract services, shown for the Department of
Defense as a whole and displayed by contract services object
class for each DOD organization.
``(4) Any other information that the Secretary (acting
through the Under Secretary) determines to be relevant and of
value.
``(e) Report to Congress.--The Secretary shall submit to Congress
each year, not later than 30 days after the date on which the budget
for the next fiscal year is submitted pursuant to section 1105 of title
31, a report containing the information derived from the assessment
under subsection (d).
``(f) Assessment by Comptroller General.--(1) The Comptroller
General shall conduct a review of the report of the Secretary of
Defense under subsection (e) each year and shall--
``(A) assess the methodology used by the Secretary in
obtaining the information submitted to Congress in that report;
and
``(B) assess the information submitted to Congress in that
report.
``(2) Not later than 120 days after the date on which the Secretary
submits to Congress the report required under subsection (e) for any
year, the Comptroller General shall submit to Congress the Comptroller
General's report containing the results of the review for that year
under paragraph (1).
``(g) Definitions.--In this section:
``(1) The term `contract services' means all services that
are reported to the Office of Management and Budget pursuant to
OMB Circular A-11 (relating to preparation and submission of
budget estimates) in budget object classes that are designated
in the Object Class 25 series.
``(2) The term `advisory and assistance services object
class' means those contract services constituting the budget
object class that is denominated `Advisory and Assistance
Service and designated (as the date of the enactment of this
section) as Object Class 25.1 (or any similar object class
established after the date of the enactment of this section for
the reporting of obligations for advisory and assistance
contract services).
``(3) The term `miscellaneous services object class' means
those contract services constituting the budget object class
that is denominated `Other Services (services not otherwise
specified in the 25 series)' and designated (as the date of the
enactment of this section) as Object Class 25.2 (or any similar
object class established after the date of the enactment of
this section for the reporting of obligations for miscellaneous
or unspecified contract services).
``(4) The term `DOD organization' means--
``(A) the Office of the Secretary of Defense;
``(B) each military department;
``(C) the Joint Chiefs of Staff and the unified and
specified commands;
``(D) each Defense Agency; and
``(E) each Department of Defense Field Activity.
``(5) The term `private sector workyear' means an amount of
labor equivalent to the total number of hours of labor that an
individual employed on a full-time equivalent basis by the
Federal Government performs in a given year.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2211 the
following new item:
``2212. Obligations for contract services: reporting in budget object
classes.''.
(b) Transition.--For the budget for fiscal year 2000, and the
reporting of information to the Office of Management and Budget in
connection with the preparation of that budget, section 2212 of title
10, United States Code, as added by subsection (a), shall be applied by
substituting ``30 percent'' in subsection (a) for ``15 percent''.
(c) Initial Classification of Advisory and Assistance Services.--
Not later than February 1, 1999, the Secretary of Defense, acting
through the Under Secretary of Defense (Comptroller), shall review all
Department of Defense services performed or expected to be performed as
contract services during fiscal year 1999 in order to ensure that those
services that are advisory and assistance services (as defined in
accordance with subsection (b) of section 2212 of title 10, United
States Code, as added by subsection (a)) are in fact properly
classified, in accordance with that subsection, in the advisory and
assistance services object class (as defined in subsection (g)(2) of
that section).
(d) Fiscal Year 1999 Reduction.--The total amount that may be
obligated by the Secretary of Defense for contracted advisory and
assistance services from amounts appropriated for fiscal year 1999 is
the amount programmed for those services resulting from the review
referred to in subsection (c) reduced by $500,000,000.
SEC. 907. REPEAL OF REQUIREMENT RELATING TO ASSIGNMENT OF TACTICAL
AIRLIFT MISSION TO RESERVE COMPONENTS.
Section 1438 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1689), as amended by section
1023 of the National Defense Authorization Act for Fiscal Years 1992
and 1993 (Public Law 102-190; 105 Stat. 1460), is repealed.
SEC. 908. REPEAL OF CERTAIN REQUIREMENTS RELATING TO INSPECTOR GENERAL
INVESTIGATIONS OF REPRISAL COMPLAINTS.
(a) Repeal of Requirement of Notice That Investigation Will Take
More Than 90 Days.--Subsection (e) of section 1034 of title 10, United
States Code, is amended--
(1) by striking out paragraph (3);
(2) by redesignating paragraph (4) as paragraph (3).
(b) Repeal of Requirement for Post-Disposition Interview With
Complainant.--Such section is further amended by striking out
subsection (h).
SEC. 909. CONSULTATION WITH COMMANDANT OF THE MARINE CORPS REGARDING
MARINE CORPS AVIATION.
(a) In General.--Chapter 503 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 5026. Consultation with Commandant of the Marine Corps regarding
Marine Corps aviation
``The Secretary of the Navy shall require that the views of the
Commandant of the Marine Corps be obtained before a milestone decision
or other major decision is made by an element of the Department of the
Navy outside the Marine Corps in a procurement matter, a research,
development, test, and evaluation matter, or a depot-level maintenance
matter that concerns Marine Corps aviation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``5026. Consultation with Commandant of the Marine Corps regarding
Marine Corps aviation.''.
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 of
Defense may transfer under the authority of this section may not exceed
$2,000,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex prepared by
the Committee on National Security of the House of Representatives to
accompany H.R. 3616 of the One Hundred Fifth Congress and transmitted
to the President is hereby incorporated into this Act.
(b) Construction With Other Provisions of Act.--The amounts
specified in the Classified Annex are not in addition to amounts
authorized to be appropriated by other provisions of this Act.
(c) Limitation on Use of Funds.--Funds appropriated pursuant to an
authorization contained in this Act that are made available for a
program, project, or activity referred to in the Classified Annex may
only be expended for such program, project, or activity in accordance
with such terms, conditions, limitations, restrictions, and
requirements as are set out for that program, project, or activity in
the Classified Annex.
(d) Distribution of Classified Annex.--The President shall provide
for appropriate distribution of the Classified Annex, or of appropriate
portions of the annex, within the executive branch of the Government.
SEC. 1003. OUTLAY LIMITATIONS.
(a) Department of Defense.--The Secretary of Defense shall ensure
that outlays of the Department of Defense during fiscal year 1999 from
amounts appropriated or otherwise available to the Department of
Defense for military functions of the Department of Defense (including
military construction and military family housing) do not exceed
$252,650,000,000.
(b) Department of Energy.--The Secretary of Energy shall ensure
that outlays of the Department of Energy during fiscal year 1999 from
amounts appropriated or otherwise made available to the Department of
Energy for national security programs of that Department do not exceed
$11,772,000,000.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. REVISION TO REQUIREMENT FOR CONTINUED LISTING OF TWO IOWA-
CLASS BATTLESHIPS ON THE NAVAL VESSEL REGISTER.
In carrying out section 1011 of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 421), the
Secretary of the Navy shall list on the Naval Vessel Register, and
maintain on that register, the following two Iowa-class battleships:
the USS IOWA (BB-61) and the USS WISCONSIN (BB-64).
SEC. 1012. TRANSFER OF USS NEW JERSEY.
The Secretary of the Navy shall strike the USS NEW JERSEY (BB-62)
from the Naval Vessel Register and shall transfer that vessel to a non-
for-profit entity in accordance with section 7306 of title 10, United
States Code. The Secretary shall require as a condition of the transfer
of that vessel that the transferee locate the vessel in the State of
New Jersey.
SEC. 1013. LONG-TERM CHARTER OF THREE VESSELS IN SUPPORT OF SUBMARINE
RESCUE, ESCORT, AND TOWING.
The Secretary of the Navy may enter into contracts in accordance
with section 2401 of title 10, United States Code, for the charter
through September 30, 2003, of the following vessels:
(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).
SEC. 1014. TRANSFER OF OBSOLETE ARMY TUGBOAT.
In carrying out section 1023 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1876), the
Secretary of the Army may substitute the obsolete, decommissioned
tugboat Attleboro (LT-1977) for the tugboat Normandy (LT-1971) as one
of the two obsolete tugboats authorized to be transferred by the
Secretary under that section.
SEC. 1015. LONG-TERM CHARTER CONTRACTS FOR ACQUISITION OF AUXILIARY
VESSELS FOR THE DEPARTMENT OF DEFENSE.
(a) Program Authorization.--Chapter 631 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 7233. Auxiliary vessels: authority for long-term charter
contracts
``(a) Authorized Contracts.--After September 30, 1998, the
Secretary of the Navy, subject to subsection (b), may enter into a
contract for the long-term lease or charter of a newly built surface
vessel, under which the contractor agrees to provide a crew for the
vessel for the term of the long-term lease or charter, for any of the
following:
``(1) The combat logistics force of the Navy.
``(2) The strategic sealift program of the Navy.
``(3) Other auxiliary support vessels for the Department of
Defense.
``(b) Contracts Required To Be Authorized by Law.--A contract may
be entered into under this section with respect to specific vessels
only if the Secretary is specifically authorized by law to enter into
such a contract with respect to those vessels.
``(c) Funds for Contract Payments.--The Secretary may make payments
for contracts entered into under this section using funds available for
obligation during the fiscal year for which the payments are required
to be made. Any such contract shall provide that the United States will
not be required to make a payment under the contract (other than a
termination payment, if required) before October 1, 2000.
``(d) Term of Contract.--In this section, the term `long-term lease
or charter' means a lease, charter, service contract, or conditional
sale agreement with respect to a vessel the term of which (including
any option period) is for a period of 20 years or more.
``(e) Option To Buy.--A contract entered into under the authority
of this section may contain options for the United States to purchase
one or more of the vessels covered by the contract at any time during,
or at the end of, the contract period (including any option period)
upon payment of an amount not in excess of the unamortized portion of
the cost of the vessels plus amounts incurred in connection with the
termination of the financing arrangements associated with the vessels.
``(f) Domestic Construction.--The Secretary shall require in any
contract entered into under this section that each vessel to which the
contract applies--
``(1) shall have been constructed in a shipyard within the
United States; and
``(2) upon delivery, shall be documented under the laws of
the United States.
``(g) Vessel Crewing.--The Secretary shall require in any contract
entered into under this section that the crew of any vessel to which
the contract applies be comprised of private sector commercial
mariners.
``(h) Domestic Construction Requirement for Certain Leases of
Vessels.--(1) Notwithstanding section 2400 or 2401a of this title or
any other provision of law, the Secretary of Defense may not enter into
a contract for the lease or charter of a vessel described in paragraph
(2) for a contract period in excess of 17 months (inclusive of any
option periods) unless the vessel is constructed in a shipyard in the
United States.
``(2) Paragraph (1) applies to vessels of the following types:
``(A) Auxiliary support vessel.
``(B) Strategic sealift vessel.
``(C) Tank vessel.
``(D) Combat logistics force vessel.
``(i) Contingent Waiver of Other Provisions of Law.--A contract
authorized by this section may be entered into without regard to
section 2401 or 2401a of this title if the Secretary of Defense makes
the following findings with respect to that contract:
``(1) The need for the vessels or services to be provided
under the contract is expected to remain substantially
unchanged during the contemplated contract or option period.
``(2) There is a reasonable expectation that throughout the
contemplated contract or option period the Secretary of the
Navy (or, if the contract is for services to be provided to,
and funded by, another military department, the Secretary of
that military department) will request funding for the contract
at the level required to avoid contract cancellation.
``(3) The use of such contract or the exercise of such
option is in the interest of the national defense.
``(j) Source of Funds for Termination Liability.--If a contract
entered into under this section is terminated, the costs of such
termination may be paid from--
``(1) amounts originally made available for performance of
the contract;
``(2) amounts currently available for operation and
maintenance of the type of vessels or services concerned and
not otherwise obligated; or
``(3) funds appropriated for those costs.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``7233. Auxiliary vessels: authority for long-term charter
contracts.''.
Subtitle C--Matters Relating to Counter Drug Activities
SEC. 1021. DEPARTMENT OF DEFENSE SUPPORT FOR COUNTER-DRUG ACTIVITIES.
(a) Continuation of Authority.--Subsection (a) of section 1004 of
the National Defense Authorization Act for Fiscal Year 1991 (Public Law
101-510; 10 U.S.C. 374 note) is amended by striking out ``through
1999'' and inserting in lieu thereof ``through 2000''.
(b) Types of Support.--Subsection (b)(4) of such section is amended
by inserting before the period at the end the following: ``conducted by
the Department of Defense or a Federal, State, or local law enforcement
agency, or a foreign law enforcement agency in the case of counter-drug
activities outside the United States''.
(c) Unspecified Minor Military Construction Projects.--Such section
is further amended by adding at the end the following new section:
``(h) Unspecified Minor Military Construction Projects.--Section
2805 of title 10, United States Code, shall apply with respect to any
unspecified minor military construction project carried out using the
authority provided under this section.''.
SEC. 1022. SUPPORT FOR COUNTER-DRUG OPERATION CAPER FOCUS.
(a) Support Required.--During fiscal year 1999, the Secretary of
Defense shall make available such surface vessels of the Navy and
maritime patrol aircraft and crews of the Navy as may be necessary to
conduct the final phase of the counter-drug operation known as Caper
Focus, which targets the maritime movement of cocaine on vessels in the
eastern Pacific Ocean.
(b) Fiscal Year 1999 Funding.--Of the amount authorized to be
appropriated pursuant to section 301(20) for drug interdiction and
counter-drug activities, $24,400,000 shall be available only for the
purpose of conducting the counter-drug operation known as Caper Focus.
Subtitle D--Miscellaneous Report Requirements and Repeals
SEC. 1031. ANNUAL REPORT ON RESOURCES ALLOCATED TO SUPPORT AND MISSION
ACTIVITIES.
Section 113 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(l) The Secretary shall include in the annual report to Congress
under subsection (c) the following:
``(1) A comparison of the amounts provided in the defense
budget for support and for mission activities for each of the
preceding five years.
``(2) A comparison of the number of military and civilian
personnel, shown by major occupational category, assigned to
support positions and to mission positions for each of the
preceding five years.
``(3) An accounting, shown by service and by major
occupational category, of the number of military and civilian
personnel assigned to support positions during each of the
preceding five years.
``(4) A listing of the number of military and civilian
personnel assigned to management headquarters and headquarters
support activities as a percentage of military end-strength for
each of the preceding 10 years.''.
Subtitle E--Other Matters
SEC. 1041. CLARIFICATION OF LAND CONVEYANCE AUTHORITY, ARMED FORCES
RETIREMENT HOME, DISTRICT OF COLUMBIA.
(a) Sale Required.--Subsection (a) of section 1053 of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
Stat. 2650) is amended--
(1) by striking out ``, by sale or otherwise,''; and
(2) by adding at the end the following new sentence: ``The
conveyance of the real property shall be made by sale to the
highest bidder, except that the purchase price may not be less
than the fair market value of the parcel.''.
(b) Conforming Amendment.--Subsection (b)(1) of such section is
amended by striking out ``the disposal'' and inserting in lieu thereof
``the sale''.
SEC. 1042. CONTENT OF NOTICE REQUIRED TO BE PROVIDED GARNISHEES BEFORE
GARNISHMENT OF PAY OR BENEFITS.
(a) Authorization of Alternative To Providing Copy of Notice or
Service Received by the Secretary.--(1) Whenever the Secretary of
Defense (acting through the DOD section 459 agent) provides a section
459 notice to an individual, the Secretary may include as part of that
notice the information specified in subsection (c) in lieu of sending
with that notice a copy (otherwise required pursuant to the
parenthetical phrase in section 459(c)(2)(A) of the Social Security
Act) of the notice or service received by the DOD section 459 agent
with respect to that individual's child support or alimony payment
obligations.
(2) Whenever the Secretary of Defense (acting through the DOD
section 5520a agent) provides a section 5520a notice to an individual,
the Secretary may include as part of that notice the information
specified in subsection (c) in lieu of sending with that notice a copy
(otherwise required pursuant to the second parenthetical phrase in
section 5520a(c) of the title 5, United States Code) of the legal
process received by the DOD section 5520a agent with respect to that
individual.
(b) Definitions.--For purposes of this section:
(1) DOD section 459 agent.--The term ``DOD section 459
agent'' means the agent or agents designated by the Secretary
of Defense under subsection (c)(1)(A) of section 459 of the
Social Security Act (42 U.S.C. 659) to receive orders and
accept service of process in matters related to child support
or alimony.
(2) Section 459 notice.--The term ``section 459 notice''
means, with respect to the Department of Defense, the notice
required by subsection (c)(2)(A) of section 459 of the Social
Security Act (42 U.S.C. 659) to be sent to an individual in
writing upon the receipt by the DOD section 459 agent of notice
or service with respect to the individual's child support or
alimony payment obligations.
(3) DOD section 5520a agent.--The term ``DOD section 5520a
agent'' means a person who is designated by law or regulation
to accept service of process to which the Department of Defense
is subject under section 5520a of title 5, United States Code
(including the regulations promulgated under subsection (k) of
that section).
(4) Section 5520a notice.--The term ``section 5520a
notice'' means, with respect to the Department of Defense, the
notice required by subsection (c) of section 5520a of title 5,
United States Code, to be sent in writing to an employee (or,
pursuant to the regulations promulgated under subsection (k) of
that section, to a member of the Armed Forces) upon the receipt
by the DOD section 5520a agent of legal process covered by that
section.
(c) Alternative Requirements.--The information referred to in
subsection (a) that is to be included as part of a section 459 notice
or section 5520a notice sent to an individual (in lieu of sending with
that notice a copy of the notice or service received by the DOD section
459 agent or the DOD section 5520a agent) is the following:
(1) A description of the pertinent court order, notice to
withhold, or other order, process, or interrogatory received by
the DOD section 459 agent or the DOD section 5520a agent.
(2) The identity of the court or judicial forum involved
and (in the case of a notice or process concerning the ordering
of a support or alimony obligation) the case number, the amount
of the obligation, and the name of the beneficiary.
(3) Information on how the individual may obtain from the
Department of Defense a copy of the notice, service, or legal
process, including an address and telephone number that the
individual may be contact for the purpose of obtaining such a
copy.
(d) Report.--Not later than April 1, 2001, the Secretary shall
submit to Congress a report describing the experience of the Department
of Defense under the authority provided by this section. The report
shall include the following:
(1) The number of section 459 notices provided by the DOD
section 459 agent during the period the authority provided by
this section was in effect.
(2) The number of individuals who requested the DOD section
459 agent to provide to them a copy of the actual notice or
service.
(3) Any complaint the Secretary received by reason of not
having provided the actual notice or service in the section 459
notice.
(4) The number of section 5520a notices provided by the DOD
section 5520a agent during the period the authority provided by
this section was in effect.
(5) The number of individuals who requested the DOD section
5520a agent to provide to them a copy of the actual legal
process.
(6) Any complaint the Secretary received by reason of not
having provided the actual legal process in the section 5520a
notice.
SEC. 1043. TRAINING OF SPECIAL OPERATIONS FORCES WITH FRIENDLY FOREIGN
FORCES.
(a) Training Expenses for Which Payment May Be Made.--Subsection
(a)(1) of section 2011 of title 10, United States Code, is amended by
striking out ``and other security forces''.
(b) Purpose of Training.--Subsection (b) of such section is amended
by striking out ``primary''.
(c) Regulations.--Subsection (c) of such section is amended by
inserting after the first sentence the following new sentence: ``The
regulations shall require that training activities may be carried out
under this section only with the prior approval of the Secretary of
Defense.''.
(d) Elements of Annual Report.--Subsection (e) of such section is
amended by adding at the end the following new paragraphs:
``(5) A summary of the expenditures under this section
resulting from the training for which expenses were paid under
this section.
``(6) A discussion of the unique military training benefit
to United States special operations forces derived from the
training activities for which expenses were paid under this
section.''.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL
SEC. 1101. AUTHORITY FOR RELEASE TO COAST GUARD OF DRUG TEST RESULTS OF
CIVIL SERVICE MARINERS OF THE MILITARY SEALIFT COMMAND.
(a) In General.--Chapter 643 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 7479. Civil service mariners of Military Sealift Command:
release of drug test results to Coast Guard
``(a) Release of Drug Test Results to Coast Guard.--The Secretary
of the Navy may release to the Commandant of the Coast Guard the
results of a drug test of any employee of the Department of the Navy
who is employed in any capacity on board a vessel of the Military
Sealift Command. Any such release shall be in accordance with the
standards and procedures applicable to the disclosure and reporting to
the Coast Guard of drug tests results and drug test records of
individuals employed on vessels documented under the laws of the United
States.
``(b) Waiver.--The results of a drug test of an employee may be
released under subsection (a) without the prior written consent of the
employee that is otherwise required under section 503(e) of the
Supplemental Appropriations Act, 1987 (5 U.S.C. 7301 note).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``7479. Civil service mariners of Military Sealift Command: release of
drug test results to Coast Guard.''.
SEC. 1102. LIMITATIONS ON BACK PAY AWARDS.
(a) In General.--Section 5596(b) of title 5, United States Code, is
amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) The pay, allowances, or differentials granted under this
section for the period for which an unjustified or unwarranted
personnel action was in effect shall not exceed that authorized by the
applicable law, rule, regulations, or collective bargaining agreement
under which the unjustified or unwarranted personnel action is found,
except that in no case may pay, allowances, or differentials be granted
under this section for a period beginning more than 6 years before the
date of the filing of a timely appeal or, absent such filing, the date
of the administrative determination.''.
(b) Conforming Amendment.--Section 7121 of title 5, United States
Code, is amended by adding at the end the following new subsection:
``(h) Settlements and awards under this chapter shall be subject to
the limitations in section 5596(b)(4) of this title.''.
SEC. 1103. RESTORATION OF ANNUAL LEAVE ACCUMULATED BY CIVILIAN
EMPLOYEES AT INSTALLATIONS IN THE REPUBLIC OF PANAMA TO
BE CLOSED PURSUANT TO THE PANAMA CANAL TREATY OF 1977.
Section 6304(d)(3)(A) of title 5, United States Code, is amended by
inserting ``the closure of an installation of the Department of Defense
in the Republic of Panama in accordance with the Panama Canal Treaty of
1977,'' after ``2687 note) during any period,''.
SEC. 1104. REPEAL OF PROGRAM PROVIDING PREFERENCE FOR EMPLOYMENT OF
MILITARY SPOUSES IN MILITARY CHILD CARE FACILITIES.
Section 1792 of title 10, United States Code, is amended--
(1) by striking out subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
SEC. 1105. ELIMINATION OF RETAINED PAY AS BASIS FOR DETERMINING
LOCALITY-BASED ADJUSTMENTS.
Section 5302(8)(B) of title 5, United States Code, is amended by
inserting ``(except a rate retained under subsection (a)(2) of that
section)'' after ``section 5363''.
SEC. 1106. OBSERVANCE OF CERTAIN HOLIDAYS AT DUTY POSTS OUTSIDE THE
UNITED STATES.
Section 6103(b) of title 5, United States Code, is amended by
inserting after paragraph (2) the following new paragraph:
``(3) Instead of a holiday that is designated under
subsection (a) to occur on a Monday, for an employee at a duty
post outside the United States whose basic workweek is other
than Monday through Friday, and for whom Monday is a regularly
scheduled workday, the legal public holiday is the first
workday of the workweek in which the Monday designated for the
observance of such holiday under subsection (a) occurs.''.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
SEC. 1201. LIMITATION ON FUNDS FOR PEACEKEEPING IN THE REPUBLIC OF
BOSNIA AND HERZEGOVINA.
(a) Limitation.--The Secretary of Defense may not expend from funds
appropriated to the Department of Defense for fiscal year 1999 more
than $1,858,600,000 for the purpose of providing for United States
participation in Bosnia peacekeeping operations.
(b) Emergency Exception.--The Secretary may increase the amount
under subsection (a) by not more than $100,000,000 for the sole purpose
of safeguarding United States forces in the event of hostilities,
imminent hostilities, or other grave danger to their well-being. Such
an increase may become effective only upon submission by the Secretary
to Congress of a certification that such grave danger exists and that
such additional funds are required to meet immediate security threats.
(c) Report.--Not later than April 1, 1999, the Secretary of Defense
shall submit to Congress a report with respect to United States
participation in Bosnia peacekeeping operations. The report shall
provide a detailed projection of any additional funding that will be
required by the Department of Defense to meet mission requirements for
such operations for the remainder of fiscal year 1999.
(d) Presidential Authority.--Nothing in this section shall be
deemed to restrict the authority of the President under the
Constitution to protect the lives of United States citizens.
(e) Bosnia Peacekeeping Operations.--For purposes of subsection
(a), the term ``Bosnia peacekeeping operations'' means the operation
designated as Operation Joint Force, the operation designated as
Operation Joint Endeavor, and any other operation under which United
States military forces participate in peacekeeping or peace enforcement
activities in the Republic of Bosnia and Herzegovina and any activity
that is directly related to the support of any such operation.
SEC. 1202. REPORTS ON THE MISSION OF UNITED STATES FORCES IN REPUBLIC
OF BOSNIA AND HERZEGOVINA.
(a) Findings.--Congress finds the following:
(1) In section 1202(1) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111
Stat. 1929; approved November 18, 1997), it was stated to be
the sense of Congress that United States ground combat forces
should not participate in a follow-on force in the Republic of
Bosnia and Herzegovina after June 1998.
(2) On December 16, 1997, the President announced his
support for the continued deployment of United States ground
combat forces in the Republic of Bosnia and Herzegovina after
June 30, 1998, as part of a multinational peacekeeping force
led by the North Atlantic Treaty Organization (NATO).
(3) The President's decision to extend the presence of
United States ground combat forces in the Republic of Bosnia
and Herzegovina has changed the mission of those forces in a
fundamental manner.
(4) The President has in effect committed United States
ground combat forces in the Republic of Bosnia and Herzegovina
to providing a secure environment for complete implementation
of the civilian provisions of the Dayton Accords.
(5) The Administration has not specified how long such an
achievement will take and, therefore, the mission of United
States ground combat forces in the Republic of Bosnia and
Herzegovina is of indefinite duration.
(b) Annual Presidential Report.--(1) The President shall submit to
Congress an annual report on the presence of United States ground
combat forces in the Republic of Bosnia and Herzegovina. Each such
report shall include the following:
(A) The President's assessment of progress toward the full
implementation of the civilian goals of the Dayton Accord, as
specified in subsection (c).
(B) The expected duration of the deployment of United
States ground combat forces in the Republic of Bosnia and
Herzegovina in support of implementation of those goals.
(C) The percentage of those goals that have been completed
as of the date of the report, the percentage that are expected
to be completed within the next reporting period, and the
expected time for completion of the remaining tasks.
(2) The first report under this subsection shall be submitted not
later than 90 days after the date of the enactment of this Act, and
subsequent reports shall be submitted at yearly intervals thereafter.
The requirement to submit an annual report under this subsection
terminates upon the withdrawal of all United States ground combat
forces from the Republic of Bosnia and Herzegovina.
(c) Basis for Assessment of Progress.--For purposes of subsection
(b)(1)(A), the President shall assess whether progress is being made
toward implementation of the civilian goals of the Dayton Accords based
upon assessment of the following goals and associated matters:
(1) Accomplishment of military stability, as measured by--
(A) the maintenance of the cease-fire between the
former warring parties;
(B) the continued cantonment of heavy weapons and
the observance of arms limitations;
(C) the disbanding of special police;
(D) the termination of covert support to the Srpska
Demokratska Stranka party by the Federal Republic of
Yugoslavia; and
(E) similar measures.
(2) Police and judicial reform, as measured by--
(A) the restructuring and ethnic integration of
local police;
(B) completion of human rights training by local
police forces;
(C) the demonstrated ability of local police to
deal effectively and impartially with civil
disturbances and disorder;
(D) the implementation of an effective judicial
reform program; and
(E) similar measures.
(3) Creation and implementation of effective national
institutions untainted by ethnic separatism, as measured by--
(A) the dissolution of previously outlawed
institutions;
(B) a functioning customs service with national
control over customs revenues;
(C) transparency in national budgets and
disbursements; and
(D) similar measures.
(4) Media reform, as measured by--
(A) the divestiture of control of broadcast
networks from the control of political parties;
(B) opposition party access to media;
(C) the availability of alternative and independent
media throughout the Republic of Bosnia and
Herzegovina; and
(D) similar measures.
(5) Democratization and reform of the electoral process, as
measured by--
(A) transparent functioning of local, entity, and
national governments;
(B) acceptance of binding arbitration for the
implementation of results in contested local elections;
(C) modification of electoral laws to meet
international and Organization for Security and
Cooperation in Europe (OSCE) standards;
(D) the free and fair conduct of the September 1998
national elections and subsequent elections; and
(E) similar measures.
(6) Return of refugees, as measured by--
(A) compliance of entity property laws with the
Dayton Accords;
(B) participation by entity governments in orderly
cross-ethnic returns;
(C) protection by local police of returnees;
(D) acceptance of substantial numbers of returned
refugees in major cities; and
(E) similar measures.
(7) Resolution of the status of Brcko, as measured by--
(A) the implementation of local election results;
(B) the functioning of an ethnically integrated
police force;
(C) ethnic reintegration of Brcko and the
surrounding region; and
(D) similar measures.
(8) Compliance of persons indicted for war crimes by the
International Tribunal for the Former Yugoslavia, as measured
by--
(A) the termination of political, military, and
media control by war criminals;
(B) the assistance of local authorities in
apprehension of indictees;
(C) the cooperation of entity justice
establishments in cooperating with the Tribunal; and
(D) similar measures.
(9) The ability of international organizations to carry out
their functions within the Republic of Bosnia and Herzegovina
without military support, as measured by--
(A) the ability of local authorities to carry out
demining programs;
(B) the ability of the Office of the High
Representative to enforce inter-entity agreements
without accompanying military shows of force; and
(C) similar measures.
(10) Economic reconstruction and recovery, as measured by--
(A) local currency circulating freely and its use
in official transactions;
(B) an agreement reached on a permanent national
currency in use in all entities;
(C) the creation of privatization laws consistent
with the Dayton Accords;
(D) government control over sources of revenue;
(E) substantial repair and functioning of major
infrastructure elements;
(F) an in-place International Monetary Fund
program; and
(G) similar measures.
(d) Secretary of Defense Report.--(1) Not later than December 15,
1998, the Secretary of Defense shall submit to the congressional
defense committees a report on the effects of military operations in
the Republic of Bosnia and Herzegovina and the Balkans region on the
capabilities of United States military forces and, in particular, on
the capability of United States military forces to conduct successfully
two nearly simultaneous major theater wars as specified in current
Defense Planning Guidance and in accordance with the deployment
timelines called for in the war plans of the commanders of unified
combatant commands.
(2) Whenever the number of United States ground combat forces in
the Republic of Bosnia and Herzegovina increases or decreases by 10
percent or more compared to the number of such forces as of the most
recent previous report under this subsection, the Secretary shall
submit an additional report as specified in paragraph (1). Any such
additional report shall be submitted within 30 days of the date on
which the requirement to submit the report becomes effective under the
preceding sentence.
(3) The Secretary shall include in each report under this
subsection information with respect to the effects of military
operations in the Republic of Bosnia and Herzegovina and the Balkans
region on the capabilities of United States military forces to conduct
successfully two nearly simultaneous major theater wars as specified in
current Defense Planning Guidance and in accordance with the deployment
timelines called for in the war plans of the commanders of unified
combatant commands. Such information shall include information on the
effects of those operations upon anticipated deployment plans for major
theater wars in Southwest Asia or on the Korean peninsula including the
following:
(A) Deficiencies or delays in deployment of strategic lift,
logistics support and infrastructure, ammunition (including
precision guided munitions) support forces, intelligence
assets, follow-on forces used for planned counteroffensives,
and similar forces.
(B) Additional planned reserve component mobilization,
including specific units to be ordered to active duty and
required dates for activation of presidential call-up
authority.
(C) Specific plans and timelines for redeployment of United
States forces from the Republic of Bosnia and Herzegovina, the
Balkans region, or supporting forces in the region, to both the
first and second major theater war.
(D) Preventative actions or deployments involving United
States forces in the Republic of Bosnia and Herzegovina and the
Balkans region that would be taken in the event of a single
theater war to deter the outbreak of a second theater war.
(E) Specific plans and timelines to replace forces deployed
to the Republic of Bosnia and Herzegovina, the Balkans region,
or the surrounding region to maintain United States military
presence.
(F) An assessment, undertaken in consultation with the
Chairman of the Joint Chiefs of Staff and the commanders of the
unified combatant commands, of the level of increased risk to
successful conduct of the major theater wars and the
maintenance of security and stability in the Republic of Bosnia
and Herzegovina and the Balkans region, by the requirement to
redeploy forces from Bosnia and the Balkans in the event of a
major theater war.
(e) Definition of Dayton Accords.--For purposes of this section,
the term ``Dayton Accords'' means the General Framework Agreement for
Peace in Bosnia and Herzegovina, initialed by the parties in Dayton,
Ohio, on November 21, 1995, and signed in Paris on December 14, 1995.
SEC. 1203. REPORT ON MILITARY CAPABILITIES OF AN EXPANDED NATO
ALLIANCE.
(a) Report.--The Secretary of Defense shall prepare a report, in
both classified and unclassified form, on the planned future military
capabilities of the North Atlantic Treaty Organization (NATO) in light
of the proposed inclusion of Poland, the Czech Republic, and Hungary in
the NATO alliance. The report shall set forth--
(1) the tactical, operational, and strategic issues that
would be raised by the inclusion of Poland, the Czech Republic,
and Hungary in the NATO alliance;
(2) the required improvements to common alliance military
assets that would result from the inclusion of those nations in
the alliance;
(3) the planned improvements to national capabilities of
current NATO members that would be required by reason of the
inclusion of those nations in the alliance;
(4) the planned improvements to national capabilities of
the military forces of those candidate member nations; and
(5) the additional requirements that would be imposed on
the United States by NATO expansion.
(b) Matters To Be Included.--The report shall include the
following:
(1) An assessment of the tactical and operational
capabilities of the military forces of each of the candidate
member nations.
(2) An assessment of the capability of each candidate
member nation to provide logistical, command and control, and
other vital infrastructure required for alliance defense (as
specified in Article V of the NATO Charter), including a
description in general terms of alliance plans for reinforcing
each candidate member nation during a crisis or war and
detailing means for deploying both United States and other NATO
forces from current member states and from the continental
United States or other United States bases worldwide and, in
particular, describing plans for ground reinforcement of
Hungary.
(3) An assessment of the ability of current and candidate
alliance members to deploy and sustain combat forces in
alliance defense missions conducted in the territory of any of
the candidate member nations, as specified in Article V of the
NATO Charter.
(4) A description of projected defense programs through
2009 (shown on an annual basis and cumulatively) of each
current and candidate alliance member nation, including planned
investments in capabilities relevant to Article V alliance
defense and potential alliance contingency operations and
showing both planned national efforts as well as planned
alliance common efforts and describing any disparities in
investments by current or candidate alliance member nations.
(5) A detailed comparison and description of any
disparities in scope, methodology, assessments of common
alliance or national responsibilities, or any other factor
related to alliance capabilities between (A) the report on
alliance expansion costs prepared by the Department of Defense
(in the report submitted to Congress in February 1998 entitled
``Report to the Congress on the Military Requirements and Costs
of NATO Enlargement''), and (B) the report on alliance
expansion costs prepared by NATO collectively and referred to
as the ``NATO estimate'', issued at Brussels in November 1997.
(6) Any other factor that, in the judgment of the Secretary
of Defense, bears upon the strategic, operational, or tactical
military capabilities of an expanded NATO alliance.
(c) Submission of Report.--The report shall be submitted to
Congress not later than March 15, 1999.
SEC. 1204. ONE-YEAR EXTENSION OF COUNTERPROLIFERATION AUTHORITIES FOR
SUPPORT OF UNITED NATIONS SPECIAL COMMISSION ON IRAQ.
(a) Amount Authorized for Fiscal Year 1999.--The total amount of
assistance for fiscal year 1999 provided by the Secretary of Defense
under section 1505 of the Weapons of Mass Destruction Control Act of
1992 (22 U.S.C. 5859a) that is provided in the form of funds, including
funds used for activities of the Department of Defense in support of
the United Nations Special Commission on Iraq, may not exceed
$15,000,000.
(b) Extension of Authority To Provide Assistance.--Subsection (f)
of section 1505 of the Weapons of Mass Destruction Control Act of 1992
(22 U.S.C. 5859a) is amended by striking out ``1998'' and inserting in
lieu thereof ``1999''.
SEC. 1205. REPEAL OF LANDMINE MORATORIUM.
Section 580 of the Foreign Operations Appropriations Act, 1996
(Public Law 104-107; 110 Sat 751), is repealed.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
FUNDS.
(a) Specification of CTR Programs.--For purposes of section 301 and
other provisions of this Act, Cooperative Threat Reduction programs are
the programs specified in subsection (b) of section 406 of title 10,
United States Code (as added by section 1305).
(b) Fiscal Year 1999 Cooperative Threat Reduction Funds Defined.--
As used in this title, the term ``fiscal year 1999 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative Threat
Reduction programs.
SEC. 1302. FUNDING ALLOCATIONS.
(a) In General.--Of the fiscal year 1999 Cooperative Threat
Reduction funds, not more than the following amounts may be obligated
for the purposes specified:
(1) Except as provided in paragraph (11), for strategic
offensive arms elimination in Russia, $142,400,000.
(2) Except as provided in paragraph (11), for strategic
nuclear arms elimination in Ukraine, $47,500,000.
(3) For activities to support warhead dismantlement
processing in Russia, $9,400,000.
(4) For activities associated with chemical weapons
destruction in Russia, $35,000,000.
(5) For weapons transportation security in Russia,
$10,300,000.
(6) For planning, design, and construction of a storage
facility for Russian fissile material, $60,900,000.
(7) For weapons storage security in Russia, $41,700,000.
(8) For development of a cooperative program with the
Government of Russia to eliminate the production of weapons
grade plutonium at Russian reactors, $29,800,000.
(9) For biological weapons proliferation prevention
activities in Russia, $2,000,000.
(10) For activities designated as Other Assessments/
Administrative Support $7,000,000.
(11) For strategic arms elimination in Russia or Ukraine,
$31,400,000.
(b) Limited Authority To Vary Individual Amounts.--(1) If the
Secretary of Defense determines that it is necessary to do so in the
national interest, the Secretary may, subject to paragraphs (2) and
(3), obligate amounts for the purposes stated in any of the paragraphs
of subsection (a) in excess of the amount specified for those purposes
in that paragraph. However, the total amount obligated for the purposes
stated in the paragraphs in subsection (a) may not by reason of the use
of the authority provided in the preceding sentence exceed the sum of
the amounts specified in those paragraphs.
(2) An obligation for the purposes stated in any of the paragraphs
in subsection (a) in excess of the amount specified in that paragraph
may be made using the authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts appropriated for the purposes stated in
any of paragraphs (3) through (10) of subsection (a) in excess of 115
percent of the amount stated in those paragraphs.
SEC. 1303. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES.
(a) In General.--No fiscal year 1999 Cooperative Threat Reduction
funds, and no funds appropriated for Cooperative Threat Reduction
programs for any prior fiscal year and remaining available for
obligation, may be obligated or expended for any of the following
purposes:
(1) Conducting with Russia any peacekeeping exercise or
other peacekeeping-related activity.
(2) Provision of housing.
(3) Provision of assistance to promote environmental
restoration.
(4) Provision of assistance to promote job retraining.
(5) Programs other than the programs specified in
subsection (b) of section 406 of title 10, United States Code
(as added by section 1305).
(b) Limitation With Respect to Defense Conversion Assistance.--None
of the funds appropriated pursuant to this Act may be obligated or
expended for the provision of assistance to Russia or any other state
of the former Soviet Union to promote defense conversion.
SEC. 1304. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS DESTRUCTION
FACILITY.
No fiscal year 1999 Cooperative Threat Reduction funds authorized
to be obligated in section 1302(a)(4) for activities associated with
chemical weapons destruction in Russia, and no funds appropriated for
Cooperative Threat Reduction programs for any prior fiscal year and
remaining available for obligation, may be used for construction of a
chemical weapons destruction facility.
SEC. 1305. LIMITATION ON OBLIGATION OF FUNDS FOR A SPECIFIED PERIOD.
(a) In General.--(1) Chapter 20 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 406. Use of Cooperative Threat Reduction program funds:
limitation
``(a) In General.--In carrying out Cooperative Threat Reduction
programs during any fiscal year, the Secretary of Defense may use funds
appropriated for those programs only to the extent that those funds
were appropriated for that fiscal year or for either of the 2 preceding
fiscal years.
``(b) Definition of Cooperative Threat Reduction Programs.--In this
section, the term `Cooperative Threat Reduction programs' means the
following programs with respect to states of the former Soviet Union:
``(1) Programs to facilitate the elimination, and the safe
and secure transportation and storage, of nuclear, chemical,
and other weapons of mass destruction and their delivery
vehicles.
``(2) Programs to facilitate the safe and secure storage of
fissile materials derived from the elimination of nuclear
weapons.
``(3) Programs to prevent the proliferation of weapons of
mass destruction, components, and technology and expertise
related to such weapons.
``(4) Programs to expand military-to-military and defense
contacts.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``406. Use of Cooperative Threat Reduction program funds:
limitation.''.
(b) Effective Date.--The limitation described in section 406 of
title 10, United States Code, as added by subsection (a), shall apply
with respect to fiscal years beginning with fiscal year 1999.
SEC. 1306. REQUIREMENT TO SUBMIT BREAKDOWN OF AMOUNTS REQUESTED BY
PROJECT CATEGORY.
The Secretary of Defense shall submit to Congress on an annual
basis, not later than 30 days after the date that the President submits
to Congress the budget of the United States Government for the
following fiscal year--
(1) a breakdown, with respect to the appropriations
requested for Cooperative Threat Reduction programs for the
fiscal year after the fiscal year in which the breakdown is
submitted, of the amounts requested for each project category
under each Cooperative Threat Reduction program element; and
(2) a breakdown, with respect to appropriations for
Cooperative Threat Reduction programs for the fiscal year in
which the breakdown is submitted, of the amounts obligated or
expended, or planned to be obligated or expended, for each
project category under each Cooperative Threat Reduction
program element.
SEC. 1307. LIMITATION ON USE OF FUNDS UNTIL COMPLETION OF FISCAL YEAR
1998 REQUIREMENTS.
(a) Use of Funds for Programs Related to Start II Treaty.--No
fiscal year 1999 Cooperative Threat Reduction funds may be obligated or
expended for strategic offensive arms elimination projects in Russia
related to the START II Treaty (as defined in section 1302(f) of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 111 Stat. 1948)) until 30 days after the date on which the
Secretary of Defense submits to Congress the certification described in
section 1404 of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105-85; 111 Stat. 1960).
(b) Use of Funds for Chemical Weapons Destruction Facility.--No
fiscal year 1999 Cooperative Threat Reduction funds may be obligated or
expended for activities relating to a chemical weapons destruction
facility until 15 days after the date that is the later of the dates
described in section 1405 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1960).
(c) Use of Funds for Destruction of Chemical Weapons.--No funds
authorized to be appropriated under this or any other Act for fiscal
year 1999 for Cooperative Threat Reduction programs may be obligated or
expended for chemical weapons destruction activities until the
President submits to Congress the written certification described in
section 1406(b) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 1961).
(d) Use of Funds for Storage Facility for Russian Fissile
Material.--No fiscal year 1999 Cooperative Threat Reduction funds may
be obligated or expended for planning, design, or construction of a
storage facility for Russian fissile material until 15 days after the
date that is the later of the dates described in section 1407 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 111 Stat. 1962).
(e) Use of Funds for Weapons Storage Security.--No fiscal year 1999
Cooperative Threat Reduction funds intended for weapons storage
security activities in Russia may be obligated or expended until 15
days after the date that the Secretary of Defense submits to Congress
the report on the status of negotiations between the United States and
Russia described in section 1408 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1962).
SEC. 1308. REPORT ON BIOLOGICAL WEAPONS PROGRAMS IN RUSSIA.
(a) Report.--Not later than December 31, 1998, the Secretary of
Defense shall submit to the congressional defense committees a report,
in classified and unclassified forms, containing--
(1) an assessment of the extent of compliance by Russia
with international agreements relating to the control of
biological weapons; and
(2) a detailed evaluation of the potential political and
military costs and benefits of collaborative biological
pathogen research efforts by the United States and Russia.
(b) Content of Report.--The report required under subsection (a)
shall include the following:
(1) An evaluation of the extent of the control and
oversight by the Government of Russia over the military and
civilian-military biological warfare programs formerly
controlled or overseen by states of the former Soviet Union.
(2) The extent and scope of continued biological warfare
research, development, testing, and production in Russia,
including the sites where such activity is occurring and the
types of activity being conducted.
(3) An assessment of compliance by Russia with the terms of
the Biological Weapons Convention.
(4) An identification and assessment of the measures taken
by Russia to comply with the obligations assumed under the
Joint Statement on Biological Weapons, agreed to by the United
States, the United Kingdom, and Russia on September 14, 1992.
(5) A description of the extent to which Russia has
permitted individuals from the United States or other countries
to visit military and nonmilitary biological research,
development, testing, and production sites in order to resolve
ambiguities regarding activities at such sites.
(6) A description of the information provided by Russia
about its biological weapons dismantlement efforts to date.
(7) An assessment of the accuracy and comprehensiveness of
declarations by Russia regarding its biological weapons
activities.
(8) An identification of collaborative biological research
projects carried out by the United States and Russia for which
Cooperative Threat Reduction funds have been used.
(9) An evaluation of the political and military utility of
prior, existing, and prospective cooperative biological
pathogen research programs carried out between the United
States and Russia, and an assessment of the impact of such
programs on increasing Russian military transparency with
respect to biological weapons activities.
(10) An assessment of the political and military utility of
the long-term collaborative program advocated by the National
Academy of Sciences in its October 27, 1997 report,
``Controlling Dangerous Pathogens: A Blueprint for U.S.-Russian
Cooperation''.
SEC. 1309. LIMITATION ON USE OF FUNDS FOR BIOLOGICAL WEAPONS
PROLIFERATION PREVENTION ACTIVITIES IN RUSSIA.
No fiscal year 1999 Cooperative Threat Reduction funds may be
obligated or expended for biological weapons proliferation prevention
activities in Russia until 15 days after the date that is the later of
the following:
(1) The date on which the Secretary of Defense submits to
Congress a certification that no Cooperative Threat Reduction
funds provided for cooperative research activities at
biological research institutes in Russia have been used--
(A) to support activities that have resulted in the
development of a new strain of anthrax; or
(B) for any purpose inconsistent with the
objectives of providing such assistance.
(2) The date on which the Secretary submits to the
congressional defense committees notification that the United
States has examined and tested the new strain of anthrax
reportedly developed at the State Research Center for Applied
Microbiology in Obolensk, Russia.
SEC. 1310. LIMITATION ON USE OF CERTAIN FUNDS FOR STRATEGIC ARMS
ELIMINATION IN RUSSIA OR UKRAINE.
No fiscal year 1999 Cooperative Threat Reduction funds authorized
to be obligated in section 1302(a)(11) for strategic arms elimination
in Russia or Ukraine may be obligated or expended until 30 days after
the date that the Secretary of Defense submits to the congressional
defense committees notification on how the Secretary plans to use such
funds.
SEC. 1311. AVAILABILITY OF FUNDS.
Funds appropriated pursuant to the authorization of appropriations
in section 301 for Cooperative Threat Reduction programs shall be
available for obligation for three fiscal years.
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.............. $4,300,000
Redstone Arsenal......... $1,550,000
California................... Fort Irwin............... $14,800,000
Georgia...................... Fort Benning............. $28,600,000
Hawaii....................... Schofield Barracks....... $67,500,000
Illinois..................... Rock Island Arsenal...... $5,300,000
Indiana...................... Crane Army Ammunition
Activity................ $7,100,000
Kansas....................... Fort Riley............... $3,600,000
Kentucky..................... Blue Grass Army Depot.... $5,300,000
Fort Campbell............ $41,000,000
Fort Knox................ $23,000,000
Louisiana.................... Fort Polk................ $8,300,000
Maryland..................... Fort Detrick............. $3,550,000
Missouri..................... Fort Leonard Wood........ $28,200,000
New Jersey................... Fort Monmouth............ $7,600,000
Picatinny Arsenal........ $8,400,000
New York..................... Fort Drum................ $4,650,000
United States Military
Academy, West Point..... $85,000,000
North Carolina............... Fort Bragg............... $95,900,000
Oklahoma..................... Fort Sill................ $13,800,000
McAlester Army Ammunition
Plant................... $10,800,000
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..................... National Ground
Intelligence Center,
Charlottesville......... $46,200,000
Fort Eustis.............. $36,531,000
Washington................... Fort Lewis............... $18,200,000
CONUS Classified............. Classified Location...... $4,600,000
---------------
Total............ $639,631,000
------------------------------------------------------------------------
(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
Wurzburg............... $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
Virginia.............................. Fort Lee................. 80 Units..................... $13,000,000
---------------
Total........................ $83,100,000
----------------------------------------------------------------------------------------------------------------
(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 $6,350,000.
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 $37,429,000.
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 $2,010,036,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $535,631,000.
(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, $5,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $63,792,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $126,879,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $1,097,697,000.
(6) For the Homeowners Assistance Program as authorized by
section 2832 of title 10, United States Code, $7,500,000.
(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.
(10) For rail yard expansion at Fort Carson, Colorado,
authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 1998, $23,000,000.
(11) For the construction of an aerial gunnery range at
Fort Drum, New York, authorized by section 2101(a) of the
Military Construction Authorization Act for Fiscal Year 1998,
$9,000,000.
(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) $16,000,000 (the balance of the amount authorized under
section 2101(a) for the construction of a multipurpose digital
training range at Fort Knox, Kentucky);
(3) $15,000,000 (the balance of the amount authorized under
section 2101(a) for the construction of a railhead facility at
Fort Hood, Texas);
(4) $73,000,000 (the balance of the amount authorized under
section 2101(a) for the construction of a cadet development
center at the United States Military Academy, West Point, New
York); and
(5) $36,000,000 (the balance of the amount authorized under
section 2101(b) for the construction of a powerplant on Roi
Namur Island at Kwajalein Atoll, Kwajalein).
(c) Adjustments.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (11) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced
by--
(1) $2,639,000, which represents the combination of project
savings in military family housing construction resulting from
favorable bids, reduced overhead costs, and cancellations due
to force structure changes; and
(2) $6,000,000, which represents the combination of project
savings in military construction resulting from favorable bids,
reduced overhead costs, and cancellations due to force
structure changes.
SEC. 2105. INCREASE IN FISCAL YEAR 1998 AUTHORIZATION FOR MILITARY
CONSTRUCTION PROJECTS AT FORT DRUM, NEW YORK, AND FORT
SILL, OKLAHOMA.
(a) Increase.--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--
(1) in the item relating to Fort Drum, New York, by
striking out ``$24,400,000'' in the amount column and inserting
in lieu thereof ``$24,900,000'';
(2) 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''; and
(3) by striking out the amount identified as the total in
the amount column and inserting in lieu thereof
``$602,750,000''.
(b) Conforming Amendment.--Section 2104 of that Act (111 Stat.
1968) is amended--
(1) in subsection (a)--
(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''; and
(2) in subsection (b)(8), by striking out ``$8,500,000''
and inserting in lieu thereof ``$9,000,000''.
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
Detachment, Flagstaff. $990,000
California..................... Marine Corps Air
Station, Miramar...... $29,570,000
Marine Corps Base, Camp
Pendleton............. $40,430,000
Naval Air Station, $20,640,000
Lemoore.
Naval Air Warfare $10,140,000
Center Weapons
Division, China Lake.
Naval Facility, San
Clemente Island....... $8,350,000
Naval Submarine Base, $11,400,000
San Diego.
District of Columbia........... Naval District, $790,000
Washington.
Florida........................ Naval Air Station, Key $3,730,000
West.
Naval Air Station, $1,500,000
Jacksonville.
Naval Air Station, $1,400,000
Whiting Field.
Naval Station, Mayport. $6,163,000
Georgia........................ Marine Corps Logistics
Base, Albany.......... $2,800,000
Naval Submarine Base,
Kings Bay............. $2,550,000
Hawaii......................... Fleet and Industrial
Supply Center, Pearl
Harbor................ $9,730,000
Marine Corps Air
Station, Kaneohe Bay.. $27,410,000
Naval Communications &
Telecommunications
Area Master Station
Eastern Pacific,
Wahiawa............... $1,970,000
Naval Shipyard, Pearl $11,400,000
Harbor.
Naval Station, Pearl $18,180,000
Harbor.
Naval Submarine Base,
Pearl Harbor.......... $8,060,000
Navy Public Works
Center, Pearl Harbor.. $28,967,000
Illinois....................... Naval Training Center,
Great Lakes........... $20,280,000
Indiana........................ Naval Surface Warfare
Center, Crane......... $11,110,000
Maryland....................... Naval Surface Warfare
Center, Indian Head
Division, Indian Head. $13,270,000
Mississippi.................... Naval Air Station, $3,280,000
Meridian.
Naval Construction
Battalion Center
Gulfport.............. $10,670,000
North Carolina................. Marine Corps Air
Station, Cherry Point. $6,040,000
Marine Corps Base, Camp
LeJeune............... $14,600,000
Pennsylvania................... Naval Surface Warfare
Center Ship Systems
Engineering Station,
Philadelphia.......... $2,410,000
Rhode Island................... Naval Education and
Training Center,
Newport............... $5,630,000
Naval Undersea Warfare
Center Division,
Newport............... $9,140,000
South Carolina................. Marine Corps Air
Station, Beaufort..... $1,770,000
Marine Corps Reserve
Detachment Parris
Island................ $15,990,000
Naval Weapons Station,
Charleston............ $9,737,000
Texas.......................... Naval Station, $12,200,000
Ingleside.
Virginia....................... Fleet and Industrial
Supply Center, Norfolk
(Craney Island)....... $1,770,000
Fleet Training Center, $5,700,000
Norfolk.
Naval Air Station, $6,400,000
Oceana.
Naval Shipyard,
Norfolk, Portsmouth... $6,180,000
Naval Station, Norfolk. $45,530,000
Naval Surface Warfare
Center, Dahlgren...... $15,680,000
Tactical Training Group
Atlantic, Dam Neck.... $2,430,000
Washington..................... Naval Shipyard, Puget $4,300,000
Sound.
Strategic Weapons
Facility Pacific,
Bremerton............. $2,750,000
---------------
Total.......... $484,047,000
------------------------------------------------------------------------
(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,
Souda Bay............. $5,260,000
Guam........................... Naval Activities, Guam. $10,310,000
Italy.......................... Naval Support Activity, $18,270,000
Naples.
United Kingdom................. Joint Maritime
Communications Center,
St. Mawgan............ $2,010,000
---------------
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, Lemoore 162 Units................. $30,379,000
Hawaii.................................. Navy Public Works Center,
Pearl Harbor............. 150 Units................. $29,125,000
---------------
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 $221,991,000.
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 $1,776,726,000 as
follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $470,547,000.
(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, $60,346,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $297,113,000.
(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 2202(a) 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--
(1) $6,323,000 which represents the combination of project
savings in military family housing construction resulting from
favorable bids, reduced overhead costs, and cancellations due
to force structure changes; and
(2) $5,000,000 which represents the combination of project
savings in military construction resulting from favorable bids,
reduced overhead costs, and cancellations due to force
structure changes.
SEC. 2205. AUTHORIZATION TO ACCEPT ROAD CONSTRUCTION PROJECT, MARINE
CORPS BASE, CAMP LEJEUNE, NORTH CAROLINA.
The Secretary of the Navy may accept from the State of North
Carolina, a road construction project valued at approximately
$2,000,000, which is to be constructed at Marine Corps Base, Camp
Lejeune, North Carolina, in accordance with plans and specifications
acceptable to the Secretary of the Navy.
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. $4,352,000
Arizona........................ Luke Air Force Base.... $3,400,000
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
Academy............... $4,413,000
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. $9,808,000
Tyndall Air Force Base. $3,600,000
Georgia........................ Robins Air Force Base.. $11,894,000
Hawaii......................... Hickam Air Force Base.. $5,890,000
Idaho.......................... Mountain Home Air Force
Base.................. $16,397,000
Kansas......................... McConnell Air Force $4,450,000
Base.
Maryland....................... Andrews Air Force Base. $4,448,000
Mississippi.................... Keesler Air Force Base. $35,526,000
Nevada......................... Indian Springs Air
Force Auxiliary Air
Field................. $15,013,000
Nellis Air Force Base.. $6,378,000
New Jersey..................... McGuire Air Force Base. $6,044,000
New Mexico..................... Holloman Air Force Base $11,100,000
Kirtland Air Force Base $1,774,000
North Carolina................. Seymour Johnson Air
Force Base............ $6,100,000
North Dakota................... Grand Forks Air Force $2,686,000
Base.
Ohio........................... Wright-Patterson Air
Force Base............ $22,000,000
Oklahoma....................... Altus Air Force Base... $5,300,000
Tinker Air Force Base.. $25,385,000
Vance Air Force Base... $6,223,000
South Carolina................. Charleston Air Force $24,330,000
Base.
South Dakota................... Ellsworth Air Force $6,500,000
Base.
Tennessee...................... Arnold Air Force Base.. $11,600,000
Texas.......................... Brooks Air Force Base.. $7,000,000
Dyess Air Force Base... $3,350,000
Lackland Air Force Base $14,930,000
Laughlin Air Force Base $7,315,000
Randolph Air Force Base $3,166,000
Washington..................... Fairchild Air Force $13,820,000
Base.
McChord Air Force Base. $51,847,000
---------------
Total............ $445,580,000
------------------------------------------------------------------------
(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
Nebraska.............................. Offutt Air Force Base.... Ancillary Facility........... $870,000
Offutt Air Force Base.... Ancillary Facility........... $900,000
Offutt Air Force Base.... 90 Units..................... $12,212,000
Nevada................................ Nellis Air Force Base.... 60 Units..................... $10,550,000
New Mexico............................ Kirtland Air Force Base.. 37 Units..................... $6,400,000
Ohio.................................. Wright-Patterson Air
Force Base.............. 40 Units..................... $5,600,000
Texas................................. Dyess Air Force Base..... 64 Units..................... $9,415,000
Sheppard Air Force Base.. 65 Units..................... $7,000,000
Washington............................ Fairchild Air Force Base. Ancillary Facility........... $1,692,000
Fairchild Air Force Base. 14 Units..................... $2,300,000
---------------
Total.................... $158,049,000
----------------------------------------------------------------------------------------------------------------
(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 $11,342,000.
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
$81,778,000.
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
$1,577,264,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $445,580,000.
(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, $37,592,000.
(5) For military housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $251,169,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $785,204,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 of this
Act may not exceed the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (5) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced
by--
(1) $9,584,000 which represents the combination of project
savings in military family housing construction resulting from
favorable bids, reduced overhead costs, and cancellations due
to force structure changes; and
(2) $11,000,000 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 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
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 Fuels Supply
Center, Camp Shelby,
Mississippi........... $5,300,000
Defense Fuels Supply
Center, Elmendorf Air
Force Base, Alaska.... $19,500,000
Defense Fuels Supply
Center, Pope Air Force
Base, North Carolina.. $4,100,000
Various Locations...... $1,300,000
Defense Medical Facilities
Office........................ Barksdale Air Force
Base, Louisiana....... $3,450,000
Beale Air Force Base,
California............ $3,500,000
Carlisle Barracks,
Pennsylvania.......... $4,678,000
Cheatham Annex, $11,300,000
Virginia.
Edwards Air Force Base,
California............ $6,000,000
Elgin Air Force Base, $9,200,000
Florida.
Fort Bragg, North $6,500,000
Carolina.
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..... Elgin Auxiliary Field
3, Florida............ $7,310,000
Elgin Auxiliary Field
9, Florida............ $2,400,000
Fort Campbell, Kentucky $15,000,000
MacDill Air Force Base,
Florida............... $8,400,000
Naval Amphibious Base,
Coronado, California.. $3,600,000
Stennis Space Center,
Mississippi........... $5,500,000
---------------
Total.......... $690,016,000
------------------------------------------------------------------------
(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
Organization.................. Kwajalein Atoll,
Kwajalein............. $4,600,000
Defense Logistics Agency....... Lajes Field, Azores,
Portugal.............. $7,700,000
Defense Medical Facilities
Office........................ Naval Air Station,
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 $2,386,023,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $369,966,000.
(2) For military construction projects outside the United
States authorized by section 2401(a), $59,905,000.
(3) 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 (division B
of Public Law 105-85; 111 Stat. 1982), and section 2405 of this
Act, $16,500,000.
(4) 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, $50,950,000.
(5) 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.
(6) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $16,094,000.
(7) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$4,890,000.
(8) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $39,866,000.
(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 variation authorized by section 2853 of title
10, United States Code, and any other cost variations authorized by
law, the total cost of all projects carried out under section 2401 of
this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a);
(2) $162,050,000 (the balance of the amount authorized
under section 2401(a) for the construction of the Ammunition
Demilitarization Facility at Newport Army Depot, Indiana); and
(3) $158,000,000 (the balance of the amount authorized
under section 2401(a) for the construction of the Ammunition
Demilitarization Facility at Aberdeen Proving Ground,
Maryland).
(c) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1) through (11) of subsection (a) is the sum of
the amounts authorized to be appropriated in such paragraphs, reduced
by $12,000,000, which represents the combination of project savings in
military construction resulting from favorable bids, reduced overhead
costs, and cancellations due to force structure changes.
SEC. 2405. INCREASE IN FISCAL YEAR 1995 AUTHORIZATION FOR MILITARY
CONSTRUCTION PROJECTS AT PINE BLUFF ARSENAL, ARKANSAS,
AND UMATILLA ARMY DEPOT, OREGON.
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. INCREASE IN FISCAL YEAR 1990 AUTHORIZATION FOR MILITARY
CONSTRUCTION PROJECT AT PORTSMOUTH NAVAL HOSPITAL,
VIRGINIA.
(a) Increase.--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''.
(b) Conforming Amendment.--Section 2405(b)(2) of that Act (103
Stat. 1642) is amended by striking out ``$321,500,000'' and inserting
in lieu thereof ``$342,854,000''.
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 $169,000,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal years beginning after September 30, 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, $70,338,000; and
(B) for the Army Reserve, $84,608,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $33,721,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $97,701,000; and
(B) for the Air Force Reserve, $35,371,000.
(b) Adjustment.--(1) The amount authorized to be appropriated
pursuant to subsection (a)(1)(A) is reduced by $2,000,000, which
represents the combination of project savings in military construction
resulting from favorable bids, reduced overhead costs, and
cancellations due to force structure changes.
(2) The amount authorized to be appropriated pursuant to subsection
(a)(3)(A) is reduced by $4,000,000, which represents the combination of
project savings in military construction resulting from favorable bids,
reduced overhead costs, and cancellations due to force structure
changes.
SEC. 2602. ARMY RESERVE CONSTRUCTION PROJECT, SALT LAKE CITY, UTAH.
(a) Cost Share Requirement.--With regard to the military
construction project for the Army Reserve concerning construction of a
reserve center and organizational maintenance shop at an appropriate
site in, or in the vicinity of, Salt Lake City, Utah, to be carried out
using funds appropriated pursuant to the authorization of
appropriations in section 2601(a)(1)(B), the Secretary of the Army
shall enter into an agreement with the State of Utah under which the
State agrees to provide financial or in-kind contributions in
connection with the project.
(b) Repeal of Superseded Authority.--(1) Section 2603 of the
Military Construction Authorization Act for Fiscal Year 1998 (division
B of Public Law 105-85; 111 Stat. 1983) is repealed.
(2) Section 2601(a)(1)(B) of such Act is amended by striking out
``$66,267,000'' and inserting in lieu thereof ``$53,553,000''.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVI for military construction projects, land acquisition,
family housing projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment program (and
authorizations of appropriations therefor) shall expire on the later
of--
(1) October 1, 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
Roads................... Housing Office............... $710,000
----------------------------------------------------------------------------------------------------------------
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
(Phase I)................... $5,000,000
----------------------------------------------------------------------------------------------------------------
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
Warfare Center.......... Denitrification/Acid Mixing
Facility.................... $6,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2704. 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. DEFINITION OF ANCILLARY SUPPORTING FACILITIES UNDER THE
ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF
MILITARY HOUSING.
Section 2871(1) of title 10, United States Code, is amended by
inserting after ``including'' the following: ``facilities to provide or
support elementary or secondary education,''.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. RESTORATION OF DEPARTMENT OF DEFENSE LANDS USED BY ANOTHER
FEDERAL AGENCY.
(a) Inclusion of Restoration as Contract Term.--Section 2691 of
title 10, United States Code, is amended by adding at the end the
following new subsection:
``(c) 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 other agency to use lands under
the control of the Secretary, the Secretary may require the other
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 the condition the land was in before its use by the
agency. In lieu of performing the work itself, the Federal agency may
elect, with the consent of the Secretary, to reimburse the Secretary
for the costs incurred by the military department to perform the
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.''.
SEC. 2812. OUTDOOR RECREATION DEVELOPMENT ON MILITARY INSTALLATIONS FOR
DISABLED VETERANS, MILITARY DEPENDENTS WITH DISABILITIES,
AND OTHER PERSONS WITH DISABILITIES.
(a) Access Enhancement.--Section 103 of the Sikes Act (16 U.S.C.
670c) is amended by adding at the end the following new subsections:
``(b) Access for Disabled Veterans, Military Dependents With
Disabilities, and Other Persons With Disabilities.--(1) In developing
facilities and conducting programs for public outdoor recreation at
military installations, consistent with the primary military mission of
the installations, the Secretary of Defense shall ensure, to the
maximum extent practicable, that outdoor recreation opportunities
(including fishing, hunting, trapping, wildlife viewing, boating, and
camping) made available to the public also provide equal access for
persons described in paragraph (2) when topographic, vegetative, and
water resources allow equal access without substantial modification to
the natural environment.
``(2) Persons referred to in paragraph (1) are disabled veterans,
military dependents with disabilities, and other persons with
disabilities.
``(3) The Secretary of Defense shall carry out this subsection in
consultation with the Secretary of Veterans Affairs, national service,
military, and veterans organizations, and sporting organizations in the
private sector that participate in outdoor recreation projects for
persons described in paragraph (2).
``(c) Acceptance of Donations.--In connection with the facilities
and programs for public outdoor recreation at military installations,
in particular the requirement under subsection (b) to provide equal
access for persons described in paragraph (2) of such subsection, the
Secretary of Defense may accept--
``(1) the voluntary services of individuals and
organizations; and
``(2) donations of money or property, whether real,
personal, mixed, tangible, or intangible.
``(d) Treatment of Volunteers.--A volunteer under subsection (c)
shall not be considered to be a Federal employee and shall not be
subject to the provisions of law relating to Federal employment,
including those relating to hours of work, rates of compensation,
leave, unemployment compensation, and Federal employee benefits, except
that--
``(1) for the purposes of the tort claims provisions of
chapter 171 of title 28, United States Code, the volunteer
shall be considered to be a Federal employee; and
``(2) for the purposes of subchapter I of chapter 81 of
title 5, United States Code, relating to compensation to
Federal employees for work injuries, the volunteer shall be
considered to be an employee, as defined in section 8101(1)(B)
of title 5, United States Code, and the provisions of such
subchapter shall apply.''.
(b) Conforming Amendment.--Such section is further amended by
striking out ``Sec. 103.'' and inserting in lieu thereof the following:
``SEC. 103. PROGRAM FOR PUBLIC OUTDOOR RECREATION.
``(a) Program Authorized.--''.
SEC. 2813. REPORT ON USE OF UTILITY SYSTEM CONVEYANCE AUTHORITY.
(a) Report Required.--Not later than March 1, 1999, the Secretary
of each military department shall submit to Congress a report
containing--
(1) the criteria to be used by the Secretary to select
utility systems, and related real property, under the
jurisdiction of the Secretary for conveyance to a municipal,
private, regional, district, or cooperative utility company or
other entity under the authority of section 2688 of title 10,
United States Code; and
(2) a description of the manner in which the Secretary will
ensure that any such conveyance does not adversely affect the
national security of the United States.
(b) List of Likely Systems for Conveyance.--The report submitted by
the Secretary of a military department under subsection (a) shall also
contain a list of the utility systems, including the locations of the
utility systems, that, as of the date of the submission of the report,
the Secretary considers are likely to be conveyed under the authority
of section 2688 of title 10, United States Code.
Subtitle C--Defense Base Closure and Realignment
SEC. 2821. PAYMENT OF STIPULATED PENALTIES ASSESSED UNDER THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND
LIABILITY ACT OF 1980 IN CONNECTION WITH MCCLELLAN AIR
FORCE BASE, CALIFORNIA.
(a) Source of Payment.--Notwithstanding subsection (b) of section
2906(a) of the Defense Base Closure and Realignment Act of 1990 (part A
of Title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), the
Secretary of Defense may use amounts in the Department of Defense Base
Closure Account 1990 established under subsection (a) of such section
to pay stipulated penalties assessed under the Comprehensive
Environmental Response Compensation and Liability Act (42 U.S.C. 9601
et seq.) against McClellan Air Force Base, California.
(b) Amount of Payment.--The amount expended under the authority of
subsection (a) may not exceed $15,000.
SEC. 2822. ELIMINATION OF WAIVER AUTHORITY REGARDING PROHIBITION
AGAINST CERTAIN CONVEYANCES OF PROPERTY AT NAVAL STATION,
LONG BEACH, CALIFORNIA.
Section 2826 of the Military Construction Authorization Act for
Fiscal Year 1998 (division B of Public Law 105-85; 111 Stat. 2001) is
amended by striking out subsection (e).
Subtitle D--Land Conveyances
PART I--ARMY CONVEYANCES
SEC. 2831. LAND CONVEYANCE, ARMY RESERVE CENTER, MASSENA, NEW YORK.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Village of Massena, New York (in this
section referred to as the ``Village''), all right, title, and interest
of the United States in and to a parcel of real property (including
improvements thereon) consisting of the Army Reserve Center in Massena,
New York, for the purpose of permitting the Village to develop the
parcel for public benefit, including the development of municipal
office space.
(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 Village.
(c) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2832. LAND CONVEYANCE, ARMY RESERVE CENTER, OGDENSBURG, NEW YORK.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the City of Ogdensburg, New York (in this
section referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property (including
improvements thereon) consisting of the Army Reserve Center in
Ogdensburg, New York, for the purpose of permitting the City to develop
the parcel for public benefit, including the development of municipal
office space.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the City.
(c) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2833. LAND CONVEYANCE, ARMY RESERVE CENTER, JAMESTOWN, OHIO.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Greeneview Local School District of
Jamestown, Ohio, all right, title, and interest of the United States in
and to a parcel of excess Federal real property, including improvements
thereon, that is located at 5693 Plymouth Road in Jamestown, Ohio, and
contains an Army Reserve Center.
(b) Purpose of Conveyance.--The purpose of the conveyance under
subsection (a) is to permit the Greeneview Local School District to
retain and use the conveyed property for the benefit of the students of
Greeneview schools.
(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 Greeneview Local School District.
(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. 2834. LAND CONVEYANCE, STEWART ARMY SUB-POST, NEW WINDSOR, NEW
YORK.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Town of New Windsor, New York (in this
section referred to as the ``Town''), all right, title, and interest of
the United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 291 acres at the
Stewart Army Sub-Post in New Windsor, New York.
(b) Exclusion.--The real property to be conveyed under subsection
(a) does not include any portion of the approximately 89.2-acre parcel
at Stewart Army Sub-Post that is proposed for transfer to the
jurisdiction and control of the Marine Corps or the approximately 22-
acre parcel at Stewart Army Sub-Post that is proposed for transfer to
the jurisdiction and control of the Army Reserve.
(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 interests of the United States.
SEC. 2835. 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 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, during the 10-year
period specified in subsection (c), the Reuse Authority reconveys all
or any part of the property conveyed under subsection (a), 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
and shall be available, to the extent provided in appropriation Acts,
for the same purposes and subject to the same limitations as other
funds in such appropriation, fund, or account.
(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.
(i) Additional Conveyance for Recreational Purposes.--Section
2858(a) of the National Defense Authorization Act for Fiscal Year 1996
(Public Law 104-106; 110 Stat. 571), as amended by section 2838 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 111 Stat. 2006), is further amended by adding at the end the
following new paragraph:
``(3) The Secretary may also convey to the State, without
consideration, another parcel of real property at the Indiana Army
Ammunition Plant consisting of approximately 2,000 acres of additional
riverfront property in order to connect the parcel conveyed under
paragraph (2) with the parcels of Charlestown State Park conveyed to
the State under paragraph (1) and title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note).''.
SEC. 2836. 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, during the 10-year
period specified in subsection (c), the County reconveys all or any
part of the property conveyed under subsection (a), 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 and
shall be available, to the extent provided in appropriation Acts, for
the same purposes and subject to the same limitations as other funds in
such appropriation, fund, or account.
(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. 2837. RELEASE OF REVERSIONARY INTEREST OF UNITED STATES IN FORMER
REDSTONE ARMY ARSENAL PROPERTY CONVEYED TO ALABAMA SPACE
SCIENCE EXHIBIT COMMISSION.
(a) Release Authorized.--The Secretary of the Army may release,
without consideration and to such extent as the Secretary considers
appropriate to protect the interests of the United States, the
reversionary interests of the United States in the real property
described in subsection (b), which were retained by the United States
when the property was conveyed to the Alabama Space Science Exhibit
Commission, an agency of the State of Alabama. The release shall be
executed in the manner provided in this section.
(b) Description of Property.--The real property referred to in this
section is the real property conveyed to the Alabama Space Science
Exhibit Commission under the authority of the following provisions of
law:
(1) The first section of Public Law 90-276 (82 Stat. 68).
(2) Section 813 of the Military Construction Authorization
Act, 1980 (Public Law 96-125; 93 Stat. 952).
(3) Section 813 of the Military Construction Authorization
Act, 1984 (Public Law 98-115; 97 Stat. 790).
(c) Release, Waiver, or Conveyance of Other Rights, Terms, and
Conditions.--As part of the release under subsection (a), the Secretary
may release, waive, or convey, without consideration and to such extent
as the Secretary considers appropriate to protect the interests of the
United States--
(1) any and all other rights retained by the United States
in and to the real property described in subsection (b) when
the property was conveyed to the Alabama Space Science Exhibit
Commission; and
(2) any and all terms and conditions and restrictions on
the use of the real property imposed as part of the conveyances
described in subsection (b).
(d) Conditions on Release, Waiver, or Conveyance.--(1) The
Secretary may execute the release under subsection (a) or a release,
waiver, or conveyance under subsection (c) only after--
(A) the Secretary approves of the master plan prepared by
the Alabama Space Science Exhibit Commission, as such plan may
exist or be revised from time to time, for development of the
real property described in subsection (b); and
(2) the installation commander at Redstone Arsenal,
Alabama, certifies to the Secretary that the release, waiver,
or conveyance is consistent with the master plan.
(2) A new facility or structure may not be constructed on the real
property described in subsection (b) unless the facility or structure
is included in the master plan, which has been approved and certified
as provided in paragraph (1).
(e) Instrument of Release, Waiver, or Conveyance.--In making a
release, waiver, or conveyance authorized by this section, the
Secretary shall execute and file in the appropriate office or offices a
deed of release, amended deed, or other appropriate instrument
effectuating the release, waiver, or conveyance.
(f) Effect of Release.--Except as provided in subsection (g), upon
release of any reversionary interest under this section, the right,
title and interest of the Alabama Space Science Exhibit Commission in
and to the real property described in subsection (b) shall, to the
extent of the release, no longer be subject to the conditions
prescribed in the provisions of law specified in such subsection.
Except as provided in subsection (g), the Alabama Space Science Exhibit
Commission may use the real property for any such purpose or purposes
as it considers appropriate consistent with the master plan approved
and certified as provided in subsection (d), and the real property may
be conveyed by the Alabama Space Science Exhibit Commission without
restriction and unencumbered by any claims or rights of the United
States with respect to the property, subject to such rights, terms, and
conditions of the United States previously imposed on the real property
and not conveyed or released by the Secretary under subsection (c).
(g) Exceptions.--(1) Conveyance of the drainage and utility
easement reserved to the United States pursuant to section 813(b)(3) of
the Military Construction Authorization Act, 1984 (Public Law 98-115;
97 Stat. 791), is not authorized under this section.
(2) In no event may title to any portion of the real property
described in subsection (b) be conveyed by the Alabama Space Science
Exhibit Commission or any future deed holder of the real property to
any person other than an agency, instrumentality, political
subdivision, municipal corporation, or public corporation of the State
of Alabama, and the land use of such conveyed property may not be
changed without the approval of the Secretary.
PART II--NAVY CONVEYANCES
SEC. 2841. EASEMENT, MARINE CORPS BASE, CAMP PENDLETON, CALIFORNIA.
(a) Easement Authorized.--The Secretary of the Navy may grant an
easement, in perpetuity, to the Foothill/Eastern Transportation
Corridor Agency (in this section referred to as the ``Agency'') over a
parcel of real property at Marine Corps Base, Camp Pendleton,
California, consisting of approximately 340 acres to permit the
Recipient of the easement to construct, operate, and maintain a
restricted access highway. The area covered by the easement shall
include slopes and all necessary incidents thereto.
(b) Consideration.--As consideration for the conveyance of the
easement under subsection (a), the Agency shall pay to the United
States an amount equal to the fair market value of the easement, as
determined by an independent appraisal satisfactory to the Secretary
and paid for by the Agency.
(c) Use of Proceeds.--In such amounts as are provided in advance in
appropriation Acts, the Secretary shall use the funds paid by the
Agency under subsection (b) to carry out one or more of the following
programs at Camp Pendleton:
(1) Enhancement of access from Red, White, and Green Beach
under the I-5 interstate highway and railroad crossings to
inland areas.
(2) Improvement of roads and bridge structures in the range
and training area.
(3) Realignment of Basilone Road.
(d) Description of Property.--The exact acreage and legal
description of the easement 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 Agency.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the easement
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2842. LAND CONVEYANCE, NAVAL RESERVE READINESS CENTER, PORTLAND,
MAINE.
(a) Conveyance Authorized.--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 and any appurtenant interest in
submerged lands thereon, consisting of approximately 3.72 acres in
Portland, Maine, which is the site of the Naval Reserve Readiness
Center, Portland, Maine.
(b) Purpose.--The purpose of the conveyance under subsection (a) 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.
(c) 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.
(2) To provide the replacement facilities, the Corporation may--
(A) convey to the United States a parcel of real property
determined by the Secretary to be an appropriate location for
the facilities and design and construct the facilities on the
conveyed parcel; or
(B) design and construct the facilities on such parcel of
real property under the jurisdiction of the Secretary as the
Secretary shall specify.
(3) The Secretary shall select the form in which the consideration
under paragraph (2) will be provided.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a),
and of the real property, if any, to be conveyed under subsection (c),
shall be determined by surveys satisfactory to the Secretary. The cost
of the surveys shall be borne by the Corporation.
(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.
PART III--AIR FORCE CONVEYANCES
SEC. 2851. LAND CONVEYANCE, LAKE CHARLES AIR FORCE STATION, LOUISIANA.
(a) Conveyances Authorized.--The Secretary of the Air Force may
convey, without consideration, to McNeese State University of Louisiana
(in this section referred to as the ``University'') all right, title,
and interest of the United States in and to a parcel of real property
(including improvements thereon) consisting of approximately 4.38 at
Lake Charles Air Force Station, Louisiana, for the purpose of
permitting the University to use the parcel for educational purposes
and agricultural research.
(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 University.
(c) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 2852. LAND CONVEYANCE, AIR FORCE HOUSING FACILITY, LA JUNTA,
COLORADO.
(a) Conveyance Required.--The Secretary of the Air Force may
convey, without consideration, to the City of La Junta, Colorado (in
this section referred to as the ``City''), all right, title, and
interest of the United States in and to the unused Air Force housing
facility, consisting of approximately 28 acres and improvements
thereon, located within the southern most boundary of the City.
(b) Purpose of Conveyance.--The purpose of the conveyance under
subsection (a) is to permit the city to develop the conveyed property
for housing and educational purposes.
(c) 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 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.
Subtitle E--Other Matters
SEC. 2861. REPEAL OF PROHIBITION ON JOINT USE OF GRAY ARMY AIRFIELD,
FORT HOOD, TEXAS, WITH CIVIL AVIATION.
Section 319 of the National Defense Authorization Act for Fiscal
Year 1987 (Public Law 99-661; 100 Stat. 3855) is repealed.
SEC. 2862. DESIGNATION OF BUILDING CONTAINING NAVY AND MARINE CORPS
RESERVE CENTER, AUGUSTA, GEORGIA.
The building containing the Navy and Marine Corps Reserve Center
located at 2869 Central Avenue in Augusta, Georgia, shall be known and
designated as the ``A. James Dyess Building''.
SEC. 2863. EXPANSION OF ARLINGTON NATIONAL CEMETERY.
(a) Land Transfer, Navy Annex, Arlington, Virginia.--
(1) In general.--The Secretary of Defense shall provide for
the transfer to the Secretary of the Army of administrative
jurisdiction over the following parcels of land situated in
Arlington, Virginia:
(A) Certain lands which comprise approximately 26
acres bounded by Columbia Pike to the south and east,
Oak Street to the west, and the boundary wall of
Arlington National Cemetery to the north including
Southgate Road.
(B) Certain lands which comprise approximately 8
acres bounded by Shirley Memorial Boulevard (Interstate
395) to the south, property of the Virginia Department
of Transportation to the west, Columbia Pike to the
north, and Joyce Street to the east.
(C) Certain lands which comprise approximately 2.5
acres bounded by Shirley Memorial Boulevard (Interstate
395) to the south, Joyce Street to the west, Columbia
Pike to the north, and the cloverleaf interchange of
Route 100 and Columbia Pike to the east.
(2) Use of land.--The Secretary of the Army shall
incorporate the parcels of land transferred under paragraph (1)
into Arlington National Cemetery.
(3) Remediation of land for cemetery use.--Before the
transfer of administrative jurisdiction over the parcels of
land under paragraph (1), the Secretary of Defense shall
provide for the removal of any improvements on the parcels of
land and, in consultation with the Superintendent of Arlington
National Cemetery, the preparation of the land for use for
interment of remains of individuals in Arlington National
Cemetery.
(4) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report explaining in detail the measures required to
prepare the land for use as a part of Arlington National
Cemetery.
(5) Deadline.--The Secretary of Defense shall complete the
transfer of administrative jurisdiction over the parcels of
land under this subsection not later than the earlier of--
(A) January 1, 2010; or
(B) the date when those parcels are no longer
required (as determined by the Secretary) for use as
temporary office space due to the renovation of the
Pentagon.
(b) Modification of Boundary of Arlington National Cemetery.--.
(1) In general.--The Secretary of the Army shall modify the
boundary of Arlington National Cemetery to include the
following parcels of land situated in Fort Myer, Arlington,
Virginia:
(A) Certain lands which comprise approximately 5
acres bounded by the Fort Myer Post Traditional Chapel
to the southwest, McNair Road to the northwest, the
Vehicle Maintenance Complex to the northeast, and the
masonry wall of Arlington National Cemetery to the
southeast.
(B) Certain lands which comprise approximately 3
acres bounded by the Vehicle Maintenance Complex to the
southwest, Jackson Avenue to the northwest, the water
pumping station to the northeast, and the masonry wall
of Arlington National Cemetery to the southeast.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Army shall submit
to Congress a report describing additional parcels of land
located in Fort Myer, Arlington, Virginia, that may be suitable
for use to expand Arlington National Cemetery.
(3) Survey.--The Secretary of the Army may determine the
exact acreage and legal description of the parcels of land
described in paragraph (1) by a survey.
SEC. 2864. REPORTING REQUIREMENTS UNDER DEMONSTRATION PROJECT FOR
PURCHASE OF FIRE, SECURITY, POLICE, PUBLIC WORKS, AND
UTILITY SERVICES FROM LOCAL GOVERNMENT AGENCIES.
Section 816(b) of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 108 Stat. 2820) is amended by striking
out ``and 1998'' and inserting in lieu thereof ``through 2000''.
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
$4,142,100,000, 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 $2,138,375,000, to be allocated as follows:
(A) For core stockpile stewardship, $1,591,375,000,
to be allocated as follows:
(i) For operation and maintenance,
$1,475,832,000.
(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
facility, Lawrence Livermore
National Laboratory, Livermore, California, $4,000,000.
Project 99-D-104, protection of
real property (roof reconstruction,
Phase II), Lawrence Livermore National
Laboratory, Livermore, California,
$7,300,000.
Project 99-D-105, central health
physics calibration facility, 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, 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,
Sandia National Laboratories,
Albuquerque, New Mexico, $18,920,000.
Project 96-D-105, contained firing
facility 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, Lawrence Livermore National
Laboratory, Livermore, California,
$284,200,000.
(C) For technology partnership and education,
$49,000,000, to be allocated as follows:
(i) For technology partnership,
$40,000,000.
(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 $2,134,625,000, to be allocated as follows:
(A) For operation and maintenance, $2,019,303,000.
(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), $115,322,000, 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, 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 consolidation,
Amarillo, Texas, $1,108,000.
Project 99-D-132, stockpile management
restructuring initiative, nuclear material
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, $9,164,000.
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 (CMR) upgrades project, Los Alamos
National Laboratory, Los Alamos, New Mexico,
$16,000,000.
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
$240,000,000.
(b) Adjustments.--
(1) Construction.--The total amount authorized to be
appropriated pursuant to paragraphs (1)(A)(ii), (1)(B)(ii), and
(2)(B) of subsection (a) is the sum of the amounts authorized
to be appropriated in those paragraphs, reduced by the sum of
$30,000,000.
(2) Non-construction.--The total amount authorized to be
appropriated pursuant to paragraphs (1)(A)(i), (1)(B)(i),
(1)(C), (2)(A), and (3) of subsection (a) is the sum of the
amounts authorized to be appropriated in those paragraphs,
reduced by the sum of $340,900,000, to be derived from use of
prior year balances.
SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.
(a) In General.--Funds are hereby authorized to be appropriated to
the Department of Energy for fiscal year 1999 for environmental
restoration and waste management in carrying out programs necessary for
national security in the amount of $5,706,650,000, to be allocated as
follows:
(1) Closure projects.--For closure projects carried out in
accordance with section 3143 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110
Stat. 2836; 42 U.S.C. 7274n) in the amount of $1,046,240,000.
(2) Privatization.--For privatization projects in carrying
out environmental restoration and waste management activities
necessary for national security programs in the amount of
$286,857,000.
(3) Site project and completion.--For site project and
completion in carrying out environmental restoration and waste
management activities necessary for national security programs
in the amount of $1,085,253,000, to be allocated as follows:
(A) For operation and maintenance, $886,090,000.
(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 areas, Savannah River Site,
Aiken, South Carolina, $2,745,000.
Project 99-D-404, health physics
instrumentation laboratory, Idaho National
Engineering Laboratory, 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 Laboratory, 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, environmental monitoring
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 Laboratory,
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 Laboratory, Idaho,
$485,000.
Project 92-D-140, F&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.
(4) Post-2006 completion.--For post-2006 project completion
in carrying out environmental restoration and waste management
activities necessary for national security programs in the
amount of $2,765,451,000, to be allocated as follows:
(A) For operation and maintenance, $2,684,195,000.
(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.
(5) Science and technology.--For science and technology in
carrying out environmental restoration and waste management
activities necessary for national security programs in the
amount of $270,750,000.
(6) Program direction.--For program direction in carrying
out environmental restoration and waste management activities
necessary for national security programs in the amount of
$346,199,000.
(b) Adjustment.--The total amount authorized to be appropriated
pursuant to paragraphs (1), (3)(A), (4)(A), (5), and (6) of subsection
(a) is the sum of the amounts authorized to be appropriated in those
paragraphs, reduced by the sum of $94,100,000, to be derived from use
of prior year balances.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
(a) In General.--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 $1,720,760,000, to be allocated as follows:
(1) Nonproliferation and national security.--For
nonproliferation and national security, $693,900,000, to be
allocated as follows:
(A) For verification and control technology,
$500,500,000, to be allocated as follows:
(i) For nonproliferation and verification
research and development, $210,000,000.
(ii) For arms control, $256,900,000.
(iii) For intelligence, $33,600,000.
(B) For nuclear safeguards and security,
$53,200,000.
(C) For security investigations, $30,000,000.
(D) For emergency management, $21,300,000.
(E) For program direction, $88,900,000.
(2) Worker and community transition assistance.--For worker
and community transition assistance, $45,000,000, to be
allocated as follows:
(A) For worker and community transition,
$41,000,000.
(B) For program direction, $4,000,000.
(3) 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, $4,588,000.
(C) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of
projects authorized in prior years, and land
acquisition related thereto), $53,000,000, to be
allocated as follows:
Project 99-D-141, pit disassembly and
conversion facility, various locations,
$25,000,000.
Project 99-D-143, mixed oxide fuel
fabrication facility, various locations,
$28,000,000.
(4) Environment, safety, and health.--For environment,
safety, and health, defense, $94,000,000, to be allocated as
follows:
(A) For the Office of Environment, Safety, and
Health (Defense), $89,231,000.
(B) For program direction, $4,769,000.
(5) Office of hearings and appeals.--For the Office of
Hearings and Appeals, $2,400,000.
(6) International nuclear safety.--For international
nuclear safety, $35,000,000.
(7) 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), $21,800,000, to be allocated
as follows:
GPN-101 general plant projects,
various locations, $9,000,000.
Project 98-D-200, site laboratory/
facility upgrade, various locations,
$7,000,000.
Project 90-N-102, expended core
facility dry cell project, Naval
Reactors Facility, Idaho, $5,800,000.
(B) For program direction, $20,100,000.
(b) Adjustment.--The total amount authorized to be appropriated
pursuant to this section is the sum of the amounts authorized to be
appropriated in paragraphs (1) through (7) of subsection (a) reduced by
the sum of $20,000,000.
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.
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 2000.
SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS.
(a) Transfer Authority for Defense Environmental Management
Funds.--The Secretary of Energy shall provide the manager of each field
office of the Department of Energy with the authority to transfer
defense environmental management funds from a program or project under
the jurisdiction of the office to another such program or project.
(b) Limitations.--(1) Only one transfer may be made to or from any
program or project under subsection (a) in a fiscal year.
(2) The amount transferred to or from a program or project under
subsection (a) may not exceed $5,000,000 in a fiscal year.
(3) A transfer may not be carried out by a manager of a field
office under subsection (a) unless the manager determines that the
transfer is necessary to address a risk to health, safety, or the
environment or to assure the most efficient use of defense
environmental management funds at the field office.
(4) Funds transferred pursuant to subsection (a) may not be used
for an item for which Congress has specifically denied funds or for a
new program or project that has not been authorized by Congress.
(c) Exemption From Reprogramming Requirements.--The requirements of
section 3121 shall not apply to transfers of funds pursuant to
subsection (a).
(d) Notification.--The Secretary, acting through the Assistant
Secretary of Energy for Environmental Management, shall notify Congress
of any transfer of funds pursuant to subsection (a) not later than 30
days after such transfer occurs.
(e) Definitions.--In this section:
(1) The term ``program or project'' means, with respect to
a field office of the Department of Energy, any of the
following:
(A) A project listed in paragraph (3) or (4) of
section 3102.
(B) A program referred to in paragraph (3), (4), or
(5) of section 3102.
(C) A project or program not described in
subparagraph (A) or (B) 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. PROHIBITION ON FEDERAL LOAN GUARANTEES FOR DEFENSE
ENVIRONMENTAL MANAGEMENT PRIVATIZATION PROJECTS.
Section 3132 of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 111 Stat. 2034) is amended by adding at
the end the following new subsection:
``(g) Prohibition on Loan Guarantees.--The Secretary of Energy may
not guarantee any loan made by a private sector entity to a contractor
to pay for any costs (including costs described in subsection (a)(3))
borne by the contractor to carry out a contract entered into under this
section.''.
SEC. 3132. EXTENSION OF FUNDING PROHIBITION RELATING TO INTERNATIONAL
COOPERATIVE STOCKPILE STEWARDSHIP.
Section 3133(a) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2036) is amended by
striking out ``for fiscal year 1998'' and inserting in lieu thereof
``for any fiscal year''.
SEC. 3133. USE OF CERTAIN FUNDS FOR MISSILE DEFENSE TECHNOLOGY
DEVELOPMENT.
Of the funds authorized to be appropriated pursuant to section
3101, the Secretary of Energy shall make available not less than
$60,000,000 for the purpose of developing, demonstrating, and testing
hit-to-kill interceptor vehicles for theater missile defense systems.
The Secretary shall carry out this section in cooperation with the
Ballistic Missile Defense Organization of the Department of Defense.
SEC. 3134. SELECTION OF TECHNOLOGY FOR TRITIUM PRODUCTION.
(a) Selection of Technology.--(1) Subject to paragraph (2), the
Secretary of Energy shall select a primary technology for the
production of tritium not later than December 31, 1999.
(2) The Secretary may not select a primary technology for the
production of tritium until the date that is the later of the
following:
(A) The date occurring 30 days after the completion of the
test program at the Watts Bar Nuclear Station, Tennessee.
(B) The date on which the report required by subsection (b)
is submitted.
(b) Report.--The Secretary of Energy shall submit to Congress a
report on the results of the test program at the Watts Bar Nuclear
Station. The report shall include--
(1) data on any leakage of tritium from the test rods;
(2) the amount of tritium produced during the test; and
(3) any other technical findings resulting from the test.
SEC. 3135. LIMITATION ON USE OF CERTAIN FUNDS AT HANFORD SITE.
(a) Limitation.--(1) None of the funds described in subsection (b)
may be used unless the Secretary of Energy certifies to Congress not
later than 90 days after the date of the enactment of this Act that the
Department of Energy does not intend to pay overhead costs that exceed
more than 33 percent of total contract costs during fiscal year 1999
for the Project Hanford Management Contractors (at the Hanford Site,
Richland, Washington), including the prime contractor and
subcontractors at any tier (including Enterprise Company contractors).
(2) For purposes of paragraph (1), overhead costs include--
(A) indirect overhead costs, which include all activities
whose costs are spread across other accounts of the contractor
or site;
(B) support service overhead costs, which include
activities or services for which programs pay per unit used;
(C) all fee, awards, and other profit on indirect and
support service overhead costs, or fees that are not
attributable to performance on a single project;
(D) any portion of Enterprise Company costs for which there
is no competitive bid and which, under the prior contract, had
been an indirect or service function; and
(E) all computer service and information management costs
that had previously been reported in indirect overhead or
service center pool accounts.
(b) Funds.--The funds referred to in subsection (a) are the
following:
(1) $12,000,000 for reactor decontamination and
decommissioning, as authorized to be appropriated by section
3102 and allocated under subsection (a)(4)(A).
(2) $18,000,000 for single-shell tank drainage, as
authorized to be appropriated by section 3102 and allocated
under subsection (a)(4)(A).
(c) Use of Savings.--The expected savings during fiscal year 1999
from compliance with subsection (a) shall be used at the Hanford Site
for ensuring full compliance with the Hanford Federal Facility
Agreement and Consent Order and recommendations of the Defense Nuclear
Facilities Safety Board.
(d) Sense of Congress.--It is the sense of Congress that--
(1) overhead costs for contractors performing environmental
cleanup work at defense nuclear facilities are out of control;
(2) some of the increase in overhead costs can be
attributed to unnecessary regulation by the Department of
Energy; and
(3) the Department of Energy should take whatever actions
possible to minimize any increased costs of contractor overhead
that are attributable to unnecessary regulation by the
Department.
Subtitle D--Other Matters
SEC. 3151. TERMINATION OF WORKER AND COMMUNITY TRANSITION ASSISTANCE.
(a) Prohibition.--No funds may be used by the Secretary of Energy
after September 30, 2000, to provide worker or community transition
assistance with respect to defense nuclear facilities, including
assistance provided under section 3161 of the National Defense
Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274h).
(b) Repeal.--Effective October 1, 2000, section 3161 of the
National Defense Authorization Act for Fiscal Year 1993 (42 U.S.C.
7274h) is repealed.
(c) Study by the General Accounting Office.--
(1) Study requirement.--The Comptroller General shall
conduct a study on the effects of workforce restructuring plans
for defense nuclear facilities developed pursuant to section
3161 of the National Defense Authorization Act for Fiscal Year
1993 (42 U.S.C. 7274h).
(2) Matters covered by study.--The study shall cover the
four-year period preceding the date of the enactment of this
Act and shall include the following:
(A) An analysis of the number of jobs created by
any employee retraining, education, and reemployment
assistance and any community impact assistance provided
in each workforce restructuring plan developed pursuant
to section 3161 of the National Defense Authorization
Act for Fiscal Year 1993.
(B) An analysis of other benefits provided pursuant
to such plans, including any assistance provided to
community reuse organizations.
(C) A description of the funds expended, and the
funds obligated but not expended, pursuant to such
plans as of the date of the report.
(D) A description of the criteria used since
October 23, 1992, in providing assistance pursuant to
such plans.
(E) A comparison of any similar benefits provided--
(i) pursuant to such a plan to employees
whose employment at the defense nuclear
facility covered by the plan is terminated; and
(ii) to employees whose employment at a
facility where more than 50 percent of the
revenues are derived from contracts with the
Department of Defense has been terminated as a
result of cancellation, termination, or
completion of contracts with the Department of
Defense and the employees whose employment is
terminated constitute more than 15 percent of
the employees at that facility.
(F) A comparison of--
(i) involuntary separation benefits
provided to employees of Department of Energy
contractors and subcontractors under such
plans; and
(ii) involuntary separation benefits
provided to employees of the Federal
Government.
(G) A comparison of costs to the Federal Government
(including costs of involuntary separation benefits)
for--
(i) involuntary separations of employees of
Department of Energy contractors and
subcontractors; and
(ii) involuntary separations of employees
of contractors and subcontractors of other
Federal Government departments and agencies.
(H) A description of the length of service and
hiring dates of employees of Department of Energy
contractors and subcontractors provided benefits under
such plans in the two-year period preceding the date of
the enactment of this Act.
(3) Report on study.--The Comptroller General shall submit
a report to Congress on the results of the study not later than
March 31, 1999.
(4) Definition.--In this section, the term ``defense
nuclear facility'' has the meaning provided the term
``Department of Energy defense nuclear facility'' in section
3163 of the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102-484; 42 U.S.C. 7274j).
(d) Effect on USEC Privatization Act.--(1) Section 3110(a)(5) of
the USEC Privatization Act (Public Law 104-134; 110 Stat. 1321-341; 42
U.S.C. 2297h-8(a)(5)) is amended by adding at the end the following:
``With respect to such section 3161, the Secretary shall, on and after
the effective date of the repeal of such section, provide assistance to
any such employee in accordance with the terms of such section as in
effect on the day before the effective date of its repeal.''.
(2) After the effective date of the repeal of section 3161 of the
National Defense Authorization Act for Fiscal Year 1993 (42 U.S.C.
7274h), no funds appropriated to the Department of Energy for atomic
energy defense activities may be used to provide assistance under that
section (by reason of the amendment made by paragraph (1)) to the
adversely affected employees described in section 3110(a)(5) of the
USEC Privatization Act (Public Law 104-134; 110 Stat. 1321-341; 42
U.S.C. 2297h-8(a)(5)).
SEC. 3152. REQUIREMENT FOR PLAN TO MODIFY EMPLOYMENT SYSTEM USED BY
DEPARTMENT OF ENERGY IN DEFENSE ENVIRONMENTAL MANAGEMENT
PROGRAMS.
(a) Plan Requirement.--(1) The Secretary of Energy shall develop a
plan to modify the Federal employment system used within the defense
environmental management programs of the Department of Energy to allow
for workforce restructuring in those programs.
(2) The plan shall address strategies to recruit and hire--
(A) individuals with a high degree of scientific and
technical competence in the areas of nuclear and toxic waste
remediation and environmental restoration; and
(B) individuals with the necessary skills to manage large
construction and environmental remediation projects.
(3) The plan shall include an identification of the provisions of
Federal law that would need to be changed to allow the Secretary of
Energy to restructure the Department of Energy defense environmental
management workforce to hire individuals described in paragraph (2),
while staying within any numerical limitations required by law
(including section 3161 of Public Law 103-337 (42 U.S.C. 7231 note)) on
employment of such individuals.
(b) Report.--The Secretary shall submit to Congress a report on the
plan developed under subsection (a).
(c) Limitation on Use of Certain Funds.--The Secretary of Energy
may not use more than 75 percent of the funds available to the
Secretary pursuant to the authorization of appropriations in section
3102(a)(6) (relating to program direction) until the Secretary submits
the report required by subsection (b).
SEC. 3153. REPORT ON STOCKPILE STEWARDSHIP CRITERIA.
(a) Requirement for Criteria.--The Secretary of Energy shall
develop clear and specific criteria for judging whether the science-
based tools being used by the Department of Energy for determining the
safety and reliability of the nuclear weapons stockpile are performing
in a manner that will provide an adequate degree of certainty that the
stockpile is safe and reliable.
(b) Report.--Not later than March 1, 1999, the Secretary of Energy
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 efforts by the Department of Energy to develop the criteria
required by subsection (a). The report shall include--
(1) a description of the information needed to determine
that the nuclear weapons stockpile is safe and reliable and the
relationship of the science-based tools to the collection of
that information; and
(2) a description of the criteria required by subsection
(a) to the extent they have been defined as of the date of the
submission of the report.
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 $82,647,000 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)).
(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.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
SEC. 3401. DEFINITIONS.
In this title:
(1) The term ``naval petroleum reserves'' has the meaning
given the term in section 7420(2) of title 10, United States
Code.
(2) The term ``Naval Petroleum Reserve Numbered 2'' means
the naval petroleum reserve, commonly referred to as the Buena
Vista unit, that is located in Kern County, California, and was
established by Executive order of the President, dated December
13, 1912.
(3) The term ``Naval Petroleum Reserve Numbered 3'' means
the naval petroleum reserve, commonly referred to as the Teapot
Dome unit, that is located in the State of Wyoming and was
established by Executive order of the President, dated April
30, 1915.
(4) The term ``Oil Shale Reserve Numbered 2'' means the
naval petroleum reserve that is located in the State of Utah
and was established by Executive order of the President, dated
December 6, 1916.
(5) The term ``antitrust laws'' means has the meaning given
the term in section 1(a) of the Clayton Act (15 U.S.C. 12(a)),
except that the term also includes--
(A) the Act of June 19, 1936 (15 U.S.C. 13 et seq.;
commonly known as the Robinson-Patman Act); and
(B) section 5 of the Federal Trade Commission Act
(15 U.S.C. 45), to the extent that such section applies
to unfair methods of competition.
(6) The term ``general land laws'' includes the Mineral
Leasing Act (30 U.S.C. 181 et seq.) and the Materials Act of
1947 (30 U.S.C. 601 et seq.), but excludes the Mining Law of
1872 (30 U.S.C. 22 et seq.).
(7) The term ``petroleum'' has the meaning given the term
in section 7420(3) of title 10, United States Code.
SEC. 3402. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are hereby authorized
to be appropriated to the Secretary of Energy $22,500,000 for fiscal
year 1999 for the purpose of carrying out--
(1) activities under chapter 641 of title 10, United States
Code, relating to the naval petroleum reserves;
(2) closeout activities at Naval Petroleum Reserve Numbered
1 upon 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); and
(3) activities under this title relating to the disposition
of Naval Petroleum Reserve Numbered 2, Naval Petroleum Reserve
Numbered 3, and Oil Shale Reserve Numbered 2.
(b) Availability of Appropriations.--Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall remain
available until expended.
SEC. 3403. PRICE REQUIREMENT ON SALE OF CERTAIN PETROLEUM DURING FISCAL
YEAR 1999.
Notwithstanding section 7430(b)(2) of title 10, United States Code,
during fiscal year 1999, any sale of any part of the United States
share of petroleum produced from Naval Petroleum Reserve Numbered 2 or
Naval Petroleum Reserve Numbered 3, shall be made at a price not less
than 90 percent of the current sales price, as estimated by the
Secretary of Energy, of comparable petroleum in the same area.
SEC. 3404. DISPOSAL OF NAVAL PETROLEUM RESERVE NUMBERED 2.
(a) Disposal of Ford City Lots.--(1) Subject to section 3407, the
Secretary of Energy shall dispose of that portion of Naval Petroleum
Reserve Numbered 2 located within the town lots in Ford City,
California, as generally depicted on the map of Naval Petroleum Reserve
Numbered 2 that accompanies the report of the Secretary entitled
``Report and Recommendations on the Management and Disposition of the
Naval Petroleum and Oil Shale Reserves (Excluding Elk Hills)'', dated
March 1997.
(2) The Secretary of Energy may carry out the disposal of that
portion of Naval Petroleum Reserve Numbered 2 described in paragraph
(1) by competitive sale or lease consistent with commercial practices,
by transfer to another Federal agency or a public or private entity, or
by any other means. Any competitive sale or lease under this subsection
shall provide for the disposal of all right, title, and interest of the
United States in the property to be conveyed. The Secretary of Energy
may use the authority provided by the Act of June 14, 1926 (43 U.S.C.
869 et seq.; commonly known as the Recreation and Public Purposes Act),
in the same manner and to the same extent as the Secretary of the
Interior, to dispose of that portion of Naval Petroleum Reserve
Numbered 2 described in paragraph (1).
(3) The Secretary of Energy may extend to a purchaser or other
transferee of property under this subsection such indemnities and
warranties as the Secretary considers reasonable and necessary to
protect the purchaser or transferee from claims arising from the
ownership of the property by the United States or the administration of
the property by the Secretary of Energy.
(b) Eventual Transfer of Administrative Jurisdiction.--(1) The
Secretary of Energy shall continue to administer Naval Petroleum
Reserve Numbered 2 (other than the portion of the reserve subject to
disposal under subsection (a)) in accordance with chapter 641 of title
10, United States Code, until such time as the Secretary makes a
determination to abandon oil and gas operations in Naval Petroleum
Reserve Numbered 2 in accordance with commercial operating practices.
(2) After oil and gas operations are abandoned in Naval Petroleum
Reserve Numbered 2 under paragraph (1), the Secretary of Energy shall
transfer to the Secretary of the Interior administrative jurisdiction
and control over all public domain lands included within Naval
Petroleum Reserve Numbered 2 (other than the portion of the reserve
subject to disposal under subsection (a)) for management in accordance
with the general land laws.
(c) Relationship to Antitrust Laws.--This section does not modify,
impair, or supersede the operation of the antitrust laws.
SEC. 3405. DISPOSAL OF NAVAL PETROLEUM RESERVE NUMBERED 3.
(a) Continued Administration Pending Termination of Operations.--
The Secretary of Energy shall continue to administer Naval Petroleum
Reserve Numbered 3 in accordance with chapter 641 of title 10, United
States Code, until such time as the Secretary makes a determination to
abandon oil and gas operations in Naval Petroleum Reserve Numbered 3 in
accordance with commercial operating practices.
(b) Disposal Authority.--(1) After oil and gas operations are
abandoned in Naval Petroleum Reserve Numbered 3, the Secretary of
Energy may dispose of, subject to section 3407, the reserve by sale,
lease, transfer, or other means. Any sale or lease shall provide for
the disposal of all right, title, and interest of the United States in
the property to be conveyed and shall be conducted in accordance with
competitive procedures consistent with commercial practices, as
established by the Secretary of Energy.
(2) The Secretary of Energy may extend to a purchaser or other
transferee of property under this subsection such indemnities and
warranties as the Secretary considers reasonable and necessary to
protect the purchaser or transferee from claims arising from the
ownership of the property by the United States or the administration of
the property by the Secretary of Energy.
(c) Relationship to Antitrust Laws.--This section does not modify,
impair, or supersede the operation of the antitrust laws.
SEC. 3406. DISPOSAL OF OIL SHALE RESERVE NUMBERED 2.
(a) Transfer of Administrative Jurisdiction.--Subject to section
3407, effective September 30, 1999, the Secretary of Energy shall
transfer to the Secretary of the Interior administrative jurisdiction
and control over all public domain lands included within Oil Shale
Reserve Numbered 2 for management in accordance with the general land
laws.
(b) Relationship to Indian Reservation.--The transfer of
administrative jurisdiction under this section does not affect any
interest, right, or obligation respecting the Uintah and Ouray Indian
Reservation located in Oil Shale Reserve Numbered 2.
SEC. 3407. ADMINISTRATION.
(a) Contract Authority.--Using the authority provided by section
303(c)(7) of the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 253(c)(7)), the Secretary of Energy and the Secretary
of the Interior may separately enter into contracts for the acquisition
of such services as the Secretary considers necessary to carry out the
requirements of this title, except that the notification required under
subparagraph (B) of such section for each such contract shall be
submitted to Congress not less than seven days before the award of the
contract.
(b) Protection of Existing Rights.--At the discretion of the
Secretary of Energy, the disposal of property under this title shall be
subject to any contract related to the United States ownership interest
in the property in effect at the time of disposal, including any lease
agreement pertaining to the United States interest in Naval Petroleum
Reserve Numbered 2.
(c) Deposit of Receipts.--Notwithstanding any other law, all monies
received by the United States from the disposal of property under this
title or under section 7439 of title 10, United States Code, including
monies received from a lease entered into under this title or such
section, shall be deposited in the general fund of the Treasury.
(d) Treatment of Royalties.--Any petroleum accruing to the United
States as royalty from any lease of lands transferred under this title
or under section 7439 of title 10, United States Code, shall be
delivered to the United States, or shall be paid for in money, as the
Secretary of the Interior may elect.
(e) Elements of Lease.--A lease under this title may provide for
the exploration for, and development and production of, petroleum,
other than petroleum in the form of oil shale.
(f) Relationship to Current Law.--Except as otherwise provided in
this title, chapter 641 of title 10, United States Code, does not apply
to the disposal of property under this title and ceases to apply to
property in Naval Petroleum Reserve Numbered 2, Naval Petroleum
Reserve Numbered 3, and Oil Shale Reserve Numbered 2, upon the final
disposal of the property.
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 built in the
United States, 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. 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. 3507. CENTRAL EXAMINING OFFICE.
Section 1223 (22 U.S.C. 3663) is repealed.
SEC. 3508. 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. 3509. 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, except that
such compensation may not be reduced during a member's term of office
from the level established at the time of the appointment.''.
(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. 3510. 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''.
(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''.
TITLE XXXVI--MARITIME ADMINISTRATION
SEC. 3601. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1999.
Funds are hereby authorized to be appropriated for fiscal year
1999, to be available without fiscal year limitation if so provided in
appropriations Act, for the use of the Department of Transportation for
the Maritime Administration as follows:
(1) For expenses necessary for operations and training
activities, $70,553,000.
(2) For expenses under the loan guarantee program
authorized by title XI of the Merchant Marine Act, 1936 (46
U.S.C. App. 1271 et seq.), $20,000,000 of which--
(A) $16,000,000 is for the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990
(2 U.S.C. 661a(5))) of loan guarantees under the
program; and
(B) $4,000,000 is for administrative expenses
related to loan guarantee commitments under the
program.
SEC. 3602. CONVEYANCE OF NDRF VESSEL M/V BAYAMON.
(a) Authority To Convey.--The Secretary of Transportation may
convey all right, title, and interest of the United States Government
in and to the vessel M/V BAYAMON (United States official number 530007)
to the Trade Fair Ship Company, a corporation established under the
laws of the State of Deleware and having its principal offices located
in New York, New York (in this section referred to as the
``recipient''), for use as floating trade exposition to showcase United
States technology, industrial products, and services.
(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 United States Government.
(2) Required conditions.--The Secretary may not convey a
vessel under this section unless--
(A) the recipient pays consideration equal to the
domestic fair market value of the vessel as determined
by the Secretary;
(B) the recipient agrees that any repair,
restoration, or reconstruction work for the vessel will
be performed in the United States;
(C) the recipient agrees to hold the Government
harmless for any claims arising from exposure to
hazardous material, including asbestos and
polychlorinated biphenyls, after the conveyance of the
vessel, except for claims arising before the date of
the conveyance or from use of the vessel by the
Government after that date; and
(D) the recipient provides sufficient evidence to
the Secretary that it has adequate financial resources
in the form of cash, liquid assets, or a written loan
commitment to complete the reconstruction of the
vessel.
(3) Additional terms.--The Secretary may require such
additional terms in connection with the conveyance authorized
by this section as the Secretary considers appropriate.
(c) Proceeds.--Any amounts received by the United States as
proceeds from the sale of the M/V BAYAMON shall be deposited in the
Vessel Operations Revolving Fund established by the Act of June 2, 1951
(chapter 121; 46 App. U.S.C. 1241a).
SEC. 3603. CONVEYANCE OF NDRF VESSELS BENJAMIN ISHERWOOD AND HENRY
ECKFORD.
(a) Authority To Convey.--The Secretary of Transportation may
convey all right, title, and interest of the United States Government
in and to the vessels BENJAMIN ISHERWOOD (TAO-191) and HENRY ECKFORD
(TAO-192) to a purchaser for the purpose of reconstruction of those
vessels for sale or charter.
(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 the conveyance;
(B) in its condition on that date; and
(C) at no cost to the United States Government.
(2) Required conditions.--The Secretary may not convey a
vessel under this section unless--
(A) the recipient pays consideration equal to the
domestic fair market value of the vessel, as determined
by the Secretary;
(B) the recipient agrees to sell or charter the
vessel to a member nation of the North Atlantic Treaty
Organization for use as an oiler;
(C) the recipient provides sufficient evidence to
the Secretary that it has adequate financial resources
in the form of cash, liquid assets, or a written loan
commitment to complete the reconstruction of the
vessel;
(D) the recipient agrees that any repair,
restoration, or reconstruction work for the vessel will
be performed in the United States; and
(E) the recipient agrees to hold the Government
harmless for any claims arising from defects in the
vessel or from exposure to hazardous material,
including asbestos and polychlorinated biphenyls, after
the conveyance of the vessel, except for claims arising
before the date of the conveyance or from use of the
vessel by the Government after that date.
(3) Additional terms.--The Secretary may require such
additional terms in connection with a conveyance authorized by
this section as the Secretary considers appropriate.
(c) Proceeds.--Any amounts received by the United States as
proceeds from the sale of a vessel under this section shall be
deposited in the Vessel Operations Revolving Fund established by the
Act of June 2, 1951 (chapter 121; 46 App. U.S.C. 1241a).
(d) Duration of Authority.--The authority of the Secretary under
this section may only be exercised during the one-year period beginning
on the date of the enactment of this Act.
SEC. 3604. CLEARINGHOUSE FOR MARITIME INFORMATION.
Of the amount authorized to be appropriated pursuant to section
3601(1) for operations of the Maritime Administration, $75,000 shall be
available for the establishment at a State Maritime Academy of a
clearinghouse for maritime information that makes that information
publicly available, including by use of the Internet.
SEC. 3605. CONVEYANCE OF NDRF VESSEL EX-USS 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-USS 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 material, including asbestos and
polychlorinated biphenyls, after conveyance of the
vessel, except for claims arising before the date of
the conveyance or 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 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.
Amend the title so as to read: ``A bill 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.''.